Illinois General Assembly - Full Text of HB5727
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Full Text of HB5727  100th General Assembly


Rep. Lawrence Walsh, Jr.

Filed: 3/16/2018





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2    AMENDMENT NO. ______. Amend House Bill 5727 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Municipal Code is amended by
5adding Section 7-1-5.4 as follows:
6    (65 ILCS 5/7-1-5.4 new)
7    Sec. 7-1-5.4. Backdoor referendum in certain annexing
9    (a) Notwithstanding any other provision of law, in any
10annexing municipality located within 5 miles of the Midewin
11National Tallgrass Prairie and the Abraham Lincoln National
12Cemetery that has approved an ordinance, resolution, or vote
13authorizing the annexation of contiguous territory of over 100
14acres for a private development, the annexation is subject to a
15backdoor referendum upon the filing of a petition for a
16referendum meeting the requirements of this Section.



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1    (b) A referendum under this Section shall be submitted to
2the eligible voters residing in a municipality within 5 miles
3of the Midewin National Tallgrass Prairie and the Abraham
4Lincoln National Cemetery that has approved an ordinance,
5resolution, or vote authorizing the annexation of contiguous
6territory of over 100 acres for private development on the
7question of whether the municipality's annexation of that
8territory shall occur.
9    (c) Petitions under this Section must contain a total
10number of signatures equal in number to at least 50% of the
11entire vote cast for all candidates for mayor or president of
12the annexing municipality at the last preceding general
13municipal election. Petitions shall be filed with the clerk or
14secretary of the municipality no later than 30 days following
15the municipality's approval of the ordinance, resolution, or
16vote authorizing the annexation of contiguous territory and
17shall meet the requirements of Section 28-3 of the Election
19    (d) Upon the filing of a petition meeting the requirements
20of subsection (c), the municipality shall not complete the
21annexation approved in its ordinance, resolution, or vote until
22after a referendum is held. The referendum shall be held at the
23general election or municipal election, whichever occurs
24first, next following the filing of a petition, provided that
25the municipal election is no less than 90 days following the
26date of filing.



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1    (e) Subject to the requirements of Section 16-7 of the
2Election Code, the referendum shall be in substantially the
3following form:
4    Shall (municipality) annex (area being annexed)?
5    Votes must be recorded as "yes" or "no".
6    (f) The referendum is approved and annexation may continue
7when a majority of voters residing in the municipality approve
8the referendum. If a majority of the voters residing in the
9municipality vote against the referendum, the municipality may
10not attempt to annex the territory for a period of no less than
112 years from the date it approved the ordinance, resolution, or
12vote authorizing the annexation of the territory.
13    (g) This Section is repealed on January 1, 2023.
14    Section 99. Effective date. This Act takes effect upon
15becoming law.".