Illinois General Assembly - Full Text of HB0138
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Full Text of HB0138  93rd General Assembly

HB0138ham001 93rd General Assembly



                                     LRB093 03373 MKM 10871 a

 1                     AMENDMENT TO HOUSE BILL 138

 2        AMENDMENT NO.     .  Amend House Bill  138  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Election  Code is amended by changing
 5    Section 28-1 as follows:

 6        (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
 7        Sec. 28-1.  The initiation and submission of  all  public
 8    questions to be voted upon by the electors of the State or of
 9    any   political   subdivision  or  district  or  precinct  or
10    combination of precincts shall be subject to  the  provisions
11    of this Article.
12        Questions  of  public  policy which have any legal effect
13    shall be submitted to referendum  only  as  authorized  by  a
14    statute  which  so  provides or by the Constitution. Advisory
15    questions of public policy shall be submitted  to  referendum
16    pursuant  to  Section  28-5 or pursuant to a statute which so
17    provides.
18        The method of  initiating  the  submission  of  a  public
19    question shall be as provided by the statute authorizing such
20    public question, or as provided by the Constitution.
21        All  public  questions  shall be initiated, submitted and
22    printed on the ballot in the form required by Section 16-7 of
                            -2-      LRB093 03373 MKM 10871 a
 1    this Act, except as may otherwise be specified in the statute
 2    authorizing a public question.
 3        Whenever a statute  provides  for  the  initiation  of  a
 4    public  question by a petition of electors, the provisions of
 5    such statute shall govern  with  respect  to  the  number  of
 6    signatures  required,  the qualifications of persons entitled
 7    to sign the petition,  the  contents  of  the  petition,  the
 8    officer with whom the petition must be filed, and the form of
 9    the  question  to  be  submitted.  If  such  statute does not
10    specify any  of  the  foregoing  petition  requirements,  the
11    corresponding  petition  requirements  of  Section 28-6 shall
12    govern such petition.
13        Irrespective of the method of initiation, not more than 3
14    public questions other than  (a)  back  door  referenda,  (b)
15    referenda to determine whether a disconnection may take place
16    where  a  city  coterminous  with  a township is proposing to
17    annex territory from an adjacent township, or  (c)  referenda
18    held  under  the  provisions  of  the  Property Tax Extension
19    Limitation Law in the Property Tax  Code,  or  (d)  referenda
20    held  under  Section  2-3002  of  the  Counties  Code  may be
21    submitted  to  referendum  with  respect   to   a   political
22    subdivision at the same election.
23        If  more  than  3  propositions  are  timely initiated or
24    certified for submission at an election  with  respect  to  a
25    political  subdivision, the first 3 validly initiated, by the
26    filing of a petition or by the adoption of  a  resolution  or
27    ordinance  of  a  political  subdivision, as the case may be,
28    shall  be  printed  on  the  ballot  and  submitted  at  that
29    election. However, except as expressly authorized by law  not
30    more than one proposition to change the form of government of
31    a  municipality  pursuant  to Article VII of the Constitution
32    may be submitted at  an  election.  If  more  than  one  such
33    proposition  is  timely initiated or certified for submission
34    at an election with respect  to  a  municipality,  the  first
                            -3-      LRB093 03373 MKM 10871 a
 1    validly  initiated shall be the one printed on the ballot and
 2    submitted at that election.
 3        No public question shall be submitted to the voters of  a
 4    political  subdivision at any regularly scheduled election at
 5    which such voters are not scheduled to  cast  votes  for  any
 6    candidates  for  nomination  for, election to or retention in
 7    public office, except that if, in any  existing  or  proposed
 8    political  subdivision  in  which  the submission of a public
 9    question at a regularly scheduled election  is  desired,  the
10    voters  of  only  a  portion  of  such  existing  or proposed
11    political subdivision are not scheduled  to  cast  votes  for
12    nomination  for, election to or retention in public office at
13    such election, but the voters in one or more  other  portions
14    of  such  existing  or  proposed  political  subdivision  are
15    scheduled  to  cast  votes for nomination for, election to or
16    retention in public  office  at  such  election,  the  public
17    question  shall  be voted upon by all the qualified voters of
18    the entire existing or proposed political subdivision at  the
19    election.
20        Not   more  than  3  advisory  public  questions  may  be
21    submitted to the voters of the  entire  state  at  a  general
22    election.  If  more  than  3  such  advisory propositions are
23    initiated, the first 3 timely and validly initiated shall  be
24    the  questions  printed  on  the ballot and submitted at that
25    election; provided however, that a question  for  a  proposed
26    amendment  to  Article  IV  of  the  Constitution pursuant to
27    Section 3, Article XIV of the Constitution, or for a question
28    submitted under the Property Tax Cap  Referendum  Law,  shall
29    not be included in the foregoing limitation.
30    (Source: P.A. 88-116; 89-510, eff. 7-11-96.)

