093_HB0138enr

 
HB0138 Enrolled                      LRB093 03373 MKM 04177 b

 1        AN ACT in relation to counties.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

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

22        Section 10.  The Counties Code  is  amended  by  changing
23    Sections 2-3002 and 2-3003 as follows:

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

 2        (55 ILCS 5/2-3003) (from Ch. 34, par. 2-3003)
 3        Sec. 2-3003.  Apportionment plan. (1) If the county board
 4    determines  that  members  shall  be elected by districts, it
 5    shall develop an apportionment plan and specify the number of
 6    districts and the  number  of  county  board  members  to  be
 7    elected  from  each  district  and  whether  voters will have
 8    cumulative voting rights in multi-member districts. Each such
 9    district:
10        a.  Shall be equal in population to each other district;
11        b.  Shall be comprised of contiguous territory, as nearly
12    compact as practicable; and
13        c.  May divide  townships  or  municipalities  only  when
14    necessary   to  conform  to  the  population  requirement  of
15    paragraph a. of this Section.
16        d.  Shall be created in such a manner so that no precinct
17    shall be divided between 2 or more districts, insofar  as  is
18    practicable.
19        (2)  The  county board of each county having a population
20    of less than 3,000,000  inhabitants  may,  if  it  should  so
21    decide,   provide   within  that  county  for  single  member
22    districts  outside  the  corporate  limits  and  multi-member
23    districts within the corporate  limits  of  any  municipality
24    with  a  population  in excess of 75,000.  Paragraphs a, b, c
25    and d of subsection (1) of this Section shall  apply  to  the
26    apportionment  of  both  single  and  multi-member  districts
27    within a county to the extent that compliance with paragraphs
28    a,  b,  c  and  d  still  permit  the  establishment  of such
29    districts, except that the  population  of  any  multi-member
30    district  shall  be  equal  to  the  population of any single
31    member district, times the number  of  members  found  within
32    that multi-member district.
33    (Source: P.A. 86-962.)
 
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 1        Section  99.  Effective date.  This Act takes effect upon
 2    becoming law.