99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HOUSE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
HC0038

 

Introduced , by Rep. Mike Smiddy

 

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

    Proposes to amend the Local Government Article of the Illinois Constitution. Provides that a municipality shall automatically become a home rule unit with a population of more than 5,000 (currently, more than 25,000). Makes conforming changes. Effective upon being declared adopted.


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1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE
4NINETY-NINTH 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 Section 6 of Article VII
9as follows:
 
10
ARTICLE VII
11
LOCAL GOVERNMENT

12    (ILCON Art. VII, Sec. 6)
13SECTION 6. POWERS OF HOME RULE UNITS
14    (a) A County which has a chief executive officer elected by
15the electors of the county and any municipality which has a
16population of more than 5,000 25,000 are home rule units. Other
17municipalities may elect by referendum to become home rule
18units. Except as limited by this Section, a home rule unit may
19exercise any power and perform any function pertaining to its
20government and affairs including, but not limited to, the power
21to regulate for the protection of the public health, safety,
22morals and welfare; to license; to tax; and to incur debt.
23    (b) A home rule unit by referendum may elect not to be a

 

 

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

 

 

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

 

 

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