HB5276 102ND GENERAL ASSEMBLY

LRB102 25135 AWJ 34397 b

102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5276

Introduced 1/31/2022, by Rep. Jonathan Carroll

SYNOPSIS AS INTRODUCED:

New Act
10 ILCS 5/28-7	from Ch. 46, par. 28-7

Creates the Citizens Empowerment Act. Provides that electors may petition for a referendum at the next general election to dissolve a unit or units of local government. Sets forth the requirements for the petition, together with the form and requirements for the ballot referendum. Provides for the transfer of all real and personal property and any other assets, together with all personnel, contractual obligations, and liabilities of the dissolving unit or units of local government to the receiving unit or units of local government. Amends the Election Code to provide exceptions for the Citizens Empowerment Act. Effective immediately.

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 Citizens Empowerment Act.

Section 5. Scope. The method of dissolution of a unit of local government under this Act shall be in addition to any other method of dissolving a unit of local government provided by law or otherwise.

Section 10. Definitions. As used in this Act:

"Dissolving unit of local government" means a unit of local government proposed to be dissolved by referendum under this Act.

"Electors" means the registered voters of a dissolving unit of local government and the registered voters of the receiving unit of local government.

"Receiving unit of local government" means a unit of local government receiving the rights, duties, and liabilities of a dissolving unit of local government.

Section 15. Petition requirements; notice.

(a) Subject to the petition requirements of Section 28-3 of the Election Code, petitions for a referendum to dissolve one or more units of local government must be filed both with the governing board of each dissolving unit of local government and the governing board of each receiving unit of local government not less than 122 days prior to a general election. Petitions must include:

(1) the dissolving unit or units of local government;

(2) the receiving unit or units of local government;

(3) the date of dissolution;

(4) signatures of a number of electors equal to or greater than 5% of the total votes cast from each dissolving unit of local government in the preceding general election; and

(5) an affidavit of publication attesting that notice of the petition to dissolve a unit of local government was published in a newspaper of general circulation within the territory of each dissolving unit of local government and each receiving unit of local government at least 122 days and no more than 152 days prior to the general election at which the referendum is to be voted upon.

All signatures gathered under paragraph (4) of this subsection must be signed within 365 days prior to the filing of a petition. A unit of local government may by ordinance or resolution limit the time in which signatures must be signed to less than 365 days prior to the filing of the petition but no less than 180 days before the filing of a petition. If any of the dissolving units of local government or receiving units of local government have such an ordinance or resolution, the petition shall not be placed on the ballot if any signatures do not meet the requirements of any ordinance or resolution.

(b) The proposed date of dissolution shall be at least 90 days after the date of the election at which the referendum is to be voted upon.

(c) The parties filing a petition under this Section shall give notice in substantially the following form to each dissolving and receiving unit of local government:

NOTICE OF PETITION TO DISSOLVE (dissolving unit of local government).

Residents of (dissolving unit or units of local government) and (receiving unit of local government) are notified that a petition will be filed with (dissolving unit or units of local government) and (receiving unit of local government) requesting a referendum to dissolve (dissolving unit or units of local government) on (date of dissolution) with all real and personal property, and any other assets, together with all personnel, contractual obligations, and liabilities being transferred to (receiving unit of local government).

Section 20. Resolution or ordinance of county board or governing board of another unit of local government. Subject to the requirements of Section 28-2 of the Election Code, any resolution or ordinance for a referendum to dissolve any unit or units of local government passed by both the governing board or boards of the dissolving unit or units of local government and the governing board of the receiving unit or units of local government, or, in the case where both dissolving unit or units of local government and receiving unit or units of local government reside in a single county, any county board resolution or ordinance for a referendum to dissolve any unit or units of local government within that county, must include:

(1) The dissolving unit or units of local government;

(2) The receiving unit or units of local government;

(3) The date of dissolution;

Section 25. Ballot placement. A petition that meets the requirements of Section 15 shall be placed on the ballot in the form provided for in Section 30 at the general election next following. Failure to publish the required notice of petition shall render the petition, and the results of any referendum held on the petition, null and void.

Section 30. Referendum; voting.

(a) Subject to the requirements of Section 16-7 of the Election Code, the referendum described in Section 25 shall be in substantially the following form on the ballot in each dissolving unit of local government and receiving unit of local government:

--------------------------------------------

Shall the (dissolving unit or units of local government) be dissolved on (date of dissolution) YES with all of its property, assets, personnel, obligations, and -------------------------

liabilities being transferred to (receiving unit of local government)? NO -------------------------------------------------------------

(b) The referendum is approved when:

(1) three-fifths of those voting on the amendment or a majority of those voting in the election from each dissolving unit of local government approve the referendum; and

(2) three-fifths of those voting on the amendment or a majority of those voting in the election from electors of the receiving unit of local government approve the referendum.

Section 35. Dissolution; transfer of rights and duties. When the dissolution of a unit of local government has been approved under Section 30:

(a) On or before the date of dissolution, all real and personal property, and any other assets, together with all personnel, contractual obligations, and liabilities of each dissolving unit of local government shall be transferred to the receiving unit of local government.

(b) On the date of dissolution, each dissolving unit of local government is dissolved.

(c) On and after the date of dissolution, all rights and duties of each dissolved unit of local government, including, but not limited to, the authority to tax (if any), may be exercised by the governing board of the receiving unit of local government.

Section 50. The Election Code is amended by changing Section 28-7 as follows:

(10 ILCS 5/28-7) (from Ch. 46, par. 28-7)

Sec. 28-7. Except as provided in Article 24 of the Township Code and the Citizens Empowerment Act, in any case in which Article VII or paragraph (a) of Section 5 of the Transition Schedule of the Constitution authorizes any action to be taken by or with respect to any unit of local government, as defined in Section 1 of Article VII of the Constitution, by or subject to approval by referendum, any such public question shall be initiated in accordance with this Section.

Any such public question may be initiated by the governing body of the unit of local government by resolution or by the filing with the clerk or secretary of the governmental unit of a petition signed by a number of qualified electors equal to or greater than at least 8% of the total votes cast for candidates for Governor in the preceding gubernatorial election, requesting the submission of the proposal for such action to the voters of the governmental unit at a regular election.

If the action to be taken requires a referendum involving 2 or more units of local government, the proposal shall be submitted to the voters of such governmental units by the election authorities with jurisdiction over the territory of the governmental units. Such multi-unit proposals may be initiated by appropriate resolutions by the respective governing bodies or by petitions of the voters of the several governmental units filed with the respective clerks or secretaries.

This Section is intended to provide a method of submission to referendum in all cases of proposals for actions which are authorized by Article VII of the Constitution by or subject to approval by referendum and supersedes any conflicting statutory provisions except those contained in Division 2-5 of the Counties Code, or Article 24 of the Township Code, or the Citizens Empowerment Act.

Referenda provided for in this Section may not be held more than once in any 23-month period on the same proposition, provided that in any municipality a referendum to elect not to be a home rule unit may be held only once within any 47-month period.

(Source: P.A. 100-863, eff. 8-14-18; 101-230, eff. 8-9-19.)

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