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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT HC0038
Introduced 2/15/2008, by Rep. Mike Boland SYNOPSIS AS INTRODUCED: |
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ILCON Art. IV, Sec. 1 |
ILCON Art. IV, Sec. 2 |
ILCON Art. IV, Sec. 3 |
ILCON Art. IV, Sec. 5 |
ILCON Art. IV, Sec. 6 |
ILCON Art. IV, Sec. 7 |
ILCON Art. IV, Sec. 8 |
ILCON Art. IV, Sec. 9 |
ILCON Art. IV, Sec. 10 |
ILCON Art. IV, Sec. 12 |
ILCON Art. IV, Sec. 14 |
ILCON Art. IV, Sec. 15 rep. |
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ILCON Art. V, Sec. 9 |
ILCON Art. V, Sec. 11 |
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ILCON Art. VII, Sec. 6 |
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ILCON Art. VIII, Sec. 3 |
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ILCON Art. IX, Sec. 9 |
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ILCON Art. XIII, Sec. 8 |
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ILCON Art. XIV, Sec. 1 |
ILCON Art. XIV, Sec. 2 |
ILCON Art. XIV, Sec. 4 |
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Proposes to amend the Legislature Article of the Illinois Constitution. Changes the State's legislature to a unicameral General Assembly composed of 177 members. Provides that the members, beginning in 2012, are elected from single-member districts for staggered 4-year and 2-year terms. Provides for a Presiding Officer and a Minority Leader. Makes conforming changes in other Articles of the Illinois Constitution. Effective upon being declared adopted and applies beginning with the 96th General Assembly.
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A BILL FOR
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HC0038 |
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LRB095 13625 JAM 39330 e |
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| HOUSE JOINT RESOLUTION
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| CONSTITUTIONAL AMENDMENT
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| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE |
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| NINETY-FIFTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE |
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| SENATE CONCURRING HEREIN, that there shall be submitted to the |
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| electors of the State for adoption or rejection at the general |
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| election next occurring at least 6 months after the adoption of |
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| this resolution a proposition to amend the Illinois |
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| Constitution by changing Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, |
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| 12, 14, and 15 of Article IV, Sections 9 and 11 of Article V, |
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| Section 6 of Article VII, Section 3 of Article VIII, Section 9 |
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| of Article IX, Section 8 of Article XIII, and Sections 1, 2, |
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| and 4 of Article XIV as follows:
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| ARTICLE IV
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| THE LEGISLATURE
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| (ILCON Art. IV, Sec. 1)
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| SECTION 1. LEGISLATURE - POWER AND STRUCTURE
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| The legislative power is vested in a General Assembly |
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| consisting of 177 Lawmakers a
Senate and a House of |
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| Representatives , elected by the electors from 59
Legislative |
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| Districts and 118 Representative Districts until 2012 and from |
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LRB095 13625 JAM 39330 e |
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| 177 Legislative Districts beginning in 2012 .
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| (Source: Amendment adopted at general election November 4, |
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| 1980.)
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| (ILCON Art. IV, Sec. 2)
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| SECTION 2. LEGISLATIVE COMPOSITION
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| (a) Until 2012, one Lawmaker shall be elected from each of |
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| 59 Legislative Districts. Beginning in 2012, one Lawmaker One |
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| Senator shall be elected from each of 177 Legislative Districts |
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| District .
Immediately following each decennial redistricting, |
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| the General Assembly
by law shall divide the Legislative |
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| Districts as equally as possible
into three groups. Lawmakers |
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| Senators from one group shall be elected for terms of
four |
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| years, four years and two years; Lawmakers Senators from the |
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| second group,
for terms of four years, two years and four |
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| years; and Lawmakers Senators from the
third group, for terms |
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| of two years, four years and four years. The
Legislative |
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| Districts in each group shall be distributed substantially
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| equally over the State.
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| (b) Until 2011, each Each Legislative District shall be |
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| divided into two Representative
Districts. In 2008 and 2010, |
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| one Lawmaker 1982 and every two years thereafter one |
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| Representative shall
be elected from each Representative |
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| District for a term of two years.
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| (c) To be eligible to serve as a member of the General |
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| Assembly, a
person must be a United States citizen, at least 21 |
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| years old, and for
the two years preceding his or her election |
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| or appointment a resident of the
district which he or she is to |
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| represent. In the general election following a
redistricting, a |
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| candidate for the General Assembly may be elected from
any |
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| district which contains a part of the district in which he or |
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| she resided
at the time of the redistricting and reelected if a |
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| resident of the new
district he or she represents for 18 months |
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| prior to reelection.
