HB5801 100TH GENERAL ASSEMBLY

LRB100 19065 AWJ 34321 b

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.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

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.

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.

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 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.

(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:

-----------

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 -------------------------------------------------------------

(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.

(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 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 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.)