Full Text of HB5777 100th General Assembly
HB5777ham001 100TH GENERAL ASSEMBLY | Rep. Sam Yingling Filed: 4/26/2018
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| 1 | | AMENDMENT TO HOUSE BILL 5777
| 2 | | AMENDMENT NO. ______. Amend House Bill 5777 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Municipal Code is amended by | 5 | | changing the heading of Division 2 of Article 7 and Section | 6 | | 7-2-1 as follows: | 7 | | (65 ILCS 5/Art. 7 Div. 2 heading) | 8 | | DIVISION 2. UNION AND CONSOLIDATION OF CONTIGUOUS
| 9 | | MUNICIPALITIES
| 10 | | (65 ILCS 5/7-2-1) (from Ch. 24, par. 7-2-1)
| 11 | | Sec. 7-2-1.
Any 2 or more incorporated contiguous | 12 | | municipalities
wholly or substantially situated in a single | 13 | | county may be united into
one incorporated city or village as | 14 | | follows: by a compliance with Sections 7-1-16 and 7-1-17, with
| 15 | | the following exceptions:
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| 1 | | (1) If the municipalities are situated in the same county, | 2 | | a petition asking that the question of union of contiguous | 3 | | municipalities be submitted to the electors of each | 4 | | municipality shall be presented to the election authority for | 5 | | the county in which the municipalities are situated. | 6 | | If the municipalities are situated in 2 or more counties, a | 7 | | petition asking that the question of union of contiguous | 8 | | municipalities be submitted to the electors of each | 9 | | municipality shall be presented to the election authority in | 10 | | the county in which the largest municipality (by population) is | 11 | | situated and, if the largest municipality is situated in 2 or | 12 | | more counties, in the county in which the largest | 13 | | municipality's municipal hall is located, and a copy of the | 14 | | petition shall be presented to all other election authorities | 15 | | in all other counties referencing where the petition has been | 16 | | filed. | 17 | | The petition (a) shall be signed by not less than 10% of | 18 | | the total number of electors of each of the
municipalities | 19 | | sought to be united who voted at the last preceding election or | 20 | | 250 such electors, whichever number is smaller, seeking a | 21 | | union, (b) shall state the name by which the
united | 22 | | municipality is to be known, and (c) shall state the form of
| 23 | | municipal government under which the united municipality is to | 24 | | be
governed.
| 25 | | (2) The question shall be in substantially the following | 26 | | form:
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| 1 | | -------------------------------------------------------------
| 2 | | Shall the city, village, or
| 3 | | incorporated town (as the
| 4 | | case may be) of............
| 5 | | and the city, village, or
| 6 | | incorporated town (as the case YES
| 7 | | may be) of..........., (and
| 8 | | in this manner as far as
| 9 | | necessary, filling blanks with
| 10 | | the names of the municipalities
| 11 | | to be united), be united --------------------------
| 12 | | into a single municipality
| 13 | | under the name of..........
| 14 | | with the........... form of
| 15 | | municipal government (filling
| 16 | | the blank with the word NO
| 17 | | "City", "Aldermanic" or
| 18 | | "Commission" , "Strong Mayor",
| 19 | | "Village", or the words
| 20 | | "Managerial With Aldermen
| 21 | | Chosen From Wards Or Districts"
| 22 | | as the case may be)?
| 23 | | -------------------------------------------------------------
| 24 | | No other proposition shall appear thereon.
| 25 | | Subsection (a) of Section 28-2 of the Election Code applies | 26 | | to petitions for the union of contiguous municipalities. A |
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| 1 | | union is not considered the creation or formation of a new | 2 | | political subdivision for purposes of Section 28 of the | 3 | | Election Code, and a petition for the union of contiguous | 4 | | municipalities is not subject to subsection (b) or (g) of | 5 | | Section 28-2 of the Election Code. The county election | 6 | | authority shall certify the question of the union to be | 7 | | submitted to the electors of each municipality at an election | 8 | | to be held in each municipality in accordance with general | 9 | | election law. Any objection to a petition to unite contiguous | 10 | | municipalities shall be made pursuant to Sections 10-8, 10-9, | 11 | | 10-10, and 10-10.1 of the Election Code. | 12 | | Any elected official, member, employee, or contractor of a | 13 | | city or village subject to a petition to unite shall be | 14 | | expressly prohibited from using any governmental or public | 15 | | resources in opposing or supporting the petition. | 16 | | If the majority of the votes cast in each of the contiguous | 17 | | municipalities each municipality specified in
the petition is | 18 | | in favor of the proposition, then those contiguous the | 19 | | municipalities are
united. Any combination of cities and | 20 | | villages may unite into a city, and if multiple villages unite, | 21 | | they may unite into a single village or city as specified in | 22 | | the petition.
| 23 | | (3) If a majority of persons voting on the question vote | 24 | | against the proposition, no further propositions shall be had | 25 | | on the question for at least 22 months from the date of the | 26 | | election in which a majority of persons voted against the |
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| 1 | | proposition. However, if a majority of persons voting on the | 2 | | question in 2 or more, but less than all, municipalities in the | 3 | | election vote in favor of the proposition, the 22-month | 4 | | prohibition does not apply to those municipalities in which a | 5 | | majority of persons voted in favor of the proposition. | 6 | | (Source: P.A. 87-278 .)".
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