97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0005

 

Introduced 1/18/2011, by Rep. Michael J. Madigan

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. XIII, Sec. 5.1 new

    Proposes to amend the General Provisions Article of the Illinois Constitution. Provides that a bill shall not become a law without the concurrence of three-fifths of the members elected to each house of the General Assembly if that bill increases a benefit under any pension or retirement system of the State, any unit of local government or school district, or any agency or instrumentality thereof. Provides that if the Governor vetoes such a bill, then it shall not become law unless it is passed, upon its return, by a record vote of two-thirds of the members elected to each house of the General Assembly. Provides that if the Governor returns such a bill with specific recommendations for change to the house in which it originated, then those recommendations may be accepted only by a record vote of two-thirds of the members elected to each house of the General Assembly. Provides that an ordinance, resolution, or other action of the governing body of any unit of local government or school district shall not be valid without the concurrence of three-fifths of the members of that governing body if that ordinance, resolution, or other action increases a benefit under any pension or retirement system for officials or employees of that unit of local government or school district, or any agency or instrumentality thereof. Provides that a bill, ordinance, resolution, or other action increases a benefit if it increases the amount of an existing benefit, adds a new benefit, or expands the class of persons eligible for a benefit, regardless of whether it includes an increase in contributions or a reduction in any other benefit. Effective upon being declared adopted.


LRB097 05156 JDS 45203 e

 

HC0005LRB097 05156 JDS 45203 e

1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to amend Article XIII of the
9Illinois Constitution by adding Section 5.1 as follows:
 
10
ARTICLE XIII
11
GENERAL PROVISIONS

12    (ILCON Art. XIII, Sec. 5.1 new)
13SECTION 5.1. PENSION BENEFIT INCREASES
14    (a) A bill shall not become a law without the concurrence
15of three-fifths of the members elected to each house of the
16General Assembly if that bill increases a benefit under any
17pension or retirement system of the State, any unit of local
18government or school district, or any agency or instrumentality
19thereof. However, if the Governor vetoes a bill so passed by
20returning it with his objections to the house in which it
21originated, then that bill shall not become law unless, upon
22its return, it is passed by a record vote of two-thirds of the
23members elected to each house of the General Assembly.

 

 

HC0005- 2 -LRB097 05156 JDS 45203 e

1Likewise, if the Governor returns a bill so passed with
2specific recommendations for change to the house in which it
3originated, then those recommendations may be accepted only by
4a record vote of two-thirds of the members elected to each
5house of the General Assembly. The provisions of this
6subsection (a) apply notwithstanding Article IV.
7    (b) An ordinance, resolution, or other action of the
8governing body of any unit of local government or school
9district shall not be valid without the concurrence of
10three-fifths of the members of that governing body if that
11ordinance, resolution, or other action increases a benefit
12under any pension or retirement system for officials or
13employees of that unit of local government or school district,
14or any agency or instrumentality thereof.
15    (c) For the purposes of this Section, a bill, ordinance,
16resolution, or other action increases a benefit if it increases
17the amount of an existing benefit, adds a new benefit, or
18expands the class of persons eligible for a benefit, regardless
19of whether it includes an increase in contributions or a
20reduction in any other benefit.
 
21
SCHEDULE
22    This Constitutional Amendment takes effect upon being
23declared adopted in accordance with Section 7 of the Illinois
24Constitutional Amendment Act.