Bill Text: IL HB3133 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Township Modernization and Consolidation Act. Provides that all townships in a county may be dissolved by referendum, through either citizen petition or county board ordinance. Provides for petition, ordinance, and notice requirements. Provides for transfer of property, assets, personnel, contractual obligations, liabilities, tax levies, records, and rights and duties from the township to county. Further provides for procedures the county board may employ if a township has outstanding debt on the date of dissolution of the township. Amends the Township Code. Abolishes of office of township collector and transfers all powers and duties to the county collector. Provides that counties who dissolve all townships may retain their current form of governance (currently, required to form a commission form). Further provides that all townships within a coterminous municipality may dissolve (currently, only selected townships may). Amends the Election Code, Public Funds Statement Publication Act, the Property Tax Code, Mobile Home Local Services Tax Enforcement Act, and Counties Code making conforming changes.

Spectrum: Moderate Partisan Bill (Democrat 5-1)

Status: (Failed) 2019-01-08 - Session Sine Die [HB3133 Detail]

Download: Illinois-2017-HB3133-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB3133 Introduced , by Rep. Sam Yingling SYNOPSIS AS INTRODUCED:
See Index
Creates the Township Modernization and Consolidation Act. Provides that all townships in a county may be dissolved by referendum, through either citizen petition or county board ordinance. Provides for petition, ordinance, and notice requirements. Provides for transfer of property, assets, personnel, contractual obligations, liabilities, tax levies, records, and rights and duties from the township to county. Further provides for procedures the county board may employ if a township has outstanding debt on the date of dissolution of the township. Amends the Township Code. Abolishes of office of township collector and transfers all powers and duties to the county collector. Provides that counties who dissolve all townships may retain their current form of governance (currently, required to form a commission form). Further provides that all townships within a coterminous municipality may dissolve (currently, only selected townships may). Amends the Election Code, Public Funds Statement Publication Act, the Property Tax Code, Mobile Home Local Services Tax Enforcement Act, and Counties Code making conforming changes.
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FISCAL NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB3133 LRB100 08527 AWJ 18652 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Township Modernization and Consolidation Act.
Section 5. Scope. The method of dissolution of townships
under this Act shall be in addition to any other method of
dissolving a township provided by law or otherwise.
Section 10. Definitions. As used in this Act:
"Date of dissolution" shall mean the day after the earliest
expiring term ends of a township supervisor, clerk, assessor,
or trustee of each dissolving township after a referendum has
been approved under Section 30 of this Act or 90 days after the
date of the election at which the referendum is approved,
whichever is later.
"Dissolving townships" means the townships proposed to be
dissolved by referendum under this Act.
"Electors" means the registered voters of the receiving
county.
"Receiving county" means the county receiving the rights,
duties, and liabilities of the dissolving townships.

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Section 15. Petition requirements; notice.
(a) Subject to the petition requirements of Section 28-3 of
the Election Code, petitions for a referendum to dissolve all
townships in a county must be filed with the governing board of
each of the dissolving townships and the county board of the
receiving county not less than 122 days prior to a general
election. Petitions must include:
(1) the names of all townships in the county;
(2) the receiving county;
(3) the date of dissolution of each township affected;
(4) signatures of a number of electors equal to or
greater than 5% of the total votes cast in the preceding
general election in the receiving county; and
(5) an affidavit of publication, attesting that notice
of the petition to dissolve all townships was published in
a newspaper of general circulation within the territory of
all dissolving townships and the county at least 122 days
and no more than 152 days prior to the general election at
which the referendum is to be voted upon.
(b) The dates of dissolution shall be at least 90 days
after the date of the election at which the referendum is to be
voted upon.
(c) The parties filing a petition under this Section shall
give notice in substantially the following form:
NOTICE OF PETITION TO DISSOLVE ALL TOWNSHIPS IN ....

