Full Text of HB0529 101st General Assembly
HB0529ham001 101ST GENERAL ASSEMBLY | Rep. Emanuel Chris Welch Filed: 3/21/2019
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| 1 | | AMENDMENT TO HOUSE BILL 529
| 2 | | AMENDMENT NO. ______. Amend House Bill 529 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Sections 28-1 and 28-2
and by adding Article 28A 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 of | 11 | | 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 |
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| 1 | | provides.
| 2 | | The method of initiating the submission of a public | 3 | | question shall be
as provided by the statute authorizing such | 4 | | public question, or as
provided by the Constitution.
| 5 | | All public questions shall be initiated, submitted and | 6 | | printed on the
ballot in the form required by Section 16-7 of | 7 | | this Act, except as may
otherwise be specified in the statute | 8 | | authorizing a public question.
| 9 | | Whenever a statute provides for the initiation of a public | 10 | | question
by a petition of electors, the provisions of such | 11 | | statute shall govern
with respect to the number of signatures | 12 | | required, the qualifications of
persons entitled to sign the | 13 | | petition, the contents of the petition, the
officer with whom | 14 | | the petition must be filed, and the form of the
question to be | 15 | | submitted. If such statute does not specify any of the
| 16 | | foregoing petition requirements, the corresponding petition | 17 | | requirements
of Section 28-6 shall govern such petition.
| 18 | | Irrespective of the method of initiation, not more than 3 | 19 | | public
questions other than (a) back door referenda, (b) | 20 | | referenda to
determine whether a disconnection may take place | 21 | | where a city coterminous
with a township is proposing to annex | 22 | | territory from an adjacent township, (c) referenda held under | 23 | | the provisions of the Property Tax Extension
Limitation Law in | 24 | | the Property Tax Code, (d) referenda held under
Section 2-3002 | 25 | | of the Counties Code, or (e) referenda held under Article 22, | 26 | | 23, or 29 of the Township Code , or (f) referenda pursuant to |
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| 1 | | Article 28A of this Code may be submitted to
referendum with | 2 | | respect to a political
subdivision at the same election.
| 3 | | If more than 3 propositions are timely initiated or | 4 | | certified for
submission at an election with respect to a | 5 | | political subdivision, the
first 3 validly initiated, by the | 6 | | filing of a petition or by the
adoption of a resolution or | 7 | | ordinance of a political subdivision, as the
case may be, shall | 8 | | be printed on the ballot and submitted at that
election. | 9 | | However, except as expressly authorized by law not more than
| 10 | | one proposition to change the form of government of a | 11 | | municipality
pursuant to Article VII of the Constitution may be | 12 | | submitted at an
election. If more than one such proposition is | 13 | | timely initiated or
certified for submission at an election | 14 | | with respect to a municipality,
the first validly initiated | 15 | | shall be the one printed on the ballot and
submitted at that | 16 | | election.
| 17 | | No public question shall be submitted to the voters of a | 18 | | political
subdivision at any regularly scheduled election at | 19 | | which such voters are
not scheduled to cast votes for any | 20 | | candidates for nomination for, election
to or retention in | 21 | | public office, except that if, in any existing or proposed
| 22 | | political subdivision in which the submission of a public | 23 | | question at a
regularly scheduled election is desired, the | 24 | | voters of only a portion of
such existing or proposed political | 25 | | subdivision are not scheduled to cast votes
for nomination for, | 26 | | election to or retention in public office at such election,
but |
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| 1 | | the voters in one or more other portions of such existing or | 2 | | proposed
political subdivision are scheduled to cast votes for | 3 | | nomination for, election
to or retention in public office at | 4 | | such election, the public question shall be
voted upon by all | 5 | | the qualified voters of the entire existing or proposed
| 6 | | political subdivision at the election.
| 7 | | Not more than 3 advisory public questions may be submitted | 8 | | to the
voters of the entire state at a general election. If | 9 | | more than 3 such advisory
propositions are initiated, the first | 10 | | 3 timely and validly initiated
shall be the questions printed | 11 | | on the ballot and submitted at that
election; provided however, | 12 | | that a question for a proposed amendment to
Article IV of the | 13 | | Constitution pursuant to Section 3, Article XIV of the
| 14 | | Constitution, or for a question submitted under the Property | 15 | | Tax Cap
Referendum Law, shall not be included in the foregoing | 16 | | limitation.
| 17 | | (Source: P.A. 100-107, eff. 1-1-18 .)
| 18 | | (10 ILCS 5/28-2) (from Ch. 46, par. 28-2)
| 19 | | Sec. 28-2. (a) Except as otherwise provided in this Section | 20 | | or Article 28A , petitions
for the submission of public | 21 | | questions to referendum must be filed with the
appropriate | 22 | | officer or board not less than 92 days prior to a regular
| 23 | | election to be eligible for submission on the ballot at such | 24 | | election; and
petitions for the submission of a question under | 25 | | Section 18-120 or Section 18-206 of the
Property Tax Code must |
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| 1 | | be filed with the appropriate officer or board not more
than 10 | 2 | | months nor less than 6 months prior to the election at which | 3 | | such
question is to be submitted to the voters.