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| (d) Within thirty days after a vacancy occurs, it shall be |
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| filled by
appointment as provided by law. If the vacancy is in |
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| an a Senatorial office
with more than twenty-eight months |
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| remaining in the term, the appointed
Lawmaker Senator shall |
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| serve until the next general election, at which time a
Lawmaker |
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| Senator shall be elected to serve for the remainder of the |
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| term. If the
vacancy is in a Representative office or in any |
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| other Senatorial office,
the appointment shall be for the |
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| remainder of the term. An appointee to
fill a vacancy shall be |
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| a member of the same political party as the
person he or she |
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| succeeds.
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| (e) No member of the General Assembly shall receive |
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| compensation as
a public officer or employee from any other |
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| governmental entity for time
during which he or she is in |
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| attendance as a member of the General Assembly.
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| No member of the General Assembly during the term for which |
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| he or she was
elected or appointed shall be appointed to a |
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| public office which shall
have been created or the compensation |
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| for which shall have been
increased by the General Assembly |
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| during that term.
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| (Source: Amendment adopted at general election November 4, |
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| 1980.)
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| (ILCON Art. IV, Sec. 3)
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| SECTION 3. LEGISLATIVE REDISTRICTING
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| (a) Legislative Districts shall be compact, contiguous and
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| substantially equal in population. Representative Districts |
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| shall be compact,
contiguous, and substantially equal in |
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| population.
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| (b) In the year following each Federal decennial census |
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| year, the
General Assembly by law shall redistrict the |
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| Legislative Districts and the
Representative Districts .
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| If no redistricting plan becomes effective by June 30 of |
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| that year, a
Legislative Redistricting Commission shall be |
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| constituted not later than
July 10. The Commission shall |
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| consist of eight members, no more than
four of whom shall be |
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| members of the same political party.
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| The Presiding Officer Speaker and Minority Leader of the |
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| General Assembly House of Representatives shall
each appoint to |
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| the Commission two Lawmakers and two persons who are not |
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| members one Representative and one person who is
not a member |
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| of the General Assembly. The President and Minority Leader
of |
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| the Senate shall each appoint to the Commission one Senator and |
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| one
person who is not a member of the General Assembly.
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| The members shall be certified to the Secretary of State by |
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| the
appointing authorities. A vacancy on the Commission shall |
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| be filled
within five days by the authority that made the |
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| original appointment. A
Chairman and Vice Chairman shall be |
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| chosen by a majority of all members
of the Commission.
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| Not later than August 10, the Commission shall file with |
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| the
Secretary of State a redistricting plan approved by at |
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| least five
members.
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| If the Commission fails to file an approved redistricting |
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| plan, the
Supreme Court shall submit the names of two persons, |
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| not of the same
political party, to the Secretary of State not |
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| later than September 1.
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| Not later than September 5, the Secretary of State publicly |
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| shall
draw by random selection the name of one of the two |
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| persons to serve as
the ninth member of the Commission.
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| Not later than October 5, the Commission shall file with |
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| the
Secretary of State a redistricting plan approved by at |
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| least five
members.
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| An approved redistricting plan filed with the Secretary of |
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| State
shall be presumed valid, shall have the force and effect |
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| of law and
shall be published promptly by the Secretary of |
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| State.
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| The Supreme Court shall have original and exclusive |
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| jurisdiction over
actions concerning redistricting the General |
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| Assembly House and Senate , which shall be
initiated in the name |
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| of the People of the State by the Attorney
General.
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| (Source: Amendment adopted at general election November 4, |
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| 1980.)
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| (ILCON Art. IV, Sec. 5)
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| SECTION 5. SESSIONS
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| (a) The General Assembly shall convene each year on the |
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| second
Wednesday of January. The General Assembly shall be a |
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| continuous body
during the period from the second Wednesday of |
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| January in an odd-numbered year through the Tuesday immediately |
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| preceding the second Wednesday of January in the next |
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| odd-numbered year term for which members of the House of |
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| Representatives are
elected .
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| (b) The Governor may convene the General Assembly or the |
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| Senate
alone in special session by a proclamation stating the |
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| purpose of the
session; and only business encompassed by such |
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| purpose, together with
any impeachments or confirmation of |
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| appointments shall be transacted.
Special sessions of the |
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| General Assembly may also be convened by joint
proclamation of |
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| the Presiding Officer of the General Assembly presiding |
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| officers of both houses , issued as
provided by law.
