Bill Text: IL HB5801 | 2017-2018 | 100th General Assembly | Introduced

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Bill Title: Creates the Citizens Empowerment Act. Provides that registered voters may petition for a referendum at the next general election to dissolve a unit of local government. Sets forth requirements for the petition, the ballot referendum, and the public hearing. Provides for the transfer of property, assets, obligations, and liabilities of the dissolving unit of local government to the receiving unit of local government. Limits when a special district may dissolve into another unit of local government. Defines terms. Amends the Election Code making conforming changes.

Spectrum: Partisan Bill (Republican 2-0)

Status: (Failed) 2019-01-08 - Session Sine Die [HB5801 Detail]

Download: Illinois-2017-HB5801-Introduced.html

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100TH GENERAL ASSEMBLY State of Illinois 2017 and 2018 HB5801 Introduced , by Rep. Mark Batinick SYNOPSIS AS INTRODUCED:
New Act
10 ILCS 5/28-7 from Ch. 46, par. 28-7
Creates the Citizens Empowerment Act. Provides that registered voters may petition for a referendum at the next general election to dissolve a unit of local government. Sets forth requirements for the petition, the ballot referendum, and the public hearing. Provides for the transfer of property, assets, obligations, and liabilities of the dissolving unit of local government to the receiving unit of local government. Limits when a special district may dissolve into another unit of local government. Defines terms. Amends the Election Code making conforming changes.
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FISCAL NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning empowering citizens and revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Citizens Empowerment Act.
Section 5. Scope. The method of dissolution of a unit of
local government under this Act shall be in addition to any
other method of dissolving a unit of local government provided
by law or otherwise.
Section 10. Definitions. As used in this Act:
"Dissolving unit of local government" means the unit of
local government proposed to be dissolved by referendum under
this Act.
"Receiving unit of local government" means the unit of
local government receiving the rights, duties, and liabilities
of the unit of local government proposed be dissolved by
referendum under this Act.
"Special district" means any political subdivision other
than a county, municipality, or township.
"Unit of local government" has the same meaning as found in
Section 1 of Article VII of the Illinois Constitution.

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Section 15. Petition requirements; notice.
(a) Subject to the petition requirements of Section 28-3 of
the Election Code and the dissolution limitations of Section
35, petitions for a referendum to dissolve any unit of local
government must be filed both with the governing board of the
dissolving unit of local governmental and the governing board
of the receiving unit of local government not less than 122
days prior to a general election. Petitions must include:
(1) the dissolving unit of local government;
(2) the receiving unit of local government;
(3) the date of dissolution;
(4) signatures of a number of registered voters equal
to or greater than 5% of the total ballots cast in the
preceding general election of both the dissolving and
receiving unit, except that if the proposed new
consolidated unit has overlapping territory of both the
dissolving and receiving unit, the signatures obtained
from the overlapping territory count towards the 5%
requirement for both entities; and
(5) an affidavit of publication, attesting that notice
of the petition to dissolve a local unit of government was
published in a newspaper of general circulation within the
territory of the dissolving unit of local government and
the receiving unit of local government at least 122 days
and no more than 152 days prior to the general election at
which the referendum is to be voted upon.

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All signatures gathered under paragraph (4) of this
subsection (a) must be signed within 365 days prior to the
filing of a petition. A unit of local government may, by
ordinance or resolution, limit the time in which signatures
must be signed to less than 365 days prior to the filing of the
petition but no less than 180 days before the filing of a
petition. If either the dissolving unit of local government or
receiving unit of local government has such an ordinance or
resolution, the petition shall not be placed on the ballot if
any signatures do not meet the requirements of any ordinance or
resolution.
(b) The proposed date of dissolution shall be at least 90
days after the date of the election at which the referendum is
to be voted upon.
(c) The parties filing a petition under this Section shall
give notice in substantially the following form:
NOTICE OF PETITION TO DISSOLVE (dissolving unit of local
government).
Residents of (dissolving unit of local government) and
(receiving unit of local government) are notified that a
petition will be filed with (dissolving unit of local
government) and (receiving unit of local government)
requesting a referendum to dissolve (dissolving unit of
local government) on (date of dissolution) with all real
and personal property, and any other assets, together with

