Illinois General Assembly - Full Text of SB0918
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Full Text of SB0918  102nd General Assembly


Sen. Laura Fine

Filed: 4/15/2021





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2    AMENDMENT NO. ______. Amend Senate Bill 918 by replacing
3everything after the enacting clause with the following:
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



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1receiving unit of local government.
2    "Receiving unit of local government" means the unit of
3local government receiving the rights, duties, and liabilities
4of the unit of local government proposed to be dissolved by
5referendum under this Act.
6    Section 15. Petition requirements; notice.
7    (a) Subject to the petition requirements of Section 28-3
8of the Election Code, petitions for a referendum to dissolve
9any unit of local government must be filed both with the
10governing board of the dissolving unit of local government and
11the governing board of the receiving unit of local government
12not less than 122 days prior to a general election. Petitions
13must include:
14        (1) the dissolving unit of local government;
15        (2) the receiving unit of local government;
16        (3) the date of dissolution;
17        (4) signatures of a number of electors equal to or
18    greater than 5% of the total votes cast in the preceding
19    general election; and
20        (5) an affidavit of publication attesting that notice
21    of the petition to dissolve a unit of local 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



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



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



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1    majority of those voting in the election from the
2    dissolving unit of local government approve the
3    referendum; and
4        (2) three-fifths of those voting on the amendment or a
5    majority of those voting in the election from electors of
6    the receiving unit of local government approve the
7    referendum.
8    Section 30. Dissolution; transfer of rights and duties.
9When the dissolution of a unit of local government has been
10approved under Section 25:
11    (a) On or before the date of dissolution, all real and
12personal property, and any other assets, together with all
13personnel, contractual obligations, and liabilities of the
14dissolving unit of local government shall be transferred to
15the receiving unit of local government.
16    (b) On the date of dissolution, the dissolving unit of
17local government is dissolved.
18    (c) On and after the date of dissolution, all rights and
19duties of the dissolved unit of local government, including,
20but not limited to, the authority to tax (if any), may be
21exercised by the governing board of the receiving unit of
22local government.
23    Section 50. The Election Code is amended by changing
24Section 28-7 as follows:



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1    (10 ILCS 5/28-7)  (from Ch. 46, par. 28-7)
2    Sec. 28-7. Except as provided in Article 24 of the
3Township Code and the Citizens Empowerment Act, in any case in
4which Article VII or paragraph (a) of Section 5 of the
5Transition Schedule of the Constitution authorizes any action
6to be taken by or with respect to any unit of local government,
7as defined in Section 1 of Article VII of the Constitution, by
8or subject to approval by referendum, any such public question
9shall be initiated in accordance with this Section.
10    Any such public question may be initiated by the governing
11body of the unit of local government by resolution or by the
12filing with the clerk or secretary of the governmental unit of
13a petition signed by a number of qualified electors equal to or
14greater than at least 8% of the total votes cast for candidates
15for Governor in the preceding gubernatorial election,
16requesting the submission of the proposal for such action to
17the voters of the governmental unit at a regular election.
18    If the action to be taken requires a referendum involving
192 or more units of local government, the proposal shall be
20submitted to the voters of such governmental units by the
21election authorities with jurisdiction over the territory of
22the governmental units. Such multi-unit proposals may be
23initiated by appropriate resolutions by the respective
24governing bodies or by petitions of the voters of the several
25governmental units filed with the respective clerks or



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2    This Section is intended to provide a method of submission
3to referendum in all cases of proposals for actions which are
4authorized by Article VII of the Constitution by or subject to
5approval by referendum and supersedes any conflicting
6statutory provisions except those contained in Division 2-5 of
7the Counties Code, or Article 24 of the Township Code, or the
8Citizens Empowerment Act.
9    Referenda provided for in this Section may not be held
10more than once in any 23-month period on the same proposition,
11provided that in any municipality a referendum to elect not to
12be a home rule unit may be held only once within any 47-month
14(Source: P.A. 100-863, eff. 8-14-18; 101-230, eff. 8-9-19.)
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".