HB5777 EngrossedLRB100 19717 AWJ 34991 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
5changing the heading of Division 2 of Article 7 and Section
67-2-1 as follows:
7    (65 ILCS 5/Art. 7 Div. 2 heading)

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
12municipalities wholly or substantially situated in a single
13county may be united into one incorporated city or village as
14follows: by a compliance with Sections 7-1-16 and 7-1-17, with
15the following exceptions:
16    (1) If the municipalities are situated in the same county,
17a petition asking that the question of union of contiguous
18municipalities be submitted to the electors of each
19municipality shall be presented to the election authority for
20the county in which the municipalities are situated.
21    If the municipalities are situated in 2 or more counties, a
22petition asking that the question of union of contiguous



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1municipalities be submitted to the electors of each
2municipality shall be presented to the election authority in
3the county in which the largest municipality (by population) is
4situated and, if the largest municipality is situated in 2 or
5more counties, in the county in which the largest
6municipality's municipal hall is located, and a copy of the
7petition shall be presented to all other election authorities
8in all other counties referencing where the petition has been
10    The petition (a) shall be signed by not less than 10% of
11the total number of electors of each of the municipalities
12sought to be united who voted at the last preceding election or
13250 such electors, whichever number is smaller, seeking a
14union, (b) shall state the name by which the united
15municipality is to be known, and (c) shall state the form of
16municipal government under which the united municipality is to
17be governed.
18    (2) The question shall be in substantially the following
21    Shall the city, village, or
22incorporated  town  (as  the
23case may be) of............
24and the city, village, or
25incorporated town (as the case        YES
26may be) of..........., (and



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1in  this  manner  as  far as
2necessary, filling blanks with
3the names of the municipalities
4to be united), be united           --------------------------
5into a  single  municipality
6under the name of..........
7with the........... form of
8municipal government (filling
9the  blank  with  the  word           NO
10"City", "Aldermanic" or
11"Commission", "Strong Mayor",
12"Village", or the words
13"Managerial With Aldermen
14Chosen From Wards Or Districts"
15as the case may be)?
17    No other proposition shall appear thereon.
18    Subsection (a) of Section 28-2 of the Election Code applies
19to petitions for the union of contiguous municipalities. A
20union is not considered the creation or formation of a new
21political subdivision for purposes of Section 28 of the
22Election Code, and a petition for the union of contiguous
23municipalities is not subject to subsection (b) or (g) of
24Section 28-2 of the Election Code. The county election
25authority shall certify the question of the union to be
26submitted to the electors of each municipality at an election



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1to be held in each municipality in accordance with general
2election law. Any objection to a petition to unite contiguous
3municipalities shall be made pursuant to Sections 10-8, 10-9,
410-10, and 10-10.1 of the Election Code.
5    Any elected official, member, employee, or contractor of a
6city or village subject to a petition to unite shall be
7expressly prohibited from using any governmental or public
8resources in opposing or supporting the petition.
9    If the majority of the votes cast in each of the contiguous
10municipalities each municipality specified in the petition is
11in favor of the proposition, then those contiguous the
12municipalities are united. Any combination of cities and
13villages may unite into a city, and if multiple villages unite,
14they may unite into a single village or city as specified in
15the petition.
16    (3) If a majority of persons voting on the question vote
17against the proposition, no further propositions shall be had
18on the question for at least 22 months from the date of the
19election in which a majority of persons voted against the
20proposition. However, if a majority of persons voting on the
21question in 2 or more, but less than all, municipalities in the
22election vote in favor of the proposition, the 22-month
23prohibition does not apply to those municipalities in which a
24majority of persons voted in favor of the proposition.
25(Source: P.A. 87-278.)