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| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018 HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT HC0034 Introduced , by Rep. Allen Skillicorn SYNOPSIS AS INTRODUCED: |
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Proposes to amend the Local Government Article of the Illinois Constitution. Provides that a municipality with a population of more than 5,000 (currently, more than 25,000) shall automatically become a home rule unit. Removes language providing that a home rule unit may exercise any power and perform any function
pertaining to
the power to tax and incur debt. Removes language providing that the General Assembly may not deny or limit the power of home
rule units to levy
or impose additional taxes upon areas within their boundaries in the
manner provided by law for the provision of special services to those
areas and for the payment of debt incurred in order to provide those
special services. Makes conforming changes. Effective upon being declared adopted.
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1 | | HOUSE JOINT RESOLUTION
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2 | | CONSTITUTIONAL AMENDMENT
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3 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE |
4 | | HUNDREDTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE |
5 | | CONCURRING HEREIN, that there shall be submitted to the |
6 | | electors of the State for adoption or rejection at the general |
7 | | election next occurring at least 6 months after the adoption of |
8 | | this resolution a proposition to amend Section 6 of Article VII |
9 | | as follows:
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10 | | ARTICLE VII
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11 | | LOCAL GOVERNMENT
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12 | | (ILCON Art. VII, Sec. 6)
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13 | | SECTION 6. POWERS OF HOME RULE UNITS
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14 | | (a) A County which has a chief executive officer elected by |
15 | | the
electors of the county and any municipality which has a |
16 | | population of
more than 5,000 25,000 are home rule units. Other |
17 | | municipalities may elect by
referendum to become home rule |
18 | | units. Except as limited by this Section,
a home rule unit may |
19 | | exercise any power and perform any function
pertaining to its |
20 | | government and affairs including, but not limited to,
the power |
21 | | to regulate for the protection of the public health, safety,
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22 | | morals and welfare , and ; to license ; to tax; and to incur debt .
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23 | | (b) A home rule unit by referendum may elect not to be a |
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1 | | home rule
unit.
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2 | | (c) If a home rule county ordinance conflicts with an |
3 | | ordinance of a
municipality, the municipal ordinance shall |
4 | | prevail within its
jurisdiction.
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5 | | (d) A home rule unit does not have the power (1) to incur |
6 | | debt
payable from ad valorem property tax receipts maturing |
7 | | more than 40
years from the time it is incurred or (2) to |
8 | | define and provide for the
punishment of a felony.
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9 | | (e) A home rule unit shall have only the power that the |
10 | | General
Assembly may provide by law (1) to punish by |
11 | | imprisonment for more than
six months or (2) to license for |
12 | | revenue or impose taxes upon or
measured by income or earnings |
13 | | or upon occupations.
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14 | | (f) A home rule unit shall have the power subject to |
15 | | approval by
referendum to adopt, alter or repeal a form of |
16 | | government provided by
law, except that the form of government |
17 | | of Cook County shall be subject
to the provisions of Section 3 |
18 | | of this Article. A home rule municipality
shall have the power |
19 | | to provide for its officers, their manner of
selection and |
20 | | terms of office only as approved by referendum or as
otherwise |
21 | | authorized by law. A home rule county shall have the power to
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22 | | provide for its officers, their manner of selection and terms |
23 | | of office
in the manner set forth in Section 4 of this Article.
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24 | | (g) The General Assembly by a law approved by the vote of
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25 | | three-fifths of the members elected to each house may deny or |
26 | | limit the
power to tax and any other power or function of a |
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1 | | home rule unit not
exercised or performed by the State other |
2 | | than a power or function
specified in subsection (l) of this |
3 | | section.
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4 | | (h) The General Assembly may provide specifically by law |
5 | | for the
exclusive exercise by the State of any power or |
6 | | function of a home rule
unit other than a taxing power or a |
7 | | power or function specified in
subsection (l) of this Section.
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8 | | (i) Home rule units may exercise and perform concurrently |
9 | | with the
State any power or function of a home rule unit to the |
10 | | extent that the
General Assembly by law does not specifically |
11 | | limit the concurrent
exercise or specifically declare the |
12 | | State's exercise to be exclusive.
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13 | | (j) The General Assembly may limit by law the amount of |
14 | | debt which
home rule counties may incur and may limit by law |
15 | | approved by
three-fifths of the members elected to each house |
16 | | the amount of debt,
other than debt payable from ad valorem |
17 | | property tax receipts, which
home rule municipalities may |
18 | | incur.
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19 | | (k) The General Assembly may limit by law the amount and |
20 | | require
referendum approval of debt to be incurred by home rule |
21 | | municipalities,
payable from ad valorem property tax receipts, |
22 | | only in excess of the
following percentages of the assessed |
23 | | value of its taxable property: (1)
if its population is 500,000 |
24 | | or more, an aggregate of three percent; (2)
if its population |
25 | | is more than 5,000 25,000 and less than 500,000, an
aggregate |
26 | | of one percent; and (3) if its population is 5,000 25,000 or |
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1 | | less,
an aggregate of one-half percent. Indebtedness which is |
2 | | outstanding on
the effective date of this Constitution or which |
3 | | is thereafter approved
by referendum or assumed from another |
4 | | unit of local government shall not
be included in the foregoing |
5 | | percentage amounts.
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6 | | (l) The General Assembly may not deny or limit the power of |
7 | | home
rule units (1) to make local improvements by special |
8 | | assessment and to
exercise this power jointly with other |
9 | | counties and municipalities, and
other classes of units of |
10 | | local government having that power on the
effective date of |
11 | | this Constitution unless that power is subsequently
denied by |
12 | | law to any such other units of local government or (2) to levy
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13 | | or impose additional taxes upon areas within their boundaries |
14 | | in the
manner provided by law for the provision of special |
15 | | services to those
areas and for the payment of debt incurred in |
16 | | order to provide those
special services .
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17 | | (m) Powers and functions of home rule units shall be |
18 | | construed
liberally.
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19 | | (Source: Illinois Constitution .)
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20 | | SCHEDULE
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21 | | This Constitutional Amendment takes effect upon being |
22 | | declared adopted in accordance with Section 7 of the Illinois |
23 | | Constitutional Amendment Act.
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