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| (c) Sessions of each house of the General Assembly and |
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| meetings of
committees , joint committees and legislative |
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| commissions shall be open
to the public. Sessions and committee |
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| and legislative commission meetings of a house may be closed
to |
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| the public if two-thirds of the members elected to the General |
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| Assembly that house
determine that the public interest so |
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| requires ; and meetings of joint
committees and legislative |
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| commissions may be so closed if two-thirds of
the members |
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| elected to each house so determine .
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| (Source: Illinois Constitution.)
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| (ILCON Art. IV, Sec. 6)
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| SECTION 6. ORGANIZATION
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| (a) A majority of the members elected to the General |
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| Assembly each house constitutes a
quorum.
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| (b) On the first day of the January session of the General |
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| Assembly
in odd-numbered years, the Secretary of State shall |
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| convene the House of
Representatives to elect from its |
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| membership a Speaker of the House of
Representatives as |
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| presiding officer, and the Governor shall convene the General |
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| Assembly
Senate to elect from its membership a Presiding |
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| Officer President of the Senate as
presiding officer .
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| (c) For purposes of powers of appointment conferred by this
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| Constitution, the Minority Leader of the General Assembly |
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| either house is a member of the
numerically strongest political |
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| party other than the party to which the
Presiding Officer |
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| Speaker or the President belongs , as the case may be .
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| (d) The General Assembly Each house shall determine the |
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| rules of its proceedings, judge
the elections, returns and |
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| qualifications of its members and choose its
officers. No |
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| member shall be expelled by the General Assembly either house , |
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| except by a vote
of two-thirds of the members elected to that |
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| house . A member may be
expelled only once for the same offense. |
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| The General Assembly Each house may punish by
imprisonment any |
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| person, not a member, guilty of disrespect to the General |
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| Assembly house
by disorderly or contemptuous behavior in its |
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| presence. Imprisonment
shall not extend beyond twenty-four |
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| hours at one time unless the person
persists in disorderly or |
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| contemptuous behavior.
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| (Source: Illinois Constitution.)
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| (ILCON Art. IV, Sec. 7)
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| SECTION 7. TRANSACTION OF BUSINESS
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| (a) Committees of the General Assembly each house, joint |
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| committees of the two houses and
legislative commissions shall |
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| give reasonable public notice of meetings,
including a |
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| statement of subjects to be considered.
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| (b) The General Assembly Each house shall keep a journal of |
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| its proceedings and a
transcript of its debates. The journal |
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| shall be published and the
transcript shall be available to the |
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| public.
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| (c) The General Assembly Either house or any committee |
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| thereof as provided by law may
compel by subpoena the |
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| attendance and testimony of witnesses and the
production of |
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| books, records and papers.
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| (Source: Illinois Constitution.)
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| (ILCON Art. IV, Sec. 8)
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| SECTION 8. PASSAGE OF BILLS
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| (a) The enacting clause of the laws of this State shall be: |
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| "Be it
enacted by the People of the State of Illinois, |
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| represented in the
General Assembly."
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| (b) The General Assembly shall enact laws only by bill. |
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| Bills may
originate in either house, but may be amended or |
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| rejected by the other.
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| (c) No bill shall become a law without the concurrence of a |
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| majority
of the members elected to each house . Final passage of |
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| a bill shall be
by record vote. At In the Senate at the request |
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| of two members, and in the
House at the request of seven five |
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| members, a record vote may be taken on any
other occasion. A |
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| record vote is a vote by yeas and nays entered on the
journal.
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| (d) A bill shall be read by title on three different days |
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| in the General Assembly each
house . A bill and each amendment |
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| thereto shall be reproduced and placed
on the desk of each |
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| member before final passage.
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| Bills, except bills for appropriations and for the |
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| codification,
revision or rearrangement of laws, shall be |
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| confined to one subject.
Appropriation bills shall be limited |
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| to the subject of appropriations.
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| A bill expressly amending a law shall set forth completely |
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| the
sections amended.
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| The Presiding Officer Speaker of the House of |
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| Representatives and the President of the
Senate shall sign each |
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| bill that passes the General Assembly both houses to certify |
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| that the
procedural requirements for passage have been met.
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| (Source: Illinois Constitution.)
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| (ILCON Art. IV, Sec. 9)
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| SECTION 9. VETO PROCEDURE
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| (a) Every bill passed by the General Assembly shall be |
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| presented to the
Governor within 30 calendar days after its |
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| passage. The foregoing
requirement shall be judicially |
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| enforceable. If the Governor approves
the bill, he or she shall |
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| sign it and it shall become law.
