HB5777 100TH GENERAL ASSEMBLY

LRB100 19717 AWJ 34991 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5777

Introduced , by Rep. Sam Yingling

SYNOPSIS AS INTRODUCED:

65 ILCS 5/Art. 7 Div. 2 heading
65 ILCS 5/7-2-1	from Ch. 24, par. 7-2-1

Amends the Union of Contiguous Municipalities Division of the Illinois Municipal Code. Adds "consolidation" to the title of the Division. Provides that any 2 or more incorporated contiguous municipalities may be united into one incorporated city or village (rather than only cities) upon the presentation of a petition, signed by the lesser of 10% of the total number of electors of each municipality voting in the last election or 250 electors, to the election authority for the county in which the municipalities are situated or, if the municipalities are situated in 2 or more counties, in the county where the largest population of the subject municipalities resides. Removes provisions limiting union to municipalities wholly or substantially situation in a single county. Removes provisions requiring union by annexation by another city. Modifies the referendum question to approve the union. Provides that a union is not considered the creation or formation of a new political subdivision for purposes of the Election Code and makes other references to the Election Code. Provides that any elected official, member, employee, or contractor of a city or village subject to a petition to unite shall be expressly prohibited from using any governmental or public resources in opposing or supporting the petition. Provides that if the majority of the votes cast in any of the contiguous municipalities (rather than each municipality) in the petition is in favor of the proposition, then those contiguous municipalities are united. Makes other changes.

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 changing the heading of Division 2 of Article 7 and Section 7-2-1 as follows:

(65 ILCS 5/Art. 7 Div. 2 heading)

DIVISION 2. UNION AND CONSOLIDATION OF CONTIGUOUS

MUNICIPALITIES

(65 ILCS 5/7-2-1) (from Ch. 24, par. 7-2-1)

Sec. 7-2-1. Any 2 or more incorporated contiguous municipalities wholly or substantially situated in a single county may be united into one incorporated city or village as follows: by a compliance with Sections 7-1-16 and 7-1-17, with the following exceptions:

(1) A petition shall be presented to the election authority for the county in which the municipalities are situated, or, if the municipalities are situated in 2 or more counties, in the county where the largest population of the subject municipalities resides, asking that the question of union of contiguous municipalities be submitted to the electors of each municipality. The petition (a) shall be signed by not less than 10% of the total number of electors of each of the municipalities sought to be united who voted at the last preceding election or 250 such electors, whichever number is smaller, seeking a union, (b) shall state the name by which the united municipality is to be known, and (c) shall state the form of municipal government under which the united municipality is to be governed.

(2) The question shall be in substantially the following form:

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Shall the city, village, or incorporated town (as the case may be) of............ and the city, village, or incorporated town (as the case YES may be) of..........., (and in this manner as far as necessary, filling blanks with the names of the municipalities to be united), be united --------------------------

into a single municipality under the name of.......... with the........... form of municipal government (filling the blank with the word NO "Commission" "Aldermanic" or "Strong Mayor" "Commission" or the words "Managerial With Aldermen Chosen From Wards Or Districts" as the case may be)?

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No other proposition shall appear thereon.

Subsection (a) of Section 28-2 of the Election Code applies to petitions for the union of contiguous municipalities. A union is not considered the creation or formation of a new political subdivision for purposes of Section 28 of the Election Code, and a petition for the union of contiguous municipalities is not subject to subsection (b) or (g) of Section 28-2 of the Election Code. The county election authority shall certify the question of the union to be submitted to the electors of each municipality at an election to be held in each municipality in accordance with general election law. Any objection to a petition to unite contiguous municipalities shall be made pursuant to Sections 10-8, 10-9, 10-10, and 10-10.1 of the Election Code.

Any elected official, member, employee, or contractor of a city or village subject to a petition to unite shall be expressly prohibited from using any governmental or public resources in opposing or supporting the petition.

If the majority of the votes cast in any of the contiguous municipalities each municipality specified in the petition is in favor of the proposition, then those contiguous the municipalities are united. Any combination of cities and villages may unite into a city, and if multiple villages unite, they may unite into a single village or city as specified in the petition.

(Source: P.A. 87-278.)