SB2545 94TH GENERAL ASSEMBLY

LRB094 18942 JAM 54396 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB2545

Introduced 1/18/2006, by Sen. Louis S. Viverito

SYNOPSIS AS INTRODUCED:

New Act
10 ILCS 5/28-1	from Ch. 46, par. 28-1

Creates the State Budget Crisis and School-Funding Referendum Act. Requires placement on the 2006 general election ballot of statewide advisory questions as to whether the State income tax should be temporarily increased for specified programs of school funding. Amends the Election Code to exempt the questions from the limit on the number of questions that may appear on a ballot. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning government.

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

Section 1. Short title. This Act may be cited as the State Budget Crisis and School-Funding Referendum Act.

Section 5. Purpose. Illinois, like many other states, is currently experiencing State budget shortfalls that have contributed to a crisis in funding for public education. A heavy reliance on local property taxes to fund education has also placed a significant burden on property owners. At the same time, however, Illinois enjoys relatively modest rates of State income tax: 3% on individuals, estates, and trusts and 4.8% on corporations. Article X of the Illinois Constitution provides that the State shall fund education by making public schools free through the secondary level. The purpose of this Act is to seek the advice of the voters as to whether a temporary increase in the State income tax is warranted to help solve this school-funding crisis.

Section 10. State budget and school-funding crises advisory questions. The following advisory questions shall be submitted to the voters of every county at the 2006 general election:

(1) "Should the General Assembly, in order to (i) provide property tax relief, (ii) increase reimbursement to school districts for special education services, (iii) fund the School Construction bond program, and (iv) increase the State foundation level (minimum per-pupil expenditures), temporarily increase the Illinois income tax from January 1, 2007, through December 31, 2008, to help solve the current State budget shortfall and to increase State support for public education?".

(2)"Should this temporary increase be limited to increasing the rate of tax for individuals, trusts, and estates by no more than one percentage point and the rate for corporations by no more than one and six-tenths percentage points?".

The votes on each question shall be recorded as "Yes" or "No".

Section 15. Certification. The State Board of Elections shall certify the questions specified in Section 10 to the proper election officials, who shall submit the questions in accordance with the general election law.

Section 20. Conflicts. If any provision of this Act conflicts with any other law, this Act controls.

Section 90. Repeal. This Act is repealed on December 31, 2008.

Section 900. The Election Code is amended by changing Section 28-1 as follows:

(10 ILCS 5/28-1) (from Ch. 46, par. 28-1)

Sec. 28-1. The initiation and submission of all public questions to be voted upon by the electors of the State or of any political subdivision or district or precinct or combination of precincts shall be subject to the provisions of this Article.

Questions of public policy which have any legal effect shall be submitted to referendum only as authorized by a statute which so provides or by the Constitution. Advisory questions of public policy shall be submitted to referendum pursuant to Section 28-5 or pursuant to a statute which so provides.

The method of initiating the submission of a public question shall be as provided by the statute authorizing such public question, or as provided by the Constitution.

All public questions shall be initiated, submitted and printed on the ballot in the form required by Section 16-7 of this Act, except as may otherwise be specified in the statute authorizing a public question.

Whenever a statute provides for the initiation of a public question by a petition of electors, the provisions of such statute shall govern with respect to the number of signatures required, the qualifications of persons entitled to sign the petition, the contents of the petition, the officer with whom the petition must be filed, and the form of the question to be submitted. If such statute does not specify any of the foregoing petition requirements, the corresponding petition requirements of Section 28-6 shall govern such petition.

Irrespective of the method of initiation, not more than 3 public questions other than (a) back door referenda, (b) referenda to determine whether a disconnection may take place where a city coterminous with a township is proposing to annex territory from an adjacent township, (c) referenda held under the provisions of the Property Tax Extension Limitation Law in the Property Tax Code, or (d) referenda held under Section 2-3002 of the Counties Code may be submitted to referendum with respect to a political subdivision at the same election.

If more than 3 propositions are timely initiated or certified for submission at an election with respect to a political subdivision, the first 3 validly initiated, by the filing of a petition or by the adoption of a resolution or ordinance of a political subdivision, as the case may be, shall be printed on the ballot and submitted at that election. However, except as expressly authorized by law not more than one proposition to change the form of government of a municipality pursuant to Article VII of the Constitution may be submitted at an election. If more than one such proposition is timely initiated or certified for submission at an election with respect to a municipality, the first validly initiated shall be the one printed on the ballot and submitted at that election.

No public question shall be submitted to the voters of a political subdivision at any regularly scheduled election at which such voters are not scheduled to cast votes for any candidates for nomination for, election to or retention in public office, except that if, in any existing or proposed political subdivision in which the submission of a public question at a regularly scheduled election is desired, the voters of only a portion of such existing or proposed political subdivision are not scheduled to cast votes for nomination for, election to or retention in public office at such election, but the voters in one or more other portions of such existing or proposed political subdivision are scheduled to cast votes for nomination for, election to or retention in public office at such election, the public question shall be voted upon by all the qualified voters of the entire existing or proposed political subdivision at the election.

Not more than 3 advisory public questions may be submitted to the voters of the entire state at a general election. If more than 3 such advisory propositions are initiated, the first 3 timely and validly initiated shall be the questions printed on the ballot and submitted at that election; provided however, that a question for a proposed amendment to Article IV of the Constitution pursuant to Section 3, Article XIV of the Constitution, or for a question submitted under the Property Tax Cap Referendum Law, or for a question submitted at the 2006 general election under the State Budget Crisis and School-Funding Referendum Act shall not be included in the foregoing limitation.

(Source: P.A. 93-308, eff. 7-23-03.)

Section 999. Effective date. This Act takes effect upon becoming law.