Bill
HB 5282
HB 5282 creates a formal process for large Illinois cities to adopt a charter via an independent commission, outlining governance structure but prohibiting substantive policy manda
Status: Amendment to House Bill 5282 (Municipal Home Rule Charter Act) filed 4/9/2026; referred to Rules Committee after floor actions.
Sponsor: Rep. Kam Buckner (co-sponsor)
Purpose
- Create a framework for large Illinois municipalities (population over 500,000) to adopt a municipal charter via a charter commission, thereby establishing a charter as the municipality’s organic law governing structure and governance—subject to constitutional constraints.
- Provide a structured, bipartisan process to study, draft, and submit charter provisions to voters, with explicit limitations on the scope of charter provisions (focusing on governance structure, organization, budgets, elections, ethics, etc., while prohibiting substantive public policy mandates).
Key Provisions and Changes (Substantive Provisions)
1) Short Title
- Act may be cited as the Municipal Home Rule Charter Act.
2) Findings
- Recognizes the value of municipal charters and home rule authority, noting that many large U.S. cities operate under charters and that charter adoption reflects local values.
3) Adoption of a Charter (Section 10)
- A home rule municipality with a population over 500,000 May adopt a charter to govern municipal affairs.
- The charter is the municipality’s organic law, subordinate to the U.S. and Illinois Constitutions and other applicable law.
- The charter may establish organization and governance, including officers, their selection, terms, departments, and legislative structure. It cannot prescribe substantive public policy.
- Adoption of a charter terminates Article 21 of the Revised Cities and Villages Act for that municipality; the charter is considered a form of government authorized by law.
4) Creation of a Charter Commission (Section 15)
- A charter commission may be created for a municipality over 500,000 by:
- Mayor’s executive order, or
- City ordinance, or
- By the electors (voters) pursuant to Section 35.
- If electors establish the commission, no other form of commission may be established for 2 years (during this period, any existing mayor/ council-established commission is abolished once the electors’ commission is created).
- Commission names differ by method of creation (e.g., Chicago Charter Commission if established by electors; Mayor’s Commission if by mayor; City Council Charter Commission if by ordinance).
- Eligibility and ethics requirements for commissioners: 18+, registered voter in the municipality, 5-year residence, no current elective office, and restricted relations to mayor/council members. Commissioners cannot have financial interests in entities doing business with the municipality during service, with some allowances for publicly traded stock.
- Compensation: Commissioners serve without pay but may be reimbursed for reasonable expenses.
- Powers: The commission can designate officers and adopt rules; chair and vice-chair roles explained.
5) Commission Meetings and Term (Section 20)
- First meeting within 30 days of establishment.
- Public body under Open Meetings Act and FOIA.
- Must hold regular public hearings to inform the electorate.
- Commission automatically abolished 90 days after the public questions for charter are certified for submission to voters.
6) Commission Scope (Section 25)
- May study and propose charter provisions on: governance structure, department organization, budget process, election structure/timing, ethics, transparency, oversight.
- May not propose substantive policy mandates, operational staffing/funding mandates, or actions regulated by state or federal law.
- Within 30 days of first meeting, must adopt an initial scope resolution outlining topics, staffing, public input process, and when ballot questions will be put to voters. Additions to scope require a 6-of-11 vote at a public meeting.
7) Preparation and Submission of Charter (Section 30)
- Commission drafts charter or revisions and presents to electors.
- Ballot questions may be on one or multiple provisions and will be voted on at a general, primary, or consolidated municipal election.
- The commission drafts the necessary explanations and summaries for ballot materials.
8) Voter Establishment of a Commission (Section 35)
- Electors may petition to establish a commission (threshold: 10% of total gubernatorial votes cast in the previous election).
- Clerk must automatically submit the question to the electorate at the next applicable election (with certain timing triggers every 10 years after certain events).
- Ballot question requires a majority vote to establish the commission; establishment triggers the process outlined above.
9) Election of Commissioners (Section 40)
- Details for Chicago-specific nominating petitions and election mechanics for a commission established by electors (non-partisan elections; petition and candidacy requirements; ethics disclosures).
10) Home Rule Limitation (Section 45)
- Provisions clarify that the act governs the creation of charter commissions and charters and acts as a limitation on existing home rule powers to the extent described.
11) Election Code Amendments (Section 900)
- Related amendments to Election Code sections (28-5 and 28-7) to align with the new charter process, including certification timings for public questions, ballot language requirements, emergency referenda processes, and multi-jurisdiction referenda rules. Adds consistency for referenda initiated to create or revise charters.
Affected Parties
Procedural/Timelines
Bottom Line
HB 5282 proposes a formal, highly structured process for large Illinois cities to adopt a municipal charter as a primary governing document, including creation of a charter commission, defined scope limits, public participation requirements, and explicit ballot-initiative timelines. The act emphasizes governance structure and oversight but restricts charter provisions from enacting substantive policy mandates or overriding state/federal law.
Compiled from official sources — confirm details with the bill’s official record.
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