[ Search ] [ PDF text ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
| [ Introduced ] | [ House Amendment 001 ] |
92_HB2054eng HB2054 Engrossed LRB9205811JMmbA 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 protect and enhance the State's 12 recreational open space, natural areas, and farmland for 13 future generations by approving legislation to increase the 14 Illinois State sales tax by 2/10 of one percent which would 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 HB2054 Engrossed -2- LRB9205811JMmbA 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 HB2054 Engrossed -3- LRB9205811JMmbA 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, orfora question 34 submitted under the Property Tax Cap Referendum Law or the HB2054 Engrossed -4- LRB9205811JMmbA 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.)