Bill Text: IL HB5276 | 2021-2022 | 102nd General Assembly | Introduced

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Bill Title: Creates the Citizens Empowerment Act. Provides that electors may petition for a referendum at the next general election to dissolve a unit or units 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 or units of local government to the receiving unit or units of local government. Amends the Election Code to provide exceptions for the Citizens Empowerment Act. Effective immediately.

Spectrum: Partisan Bill (Democrat 1-0)

Status: (Introduced - Dead) 2022-02-15 - To Clean Energy Subcommittee [HB5276 Detail]

Download: Illinois-2021-HB5276-Introduced.html

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102ND GENERAL ASSEMBLY State of Illinois 2021 and 2022 HB5276 Introduced , by Rep. Jonathan Carroll SYNOPSIS AS INTRODUCED:
New Act
10 ILCS 5/28-7 from Ch. 46, par. 28-7
Creates the Citizens Empowerment Act. Provides that electors may petition for a referendum at the next general election to dissolve a unit or units 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 or units of local government to the receiving unit or units of local government. Amends the Election Code to provide exceptions for the Citizens Empowerment Act. Effective immediately.
LRB102 25135 AWJ 34397 b
A BILL FOR
HB5276 LRB102 25135 AWJ 34397 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 1. Short title. This Act may be cited as the
Citizens Empowerment Act.
Section 5. Scope. The method of dissolution of a unit of
local government under this Act shall be in addition to any
other method of dissolving a unit of local government provided
by law or otherwise.
Section 10. Definitions. As used in this Act:
"Dissolving unit of local government" means a unit of
local government proposed to be dissolved by referendum under
this Act.
"Electors" means the registered voters of a dissolving
unit of local government and the registered voters of the
receiving unit of local government.
"Receiving unit of local government" means a unit of local
government receiving the rights, duties, and liabilities of a
dissolving unit of local government.
Section 15. Petition requirements; notice.
(a) Subject to the petition requirements of Section 28-3

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of the Election Code, petitions for a referendum to dissolve
one or more units of local government must be filed both with
the governing board of each dissolving unit of local
government and the governing board of each receiving unit of
local government not less than 122 days prior to a general
election. Petitions must include:
(1) the dissolving unit or units of local government;
(2) the receiving unit or units of local government;
(3) the date of dissolution;
(4) signatures of a number of electors equal to or
greater than 5% of the total votes cast from each
dissolving unit of local government in the preceding
general election; and
(5) an affidavit of publication attesting that notice
of the petition to dissolve a unit of local government was
published in a newspaper of general circulation within the
territory of each dissolving unit of local government and
each receiving unit of local government at least 122 days
and no more than 152 days prior to the general election at
which the referendum is to be voted upon.
All signatures gathered under paragraph (4) of this
subsection must be signed within 365 days prior to the filing
of a petition. A unit of local government may by ordinance or
resolution limit the time in which signatures must be signed
to less than 365 days prior to the filing of the petition but
no less than 180 days before the filing of a petition. If any

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of the dissolving units of local government or receiving units
of local government have such an ordinance or resolution, the
petition shall not be placed on the ballot if any signatures do
not meet the requirements of any ordinance or resolution.
(b) The proposed date of dissolution shall be at least 90
days after the date of the election at which the referendum is
to be voted upon.
(c) The parties filing a petition under this Section shall
give notice in substantially the following form to each
dissolving and receiving unit of local government:
NOTICE OF PETITION TO DISSOLVE (dissolving unit of local
government).
Residents of (dissolving unit or units of local
government) and (receiving unit of local government) are
notified that a petition will be filed with (dissolving
unit or units of local government) and (receiving unit of
local government) requesting a referendum to dissolve
(dissolving unit or units of local government) on (date of
dissolution) with all real and personal property, and any
other assets, together with all personnel, contractual
obligations, and liabilities being transferred to
(receiving unit of local government).
Section 20. Resolution or ordinance of county board or
governing board of another unit of local government. Subject

