HB3656 104TH GENERAL ASSEMBLY

LRB104 10892 RTM 20974 b

104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB3656

Introduced 2/18/2025, by Rep. Kam Buckner

SYNOPSIS AS INTRODUCED:

New Act

Creates the Municipal Home Rule Charter Act. Provides that any home rule municipality with a population over 500,000 people may adopt a charter to govern municipal affairs. Provides that a charter shall be its organic law. Provides that a charter must be consistent with the Illinois Constitution and U.S. Constitution. Provides that, unless a State law specifically applies to home rule or charter municipalities, language in charters shall be considered supreme when in conflict with a State law. Provides that a qualifying municipality may create a charter commission by a vote of two-thirds vote of the entire legislative body of the municipality. Provides that, within one year of the first organizing meeting of the commission, the commission shall prepare a charter to be approved by a majority of commissioners. Provides that, upon adoption of a charter by the charter commission, it shall go before voters at the next regular general election. Provides that, upon receiving 60% of the vote, the charter is considered adopted. Provides that, if the charter fails, then the process is dead and a municipal legislative body must pass a new ordinance for a new commission in order to adopt a charter. Provides that, if the charter commission fails to adopt a charter, then the commission shall expire.

A BILL FOR

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 Municipal Home Rule Charter Act.

Section 5. Charter.

(a) Any home rule municipality with a population over 500,000 people may adopt a charter to govern municipal affairs.

(1) A charter shall be its organic law.

(2) A charter must be consistent with the Illinois Constitution and U.S. Constitution.

(3) Unless a State law specifically applies to home rule or charter municipalities, language in charters shall be considered supreme when in conflict with a State law.

(b) A qualifying municipality may create a charter commission by a vote of two-thirds vote of the entire legislative body of the municipality.

(1) A charter commission shall have the same number of members as the legislative body of the municipality.

(2) When a charter commission is created, its members shall be elected at the next regular general election, if the ordinance creating the commission is enacted by December 31 of the year prior to a general election in which the President of the United States or the Governor is elected.

(3) Provisions for petitions, including, but not limited to, filing petitions, shall be governed by the ordinance creating the commission.

(4) Upon certification of the election, the commission is considered established and shall hold an organizing meeting within 60 days of its creation.

(5) Administrative support shall be provided by the clerk of the municipality.

(6) To be eligible to serve on the commission, a person must be a registered voter in the municipality, have resided in the municipality for at least 1 year, and be 18 years of age by the date of the election of commissioners.

(7) The salary of commission members shall be equal to the salary of the lowest earning municipal legislator and the commission shall have a budget equal to the average of the last 3 years of the total budget of the legislative department of the municipality, including, but not limited to, salaries, staff, and offices.

(8) The commission shall have the power to designate its officers and rules, other than that it must elect a chairperson. Until a chairperson is elected, the clerk of the municipality shall serve as acting chairperson. As acting chairperson, the clerk shall have no power other than to call the commission to order and govern the election of the chairperson in a manner consistent with Robert's Rules of Order Newly Revised.

(9) The commission may hire staff as necessary.

(10) Within one year of the first organizing meeting of the commission, the commission shall prepare a charter to be approved by a majority of commissioners. Upon adoption of a charter by the charter commission, it shall go before voters at the next regular general election.

(A) Upon receiving 60% of the vote, the charter is considered adopted.

(B) If the charter fails, then the process is dead and a municipal legislative body must pass a new ordinance for a new commission in order to adopt a charter.

(C) If the charter commission fails to adopt a charter, then the commission shall expire.