Bill Text: IL HB0307 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: 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.

Spectrum: Bipartisan Bill

Status: (Introduced) 2019-03-29 - Rule 19(a) / Re-referred to Rules Committee [HB0307 Detail]

Download: Illinois-2019-HB0307-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB0307

Introduced , by Rep. David McSweeney

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

A BILL FOR

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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 of
2the Election Code, petitions for a referendum to dissolve any
3unit of local government must be filed both with the governing
4board of the dissolving unit of local government and the
5governing board of the receiving unit of local government not
6less than 122 days prior to a general election. Petitions must
7include:
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 or
5resolution.
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

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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 the
8receiving 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 local
15government.
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 the Citizens Empowerment
20Act, in In any case in which Article VII or paragraph (a) of
21Section 5 of the Transition Schedule of the Constitution
22authorizes any action to be taken by or with respect to any
23unit of local government, as defined in Section 1 of Article

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1VII of the Constitution, by or subject to approval by
2referendum, any such public question shall be initiated in
3accordance 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 2
13or 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 the Citizens Empowerment Act.

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