Full Text of HB0347 100th General Assembly
HB0347 100TH GENERAL ASSEMBLY |
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HB0347 Introduced , by Rep. David McSweeney SYNOPSIS AS INTRODUCED: |
| New Act | | 10 ILCS 5/28-7 | from Ch. 46, par. 28-7 |
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Creates the Citizens Empowerment Act. Provides that electors may petition for a referendum at the next general election to dissolve a unit of local government. Sets forth the requirements for the petition, together with the form and requirements for the ballot referendum. Provides for the transfer of all real and personal property, and any other assets, together with all personnel, contractual obligations, and liabilities of the dissolving unit of local government to the receiving unit of local government. Amends the Election Code to provide exceptions for the Citizens Empowerment Act. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| | | HB0347 | | LRB100 04326 AWJ 14332 b |
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| 1 | | AN ACT concerning local government.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 1. Short title. This Act may be cited as the | 5 | | Citizens Empowerment Act. | 6 | | Section 5. Scope. The method of dissolution of a unit of | 7 | | local government under this Act shall be in addition to any | 8 | | other method of dissolving a unit of local government provided | 9 | | by law or otherwise. | 10 | | Section 10. Definitions. As used in this Act: | 11 | | "Dissolving unit of local government" means the unit of | 12 | | local government proposed to be dissolved by referendum under | 13 | | this Act.
| 14 | | "Electors" means the registered voters of the dissolving | 15 | | unit of local government and the registered voters of the | 16 | | receiving unit of local government.
| 17 | | "Receiving unit of local government" means the unit of | 18 | | local government receiving the rights, duties, and liabilities | 19 | | of the unit of local government proposed be dissolved by | 20 | | referendum under this Act. | 21 | | Section 15. Petition requirements; notice.
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| | | HB0347 | - 2 - | LRB100 04326 AWJ 14332 b |
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| 1 | | (a) Subject to the petition requirements of Section 28-3 of | 2 | | the Election Code, petitions for a referendum to dissolve any | 3 | | unit of local government must be filed both with the governing | 4 | | board of the dissolving unit of local governmental and the | 5 | | governing board of the receiving unit of local government not | 6 | | less than 122 days prior to a general election. Petitions must | 7 | | include:
| 8 | | (1) the dissolving unit of local government;
| 9 | | (2) the receiving unit of local government;
| 10 | | (3) the date of dissolution;
| 11 | | (4) signatures of a number of electors equal to or | 12 | | greater than 5% of the total votes cast in the preceding | 13 | | general election; and
| 14 | | (5) an affidavit of publication, attesting that notice | 15 | | of the petition to dissolve a local unit of government was | 16 | | published in a newspaper of general circulation within the | 17 | | territory of the dissolving unit of local government and | 18 | | the receiving unit of local government at least 122 days | 19 | | and no more than 152 days prior to the general election at | 20 | | which the referendum is to be voted upon.
| 21 | | All signatures gathered under paragraph (4) of this | 22 | | subsection (a) must be signed within 365 days prior to the | 23 | | filing of a petition. A unit of local government may by | 24 | | ordinance or resolution limit the time signatures must be | 25 | | signed to less than 365 days prior to the filing of the | 26 | | petition but no less than 180 days before the filing of a |
| | | HB0347 | - 3 - | LRB100 04326 AWJ 14332 b |
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| 1 | | petition. If either the dissolving unit of local government or | 2 | | receiving unit of local government has such an ordinance or | 3 | | resolution, the petition shall not be placed on the ballot if | 4 | | any signatures do not meet the requirements of any ordinance or | 5 | | resolution. | 6 | | (b) The proposed date of dissolution shall be at least 90 | 7 | | days after the date of the election at which the referendum is | 8 | | to be voted upon.
| 9 | | (c) The parties filing a petition under this Section shall | 10 | | give notice in substantially the following form: | 11 | | NOTICE OF PETITION TO DISSOLVE [dissolving unit of local | 12 | | government].
| 13 | | Residents of [dissolving unit of local government] and | 14 | | [receiving unit of local government] are notified that a | 15 | | petition will be filed with [dissolving unit of local | 16 | | government] and [receiving unit of local government] | 17 | | requesting a referendum to dissolve [dissolving unit of | 18 | | local government] on [date of dissolution] with all real | 19 | | and personal property, and any other assets, together with | 20 | | all personnel, contractual obligations, and liabilities | 21 | | being transferred to [receiving unit of local government].
