State of Illinois
92nd General Assembly

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 1        AN ACT relating to the Toll Highway Authority.

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

 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
11    of 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
17    provides.
18        The method of  initiating  the  submission  of  a  public
19    question shall be as provided by the statute authorizing such
20    public question, or as provided by the Constitution.
21        All  public  questions  shall be initiated, submitted and
22    printed on the ballot in the form required by Section 16-7 of
23    this Act, except as may otherwise be specified in the statute
24    authorizing a public question.
25        Whenever a statute  provides  for  the  initiation  of  a
26    public  question by a petition of electors, the provisions of
27    such statute shall govern  with  respect  to  the  number  of
28    signatures  required,  the qualifications of persons entitled
29    to sign the petition,  the  contents  of  the  petition,  the
30    officer with whom the petition must be filed, and the form of
31    the  question  to  be  submitted.  If  such  statute does not
                            -2-                LRB9215714DHmg
 1    specify any  of  the  foregoing  petition  requirements,  the
 2    corresponding  petition  requirements  of  Section 28-6 shall
 3    govern such petition.
 4        Irrespective of the method of initiation, not more than 3
 5    public questions other than  (a)  back  door  referenda,  (b)
 6    referenda to determine whether a disconnection may take place
 7    where  a  city  coterminous  with  a township is proposing to
 8    annex territory from an adjacent township, or  (c)  referenda
 9    held  under  the  provisions  of  the  Property Tax Extension
10    Limitation Law in the Property Tax  Code,  or  (d)  referenda
11    under  Section 36 of the Toll Highway Act may be submitted to
12    referendum with respect to a  political  subdivision  at  the
13    same election.
14        If  more  than  3  propositions  are  timely initiated or
15    certified for submission at an election  with  respect  to  a
16    political  subdivision, the first 3 validly initiated, by the
17    filing of a petition or by the adoption of  a  resolution  or
18    ordinance  of  a  political  subdivision, as the case may be,
19    shall  be  printed  on  the  ballot  and  submitted  at  that
20    election. However, except as expressly authorized by law  not
21    more than one proposition to change the form of government of
22    a  municipality  pursuant  to Article VII of the Constitution
23    may be submitted at  an  election.  If  more  than  one  such
24    proposition  is  timely initiated or certified for submission
25    at an election with respect  to  a  municipality,  the  first
26    validly  initiated shall be the one printed on the ballot and
27    submitted at that election.
28        No public question shall be submitted to the voters of  a
29    political  subdivision at any regularly scheduled election at
30    which such voters are not scheduled to  cast  votes  for  any
31    candidates  for  nomination  for, election to or retention in
32    public office, except that if, in any  existing  or  proposed
33    political  subdivision  in  which  the submission of a public
34    question at a regularly scheduled election  is  desired,  the
                            -3-                LRB9215714DHmg
 1    voters  of  only  a  portion  of  such  existing  or proposed
 2    political subdivision are not scheduled  to  cast  votes  for
 3    nomination  for, election to or retention in public office at
 4    such election, but the voters in one or more  other  portions
 5    of  such  existing  or  proposed  political  subdivision  are
 6    scheduled  to  cast  votes for nomination for, election to or
 7    retention in public  office  at  such  election,  the  public
 8    question  shall  be voted upon by all the qualified voters of
 9    the entire existing or proposed political subdivision at  the
10    election.
11        Not   more  than  3  advisory  public  questions  may  be
12    submitted to the voters of the  entire  state  at  a  general
13    election.  If  more  than  3  such  advisory propositions are
14    initiated, the first 3 timely and validly initiated shall  be
15    the  questions  printed  on  the ballot and submitted at that
16    election; provided however, that a question  for  a  proposed
17    amendment  to  Article  IV  of  the  Constitution pursuant to
18    Section 3, Article XIV of the Constitution, or for a question
19    submitted under the Property Tax Cap  Referendum  Law,  shall
20    not be included in the foregoing limitation.
21    (Source: P.A. 88-116; 89-510, eff. 7-11-96.)

22        Section  10.   The  Toll Highway Act is amended by adding
23    Section 36 as follows:

24        (605 ILCS 10/36 new)
25        Sec. 36.  Referendum on  abolishing  the  Authority.   An
26    advisory  referendum  on  the  question of whether or not the
27    Authority should be abolished shall be held  at  the  general
28    election in 2004 in every county where a current toll highway
29    is  located.  The Authority shall certify the question to the
30    proper election officials who shall submit  the  question  in
31    accordance with the general election law.

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