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COUNTY.
Residents of .... County are notified that a petition will
be filed with all townships and the .... County board
requesting a referendum to dissolve all townships in ....
County on [each date of dissolution, as applicable] with
all real and personal property, and any other assets,
together with all personnel, contractual obligations, and
liabilities being transferred to .... County.
Section 20. Ordinance requirements; notice.
(a) A county board may pass an ordinance to dissolve all
townships in the county by referendum at the next general
election. The ordinance must be passed not less than 122 days
prior to the general election in which the referendum will
appear. The ordinance must include:
(1) the names of all townships in the county;
(2) the receiving county;
(3) the date of dissolution of each township affected;
and
(4) an affidavit of publication, attesting that notice
of the ordinance to dissolve townships was published in a
newspaper of general circulation within the territory of
all dissolving townships and the county at least 122 days
and no more than 152 days prior to the general election at
which the referendum is to be voted upon.
(b) The dates of dissolution shall be at least 90 days

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after the date of the election at which the referendum is to be
voted upon.
(c) The county board passing an ordinance under this
Section shall give notice in substantially the following form:
NOTICE OF ORDINANCE TO DISSOLVE ALL TOWNSHIPS IN ....
COUNTY.
Residents of .... County are notified that an ordinance may
be passed by the .... County board requesting a referendum
to dissolve all townships in .... County on [each date of
dissolution, as applicable] with all real and personal
property, and any other assets, together with all
personnel, contractual obligations, and liabilities being
transferred to .... County.
Section 25. Ballot placement. A petition or ordinance that
meets the requirements of Section 15 or 20 shall be placed on
the ballot in the form provided for in Section 30 at the
general election next following. Failure to publish the
required notice of petition or ordinance shall render the
petition or ordinance, and the results of any referendum held
on the petition or ordinance, null and void.
Section 30. Referendum; voting.
(a) Subject to the requirements of Section 16-7 of the
Election Code, the referendum described in Section 30 shall be

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in substantially the following form on the ballot:
-----------
Shall the townships
of .... County be dissolved YES
on [each date of dissolution, as applicable]
with all of their property, ---------------------------
assets, personnel, obligations,
and liabilities being NO
transferred to .... County?
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(b) The referendum is approved when a majority of the
electors of the receiving county approve the referendum.
Section 35. Dissolution; transfer of rights and duties.
When the dissolution of townships have been approved under
Section 30:
(a) Except as otherwise provided for in this Act, on or
before each date of dissolution, all real and personal
property, and any other assets, together with all personnel,
contractual obligations, and liabilities of each dissolving
township shall be transferred to the receiving county.
(b) On or before each date of dissolution, each dissolving
township shall transfer all records to the county clerk who
shall thereafter be in control of such records.
(c) On its applicable date of dissolution, each dissolving
township is dissolved.

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(d) Except as otherwise provided for in this Act, on and
after each date of dissolution, all rights and duties of the
dissolved townships, including, but not limited to, the
authority to tax (if any), may be exercised by the county board
of the receiving county.
(e) On and after each date of dissolution, the county board
of the receiving county may continue the levying of any general
assistance tax still in effect which was issued by the township
under subsection (c) of Section 235-20 of the Township Code by
the dissolved townships as follows:
(1) The municipal portion of the general assistance tax
shall be levied the same as before the dissolution of the
township until the conclusion of the general assistance
tax.
(2) The dissolved township's portion of the levy of the
general assistance tax shall be redistributed between all
taxpayers of the receiving county except those taxpayers
under paragraph (1) of this subsection (e).
(f) If on the date of dissolution a township has
outstanding bonds or any other financial indebtedness, the
following shall apply:
(1) The receiving county's board may, on and after the
date of dissolution, liquidate or transfer for fair market
value the real and personal property, and other assets, of
the former township in an amount no greater than the
indebtedness.

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(2) The county board may levy taxes, in an amount no
greater than the indebtedness, as if the township remained
in existence to pay any indebtedness. For purposes of
levying taxes under this paragraph (2), the county clerk
has the authority of the township clerk; the county
assessor or county supervisor of assessments has the
authority of the township assessor; the county board
chairperson has the authority of the township supervisor;
and the county board has the authority of the township
board and the highway commissioner.
(g) On and after each date of dissolution, the supervisor
of assessments or county assessor shall assume the duties of
the township assessor. Any equipment and assets controlled by
the township assessor shall be transferred to the supervisor of
assessments or county assessor.
(h) On and after each date of dissolution, the county board
chairperson shall assume the duties of the township highway
commissioner and shall have jurisdiction over all areas that a
township highway commissioner had jurisdiction. Additionally,
the county board shall assume the duties of the township board
of trustees and the county clerk shall assume the duties of the
township clerk as it relates to the taxes levied by a highway
commission.
(i) Notwithstanding any other provision of law, on and
after all townships have been dissolved under this Act, the
county board, or county commission if the county board chooses

