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1 | HOUSE JOINT RESOLUTION
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2 | CONSTITUTIONAL AMENDMENT
| |||||||||||||||||||||||||||||||||||||||||||||
3 | 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 amend the Illinois | |||||||||||||||||||||||||||||||||||||||||||||
9 | Constitution by changing Sections 1, 2, 3, 5, 6, 7, 8, 9, 10, | |||||||||||||||||||||||||||||||||||||||||||||
10 | 12, 14, and 15 of Article IV, Sections 9 and 11 of Article V, | |||||||||||||||||||||||||||||||||||||||||||||
11 | Section 6 of Article VII, Section 3 of Article VIII, Section 9 | |||||||||||||||||||||||||||||||||||||||||||||
12 | of Article IX, Section 8 of Article XIII, and Sections 1, 2, | |||||||||||||||||||||||||||||||||||||||||||||
13 | and 4 of Article XIV as follows:
| |||||||||||||||||||||||||||||||||||||||||||||
14 | ARTICLE IV
| |||||||||||||||||||||||||||||||||||||||||||||
15 | THE LEGISLATURE
| |||||||||||||||||||||||||||||||||||||||||||||
16 | (ILCON Art. IV, Sec. 1)
| |||||||||||||||||||||||||||||||||||||||||||||
17 | SECTION 1. LEGISLATURE - POWER AND STRUCTURE
| |||||||||||||||||||||||||||||||||||||||||||||
18 | The legislative power is vested in a General Assembly | |||||||||||||||||||||||||||||||||||||||||||||
19 | consisting of 177 Lawmakers a
Senate and a House of | |||||||||||||||||||||||||||||||||||||||||||||
20 | Representatives , elected by the electors from 59
Legislative | |||||||||||||||||||||||||||||||||||||||||||||
21 | Districts and 118 Representative Districts until 2012 and from |
| |||||||
| |||||||
1 | 177 Legislative Districts beginning in 2012 .
| ||||||
2 | (Source: Amendment adopted at general election November 4, | ||||||
3 | 1980.)
| ||||||
4 | (ILCON Art. IV, Sec. 2)
| ||||||
5 | SECTION 2. LEGISLATIVE COMPOSITION
| ||||||
6 | (a) Until 2012, one Lawmaker shall be elected from each of | ||||||
7 | 59 Legislative Districts. Beginning in 2012, one Lawmaker One | ||||||
8 | Senator shall be elected from each of 177 Legislative Districts | ||||||
9 | District .
Immediately following each decennial redistricting, | ||||||
10 | the General Assembly
by law shall divide the Legislative | ||||||
11 | Districts as equally as possible
into three groups. Lawmakers | ||||||
12 | Senators from one group shall be elected for terms of
four | ||||||
13 | years, four years and two years; Lawmakers Senators from the | ||||||
14 | second group,
for terms of four years, two years and four | ||||||
15 | years; and Lawmakers Senators from the
third group, for terms | ||||||
16 | of two years, four years and four years. The
Legislative | ||||||
17 | Districts in each group shall be distributed substantially
| ||||||
18 | equally over the State.
| ||||||
19 | (b) Until 2011, each Each Legislative District shall be | ||||||
20 | divided into two Representative
Districts. In 2008 and 2010, | ||||||
21 | one Lawmaker 1982 and every two years thereafter one | ||||||
22 | Representative shall
be elected from each Representative | ||||||
23 | District for a term of two years.
| ||||||
24 | (c) To be eligible to serve as a member of the General |
| |||||||
| |||||||
1 | Assembly, a
person must be a United States citizen, at least 21 | ||||||
2 | years old, and for
the two years preceding his or her election | ||||||
3 | or appointment a resident of the
district which he or she is to | ||||||
4 | represent. In the general election following a
redistricting, a | ||||||
5 | candidate for the General Assembly may be elected from
any | ||||||
6 | district which contains a part of the district in which he or | ||||||
7 | she resided
at the time of the redistricting and reelected if a | ||||||
8 | resident of the new
district he or she represents for 18 months | ||||||
9 | prior to reelection.
| ||||||
10 | (d) Within thirty days after a vacancy occurs, it shall be | ||||||
11 | filled by
appointment as provided by law. If the vacancy is in | ||||||
12 | an a Senatorial office
with more than twenty-eight months | ||||||
13 | remaining in the term, the appointed
Lawmaker Senator shall | ||||||
14 | serve until the next general election, at which time a
Lawmaker | ||||||
15 | Senator shall be elected to serve for the remainder of the | ||||||
16 | term. If the
vacancy is in a Representative office or in any | ||||||
17 | other Senatorial office,
the appointment shall be for the | ||||||
18 | remainder of the term. An appointee to
fill a vacancy shall be | ||||||
19 | a member of the same political party as the
person he or she | ||||||
20 | succeeds.
| ||||||
21 | (e) No member of the General Assembly shall receive | ||||||
22 | compensation as
a public officer or employee from any other | ||||||
23 | governmental entity for time
during which he or she is in | ||||||
24 | attendance as a member of the General Assembly.
| ||||||
25 | No member of the General Assembly during the term for which | ||||||
26 | he or she was
elected or appointed shall be appointed to a |
| |||||||
| |||||||
1 | public office which shall
have been created or the compensation | ||||||
2 | for which shall have been
increased by the General Assembly | ||||||
3 | during that term.
