State of Illinois
91st General Assembly
Legislation

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91_SB0888

 
                                               LRB9100840KSpk

 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
 
                            -2-                LRB9100840KSpk
 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 2000 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.

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