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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT SC0014 Introduced 2/14/2013, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED: |
| | ILCON Art. IV, Sec. 8 | ILCON Art. IV, Sec. 9 | ILCON Art. IV, Sec. 10 | | ILCON Art. VII, Sec. 6 | | ILCON Art. IX, Sec. 9 |
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Proposes to amend the Legislature, Local Government, and Revenue Articles of the Illinois Constitution. Provides that on the date of a general election through the term of the then-current General Assembly, no bill shall become law without the concurrence of at least two-thirds of the members elected to each house. Effective upon being declared adopted.
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1 | | SENATE JOINT RESOLUTION
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2 | | CONSTITUTIONAL AMENDMENT
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3 | | RESOLVED, BY THE SENATE OF THE NINETY-EIGHTH 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 change Sections 8, 9, and 10 |
9 | | of Article IV, Section 6 of Article VII, and Section 9 of |
10 | | Article IX as follows:
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11 | | ARTICLE IV
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12 | | THE LEGISLATURE
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13 | | (ILCON Art. IV, Sec. 8)
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14 | | SECTION 8. PASSAGE OF BILLS
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15 | | (a) The enacting clause of the laws of this State shall be: |
16 | | "Be it
enacted by the People of the State of Illinois, |
17 | | represented in the
General Assembly."
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18 | | (b) The General Assembly shall enact laws only by bill. |
19 | | Bills may
originate in either house, but may be amended or |
20 | | rejected by the other.
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21 | | (c) No bill shall become a law without the concurrence of a |
22 | | majority
of the members elected to each house ; except that on |
23 | | the date of a general election through the term of the |
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1 | | then-current General Assembly, no bill shall become law without |
2 | | the concurrence of at least two-thirds of the members elected |
3 | | to each house . Final passage of a bill shall be
by record vote. |
4 | | In the Senate at the request of two members, and in the
House |
5 | | at the request of five members, a record vote may be taken on |
6 | | any
other occasion. A record vote is a vote by yeas and nays |
7 | | entered on the
journal.
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8 | | (d) A bill shall be read by title on three different days |
9 | | in each
house. A bill and each amendment thereto shall be |
10 | | reproduced and placed
on the desk of each member before final |
11 | | passage.
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12 | | Bills, except bills for appropriations and for the |
13 | | codification,
revision or rearrangement of laws, shall be |
14 | | confined to one subject.
Appropriation bills shall be limited |
15 | | to the subject of appropriations.
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16 | | A bill expressly amending a law shall set forth completely |
17 | | the
sections amended.
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18 | | The Speaker of the House of Representatives and the |
19 | | President of the
Senate shall sign each bill that passes both |
20 | | houses to certify that the
procedural requirements for passage |
21 | | have been met.
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22 | | (Source: Illinois Constitution.)
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23 | | (ILCON Art. IV, Sec. 9)
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24 | | SECTION 9. VETO PROCEDURE
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25 | | (a) Every bill passed by the General Assembly shall be |
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1 | | presented to the
Governor within 30 calendar days after its |
2 | | passage. The foregoing
requirement shall be judicially |
3 | | enforceable. If the Governor approves
the bill, he shall sign |
4 | | it and it shall become law.
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5 | | (b) If the Governor does not approve the bill, he shall |
6 | | veto it by
returning it with his objections to the house in |
7 | | which it originated.
Any bill not so returned by the Governor |
8 | | within 60 calendar days after
it is presented to him shall |
9 | | become law. If recess or adjournment of the
General Assembly |
10 | | prevents the return of a bill, the bill and the
Governor's |
11 | | objections shall be filed with the Secretary of State within
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12 | | such 60 calendar days. The Secretary of State shall return the |
13 | | bill and
objections to the originating house promptly upon the |
14 | | next meeting of
the same General Assembly at which the bill can |
15 | | be considered.
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16 | | (c) The house to which a bill is returned shall immediately |
17 | | enter
the Governor's objections upon its journal. If within 15 |
18 | | calendar days
after such entry that house by a record vote of |
19 | | three-fifths (at least two-thirds on the date of a general |
20 | | election through the term of the then-current General Assembly) |
21 | | of the
members elected passes the bill, it shall be delivered |
22 | | immediately to
the second house. If within 15 calendar days |
23 | | after such delivery the
second house by a record vote of |
24 | | three-fifths (at least two-thirds on the date of a general |
25 | | election through the term of the then-current General Assembly) |
26 | | of the members elected
passes the bill, it shall become law.
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1 | | (d) The Governor may reduce or veto any item of |
2 | | appropriations in a
bill presented to him. Portions of a bill |
3 | | not reduced or vetoed shall
become law. An item vetoed shall be |
4 | | returned to the house in which it
originated and may become law |
5 | | in the same manner as a vetoed bill. An
item reduced in amount |
6 | | shall be returned to the house in which it
originated and may |
7 | | be restored to its original amount in the same manner
as a |
8 | | vetoed bill except that the required record vote shall be a
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9 | | majority (at least two-thirds on the date of a general election |
10 | | through the term of the then-current General Assembly) of the |
11 | | members elected to each house. If a reduced item is not
so |
12 | | restored, it shall become law in the reduced amount.