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to become a commission form of government under Section 25-25
of the Township Code, may levy a general assistance tax and a
tax issued by a highway commission as if the county board was
organized under a township or commission form of government.
This subsection (i) shall not give a county board or county
commission the authority to issue two general assistance taxes
(one under the township form of governance and one under a
commission form of governance) or two highway commission taxes
(one under the township form of governance and one under a
commission form of governance). Any general assistance tax or
highway commission tax imposed shall not be subject to any
amount of indebtedness under paragraph (2) of subsection (f) of
this Section.
Section 40. Expenses and contracts after referendum. After
a referendum passes under Section 30 of this Act and before the
date of dissolution of a township:
(a) A dissolving township, or any township official,
division, or commission, may not enter into, renew, or extend
any contracts that would extend beyond the date of dissolution
of the township.
(b) A dissolving township, or any township official,
division, or commission, may not enter into, renew, or extend
any contracts, bonds, or other expenditures that would increase
the indebtedness of the township to an amount greater than the
amount of indebtedness on the date the referendum passed.

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(c) A dissolving township shall not amend its budget to
allow expenses greater than those allowed on the date the
referendum passed.
(d) A dissolving township shall not enact any new taxes.
(e) Notwithstanding subsections (a), (b), and (c), the
township board may approve contracts and expenses for emergency
purposes to protect the life, health, safety of its residents
and property.
Section 100. The Election Code is amended by changing
Section 28-7 as follows:
(10 ILCS 5/28-7) (from Ch. 46, par. 28-7)
Sec. 28-7. Except as provided in the Township Modernization
and Consolidation Act, in In any case in which Article VII or
paragraph (a) of Section 5 of the Transition Schedule of the
Constitution authorizes any action to be taken by or with
respect to any unit of local government, as defined in Section
1 of Article VII of the Constitution, by or subject to approval
by referendum, any such public question shall be initiated in
accordance with this Section.
Any such public question may be initiated by the governing
body of the unit of local government by resolution or by the
filing with the clerk or secretary of the governmental unit of
a petition signed by a number of qualified electors equal to or
greater than at least 8% of the total votes cast for candidates

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for Governor in the preceding gubernatorial election,
requesting the submission of the proposal for such action to
the voters of the governmental unit at a regular election.
If the action to be taken requires a referendum involving 2
or more units of local government, the proposal shall be
submitted to the voters of such governmental units by the
election authorities with jurisdiction over the territory of
the governmental units. Such multi-unit proposals may be
initiated by appropriate resolutions by the respective
governing bodies or by petitions of the voters of the several
governmental units filed with the respective clerks or
secretaries.
This Section is intended to provide a method of submission
to referendum in all cases of proposals for actions which are
authorized by Article VII of the Constitution by or subject to
approval by referendum and supersedes any conflicting
statutory provisions except those contained in the County
Executive Law, which is Division 2-5 of the Counties Code,
"County Executive Act" or the Township Modernization and
Consolidation Act.
Referenda provided for in this Section may not be held more
than once in any 23-month period on the same proposition,
provided that in any municipality a referendum to elect not to
be a home rule unit may be held only once within any 47-month
period.
(Source: P.A. 97-81, eff. 7-5-11.)

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Section 105. The Public Funds Statement Publication Act is
amended by changing Section 3a as follows:
(30 ILCS 15/3a) (from Ch. 102, par. 7a)
Sec. 3a. In counties having a population of less than
500,000, if any such public officer in the discharge of his or
her official duties, receives all or any part of his funds from
the county collector, the county treasurer, or, prior to the
effective date of this amendatory Act of the 100th General
Assembly, the township collector, and if the county treasurer
determines, by reviewing documents filed with the county clerk
under Section 3 of this Act, that the public officer has failed
to comply with Section 2 of this Act, then the county treasurer
shall withhold the payment to that public official of any and
all funds until the public official has complied with Section 2
of this Act.
(Source: P.A. 95-367, eff. 8-23-07.)
Section 110. The Property Tax Code is amended by changing
Section 3-70 and by adding Section 1-151 as follows:
(35 ILCS 200/1-151 new)
Sec. 1-151. Township collector. Any reference in this Code
to "township collector" shall mean "county collector".

