HB3438 97TH GENERAL ASSEMBLY

LRB097 05807 HLH 45876 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB3438

Introduced 2/24/2011, by Rep. Elizabeth Hernandez

SYNOPSIS AS INTRODUCED:

10 ILCS 5/28-15 new

Amends the Election Code. Authorizes citizens to petition the General Assembly to pass one or more bills initiated by citizens that concern ethical standards of conduct or campaign finance reform. Provides that, if the bills do not become law, a question advising adoption and approval of the bills must be placed on the next general election ballot. Specifies procedures for the drafting of bills and the filing of petitions. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning elections.

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

Section 5. The Election Code is amended by adding Section 28-15 as follows:

(10 ILCS 5/28-15 new)

Sec. 28-15. The Ethics Initiative.

(a) The initiation and submission of citizen initiative petitions on standards of ethical conduct and campaign finance reform are subject to the provisions of this Section and Article.

(b) Upon request by a proponent of an Ethics Initiative, the Legislative Reference Bureau shall draft one or more bills and a summary of those bills that may be the subject of a citizen initiative petition on standards of ethical conduct or campaign finance reform. The summary of the bill or bills shall appear on the citizen initiative petition and the bill or bills shall be submitted to the Clerk of the House of Representatives, as provided for in subsections (c) and (d) of this Section.

(c) On a written petition to the State Board of Elections signed by 100,000 voters, it is the duty of the State Board of Elections to submit any citizen initiative petition on standards of ethical conduct or campaign finance reform to the Clerk of the House of Representatives for a roll call vote by each chamber of the General Assembly as provided for by this Section.

(1) A citizen initiative petition under this Section shall be limited to the subjects of standards of ethical conduct and campaign finance reform.

(2) Notwithstanding any other provision of this Article to the contrary, citizen initiative petitions filed under this Section may be submitted to the State Board of Elections at any time and are not subject to the requirements related to the binding and securing of petitions in Section 28-3. A single petition sheet may include the signatures of voters from any election authority in the State and may include the signatures of voters from one or more election authorities.

(3) The provisions of Section 28-4 and Sections 10-8 through 10-10.1 relating to objections to nominating petitions, hearings on objections, and judicial review shall apply to and govern, in so far as may be practicable, objections to petitions for citizen initiatives on ethics and campaign finance reform.

(d) Upon receipt by the Clerk of the House of Representatives of the petition and the bill or bills, the Clerk shall submit the petition and the bill or bills to the Speaker of the House. The bill or bills shall be introduced in the House of Representatives not later than 2 days following submission to the Clerk of the House of Representatives.

(e) The bill or bills submitted to the Clerk of the House of Representatives may be passed by the House of Representatives according to the provisions of Article IV of the Illinois Constitution of 1970 within 15 session days after receiving the bill or bills from the Clerk of the House of Representatives. If, on the 15th session day after receiving the bill or bills, the House of Representatives has not taken a record vote on the bill or bills, the House of Representatives, in accordance with all procedures of Article IV of the Illinois Constitution of 1970, shall take a record vote on the bill or bills. If the bill or bills receives the concurrence of a majority of members elected to the House of Representatives by a record vote, the bill or bills shall be transmitted to the Senate. If within 15 session days of receiving the bill or bills from the House of Representatives, the bill or bills receives the concurrence of a majority of members elected to the Senate by a record vote, the bill or bills shall be transmitted to the Governor as provided for in Article IV, Section 9 of the Illinois Constitution of 1970. The Governor shall act on the bill or bills in accordance with Article IV, Section 9 of the Illinois Constitution of 1970.

(f) If the bill or bills do not become law as provided for by subsection (e) of the Section in the form in which it was presented on the citizen initiative petition, the petition shall be returned to the State Board of Elections. The State Board of Elections shall prepare an advisory question to be voted upon by the electors of the State at the next general election. The ballot of the general election next occurring shall contain an advisory question of public policy in substantially the following form:

Shall the Illinois General Assembly pass legislation [insert summary of citizen initiative petition here] during the next session of the Illinois General Assembly and shall the Governor approve that legislation and make it law? The votes must be recorded as "Yes" or "No".

(g) Nothing in this Section shall be construed as a limitation of the legislative power of the General Assembly, the executive power of any Executive Branch officer, or the judicial power of the courts of the State of Illinois.

Section 99. Effective date. This Act takes effect upon becoming law.