HB5802 101ST GENERAL ASSEMBLY

LRB101 21617 AWJ 72561 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5802

Introduced 11/10/2020, by Rep. Anthony DeLuca

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-1-1.5 new

Amends the Illinois Municipal Code. Provides that if the corporate authorities of a municipality wish to consider defunding the municipal police department through revising or eliminating its current budget or appropriation ordinance, stopping appropriations in current or future budgets, or ending or significantly reducing a tax or taxes that support the police department, the corporate authorities of the municipality must conduct no less than 2 public hearings prior to taking any such formal action, the sole purpose of which shall be to discuss the decision to defund the police department and to receive input from the community. Includes notice requirements. Excludes municipalities that have contracted for police protection through another unit of local government or other law enforcement agency. Limits home rule powers. Effective immediately.

HOME RULE NOTE ACT MAY APPLY

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 5. The Illinois Municipal Code is amended by adding Section 11-1-1.5 as follows:

(65 ILCS 5/11-1-1.5 new)

Sec. 11-1-1.5. Defunding a police department; public hearings

(a) If the corporate authorities of a municipality wish to consider defunding the municipal police department through revising or eliminating its current budget or appropriation ordinance, stopping appropriations in current or future budgets, or ending or significantly reducing a tax or taxes that support the police department, the corporate authorities of the municipality must conduct no less than 2 public hearings prior to taking any such formal action, the sole purpose of which shall be to discuss the decision to defund the police department and to receive input from the community.

(b) The notice of each public hearing shall set forth the time, date, place, and description stating that the hearing is to discuss defunding the municipal police department and must be provided at least 10 days prior to the hearing by publication on the municipality's website.

(c) This Section does not apply if the municipality has contracted for police protection through another unit of local government or other law enforcement agency.

(d) A home rule municipality may not defund a police department in a manner inconsistent with this Section. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule units of powers and functions exercised by the State.

Section 99. Effective date. This Act takes effect upon becoming law.