Bill Text: IL SB2018 | 2019-2020 | 101st General Assembly | Introduced

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Bill Title: Amends the Township Code. Adds an Article that allows for discontinuance of Capital Township in Sangamon County. Provides petition and referendum requirements to discontinue the township. Provides that if the referendum for discontinuance is approved, the township is discontinued on the third Monday in May in the year of the consolidated election in which the township officials are elected next following the approval of the referendum. Provides for the transfer to Sangamon County of powers, duties, records, and property of the discontinued township. Makes conforming changes in the Property Tax Code and the Illinois Public Aid Code. Effective immediately.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2021-01-13 - Session Sine Die [SB2018 Detail]

Download: Illinois-2019-SB2018-Introduced.html

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101ST GENERAL ASSEMBLY State of Illinois 2019 and 2020 SB2018 Introduced 2/15/2019, by Sen. William E. Brady SYNOPSIS AS INTRODUCED:
35 ILCS 200/3-70
60 ILCS 1/Art. 26 heading new
60 ILCS 1/26-5 new
60 ILCS 1/26-10 new
60 ILCS 1/26-15 new
60 ILCS 1/26-20 new
60 ILCS 1/26-25 new
60 ILCS 1/26-30 new
60 ILCS 1/26-35 new
305 ILCS 5/12-3.1
Amends the Township Code. Adds an Article that allows for discontinuance of Capital Township in Sangamon County. Provides petition and referendum requirements to discontinue the township. Provides that if the referendum for discontinuance is approved, the township is discontinued on the third Monday in May in the year of the consolidated election in which the township officials are elected next following the approval of the referendum. Provides for the transfer to Sangamon County of powers, duties, records, and property of the discontinued township. Makes conforming changes in the Property Tax Code and the Illinois Public Aid Code. Effective immediately.
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FISCAL NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Section 3-70 as follows:
(35 ILCS 200/3-70)
Sec. 3-70. Cessation of Township Assessor. 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. If the office of Township
Assessor in Capital Township ceases as provided in Article 26
of the Township Code, then the Sangamon County Clerk shall
assume the duties of the Township Assessor under this Code as
provided in Section 90-10 of the Township Code.
(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)
Section 10. The Township Code is amended by adding the
Article 26 as follows:
(60 ILCS 1/Art. 26 heading new)
ARTICLE 26. DISCONTINUANCE OF CAPITAL TOWNSHIP

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(60 ILCS 1/26-5 new)
Sec. 26-5. Applicability; references. This Article applies
only to Capital Township in Sangamon County. References to
"county", "county board", or a county official are references
to Sangamon County and its officials.
(60 ILCS 1/26-10 new)
Sec. 26-10. Resolutions or petition and referendum for
discontinuance of township. Upon the adoption of resolutions by
the township board of trustees and the county board, or upon
petition of at least 10% of the registered voters of the
township, the township board of trustees shall certify to the
election authority and the authority shall cause to be
submitted to the voters of the township at the next election a
referendum to discontinue the township and to transfer all the
rights, powers, duties, assets, property, liabilities,
obligations, and responsibilities of the township to the
county.
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 referendum shall be in substantially the following
form:
"Shall Capital Township be discontinued and all the rights
and responsibilities of Capital Township transfer to Sangamon
County?"
The votes shall be recorded as "Yes" or "No".
The referendum is approved when a majority of the voters in
the township approve the referendum.
If the referendum is approved there shall be no further
nominations or elections for trustees of the township, and the
terms of all such trustees currently serving shall continue
until the third Monday of May of the year of the consolidated
election in which township officials are elected next following
the approval of a referendum under this Section.
(60 ILCS 1/26-15 new)
Sec. 26-15. Notice.
(a) Before passing resolutions under Section 26-10 or after
receipt of a petition signed under Section 26-10, the township
board and the county board shall hold public hearings on those

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matters after notice of the hearing has been published on the
main page of the township and county websites, if any, and in a
newspaper having general circulation in the township and
county. The notice shall be published at least 30 days before
the date of the hearing.
(b) Before a referendum is placed on the ballot under
Section 26-10, the township board shall publish a copy of the
resolution adopted under Section 26-10 on the main page of the
township and county websites, if any, and in a newspaper of
general circulation in the township and county affected. The
notice shall be published at least 30 days before the date of
the election in which the referendum will appear.
The township board shall additionally mail a copy of the
adopted resolutions or petition, along with a copy of the
referendum language, the date the referendum will appear, and a
list of all taxes levied in the township to every registered
voter in the township. The notice shall be mailed at least 30
days before the date of the election in which the referendum
will appear.
(60 ILCS 1/26-20 new)
Sec. 26-20. Discontinuance of township. On the third Monday
in May in the year of the consolidated election in which
township officials are elected next following the approval of a
referendum under Section 26-10:
(1) the township is discontinued and all the rights,

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powers, duties, assets, property, liabilities,
obligations, and responsibilities of the township shall
vest in and be assumed by the county, including the
authority to levy property taxes for township purposes in
the same manner as the discontinued township, for the
benefit of the inhabitants of the discontinued township,
without an additional ordinance, resolution, or
referendum;
(2) all township officers shall cease to hold office
and the county clerk and county treasurer shall serve as
township officers in the manner provided in Section 90-10;
and
(3) the county shall exercise all duties and
responsibilities of the township officers as provided in
the Township Code, the Illinois Public Aid Code, the
Property Tax Code, and the Illinois Highway Code, as
applicable.
(60 ILCS 1/26-25 new)
Sec. 26-25. Business, records, and property of
discontinued township. The records of a township discontinued
under this Article shall be deposited in the county clerk's
office. The county 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
discontinued township.

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(60 ILCS 1/26-30 new)
Sec. 26-30. Taxation. Notwithstanding any provision of law
to the contrary, no tax rate may be extended for any fund of
the township for the first levy year following the referendum
approving discontinuance under Section 26-10 that exceeds any
statutory maximum set forth for that fund, unless the
referendum also conforms to the requirements of the Property
Tax Extension Limitation Law or other statutory provision
setting forth that limitation.
(60 ILCS 1/26-35 new)
Sec. 26-35. Contracts; tax levies.
(a) The township, or any township official, division, or
commission, may not enter into, renew, or extend a contract
beyond the date of discontinuance of the township.
(b) The township, or any township official, division, or
commission, may not enter into, renew, or extend a contract,
bond, or other expenditure that would increase the indebtedness
of the township to an amount greater than the amount of
indebtedness on the date the referendum passed under Section
26-10.
(c) The township may not enact any additional tax levies on
or after the date the referendum passed under Section 26-10.
(d) Notwithstanding subsections (a), (b), and (c), the
township board may approve contracts and expenses for emergency

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purposes to protect life, health, or safety of its residents.
Section 15. The Illinois Public Aid Code is amended by
changing Section 12-3.1 as follows:
(305 ILCS 5/12-3.1)
Sec. 12-3.1. Discontinuance of a coterminous township.
Upon discontinuance of a coterminous township under Articles 27
and 28 of the Township Code, the coterminous municipality shall
provide funds for and administer the public aid program
provided for under Article VI of this Code. Upon discontinuance
of Capital Township under Article 26 of the Township Code,
Sangamon County shall provide funds for and administer the
public aid program provided for under Article VI of this Code
for the benefit of the inhabitants of the discontinued
township.
(Source: P.A. 98-127, eff. 8-2-13; 99-474, eff. 8-27-15.)