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to the requirements of Section 28-2 of the Election Code, any
resolution or ordinance for a referendum to dissolve any unit
or units of local government passed by both the governing
board or boards of the dissolving unit or units of local
government and the governing board of the receiving unit or
units of local government, or, in the case where both
dissolving unit or units of local government and receiving
unit or units of local government reside in a single county,
any county board resolution or ordinance for a referendum to
dissolve any unit or units of local government within that
county, must include:
(1) The dissolving unit or units of local government;
(2) The receiving unit or units of local government;
(3) The date of dissolution;
Section 25. Ballot placement. A petition that meets the
requirements of Section 15 shall be placed on the ballot in the
form provided for in Section 30 at the general election next
following. Failure to publish the required notice of petition
shall render the petition, and the results of any referendum
held on the petition, null and void.
Section 30. Referendum; voting.
(a) Subject to the requirements of Section 16-7 of the
Election Code, the referendum described in Section 25 shall be
in substantially the following form on the ballot in each

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dissolving unit of local government and receiving unit of
local government:
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Shall the (dissolving
unit or units of local government) be
dissolved on (date of dissolution) YES
with all of its property,
assets, personnel, obligations, and -------------------------
liabilities being transferred to
(receiving unit of local government)? NO
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(b) The referendum is approved when:
(1) three-fifths of those voting on the amendment or a
majority of those voting in the election from each
dissolving unit of local government approve the
referendum; and
(2) three-fifths of those voting on the amendment or a
majority of those voting in the election from electors of
the receiving unit of local government approve the
referendum.
Section 35. Dissolution; transfer of rights and duties.
When the dissolution of a unit of local government has been
approved under Section 30:
(a) On or before the date of dissolution, all real and
personal property, and any other assets, together with all

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personnel, contractual obligations, and liabilities of each
dissolving unit of local government shall be transferred to
the receiving unit of local government.
(b) On the date of dissolution, each dissolving unit of
local government is dissolved.
(c) On and after the date of dissolution, all rights and
duties of each dissolved unit of local government, including,
but not limited to, the authority to tax (if any), may be
exercised by the governing board of the receiving unit of
local government.
Section 50. The Election Code is amended by changing
Section 28-7 as follows:
(10 ILCS 5/28-7) (from Ch. 46, par. 28-7)
Sec. 28-7. Except as provided in Article 24 of the
Township Code and the Citizens Empowerment Act, in any case in
which Article VII or paragraph (a) of Section 5 of the
Transition Schedule of the Constitution authorizes any action
to be taken by or with respect to any unit of local government,
as defined in Section 1 of Article VII of the Constitution, by
or subject to approval by referendum, any such public question
shall be initiated in accordance with this Section.
Any such public question may be initiated by the governing
body of the unit of local government by resolution or by the
filing with the clerk or secretary of the governmental unit of

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a petition signed by a number of qualified electors equal to or
greater than at least 8% of the total votes cast for candidates
for Governor in the preceding gubernatorial election,
requesting the submission of the proposal for such action to
the voters of the governmental unit at a regular election.
If the action to be taken requires a referendum involving
2 or more units of local government, the proposal shall be
submitted to the voters of such governmental units by the
election authorities with jurisdiction over the territory of
the governmental units. Such multi-unit proposals may be
initiated by appropriate resolutions by the respective
governing bodies or by petitions of the voters of the several
governmental units filed with the respective clerks or
secretaries.
This Section is intended to provide a method of submission
to referendum in all cases of proposals for actions which are
authorized by Article VII of the Constitution by or subject to
approval by referendum and supersedes any conflicting
statutory provisions except those contained in Division 2-5 of
the Counties Code, or Article 24 of the Township Code, or the
Citizens Empowerment Act.
Referenda provided for in this Section may not be held
more than once in any 23-month period on the same proposition,
provided that in any municipality a referendum to elect not to
be a home rule unit may be held only once within any 47-month
period.

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(Source: P.A. 100-863, eff. 8-14-18; 101-230, eff. 8-9-19.)
Section 99. Effective date. This Act takes effect upon
becoming law.