Bill Text: IL HB4425 | 2013-2014 | 98th General Assembly | Amended

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Bill Title: Amends the Township Code. Provides that a township that: (1) is within a coterminous, or substantially coterminous, village; (2) is located within a county with a population of 3 million or more; and (3) contains a territory of more than 2 and less than 3 square miles shall be eligible to discontinue and abolish a township organization within a coterminous municipality. Amends the Public Health District Act. Provides that the coterminous municipality that assumes the rights, powers, duties, and obligations of a discontinued coterminous township shall have the municipality's Council members or corporate authorities serve as the board of health for the public health district under the Act.

Spectrum: Moderate Partisan Bill (Democrat 25-6)

Status: (Failed) 2014-12-03 - Session Sine Die [HB4425 Detail]

Download: Illinois-2013-HB4425-Amended.html

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Rep. Emanuel Chris Welch

Filed: 3/20/2014

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AMENDMENT TO HOUSE BILL 4425
AMENDMENT NO. ______. Amend House Bill 4425 by replacing
everything after the enacting clause with the following:
"Section 5. The Township Code is amended by changing
Sections 27-5, 27-10, 27-15, 27-20, and 27-25 and by adding
Section 27-10.5 as follows:
(60 ILCS 1/27-5)
Sec. 27-5. Applicability. This Article shall apply only to:
(a) 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 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; or .
(b) a township that (1) is within a coterminous, or

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substantially coterminous, village; (2) is located within a
county with a population of 3 million or more; and (3) contains
a territory of more than 2 and less than 3 square miles.
(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 adopted by the city
council of a township described under Section 27-5(a) of this
Article, or upon petition of at least 10% of the registered
voters of that township, the 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
circulated, (ii) indicating the first and last date on which
that sheet was circulated, or (iii) certifying that none of the

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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; revised 10-8-13.)
(60 ILCS 1/27-10.5 new)
Sec. 27-10.5. Referendum to discontinue and abolish a
township organization within a coterminous village. Upon
resolution by the board of trustees of a township described
under Section 27-5(b) of this Article, or upon petition of at
least 5% of the registered voters of that township, according
to the voting registration records at the time the petition is
filed, the township board of trustees 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

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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
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.
The proposition shall be in substantially the following
form:
Shall the township organization be transferred to and
performed by the [name of village]?
The votes shall be recorded as "Yes" or "No".
(60 ILCS 1/27-15)
Sec. 27-15. Cessation of township organization. As
provided in Sections 27-10 and 27-10.5, if 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

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of the township organization under Section 27-5(a) of this
Article, 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.
For a township that is discontinued and abolished under
Section 27-5(b), 180 days after the passage of the referendum
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
village, and the township shall cease and the terms of any then
serving officials, elected or appointed, shall end. On the date
of the passage of the referendum, the coterminous village shall
have access to all records, files, policies, procedures, and
financial documents of the township to aid in the transition
process.
(Source: P.A. 98-127, eff. 8-2-13.)
(60 ILCS 1/27-20)
Sec. 27-20. Township officers. Upon the effective date of
discontinuance, the coterminous municipality shall exercise
all duties and responsibilities of that township officer as
provided in the Township Code, the Illinois Public Aid Code,
Property Tax Code, and the Illinois Highway Code, as
applicable. The coterminous municipality may enter into an
intergovernmental agreement or contract with the county or the

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State to administer the duties and responsibilities of that
township officer for services under its jurisdiction.
(Source: P.A. 98-127, eff. 8-2-13.)
(60 ILCS 1/27-25)
Sec. 27-25. Business, records, and property of
discontinued township organization. The records of a township
organization discontinued under this Article shall be
deposited in the coterminous municipality's city clerk's
office. The coterminous municipality may close up all
unfinished business of the township and sell and dispose of any
of the property belonging to the township for benefit of the
inhabitants of the municipality.
(Source: P.A. 98-127, eff. 8-2-13.)
Section 10. The Public Health District Act is amended by
changing Section 25 as follows:
(70 ILCS 905/25)
Sec. 25. Discontinuance of a coterminous township. Upon
discontinuance of a coterminous township under If the office of
Township Assessor in a coterminous township is discontinued as
provided in Article 27 of the Township Code, then the
coterminous municipality's Council members or corporate
authorities shall be the board of health for the public health
district under this Act.

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(Source: P.A. 98-127, eff. 8-2-13.)".