Illinois General Assembly - Full Text of HB5777
Illinois General Assembly

Previous General Assemblies

Full Text of HB5777  100th General Assembly


Rep. Sam Yingling

Filed: 4/26/2018





10000HB5777ham001LRB100 19717 AWJ 39340 a


2    AMENDMENT NO. ______. Amend House Bill 5777 by replacing
3everything after the enacting clause with the following:
4    "Section 5. The Illinois Municipal Code is amended by
5changing the heading of Division 2 of Article 7 and Section
67-2-1 as follows:
7    (65 ILCS 5/Art. 7 Div. 2 heading)

10    (65 ILCS 5/7-2-1)  (from Ch. 24, par. 7-2-1)
11    Sec. 7-2-1. Any 2 or more incorporated contiguous
12municipalities wholly or substantially situated in a single
13county may be united into one incorporated city or village as
14follows: by a compliance with Sections 7-1-16 and 7-1-17, with
15the following exceptions:



10000HB5777ham001- 2 -LRB100 19717 AWJ 39340 a

1    (1) If the municipalities are situated in the same county,
2a petition asking that the question of union of contiguous
3municipalities be submitted to the electors of each
4municipality shall be presented to the election authority for
5the county in which the municipalities are situated.
6    If the municipalities are situated in 2 or more counties, a
7petition asking that the question of union of contiguous
8municipalities be submitted to the electors of each
9municipality shall be presented to the election authority in
10the county in which the largest municipality (by population) is
11situated and, if the largest municipality is situated in 2 or
12more counties, in the county in which the largest
13municipality's municipal hall is located, and a copy of the
14petition shall be presented to all other election authorities
15in all other counties referencing where the petition has been
17    The petition (a) shall be signed by not less than 10% of
18the total number of electors of each of the municipalities
19sought to be united who voted at the last preceding election or
20250 such electors, whichever number is smaller, seeking a
21union, (b) shall state the name by which the united
22municipality is to be known, and (c) shall state the form of
23municipal government under which the united municipality is to
24be governed.
25    (2) The question shall be in substantially the following



10000HB5777ham001- 3 -LRB100 19717 AWJ 39340 a

2    Shall the city, village, or
3incorporated  town  (as  the
4case may be) of............
5and the city, village, or
6incorporated town (as the case        YES
7may be) of..........., (and
8in  this  manner  as  far as
9necessary, filling blanks with
10the names of the municipalities
11to be united), be united           --------------------------
12into a  single  municipality
13under the name of..........
14with the........... form of
15municipal government (filling
16the  blank  with  the  word           NO
17"City", "Aldermanic" or
18"Commission", "Strong Mayor",
19"Village", or the words
20"Managerial With Aldermen
21Chosen From Wards Or Districts"
22as the case may be)?
24    No other proposition shall appear thereon.
25    Subsection (a) of Section 28-2 of the Election Code applies
26to petitions for the union of contiguous municipalities. A



10000HB5777ham001- 4 -LRB100 19717 AWJ 39340 a

1union is not considered the creation or formation of a new
2political subdivision for purposes of Section 28 of the
3Election Code, and a petition for the union of contiguous
4municipalities is not subject to subsection (b) or (g) of
5Section 28-2 of the Election Code. The county election
6authority shall certify the question of the union to be
7submitted to the electors of each municipality at an election
8to be held in each municipality in accordance with general
9election law. Any objection to a petition to unite contiguous
10municipalities shall be made pursuant to Sections 10-8, 10-9,
1110-10, and 10-10.1 of the Election Code.
12    Any elected official, member, employee, or contractor of a
13city or village subject to a petition to unite shall be
14expressly prohibited from using any governmental or public
15resources in opposing or supporting the petition.
16    If the majority of the votes cast in each of the contiguous
17municipalities each municipality specified in the petition is
18in favor of the proposition, then those contiguous the
19municipalities are united. Any combination of cities and
20villages may unite into a city, and if multiple villages unite,
21they may unite into a single village or city as specified in
22the petition.
23    (3) If a majority of persons voting on the question vote
24against the proposition, no further propositions shall be had
25on the question for at least 22 months from the date of the
26election in which a majority of persons voted against the



10000HB5777ham001- 5 -LRB100 19717 AWJ 39340 a

1proposition. However, if a majority of persons voting on the
2question in 2 or more, but less than all, municipalities in the
3election vote in favor of the proposition, the 22-month
4prohibition does not apply to those municipalities in which a
5majority of persons voted in favor of the proposition.
6(Source: P.A. 87-278.)".