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| (b) If the Governor does not approve the bill, he or she |
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| shall veto it by
returning it with his or her objections to the |
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| General Assembly house in which it originated .
Any bill not so |
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| returned by the Governor within 60 calendar days after
it is |
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| presented to him or her shall become law. If recess or |
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| adjournment of the
General Assembly prevents the return of a |
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| bill, the bill and the
Governor's objections shall be filed |
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| with the Secretary of State within
such 60 calendar days. The |
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| Secretary of State shall return the bill and
objections to the |
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| General Assembly originating house promptly upon the next |
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| meeting of
the same General Assembly at which the bill can be |
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| considered.
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| (c) When The house to which a bill is returned , the General |
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| Assembly shall immediately enter
the Governor's objections |
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| upon its journal. If within 15 calendar days
after such entry |
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| the General Assembly that house by a record vote of |
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| three-fifths of the
members elected passes the bill, it shall |
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| be delivered immediately to
the second house. If within 15 |
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| calendar days after such delivery the
second house by a record |
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| vote of three-fifths of the members elected
passes the bill, it |
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| shall become law.
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| (d) The Governor may reduce or veto any item of |
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| appropriations in a
bill presented to him or her . Portions of a |
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| bill not reduced or vetoed shall
become law. An item vetoed |
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| shall be returned to the General Assembly house in which it
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| originated and may become law in the same manner as a vetoed |
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| bill. An
item reduced in amount shall be returned to the |
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| General Assembly house in which it
originated and may be |
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| restored to its original amount in the same manner
as a vetoed |
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| bill except that the required record vote shall be a
majority |
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| of the members elected to each house . If a reduced item is not
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| so restored, it shall become law in the reduced amount.
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| (e) The Governor may return a bill together with specific
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| recommendations for change to the General Assembly house in |
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| which it originated . The bill
shall be considered in the same |
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| manner as a vetoed bill but the specific
recommendations may be |
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| accepted by a record vote of a majority of the
members elected |
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| to each house . Such bill shall be presented again to the
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| Governor and if he or she certifies that such acceptance |
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| conforms to his or her
specific recommendations, the bill shall |
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| become law. If the Governor he does not so
certify, he or she |
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| shall return it as a vetoed bill to the General Assembly house |
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| in which it
originated .
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| (Source: Illinois Constitution.)
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| (ILCON Art. IV, Sec. 10)
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| SECTION 10. EFFECTIVE DATE OF LAWS
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| The General Assembly shall provide by law for a uniform |
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| effective date for
laws passed prior to June 1 of a calendar |
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| year. The General Assembly may
provide for a different |
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| effective date in any law passed prior to June 1. A
bill passed |
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| after May 31 shall not become effective prior to June 1 of the |
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| next
calendar year unless the General Assembly by the vote of |
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| three-fifths of the
members elected to each house provides for |
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| an earlier effective date.
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| (Source: Amendment adopted at general election November 8, |
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| 1994.)
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| (ILCON Art. IV, Sec. 12)
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| SECTION 12. LEGISLATIVE IMMUNITY
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| Except in cases of treason, felony or breach of peace, a |
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| member shall be
privileged from arrest going to, during, and |
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| returning from sessions of
the General Assembly. A member shall |
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| not be held to answer before any
other tribunal for any speech |
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| or debate, written or oral, in the General Assembly either
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| house . These immunities shall apply to committee and |
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| legislative
commission proceedings.
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| (Source: Illinois Constitution.)
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| (ILCON Art. IV, Sec. 14)
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| SECTION 14. IMPEACHMENT
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| The General Assembly House of Representatives has the sole |
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| power to conduct legislative
investigations to determine the |
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| existence of cause for impeachment and,
by the vote of a |
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| majority of the members elected, to impeach Executive
and |
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| Judicial officers. Impeachments shall be tried by the General |
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| Assembly Senate . When
sitting for that purpose, Lawmakers |
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| Senators shall be upon oath, or affirmation,
to do justice |
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| according to law. If the Governor is tried, the Chief
Justice |
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| of the Supreme Court shall preside. No person shall be |
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| convicted
without the concurrence of two-thirds of the |
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| Lawmakers Senators elected. Judgment
shall not extend beyond |
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| removal from office and disqualification to hold
any public |
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| office of this State. An impeached officer, whether convicted
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| or acquitted, shall be liable to prosecution, trial, judgment |
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| and
punishment according to law.
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| (Source: Illinois Constitution.)
