HC0010 103RD GENERAL ASSEMBLY

LRB103 25813 DTM 52164 e

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0010

Introduced 2/22/2023, by Rep. Blaine Wilhour

SYNOPSIS AS INTRODUCED:

ILCON Art. IV, Sec. 16 new

Amends the Legislature Article of the Illinois Constitution. Provides for a referendum presented to the electors to approve or reject statutes or parts of statutes. Provides further requirements concerning referendum petitions, referendum elections, and the application of the referendum if approved by the electors. Effective upon being declared adopted.

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend the Illinois Constitution in Article IV by adding Section 16 as follows:

ARTICLE IV

THE LEGISLATURE

(ILCON Art. IV, Sec. 16 new) SECTION 16. REFERENDUM ON STATUTES

(a) The referendum is the power of the electors to approve or reject statutes or parts of statutes, except urgency statutes, statutes calling elections, and statutes providing for tax levies or appropriations for usual current expenses of the State.

(b) A referendum measure may be proposed by presenting to the Secretary of State, within 90 days after the enactment date of the statute, a petition certified to have been signed by electors equal in number to 5% of the votes for all candidates for Governor at the last gubernatorial election, asking that the statute or part of it be submitted to the electors. In the case of a statute enacted by a bill passed by the General Assembly on or before the date the General Assembly adjourns for a joint recess to reconvene in the second calendar year of the biennium of the legislative session, and in the possession of the Governor after that date, the petition may not be presented on or after January 1 next following the enactment date unless a copy of the petition is submitted to the Attorney General.

(c) The Secretary of State shall then submit the measure at the next general election held at least 31 days after it qualifies.

(d) A referendum approved by a majority of votes cast thereon takes effect on the fifth day after the Secretary of State files the statement of the vote for the election at which the measure is voted on, but the measure may provide that it becomes operative after its effective date. If a referendum petition is filed against a part of a statute, the remainder of the statute shall not be delayed from going into effect.

(e) If provisions of two or more measures approved at the same election conflict, the provisions of the measure receiving the highest number of affirmative votes shall prevail.

(f) The General Assembly may amend or repeal a referendum statute.

(g) Before circulation of a referendum petition for signatures, a copy shall be submitted to the Attorney General who shall prepare a title and summary of the measure as provided by law.

(h) The General Assembly shall provide for the manner in which a petition shall be circulated, presented, and certified, and the manner in which a measure shall be submitted to the electors.

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.