| ||||||
4 | (Source: Amendment adopted at general election November 4, | ||||||
5 | 1980.)
| ||||||
6 | (ILCON Art. IV, Sec. 3)
| ||||||
7 | SECTION 3. LEGISLATIVE REDISTRICTING
| ||||||
8 | (a) Legislative Districts shall be compact, contiguous and
| ||||||
9 | substantially equal in population. Representative Districts | ||||||
10 | shall be compact,
contiguous, and substantially equal in | ||||||
11 | population.
| ||||||
12 | (b) In the year following each Federal decennial census | ||||||
13 | year, the
General Assembly by law shall redistrict the | ||||||
14 | Legislative Districts and the
Representative Districts .
| ||||||
15 | If no redistricting plan becomes effective by June 30 of | ||||||
16 | that year, a
Legislative Redistricting Commission shall be | ||||||
17 | constituted not later than
July 10. The Commission shall | ||||||
18 | consist of eight members, no more than
four of whom shall be | ||||||
19 | members of the same political party.
| ||||||
20 | The Presiding Officer Speaker and Minority Leader of the | ||||||
21 | General Assembly House of Representatives shall
each appoint to | ||||||
22 | the Commission two Lawmakers and two persons who are not | ||||||
23 | members one Representative and one person who is
not a member | ||||||
24 | of the General Assembly. The President and Minority Leader
of |
| |||||||
| |||||||
1 | the Senate shall each appoint to the Commission one Senator and | ||||||
2 | one
person who is not a member of the General Assembly.
| ||||||
3 | The members shall be certified to the Secretary of State by | ||||||
4 | the
appointing authorities. A vacancy on the Commission shall | ||||||
5 | be filled
within five days by the authority that made the | ||||||
6 | original appointment. A
Chairman and Vice Chairman shall be | ||||||
7 | chosen by a majority of all members
of the Commission.
| ||||||
8 | Not later than August 10, the Commission shall file with | ||||||
9 | the
Secretary of State a redistricting plan approved by at | ||||||
10 | least five
members.
| ||||||
11 | If the Commission fails to file an approved redistricting | ||||||
12 | plan, the
Supreme Court shall submit the names of two persons, | ||||||
13 | not of the same
political party, to the Secretary of State not | ||||||
14 | later than September 1.
| ||||||
15 | Not later than September 5, the Secretary of State publicly | ||||||
16 | shall
draw by random selection the name of one of the two | ||||||
17 | persons to serve as
the ninth member of the Commission.
| ||||||
18 | Not later than October 5, the Commission shall file with | ||||||
19 | the
Secretary of State a redistricting plan approved by at | ||||||
20 | least five
members.
| ||||||
21 | An approved redistricting plan filed with the Secretary of | ||||||
22 | State
shall be presumed valid, shall have the force and effect | ||||||
23 | of law and
shall be published promptly by the Secretary of | ||||||
24 | State.
| ||||||
25 | The Supreme Court shall have original and exclusive | ||||||
26 | jurisdiction over
actions concerning redistricting the General |
| |||||||
| |||||||
1 | Assembly House and Senate , which shall be
initiated in the name | ||||||
2 | of the People of the State by the Attorney
General.
| ||||||
3 | (Source: Amendment adopted at general election November 4, | ||||||
4 | 1980.)
| ||||||
5 | (ILCON Art. IV, Sec. 5)
| ||||||
6 | SECTION 5. SESSIONS
| ||||||
7 | (a) The General Assembly shall convene each year on the | ||||||
8 | second
Wednesday of January. The General Assembly shall be a | ||||||
9 | continuous body
during the period from the second Wednesday of | ||||||
10 | January in an odd-numbered year through the Tuesday immediately | ||||||
11 | preceding the second Wednesday of January in the next | ||||||
12 | odd-numbered year term for which members of the House of | ||||||
13 | Representatives are
elected .
| ||||||
14 | (b) The Governor may convene the General Assembly or the | ||||||
15 | Senate
alone in special session by a proclamation stating the | ||||||
16 | purpose of the
session; and only business encompassed by such | ||||||
17 | purpose, together with
any impeachments or confirmation of | ||||||
18 | appointments shall be transacted.
Special sessions of the | ||||||
19 | General Assembly may also be convened by joint
proclamation of | ||||||
20 | the Presiding Officer of the General Assembly presiding | ||||||
21 | officers of both houses , issued as
provided by law.
| ||||||
22 | (c) Sessions of each house of the General Assembly and | ||||||
23 | meetings of
committees , joint committees and legislative | ||||||
24 | commissions shall be open
to the public. Sessions and committee |
| |||||||
| |||||||
1 | and legislative commission meetings of a house may be closed
to | ||||||
2 | the public if two-thirds of the members elected to the General | ||||||
3 | Assembly that house
determine that the public interest so | ||||||
4 | requires ; and meetings of joint
committees and legislative | ||||||
5 | commissions may be so closed if two-thirds of
the members | ||||||
6 | elected to each house so determine .
| ||||||
7 | (Source: Illinois Constitution.)
