97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SENATE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
SC0009

 

Introduced 2/9/2011, 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

    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
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL
4ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
5CONCURRING 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 change Sections 8, 9, and 10
9of Article IV, Section 6 of Article VII, and Section 9 of
10Article IX as follows:
 
11
ARTICLE IV
12
THE LEGISLATURE

13    (ILCON Art. IV, Sec. 8)
14SECTION 8. PASSAGE OF BILLS
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,
17represented in the General Assembly."
18    (b) The General Assembly shall enact laws only by bill.
19Bills may originate in either house, but may be amended or
20rejected by the other.
21    (c) No bill shall become a law without the concurrence of a
22majority of the members elected to each house; except that on
23the date of a general election through the term of the

 

 

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1then-current General Assembly, no bill shall become law without
2the concurrence of at least two-thirds of the members elected
3to each house. Final passage of a bill shall be by record vote.
4In the Senate at the request of two members, and in the House
5at the request of five members, a record vote may be taken on
6any other occasion. A record vote is a vote by yeas and nays
7entered on the journal.
8    (d) A bill shall be read by title on three different days
9in each house. A bill and each amendment thereto shall be
10reproduced and placed on the desk of each member before final
11passage.
12    Bills, except bills for appropriations and for the
13codification, revision or rearrangement of laws, shall be
14confined to one subject. Appropriation bills shall be limited
15to the subject of appropriations.
16    A bill expressly amending a law shall set forth completely
17the sections amended.
18    The Speaker of the House of Representatives and the
19President of the Senate shall sign each bill that passes both
20houses to certify that the procedural requirements for passage
21have been met.
22(Source: Illinois Constitution.)
 
23    (ILCON Art. IV, Sec. 9)
24SECTION 9. VETO PROCEDURE
25    (a) Every bill passed by the General Assembly shall be

 

 

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1presented to the Governor within 30 calendar days after its
2passage. The foregoing requirement shall be judicially
3enforceable. If the Governor approves the bill, he shall sign
4it and it shall become law.
5    (b) If the Governor does not approve the bill, he shall
6veto it by returning it with his objections to the house in
7which it originated. Any bill not so returned by the Governor
8within 60 calendar days after it is presented to him shall
9become law. If recess or adjournment of the General Assembly
10prevents the return of a bill, the bill and the Governor's
11objections shall be filed with the Secretary of State within
12such 60 calendar days. The Secretary of State shall return the
13bill and objections to the originating house promptly upon the
14next meeting of the same General Assembly at which the bill can
15be considered.
16    (c) The house to which a bill is returned shall immediately
17enter the Governor's objections upon its journal. If within 15
18calendar days after such entry that house by a record vote of
19three-fifths (at least two-thirds on the date of a general
20election through the term of the then-current General Assembly)
21of the members elected passes the bill, it shall be delivered
22immediately to the second house. If within 15 calendar days
23after such delivery the second house by a record vote of
24three-fifths (at least two-thirds on the date of a general
25election through the term of the then-current General Assembly)
26of 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
2appropriations in a bill presented to him. Portions of a bill
3not reduced or vetoed shall become law. An item vetoed shall be
4returned to the house in which it originated and may become law
5in the same manner as a vetoed bill. An item reduced in amount
6shall be returned to the house in which it originated and may
7be restored to its original amount in the same manner as a
8vetoed bill except that the required record vote shall be a
9majority (at least two-thirds on the date of a general election
10through the term of the then-current General Assembly) of the
11members elected to each house. If a reduced item is not so
12restored, it shall become law in the reduced amount.
13    (e) The Governor may return a bill together with specific
14recommendations for change to the house in which it originated.
15The bill shall be considered in the same manner as a vetoed
16bill but the specific recommendations may be accepted by a
17record vote of a majority (at least two-thirds on the date of a
18general election through the term of the then-current General
19Assembly) of the members elected to each house. Such bill shall
20be presented again to the Governor and if he certifies that
21such acceptance conforms to his specific recommendations, the
22bill shall become law. If he does not so certify, he shall
23return it as a vetoed bill to the house in which it originated.
24(Source: Illinois Constitution.)
 
25    (ILCON Art. IV, Sec. 10)

 

 

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1SECTION 10. EFFECTIVE DATE OF LAWS
2    The General Assembly shall provide by law for a uniform
3effective date for laws passed prior to June 1 of a calendar
4year. The General Assembly may provide for a different
5effective date in any law passed prior to June 1. A bill passed
6after May 31 shall not become effective prior to June 1 of the
7next calendar year unless the General Assembly by the vote of
8three-fifths (at least two-thirds on the date of a general
9election through the term of the then-current General Assembly)
10of the members elected to each house provides for an earlier
11effective date.
12(Source: Amendment adopted at general election November 8,
131994.)
 
