Full Text of SB3064 93rd General Assembly
SB3064ham001 93RD GENERAL ASSEMBLY
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Executive Committee
Adopted in House Comm. on May 12, 2004
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LRB093 20753 RAS 50488 a |
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| AMENDMENT TO SENATE BILL 3064
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| AMENDMENT NO. ______. Amend Senate Bill 3064 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Election Code is amended by changing | 5 |
| Section 28-1 and by adding Section 28-14 as follows:
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| (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
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| 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 of | 11 |
| this Article.
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| 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.
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| 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.
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| All public questions shall be initiated, submitted and | 22 |
| printed on the
ballot in the form required by Section 16-7 of | 23 |
| this Act, except as may
otherwise be specified in the statute | 24 |
| authorizing a public question.
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LRB093 20753 RAS 50488 a |
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| Whenever a statute provides for the initiation of a public | 2 |
| question
by a petition of electors, the provisions of such | 3 |
| statute shall govern
with respect to the number of signatures | 4 |
| required, the qualifications of
persons entitled to sign the | 5 |
| petition, the contents of the petition, the
officer with whom | 6 |
| the petition must be filed, and the form of the
question to be | 7 |
| submitted. If such statute does not specify any of the
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| foregoing petition requirements, the corresponding petition | 9 |
| requirements
of Section 28-6 shall govern such petition.
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| Irrespective of the method of initiation, not more than 3 | 11 |
| public
questions other than (a) back door referenda, (b) | 12 |
| referenda to
determine whether a disconnection may take place | 13 |
| where a city coterminous
with a township is proposing to annex | 14 |
| territory from an adjacent township, (c) referenda held under | 15 |
| the provisions of the Property Tax Extension
Limitation Law in | 16 |
| the Property Tax Code, or (d) referenda held under
Section | 17 |
| 2-3002 of the Counties Code may be submitted to
referendum with | 18 |
| respect to a political
subdivision at the same election.
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| If more than 3 propositions are timely initiated or | 20 |
| certified for
submission at an election with respect to a | 21 |
| political subdivision, the
first 3 validly initiated, by the | 22 |
| filing of a petition or by the
adoption of a resolution or | 23 |
| ordinance of a political subdivision, as the
case may be, shall | 24 |
| be printed on the ballot and submitted at that
election. | 25 |
| However, except as expressly authorized by law not more than
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| one proposition to change the form of government of a | 27 |
| municipality
pursuant to Article VII of the Constitution may be | 28 |
| submitted at an
election. If more than one such proposition is | 29 |
| timely initiated or
certified for submission at an election | 30 |
| with respect to a municipality,
the first validly initiated | 31 |
| shall be the one printed on the ballot and
submitted at that | 32 |
| election.
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| No public question shall be submitted to the voters of a | 34 |
| political
subdivision at any regularly scheduled election at |
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| which such voters are
not scheduled to cast votes for any | 2 |
| candidates for nomination for, election
to or retention in | 3 |
| public office, except that if, in any existing or proposed
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| political subdivision in which the submission of a public | 5 |
| question at a
regularly scheduled election is desired, the | 6 |
| voters of only a portion of
such existing or proposed political | 7 |
| subdivision are not scheduled to cast votes
for nomination for, | 8 |
| election to or retention in public office at such election,
but | 9 |
| the voters in one or more other portions of such existing or | 10 |
| proposed
political subdivision are scheduled to cast votes for | 11 |
| nomination for, election
to or retention in public office at | 12 |
| such election, the public question shall be
voted upon by all | 13 |
| the qualified voters of the entire existing or proposed
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| political subdivision at the election.
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| Not more than 3 advisory public questions may be submitted | 16 |
| to the
voters of the entire state at a general election. If | 17 |
| more than 3 such advisory
propositions are initiated, the first | 18 |
| 3 timely and validly initiated
shall be the questions printed | 19 |
| on the ballot and submitted at that
election; provided however, | 20 |
| that a question for a proposed amendment to
Article IV of the | 21 |
| Constitution pursuant to Section 3, Article XIV of the
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| Constitution, or for a question submitted under the Property | 23 |
| Tax Cap
Referendum Law, or a question submitted under Section | 24 |
| 28-14 of this Code shall not be included in the foregoing | 25 |
| limitation.
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| (Source: P.A. 93-308, eff. 7-23-03.)
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| (10 ILCS 5/28-14 new) | 28 |
| Sec. 28-14. Treatment-on-demand referendum. | 29 |
| (a) An advisory referendum on the following question shall | 30 |
| be held in every county at the general election in 2004: | 31 |
| "Shall the Illinois State Government provide adequate | 32 |
| funding for comprehensive and appropriate substance abuse | 33 |
| treatment for any Illinois State resident requesting services |
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| from a licensed provider, community-based organization, or | 2 |
| medical care facility within the State?". | 3 |
| Votes shall be recorded as "Yes" or "No".
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| (b) The State Board of Elections shall certify the question | 5 |
| to the proper election officials who shall submit the question | 6 |
| in accordance with the general election law.
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| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
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