| 4 | | (b) However, petitions for the submission of a public | 5 | | question to
referendum which proposes the creation or formation | 6 | | of a political
subdivision must be filed with the appropriate | 7 | | officer or board not less
than 122 days prior to a regular | 8 | | election to be eligible for submission on
the ballot at such | 9 | | election.
| 10 | | (c) Resolutions or ordinances of governing boards of | 11 | | political
subdivisions which initiate the submission of public | 12 | | questions pursuant
to law must be adopted not less than 79 days | 13 | | before a regularly scheduled
election to be eligible for | 14 | | submission on the ballot at such election.
| 15 | | (d) A petition, resolution or ordinance initiating the | 16 | | submission of a
public question may specify a regular election | 17 | | at which the question is
to be submitted, and must so specify | 18 | | if the statute authorizing the
public question requires | 19 | | submission at a particular election. However,
no petition, | 20 | | resolution or ordinance initiating the submission of a
public | 21 | | question, other than a legislative resolution initiating an
| 22 | | amendment to the Constitution, may specify such submission at | 23 | | an
election more than one year, or 15 months in the case of a | 24 | | back door referendum as defined in subsection (f), after the | 25 | | date on which it is filed or
adopted, as the case may be. A | 26 | | petition, resolution or ordinance
initiating a public question |
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| 1 | | which specifies a particular election at
which the question is | 2 | | to be submitted shall be so limited, and shall not
be valid as | 3 | | to any other election, other than an emergency referendum
| 4 | | ordered pursuant to Section 2A-1.4.
| 5 | | (e) If a petition initiating a public question does not | 6 | | specify a
regularly scheduled election, the public question | 7 | | shall be submitted to
referendum at the next regular election | 8 | | occurring not less than 92 days
after the filing of the | 9 | | petition, or not less than 122 days after the
filing of a | 10 | | petition for referendum to create a political subdivision. If
a | 11 | | resolution or ordinance initiating a public question does not | 12 | | specify a
regularly scheduled election, the public question | 13 | | shall be submitted to
referendum at the next regular election | 14 | | occurring not less than 79 days
after the adoption of the | 15 | | resolution or ordinance.
| 16 | | (f) In the case of back door referenda, any limitations in | 17 | | another
statute authorizing such a referendum which restrict | 18 | | the time in which
the initiating petition may be validly filed | 19 | | shall apply to such
petition, in addition to the filing | 20 | | deadlines specified in this Section
for submission at a | 21 | | particular election. In the case of any back door
referendum, | 22 | | the publication of the ordinance or resolution of the political
| 23 | | subdivision shall include a notice of (1) the specific number | 24 | | of voters
required to sign a petition requesting that a public | 25 | | question be submitted
to the voters of the subdivision; (2) the | 26 | | time within which the petition must
be filed; and (3) the date |
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| 1 | | of the prospective referendum. The secretary or
clerk of the | 2 | | political subdivision shall provide a petition form to any
| 3 | | individual requesting one. The legal sufficiency of that form, | 4 | | if provided by the secretary or clerk of the political | 5 | | subdivision, cannot be the basis of a challenge to placing the | 6 | | back door referendum on the ballot. As used herein, a "back | 7 | | door
referendum" is the submission of a public question to the | 8 | | voters of a
political subdivision, initiated by a petition of | 9 | | voters or residents of
such political subdivision, to determine | 10 | | whether an action by the
governing body of such subdivision | 11 | | shall be adopted or rejected.
| 12 | | (g) A petition for the incorporation or formation of a new
| 13 | | political subdivision whose officers are to be elected rather | 14 | | than appointed
must have attached to it an affidavit attesting | 15 | | that at least 122 days and
no more than 152 days prior to such | 16 | | election notice of intention to file
such petition was | 17 | | published in a newspaper published within the proposed
| 18 | | political subdivision, or if none, in a newspaper of general | 19 | | circulation
within the territory of the proposed political | 20 | | subdivision in substantially
the following form:
| 21 | | NOTICE OF PETITION TO FORM A NEW........
| 22 | | Residents of the territory described below are notified | 23 | | that a petition
will or has been filed in the Office | 24 | | of............requesting a referendum
to establish a | 25 | | new........, to be called the............
| 26 | | *The officers of the new...........will be elected on the |
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| 1 | | same day as the
referendum. Candidates for the governing board | 2 | | of the new......may file
nominating petitions with the officer | 3 | | named above until...........
| 4 | | The territory proposed to comprise the new........is | 5 | | described as follows:
| 6 | | (description of territory included in petition)
| 7 | | (signature)....................................
| 8 | | Name and address of person or persons proposing
| 9 | | the new political subdivision.
| 10 | | * Where applicable.