| ||||||
8 | (ILCON Art. IV, Sec. 6)
| ||||||
9 | SECTION 6. ORGANIZATION
| ||||||
10 | (a) A majority of the members elected to the General | ||||||
11 | Assembly each house constitutes a
quorum.
| ||||||
12 | (b) On the first day of the January session of the General | ||||||
13 | Assembly
in odd-numbered years, the Secretary of State shall | ||||||
14 | convene the House of
Representatives to elect from its | ||||||
15 | membership a Speaker of the House of
Representatives as | ||||||
16 | presiding officer, and the Governor shall convene the General | ||||||
17 | Assembly
Senate to elect from its membership a Presiding | ||||||
18 | Officer President of the Senate as
presiding officer .
| ||||||
19 | (c) For purposes of powers of appointment conferred by this
| ||||||
20 | Constitution, the Minority Leader of the General Assembly | ||||||
21 | either house is a member of the
numerically strongest political | ||||||
22 | party other than the party to which the
Presiding Officer | ||||||
23 | Speaker or the President belongs , as the case may be .
| ||||||
24 | (d) The General Assembly Each house shall determine the |
| |||||||
| |||||||
1 | rules of its proceedings, judge
the elections, returns and | ||||||
2 | qualifications of its members and choose its
officers. No | ||||||
3 | member shall be expelled by the General Assembly either house , | ||||||
4 | except by a vote
of two-thirds of the members elected to that | ||||||
5 | house . A member may be
expelled only once for the same offense. | ||||||
6 | The General Assembly Each house may punish by
imprisonment any | ||||||
7 | person, not a member, guilty of disrespect to the General | ||||||
8 | Assembly house
by disorderly or contemptuous behavior in its | ||||||
9 | presence. Imprisonment
shall not extend beyond twenty-four | ||||||
10 | hours at one time unless the person
persists in disorderly or | ||||||
11 | contemptuous behavior.
| ||||||
12 | (Source: Illinois Constitution.)
| ||||||
13 | (ILCON Art. IV, Sec. 7)
| ||||||
14 | SECTION 7. TRANSACTION OF BUSINESS
| ||||||
15 | (a) Committees of the General Assembly each house, joint | ||||||
16 | committees of the two houses and
legislative commissions shall | ||||||
17 | give reasonable public notice of meetings,
including a | ||||||
18 | statement of subjects to be considered.
| ||||||
19 | (b) The General Assembly Each house shall keep a journal of | ||||||
20 | its proceedings and a
transcript of its debates. The journal | ||||||
21 | shall be published and the
transcript shall be available to the | ||||||
22 | public.
| ||||||
23 | (c) The General Assembly Either house or any committee | ||||||
24 | thereof as provided by law may
compel by subpoena the |
| |||||||
| |||||||
1 | attendance and testimony of witnesses and the
production of | ||||||
2 | books, records and papers.
| ||||||
3 | (Source: Illinois Constitution.)
| ||||||
4 | (ILCON Art. IV, Sec. 8)
| ||||||
5 | SECTION 8. PASSAGE OF BILLS
| ||||||
6 | (a) The enacting clause of the laws of this State shall be: | ||||||
7 | "Be it
enacted by the People of the State of Illinois, | ||||||
8 | represented in the
General Assembly."
| ||||||
9 | (b) The General Assembly shall enact laws only by bill. | ||||||
10 | Bills may
originate in either house, but may be amended or | ||||||
11 | rejected by the other.
| ||||||
12 | (c) No bill shall become a law without the concurrence of a | ||||||
13 | majority
of the members elected to each house . Final passage of | ||||||
14 | a bill shall be
by record vote. At In the Senate at the request | ||||||
15 | of two members, and in the
House at the request of seven five | ||||||
16 | members, a record vote may be taken on any
other occasion. A | ||||||
17 | record vote is a vote by yeas and nays entered on the
journal.
| ||||||
18 | (d) A bill shall be read by title on three different days | ||||||
19 | in the General Assembly each
house . A bill and each amendment | ||||||
20 | thereto shall be reproduced and placed
on the desk of each | ||||||
21 | member before final passage.
| ||||||
22 | Bills, except bills for appropriations and for the | ||||||
23 | codification,
revision or rearrangement of laws, shall be | ||||||
24 | confined to one subject.
Appropriation bills shall be limited |
| |||||||
| |||||||
1 | to the subject of appropriations.
| ||||||
2 | A bill expressly amending a law shall set forth completely | ||||||
3 | the
sections amended.
| ||||||
4 | The Presiding Officer Speaker of the House of | ||||||
5 | Representatives and the President of the
Senate shall sign each | ||||||
6 | bill that passes the General Assembly both houses to certify | ||||||
7 | that the
procedural requirements for passage have been met.
| ||||||
8 | (Source: Illinois Constitution.)
| ||||||
9 | (ILCON Art. IV, Sec. 9)
| ||||||
10 | SECTION 9. VETO PROCEDURE
| ||||||
11 | (a) Every bill passed by the General Assembly shall be | ||||||
12 | presented to the
Governor within 30 calendar days after its | ||||||
13 | passage. The foregoing
requirement shall be judicially | ||||||
14 | enforceable. If the Governor approves
the bill, he or she shall | ||||||
15 | sign it and it shall become law.
| ||||||
16 | (b) If the Governor does not approve the bill, he or she | ||||||
17 | shall veto it by
returning it with his or her objections to the | ||||||
18 | General Assembly house in which it originated .
