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90_SB0644
10 ILCS 5/28-1 from Ch. 46, par. 28-1
605 ILCS 10/36 new
Amends the Toll Highway Act and the Election Code to
provide that an advisory referendum on the question of
whether or not the Illinois State Toll Highway Authority
should be abolished shall be held in every county where a
current toll highway is located.
LRB9002778NTsb
LRB9002778NTsb
1 AN ACT relating to the Toll Highway Authority, amending
2 named Acts.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Election Code is amended by changing
6 Section 28-1 as follows:
7 (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
8 Sec. 28-1. The initiation and submission of all public
9 questions to be voted upon by the electors of the State or of
10 any political subdivision or district or precinct or
11 combination of precincts shall be subject to the provisions
12 of this Article.
13 Questions of public policy which have any legal effect
14 shall be submitted to referendum only as authorized by a
15 statute which so provides or by the Constitution. Advisory
16 questions of public policy shall be submitted to referendum
17 pursuant to Section 28-5 or pursuant to a statute which so
18 provides.
19 The method of initiating the submission of a public
20 question shall be as provided by the statute authorizing such
21 public question, or as provided by the Constitution.
22 All public questions shall be initiated, submitted and
23 printed on the ballot in the form required by Section 16-7 of
24 this Act, except as may otherwise be specified in the statute
25 authorizing a public question.
26 Whenever a statute provides for the initiation of a
27 public question by a petition of electors, the provisions of
28 such statute shall govern with respect to the number of
29 signatures required, the qualifications of persons entitled
30 to sign the petition, the contents of the petition, the
31 officer with whom the petition must be filed, and the form of
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1 the question to be submitted. If such statute does not
2 specify any of the foregoing petition requirements, the
3 corresponding petition requirements of Section 28-6 shall
4 govern such petition.
5 Irrespective of the method of initiation, not more than 3
6 public questions other than (a) back door referenda, (b)
7 referenda to determine whether a disconnection may take place
8 where a city coterminous with a township is proposing to
9 annex territory from an adjacent township or (c) referenda
10 held under the provisions of the Property Tax Extension
11 Limitation Law in the Property Tax Code, or (d) referenda
12 under Section 36 of the Toll Highway Act may be submitted to
13 referendum with respect to a political subdivision at the
14 same election.
15 If more than 3 propositions are timely initiated or
16 certified for submission at an election with respect to a
17 political subdivision, the first 3 validly initiated, by the
18 filing of a petition or by the adoption of a resolution or
19 ordinance of a political subdivision, as the case may be,
20 shall be printed on the ballot and submitted at that
21 election. However, except as expressly authorized by law not
22 more than one proposition to change the form of government of
23 a municipality pursuant to Article VII of the Constitution
24 may be submitted at an election. If more than one such
25 proposition is timely initiated or certified for submission
26 at an election with respect to a municipality, the first
27 validly initiated shall be the one printed on the ballot and
28 submitted at that election.
29 No public question shall be submitted to the voters of a
30 political subdivision at any regularly scheduled election at
31 which such voters are not scheduled to cast votes for any
32 candidates for nomination for, election to or retention in
33 public office, except that if, in any existing or proposed
34 political subdivision in which the submission of a public
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1 question at a regularly scheduled election is desired, the
2 voters of only a portion of such existing or proposed
3 political subdivision are not scheduled to cast votes for
4 nomination for, election to or retention in public office at
5 such election, but the voters in one or more other portions
6 of such existing or proposed political subdivision are
7 scheduled to cast votes for nomination for, election to or
8 retention in public office at such election, the public
9 question shall be voted upon by all the qualified voters of
10 the entire existing or proposed political subdivision at the
11 election.
12 Not more than 3 advisory public questions may be
13 submitted to the voters of the entire state at a general
14 election. If more than 3 such advisory propositions are
15 initiated, the first 3 timely and validly initiated shall be
16 the questions printed on the ballot and submitted at that
17 election; provided however, that a question for a proposed
18 amendment to Article IV of the Constitution pursuant to
19 Section 3, Article XIV of the Constitution, or for a question
20 submitted under the Property Tax Cap Referendum Law, shall
21 not be included in the foregoing limitation.
22 (Source: P.A. 88-116; 89-510, eff. 7-11-96.)
23 Section 10. The Toll Highway Act is amended by adding
24 Section 36 as follows:
25 (605 ILCS 10/36 new)
26 Sec. 36. Referendum on abolishing the Authority. An
27 advisory referendum on the question of whether or not the
28 Authority should be abolished shall be held at the general
29 election in 1998 in every county where a current toll highway
30 is located. The Authority shall certify the question to the
31 proper election officials who shall submit the question in
32 accordance with the general election law.