HB0348 100TH GENERAL ASSEMBLY

LRB100 04341 RJF 14347 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB0348

Introduced , by Rep. David McSweeney

SYNOPSIS AS INTRODUCED:

5 ILCS 20/2	from Ch. 1, par. 103
10 ILCS 5/12A-55

Amends the Illinois Constitutional Amendment Act. Provides that when the Secretary of State first publishes a proposed constitutional amendment in a newspaper or newspapers, he or she shall also cause the existing form of the constitutional provision proposed to be amended, the proposed amendment, the explanation of the amendment, the arguments for and against the amendment, and the form in which the amendment will appear on the separate ballot, to be published on a publicly accessible Internet website controlled by the Office of the Secretary of State. Provides that the newspaper or newspapers containing the published amendment shall also provide a link to the amendment information published on the Secretary's Internet website. Removes language requiring the Secretary to issue a pamphlet concerning a proposed constitutional amendment. Amends the Election Code to make conforming changes. Effective immediately.

A BILL FOR

AN ACT concerning government.

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

Section 5. The Illinois Constitutional Amendment Act is amended by changing Section 2 as follows:

(5 ILCS 20/2) (from Ch. 1, par. 103)

Sec. 2. The General Assembly in submitting an amendment to the Constitution to the electors, or the proponents of an amendment to Article IV of the Constitution submitted by petition, shall prepare a brief explanation of such amendment, a brief argument in favor of the same, and the form in which such amendment will appear on the separate ballot as provided by Section 16-6 of the Election Code, as amended. The minority of the General Assembly, or if there is no minority, anyone designated by the General Assembly shall prepare a brief argument against such amendment. In the case of an amendment to Article IV of the Constitution initiated pursuant to Section 3 of Article XIV of the Constitution, the proponents shall be those persons so designated at the time of the filing of the petition as provided in Section 10-8 of the Election Code, and the opponents shall be those members of the General Assembly opposing such amendment, or if there are none, anyone designated by the General Assembly and such opponents shall prepare a brief argument against such amendment. The proponent's explanation and argument in favor of and the opponents argument against an amendment to Article IV initiated by petition must be submitted to the Attorney General, who may rewrite them for accuracy and fairness. The explanation, the arguments for and against each constitutional amendment, and the form in which the amendment will appear on the separate ballot shall be filed in the Office office of the Secretary of State with the proposed amendment. At least one month before the next election of members of the General Assembly, following the passage of the proposed amendment, the Secretary of State shall publish the amendment, in full in 8 point type, or the equivalent thereto, in at least one secular newspaper of general circulation in every county in this State in which a newspaper is published. In counties in which 2 or more newspapers are published, the Secretary of State shall cause such amendment to be published in 2 newspapers. In counties having a population of 500,000 or more, such amendment shall be published in not less than 6 newspapers of general circulation. When the Secretary first publishes the amendment in a newspaper or newspapers under the provisions of this Section, he or she shall also cause the existing form of the constitutional provision proposed to be amended, the proposed amendment, the explanation of the amendment, the arguments for and against the amendment, and the form in which the amendment will appear on the separate ballot, to be published on a publicly accessible Internet website controlled by the Office of the Secretary of State. The newspaper or newspapers containing the published amendment shall also provide a link to the amendment information published on the Secretary's Internet website. After the first publication, the publication of such amendment, including a link to the Secretary's Internet website, shall be repeated once each week for 2 consecutive weeks. In selecting newspapers in which to publish such amendment the Secretary of State shall have regard solely to the circulation of such newspapers, selecting secular newspapers in every case having the largest circulation. The proposed amendment shall have a notice prefixed thereto in said publications, that at such election the proposed amendment will be submitted to the electors for adoption or rejection, and at the end of the official publication, he shall also publish the form in which the proposed amendment will appear on the separate ballot. The Secretary of State shall fix the publication fees to be paid newspapers for making such publication, but in no case shall such publication fee exceed the amount charged by such newspapers to private individuals for a like publication. In addition to the notice hereby required to be published, the Secretary of State shall also cause the existing form of the constitutional provision proposed to be amended, the proposed amendment, the explanation of the same, the arguments for and against the same, and the form in which such amendment will appear on the separate ballot, to be published in pamphlet form in 8 point type or the equivalent thereto; and the Secretary of State shall mail such pamphlet to every mailing address in the State, addressed to the attention of the Postal Patron. He shall also maintain a reasonable supply of such pamphlets so as to make them available to any person requesting one.

(Source: P.A. 98-463, eff. 8-16-13.)

Section 10. The Election Code is amended by changing Section 12A-55 as follows:

(10 ILCS 5/12A-55)

Sec. 12A-55. Constitutional issues. If a constitutional amendment appears on the ballot, the amendment information published on the Secretary of State's Internet website contents of the pamphlet issued by the Secretary of State under Section 2 of the Illinois Constitutional Amendment Act may be included in any guide issued by the Board.

(Source: P.A. 94-645, eff. 8-22-05.)

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