Full Text of HJRCA0037 96th General Assembly
HC0037 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT HC0037
Introduced , by Rep. Keith Farnham SYNOPSIS AS INTRODUCED: |
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ILCON Art. VIII, Sec. 2.1 new |
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Proposes to amend the Finance Article of the Illinois Constitution. Limits aggregate appropriations and transfers from the State's general funds in a fiscal year to the aggregate appropriations and transfers in the previous fiscal year, as adjusted by the 5-year average annual change in per capita personal income. Allows the Governor to declare a fiscal emergency and the General Assembly, by a three-fifths vote, to exceed the limitation. Requires excess revenues to be deposited into budget stabilization funds, and allows certain excess funds to be refunded. Effective upon being declared adopted.
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A BILL FOR
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HC0037 |
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LRB096 14612 RCE 29451 e |
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| HOUSE JOINT RESOLUTION
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| CONSTITUTIONAL AMENDMENT
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| RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 4 |
| NINETY-SIXTH 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 add Section 2.1 to Article | 9 |
| VIII of the Illinois Constitution as follows:
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| ARTICLE VIII
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| FINANCE
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| (ILCON Art. VIII, Sec. 2.1 new) | 13 |
| SECTION 2.1. LIMITATIONS ON APPROPRIATIONS AND TRANSFERS | 14 |
| (a) For the fiscal year ending in 2012 and each fiscal year | 15 |
| thereafter, aggregate appropriations and transfers from the | 16 |
| general funds are limited as provided in this Section. "General | 17 |
| funds" include the general revenue fund and any other funds | 18 |
| designated by the General Assembly by law making specific | 19 |
| reference to this Section. "Appropriations and transfers" do | 20 |
| not include (i) reappropriations from a previous fiscal year, | 21 |
| (ii) those made for debt service payments, and (iii) those made | 22 |
| to a budget stabilization fund. | 23 |
| (b) Aggregate fiscal year appropriations and transfers |
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HC0037 |
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LRB096 14612 RCE 29451 e |
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| from the general funds may not exceed the limitation amount. | 2 |
| The limitation amount is the aggregate amount of appropriations | 3 |
| and transfers from the general funds in the previous fiscal | 4 |
| year, including increased amounts under subsection (c), as | 5 |
| adjusted. The adjustment is the average annual percentage | 6 |
| change in the average per capita personal income for Illinois | 7 |
| for the five most recent calendar years for which data is | 8 |
| available, as defined and reported by the United States | 9 |
| Department of Commerce, or its successor. | 10 |
| (c) The Governor may declare a fiscal emergency by filing a | 11 |
| declaration with the Secretary of State and copies with the | 12 |
| Senate and House of Representatives. The declaration must be | 13 |
| limited to only one State fiscal year, set forth compelling | 14 |
| reasons for declaring a fiscal emergency, and request that the | 15 |
| limitation amount for that fiscal year be increased by a | 16 |
| specific dollar amount. The Supreme Court has original and | 17 |
| exclusive jurisdiction over actions to determine the validity | 18 |
| and sufficiency of a declaration, which shall be initiated in | 19 |
| the name of the People of the State by the Attorney General. By | 20 |
| joint resolution adopted by a record vote of three-fifths of | 21 |
| the members elected in each house, the General Assembly may | 22 |
| authorize increased appropriations and transfers in a specific | 23 |
| dollar amount that is no more than the increased amount | 24 |
| requested by the Governor in the declaration. | 25 |
| (d) If the general funds revenues for a fiscal year exceed | 26 |
| the limitation amount for that fiscal year, then those excess |
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LRB096 14612 RCE 29451 e |
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| revenues must be deposited into one or more budget | 2 |
| stabilization funds. A budget stabilization fund must be | 3 |
| designated by law making specific reference to this Section or, | 4 |
| in the absence of law, by the Comptroller. If the aggregate | 5 |
| unexpended and unobligated amount in the budget stabilization | 6 |
| funds at the end of a fiscal year exceeds an amount equal to | 7 |
| ten percent of the limitation amount for that fiscal year, then | 8 |
| that excess shall be refunded in a manner and in amounts | 9 |
| determined by the General Assembly by law.
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| SCHEDULE
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| This Constitutional Amendment takes effect upon being | 12 |
| declared adopted in accordance with Section 7 of the Illinois | 13 |
| Constitutional Amendment Act.
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