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(35 ILCS 200/3-70)
Sec. 3-70. Cessation of Township Assessor.
(a) If the office of Township Assessor in a coterminous
township ceases as provided in Articles 27 and 28 of the
Township Code, then the coterminous municipality shall assume
the duties of the Township Assessor under this Code.
(b) If a township dissolves as provided in Article 27 of
the Township Code or in the Township Modernization and
Consolidation Act, then the supervisor of assessments or county
assessor, as applicable, shall assume the duties of the
township assessor under this Code.
(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)
Section 115. The Mobile Home Local Services Tax Enforcement
Act is amended by changing Section 320 as follows:
(35 ILCS 516/320)
Sec. 320. Partial redemption of forfeited mobile homes. In
counties with less than 3,000,000 inhabitants, when forfeited
taxes on a mobile home remain unpaid for one or more years, it
is permissible to pay to the county or township collector, one
or more full years of back or forfeited taxes, interest prior
to forfeiture, statutory costs, printers' fees, and forfeiture
interest or penalties, attaching thereto beginning with the
earliest year for which the taxes are unpaid. In no case shall
payment on account of a designated years' taxes be accepted

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unless the sums due for prior years have first been paid or are
tendered at the same time.
Any person seeking to make payments under this Section
shall notify the county clerk of his or her intention in person
or by agent or in writing. If notice is given while the
collector has possession of the collector's books, the county
clerk shall prepare an addendum to be presented to the
collector and attached, by the collector, to the collector's
books on which the description of the mobile home involved
appears, which addendum shall become a part of the collector's
books. If notice is given after the tax sale, but before
receipt by the county collector of the current collector's
books, the county clerk shall prepare an addendum and attach it
to the Tax Judgment, Sale, Redemption, and Forfeiture record,
on which the mobile home involved appears, which addendum shall
become a part of that record.
The addendum shall show separately, for the year or years
to be paid, (a) the amount of back or forfeited taxes, (b)
interest prior to forfeiture, (c) statutory costs and printers'
fees, and (d) forfeiture interest or penalties attaching
thereto. The county clerk shall, at the same time, order the
county or town collector to receive from the person the amount
due on account of the taxes, for the year or years determined
as provided above, of the back or forfeited taxes, interest
prior to forfeiture, statutory costs, printers' fees, and
forfeiture interest or penalties to date attaching to the back

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or forfeited taxes.
Upon presentation of the order from the county clerk, and
receipt of the addendum if the books are in the collector's
possession, the collector shall receive the sum tendered on
account of the taxes for the year or years designated, and make
out duplicate receipts therefor. The receipts shall set forth a
description of the mobile home, the year or years paid, and the
total amount received. One copy of the receipt shall be given
the person making payment and, when countersigned by the county
clerk, shall be evidence of the payment therein set forth. The
second copy shall be filed by the county clerk in his or her
office.
If the collector's books are in the collector's possession,
he or she shall enter the payment on the current collector's
books or addendum, and he or she shall also enter any unpaid
balance on the Tax Judgment, Sale, Redemption and Forfeiture
record at the proper time.
After the tax sale and before receipt by the county
collector of the current collector's books, the county clerk
shall make a proper entry on the Tax Judgment, Sale, Redemption
and Forfeiture record, and shall charge the county collector
with the sum received. The county clerk shall also enter any
unpaid balance on the county collector's books at the proper
time.
The county collector shall distribute all sums received as
required by law.

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(Source: P.A. 92-807, eff. 1-1-03.)
Section 120. The Counties Code is amended by changing the
heading of Division 2-4 and Sections 2-4006, 5-1005, and
5-32028 as follows:
(55 ILCS 5/Div. 2-4 heading)
Division 2-4. Counties not under Township Organization
Organized as a Commission Form of Government
(55 ILCS 5/2-4006)
Sec. 2-4006. Terms of commissioners.
(a) In every county not under township organization that is
organized as commission form of government having 3
commissioners elected at large as described in subsection (b)
or (c), the commissioners shall be elected as provided in this
Section.
(b) In a county in which one commissioner was elected at
the general election in 1992 to serve for a term of 4 years and
in which 2 commissioners will be elected at the general
election in 1994, the commissioner elected in 1994 and
receiving the greatest number of votes shall serve for a term
of 6 years. The other commissioner elected in 1994 shall serve
for a term of 4 years. At the general election in 1996 and at
each general election thereafter, one commissioner shall be
elected to serve for a term of 6 years.

