Bill Amendment: IL SB0918 | 2021-2022 | 102nd General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: GOVERNMENT-TECH
Status: 2021-07-16 - Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0918 Detail]
Download: Illinois-2021-SB0918-Senate_Amendment_001.html
Bill Title: GOVERNMENT-TECH
Status: 2021-07-16 - Senate Floor Amendment No. 1 Pursuant to Senate Rule 3-9(b) / Referred to Assignments [SB0918 Detail]
Download: Illinois-2021-SB0918-Senate_Amendment_001.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO SENATE BILL 918
| ||||||
2 | AMENDMENT NO. ______. Amend Senate Bill 918 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 1. Short title. This Act may be cited as the | ||||||
5 | Citizens Empowerment Act.
| ||||||
6 | Section 5. Scope. The method of dissolution of a unit of | ||||||
7 | local government under this Act shall be in addition to any | ||||||
8 | other method of dissolving a unit of local government provided | ||||||
9 | by law or otherwise.
| ||||||
10 | Section 10. Definitions. As used in this Act: | ||||||
11 | "Dissolving unit of local government" means the unit of | ||||||
12 | local government proposed to be dissolved by referendum under | ||||||
13 | this Act.
| ||||||
14 | "Electors" means the registered voters of the dissolving | ||||||
15 | unit of local government and the registered voters of the |
| |||||||
| |||||||
1 | receiving unit of local government.
| ||||||
2 | "Receiving unit of local government" means the unit of | ||||||
3 | local government receiving the rights, duties, and liabilities | ||||||
4 | of the unit of local government proposed to be dissolved by | ||||||
5 | referendum under this Act.
| ||||||
6 | Section 15. Petition requirements; notice.
| ||||||
7 | (a) Subject to the petition requirements of Section 28-3 | ||||||
8 | of the Election Code, petitions for a referendum to dissolve | ||||||
9 | any unit of local government must be filed both with the | ||||||
10 | governing board of the dissolving unit of local government and | ||||||
11 | the governing board of the receiving unit of local government | ||||||
12 | not less than 122 days prior to a general election. Petitions | ||||||
13 | must 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 |
| |||||||
| |||||||
1 | which the referendum is to be voted upon.
| ||||||
2 | All signatures gathered under paragraph (4) of this | ||||||
3 | subsection (a) must be signed within 365 days prior to the | ||||||
4 | filing of a petition. A unit of local government may by | ||||||
5 | ordinance or resolution limit the time signatures must be | ||||||
6 | signed to less than 365 days prior to the filing of the | ||||||
7 | petition but no less than 180 days before the filing of a | ||||||
8 | petition. If either the dissolving unit of local government or | ||||||
9 | receiving unit of local government has such an ordinance or | ||||||
10 | resolution, the petition shall not be placed on the ballot if | ||||||
11 | any signatures do not meet the requirements of any ordinance | ||||||
12 | or resolution. | ||||||
13 | (b) The proposed date of dissolution shall be at least 90 | ||||||
14 | days after the date of the election at which the referendum is | ||||||
15 | to be voted upon.
| ||||||
16 | (c) The parties filing a petition under this Section shall | ||||||
17 | give 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 |
| |||||||
| |||||||
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 | ||||||
5 | requirements of Section 15 shall be placed on the ballot in the | ||||||
6 | form provided for in Section 25 at the general election next | ||||||
7 | following. Failure to publish the required notice of petition | ||||||
8 | shall render the petition, and the results of any referendum | ||||||
9 | held on the petition, null and void.
