State of Illinois
92nd General Assembly
Legislation

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92_HB2053

 
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 1        AN  ACT  concerning  an  advisory  referendum  on  a  tax
 2    increase to fund land preservation.

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

 5        Section 1.  Short title.  This Act may be  cited  as  the
 6    Land Preservation Initiative Act.

 7        Section  5.  Advisory question.  There shall be submitted
 8    to the voters  of  the  entire  State  at  the  2002  general
 9    election  an  advisory  question  that  shall  be placed on a
10    separate  ballot  and  shall  read  as  follows:  Should  the
11    Illinois General Assembly in order  to  protect  the  State's
12    recreational  open  space,  natural  areas,  and farmland for
13    future  generations  approve  legislation  to  increase   the
14    Illinois  State  sales  tax by 1/8 of one percent in order to
15    fund an Illinois Land Preservation Initiative?
16        The election authority must record the votes as "Yes"  or
17    "No".

18        Section  95.   The  Election  Code is amended by changing
19    Section 28-1 as follows:

20        (10 ILCS 5/28-1) (from Ch. 46, par. 28-1)
21        Sec. 28-1.  The initiation and submission of  all  public
22    questions to be voted upon by the electors of the State or of
23    any   political   subdivision  or  district  or  precinct  or
24    combination of precincts shall be subject to  the  provisions
25    of this Article.
26        Questions  of  public  policy which have any legal effect
27    shall be submitted to referendum  only  as  authorized  by  a
28    statute  which  so  provides or by the Constitution. Advisory
29    questions of public policy shall be submitted  to  referendum
 
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 1    pursuant  to  Section  28-5 or pursuant to a statute which so
 2    provides.
 3        The method of  initiating  the  submission  of  a  public
 4    question shall be as provided by the statute authorizing such
 5    public question, or as provided by the Constitution.
 6        All  public  questions  shall be initiated, submitted and
 7    printed on the ballot in the form required by Section 16-7 of
 8    this Act, except as may otherwise be specified in the statute
 9    authorizing a public question.
10        Whenever a statute  provides  for  the  initiation  of  a
11    public  question by a petition of electors, the provisions of
12    such statute shall govern  with  respect  to  the  number  of
13    signatures  required,  the qualifications of persons entitled
14    to sign the petition,  the  contents  of  the  petition,  the
15    officer with whom the petition must be filed, and the form of
16    the  question  to  be  submitted.  If  such  statute does not
17    specify any  of  the  foregoing  petition  requirements,  the
18    corresponding  petition  requirements  of  Section 28-6 shall
19    govern such petition.
20        Irrespective of the method of initiation, not more than 3
21    public questions other than  (a)  back  door  referenda,  (b)
22    referenda to determine whether a disconnection may take place
23    where  a  city  coterminous  with  a township is proposing to
24    annex territory from an adjacent township  or  (c)  referenda
25    held  under  the  provisions  of  the  Property Tax Extension
26    Limitation Law in the Property Tax Code may be  submitted  to
27    referendum  with  respect  to  a political subdivision at the
28    same election.
29        If more than  3  propositions  are  timely  initiated  or
30    certified  for  submission  at  an election with respect to a
31    political subdivision, the first 3 validly initiated, by  the
32    filing  of  a  petition or by the adoption of a resolution or
33    ordinance of a political subdivision, as  the  case  may  be,
34    shall  be  printed  on  the  ballot  and  submitted  at  that
 
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 1    election.  However, except as expressly authorized by law not
 2    more than one proposition to change the form of government of
 3    a municipality pursuant to Article VII  of  the  Constitution
 4    may  be  submitted  at  an  election.  If  more than one such
 5    proposition is timely initiated or certified  for  submission
 6    at  an  election  with  respect  to a municipality, the first
 7    validly initiated shall be the one printed on the ballot  and
 8    submitted at that election.
 9        No  public question shall be submitted to the voters of a
10    political subdivision at any regularly scheduled election  at
11    which  such  voters  are  not scheduled to cast votes for any
12    candidates for nomination for, election to  or  retention  in
13    public  office,  except  that if, in any existing or proposed
14    political subdivision in which the  submission  of  a  public
15    question  at  a  regularly scheduled election is desired, the
16    voters of  only  a  portion  of  such  existing  or  proposed
17    political  subdivision  are  not  scheduled to cast votes for
18    nomination for, election to or retention in public office  at
19    such  election,  but the voters in one or more other portions
20    of  such  existing  or  proposed  political  subdivision  are
21    scheduled to cast votes for nomination for,  election  to  or
22    retention  in  public  office  at  such  election, the public
23    question shall be voted upon by all the qualified  voters  of
24    the  entire existing or proposed political subdivision at the
25    election.
26        Not  more  than  3  advisory  public  questions  may   be
27    submitted  to  the  voters  of  the entire state at a general
28    election. If more  than  3  such  advisory  propositions  are
29    initiated,  the first 3 timely and validly initiated shall be
30    the questions printed on the ballot  and  submitted  at  that
31    election;  provided  however,  that a question for a proposed
32    amendment to Article IV  of  the  Constitution,  pursuant  to
33    Section 3, Article XIV of the Constitution, or for a question
34    submitted  under  the  Property Tax Cap Referendum Law or the
 
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 1    Land Preservation Initiative Act, shall not  be  included  in
 2    the foregoing limitation.
 3    (Source: P.A. 88-116; 89-510, eff. 7-11-96.)

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