101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2211

 

Introduced , by Rep. Sam Yingling

 

SYNOPSIS AS INTRODUCED:
 
10 ILCS 5/28-1  from Ch. 46, par. 28-1
35 ILCS 200/3-47 new

    Amends the Property Tax Code. Provides that the election authority for Lake County shall cause to be submitted to the voters of Lake County at the general election held on November 3, 2020 a referendum to convert the Office of the Chief Assessment Officer of Lake County to an elected office rather than an appointed office. Provides for the form of the referendum to be submitted. Provides that in the event that a majority of the electors voting on the referendum are in favor thereof, the Office of the Chief Assessment Officer of Lake County shall become an elected office. Provides requirements for the candidacy, election, and assumption of office of a Chief Assessment Officer of Lake County. Amends the Election Code to allow for the submission of a referendum regarding the Office of the Chief Assessment Officer of Lake County. Effective immediately.


LRB101 07508 HLH 52552 b

 

 

A BILL FOR

 

HB2211LRB101 07508 HLH 52552 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Election Code is amended by changing Section
528-1 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
8questions to be voted upon by the electors of the State or of
9any political subdivision or district or precinct or
10combination of precincts shall be subject to the provisions of
11this Article.
12    Questions of public policy which have any legal effect
13shall be submitted to referendum only as authorized by a
14statute which so provides or by the Constitution. Advisory
15questions of public policy shall be submitted to referendum
16pursuant to Section 28-5 or pursuant to a statute which so
17provides.
18    The method of initiating the submission of a public
19question shall be as provided by the statute authorizing such
20public question, or as provided by the Constitution.
21    All public questions shall be initiated, submitted and
22printed on the ballot in the form required by Section 16-7 of
23this Act, except as may otherwise be specified in the statute

 

 

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1authorizing a public question.
2    Whenever a statute provides for the initiation of a public
3question by a petition of electors, the provisions of such
4statute shall govern with respect to the number of signatures
5required, the qualifications of persons entitled to sign the
6petition, the contents of the petition, the officer with whom
7the petition must be filed, and the form of the question to be
8submitted. If such statute does not specify any of the
9foregoing petition requirements, the corresponding petition
10requirements of Section 28-6 shall govern such petition.
11    Irrespective of the method of initiation, not more than 3
12public questions other than (a) back door referenda, (b)
13referenda to determine whether a disconnection may take place
14where a city coterminous with a township is proposing to annex
15territory from an adjacent township, (c) referenda held under
16the provisions of the Property Tax Extension Limitation Law in
17the Property Tax Code, (d) referenda held under Section 2-3002
18of the Counties Code, or (e) referenda held under Article 22,
1923, or 29 of the Township Code, or (f) referenda held under
20Section 3-47 of the Property Tax Code may be submitted to
21referendum with respect to a political subdivision at the same
22election.
23    If more than 3 propositions are timely initiated or
24certified for submission at an election with respect to a
25political subdivision, the first 3 validly initiated, by the
26filing of a petition or by the adoption of a resolution or

 

 

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1ordinance of a political subdivision, as the case may be, shall
2be printed on the ballot and submitted at that election.
3However, except as expressly authorized by law not more than
4one proposition to change the form of government of a
5municipality pursuant to Article VII of the Constitution may be
6submitted at an election. If more than one such proposition is
7timely initiated or certified for submission at an election
8with respect to a municipality, the first validly initiated
9shall be the one printed on the ballot and submitted at that
10election.
11    No public question shall be submitted to the voters of a
12political subdivision at any regularly scheduled election at
13which such voters are not scheduled to cast votes for any
14candidates for nomination for, election to or retention in
15public office, except that if, in any existing or proposed
16political subdivision in which the submission of a public
17question at a regularly scheduled election is desired, the
18voters of only a portion of such existing or proposed political
19subdivision are not scheduled to cast votes for nomination for,
20election to or retention in public office at such election, but
21the voters in one or more other portions of such existing or
22proposed political subdivision are scheduled to cast votes for
23nomination for, election to or retention in public office at
24such election, the public question shall be voted upon by all
25the qualified voters of the entire existing or proposed
26political subdivision at the election.

 

 

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1    Not more than 3 advisory public questions may be submitted
2to the voters of the entire state at a general election. If
3more than 3 such advisory propositions are initiated, the first
43 timely and validly initiated shall be the questions printed
5on the ballot and submitted at that election; provided however,
6that a question for a proposed amendment to Article IV of the
7Constitution pursuant to Section 3, Article XIV of the
8Constitution, or for a question submitted under the Property
9Tax Cap Referendum Law, shall not be included in the foregoing
10limitation.
11(Source: P.A. 100-107, eff. 1-1-18.)
 
12    Section 10. The Property Tax Code is amended by adding
13Section 3-47 as follows:
 
14    (35 ILCS 200/3-47 new)
15    Sec. 3-47. Lake County assessor referendum; election.
16    (a) Notwithstanding any provision of law to the contrary,
17the election authority for Lake County shall cause to be
18submitted to the voters of Lake County at the general election
19held on November 3, 2020 a referendum to convert the Office of
20the Chief Assessment Officer of Lake County to an elected
21office rather than an appointed office. The referendum shall
22comply with the provisions of Section 4 of Article VII of the
23Illinois Constitution, and shall be in the following form:
24        "Shall the office of the Chief Assessment Officer of

 

 

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1    Lake County be an elected office beginning with the 2022
2    general election?"
3    The votes shall be recorded as "Yes" or "No".
4    The referendum is deemed approved if a majority of those
5voting on the question approve the referendum.
6    (b) In the event that a majority of the electors voting on
7the referendum under this Section are in favor thereof, the
8Office of the Chief Assessment Officer of Lake County shall
9become an elected office. The Chief Assessment Officer of Lake
10County shall then be elected at the first general election
11following the approval of the referendum. Upon election of the
12Chief Assessment Officer of Lake County under this Section, the
13Office of the then-serving Chief Assessment Officer of Lake
14County shall become vacant, and the newly elected Chief
15Assessment Officer shall assume that office.
16    (c) Should the Office of the Chief Assessment Officer of
17Lake County become an elected office as provided under
18subsection (b), any person seeking such office shall comply
19with and be governed by the provisions of Section 3-45 with
20respect to the election of county assessors and related
21requirements.
 
22    Section 99. Effective date. This Act takes effect upon
23becoming law.