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(c) In a county in which 2 commissioners were elected at
the general election in 1992 to serve for terms of 4 years and
in which one commissioner will be elected at the general
election in 1994, the commissioner elected in 1994 shall serve
for a term of 4 years. The commissioner elected in 1996 and
receiving the greatest number of votes shall serve for a term
of 6 years. The other commissioner elected in 1996 shall serve
for a term of 4 years. At the general election in 1998 and at
each general election thereafter, one commissioner shall be
elected to serve for a term of 6 years.
(c-5) In Calhoun County, Edwards County, and Union County,
the registered voters of the county may, upon referendum
initiated by (i) the adoption of a resolution of the board of
county commissioners or (ii) a petition signed by not less than
10% of the registered voters in the county, determine that the
board of county commissioners shall consist of 5 commissioners
elected at large. The commissioners must certify the question
to the proper election authority, which must submit the
question at an election in accordance with the general election
law.
The question shall be submitted in substantially the
following form:
"Shall the board of county commissioners of (county)
consist of 5 commissioners elected at large?"
Votes must be recorded as "Yes" or "No". If a majority of
the electors voting on the question vote in the affirmative,

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then a 5-member board of county commissioners shall be
established beginning with the next general election. The
County Clerk, in consultation with the State's Attorney for the
county, shall develop and present to the board of county
commissioners, to implement by the adoption of a resolution,
the transition of terms for the current 3-member board of
commissioners and the addition of 2 commissioners for 6-year
terms. Thereafter, commissioners shall be elected at each
general election to fill expired terms.
(d) The provisions of this Section do not apply to
commissioners elected under Section 2-4006.5 of this Code.
(Source: P.A. 96-175, eff. 8-10-09.)
(55 ILCS 5/5-1005) (from Ch. 34, par. 5-1005)
Sec. 5-1005. Powers. Each county shall have power:
1. To purchase and hold the real and personal estate
necessary for the uses of the county, and to purchase and
hold, for the benefit of the county, real estate sold by
virtue of judicial proceedings in which the county is
plaintiff.
2. To sell and convey or lease any real or personal
estate owned by the county.
3. To make all contracts and do all other acts in
relation to the property and concerns of the county
necessary to the exercise of its corporate powers.
4. To take all necessary measures and institute

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proceedings to enforce all laws for the prevention of
cruelty to animals.
5. To purchase and hold or lease real estate upon which
may be erected and maintained buildings to be utilized for
purposes of agricultural experiments and to purchase, hold
and use personal property for the care and maintenance of
such real estate in connection with such experimental
purposes.
6. To cause to be erected, or otherwise provided,
suitable buildings for, and maintain a county hospital and
necessary branch hospitals and/or a county sheltered care
home or county nursing home for the care of such sick,
chronically ill or infirm persons as may by law be proper
charges upon the county, or upon other governmental units,
and to provide for the management of the same. The county
board may establish rates to be paid by persons seeking
care and treatment in such hospital or home in accordance
with their financial ability to meet such charges, either
personally or through a hospital plan or hospital
insurance, and the rates to be paid by governmental units,
including the State, for the care of sick, chronically ill
or infirm persons admitted therein upon the request of such
governmental units. Any hospital maintained by a county
under this Section is authorized to provide any service and
enter into any contract or other arrangement not prohibited
for a hospital that is licensed under the Hospital

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Licensing Act, incorporated under the General
Not-For-Profit Corporation Act, and exempt from taxation
under paragraph (3) of subsection (c) of Section 501 of the
Internal Revenue Code.
7. To contribute such sums of money toward erecting,
building, maintaining, and supporting any non-sectarian
public hospital located within its limits as the county
board of the county shall deem proper.
8. To purchase and hold real estate for the
preservation of forests, prairies and other natural areas
and to maintain and regulate the use thereof.
9. To purchase and hold real estate for the purpose of
preserving historical spots in the county, to restore,
maintain and regulate the use thereof and to donate any
historical spot to the State.
10. To appropriate funds from the county treasury to be
used in any manner to be determined by the board for the
suppression, eradication and control of tuberculosis among
domestic cattle in such county.
11. To take all necessary measures to prevent forest
fires and encourage the maintenance and planting of trees
and the preservation of forests.
12. To authorize the closing on Saturday mornings of
all offices of all county officers at the county seat of
each county, and to otherwise regulate and fix the days and
the hours of opening and closing of such offices, except

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when the days and the hours of opening and closing of the
office of any county officer are otherwise fixed by law;
but the power herein conferred shall not apply to the
office of State's Attorney and the offices of judges and
clerks of courts and, in counties of 500,000 or more
population, the offices of county clerk.
13. To provide for the conservation, preservation and
propagation of insectivorous birds through the expenditure
of funds provided for such purpose.
14. To appropriate funds from the county treasury and
expend the same for care and treatment of tuberculosis
residents.
15. In counties having less than 1,000,000
inhabitants, to take all necessary or proper steps for the
extermination of mosquitoes, flies or other insects within
the county.
16. To install an adequate system of accounts and
financial records in the offices and divisions of the
county, suitable to the needs of the office and in
accordance with generally accepted principles of
accounting for governmental bodies, which system may
include such reports as the county board may determine.
17. To purchase and hold real estate for the
construction and maintenance of motor vehicle parking
facilities for persons using county buildings, but the
purchase and use of such real estate shall not be for

