Full Text of HJRCA0034 99th General Assembly
HC0034 99TH GENERAL ASSEMBLY |
| | 99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016 HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT HC0034 Introduced , by Rep. Mike Smiddy SYNOPSIS AS INTRODUCED: |
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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 20,000 (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 | 4 | | NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 5 | | SENATE 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 Section 6 of Article VII | 9 | | as follows:
| 10 | | ARTICLE VII
| 11 | | LOCAL GOVERNMENT
| 12 | | (ILCON Art. VII, Sec. 6)
| 13 | | SECTION 6. POWERS OF HOME RULE UNITS
| 14 | | (a) A County which has a chief executive officer elected by | 15 | | the
electors of the county and any municipality which has a | 16 | | population of
more than 20,000 25,000 are home rule units. | 17 | | Other municipalities may elect by
referendum to become home | 18 | | rule units. Except as limited by this Section,
a home rule unit | 19 | | may exercise any power and perform any function
pertaining to | 20 | | its government and affairs including, but not limited to,
the | 21 | | power to regulate for the protection of the public health, | 22 | | safety,
morals and welfare; to license; to tax; and to incur | 23 | | 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) If a home rule county ordinance conflicts with an | 4 | | 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 20,000 25,000 and less than 500,000, an
aggregate |
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| 1 | | of one percent; and (3) if its population is 20,000 25,000 or | 2 | | less,
an 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.
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