Rep. Lawrence Walsh, Jr.

Filed: 4/6/2018





10000HB5727ham002LRB100 19367 AWJ 38174 a


2    AMENDMENT NO. ______. Amend House Bill 5727 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Municipal Code is amended by
5adding Section 7-1-5.4 as follows:
6    (65 ILCS 5/7-1-5.4 new)
7    Sec. 7-1-5.4. Backdoor referendum in certain annexing
9    (a) Notwithstanding any other provision of law, in any
10annexing municipality located within 5 miles of the Midewin
11National Tallgrass Prairie and the Abraham Lincoln National
12Cemetery that, on or after April 1, 2018, has approved an
13ordinance, resolution, or vote authorizing the annexation of
14contiguous territory of over 100 acres for a private
15development, the annexation is subject to a backdoor referendum
16upon the filing of a petition for a referendum meeting the



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1requirements of this Section.
2    (b) A referendum under this Section shall be submitted to
3the eligible voters residing in a municipality within 5 miles
4of the Midewin National Tallgrass Prairie and the Abraham
5Lincoln National Cemetery that has approved an ordinance,
6resolution, or vote authorizing the annexation of contiguous
7territory of over 100 acres for private development on the
8question of whether the municipality's annexation of that
9territory shall occur.
10    (c) Petitions under this Section must contain a total
11number of signatures equal in number to at least 50% of the
12entire vote cast for all candidates for mayor or president of
13the annexing municipality at the last preceding general
14municipal election. Petitions shall be filed with the clerk or
15secretary of the municipality no later than 30 days following
16the municipality's approval of the ordinance, resolution, or
17vote authorizing the annexation of contiguous territory and
18shall meet the requirements of Section 28-3 of the Election
20    (d) Upon the filing of a petition meeting the requirements
21of subsection (c), the municipality shall not complete the
22annexation approved in its ordinance, resolution, or vote until
23after a referendum is held. The referendum shall be held at the
24general election or municipal election, whichever occurs
25first, next following the filing of a petition, provided that
26the municipal election is no less than 90 days following the



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1date of filing.
2    (e) Subject to the requirements of Section 16-7 of the
3Election Code, the referendum shall be in substantially the
4following form:
5    Shall (municipality) annex (area being annexed)?
6    Votes must be recorded as "yes" or "no".
7    (f) The referendum is approved and annexation may continue
8when a majority of voters residing in the municipality approve
9the referendum. If a majority of the voters residing in the
10municipality vote against the referendum, the municipality may
11not attempt to annex the territory for a period of no less than
122 years from the date it approved the ordinance, resolution, or
13vote authorizing the annexation of the territory.
14    (g) This Section is repealed on January 1, 2023.
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".