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13 | | (e) The Governor may return a bill together with specific
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14 | | recommendations for change to the house in which it originated. |
15 | | The bill
shall be considered in the same manner as a vetoed |
16 | | bill but the specific
recommendations may be accepted by a |
17 | | record vote of a majority (at least two-thirds on the date of a |
18 | | general election through the term of the then-current General |
19 | | Assembly) of the
members elected to each house. Such bill shall |
20 | | be presented again to the
Governor and if he certifies that |
21 | | such acceptance conforms to his
specific recommendations, the |
22 | | bill shall become law. If he does not so
certify, he shall |
23 | | return it as a vetoed bill to the house in which it
originated.
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24 | | (Source: Illinois Constitution.)
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25 | | (ILCON Art. IV, Sec. 10)
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1 | | SECTION 10. EFFECTIVE DATE OF LAWS
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2 | | The General Assembly shall provide by law for a uniform |
3 | | effective date for
laws passed prior to June 1 of a calendar |
4 | | year. The General Assembly may
provide for a different |
5 | | effective date in any law passed prior to June 1. A
bill passed |
6 | | after May 31 shall not become effective prior to June 1 of the |
7 | | next
calendar year unless the General Assembly by the vote of |
8 | | three-fifths (at least two-thirds on the date of a general |
9 | | election through the term of the then-current General Assembly) |
10 | | of the
members elected to each house provides for an earlier |
11 | | effective date.
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12 | | (Source: Amendment adopted at general election November 8, |
13 | | 1994.)
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14 | | ARTICLE VII
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15 | | LOCAL GOVERNMENT
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16 | | (ILCON Art. VII, Sec. 6)
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17 | | SECTION 6. POWERS OF HOME RULE UNITS
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18 | | (a) A County which has a chief executive officer elected by |
19 | | the
electors of the county and any municipality which has a |
20 | | population of
more than 25,000 are home rule units. Other |
21 | | municipalities may elect by
referendum to become home rule |
22 | | units. Except as limited by this Section,
a home rule unit may |
23 | | exercise any power and perform any function
pertaining to its |
24 | | government and affairs including, but not limited to,
the power |
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1 | | to regulate for the protection of the public health, safety,
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2 | | morals and welfare; to license; to tax; and to incur debt.
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3 | | (b) A home rule unit by referendum may elect not to be a |
4 | | home rule
unit.
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5 | | (c) If a home rule county ordinance conflicts with an |
6 | | ordinance of a
municipality, the municipal ordinance shall |
7 | | prevail within its
jurisdiction.
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8 | | (d) A home rule unit does not have the power (1) to incur |
9 | | debt
payable from ad valorem property tax receipts maturing |
10 | | more than 40
years from the time it is incurred or (2) to |
11 | | define and provide for the
punishment of a felony.
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12 | | (e) A home rule unit shall have only the power that the |
13 | | General
Assembly may provide by law (1) to punish by |
14 | | imprisonment for more than
six months or (2) to license for |
15 | | revenue or impose taxes upon or
measured by income or earnings |
16 | | or upon occupations.
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17 | | (f) A home rule unit shall have the power subject to |
18 | | approval by
referendum to adopt, alter or repeal a form of |
19 | | government provided by
law, except that the form of government |
20 | | of Cook County shall be subject
to the provisions of Section 3 |
21 | | of this Article. A home rule municipality
shall have the power |
22 | | to provide for its officers, their manner of
selection and |
23 | | terms of office only as approved by referendum or as
otherwise |
24 | | authorized by law. A home rule county shall have the power to
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25 | | provide for its officers, their manner of selection and terms |
26 | | of office
in the manner set forth in Section 4 of this Article.
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1 | | (g) The General Assembly by a law approved by the vote of
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2 | | three-fifths (at least two-thirds on the date of a general |
3 | | election through the term of the then-current General Assembly) |
4 | | of the members elected to each house may deny or limit the
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5 | | power to tax and any other power or function of a home rule |
6 | | unit not
exercised or performed by the State other than a power |
7 | | or function
specified in subsection (l) of this section.
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8 | | (h) The General Assembly may provide specifically by law |
9 | | for the
exclusive exercise by the State of any power or |
10 | | function of a home rule
unit other than a taxing power or a |
11 | | power or function specified in
subsection (l) of this Section.
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12 | | (i) Home rule units may exercise and perform concurrently |
13 | | with the
State any power or function of a home rule unit to the |
14 | | extent that the
General Assembly by law does not specifically |
15 | | limit the concurrent
exercise or specifically declare the |
16 | | State's exercise to be exclusive.