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revenue producing purposes.
18. To acquire and hold title to real property located
within the county, or partly within and partly outside the
county by dedication, purchase, gift, legacy or lease, for
park and recreational purposes and to charge reasonable
fees for the use of or admission to any such park or
recreational area and to provide police protection for such
park or recreational area. Personnel employed to provide
such police protection shall be conservators of the peace
within such park or recreational area and shall have power
to make arrests on view of the offense or upon warrants for
violation of any of the ordinances governing such park or
recreational area or for any breach of the peace in the
same manner as the police in municipalities organized and
existing under the general laws of the State. All such real
property outside the county shall be contiguous to the
county and within the boundaries of the State of Illinois.
19. To appropriate funds from the county treasury to be
used to provide supportive social services designed to
prevent the unnecessary institutionalization of elderly
residents, or, for operation of, and equipment for, senior
citizen centers providing social services to elderly
residents.
20. To appropriate funds from the county treasury and
loan such funds to a county water commission created under
the "Water Commission Act", approved June 30, 1984, as now

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or hereafter amended, in such amounts and upon such terms
as the county may determine or the county and the
commission may agree. The county shall not under any
circumstances be obligated to make such loans. The county
shall not be required to charge interest on any such loans.
21. To appropriate and expend funds from the county
treasury for economic development purposes, including the
making of grants to any other governmental entity or
commercial enterprise deemed necessary or desirable for
the promotion of economic development in the county.
22. To lease space on a telecommunications tower to a
public or private entity.
23. In counties having a population of 100,000 or less
and a public building commission organized by the county
seat of the county, to cause to be erected or otherwise
provided, and to maintain or cause to be maintained,
suitable facilities to house students pursuing a
post-secondary education at an academic institution
located within the county. The county may provide for the
management of the facilities.
24. Dissolve townships under the Township
Modernization and Consolidation Act.
All contracts for the purchase of coal under this Section
shall be subject to the provisions of "An Act concerning the
use of Illinois mined coal in certain plants and institutions",
filed July 13, 1937, as amended.

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(Source: P.A. 95-197, eff. 8-16-07; 95-813, eff. 1-1-09;
96-622, eff. 8-24-09.)
(55 ILCS 5/5-32028) (from Ch. 34, par. 5-32028)
Sec. 5-32028. Certification of assessment roll; collection
of assessments. Within 30 days after the filing of the report
of the amount and date of the first voucher issued on account
of construction work done, the clerk of the court in which such
judgment is rendered shall certify the assessment roll and
judgment to the township collector or county collector
authorized to collect the special assessment, or if there has
been an appeal taken on any part of the judgment, he shall
certify such part of the judgment as is not included in that
appeal. This certification shall be filed by the officer
receiving it in his office. With the assessment roll and
judgment the clerk of the designated court shall also issue a
warrant for the collection of the assessment. The court has the
power to recall such warrants as to all or any of the property
affected at any time before payment or sale, in case the
proceedings are abandoned by the petitioner or the judgment is
vacated or modified in a material respect as hereinbefore
provided, but not otherwise. In case the assessment roll has
been abated and the judgment reduced, the clerk of the
designated court, within 30 days thereafter, shall certify the
order of reduction or the roll as so reduced or recast under
the direction of the court to the county collector authorized

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to collect the special assessment, and shall issue a warrant
for the collection of the assessment as so reduced or recast.
(Source: P.A. 86-962.)
Section 125. The Township Code is amended by changing the
heading of Article 27 and Sections 25-15, 25-25, 27-5, 27-10,
27-15, and 235-20 and by adding Section 78-10 as follows:
(60 ILCS 1/25-15)
Sec. 25-15. Selection of county governing body; election
Election of county commissioners. When township organization
ceases in any county as provided in this Article or the
Township Modernization and Consolidation Act, the county board
may restructure into a commission form of government by
ordinance or resolution. If the county board enacts an
ordinance or resolution to assume a commission form of
government, an election shall be held in the county at the next
general election in an even-numbered year for 3 county
commissioners who shall hold office for 2, 4, and 6 years,
respectively, and until their successors are elected and
qualified. Terms shall be determined by lot. At each succeeding
general election after the first, one commissioner shall be
elected.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/25-25)