Any bill not so | ||||||
19 | returned by the Governor within 60 calendar days after
it is | ||||||
20 | presented to him or her shall become law. If recess or | ||||||
21 | adjournment of the
General Assembly prevents the return of a | ||||||
22 | bill, the bill and the
Governor's objections shall be filed | ||||||
23 | with the Secretary of State within
such 60 calendar days. The | ||||||
24 | Secretary of State shall return the bill and
objections to the |
| |||||||
| |||||||
1 | General Assembly originating house promptly upon the next | ||||||
2 | meeting of
the same General Assembly at which the bill can be | ||||||
3 | considered.
| ||||||
4 | (c) When The house to which a bill is returned , the General | ||||||
5 | Assembly shall immediately enter
the Governor's objections | ||||||
6 | upon its journal. If within 15 calendar days
after such entry | ||||||
7 | the General Assembly that house by a record vote of | ||||||
8 | three-fifths of the
members elected passes the bill, it shall | ||||||
9 | be delivered immediately to
the second house. If within 15 | ||||||
10 | calendar days after such delivery the
second house by a record | ||||||
11 | vote of three-fifths of the members elected
passes the bill, it | ||||||
12 | shall become law.
| ||||||
13 | (d) The Governor may reduce or veto any item of | ||||||
14 | appropriations in a
bill presented to him or her . Portions of a | ||||||
15 | bill not reduced or vetoed shall
become law. An item vetoed | ||||||
16 | shall be returned to the General Assembly house in which it
| ||||||
17 | originated and may become law in the same manner as a vetoed | ||||||
18 | bill. An
item reduced in amount shall be returned to the | ||||||
19 | General Assembly house in which it
originated and may be | ||||||
20 | restored to its original amount in the same manner
as a vetoed | ||||||
21 | bill except that the required record vote shall be a
majority | ||||||
22 | of the members elected to each house . If a reduced item is not
| ||||||
23 | so restored, it shall become law in the reduced amount.
| ||||||
24 | (e) The Governor may return a bill together with specific
| ||||||
25 | recommendations for change to the General Assembly house in | ||||||
26 | which it originated . The bill
shall be considered in the same |
| |||||||
| |||||||
1 | manner as a vetoed bill but the specific
recommendations may be | ||||||
2 | accepted by a record vote of a majority of the
members elected | ||||||
3 | to each house . Such bill shall be presented again to the
| ||||||
4 | Governor and if he or she certifies that such acceptance | ||||||
5 | conforms to his or her
specific recommendations, the bill shall | ||||||
6 | become law. If the Governor he does not so
certify, he or she | ||||||
7 | shall return it as a vetoed bill to the General Assembly house | ||||||
8 | in which it
originated .
| ||||||
9 | (Source: Illinois Constitution.)
| ||||||
10 | (ILCON Art. IV, Sec. 10)
| ||||||
11 | SECTION 10. EFFECTIVE DATE OF LAWS
| ||||||
12 | The General Assembly shall provide by law for a uniform | ||||||
13 | effective date for
laws passed prior to June 1 of a calendar | ||||||
14 | year. The General Assembly may
provide for a different | ||||||
15 | effective date in any law passed prior to June 1. A
bill passed | ||||||
16 | after May 31 shall not become effective prior to June 1 of the | ||||||
17 | next
calendar year unless the General Assembly by the vote of | ||||||
18 | three-fifths of the
members elected to each house provides for | ||||||
19 | an earlier effective date.
| ||||||
20 | (Source: Amendment adopted at general election November 8, | ||||||
21 | 1994.)
| ||||||
22 | (ILCON Art. IV, Sec. 12)
|
| |||||||
| |||||||
1 | SECTION 12. LEGISLATIVE IMMUNITY
| ||||||
2 | Except in cases of treason, felony or breach of peace, a | ||||||
3 | member shall be
privileged from arrest going to, during, and | ||||||
4 | returning from sessions of
the General Assembly. A member shall | ||||||
5 | not be held to answer before any
other tribunal for any speech | ||||||
6 | or debate, written or oral, in the General Assembly either
| ||||||
7 | house . These immunities shall apply to committee and | ||||||
8 | legislative
commission proceedings.
| ||||||
9 | (Source: Illinois Constitution.)
| ||||||
10 | (ILCON Art. IV, Sec. 14)
| ||||||
11 | SECTION 14. IMPEACHMENT
| ||||||
12 | The General Assembly House of Representatives has the sole | ||||||
13 | power to conduct legislative
investigations to determine the | ||||||
14 | existence of cause for impeachment and,
by the vote of a | ||||||
15 | majority of the members elected, to impeach Executive
and | ||||||
16 | Judicial officers. Impeachments shall be tried by the General | ||||||
17 | Assembly Senate . When
sitting for that purpose, Lawmakers | ||||||
18 | Senators shall be upon oath, or affirmation,
to do justice | ||||||
19 | according to law. If the Governor is tried, the Chief
Justice | ||||||
20 | of the Supreme Court shall preside. No person shall be | ||||||
21 | convicted
without the concurrence of two-thirds of the | ||||||
22 | Lawmakers Senators elected. Judgment
shall not extend beyond | ||||||
23 | removal from office and disqualification to hold
any public | ||||||
24 | office of this State. An impeached officer, whether convicted
|
| |||||||
| |||||||
1 | or acquitted, shall be liable to prosecution, trial, judgment | ||||||
2 | and
punishment according to law.