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all personnel, contractual obligations, and liabilities
being transferred to (receiving unit of local government).
Section 20. Ballot placement. A petition that meets the
requirements of Section 15 shall be placed on the ballot in the
form provided for in Section 30 at the general election next
following. Failure to publish the required notice of petition
shall render the petition, and the results of any referendum
held on the petition, null and void.
Section 25. Public hearing. Both the dissolving and
receiving unit of local government shall hold a public hearing
on the proposed consolidation after the ballot question has
been certified and before the early voting process has begun on
the ballot question. The notice of the hearing shall be
published in a newspaper or newspapers having a general
circulation in the units of local government affected. The
notice shall be published at least 30 days before the date of
the hearing. The notice shall contain, at a minimum, the name
of all units of local government proposed to be consolidated
and a description of the area of consolidation. The notice
shall also be posted on the main website of each of the units
of local government 30 days before the date of the hearing and
continuously until the election results are certified.
Section 30. Referendum; voting.

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(a) Subject to the requirements of Section 16-7 of the
Election Code, the referendum described in Section 20 shall be
in substantially the following form on the ballot:
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Shall the (dissolving
unit of local government) be
dissolved on (date of dissolution) YES
with all of its property,
assets, personnel, obligations, and--------------------------
liabilities being transferred to
(receiving unit of local government)? NO
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(b) The referendum is approved when:
(1) three-fifths of the electors of the dissolving unit
of local government approve the referendum; and
(2) three-fifths of the electors of the receiving unit
of local government approve the referendum.
Section 35. Dissolution; transfer of rights and duties.
When the dissolution of a unit of local government has been
approved under Section 30:
(1) On or before the date of dissolution, all real and
personal property, and any other assets, together with all
personnel, contractual obligations, and liabilities of the
dissolving unit of local government shall be transferred to
the receiving unit of local government.

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(2) On the date of dissolution, the dissolving unit of
local government is dissolved.
(3) On and after the date of dissolution, all rights
and duties of the dissolved unit of local government,
including, but not limited to, the authority to tax (if
any), may be exercised by the governing board of the
receiving unit of local government.
Section 40. Limitations on dissolution.
(a) A special district may only dissolve into another
special district under this Act if both: (1) the special
districts are contiguous; and (2) the special districts are
organized under the same statutory authority.
(b) A county, municipality, or township may not be
dissolved into a special district.
(c) Special districts may only be dissolved into a county,
municipality, or township if the special district is completely
within the borders of that county, municipality, or township.
(d) There may only be one referendum per dissolving unit of
local government per general election.
(e) A county may only be dissolved into another contiguous
county.
(f) A municipality or township may only be dissolved into
another county, municipality, or township if it is contiguous,
coterminous, or within the receiving unit of local government.
(g) When a special purpose district is dissolved into a

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county, municipality, or township, the inherited taxing
authority of the receiving unit of local government will only
extend to the territory of the dissolving unit of local
government at the time of dissolution.
Section 900. The Election Code is amended by changing
Section 28-7 as follows:
(10 ILCS 5/28-7) (from Ch. 46, par. 28-7)
Sec. 28-7. Except as provided in the Citizens Empowerment
Act, in In any case in which Article VII or paragraph (a) of
Section 5 of the Transition Schedule of the Constitution
authorizes any action to be taken by or with respect to any
unit of local government, as defined in Section 1 of Article
VII of the Constitution, by or subject to approval by
referendum, any such public question shall be initiated in
accordance with this Section.
Any such public question may be initiated by the governing
body of the unit of local government by resolution or by the
filing with the clerk or secretary of the governmental unit of
a petition signed by a number of qualified electors equal to or
greater than at least 8% of the total votes cast for candidates
for Governor in the preceding gubernatorial election,
requesting the submission of the proposal for such action to
the voters of the governmental unit at a regular election.
If the action to be taken requires a referendum involving 2

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or more units of local government, the proposal shall be
submitted to the voters of such governmental units by the
election authorities with jurisdiction over the territory of
the governmental units. Such multi-unit proposals may be
initiated by appropriate resolutions by the respective
governing bodies or by petitions of the voters of the several
governmental units filed with the respective clerks or
secretaries.
This Section is intended to provide a method of submission
to referendum in all cases of proposals for actions which are
authorized by Article VII of the Constitution by or subject to
approval by referendum and supersedes any conflicting
statutory provisions except those contained in Division 2-5 of
the Counties Code or the Citizens Empowerment Act the "County
Executive Act".
Referenda provided for in this Section may not be held more
than once in any 23-month period on the same proposition,
provided that in any municipality a referendum to elect not to
be a home rule unit may be held only once within any 47-month
period.
(Source: P.A. 97-81, eff. 7-5-11; revised 9-22-17.)