Full Text of SB2544 100th General Assembly
SB2544ham001 100TH GENERAL ASSEMBLY | Rep. Sam Yingling Filed: 5/24/2018
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| 1 | | AMENDMENT TO SENATE BILL 2544
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 2544 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Election Code is amended by changing | 5 | | Section 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 | 8 | | questions to
be voted upon by the electors of the State or of | 9 | | any political
subdivision or district or precinct or | 10 | | combination of precincts shall be
subject to the provisions of | 11 | | this Article.
| 12 | | Questions of public policy which have any legal effect | 13 | | shall be
submitted to referendum only as authorized by a | 14 | | statute which so
provides or by the Constitution. Advisory | 15 | | questions of public policy
shall be submitted to referendum | 16 | | pursuant to Section 28-5 or pursuant to
a statute which so |
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| 1 | | provides.
| 2 | | The method of initiating the submission of a public | 3 | | question shall be
as provided by the statute authorizing such | 4 | | public question, or as
provided by the Constitution.
| 5 | | All public questions shall be initiated, submitted and | 6 | | printed on the
ballot in the form required by Section 16-7 of | 7 | | this Act, except as may
otherwise be specified in the statute | 8 | | authorizing a public question.
| 9 | | Whenever a statute provides for the initiation of a public | 10 | | question
by a petition of electors, the provisions of such | 11 | | statute shall govern
with respect to the number of signatures | 12 | | required, the qualifications of
persons entitled to sign the | 13 | | petition, the contents of the petition, the
officer with whom | 14 | | the petition must be filed, and the form of the
question to be | 15 | | submitted. If such statute does not specify any of the
| 16 | | foregoing petition requirements, the corresponding petition | 17 | | requirements
of Section 28-6 shall govern such petition.
| 18 | | Irrespective of the method of initiation, not more than 3 | 19 | | public
questions other than (a) back door referenda, (b) | 20 | | referenda to
determine whether a disconnection may take place | 21 | | where a city coterminous
with a township is proposing to annex | 22 | | territory from an adjacent township, (c) referenda held under | 23 | | the provisions of the Property Tax Extension
Limitation Law in | 24 | | the Property Tax Code, (d) referenda held under
Section 2-3002 | 25 | | of the Counties Code, or (e) referenda held under Article 22, | 26 | | 23, or 29 of the Township Code , or (f) referenda held under |
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| 1 | | Section 3-47 of the Property Tax Code may be submitted to
| 2 | | referendum with respect to a political
subdivision at the same | 3 | | election.
| 4 | | If more than 3 propositions are timely initiated or | 5 | | certified for
submission at an election with respect to a | 6 | | political subdivision, the
first 3 validly initiated, by the | 7 | | filing of a petition or by the
adoption of a resolution or | 8 | | ordinance of a political subdivision, as the
case may be, shall | 9 | | be printed on the ballot and submitted at that
election. | 10 | | However, except as expressly authorized by law not more than
| 11 | | one proposition to change the form of government of a | 12 | | municipality
pursuant to Article VII of the Constitution may be | 13 | | submitted at an
election. If more than one such proposition is | 14 | | timely initiated or
certified for submission at an election | 15 | | with respect to a municipality,
the first validly initiated | 16 | | shall be the one printed on the ballot and
submitted at that | 17 | | election.
| 18 | | No public question shall be submitted to the voters of a | 19 | | political
subdivision at any regularly scheduled election at | 20 | | which such voters are
not scheduled to cast votes for any | 21 | | candidates for nomination for, election
to or retention in | 22 | | public office, except that if, in any existing or proposed
| 23 | | political subdivision in which the submission of a public | 24 | | question at a
regularly scheduled election is desired, the | 25 | | voters of only a portion of
such existing or proposed political | 26 | | subdivision are not scheduled to cast votes
for nomination for, |
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| 1 | | election to or retention in public office at such election,
but | 2 | | the voters in one or more other portions of such existing or | 3 | | proposed
political subdivision are scheduled to cast votes for | 4 | | nomination for, election
to or retention in public office at | 5 | | such election, the public question shall be
voted upon by all | 6 | | the qualified voters of the entire existing or proposed
| 7 | | political subdivision at the election.
| 8 | | Not more than 3 advisory public questions may be submitted | 9 | | to the
voters of the entire state at a general election. If | 10 | | more than 3 such advisory
propositions are initiated, the first | 11 | | 3 timely and validly initiated
shall be the questions printed | 12 | | on the ballot and submitted at that
election; provided however, | 13 | | that a question for a proposed amendment to
Article IV of the | 14 | | Constitution pursuant to Section 3, Article XIV of the
| 15 | | Constitution, or for a question submitted under the Property | 16 | | Tax Cap
Referendum Law, shall not be included in the foregoing | 17 | | limitation.
| 18 | | (Source: P.A. 100-107, eff. 1-1-18 .)
| 19 | | Section 10. The Property Tax Code is amended by adding | 20 | | Section 3-47 as follows: | 21 | | (35 ILCS 200/3-47 new) | 22 | | Sec. 3-47. Lake County assessor referendum; election. | 23 | | (a) Notwithstanding any provision of law to the contrary, | 24 | | the election authority for Lake County shall cause to be |
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| 1 | | submitted to the voters of Lake County at the general election | 2 | | held on November 6, 2018 a referendum to convert the Office of | 3 | | the Chief Assessment Officer of Lake County to an elected | 4 | | office rather than an appointed office. The referendum shall | 5 | | comply with the provisions of Section 4 of Article VII of the | 6 | | Illinois Constitution, and shall be in the following form: | 7 | | "Shall the office of the Chief Assessment Officer of | 8 | | Lake County be an elected office beginning with the 2020 | 9 | | general election?" | 10 | | The votes shall be recorded as "Yes" or "No". | 11 | | The referendum is deemed approved if a majority of those | 12 | | voting on the question approve the referendum. | 13 | | (b) In the event that a majority of the electors voting on | 14 | | the referendum under this Section are in favor thereof, the | 15 | | Office of the Chief Assessment Officer of Lake County shall | 16 | | become an elected office. The Chief Assessment Officer of Lake | 17 | | County shall then be elected at the first general election | 18 | | following the approval of the referendum. Upon election of the | 19 | | Chief Assessment Officer of Lake County under this Section, the | 20 | | Office of the then-serving Chief Assessment Officer of Lake | 21 | | County shall become vacant, and the newly elected Chief | 22 | | Assessment Officer shall assume that office. | 23 | | (c) Should the Office of the Chief Assessment Officer of | 24 | | Lake County become an elected office as provided under | 25 | | subsection (b), any person seeking such office shall comply | 26 | | with and be governed by the provisions of Section 3-45 with |
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| 1 | | respect to the election of county assessors and related | 2 | | requirements.
| 3 | | Section 99. Effective date. This Act takes effect upon | 4 | | becoming law.".
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