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17 | | (j) The General Assembly may limit by law the amount of |
18 | | debt which
home rule counties may incur and may limit by law |
19 | | approved by
three-fifths (at least two-thirds on the date of a |
20 | | general election through the term of the then-current General |
21 | | Assembly) of the members elected to each house the amount of |
22 | | debt,
other than debt payable from ad valorem property tax |
23 | | receipts, which
home rule municipalities may incur.
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24 | | (k) The General Assembly may limit by law the amount and |
25 | | require
referendum approval of debt to be incurred by home rule |
26 | | municipalities,
payable from ad valorem property tax receipts, |
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1 | | only in excess of the
following percentages of the assessed |
2 | | value of its taxable property: (1)
if its population is 500,000 |
3 | | or more, an aggregate of three percent; (2)
if its population |
4 | | is more than 25,000 and less than 500,000, an
aggregate of one |
5 | | percent; and (3) if its population is 25,000 or less,
an |
6 | | aggregate of one-half percent. Indebtedness which is |
7 | | outstanding on
the effective date of this Constitution or which |
8 | | is thereafter approved
by referendum or assumed from another |
9 | | unit of local government shall not
be included in the foregoing |
10 | | percentage amounts.
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11 | | (l) The General Assembly may not deny or limit the power of |
12 | | home
rule units (1) to make local improvements by special |
13 | | assessment and to
exercise this power jointly with other |
14 | | counties and municipalities, and
other classes of units of |
15 | | local government having that power on the
effective date of |
16 | | this Constitution unless that power is subsequently
denied by |
17 | | law to any such other units of local government or (2) to levy
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18 | | or impose additional taxes upon areas within their boundaries |
19 | | in the
manner provided by law for the provision of special |
20 | | services to those
areas and for the payment of debt incurred in |
21 | | order to provide those
special services.
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22 | | (m) Powers and functions of home rule units shall be |
23 | | construed
liberally.
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24 | | (Source: Illinois Constitution .)
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25 | | ARTICLE IX
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1 | | REVENUE
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2 | | (ILCON Art. IX, Sec. 9)
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3 | | SECTION 9. STATE DEBT
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4 | | (a) No State debt shall be incurred except as provided in |
5 | | this Section.
For the purpose of this Section, "State debt" |
6 | | means bonds or other
evidences of indebtedness which are |
7 | | secured by the full faith and credit
of the State or are |
8 | | required to be repaid, directly or indirectly, from
tax revenue |
9 | | and which are incurred by the State, any department,
authority, |
10 | | public corporation or quasi-public corporation of the State,
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11 | | any State college or university, or any other public agency |
12 | | created by
the State, but not by units of local government, or |
13 | | school districts.
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14 | | (b) State debt for specific purposes may be incurred or the |
15 | | payment
of State or other debt guaranteed in such amounts as |
16 | | may be provided
either in a law passed by the vote of |
17 | | three-fifths (at least two-thirds on the date of a general |
18 | | election through the term of the then-current General Assembly) |
19 | | of the members
elected to each house of the General Assembly or |
20 | | in a law approved by a
majority of the electors voting on the |
21 | | question at the next general
election following passage. Any |
22 | | law providing for the incurring or
guaranteeing of debt shall |
23 | | set forth the specific purposes and the
manner of repayment.
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24 | | (c) State debt in anticipation of revenues to be collected |
25 | | in a
fiscal year may be incurred by law in an amount not |
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1 | | exceeding 5% of the
State's appropriations for that fiscal |
2 | | year. Such debt shall be retired
from the revenues realized in |
3 | | that fiscal year.
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4 | | (d) State debt may be incurred by law in an amount not |
5 | | exceeding 15%
of the State's appropriations for that fiscal |
6 | | year to meet deficits
caused by emergencies or failures of |
7 | | revenue. Such law shall provide
that the debt be repaid within |
8 | | one year of the date it is incurred.
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9 | | (e) State debt may be incurred by law to refund outstanding |
10 | | State
debt if the refunding debt matures within the term of the |
11 | | outstanding
State debt.
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12 | | (f) The State, departments, authorities, public |
13 | | corporations and
quasi-public corporations of the State, the |
14 | | State colleges and
universities and other public agencies |
15 | | created by the State, may issue
bonds or other evidences of |
16 | | indebtedness which are not secured by the
full faith and credit |
17 | | or tax revenue of the State nor required to be
repaid, directly |
18 | | or indirectly, from tax revenue, for such purposes and
in such |
19 | | amounts as may be authorized by law.
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20 | | (Source: Illinois Constitution.)
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21 | | SCHEDULE
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22 | | This Constitutional Amendment takes effect upon being |
23 | | declared adopted in accordance with Section 7 of the Illinois |
24 | | Constitutional Amendment Act.
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