State of Illinois
92nd General Assembly
Legislation

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92_HC0017

 
                                              LRB9218203REsbB

 1                       HOUSE JOINT RESOLUTION
 2                      CONSTITUTIONAL AMENDMENT

 3        RESOLVED,   BY   THE  HOUSE  OF  REPRESENTATIVES  OF  THE
 4    NINETY-SECOND GENERAL ASSEMBLY OF THE STATE OF ILLINOIS,  THE
 5    SENATE  CONCURRING  HEREIN,  that there shall be submitted to
 6    the electors of the State for adoption or  rejection  at  the
 7    general  election  next occurring at least 6 months after the
 8    adoption of this resolution a proposition to add  Section  25
 9    to Article I of the Illinois Constitution as follows:

10                              ARTICLE I
11                           BILL OF RIGHTS

12        (ILCON Art. I, Sec. 25 new)
13    SECTION 25. TAXPAYER SUITS
14        Notwithstanding  any other provision of this Constitution
15    or any  law  or  judicial  decision  to  the  contrary,  each
16    taxpayer  of  this  State  or  of any taxing district in this
17    State has standing to bring suit  in  the  circuit  court  to
18    enforce  the  rights  of  taxpayers  of  the State or of that
19    taxing district,  as  the  case  may  be.   These  rights  of
20    taxpayers  include,  but  are  not  limited to, the right, on
21    behalf of the State or  a  taxing  district,  to  enjoin  the
22    illegal disbursement of public funds, to recover public funds
23    illegally  expended,  to  recover  anything of value obtained
24    through the breach of a public official's fiduciary duty, and
25    to enforce any rights of taxpayers recognized at  common  law
26    or  created  by  the  General  Assembly  by law.  Standing is
27    subject to (i) giving any prior notice to or making any prior
28    demand on a public official that is required by law to  bring
29    suit and (ii) complying with any procedures that are required
30    by law.

31                              SCHEDULE
 
                            -2-               LRB9218203REsbB
 1        This  Constitutional  Amendment  takes  effect upon being
 2    declared adopted in accordance with Section 7 of the Illinois
 3    Constitutional Amendment Act.

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