100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5801

 

Introduced , by Rep. Mark Batinick

 

SYNOPSIS AS INTRODUCED:
 
New Act
10 ILCS 5/28-7  from Ch. 46, par. 28-7

    Creates the Citizens Empowerment Act. Provides that registered voters may petition for a referendum at the next general election to dissolve a unit of local government. Sets forth requirements for the petition, the ballot referendum, and the public hearing. Provides for the transfer of property, assets, obligations, and liabilities of the dissolving unit of local government to the receiving unit of local government. Limits when a special district may dissolve into another unit of local government. Defines terms. Amends the Election Code making conforming changes.


LRB100 19065 AWJ 34321 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5801LRB100 19065 AWJ 34321 b

1    AN ACT concerning empowering citizens and revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Citizens Empowerment Act.
 
6    Section 5. Scope. The method of dissolution of a unit of
7local government under this Act shall be in addition to any
8other method of dissolving a unit of local government provided
9by law or otherwise.
 
10    Section 10. Definitions. As used in this Act:
11    "Dissolving unit of local government" means the unit of
12local government proposed to be dissolved by referendum under
13this Act.
14    "Receiving unit of local government" means the unit of
15local government receiving the rights, duties, and liabilities
16of the unit of local government proposed be dissolved by
17referendum under this Act.
18    "Special district" means any political subdivision other
19than a county, municipality, or township.
20    "Unit of local government" has the same meaning as found in
21Section 1 of Article VII of the Illinois Constitution.
 

 

 

HB5801- 2 -LRB100 19065 AWJ 34321 b

1    Section 15. Petition requirements; notice.
2    (a) Subject to the petition requirements of Section 28-3 of
3the Election Code and the dissolution limitations of Section
435, petitions for a referendum to dissolve any unit of local
5government must be filed both with the governing board of the
6dissolving unit of local governmental and the governing board
7of the receiving unit of local government not less than 122
8days prior to a general election. Petitions must include:
9        (1) the dissolving unit of local government;
10        (2) the receiving unit of local government;
11        (3) the date of dissolution;
12        (4) signatures of a number of registered voters equal
13    to or greater than 5% of the total ballots cast in the
14    preceding general election of both the dissolving and
15    receiving unit, except that if the proposed new
16    consolidated unit has overlapping territory of both the
17    dissolving and receiving unit, the signatures obtained
18    from the overlapping territory count towards the 5%
19    requirement for both entities; and
20        (5) an affidavit of publication, attesting that notice
21    of the petition to dissolve a local unit of government was
22    published in a newspaper of general circulation within the
23    territory of the dissolving unit of local government and
24    the receiving unit of local government at least 122 days
25    and no more than 152 days prior to the general election at
26    which the referendum is to be voted upon.

 

 

HB5801- 3 -LRB100 19065 AWJ 34321 b

1    All signatures gathered under paragraph (4) of this
2subsection (a) must be signed within 365 days prior to the
3filing of a petition. A unit of local government may, by
4ordinance or resolution, limit the time in which signatures
5must be signed to less than 365 days prior to the filing of the
6petition but no less than 180 days before the filing of a
7petition. If either the dissolving unit of local government or
8receiving unit of local government has such an ordinance or
9resolution, the petition shall not be placed on the ballot if
10any signatures do not meet the requirements of any ordinance or
11resolution.
12    (b) The proposed date of dissolution shall be at least 90
13days after the date of the election at which the referendum is
14to be voted upon.
15    (c) The parties filing a petition under this Section shall
16give notice in substantially the following form:
 
17    NOTICE OF PETITION TO DISSOLVE (dissolving unit of local
18    government).
19    Residents of (dissolving unit of local government) and
20    (receiving unit of local government) are notified that a
21    petition will be filed with (dissolving unit of local
22    government) and (receiving unit of local government)
23    requesting a referendum to dissolve (dissolving unit of
24    local government) on (date of dissolution) with all real
25    and personal property, and any other assets, together with

 

 

HB5801- 4 -LRB100 19065 AWJ 34321 b

1    all personnel, contractual obligations, and liabilities
2    being transferred to (receiving unit of local government).
 
3    Section 20. Ballot placement. A petition that meets the
4requirements of Section 15 shall be placed on the ballot in the
5form provided for in Section 30 at the general election next
6following. Failure to publish the required notice of petition
7shall render the petition, and the results of any referendum
8held on the petition, null and void.
 
9    Section 25. Public hearing. Both the dissolving and
10receiving unit of local government shall hold a public hearing
11on the proposed consolidation after the ballot question has
12been certified and before the early voting process has begun on
13the ballot question. The notice of the hearing shall be
14published in a newspaper or newspapers having a general
15circulation in the units of local government affected. The
16notice shall be published at least 30 days before the date of
17the hearing. The notice shall contain, at a minimum, the name
18of all units of local government proposed to be consolidated
19and a description of the area of consolidation. The notice
20shall also be posted on the main website of each of the units
21of local government 30 days before the date of the hearing and
22continuously until the election results are certified.
 