31        Section  10.   The  Counties  Code is amended by changing
32    Sections 2-3002 and 2-3003 as follows:
                            -4-      LRB093 03373 MKM 10871 a
 1        (55 ILCS 5/2-3002) (from Ch. 34, par. 2-3002)
 2        Sec.  2-3002.  Counties  with  population  of  less  than
 3    3,000,000 and with township form of government.
 4        (a)  Reapportionment required. By July 1, 1971, and  each
 5    10 years thereafter, the county board of each county having a
 6    population   of  less  than  3,000,000  inhabitants  and  the
 7    township form of government shall reapportion its  county  so
 8    that  each  member  of  the  county board represents the same
 9    number of inhabitants.  In  reapportioning  its  county,  the
10    county  board  shall  first  determine the size of the county
11    board to be elected, which may consist of not less than 5 nor
12    more than 29 members and may  not  exceed  the  size  of  the
13    county  board  in that county on October 2, 1969.  The county
14    board shall also determine whether  board  members  shall  be
15    elected   at  large  from  the  county  or  by  county  board
16    districts.
17        If the chairman of the county board is to be  elected  by
18    the  voters  in  a  county of less than 450,000 population as
19    provided in  Section  2-3007,  such  chairman  shall  not  be
20    counted  as  a  member of the county board for the purpose of
21    the limitations on the size of a  county  board  provided  in
22    this Section.
23        (b)  Advisory  referenda.   The  voters  of  a county may
24    advise the county board, through an advisory  referendum,  on
25    questions  concerning (i) the number of members of the county
26    board to be elected, (ii) whether the board members should be
27    elected from single-member districts, multi-member districts,
28    or at-large, (iii) whether voters will have cumulative voting
29    rights in the election of county board members, or  (iv)  any
30    combination  of  the  preceding  3  questions.   The advisory
31    referendum  may  be  initiated  either  by  petition  or   by
32    ordinance  of  the  county  board.  A written petition for an
33    advisory referendum authorized by this Section  must  contain
34    the  signatures  of  at  least  8%  of  the  votes  cast  for
                            -5-      LRB093 03373 MKM 10871 a
 1    candidates   for  Governor  in  the  preceding  gubernatorial
 2    election by the registered voters of the county and  must  be
 3    filed  with the appropriate election authority.  An ordinance
 4    initiating an advisory referendum authorized by this  Section
 5    must  be  approved by a majority of the members of the county
 6    board  and  must  be  filed  with  the  appropriate  election
 7    authority.   An  advisory  referendum  initiated  under  this
 8    Section shall be placed on the ballot at the general election
 9    designated in the petition or ordinance.
10    (Source: P.A. 86-962.)

11        (55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)
12        Sec. 2-3003.  Apportionment plan. (1) If the county board
13    determines that members shall be  elected  by  districts,  it
14    shall develop an apportionment plan and specify the number of
15    districts  and  the  number  of  county  board  members to be
16    elected from each  district  and  whether  voters  will  have
17    cumulative voting rights in multi-member districts. Each such
18    district:
19        a.  Shall be equal in population to each other district;
20        b.  Shall be comprised of contiguous territory, as nearly
21    compact as practicable; and
22        c.  May  divide  townships  or  municipalities  only when
23    necessary  to  conform  to  the  population  requirement   of
24    paragraph a. of this Section.
25        d.  Shall be created in such a manner so that no precinct
26    shall  be  divided between 2 or more districts, insofar as is
27    practicable.
28        (2)  The county board of each county having a  population
29    of  less  than  3,000,000  inhabitants  may,  if it should so
30    decide,  provide  within  that  county  for   single   member
31    districts  outside  the  corporate  limits  and  multi-member
32    districts  within  the  corporate  limits of any municipality
33    with a population in excess of 75,000.  Paragraphs  a,  b,  c
                            -6-      LRB093 03373 MKM 10871 a
 1    and  d  of  subsection (1) of this Section shall apply to the
 2    apportionment  of  both  single  and  multi-member  districts
 3    within a county to the extent that compliance with paragraphs
 4    a, b,  c  and  d  still  permit  the  establishment  of  such
 5    districts,  except  that  the  population of any multi-member
 6    district shall be equal  to  the  population  of  any  single
 7    member  district,  times  the  number of members found within
 8    that multi-member district.
 9    (Source: P.A. 86-962.)

10        Section 99.  Effective date.  This Act takes effect  upon
11    becoming law.".