August
17, 2012
To
the Honorable Members of the House of Representatives
97th
General Assembly
Today
I return House Bill 5207 with specific recommendations for change. The
underlying bill amends the Election Code by removing constitutional amendments
from provisions regarding the methodology used to validate petition signatures.
My recommendations for change do not alter this language. The changes do,
however, establish a mechanism - through petition initiative and binding
referendum - to enact ordinances that assist the veterans of our Armed Forces
in such ways as employment, job training, health care, and other services and
benefits. Access to these resources is among the most critical needs of the Illinois veterans’ community.
By
putting the power of petition and referenda in the hands of citizens at the
local level, we give each local unit of government a new instrument through
which residents can honor those who fought to defend precisely these
expressions of democracy and freedom.
As
an elected official, I understand how grateful constituents are for the service
and sacrifice of the men and women in the Armed Forces. This measure provides
citizens with a means of expressing their support at the local level and will
have a direct impact on Illinois’ past, present and future heroes in uniform.
Therefore, pursuant to Article IV, Section 9(e) of the
Illinois Constitution of 1970, I hereby return House Bill 5207, entitled “AN
ACT concerning elections.”, with the following specific recommendations for
change:
on page 1, line 5, after "28-12", by inserting
"and by adding Article 28A"; and
on
page 3, after line 6, by inserting the following:
"
(10 ILCS 5/Art. 28A heading new)
ARTICLE 28A. REFERENDUM FOR HELPING
VETERANS
(10 ILCS 5/28A-1 new)
Sec. 28A-1. Local government initiative
petition and referendum for helping veterans.
(a)
In order to promote the welfare of veterans of our nation’s armed forces, the
electors of any unit of local government may pass, by initiative petition and
referendum in the manner prescribed by this Article, a binding ordinance
relating to the subjects set forth in subsection (b) that the corporate
authorities of their unit of local government are empowered to pass.
(b)
A binding ordinance relating to helping veterans of any branch of service in
the armed forces of the United States may be proposed by a petition signed by
the number of electors equal to at least 8% of the total votes cast for
Governor at the last general election in the unit of local government. The
petition shall contain the text of the proposed ordinance and the date of the
regular or unit of local government election at which the proposed ordinance is
to be submitted, shall have been signed by petitioning electors not more than
12 months preceding the regular or unit of local government election, and shall
be filed with the clerk of the unit of local government at least 92 days before
that regular or unit of local government election. Ordinances that may be
proposed pursuant to this subsection (b) include, but are not limited to,
measures that provide job training opportunities for veterans or veterans’
employment or other measures that enable veterans to access health services, or
other services and benefits. Any ordinance proposed pursuant to this
subsection (b) that will require the imposition of a tax or fee of any kind, or
the expenditure of any public funds, shall specify, in the text of the
referendum question, the amount of any such tax, fee, or expenditure, on an
annual basis.
(c) If the corporate
authorities of the unit of local government, without amendment, pass the
binding ordinance proposed by such a petition filed with the clerk of the unit
of local government not less than 78 days prior to the regular or unit of local
government election at which the petition specifies the proposed binding
ordinance is to be submitted, then the proposed binding ordinance shall not be
submitted to the electors of the unit of local government.
(d)
Except as otherwise provided in this Article, petitions filed under this
Article shall be governed by Article 28 of this Code.
(e)
If no objection to a petition filed under subsection (b) is filed within 5
business days after such petition is filed or if an objection is filed and the
appropriate electoral official or board rules the petition sufficient, then the
clerk of the unit of local government shall submit the petition to the election
official or board for the unit of local government, and the election official
or board shall order the proposed ordinance submitted to the electors of the
unit of local government at the election specified in the petition.
(f) If, after the election
official or board of the unit of local government orders the proposed ordinance
to be submitted to the electors of the unit of local government, it determines
that the proposed ordinance is too long to be printed in its entirety on the
ballot, it shall ask the clerk of the unit of local government to provide a
concise statement of its nature. The election official or board shall then
cause either the entire
proposed ordinance or the concise statement to be printed on the ballot
together with a question permitting the elector to indicate approval or
disapproval of adoption of the proposed ordinance.
(g)
If a majority of those voting on the proposed ordinance indicate approval of
its adoption, it shall be passed and have the same effect as if it had been
passed by the corporate authorities of the unit of local government, except as
provided in subsection (h).
(h)
Ordinances adopted under this Article, either by approval of electors at an
election or by passage by the corporate authorities under subsection (c), shall
not be repealed or amended within 4 years after adoption except by vote of the
electors.
(i) The corporate
authorities of a unit of local government may submit to its electorate a
proposition to repeal or amend an ordinance adopted under this Article at any
election in conformance with Article 28 of this Code.”.
With these changes, House Bill 5207 will have my approval.
I respectfully request your concurrence.
Sincerely,
PAT QUINN
Governor