23    Section 30. Referendum; voting.

 

 

HB5801- 5 -LRB100 19065 AWJ 34321 b

1    (a) Subject to the requirements of Section 16-7 of the
2Election Code, the referendum described in Section 20 shall be
3in substantially the following form on the ballot:
4-----------
5    Shall the (dissolving
6unit of local government) be
7dissolved on (date of dissolution)                     YES
8with all of its property,
9assets, personnel, obligations, and--------------------------
10liabilities being transferred to
11(receiving unit of local government)?                  NO
12-------------------------------------------------------------
13    (b) The referendum is approved when:
14        (1) three-fifths of the electors of the dissolving unit
15    of local government approve the referendum; and
16        (2) three-fifths of the electors of the receiving unit
17    of local government approve the referendum.
 
18    Section 35. Dissolution; transfer of rights and duties.
19When the dissolution of a unit of local government has been
20approved under Section 30:
21        (1) On or before the date of dissolution, all real and
22    personal property, and any other assets, together with all
23    personnel, contractual obligations, and liabilities of the
24    dissolving unit of local government shall be transferred to
25    the receiving unit of local government.

 

 

HB5801- 6 -LRB100 19065 AWJ 34321 b

1        (2) On the date of dissolution, the dissolving unit of
2    local government is dissolved.
3        (3) On and after the date of dissolution, all rights
4    and duties of the dissolved unit of local government,
5    including, but not limited to, the authority to tax (if
6    any), may be exercised by the governing board of the
7    receiving unit of local government.
 
8    Section 40. Limitations on dissolution.
9    (a) A special district may only dissolve into another
10special district under this Act if both: (1) the special
11districts are contiguous; and (2) the special districts are
12organized under the same statutory authority.
13    (b) A county, municipality, or township may not be
14dissolved into a special district.
15    (c) Special districts may only be dissolved into a county,
16municipality, or township if the special district is completely
17within the borders of that county, municipality, or township.
18    (d) There may only be one referendum per dissolving unit of
19local government per general election.
20    (e) A county may only be dissolved into another contiguous
21county.
22    (f) A municipality or township may only be dissolved into
23another county, municipality, or township if it is contiguous,
24coterminous, or within the receiving unit of local government.
25    (g) When a special purpose district is dissolved into a

 

 

HB5801- 7 -LRB100 19065 AWJ 34321 b

1county, municipality, or township, the inherited taxing
2authority of the receiving unit of local government will only
3extend to the territory of the dissolving unit of local
4government at the time of dissolution.
 
5    Section 900. The Election Code is amended by changing
6Section 28-7 as follows:
 
7    (10 ILCS 5/28-7)  (from Ch. 46, par. 28-7)
8    Sec. 28-7. Except as provided in the Citizens Empowerment
9Act, in In any case in which Article VII or paragraph (a) of
10Section 5 of the Transition Schedule of the Constitution
11authorizes any action to be taken by or with respect to any
12unit of local government, as defined in Section 1 of Article
13VII of the Constitution, by or subject to approval by
14referendum, any such public question shall be initiated in
15accordance with this Section.
16    Any such public question may be initiated by the governing
17body of the unit of local government by resolution or by the
18filing with the clerk or secretary of the governmental unit of
19a petition signed by a number of qualified electors equal to or
20greater than at least 8% of the total votes cast for candidates
21for Governor in the preceding gubernatorial election,
22requesting the submission of the proposal for such action to
23the voters of the governmental unit at a regular election.
24    If the action to be taken requires a referendum involving 2

 

 

HB5801- 8 -LRB100 19065 AWJ 34321 b

1or more units of local government, the proposal shall be
2submitted to the voters of such governmental units by the
3election authorities with jurisdiction over the territory of
4the governmental units. Such multi-unit proposals may be
5initiated by appropriate resolutions by the respective
6governing bodies or by petitions of the voters of the several
7governmental units filed with the respective clerks or
8secretaries.
9    This Section is intended to provide a method of submission
10to referendum in all cases of proposals for actions which are
11authorized by Article VII of the Constitution by or subject to
12approval by referendum and supersedes any conflicting
13statutory provisions except those contained in Division 2-5 of
14the Counties Code or the Citizens Empowerment Act the "County
15Executive Act".
16    Referenda provided for in this Section may not be held more
17than once in any 23-month period on the same proposition,
18provided that in any municipality a referendum to elect not to
19be a home rule unit may be held only once within any 47-month
20period.
21(Source: P.A. 97-81, eff. 7-5-11; revised 9-22-17.)