| ||||||
3 | (Source: Illinois Constitution.)
| ||||||
4 | (ILCON Art. IV, Sec. 15 rep.)
| ||||||
5 | SECTION 15. ADJOURNMENT (REPEALED)
| ||||||
6 | (a) When the General Assembly is in session, neither house | ||||||
7 | without the
consent of the other shall adjourn for more than | ||||||
8 | three days or to a
place other than where the two houses are | ||||||
9 | sitting.
| ||||||
10 | (b) If either house certifies that a disagreement exists | ||||||
11 | between the
houses as to the time for adjourning a session, the | ||||||
12 | Governor may adjourn
the General Assembly to a time not later | ||||||
13 | than the first day of the next
annual session.
| ||||||
14 | (Source: Illinois Constitution.)
| ||||||
15 | ARTICLE V
| ||||||
16 | THE EXECUTIVE
| ||||||
17 | (ILCON Art. V, Sec. 9)
| ||||||
18 | SECTION 9. GOVERNOR - APPOINTING POWER
| ||||||
19 | (a) The Governor shall nominate and, by and with the advice | ||||||
20 | and consent
of the General Assembly Senate , a majority of the | ||||||
21 | members elected concurring by record
vote, shall appoint all |
| |||||||
| |||||||
1 | officers whose election or appointment is not
otherwise | ||||||
2 | provided for. Any nomination not acted upon by the General | ||||||
3 | Assembly Senate
within 60 session days after the receipt | ||||||
4 | thereof shall be deemed to have
received the advice and consent | ||||||
5 | of the General Assembly Senate . The General Assembly
shall have | ||||||
6 | no power to elect or appoint officers of the Executive
Branch.
| ||||||
7 | (b) If, during a recess of the General Assembly Senate , | ||||||
8 | there is a vacancy in an
office filled by appointment by the | ||||||
9 | Governor by and with the advice and
consent of the General | ||||||
10 | Assembly Senate , the Governor shall make a temporary | ||||||
11 | appointment
until the next meeting of the General Assembly | ||||||
12 | Senate , when he or she shall make a nomination to
fill such | ||||||
13 | office.
| ||||||
14 | (c) No person rejected by the General Assembly Senate for | ||||||
15 | an office shall, except at
the General Assembly's Senate's | ||||||
16 | request, be nominated again for that office at the same
session | ||||||
17 | or be appointed to that office during a recess of that General | ||||||
18 | Assembly Senate .
| ||||||
19 | (Source: Illinois Constitution.)
| ||||||
20 | (ILCON Art. V, Sec. 11)
| ||||||
21 | SECTION 11. GOVERNOR - AGENCY REORGANIZATION
| ||||||
22 | The Governor, by Executive Order, may reassign functions | ||||||
23 | among or
reorganize executive agencies which are directly | ||||||
24 | responsible to him or her . If
such a reassignment or |
| |||||||
| |||||||
1 | reorganization would contravene a statute, the
Executive Order | ||||||
2 | shall be delivered to the General Assembly. If the
General | ||||||
3 | Assembly is in annual session and if the Executive Order is
| ||||||
4 | delivered on or before April 1, the General Assembly shall | ||||||
5 | consider the
Executive Order at that annual session. If the | ||||||
6 | General Assembly is not
in annual session or if the Executive | ||||||
7 | Order is delivered after April 1,
the General Assembly shall | ||||||
8 | consider the Executive Order at its next
annual session, in | ||||||
9 | which case the Executive Order shall be deemed to
have been | ||||||
10 | delivered on the first day of that annual session. Such an
| ||||||
11 | Executive Order shall not become effective if, within 60 | ||||||
12 | calendar days
after its delivery to the General Assembly, the | ||||||
13 | General Assembly either house disapproves the
Executive Order | ||||||
14 | by the record vote of a majority of the members elected.
An | ||||||
15 | Executive Order not so disapproved shall become effective by | ||||||
16 | its
terms but not less than 60 calendar days after its delivery | ||||||
17 | to the
General Assembly.
| ||||||
18 | (Source: Illinois Constitution.)
| ||||||
19 | ARTICLE VII
| ||||||
20 | LOCAL GOVERNMENT
| ||||||
21 | (ILCON Art. VII, Sec. 6)
| ||||||
22 | SECTION 6. POWERS OF HOME RULE UNITS
|
| |||||||
| |||||||
1 | (a) A County which has a chief executive officer elected by | ||||||
2 | the
electors of the county and any municipality which has a | ||||||
3 | population of
more than 25,000 are home rule units. Other | ||||||
4 | municipalities may elect by
referendum to become home rule | ||||||
5 | units. Except as limited by this Section,
a home rule unit may | ||||||
6 | exercise any power and perform any function
pertaining to its | ||||||
7 | government and affairs including, but not limited to,
the power | ||||||
8 | to regulate for the protection of the public health, safety,
| ||||||
9 | morals and welfare; to license; to tax; and to incur debt.
