101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5612

 

Introduced , by Rep. Lawrence Walsh, Jr.

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/7-1-5.4 new

    Amends the Illinois Municipal Code. Provides that, in any annexing municipality located within 5 miles of the Midewin National Tallgrass Prairie and the Abraham Lincoln National Cemetery that, on or after April 1, 2018, has approved an ordinance, resolution, or vote authorizing the annexation of contiguous territory of over 100 acres for a private development, the annexation is subject to a backdoor referendum upon the filing of a petition for a referendum. Provides petition and referendum requirements. Provides that, if the voters do not approve the annexation of the territory, the municipality may not attempt to annex the territory for a period of no less than 2 years from the date it approved the ordinance, resolution, or vote authorizing the annexation of the territory. Repeals the provisions on January 1, 2025. Effective immediately.


LRB101 18201 AWJ 67643 b

 

 

A BILL FOR

 

HB5612LRB101 18201 AWJ 67643 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Illinois Municipal Code is amended by adding
5Section 7-1-5.4 as follows:
 
6    (65 ILCS 5/7-1-5.4 new)
7    Sec. 7-1-5.4. Backdoor referendum in certain annexing
8municipalities.
9    (a) Notwithstanding any other provision of law, in any
10annexing municipality located within 5 miles of the Midewin
11National Tallgrass Prairie and the Abraham Lincoln National
12Cemetery that, on or after April 1, 2018, has approved an
13ordinance, resolution, or vote authorizing the annexation of
14contiguous territory of over 100 acres for a private
15development, the annexation is subject to a backdoor referendum
16upon the filing of a petition for a referendum meeting the
17requirements of this Section.
18    (b) A referendum under this Section shall be submitted to
19the eligible voters residing in a municipality within 5 miles
20of the Midewin National Tallgrass Prairie and the Abraham
21Lincoln National Cemetery that has approved an ordinance,
22resolution, or vote authorizing the annexation of contiguous
23territory of over 100 acres for private development on the

 

 

HB5612- 2 -LRB101 18201 AWJ 67643 b

1question of whether the municipality's annexation of that
2territory shall occur.
3    (c) Petitions under this Section must contain a total
4number of signatures equal in number to at least 50% of the
5entire vote cast for all candidates for mayor or president of
6the annexing municipality at the last preceding general
7municipal election. Petitions shall be filed with the clerk or
8secretary of the municipality no later than 30 days following
9the municipality's approval of the ordinance, resolution, or
10vote authorizing the annexation of contiguous territory and
11shall meet the requirements of Section 28-3 of the Election
12Code.
13    (d) Upon the filing of a petition meeting the requirements
14of subsection (c), the municipality shall not complete the
15annexation approved in its ordinance, resolution, or vote until
16after a referendum is held. The referendum shall be held at the
17general election or municipal election, whichever occurs
18first, next following the filing of a petition, provided that
19the municipal election is no less than 90 days following the
20date of filing.
21    (e) Subject to the requirements of Section 16-7 of the
22Election Code, the referendum shall be in substantially the
23following form:
24    Shall (municipality) annex (area being annexed)?
25    Votes must be recorded as "yes" or "no".
26    (f) The referendum is approved and annexation may continue

 

 

HB5612- 3 -LRB101 18201 AWJ 67643 b

1when a majority of voters residing in the municipality approve
2the referendum. If a majority of the voters residing in the
3municipality vote against the referendum, the municipality may
4not attempt to annex the territory for a period of no less than
52 years from the date it approved the ordinance, resolution, or
6vote authorizing the annexation of the territory.
7    (g) This Section is repealed on January 1, 2025.
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.