| 11 | | Failure to file such affidavit, or failure to publish the | 12 | | required notice
with the correct information contained therein | 13 | | shall render the petition,
and any referendum held pursuant to | 14 | | such petition, null and void.
| 15 | | Notwithstanding the foregoing provisions of this | 16 | | subsection (g) or any
other provisions of this Code, the | 17 | | publication of notice and affidavit
requirements of this | 18 | | subsection (g) shall not apply to any petition filed
under | 19 | | Article 7 or 11E of the School Code nor to any
referendum
held | 20 | | pursuant to any such petition, and neither any petition filed | 21 | | under
any of those Articles nor any referendum held pursuant to | 22 | | any such petition
shall be rendered null and void because of | 23 | | the failure to file an affidavit
or publish a notice with | 24 | | respect to the petition or referendum as required
under this | 25 | | subsection (g) for petitions that are not filed under any of
| 26 | | those Articles of the School Code.
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| 1 | | (Source: P.A. 100-465, eff. 8-31-17.)
| 2 | | (10 ILCS 5/Art. 28A heading new)
| 3 | | ARTICLE 28A. ENVIRONMENTAL INITIATIVES
| 4 | | (10 ILCS 5/28A-1 new)
| 5 | | Sec. 28A-1. Local government initiative petition and | 6 | | referendum to provide
and maintain a healthful environment.
| 7 | | (a) In order to realize the public policy goals set forth
| 8 | | in Article XI of the Illinois Constitution, the electors of any
| 9 | | unit of local government may pass, by initiative petition and | 10 | | referendum in the
manner prescribed by
this Article, a binding | 11 | | ordinance relating to providing and maintaining a
healthful | 12 | | environment that the corporate authorities of their unit of | 13 | | local
government
are empowered to pass.
| 14 | | (b) A binding ordinance relating to providing and | 15 | | maintaining a healthful
environment may be proposed by a | 16 | | petition signed by the number of electors
equal to at least 8% | 17 | | of the total votes cast for Governor at the last general
| 18 | | election
in the unit of local government. The petition shall | 19 | | contain the text of the
proposed ordinance and the date of the | 20 | | general or consolidated
election at which the proposed | 21 | | ordinance is to be submitted, shall have been
signed by | 22 | | petitioning electors not more than 12 months preceding the | 23 | | general or consolidated election, and shall be filed with the | 24 | | clerk of the
unit of local government at least 108 days before |
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| 1 | | that general or consolidated election.
| 2 | | (c) If the corporate authorities of the unit of local | 3 | | government, without
amendment, pass the binding ordinance | 4 | | proposed by such a petition filed with
the unit of local | 5 | | government's clerk not less than 78 days prior to the general | 6 | | or consolidated election at which the petition specifies the
| 7 | | proposed
binding ordinance is to be submitted, then the | 8 | | proposed binding shall not be
submitted to the electors of the | 9 | | unit of local government.
| 10 | | (d) Except as otherwise provided in this Article, petitions | 11 | | filed under this
Article shall be governed by Article 28 of | 12 | | this Code.
| 13 | | (e) If no objection to a petition filed under subsection | 14 | | (b) is filed within
5
business days after such petition is | 15 | | filed or if an objection is filed and the
appropriate electoral | 16 | | official or board rules the petition sufficient, then the
clerk | 17 | | of the unit of local government shall submit the petition to | 18 | | the election
official or board for the unit of local | 19 | | government, and the election official
or
board shall order the
| 20 | | proposed ordinance submitted to the electors of the unit of | 21 | | local government at
the election specified in the petition.
| 22 | | (f) If, after the election official or board of the unit of | 23 | | local government
orders the proposed ordinance to be submitted | 24 | | to the electors of the unit of
local government, it determines | 25 | | that the proposed ordinance is too long to be
printed
in its | 26 | | entirety on the ballot, it shall ask the clerk of the unit of |
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| 1 | | local
government to provide a concise statement of its nature. | 2 | | The election official
or board shall then cause either the | 3 | | entire proposed ordinance or the concise
statement to be | 4 | | printed on the ballot together with a question permitting the
| 5 | | elector to indicate approval or disapproval of adoption of the | 6 | | proposed
ordinance.
| 7 | | (g) If a majority of those voting on the proposed ordinance | 8 | | indicate
approval of
its adoption, it shall be passed and have | 9 | | the same effect as if it had been
passed by the corporate | 10 | | authorities of the unit of local government, except as
provided | 11 | | in subsection
(h).
| 12 | | (h) Ordinances adopted under this Article, either by | 13 | | approval of electors at
an
election or by passage by the | 14 | | corporate authorities under subsection (c), shall
not be | 15 | | repealed or amended within 4 years after adoption except by | 16 | | vote of the
electors.
| 17 | | (i) The corporate authorities of a unit of local government | 18 | | may submit to
its
electorate a proposition to repeal or amend | 19 | | an ordinance adopted under this
Article at any election in | 20 | | conformance with Article 28 of this Code. ".
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