103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0010

 

Introduced 2/22/2023, by Rep. Blaine Wilhour

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. IV, Sec. 16 new

    Amends the Legislature Article of the Illinois Constitution. Provides for a referendum presented to the electors to approve or reject statutes or parts of statutes. Provides further requirements concerning referendum petitions, referendum elections, and the application of the referendum if approved by the electors. Effective upon being declared adopted.


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HC0010LRB103 25813 DTM 52164 e

1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
4HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption
8of this resolution a proposition to amend the Illinois
9Constitution in Article IV by adding Section 16 as follows:
 
10
ARTICLE IV
11
THE LEGISLATURE

12    (ILCON Art. IV, Sec. 16 new)
13SECTION 16. REFERENDUM ON STATUTES
14    (a) The referendum is the power of the electors to approve
15or reject statutes or parts of statutes, except urgency
16statutes, statutes calling elections, and statutes providing
17for tax levies or appropriations for usual current expenses of
18the State.
19    (b) A referendum measure may be proposed by presenting to
20the Secretary of State, within 90 days after the enactment
21date of the statute, a petition certified to have been signed
22by electors equal in number to 5% of the votes for all
23candidates for Governor at the last gubernatorial election,

 

 

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1asking that the statute or part of it be submitted to the
2electors. In the case of a statute enacted by a bill passed by
3the General Assembly on or before the date the General
4Assembly adjourns for a joint recess to reconvene in the
5second calendar year of the biennium of the legislative
6session, and in the possession of the Governor after that
7date, the petition may not be presented on or after January 1
8next following the enactment date unless a copy of the
9petition is submitted to the Attorney General.
10    (c) The Secretary of State shall then submit the measure
11at the next general election held at least 31 days after it
12qualifies.
13    (d) A referendum approved by a majority of votes cast
14thereon takes effect on the fifth day after the Secretary of
15State files the statement of the vote for the election at which
16the measure is voted on, but the measure may provide that it
17becomes operative after its effective date. If a referendum
18petition is filed against a part of a statute, the remainder of
19the statute shall not be delayed from going into effect.
20    (e) If provisions of two or more measures approved at the
21same election conflict, the provisions of the measure
22receiving the highest number of affirmative votes shall
23prevail.
24    (f) The General Assembly may amend or repeal a referendum
25statute.
26    (g) Before circulation of a referendum petition for

 

 

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1signatures, a copy shall be submitted to the Attorney General
2who shall prepare a title and summary of the measure as
3provided by law.
4    (h) The General Assembly shall provide for the manner in
5which a petition shall be circulated, presented, and
6certified, and the manner in which a measure shall be
7submitted to the electors.
 
8
SCHEDULE
9    This Constitutional Amendment takes effect upon being
10declared adopted in accordance with Section 7 of the Illinois
11Constitutional Amendment Act.