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| (ILCON Art. IV, Sec. 15 rep.)
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| SECTION 15. ADJOURNMENT (REPEALED)
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| (a) When the General Assembly is in session, neither house |
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| without the
consent of the other shall adjourn for more than |
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| three days or to a
place other than where the two houses are |
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| sitting.
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| (b) If either house certifies that a disagreement exists |
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| between the
houses as to the time for adjourning a session, the |
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| Governor may adjourn
the General Assembly to a time not later |
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| than the first day of the next
annual session.
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| (Source: Illinois Constitution.)
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| ARTICLE V
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| THE EXECUTIVE
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| (ILCON Art. V, Sec. 9)
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| SECTION 9. GOVERNOR - APPOINTING POWER
|
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| (a) The Governor shall nominate and, by and with the advice |
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| and consent
of the General Assembly Senate , a majority of the |
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| members elected concurring by record
vote, shall appoint all |
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| officers whose election or appointment is not
otherwise |
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| provided for. Any nomination not acted upon by the General |
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| Assembly Senate
within 60 session days after the receipt |
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| thereof shall be deemed to have
received the advice and consent |
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| of the General Assembly Senate . The General Assembly
shall have |
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| no power to elect or appoint officers of the Executive
Branch.
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| (b) If, during a recess of the General Assembly Senate , |
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| there is a vacancy in an
office filled by appointment by the |
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| Governor by and with the advice and
consent of the General |
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| Assembly Senate , the Governor shall make a temporary |
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| appointment
until the next meeting of the General Assembly |
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| Senate , when he or she shall make a nomination to
fill such |
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| office.
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| (c) No person rejected by the General Assembly Senate for |
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| an office shall, except at
the General Assembly's Senate's |
16 |
| request, be nominated again for that office at the same
session |
17 |
| or be appointed to that office during a recess of that General |
18 |
| Assembly Senate .
|
19 |
| (Source: Illinois Constitution.)
|
20 |
| (ILCON Art. V, Sec. 11)
|
21 |
| SECTION 11. GOVERNOR - AGENCY REORGANIZATION
|
22 |
| The Governor, by Executive Order, may reassign functions |
23 |
| among or
reorganize executive agencies which are directly |
24 |
| responsible to him or her . If
such a reassignment or |
|
|
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| reorganization would contravene a statute, the
Executive Order |
2 |
| shall be delivered to the General Assembly. If the
General |
3 |
| Assembly is in annual session and if the Executive Order is
|
4 |
| delivered on or before April 1, the General Assembly shall |
5 |
| consider the
Executive Order at that annual session. If the |
6 |
| General Assembly is not
in annual session or if the Executive |
7 |
| Order is delivered after April 1,
the General Assembly shall |
8 |
| consider the Executive Order at its next
annual session, in |
9 |
| which case the Executive Order shall be deemed to
have been |
10 |
| delivered on the first day of that annual session. Such an
|
11 |
| Executive Order shall not become effective if, within 60 |
12 |
| calendar days
after its delivery to the General Assembly, the |
13 |
| General Assembly either house disapproves the
Executive Order |
14 |
| by the record vote of a majority of the members elected.
An |
15 |
| Executive Order not so disapproved shall become effective by |
16 |
| its
terms but not less than 60 calendar days after its delivery |
17 |
| to the
General Assembly.
|
18 |
| (Source: Illinois Constitution.)
|
19 |
| ARTICLE VII
|
20 |
| LOCAL GOVERNMENT
|
21 |
| (ILCON Art. VII, Sec. 6)
|
22 |
| SECTION 6. POWERS OF HOME RULE UNITS
|
|
|
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| (a) A County which has a chief executive officer elected by |
2 |
| the
electors of the county and any municipality which has a |
3 |
| population of
more than 25,000 are home rule units. Other |
4 |
| municipalities may elect by
referendum to become home rule |
5 |
| units. Except as limited by this Section,
a home rule unit may |
6 |
| exercise any power and perform any function
pertaining to its |
7 |
| government and affairs including, but not limited to,
the power |
8 |
| to regulate for the protection of the public health, safety,
|
9 |
| morals and welfare; to license; to tax; and to incur debt.
|
10 |
| (b) A home rule unit by referendum may elect not to be a |
11 |
| home rule
unit.
|
12 |
| (c) If a home rule county ordinance conflicts with an |
13 |
| ordinance of a
municipality, the municipal ordinance shall |
14 |
| prevail within its
jurisdiction.
