HB5727 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB5727

 

Introduced , by Rep. Lawrence Walsh, Jr.

 

SYNOPSIS AS INTRODUCED:
 
65 ILCS 5/7-1-5.4 new

    Amends the Illinois Municipal Code. Provides that in a municipality with a population under 1,000,000 that has approved an ordinance, resolution, or vote authorizing the annexation of contiguous territory, the annexation is subject to a backdoor referendum upon the filing of a petition for a referendum containing a total number of signatures equal in number to at least 10% of the entire vote cast for all candidates for mayor or president of the annexing municipality at the last preceding general municipal election. Provides petition and referendum requirements. If the voters do not approve the annexation of the territory, provides that the municipality may not attempt to annex the territory for a period of no less than 2 years from the date it approved the ordinance, resolution, or vote authorizing the annexation of the territory. Effective immediately.


LRB100 19367 AWJ 34633 b

 

 

A BILL FOR

 

HB5727LRB100 19367 AWJ 34633 b

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 5. The Illinois Municipal Code is amended by adding
5Section 7-1-5.4 as follows:
 
6    (65 ILCS 5/7-1-5.4 new)
7    Sec. 7-1-5.4. Backdoor referendum in annexing
8municipality.
9    (a) Notwithstanding any other provision of law, in a
10municipality with a population under 1,000,000 that has
11approved an ordinance, resolution, or vote authorizing the
12annexation of contiguous territory, the annexation is subject
13to a backdoor referendum upon the filing of a petition for a
14referendum meeting the requirements of this Section.
15    (b) A referendum under this Section shall be submitted to
16the eligible voters residing in a municipality that has
17approved an ordinance, resolution, or vote authorizing the
18annexation of contiguous territory on the question of whether
19the municipality's annexation of that territory shall occur.
20    (c) Petitions under this Section must contain a total
21number of signatures equal in number to at least 10% of the
22entire vote cast for all candidates for mayor or president of
23the annexing municipality at the last preceding general

 

 

HB5727- 2 -LRB100 19367 AWJ 34633 b

1municipal election. Petitions shall be filed with the clerk or
2secretary of the municipality no later than 30 days following
3the municipality's approval of the ordinance, resolution, or
4vote authorizing the annexation of contiguous territory and
5shall meet the requirements of Section 28-3 of the Election
6Code.
7    (d) Upon the filing of a petition meeting the requirements
8of subsection (c), the municipality shall not complete the
9annexation approved in its ordinance, resolution, or vote until
10after a referendum is held. The referendum shall be held at the
11municipal election next following the filing of a petition,
12provided that the municipal election is no less than 90 days
13following the date of filing.
14    (e) Subject to the requirements of Section 16-7 of the
15Election Code, the referendum shall be in substantially the
16following form:
17    Shall (municipality) annex (area being annexed)?
18    Votes must be recorded as "yes" or "no".
19    (f) The referendum is approved and annexation may continue
20when a majority of voters residing in the municipality approve
21the referendum. If a majority of the voters residing in the
22municipality vote against the referendum, the municipality may
23not attempt to annex the territory for a period of no less than
242 years from the date it approved the ordinance, resolution, or
25vote authorizing the annexation of the territory.
 
26    Section 99. Effective date. This Act takes effect upon

 

 

HB5727- 3 -LRB100 19367 AWJ 34633 b

1becoming law.