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90_HB0640
New Act
10 ILCS 5/28-1 from Ch. 46, par. 28-1
Creates the Gambling Referendum Act. Requires an
advisory question to be submitted to the voters of the entire
State at the 1998 general election as to whether the General
Assembly should expand legalized gambling in Illinois. The
Act is repealed January 1, 1999. Amends the Election Code to
provide that the question submitted to the voters is not
subject to the 3 advisory referenda limitation. Effective
immediately.
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1 AN ACT to submit a statewide advisory question to the
2 voters relating to riverboat gambling, and to amend the
3 Election Code.
4 Be it enacted by the People of the State of Illinois,
5 represented in the General Assembly:
6 Section 1. Short title. This Act may be cited as the
7 Gambling Referendum Act.
8 Section 5. Advisory question. There shall be submitted
9 to the voters of the entire State at the 1998 general
10 election an advisory question that shall be placed on a
11 separate ballot in the following form:
12 Should the General Assembly expand legalized gambling in
13 the State of Illinois by either increasing the number of
14 riverboat casinos or by authorizing additional forms of
15 gambling such as land-based casinos, video lottery
16 terminals, or slot machines?
17 The votes shall be recorded as "Yes" or "No".
18 Section 10. Certification. Not less than 67 days before
19 the 1998 general election, the State Board of Elections shall
20 certify the question specified in Section 5 to be submitted
21 to the voters of the entire State to the respective county
22 clerks. Not less than 61 days before the 1998 general
23 election, the county clerks shall certify the question to the
24 board of election commissioners, if any, in their respective
25 counties.
26 Section 15. This Act is repealed January 1, 1999.
27 Section 20. The Election Code is amended by changing
28 Section 28-1 as follows:
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1 (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
2 Sec. 28-1. The initiation and submission of all public
3 questions to be voted upon by the electors of the State or of
4 any political subdivision or district or precinct or
5 combination of precincts shall be subject to the provisions
6 of this Article.
7 Questions of public policy which have any legal effect
8 shall be submitted to referendum only as authorized by a
9 statute which so provides or by the Constitution. Advisory
10 questions of public policy shall be submitted to referendum
11 pursuant to Section 28-5 or pursuant to a statute which so
12 provides.
13 The method of initiating the submission of a public
14 question shall be as provided by the statute authorizing such
15 public question, or as provided by the Constitution.
16 All public questions shall be initiated, submitted and
17 printed on the ballot in the form required by Section 16-7 of
18 this Act, except as may otherwise be specified in the statute
19 authorizing a public question.
20 Whenever a statute provides for the initiation of a
21 public question by a petition of electors, the provisions of
22 such statute shall govern with respect to the number of
23 signatures required, the qualifications of persons entitled
24 to sign the petition, the contents of the petition, the
25 officer with whom the petition must be filed, and the form of
26 the question to be submitted. If such statute does not
27 specify any of the foregoing petition requirements, the
28 corresponding petition requirements of Section 28-6 shall
29 govern such petition.
30 Irrespective of the method of initiation, not more than 3
31 public questions other than (a) back door referenda, (b)
32 referenda to determine whether a disconnection may take place
33 where a city coterminous with a township is proposing to
34 annex territory from an adjacent township or (c) referenda
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1 held under the provisions of the Property Tax Extension
2 Limitation Law in the Property Tax Code may be submitted to
3 referendum with respect to a political subdivision at the
4 same election.
5 If more than 3 propositions are timely initiated or
6 certified for submission at an election with respect to a
7 political subdivision, the first 3 validly initiated, by the
8 filing of a petition or by the adoption of a resolution or
9 ordinance of a political subdivision, as the case may be,
10 shall be printed on the ballot and submitted at that
11 election. However, except as expressly authorized by law not
12 more than one proposition to change the form of government of
13 a municipality pursuant to Article VII of the Constitution
14 may be submitted at an election. If more than one such
15 proposition is timely initiated or certified for submission
16 at an election with respect to a municipality, the first
17 validly initiated shall be the one printed on the ballot and
18 submitted at that election.
19 No public question shall be submitted to the voters of a
20 political subdivision at any regularly scheduled election at
21 which such voters are not scheduled to cast votes for any
22 candidates for nomination for, election to or retention in
23 public office, except that if, in any existing or proposed
24 political subdivision in which the submission of a public
25 question at a regularly scheduled election is desired, the
26 voters of only a portion of such existing or proposed
27 political subdivision are not scheduled to cast votes for
28 nomination for, election to or retention in public office at
29 such election, but the voters in one or more other portions
30 of such existing or proposed political subdivision are
31 scheduled to cast votes for nomination for, election to or
32 retention in public office at such election, the public
33 question shall be voted upon by all the qualified voters of
34 the entire existing or proposed political subdivision at the
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1 election.
2 Not more than 3 advisory public questions may be
3 submitted to the voters of the entire state at a general
4 election. If more than 3 such advisory propositions are
5 initiated, the first 3 timely and validly initiated shall be
6 the questions printed on the ballot and submitted at that
7 election; provided however, that a question for a proposed
8 amendment to Article IV of the Constitution pursuant to
9 Section 3, Article XIV of the Constitution, or for a question
10 submitted under the Gambling Referendum Act or the Property
11 Tax Cap Referendum Law, shall not be included in the
12 foregoing limitation.
13 (Source: P.A. 88-116; 89-510, eff. 7-11-96.)
14 Section 99. Effective date. This Act takes effect upon
15 becoming law.