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.


LRB102 25135 AWJ 34397 b

 

 

A BILL FOR

 

HB5276LRB102 25135 AWJ 34397 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 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 a unit of
12local government proposed to be dissolved by referendum under
13this Act.
14    "Electors" means the registered voters of a dissolving
15unit of local government and the registered voters of the
16receiving unit of local government.
17    "Receiving unit of local government" means a unit of local
18government receiving the rights, duties, and liabilities of a
19dissolving unit of local government.
 
20    Section 15. Petition requirements; notice.
21    (a) Subject to the petition requirements of Section 28-3

 

 

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1of the Election Code, petitions for a referendum to dissolve
2one or more units of local government must be filed both with
3the governing board of each dissolving unit of local
4government and the governing board of each receiving unit of
5local government not less than 122 days prior to a general
6election. Petitions must include:
7        (1) the dissolving unit or units of local government;
8        (2) the receiving unit or units of local government;
9        (3) the date of dissolution;
10        (4) signatures of a number of electors equal to or
11    greater than 5% of the total votes cast from each
12    dissolving unit of local government in the preceding
13    general election; and
14        (5) an affidavit of publication attesting that notice
15    of the petition to dissolve a unit of local government was
16    published in a newspaper of general circulation within the
17    territory of each dissolving unit of local government and
18    each receiving unit of local government at least 122 days
19    and no more than 152 days prior to the general election at
20    which the referendum is to be voted upon.
21    All signatures gathered under paragraph (4) of this
22subsection must be signed within 365 days prior to the filing
23of a petition. A unit of local government may by ordinance or
24resolution limit the time in which signatures must be signed
25to less than 365 days prior to the filing of the petition but
26no less than 180 days before the filing of a petition. If any

 

 

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1of the dissolving units of local government or receiving units
2of local government have such an ordinance or resolution, the
3petition shall not be placed on the ballot if any signatures do
4not meet the requirements of any ordinance or resolution.
5    (b) The proposed date of dissolution shall be at least 90
6days after the date of the election at which the referendum is
7to be voted upon.
8    (c) The parties filing a petition under this Section shall
9give notice in substantially the following form to each
10dissolving and receiving unit of local government:
 
11    NOTICE OF PETITION TO DISSOLVE (dissolving unit of local
12    government).
13    Residents of (dissolving unit or units of local
14    government) and (receiving unit of local government) are
15    notified that a petition will be filed with (dissolving
16    unit or units of local government) and (receiving unit of
17    local government) requesting a referendum to dissolve
18    (dissolving unit or units of local government) on (date of
19    dissolution) with all real and personal property, and any
20    other assets, together with all personnel, contractual
21    obligations, and liabilities being transferred to
22    (receiving unit of local government).
 
23    Section 20. Resolution or ordinance of county board or
24governing board of another unit of local government. Subject

 

 

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1to the requirements of Section 28-2 of the Election Code, any
2resolution or ordinance for a referendum to dissolve any unit
3or units of local government passed by both the governing
4board or boards of the dissolving unit or units of local
5government and the governing board of the receiving unit or
6units of local government, or, in the case where both
7dissolving unit or units of local government and receiving
8unit or units of local government reside in a single county,
9any county board resolution or ordinance for a referendum to
10dissolve any unit or units of local government within that
11county, must include:
12        (1) The dissolving unit or units of local government;
13        (2) The receiving unit or units of local government;
14        (3) The date of dissolution;
 
15    Section 25. Ballot placement. A petition that meets the
16requirements of Section 15 shall be placed on the ballot in the
17form provided for in Section 30 at the general election next
18following. Failure to publish the required notice of petition
19shall render the petition, and the results of any referendum
20held on the petition, null and void.
 
21    Section 30. Referendum; voting.
22    (a) Subject to the requirements of Section 16-7 of the
23Election Code, the referendum described in Section 25 shall be
24in substantially the following form on the ballot in each

 

 

HB5276- 5 -LRB102 25135 AWJ 34397 b

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

 

 

HB5276- 6 -LRB102 25135 AWJ 34397 b

1personnel, contractual obligations, and liabilities of each
2dissolving unit of local government shall be transferred to
3the receiving unit of local government.
4    (b) On the date of dissolution, each dissolving unit of
5local government is dissolved.
6    (c) On and after the date of dissolution, all rights and
7duties of each dissolved unit of local government, including,
8but not limited to, the authority to tax (if any), may be
9exercised by the governing board of the receiving unit of
10local government.
 
11    Section 50. The Election Code is amended by changing
12Section 28-7 as follows:
 
13    (10 ILCS 5/28-7)  (from Ch. 46, par. 28-7)
14    Sec. 28-7. Except as provided in Article 24 of the
15Township Code and the Citizens Empowerment Act, in any case in
16which Article VII or paragraph (a) of Section 5 of the
17Transition Schedule of the Constitution authorizes any action
18to be taken by or with respect to any unit of local government,
19as defined in Section 1 of Article VII of the Constitution, by
20or subject to approval by referendum, any such public question
21shall be initiated in accordance with this Section.
22    Any such public question may be initiated by the governing
23body of the unit of local government by resolution or by the
24filing with the clerk or secretary of the governmental unit of

 

 

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1a petition signed by a number of qualified electors equal to or
2greater than at least 8% of the total votes cast for candidates
3for Governor in the preceding gubernatorial election,
4requesting the submission of the proposal for such action to
5the voters of the governmental unit at a regular election.
6    If the action to be taken requires a referendum involving
72 or more units of local government, the proposal shall be
8submitted to the voters of such governmental units by the
9election authorities with jurisdiction over the territory of
10the governmental units. Such multi-unit proposals may be
11initiated by appropriate resolutions by the respective
12governing bodies or by petitions of the voters of the several
13governmental units filed with the respective clerks or
14secretaries.
15    This Section is intended to provide a method of submission
16to referendum in all cases of proposals for actions which are
17authorized by Article VII of the Constitution by or subject to
18approval by referendum and supersedes any conflicting
19statutory provisions except those contained in Division 2-5 of
20the Counties Code, or Article 24 of the Township Code, or the
21Citizens Empowerment Act.
22    Referenda provided for in this Section may not be held
23more than once in any 23-month period on the same proposition,
24provided that in any municipality a referendum to elect not to
25be a home rule unit may be held only once within any 47-month
26period.

 

 

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1(Source: P.A. 100-863, eff. 8-14-18; 101-230, eff. 8-9-19.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.