Illinois General Assembly - Full Text of HB0433
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Full Text of HB0433  102nd General Assembly

HB0433 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB0433

 

Introduced 2/8/2021, by Rep. Jonathan Carroll - Daniel Didech

 

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 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 of local government to the receiving unit of local government. Amends the Election Code to provide exceptions for the Citizens Empowerment Act. Effective immediately.


LRB102 10195 SMS 15518 b

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

 

 

A BILL FOR

 

HB0433LRB102 10195 SMS 15518 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 the unit of
12local government proposed to be dissolved by referendum under
13this Act.
14    "Electors" means the registered voters of the dissolving
15unit of local government and the registered voters of the
16receiving unit of local government.
17    "Receiving unit of local government" means the unit of
18local government receiving the rights, duties, and liabilities
19of the unit of local government proposed to be dissolved by
20referendum under this Act.
 
21    Section 15. Petition requirements; notice.

 

 

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1    (a) Subject to the petition requirements of Section 28-3
2of the Election Code, petitions for a referendum to dissolve
3any unit of local government must be filed both with the
4governing board of the dissolving unit of local government and
5the governing board of the receiving unit of local government
6not less than 122 days prior to a general election. Petitions
7must include:
8        (1) the dissolving unit of local government;
9        (2) the receiving unit of local government;
10        (3) the date of dissolution;
11        (4) signatures of a number of electors equal to or
12    greater than 5% of the total votes cast 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 the dissolving unit of local government and
18    the 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 (a) must be signed within 365 days prior to the
23filing of a petition. A unit of local government may by
24ordinance or resolution limit the time signatures must be
25signed to less than 365 days prior to the filing of the
26petition but no less than 180 days before the filing of a

 

 

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1petition. If either the dissolving unit of local government or
2receiving unit of local government has such an ordinance or
3resolution, the petition shall not be placed on the ballot if
4any signatures do not meet the requirements of any ordinance
5or resolution.
6    (b) The proposed date of dissolution shall be at least 90
7days after the date of the election at which the referendum is
8to be voted upon.
9    (c) The parties filing a petition under this Section shall
10give notice in substantially the following form:
 
11    NOTICE OF PETITION TO DISSOLVE (dissolving unit of local
12    government).
13    Residents of (dissolving unit of local government) and
14    (receiving unit of local government) are notified that a
15    petition will be filed with (dissolving unit of local
16    government) and (receiving unit of local government)
17    requesting a referendum to dissolve (dissolving unit of
18    local government) on (date of dissolution) with all real
19    and personal property, and any other assets, together with
20    all personnel, contractual obligations, and liabilities
21    being transferred to (receiving unit of local government).
 
22    Section 20. Ballot placement. A petition that meets the
23requirements of Section 15 shall be placed on the ballot in the
24form provided for in Section 25 at the general election next

 

 

HB0433- 4 -LRB102 10195 SMS 15518 b

1following. Failure to publish the required notice of petition
2shall render the petition, and the results of any referendum
3held on the petition, null and void.
 
4    Section 25. Referendum; voting.
5    (a) Subject to the requirements of Section 16-7 of the
6Election Code, the referendum described in Section 20 shall be
7in substantially the following form on the ballot:
8-----------
9    Shall the (dissolving
10unit of local government) be
11dissolved on (date of dissolution)                     YES
12with all of its property,
13assets, personnel, obligations, and -------------------------
14liabilities being transferred to
15(receiving unit of local government)?                  NO
16-------------------------------------------------------------
17    (b) The referendum is approved when:
18        (1) three-fifths of those voting on the amendment or a
19    majority of those voting in the election from the
20    dissolving unit of local government approve the
21    referendum; and
22        (2) three-fifths of those voting on the amendment or a
23    majority of those voting in the election from electors of
24    the receiving unit of local government approve the
25    referendum.
 

 

 

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1    Section 30. Dissolution; transfer of rights and duties.
2When the dissolution of a unit of local government has been
3approved under Section 25:
4    (a) On or before the date of dissolution, all real and
5personal property, and any other assets, together with all
6personnel, contractual obligations, and liabilities of the
7dissolving unit of local government shall be transferred to
8the receiving unit of local government.
9    (b) On the date of dissolution, the dissolving unit of
10local government is dissolved.
11    (c) On and after the date of dissolution, all rights and
12duties of the dissolved unit of local government, including,
13but not limited to, the authority to tax (if any), may be
14exercised by the governing board of the receiving unit of
15local government.
 
16    Section 100. The Election Code is amended by changing
17Section 28-7 as follows:
 
18    (10 ILCS 5/28-7)  (from Ch. 46, par. 28-7)
19    Sec. 28-7. Except as provided in Article 24 of the
20Township Code and the Citizens Empowerment Act, in any case in
21which Article VII or paragraph (a) of Section 5 of the
22Transition Schedule of the Constitution authorizes any action
23to be taken by or with respect to any unit of local government,

 

 

HB0433- 6 -LRB102 10195 SMS 15518 b

1as defined in Section 1 of Article VII of the Constitution, by
2or subject to approval by referendum, any such public question
3shall be initiated in accordance with this Section.
4    Any such public question may be initiated by the governing
5body of the unit of local government by resolution or by the
6filing with the clerk or secretary of the governmental unit of
7a petition signed by a number of qualified electors equal to or
8greater than at least 8% of the total votes cast for candidates
9for Governor in the preceding gubernatorial election,
10requesting the submission of the proposal for such action to
11the voters of the governmental unit at a regular election.
12    If the action to be taken requires a referendum involving
132 or more units of local government, the proposal shall be
14submitted to the voters of such governmental units by the
15election authorities with jurisdiction over the territory of
16the governmental units. Such multi-unit proposals may be
17initiated by appropriate resolutions by the respective
18governing bodies or by petitions of the voters of the several
19governmental units filed with the respective clerks or
20secretaries.
21    This Section is intended to provide a method of submission
22to referendum in all cases of proposals for actions which are
23authorized by Article VII of the Constitution by or subject to
24approval by referendum and supersedes any conflicting
25statutory provisions except those contained in Division 2-5 of
26the Counties Code, or Article 24 of the Township Code, or the

 

 

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1Citizens Empowerment Act.
2    Referenda provided for in this Section may not be held
3more than once in any 23-month period on the same proposition,
4provided that in any municipality a referendum to elect not to
5be a home rule unit may be held only once within any 47-month
6period.
7(Source: P.A. 100-863, eff. 8-14-18; 101-230, eff. 8-9-19.)
 
8    Section 999. Effective date. This Act takes effect upon
9becoming law.