| 22 | | Section 20. Ballot placement. A petition that meets the | 23 | | requirements of Section 15 shall be placed on the ballot in the | 24 | | form provided for in Section 25 at the general election next |
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| 1 | | following. Failure to publish the required notice of petition | 2 | | shall render the petition, and the results of any referendum | 3 | | held on the petition, null and void. | 4 | | Section 25. Referendum; voting. | 5 | | (a) Subject to the requirements of Section 16-7 of the | 6 | | Election Code, the referendum described in Section 20 shall be | 7 | | in substantially the following form on the ballot: | 8 | | -----------
| 9 | | Shall the [dissolving
| 10 | | unit of local government] be
| 11 | | dissolved on [date of dissolution] YES
| 12 | | with all of its property,
| 13 | | assets, personnel, obligations, and -------------------------
| 14 | | liabilities being transferred to
| 15 | | [receiving unit of local government]? NO
| 16 | | ------------------------------------------------------------- | 17 | | (b) The referendum is approved when:
| 18 | | (1) three-fifths of those voting on the amendment or a | 19 | | majority of those voting in the election from the | 20 | | dissolving unit of local government approve the | 21 | | referendum; and
| 22 | | (2) three-fifths of those voting on the amendment or a | 23 | | majority of those voting in the election from electors of | 24 | | the receiving unit of local government approve the | 25 | | referendum.
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| | | HB0347 | - 5 - | LRB100 04326 AWJ 14332 b |
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| 1 | | Section 30. Dissolution; transfer of rights and duties. | 2 | | When the dissolution of a unit of local government has been | 3 | | approved under Section 25:
| 4 | | (a) On or before the date of dissolution, all real and | 5 | | personal property, and any other assets, together with all | 6 | | personnel, contractual obligations, and liabilities of the | 7 | | dissolving unit of local government shall be transferred to the | 8 | | receiving unit of local government.
| 9 | | (b) On the date of dissolution, the dissolving unit of | 10 | | local government is dissolved.
| 11 | | (c) On and after the date of dissolution, all rights and | 12 | | duties of the dissolved unit of local government, including, | 13 | | but not limited to, the authority to tax (if any), may be | 14 | | exercised by the governing board of the receiving unit of local | 15 | | government. | 16 | | Section 100. The Election Code is amended by changing | 17 | | Section 28-7 as follows:
| 18 | | (10 ILCS 5/28-7) (from Ch. 46, par. 28-7)
| 19 | | Sec. 28-7.
Except as provided in the Citizens Empowerment | 20 | | Act, in In any case in which Article VII or paragraph (a) of | 21 | | Section 5 of
the
Transition Schedule of the Constitution | 22 | | authorizes any action to be
taken by or with respect to any | 23 | | unit of local government, as defined in
Section 1 of Article |
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| 1 | | VII of the Constitution, by or subject to approval
by | 2 | | referendum, any such public question shall be initiated in
| 3 | | accordance with this Section.
| 4 | | Any such public question may be initiated by the governing | 5 | | body of the
unit of local government by resolution or by the | 6 | | filing with the clerk or
secretary of the
governmental unit of | 7 | | a petition signed by a number of qualified electors
equal to or | 8 | | greater than at least 8% of the total votes cast for candidates | 9 | | for Governor in the preceding gubernatorial election, | 10 | | requesting the submission of the proposal
for such action to | 11 | | the voters
of the governmental unit at a regular election.
| 12 | | If the action to be taken requires a referendum involving 2 | 13 | | or more
units of local government, the proposal shall be | 14 | | submitted to the voters
of such governmental units by the | 15 | | election authorities with jurisdiction
over the territory of | 16 | | the governmental units. Such multi-unit proposals
may be | 17 | | initiated by appropriate
resolutions by the respective | 18 | | governing bodies or by
petitions of the voters of the several | 19 | | governmental units filed with the
respective clerks or | 20 | | secretaries.
| 21 | | This Section is intended to provide a method of submission | 22 | | to
referendum in all cases of proposals for actions which are | 23 | | authorized by
Article VII of the Constitution by or subject to | 24 | | approval by referendum
and supersedes any conflicting | 25 | | statutory provisions except those
contained in the "County | 26 | | Executive
Act" or the Citizens Empowerment Act .
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| 1 | | Referenda provided for in this Section may not be held more | 2 | | than once
in any 23-month period on the same proposition, | 3 | | provided that in any
municipality a referendum to elect not to | 4 | | be a home rule unit may be held
only once within
any 47-month | 5 | | period.
| 6 | | (Source: P.A. 97-81, eff. 7-5-11.)
| 7 | | Section 999. Effective date. This Act takes effect upon | 8 | | becoming law.
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