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Sec. 25-25. Disposal of township records and property. When
township organization is discontinued in any county, the
records of the several townships shall be deposited in the
county clerk's office. The county board or commissioners of the
county may close up all unfinished business of the several
townships and sell and dispose of any of the property belonging
to a township for the benefit of the inhabitants of the
township, as fully as might have been done by the townships
themselves. The county board or commissioners may pay all the
indebtedness of any township existing at the time of the
discontinuance of township organization and cause the amount of
the indebtedness, or so much as may be necessary, to be levied
upon the property of the township.
(Source: P.A. 82-783; 88-62.)
(60 ILCS 1/Art. 27 heading)
ARTICLE 27. DISCONTINUANCE OF TOWNSHIP
ORGANIZATION WITHIN COTERMINOUS MUNICIPALITY:
COUNTY POPULATION OF 3 MILLION OR MORE
(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)
(60 ILCS 1/27-5)
Sec. 27-5. Applicability. This Article shall apply only to
a township that: (1) is within a coterminous, or substantially
coterminous, municipality in which the city council exercises
the powers and duties of the township board, or in which one or

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more municipal officials serve as an officer or trustee of the
township; (2) is located within a county with a population of 3
million or more; and (3) contains a territory of 7 square miles
or more.
(Source: P.A. 98-127, eff. 8-2-13.)
(60 ILCS 1/27-10)
Sec. 27-10. Petition and referendum to discontinue and
abolish a township organization within a coterminous
municipality. Upon adoption of an ordinance by the governing
board city council of a township described under Section 27-5
of this Article, or upon petition of at least 10% of the
registered voters of that township, the governing board city
council shall certify and cause to be submitted to the voters
of the township, at the next election or consolidated election,
a proposition to discontinue and abolish the township
organization and to transfer all the rights, powers, duties,
assets, property, liabilities, obligations, and
responsibilities of the township organization to the
coterminous municipality.
A signature on a petition shall not be valid or counted in
considering the petition unless the form requirements are
complied with and the date of each signature is less than 90
days before the last day for filing the petition. The statement
of the person who circulates the petition must include an
attestation (i) indicating the dates on which that sheet was

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circulated, (ii) indicating the first and last date on which
that sheet was circulated, or (iii) certifying that none of the
signatures on the sheet was signed more than 90 days before the
last day for filing the petition. The petition shall be treated
and the proposition certified in the manner provided by the
general election law. After the proposition has once been
submitted to the electorate, the proposition shall not be
resubmitted for 4 years.
The proposition shall be in substantially the following
form:
Shall the township organization be continued in [Name
of Township] Township?
The votes shall be recorded as "Yes" or "No".
(Source: P.A. 98-127, eff. 8-2-13; 98-756, eff. 7-16-14.)
(60 ILCS 1/27-15)
Sec. 27-15. Cessation of township organization. If a
majority of the votes of the township cast are in favor of the
proposition to discontinue and abolish the township
organization, then the township organization in that township
shall cease.
On the effective date of the discontinuance and abolishment
of the township organization, all the rights, powers, duties,
assets, property, liabilities, obligations, and
responsibilities of the township shall by operation of law vest
in and be assumed by the coterminous municipality except for

HB3133 - 28 - LRB100 08527 AWJ 18652 b
the rights, powers, duties, obligations, and responsibilities
of the township assessor which shall be transferred to the
supervisor of assessments or county assessor, as applicable.
(Source: P.A. 98-127, eff. 8-2-13.)
(60 ILCS 1/78-10 new)
Sec. 78-10. Elimination of township collector. On the
effective date of this amendatory Act of the 100th General
Assembly:
(a) All township collector offices cease and the county
collector shall assume the obligations and duties of every
township collector in the county.
(b) Any reference in this Code, other statute, or
administrative rule to "township collector" shall mean "county
collector".
(c) No township collector shall be compensated for any
duties performed after the effective date of this amendatory
Act of the 100th General Assembly or have legal recourse upon
the elimination of the township collector office.
(60 ILCS 1/235-20)
Sec. 235-20. General assistance tax.
(a) The township board may raise money by taxation deemed
necessary to be expended to provide general assistance in the
township to persons needing that assistance as provided in the
Illinois Public Aid Code, including persons eligible for

