HB6841 96TH GENERAL ASSEMBLY

LRB096 21758 JAM 39541 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB6841

Introduced 3/23/2010, by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

10 ILCS 5/1A-45 new
10 ILCS 5/28-1	from Ch. 46, par. 28-1

Amends the Election Code. Requires that the State Board of Elections certify an advisory question for the 2010 general election ballot to each election authority serving a unit of local government with a red light camera system as to whether the unit and its police department should cease issuing tickets from that system for right turns against red traffic signals. Repealed January 1, 2011. Effective immediately.

A BILL FOR

AN ACT concerning elections.

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

Section 5. The Election Code is amended by changing Section 28-1 and by adding Section 1A-45 as follows:

(10 ILCS 5/1A-45 new)

Sec. 1A-45. 2010 red light camera advisory question. For the 2010 general election ballot, the State Board of Elections shall certify the following advisory question to each election authority whose jurisdiction includes territory in a unit of local government with an automatic traffic law enforcement system (red light camera system):

"Should the (insert name of unit of local government) and its police department cease issuing traffic citations from an automatic traffic law enforcement system (red light camera system) for any right turn made against a red traffic signal?".

The question shall be placed upon the 2010 general election ballot, with votes for or against the question recorded as "yes" or "no", respectively, in accordance with this Code.

This Section is repealed January 1, 2011.

(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, or (e) the 2010 red light camera advisory question submitted pursuant to Section 1A-45 of this 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, shall not be included in the foregoing limitation.

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

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