14
ARTICLE VII
15
LOCAL GOVERNMENT

16    (ILCON Art. VII, Sec. 6)
17SECTION 6. POWERS OF HOME RULE UNITS
18    (a) A County which has a chief executive officer elected by
19the electors of the county and any municipality which has a
20population of more than 25,000 are home rule units. Other
21municipalities may elect by referendum to become home rule
22units. Except as limited by this Section, a home rule unit may
23exercise any power and perform any function pertaining to its
24government and affairs including, but not limited to, the power

 

 

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1to regulate for the protection of the public health, safety,
2morals and welfare; to license; to tax; and to incur debt.
3    (b) A home rule unit by referendum may elect not to be a
4home rule unit.
5    (c) If a home rule county ordinance conflicts with an
6ordinance of a municipality, the municipal ordinance shall
7prevail within its jurisdiction.
8    (d) A home rule unit does not have the power (1) to incur
9debt payable from ad valorem property tax receipts maturing
10more than 40 years from the time it is incurred or (2) to
11define and provide for the punishment of a felony.
12    (e) A home rule unit shall have only the power that the
13General Assembly may provide by law (1) to punish by
14imprisonment for more than six months or (2) to license for
15revenue or impose taxes upon or measured by income or earnings
16or upon occupations.
17    (f) A home rule unit shall have the power subject to
18approval by referendum to adopt, alter or repeal a form of
19government provided by law, except that the form of government
20of Cook County shall be subject to the provisions of Section 3
21of this Article. A home rule municipality shall have the power
22to provide for its officers, their manner of selection and
23terms of office only as approved by referendum or as otherwise
24authorized by law. A home rule county shall have the power to
25provide for its officers, their manner of selection and terms
26of 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
2three-fifths (at least two-thirds on the date of a general
3election through the term of the then-current General Assembly)
4of the members elected to each house may deny or limit the
5power to tax and any other power or function of a home rule
6unit not exercised or performed by the State other than a power
7or function specified in subsection (l) of this section.
8    (h) The General Assembly may provide specifically by law
9for the exclusive exercise by the State of any power or
10function of a home rule unit other than a taxing power or a
11power or function specified in subsection (l) of this Section.
12    (i) Home rule units may exercise and perform concurrently
13with the State any power or function of a home rule unit to the
14extent that the General Assembly by law does not specifically
15limit the concurrent exercise or specifically declare the
16State's exercise to be exclusive.
17    (j) The General Assembly may limit by law the amount of
18debt which home rule counties may incur and may limit by law
19approved by three-fifths (at least two-thirds on the date of a
20general election through the term of the then-current General
21Assembly) of the members elected to each house the amount of
22debt, other than debt payable from ad valorem property tax
23receipts, which home rule municipalities may incur.
24    (k) The General Assembly may limit by law the amount and
25require referendum approval of debt to be incurred by home rule
26municipalities, payable from ad valorem property tax receipts,

 

 

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1only in excess of the following percentages of the assessed
2value of its taxable property: (1) if its population is 500,000
3or more, an aggregate of three percent; (2) if its population
4is more than 25,000 and less than 500,000, an aggregate of one
5percent; and (3) if its population is 25,000 or less, an
6aggregate of one-half percent. Indebtedness which is
7outstanding on the effective date of this Constitution or which
8is thereafter approved by referendum or assumed from another
9unit of local government shall not be included in the foregoing
10percentage amounts.
11    (l) The General Assembly may not deny or limit the power of
12home rule units (1) to make local improvements by special
13assessment and to exercise this power jointly with other
14counties and municipalities, and other classes of units of
15local government having that power on the effective date of
16this Constitution unless that power is subsequently denied by
17law to any such other units of local government or (2) to levy
18or impose additional taxes upon areas within their boundaries
19in the manner provided by law for the provision of special
20services to those areas and for the payment of debt incurred in
21order to provide those special services.
22    (m) Powers and functions of home rule units shall be
23construed liberally.
24(Source: Illinois Constitution.)
 
25
ARTICLE IX

 

 

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1
REVENUE

2    (ILCON Art. IX, Sec. 9)
3SECTION 9. STATE DEBT
4    (a) No State debt shall be incurred except as provided in
5this Section. For the purpose of this Section, "State debt"
6means bonds or other evidences of indebtedness which are
7secured by the full faith and credit of the State or are
8required to be repaid, directly or indirectly, from tax revenue
9and which are incurred by the State, any department, authority,
10public corporation or quasi-public corporation of the State,
11any State college or university, or any other public agency
12created by the State, but not by units of local government, or
13school districts.
14    (b) State debt for specific purposes may be incurred or the
15payment of State or other debt guaranteed in such amounts as
16may be provided either in a law passed by the vote of
17three-fifths (at least two-thirds on the date of a general
18election through the term of the then-current General Assembly)
19of the members elected to each house of the General Assembly or
20in a law approved by a majority of the electors voting on the
21question at the next general election following passage. Any
22law providing for the incurring or guaranteeing of debt shall
23set forth the specific purposes and the manner of repayment.
24    (c) State debt in anticipation of revenues to be collected
25in a fiscal year may be incurred by law in an amount not

 

 

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1exceeding 5% of the State's appropriations for that fiscal
2year. Such debt shall be retired from the revenues realized in
3that fiscal year.
4    (d) State debt may be incurred by law in an amount not
5exceeding 15% of the State's appropriations for that fiscal
6year to meet deficits caused by emergencies or failures of
7revenue. Such law shall provide that the debt be repaid within
8one year of the date it is incurred.
9    (e) State debt may be incurred by law to refund outstanding
10State debt if the refunding debt matures within the term of the
11outstanding State debt.
12    (f) The State, departments, authorities, public
13corporations and quasi-public corporations of the State, the
14State colleges and universities and other public agencies
15created by the State, may issue bonds or other evidences of
16indebtedness which are not secured by the full faith and credit
17or tax revenue of the State nor required to be repaid, directly
18or indirectly, from tax revenue, for such purposes and in such
19amounts as may be authorized by law.
20(Source: Illinois Constitution.)
 
21
SCHEDULE
22    This Constitutional Amendment takes effect upon being
23declared adopted in accordance with Section 7 of the Illinois
24Constitutional Amendment Act.