Illinois General Assembly - Full Text of HB0427
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Full Text of HB0427  102nd General Assembly

HB0427eng 102ND GENERAL ASSEMBLY

  
  
  

 


 
HB0427 EngrossedLRB102 10047 HLH 15367 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
5Section 28-1 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

 

 

HB0427 Engrossed- 2 -LRB102 10047 HLH 15367 b

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

 

 

HB0427 Engrossed- 3 -LRB102 10047 HLH 15367 b

1ordinance of a political subdivision, as the case may be,
2shall be 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
6be submitted at an election. If more than one such proposition
7is timely 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
19political subdivision are not scheduled to cast votes for
20nomination for, election to or retention in public office at
21such election, but the voters in one or more other portions of
22such existing or proposed political subdivision are scheduled
23to cast votes for nomination for, election to or retention in
24public office at such election, the public question shall be
25voted upon by all the qualified voters of the entire existing
26or proposed political subdivision at the election.

 

 

HB0427 Engrossed- 4 -LRB102 10047 HLH 15367 b

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
4first 3 timely and validly initiated shall be the questions
5printed on the ballot and submitted at that election; provided
6however, that a question for a proposed amendment to Article
7IV of the Constitution pursuant to Section 3, Article XIV of
8the Constitution, or for a question submitted under the
9Property Tax Cap Referendum Law, shall not be included in the
10foregoing limitation.
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 first general
19election held after the effective date of this amendatory Act
20of the 102nd General Assembly a referendum to convert the
21Office of the Chief Assessment Officer of Lake County to an
22elected office rather than an appointed office. The referendum
23shall comply with the provisions of Section 4 of Article VII of
24the Illinois Constitution, and shall be in the following form:

 

 

HB0427 Engrossed- 5 -LRB102 10047 HLH 15367 b

1        "Shall the office of the Chief Assessment Officer of
2    Lake County be an elected office beginning with the 2022
3    general election?"
4    The votes shall be recorded as "Yes" or "No".
5    The referendum is deemed approved if a majority of those
6voting on the question approve the referendum.
7    (b) If a majority of the electors voting on the referendum
8under this Section are in favor thereof, the Office of the
9Chief Assessment Officer of Lake County shall become an
10elected office. The Chief Assessment Officer of Lake County
11shall then be elected at the first general election following
12the approval of the referendum. Upon election of the Chief
13Assessment Officer of Lake County under this Section, the
14Office of the then-serving Chief Assessment Officer of Lake
15County shall become vacant, and the newly elected Chief
16Assessment Officer shall assume that office.
17    (c) Should the Office of the Chief Assessment Officer of
18Lake County become an elected office as provided under
19subsection (b), any person seeking such office shall comply
20with and be governed by the provisions of Section 3-45 with
21respect to the election of county assessors and related
22requirements.
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.