| ||||||
10 | (b) A home rule unit by referendum may elect not to be a | ||||||
11 | home rule
unit.
| ||||||
12 | (c) If a home rule county ordinance conflicts with an | ||||||
13 | ordinance of a
municipality, the municipal ordinance shall | ||||||
14 | prevail within its
jurisdiction.
| ||||||
15 | (d) A home rule unit does not have the power (1) to incur | ||||||
16 | debt
payable from ad valorem property tax receipts maturing | ||||||
17 | more than 40
years from the time it is incurred or (2) to | ||||||
18 | define and provide for the
punishment of a felony.
| ||||||
19 | (e) A home rule unit shall have only the power that the | ||||||
20 | General
Assembly may provide by law (1) to punish by | ||||||
21 | imprisonment for more than
six months or (2) to license for | ||||||
22 | revenue or impose taxes upon or
measured by income or earnings | ||||||
23 | or upon occupations.
| ||||||
24 | (f) A home rule unit shall have the power subject to | ||||||
25 | approval by
referendum to adopt, alter or repeal a form of | ||||||
26 | government provided by
law, except that the form of government |
| |||||||
| |||||||
1 | of Cook County shall be subject
to the provisions of Section 3 | ||||||
2 | of this Article. A home rule municipality
shall have the power | ||||||
3 | to provide for its officers, their manner of
selection and | ||||||
4 | terms of office only as approved by referendum or as
otherwise | ||||||
5 | authorized by law. A home rule county shall have the power to
| ||||||
6 | provide for its officers, their manner of selection and terms | ||||||
7 | of office
in the manner set forth in Section 4 of this Article.
| ||||||
8 | (g) The General Assembly by a law approved by the vote of
| ||||||
9 | three-fifths of the members elected to each house may deny or | ||||||
10 | limit the
power to tax and any other power or function of a | ||||||
11 | home rule unit not
exercised or performed by the State other | ||||||
12 | than a power or function
specified in subsection (l) of this | ||||||
13 | section.
| ||||||
14 | (h) The General Assembly may provide specifically by law | ||||||
15 | for the
exclusive exercise by the State of any power or | ||||||
16 | function of a home rule
unit other than a taxing power or a | ||||||
17 | power or function specified in
subsection (l) of this Section.
| ||||||
18 | (i) Home rule units may exercise and perform concurrently | ||||||
19 | with the
State any power or function of a home rule unit to the | ||||||
20 | extent that the
General Assembly by law does not specifically | ||||||
21 | limit the concurrent
exercise or specifically declare the | ||||||
22 | State's exercise to be exclusive.
| ||||||
23 | (j) The General Assembly may limit by law the amount of | ||||||
24 | debt which
home rule counties may incur and may limit by law | ||||||
25 | approved by
three-fifths of the members elected to each house | ||||||
26 | the amount of debt,
other than debt payable from ad valorem |
| |||||||
| |||||||
1 | property tax receipts, which
home rule municipalities may | ||||||
2 | incur.
| ||||||
3 | (k) The General Assembly may limit by law the amount and | ||||||
4 | require
referendum approval of debt to be incurred by home rule | ||||||
5 | municipalities,
payable from ad valorem property tax receipts, | ||||||
6 | only in excess of the
following percentages of the assessed | ||||||
7 | value of its taxable property: (1)
if its population is 500,000 | ||||||
8 | or more, an aggregate of three percent; (2)
if its population | ||||||
9 | is more than 25,000 and less than 500,000, an
aggregate of one | ||||||
10 | percent; and (3) if its population is 25,000 or less,
an | ||||||
11 | aggregate of one-half percent. Indebtedness which is | ||||||
12 | outstanding on
the effective date of this Constitution or which | ||||||
13 | is thereafter approved
by referendum or assumed from another | ||||||
14 | unit of local government shall not
be included in the foregoing | ||||||
15 | percentage amounts.
| ||||||
16 | (l) The General Assembly may not deny or limit the power of | ||||||
17 | home
rule units (1) to make local improvements by special | ||||||
18 | assessment and to
exercise this power jointly with other | ||||||
19 | counties and municipalities, and
other classes of units of | ||||||
20 | local government having that power on the
effective date of | ||||||
21 | this Constitution unless that power is subsequently
denied by | ||||||
22 | law to any such other units of local government or (2) to levy
| ||||||
23 | or impose additional taxes upon areas within their boundaries | ||||||
24 | in the
manner provided by law for the provision of special | ||||||
25 | services to those
areas and for the payment of debt incurred in | ||||||
26 | order to provide those
special services.
|
| |||||||
| |||||||
1 | (m) Powers and functions of home rule units shall be | ||||||
2 | construed
liberally.
| ||||||
3 | (Source: Illinois Constitution .)
| ||||||
4 | ARTICLE VIII
| ||||||
5 | FINANCE
| ||||||
6 | (ILCON Art. VIII, Sec. 3)
| ||||||
7 | SECTION 3. STATE AUDIT AND AUDITOR GENERAL
| ||||||
8 | (a) The General Assembly shall provide by law for the audit | ||||||
9 | of the
obligation, receipt and use of public funds of the | ||||||
10 | State. The General
Assembly, by a vote of three-fifths of the | ||||||
11 | members elected to each
house , shall appoint an Auditor General | ||||||
12 | and may remove him or her for cause by
a similar vote. The | ||||||
13 | Auditor General shall serve for a term of ten years.