HB3133 - 29 - LRB100 08527 AWJ 18652 b
assistance under the Military Veterans Assistance Act, where
that duty is provided by law. The tax for each fiscal year
shall not be more than 0.10% of value, or more than an amount
approved at a referendum held under this Section, as equalized
or assessed by the Department of Revenue, and shall in no case
exceed the amount needed in the township for general
assistance. The board may decrease the maximum tax rate by
ordinance.
(b) Except as otherwise provided in this subsection, if the
board desires to increase the maximum tax rate, it shall order
a referendum on that proposition to be held at an election in
accordance with the general election law. The board shall
certify the proposition to the proper election officials, who
shall submit the proposition to the voters at an election in
accordance with the general election law. If a majority of the
votes cast on the proposition is in favor of the proposition,
the board may annually levy the tax at a rate not exceeding the
higher rate approved by the voters at the election. If,
however, the board has decreased the maximum tax rate under
subsection (a), then it may, at any time after the decrease,
increase the maximum tax rate, by ordinance, to a rate less
than or equal to the maximum tax rate immediately prior to the
board's ordinance to decrease the rate.
(c) Except as otherwise provided for in the Township
Modernization and Consolidation Act, if If a city, village, or
incorporated town having a population of more than 500,000 is

HB3133 - 30 - LRB100 08527 AWJ 18652 b
located within or partially within a township, then the entire
amount of the tax levied by the township for the purpose of
providing general assistance under this Section on property
lying within that city, village, or incorporated town, less the
amount allowed for collecting the tax, shall be paid over by
the treasurer of the township to the treasurer of the city,
village, or incorporated town to be appropriated and used by
the city, village, or incorporated town for the relief and
support of persons needing general assistance residing in that
portion of the city, village, or incorporated town located
within the township in accordance with the Illinois Public Aid
Code.
(d) Any taxes levied for general assistance before or after
this Section takes effect may also be used for the payment of
warrants issued against and in anticipation of those taxes and
accrued interest on those warrants and may also be used to pay
the cost of administering that assistance.
(e) In any township with a population of less than 500,000
that receives no State funding for the general assistance
program and that has not issued anticipation warrants or
otherwise borrowed monies for the administration of the general
assistance program during the township's previous 3 fiscal
years of operation, a one time transfer of monies from the
township's general assistance fund may be made to the general
township fund pursuant to action by the township board. This
transfer may occur only to the extent that the amount of monies

HB3133 - 31 - LRB100 08527 AWJ 18652 b
remaining in the general assistance fund after the transfer is
equal to the greater of (i) the amount of the township's
expenditures in the previous fiscal year for general assistance
or (ii) an amount equal to either 0.10% of the last known total
equalized value of all taxable property in the township, or
100% of the highest amount levied for general assistance
purposes in any of the three previous fiscal years. The
transfer shall be completed no later than one year after the
effective date of this amendatory Act of the 92nd General
Assembly. No township that has certified a new levy or an
increase in the levy under this Section during calendar year
2002 may transfer monies under this subsection. No action on
the transfer of monies under this subsection shall be taken by
the township board except at a township board meeting. No
monies transferred under this subsection shall be considered in
determining whether the township qualifies for State funds to
supplement local funds for public aid purposes under Section
12-21.13 of the Illinois Public Aid Code.
(e-5) The township board of Gray Township in White County
may approve by resolution or ordinance transfers of monies from
the township's general assistance fund to the general township
fund no later than one year after the effective date of this
amendatory Act of the 99th General Assembly if:
(1) the township receives no State funding for the
general assistance program;
(2) the township has not issued anticipation warrants

HB3133 - 32 - LRB100 08527 AWJ 18652 b
or otherwise borrowed monies for the administration of the
general assistance program during the township's previous
3 fiscal years of operation;
(3) the amount of monies remaining in the general
assistance fund after the transfer is equal to the greater
of (i) the amount of the township's expenditures in the
previous fiscal year for general assistance or (ii) an
amount equal to either 0.10% of the last known total
equalized value of all taxable property in the township, or
100% of the highest amount levied for general assistance
purposes in any of the three previous fiscal years; and
(4) the township that has not certified a new levy or
an increase in the levy under this Section during calendar
year 2015.
No monies transferred under this subsection shall be considered
in determining whether the township qualifies for State funds
to supplement local funds for public aid purposes under Section
12-21.13 of the Illinois Public Aid Code.
(Source: P.A. 99-248, eff. 1-1-16.)
(60 ILCS 1/78-5 rep.)
Section 130. The Township Code is amended by repealing
Section 78-5.
HB3133 - 33 - LRB100 08527 AWJ 18652 b
INDEX
Statutes amended in order of appearance