95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
SENATE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
SC0012

 

Introduced 2/8/2007, by Sen. John O. Jones

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. VII, Sec. 6

    Proposes to amend the Local Government Article of the Illinois Constitution. Deletes the authority of any county to be a home rule unit. Effective upon being declared adopted.


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A BILL FOR

 

SC0012 LRB095 04744 HLH 24803 e

1
SENATE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3     RESOLVED, BY THE SENATE OF THE NINETY-FIFTH GENERAL
4 ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
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 Article VII of the
9 Illinois Constitution by changing Section 6 as follows:
 
10
ARTICLE VII
11
LOCAL GOVERNMENT

12     (ILCON Art. VII, Sec. 6)
13 SECTION 6. POWERS OF HOME RULE UNITS
14     (a) Any A County which has a chief executive officer
15 elected by the electors of the county and any municipality
16 which has a population of more than 25,000 is a are home rule
17 unit units. Other municipalities may elect by referendum to
18 become home rule units. Except as limited by this Section, a
19 home rule unit may exercise any power and perform any function
20 pertaining to its government and affairs including, but not
21 limited to, the power to regulate for the protection of the
22 public health, safety, morals and welfare; to license; to tax;
23 and to incur debt.

 

 

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1     (b) A home rule unit by referendum may elect not to be a
2 home rule unit.
3     (c) (Blank). If a home rule county ordinance conflicts with
4 an ordinance of a municipality, the municipal ordinance shall
5 prevail within its jurisdiction.
6     (d) A home rule unit does not have the power (1) to incur
7 debt payable from ad valorem property tax receipts maturing
8 more than 40 years from the time it is incurred or (2) to
9 define and provide for the punishment of a felony.
10     (e) A home rule unit shall have only the power that the
11 General Assembly may provide by law (1) to punish by
12 imprisonment for more than six months or (2) to license for
13 revenue or impose taxes upon or measured by income or earnings
14 or upon occupations.
15     (f) A home rule unit shall have the power subject to
16 approval by referendum to adopt, alter or repeal a form of
17 government provided by law, except that the form of government
18 of Cook County shall be subject to the provisions of Section 3
19 of this Article. A home rule municipality shall have the power
20 to provide for its officers, their manner of selection and
21 terms of office only as approved by referendum or as otherwise
22 authorized by law. A home rule county shall have the power to
23 provide for its officers, their manner of selection and terms
24 of office in the manner set forth in Section 4 of this Article.
25     (g) The General Assembly by a law approved by the vote of
26 three-fifths of the members elected to each house may deny or

 

 

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1 limit the power to tax and any other power or function of a
2 home rule unit not exercised or performed by the State other
3 than a power or function specified in subsection (l) of this
4 section.
5     (h) The General Assembly may provide specifically by law
6 for the exclusive exercise by the State of any power or
7 function of a home rule unit other than a taxing power or a
8 power or function specified in subsection (l) of this Section.
9     (i) Home rule units may exercise and perform concurrently
10 with the State any power or function of a home rule unit to the
11 extent that the General Assembly by law does not specifically
12 limit the concurrent exercise or specifically declare the
13 State's exercise to be exclusive.
14     (j) The General Assembly may limit by law the amount of
15 debt which home rule counties may incur and may limit by law
16 approved by three-fifths of the members elected to each house
17 the amount of debt, other than debt payable from ad valorem
18 property tax receipts, which home rule municipalities may
19 incur.
20     (k) The General Assembly may limit by law the amount and
21 require referendum approval of debt to be incurred by home rule
22 municipalities, payable from ad valorem property tax receipts,
23 only in excess of the following percentages of the assessed
24 value of its taxable property: (1) if its population is 500,000
25 or more, an aggregate of three percent; (2) if its population
26 is more than 25,000 and less than 500,000, an aggregate of one

 

 

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1 percent; and (3) if its population is 25,000 or less, an
2 aggregate of one-half percent. Indebtedness which is
3 outstanding on the effective date of this Constitution or which
4 is thereafter approved by referendum or assumed from another
5 unit of local government shall not be included in the foregoing
6 percentage amounts.
7     (l) The General Assembly may not deny or limit the power of
8 home rule units (1) to make local improvements by special
9 assessment and to exercise this power jointly with other
10 counties and municipalities, and other classes of units of
11 local government having that power on the effective date of
12 this Constitution unless that power is subsequently denied by
13 law to any such other units of local government or (2) to levy
14 or impose additional taxes upon areas within their boundaries
15 in the manner provided by law for the provision of special
16 services to those areas and for the payment of debt incurred in
17 order to provide those special services.
18     (m) Powers and functions of home rule units shall be
19 construed liberally.
20 (Source: Illinois Constitution.)
 
21
SCHEDULE
22     This Constitutional Amendment takes effect upon being
23 declared adopted in accordance with Section 7 of the Illinois
24 Constitutional Amendment Act.