|
15 |
| (d) A home rule unit does not have the power (1) to incur |
16 |
| debt
payable from ad valorem property tax receipts maturing |
17 |
| more than 40
years from the time it is incurred or (2) to |
18 |
| define and provide for the
punishment of a felony.
|
19 |
| (e) A home rule unit shall have only the power that the |
20 |
| General
Assembly may provide by law (1) to punish by |
21 |
| imprisonment for more than
six months or (2) to license for |
22 |
| revenue or impose taxes upon or
measured by income or earnings |
23 |
| or upon occupations.
|
24 |
| (f) A home rule unit shall have the power subject to |
25 |
| approval by
referendum to adopt, alter or repeal a form of |
26 |
| government provided by
law, except that the form of government |
|
|
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| of Cook County shall be subject
to the provisions of Section 3 |
2 |
| of this Article. A home rule municipality
shall have the power |
3 |
| to provide for its officers, their manner of
selection and |
4 |
| terms of office only as approved by referendum or as
otherwise |
5 |
| authorized by law. A home rule county shall have the power to
|
6 |
| provide for its officers, their manner of selection and terms |
7 |
| of office
in the manner set forth in Section 4 of this Article.
|
8 |
| (g) The General Assembly by a law approved by the vote of
|
9 |
| three-fifths of the members elected to each house may deny or |
10 |
| limit the
power to tax and any other power or function of a |
11 |
| home rule unit not
exercised or performed by the State other |
12 |
| than a power or function
specified in subsection (l) of this |
13 |
| section.
|
14 |
| (h) The General Assembly may provide specifically by law |
15 |
| for the
exclusive exercise by the State of any power or |
16 |
| function of a home rule
unit other than a taxing power or a |
17 |
| power or function specified in
subsection (l) of this Section.
|
18 |
| (i) Home rule units may exercise and perform concurrently |
19 |
| with the
State any power or function of a home rule unit to the |
20 |
| extent that the
General Assembly by law does not specifically |
21 |
| limit the concurrent
exercise or specifically declare the |
22 |
| State's exercise to be exclusive.
|
23 |
| (j) The General Assembly may limit by law the amount of |
24 |
| debt which
home rule counties may incur and may limit by law |
25 |
| approved by
three-fifths of the members elected to each house |
26 |
| the amount of debt,
other than debt payable from ad valorem |
|
|
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|
1 |
| property tax receipts, which
home rule municipalities may |
2 |
| incur.
|
3 |
| (k) The General Assembly may limit by law the amount and |
4 |
| require
referendum approval of debt to be incurred by home rule |
5 |
| municipalities,
payable from ad valorem property tax receipts, |
6 |
| only in excess of the
following percentages of the assessed |
7 |
| value of its taxable property: (1)
if its population is 500,000 |
8 |
| or more, an aggregate of three percent; (2)
if its population |
9 |
| is more than 25,000 and less than 500,000, an
aggregate of one |
10 |
| percent; and (3) if its population is 25,000 or less,
an |
11 |
| aggregate of one-half percent. Indebtedness which is |
12 |
| outstanding on
the effective date of this Constitution or which |
13 |
| is thereafter approved
by referendum or assumed from another |
14 |
| unit of local government shall not
be included in the foregoing |
15 |
| percentage amounts.
|
16 |
| (l) The General Assembly may not deny or limit the power of |
17 |
| home
rule units (1) to make local improvements by special |
18 |
| assessment and to
exercise this power jointly with other |
19 |
| counties and municipalities, and
other classes of units of |
20 |
| local government having that power on the
effective date of |
21 |
| this Constitution unless that power is subsequently
denied by |
22 |
| law to any such other units of local government or (2) to levy
|
23 |
| or impose additional taxes upon areas within their boundaries |
24 |
| in the
manner provided by law for the provision of special |
25 |
| services to those
areas and for the payment of debt incurred in |
26 |
| order to provide those
special services.
|
|
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|
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| (m) Powers and functions of home rule units shall be |
2 |
| construed
liberally.
|
3 |
| (Source: Illinois Constitution .)
|
4 |
| ARTICLE VIII
|
5 |
| FINANCE
|
6 |
| (ILCON Art. VIII, Sec. 3)
|
7 |
| SECTION 3. STATE AUDIT AND AUDITOR GENERAL
|
8 |
| (a) The General Assembly shall provide by law for the audit |
9 |
| of the
obligation, receipt and use of public funds of the |
10 |
| State. The General
Assembly, by a vote of three-fifths of the |
11 |
| members elected to each
house , shall appoint an Auditor General |
12 |
| and may remove him or her for cause by
a similar vote. The |
13 |
| Auditor General shall serve for a term of ten years.