His or her | ||||||
14 | compensation shall be established by law and shall not be
| ||||||
15 | diminished, but may be increased, to take effect during his or | ||||||
16 | her term.
| ||||||
17 | (b) The Auditor General shall conduct the audit of public | ||||||
18 | funds of
the State. He or she shall make additional reports and | ||||||
19 | investigations as
directed by the General Assembly. He or she | ||||||
20 | shall report his or her findings and
recommendations to the | ||||||
21 | General Assembly and to the Governor.
| ||||||
22 | (Source: Illinois Constitution.)
|
| |||||||
| |||||||
1 | ARTICLE IX
| ||||||
2 | REVENUE
| ||||||
3 | (ILCON Art. IX, Sec. 9)
| ||||||
4 | SECTION 9. STATE DEBT
| ||||||
5 | (a) No State debt shall be incurred except as provided in | ||||||
6 | this Section.
For the purpose of this Section, "State debt" | ||||||
7 | means bonds or other
evidences of indebtedness which are | ||||||
8 | secured by the full faith and credit
of the State or are | ||||||
9 | required to be repaid, directly or indirectly, from
tax revenue | ||||||
10 | and which are incurred by the State, any department,
authority, | ||||||
11 | public corporation or quasi-public corporation of the State,
| ||||||
12 | any State college or university, or any other public agency | ||||||
13 | created by
the State, but not by units of local government, or | ||||||
14 | school districts.
| ||||||
15 | (b) State debt for specific purposes may be incurred or the | ||||||
16 | payment
of State or other debt guaranteed in such amounts as | ||||||
17 | may be provided
either in a law passed by the vote of | ||||||
18 | three-fifths of the members
elected to each house of the | ||||||
19 | General Assembly or in a law approved by a
majority of the | ||||||
20 | electors voting on the question at the next general
election | ||||||
21 | following passage. Any law providing for the incurring or
| ||||||
22 | guaranteeing of debt shall set forth the specific purposes and |
| |||||||
| |||||||
1 | the
manner of repayment.
| ||||||
2 | (c) State debt in anticipation of revenues to be collected | ||||||
3 | in a
fiscal year may be incurred by law in an amount not | ||||||
4 | exceeding 5% of the
State's appropriations for that fiscal | ||||||
5 | year. Such debt shall be retired
from the revenues realized in | ||||||
6 | that fiscal year.
| ||||||
7 | (d) State debt may be incurred by law in an amount not | ||||||
8 | exceeding 15%
of the State's appropriations for that fiscal | ||||||
9 | year to meet deficits
caused by emergencies or failures of | ||||||
10 | revenue. Such law shall provide
that the debt be repaid within | ||||||
11 | one year of the date it is incurred.
| ||||||
12 | (e) State debt may be incurred by law to refund outstanding | ||||||
13 | State
debt if the refunding debt matures within the term of the | ||||||
14 | outstanding
State debt.
| ||||||
15 | (f) The State, departments, authorities, public | ||||||
16 | corporations and
quasi-public corporations of the State, the | ||||||
17 | State colleges and
universities and other public agencies | ||||||
18 | created by the State, may issue
bonds or other evidences of | ||||||
19 | indebtedness which are not secured by the
full faith and credit | ||||||
20 | or tax revenue of the State nor required to be
repaid, directly | ||||||
21 | or indirectly, from tax revenue, for such purposes and
in such | ||||||
22 | amounts as may be authorized by law.
| ||||||
23 | (Source: Illinois Constitution.)
| ||||||
24 | ARTICLE XIII
|
| |||||||
| |||||||
1 | GENERAL PROVISIONS
| ||||||
2 | (ILCON Art. XIII, Sec. 8)
| ||||||
3 | SECTION 8. BRANCH BANKING
| ||||||
4 | Branch banking shall be authorized only by law approved by | ||||||
5 | three-fifths
of the members voting on the question or a | ||||||
6 | majority of the members
elected, whichever is greater, in each | ||||||
7 | house of the General Assembly.
| ||||||
8 | (Source: Illinois Constitution.)
| ||||||
9 | ARTICLE XIV
| ||||||
10 | CONSTITUTIONAL REVISION
| ||||||
11 | (ILCON Art. XIV, Sec. 1)
| ||||||
12 | SECTION 1. CONSTITUTIONAL CONVENTION
| ||||||
13 | (a) Whenever three-fifths of the members elected to each | ||||||
14 | house of the
General Assembly so direct, the question of | ||||||
15 | whether a Constitutional
Convention should be called shall be | ||||||
16 | submitted to the electors at the
general election next | ||||||
17 | occurring at least six months after such
legislative direction.
| ||||||
18 | (b) If the question of whether a Convention should be | ||||||
19 | called is not
submitted during any twenty-year period, the | ||||||
20 | Secretary of State shall
submit such question at the general |
| |||||||
| |||||||
1 | election in the twentieth year
following the last submission.