| ||||||
10 | Section 25. Referendum; voting. | ||||||
11 | (a) Subject to the requirements of Section 16-7 of the | ||||||
12 | Election Code, the referendum described in Section 20 shall be | ||||||
13 | in substantially the following form on the ballot: | ||||||
14 | -----------
| ||||||
15 | Shall the (dissolving
| ||||||
16 | unit of local government) be
| ||||||
17 | dissolved on (date of dissolution) YES
| ||||||
18 | with all of its property,
| ||||||
19 | assets, personnel, obligations, and -------------------------
| ||||||
20 | liabilities being transferred to
| ||||||
21 | (receiving unit of local government)? NO
| ||||||
22 | ------------------------------------------------------------- | ||||||
23 | (b) The referendum is approved when:
| ||||||
24 | (1) three-fifths of those voting on the amendment or a |
| |||||||
| |||||||
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. | ||||||
9 | When the dissolution of a unit of local government has been | ||||||
10 | approved under Section 25:
| ||||||
11 | (a) On or before the date of dissolution, all real and | ||||||
12 | personal property, and any other assets, together with all | ||||||
13 | personnel, contractual obligations, and liabilities of the | ||||||
14 | dissolving unit of local government shall be transferred to | ||||||
15 | the receiving unit of local government.
| ||||||
16 | (b) On the date of dissolution, the dissolving unit of | ||||||
17 | local government is dissolved.
| ||||||
18 | (c) On and after the date of dissolution, all rights and | ||||||
19 | duties of the dissolved unit of local government, including, | ||||||
20 | but not limited to, the authority to tax (if any), may be | ||||||
21 | exercised by the governing board of the receiving unit of | ||||||
22 | local government.
| ||||||
23 | Section 50. The Election Code is amended by changing | ||||||
24 | Section 28-7 as follows:
|
| |||||||
| |||||||
1 | (10 ILCS 5/28-7) (from Ch. 46, par. 28-7)
| ||||||
2 | Sec. 28-7.
Except as provided in Article 24 of the | ||||||
3 | Township Code and the Citizens Empowerment Act , in any case in | ||||||
4 | which Article VII or paragraph (a) of Section 5 of
the
| ||||||
5 | Transition Schedule of the Constitution authorizes any action | ||||||
6 | to be
taken by or with respect to any unit of local government, | ||||||
7 | as defined in
Section 1 of Article VII of the Constitution, by | ||||||
8 | or subject to approval
by referendum, any such public question | ||||||
9 | shall be initiated in
accordance with this Section.
| ||||||
10 | Any such public question may be initiated by the governing | ||||||
11 | body of the
unit of local government by resolution or by the | ||||||
12 | filing with the clerk or
secretary of the
governmental unit of | ||||||
13 | a petition signed by a number of qualified electors
equal to or | ||||||
14 | greater than at least 8% of the total votes cast for candidates | ||||||
15 | for Governor in the preceding gubernatorial election, | ||||||
16 | requesting the submission of the proposal
for such action to | ||||||
17 | the voters
of the governmental unit at a regular election.
| ||||||
18 | If the action to be taken requires a referendum involving | ||||||
19 | 2 or more
units of local government, the proposal shall be | ||||||
20 | submitted to the voters
of such governmental units by the | ||||||
21 | election authorities with jurisdiction
over the territory of | ||||||
22 | the governmental units. Such multi-unit proposals
may be | ||||||
23 | initiated by appropriate
resolutions by the respective | ||||||
24 | governing bodies or by
petitions of the voters of the several | ||||||
25 | governmental units filed with the
respective clerks or |
| |||||||
| |||||||
1 | secretaries.
| ||||||
2 | This Section is intended to provide a method of submission | ||||||
3 | to
referendum in all cases of proposals for actions which are | ||||||
4 | authorized by
Article VII of the Constitution by or subject to | ||||||
5 | approval by referendum
and supersedes any conflicting | ||||||
6 | statutory provisions except those
contained in Division 2-5 of | ||||||
7 | the Counties Code , or Article 24 of the Township Code , or the | ||||||
8 | Citizens Empowerment Act .
| ||||||
9 | Referenda provided for in this Section may not be held | ||||||
10 | more than once
in any 23-month period on the same proposition, | ||||||
11 | provided that in any
municipality a referendum to elect not to | ||||||
12 | be a home rule unit may be held
only once within
any 47-month | ||||||
13 | period.
| ||||||
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 | ||||||
16 | becoming law.".
|