His or her |
14 |
| compensation shall be established by law and shall not be
|
15 |
| diminished, but may be increased, to take effect during his or |
16 |
| her term.
|
17 |
| (b) The Auditor General shall conduct the audit of public |
18 |
| funds of
the State. He or she shall make additional reports and |
19 |
| investigations as
directed by the General Assembly. He or she |
20 |
| shall report his or her findings and
recommendations to the |
21 |
| General Assembly and to the Governor.
|
22 |
| (Source: Illinois Constitution.)
|
|
|
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|
1 |
| ARTICLE IX
|
2 |
| REVENUE
|
3 |
| (ILCON Art. IX, Sec. 9)
|
4 |
| SECTION 9. STATE DEBT
|
5 |
| (a) No State debt shall be incurred except as provided in |
6 |
| this Section.
For the purpose of this Section, "State debt" |
7 |
| means bonds or other
evidences of indebtedness which are |
8 |
| secured by the full faith and credit
of the State or are |
9 |
| required to be repaid, directly or indirectly, from
tax revenue |
10 |
| and which are incurred by the State, any department,
authority, |
11 |
| public corporation or quasi-public corporation of the State,
|
12 |
| any State college or university, or any other public agency |
13 |
| created by
the State, but not by units of local government, or |
14 |
| school districts.
|
15 |
| (b) State debt for specific purposes may be incurred or the |
16 |
| payment
of State or other debt guaranteed in such amounts as |
17 |
| may be provided
either in a law passed by the vote of |
18 |
| three-fifths of the members
elected to each house of the |
19 |
| General Assembly or in a law approved by a
majority of the |
20 |
| electors voting on the question at the next general
election |
21 |
| following passage. Any law providing for the incurring or
|
22 |
| guaranteeing of debt shall set forth the specific purposes and |
|
|
|
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1 |
| the
manner of repayment.
|
2 |
| (c) State debt in anticipation of revenues to be collected |
3 |
| in a
fiscal year may be incurred by law in an amount not |
4 |
| exceeding 5% of the
State's appropriations for that fiscal |
5 |
| year. Such debt shall be retired
from the revenues realized in |
6 |
| that fiscal year.
|
7 |
| (d) State debt may be incurred by law in an amount not |
8 |
| exceeding 15%
of the State's appropriations for that fiscal |
9 |
| year to meet deficits
caused by emergencies or failures of |
10 |
| revenue. Such law shall provide
that the debt be repaid within |
11 |
| one year of the date it is incurred.
|
12 |
| (e) State debt may be incurred by law to refund outstanding |
13 |
| State
debt if the refunding debt matures within the term of the |
14 |
| outstanding
State debt.
|
15 |
| (f) The State, departments, authorities, public |
16 |
| corporations and
quasi-public corporations of the State, the |
17 |
| State colleges and
universities and other public agencies |
18 |
| created by the State, may issue
bonds or other evidences of |
19 |
| indebtedness which are not secured by the
full faith and credit |
20 |
| or tax revenue of the State nor required to be
repaid, directly |
21 |
| or indirectly, from tax revenue, for such purposes and
in such |
22 |
| amounts as may be authorized by law.
|
23 |
| (Source: Illinois Constitution.)
|
24 |
| ARTICLE XIII
|
|
|
|
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|
1 |
| GENERAL PROVISIONS
|
2 |
| (ILCON Art. XIII, Sec. 8)
|
3 |
| SECTION 8. BRANCH BANKING
|
4 |
| Branch banking shall be authorized only by law approved by |
5 |
| three-fifths
of the members voting on the question or a |
6 |
| majority of the members
elected, whichever is greater, in each |
7 |
| house of the General Assembly.
|
8 |
| (Source: Illinois Constitution.)
|
9 |
| ARTICLE XIV
|
10 |
| CONSTITUTIONAL REVISION
|
11 |
| (ILCON Art. XIV, Sec. 1)
|
12 |
| SECTION 1. CONSTITUTIONAL CONVENTION
|
13 |
| (a) Whenever three-fifths of the members elected to each |
14 |
| house of the
General Assembly so direct, the question of |
15 |
| whether a Constitutional
Convention should be called shall be |
16 |
| submitted to the electors at the
general election next |
17 |
| occurring at least six months after such
legislative direction.
|
18 |
| (b) If the question of whether a Convention should be |
19 |
| called is not
submitted during any twenty-year period, the |
20 |
| Secretary of State shall
submit such question at the general |
|
|
|
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|
1 |
| election in the twentieth year
following the last submission.
