SB1538 101ST GENERAL ASSEMBLY

LRB101 08871 AWJ 53961 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
SB1538

Introduced 2/15/2019, by Sen. Terry Link

SYNOPSIS AS INTRODUCED:

65 ILCS 5/11-1-14 new

Amends the Illinois Municipal Code. Provides that a municipality's police department may be discontinued after referendum of the electors of the municipality. Requires a petition of the electors requesting the referendum or an ordinance requesting the referendum by the city council of the municipality. Provides that if the referendum passes, the sheriff's department acquires primary jurisdiction over police protection of the municipality and the county acquires the authority to levy any taxes the municipality could have levied to support the policing of the municipality.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The Illinois Municipal Code is amended by adding Section 11-1-14 as follows:

(65 ILCS 5/11-1-14 new)

Sec. 11-1-14. Discontinuance of police department by referendum.

(a) A municipality's police department may be discontinued after referendum of the electors of the municipality after: (1) the city council passes an ordinance for a referendum to discontinue the police department; or (2) after a petition for a referendum signed by not less than 5% of the total number of registered voters of municipality is filed with the city council. The ordinance or petition shall include the date of discontinuance of the police department, which shall not be earlier than 60 days following the date of the referendum.

(b) Upon the adoption of an ordinance or the filing of a petition under subsection (a), a referendum, subject to the requirements of 16-7 of the Election Code, shall be placed on the ballot for all electors residing in the municipality at the next general election in substantially the following form:

Shall the ........ police department be discontinued with the sheriff's department acquiring primary jurisdiction over police protection in the municipality and the county acquiring the ability to levy any applicable municipal taxes to provide police protection in the municipality?

The votes shall be recorded as "Yes" or "No".

(c) If a majority of the electors in the municipality vote in favor of the referendum, then the police department shall be discontinued on the date indicated in the ordinance or petition and, on that date, the sheriff's department acquires primary jurisdiction over police protection of the municipality and the county acquires the authority to levy any tax the municipality levied or could have levied to support the policing of the municipality. The county may levy a tax under this subsection regardless of whether it uses the money directly for the support of policing of the municipality.