| ||||||
2 | (c) The vote on whether to call a Convention shall be on a | ||||||
3 | separate
ballot. A Convention shall be called if approved by | ||||||
4 | three-fifths of
those voting on the question or a majority of | ||||||
5 | those voting in the
election.
| ||||||
6 | (d) The General Assembly, at the session following approval | ||||||
7 | by the
electors, by law shall provide for the Convention and | ||||||
8 | for the election
of two delegates from each Legislative | ||||||
9 | District; designate the time and
place of the Convention's | ||||||
10 | first meeting which shall be within three
months after the | ||||||
11 | election of delegates; fix and provide for the pay of
delegates | ||||||
12 | and officers; and provide for expenses necessarily incurred by
| ||||||
13 | the Convention.
| ||||||
14 | (e) To be eligible to be a delegate a person must meet the | ||||||
15 | same
eligibility requirements as a member of the General | ||||||
16 | Assembly. Vacancies
shall be filled as provided by law.
| ||||||
17 | (f) The Convention shall prepare such revision of or | ||||||
18 | amendments to
the Constitution as it deems necessary. Any | ||||||
19 | proposed revision or
amendments approved by a majority of the | ||||||
20 | delegates elected shall be
submitted to the electors in such | ||||||
21 | manner as the Convention determines,
at an election designated | ||||||
22 | or called by the Convention occurring not less
than two nor | ||||||
23 | more than six months after the Convention's adjournment.
Any | ||||||
24 | revision or amendments proposed by the Convention shall be | ||||||
25 | published
with explanations, as the Convention provides, at | ||||||
26 | least one month
preceding the election.
|
| |||||||
| |||||||
1 | (g) The vote on the proposed revision or amendments shall | ||||||
2 | be on a
separate ballot. Any proposed revision or amendments | ||||||
3 | shall become
effective, as the Convention provides, if approved | ||||||
4 | by a majority of
those voting on the question.
| ||||||
5 | (Source: Illinois Constitution.)
| ||||||
6 | (ILCON Art. XIV, Sec. 2)
| ||||||
7 | SECTION 2. AMENDMENTS BY GENERAL ASSEMBLY
| ||||||
8 | (a) Amendments to this Constitution may be initiated in | ||||||
9 | either house of
the General Assembly. Amendments shall be read | ||||||
10 | in full on three
different days in the General Assembly each | ||||||
11 | house and reproduced before the vote is taken on
final passage. | ||||||
12 | Amendments approved by the vote of three-fifths of the
members | ||||||
13 | elected to each house shall be submitted to the electors at the
| ||||||
14 | general election next occurring at least six months after such
| ||||||
15 | legislative approval, unless withdrawn by a vote of a majority | ||||||
16 | of the
members elected to each house .
| ||||||
17 | (b) Amendments proposed by the General Assembly shall be | ||||||
18 | published
with explanations, as provided by law, at least one | ||||||
19 | month preceding the
vote thereon by the electors. The vote on | ||||||
20 | the proposed amendment or
amendments shall be on a separate | ||||||
21 | ballot. A proposed amendment shall
become effective as the | ||||||
22 | amendment provides if approved by either
three-fifths of those | ||||||
23 | voting on the question or a majority of those
voting in the | ||||||
24 | election.
|
| |||||||
| |||||||
1 | (c) The General Assembly shall not submit proposed | ||||||
2 | amendments to
more than three Articles of the Constitution at | ||||||
3 | any one election. No
amendment shall be proposed or submitted | ||||||
4 | under this Section from the
time a Convention is called until | ||||||
5 | after the electors have voted on the
revision or amendments, if | ||||||
6 | any, proposed by such Convention.
| ||||||
7 | (Source: Illinois Constitution.)
| ||||||
8 | (ILCON Art. XIV, Sec. 4)
| ||||||
9 | SECTION 4. AMENDMENTS TO THE CONSTITUTION OF THE UNITED STATES
| ||||||
10 | The affirmative vote of three-fifths of the members elected | ||||||
11 | to each
house of the General Assembly shall be required to | ||||||
12 | request Congress to
call a Federal Constitutional Convention, | ||||||
13 | to ratify a proposed amendment
to the Constitution of the | ||||||
14 | United States, or to call a State Convention
to ratify a | ||||||
15 | proposed amendment to the Constitution of the United States.
| ||||||
16 | The General Assembly shall not take action on any proposed | ||||||
17 | amendment to
the Constitution of the United States submitted | ||||||
18 | for ratification by
legislatures unless a majority of the | ||||||
19 | members of the General Assembly
shall have been elected after | ||||||
20 | the proposed amendment has been submitted
for ratification. The | ||||||
21 | requirements of this Section shall govern to the
extent that | ||||||
22 | they are not inconsistent with requirements established by
the | ||||||
23 | United States.
| ||||||
24 | (Source: Illinois Constitution.)
|
| |||||||
| |||||||
1 | SCHEDULE
| ||||||
2 | This Constitutional Amendment takes effect upon being | ||||||
3 | declared adopted in accordance with Section 7 of the Illinois | ||||||
4 | Constitutional Amendment Act and applies beginning with the | ||||||
5 | 97th General Assembly.
|