|
2 |
| (c) The vote on whether to call a Convention shall be on a |
3 |
| separate
ballot. A Convention shall be called if approved by |
4 |
| three-fifths of
those voting on the question or a majority of |
5 |
| those voting in the
election.
|
6 |
| (d) The General Assembly, at the session following approval |
7 |
| by the
electors, by law shall provide for the Convention and |
8 |
| for the election
of two delegates from each Legislative |
9 |
| District; designate the time and
place of the Convention's |
10 |
| first meeting which shall be within three
months after the |
11 |
| election of delegates; fix and provide for the pay of
delegates |
12 |
| and officers; and provide for expenses necessarily incurred by
|
13 |
| the Convention.
|
14 |
| (e) To be eligible to be a delegate a person must meet the |
15 |
| same
eligibility requirements as a member of the General |
16 |
| Assembly. Vacancies
shall be filled as provided by law.
|
17 |
| (f) The Convention shall prepare such revision of or |
18 |
| amendments to
the Constitution as it deems necessary. Any |
19 |
| proposed revision or
amendments approved by a majority of the |
20 |
| delegates elected shall be
submitted to the electors in such |
21 |
| manner as the Convention determines,
at an election designated |
22 |
| or called by the Convention occurring not less
than two nor |
23 |
| more than six months after the Convention's adjournment.
Any |
24 |
| revision or amendments proposed by the Convention shall be |
25 |
| published
with explanations, as the Convention provides, at |
26 |
| least one month
preceding the election.
|
|
|
|
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|
1 |
| (g) The vote on the proposed revision or amendments shall |
2 |
| be on a
separate ballot. Any proposed revision or amendments |
3 |
| shall become
effective, as the Convention provides, if approved |
4 |
| by a majority of
those voting on the question.
|
5 |
| (Source: Illinois Constitution.)
|
6 |
| (ILCON Art. XIV, Sec. 2)
|
7 |
| SECTION 2. AMENDMENTS BY GENERAL ASSEMBLY
|
8 |
| (a) Amendments to this Constitution may be initiated in |
9 |
| either house of
the General Assembly. Amendments shall be read |
10 |
| in full on three
different days in the General Assembly each |
11 |
| house and reproduced before the vote is taken on
final passage. |
12 |
| Amendments approved by the vote of three-fifths of the
members |
13 |
| elected to each house shall be submitted to the electors at the
|
14 |
| general election next occurring at least six months after such
|
15 |
| legislative approval, unless withdrawn by a vote of a majority |
16 |
| of the
members elected to each house .
|
17 |
| (b) Amendments proposed by the General Assembly shall be |
18 |
| published
with explanations, as provided by law, at least one |
19 |
| month preceding the
vote thereon by the electors. The vote on |
20 |
| the proposed amendment or
amendments shall be on a separate |
21 |
| ballot. A proposed amendment shall
become effective as the |
22 |
| amendment provides if approved by either
three-fifths of those |
23 |
| voting on the question or a majority of those
voting in the |
24 |
| election.
|
|
|
|
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|
1 |
| (c) The General Assembly shall not submit proposed |
2 |
| amendments to
more than three Articles of the Constitution at |
3 |
| any one election. No
amendment shall be proposed or submitted |
4 |
| under this Section from the
time a Convention is called until |
5 |
| after the electors have voted on the
revision or amendments, if |
6 |
| any, proposed by such Convention.
|
7 |
| (Source: Illinois Constitution.)
|
8 |
| (ILCON Art. XIV, Sec. 4)
|
9 |
| SECTION 4. AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES
|
10 |
| The affirmative vote of three-fifths of the members elected |
11 |
| to each
house of the General Assembly shall be required to |
12 |
| request Congress to
call a Federal Constitutional Convention, |
13 |
| to ratify a proposed amendment
to the Constitution of the |
14 |
| United States, or to call a State Convention
to ratify a |
15 |
| proposed amendment to the Constitution of the United States.
|
16 |
| The General Assembly shall not take action on any proposed |
17 |
| amendment to
the Constitution of the United States submitted |
18 |
| for ratification by
legislatures unless a majority of the |
19 |
| members of the General Assembly
shall have been elected after |
20 |
| the proposed amendment has been submitted
for ratification. The |
21 |
| requirements of this Section shall govern to the
extent that |
22 |
| they are not inconsistent with requirements established by
the |
23 |
| United States.
|
24 |
| (Source: Illinois Constitution.)
|