093_HB2770ham001

 










                                     LRB093 09309 LRD 12425 a

 1                    AMENDMENT TO HOUSE BILL 2770

 2        AMENDMENT NO.     .  Amend House Bill 2770  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Liquor Control Act of 1934 is amended by
 5    changing Section 9-4 as follows:

 6        (235 ILCS 5/9-4) (from Ch. 43, par. 169)
 7        Sec.  9-4.   A petition for submission of the proposition
 8    shall be in substantially the following form:
 9        To the .... clerk of the (here insert  the  corporate  or
10    legal  name  of  the  county,  township, road district, city,
11    village or incorporated town):
12        The undersigned, residents and legal voters of  the  ....
13    (insert   the  legal  name  or  correct  designation  of  the
14    political subdivision or  precinct,  as  the  case  may  be),
15    respectfully  petition that you cause to be submitted, in the
16    manner provided by law, to the voters thereof,  at  the  next
17    election,  the  proposition  "Shall  the  sale  at  retail of
18    alcoholic  liquor  (or  alcoholic  liquor  other  than   beer
19    containing  not  more  than  4%  of  alcohol  by  weight) (or
20    alcoholic liquor containing more than 4% of alcohol by weight
21    except in the original package and not for consumption on the
22    premises) be prohibited in this ....  (or  at  the  following
 
                            -2-      LRB093 09309 LRD 12425 a
 1    address ....)?"
 2    -------------------------------------------------------------
 3     Name of   P. O. address   Description of precinct  Date of
 4     signer    (including      township, road district  signing
 5               street no.,     or part thereof, as of
 6               if any).        the last general
 7                               election
 8    -------------------------------------------------------------
 9        A  petition  for  a  proposition  to  be submitted to the
10    voters of a precinct shall also contain in plain and nonlegal
11    language  a  description  of  the  precinct  to   which   the
12    proposition   is   to  be  submitted  at  the  election.  The
13    description shall describe the territory of the  precinct  by
14    reference   to  streets,  natural  or  artificial  landmarks,
15    addresses, or by any other method which would enable a  voter
16    signing  such petition to be informed of the territory of the
17    precinct.  Each such petition for a precinct referendum shall
18    also contain a  list  of  the  names  and  addresses  of  all
19    licensees in the precinct.
20        Such  petition  shall  conform to the requirements of the
21    general election law, as to form and signature  requirements.
22    The  circulator's  statement shall include an attestation of:
23    (1) that none of the signatures on this petition  sheet  were
24    signed more than 4 months before the filing of this petition,
25    or  (2)  the  dates  on  which  the  petitioners  signed  the
26    petition, and shall be sworn to before an officer residing in
27    the  county  where such legal voters reside and authorized to
28    administer oaths therein.   No  signature  shall  be  revoked
29    except  by  a revocation filed within 20 days from the filing
30    of the petition with the clerk  with  whom  the  petition  is
31    required  to  be  filed.  Upon  request  of any citizen for a
32    photostatic copy of the petition and paying or  tendering  to
33    the clerk the costs of making the photostatic copy, the clerk
34    shall  immediately  make,  or  cause to be made a photostatic
 
                            -3-      LRB093 09309 LRD 12425 a
 1    copy of such petition. The clerk shall also deliver  to  such
 2    person,  his  official certification that such copy is a true
 3    copy of the original, stating the day when such original  was
 4    filed  in  his  office.   Any  5 legal voters or any affected
 5    licensee of any political subdivision, district  or  precinct
 6    in  which a proposed election is about to be held as provided
 7    for in this Act, within any time up to  30  days  immediately
 8    prior to the date of such proposed election and upon filing a
 9    bond for costs, may contest the validity of the petitions for
10    such  election  by  filing a verified petition in the Circuit
11    Court for the county  in  which  the  political  subdivision,
12    district  or  precinct is situated, setting forth the grounds
13    for contesting the  validity  of  such  petitions.  Upon  the
14    filing  of  the  petition,  a  summons shall be issued by the
15    Court, addressed to  the  appropriate  city,  village,  town,
16    township  or  road district clerk, notifying the clerk of the
17    filing of the petition and directing him to appear before the
18    Court on behalf of the political subdivision or  district  at
19    the  time  named in the summons; provided, the time shall not
20    be less than 5 days nor more than 15 days after the filing of
21    the petition. The procedure in these cases, as far as may  be
22    applicable,  shall  be  the  same  as  that  provided for the
23    objections to petitions in the general  election  law.    Any
24    legal voter in the political subdivision or precinct in which
25    such  election  is  to  be  held  may  appear in person or by
26    counsel, in any such contest to defend or oppose the validity
27    of the petition for election.
28        The municipal, town or road district clerk shall  certify
29    the  proposition  to  be  submitted  at  the  election to the
30    appropriate  election  officials,  in  accordance  with   the
31    general election law, unless the petition has been determined
32    to  be  invalid.  If the court determines the petitions to be
33    invalid subsequent to the certification  by  the  clerk,  the
34    court's  order shall be transmitted to the election officials
 
                            -4-      LRB093 09309 LRD 12425 a
 1    and shall nullify such certification.
 2    (Source: P.A. 86-861; 87-347.)".