HC0052 99TH GENERAL ASSEMBLY

LRB099 20436 RJF 44936 e

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0052

Introduced , by Rep. Thomas Bennett

SYNOPSIS AS INTRODUCED:

ILCON Art. IV, Sec. 5

ILCON Art. IV, Sec. 6

ILCON Art. VIII, Sec. 2

ILCON Art. VIII, Sec. 3

Proposes to amend the Legislature and Finance Articles of the Illinois Constitution. Amends the Finance Article to provide that if a balanced budget has not been passed by June 30th of each year, the offices of Speaker of the House of Representatives and President of the Senate become vacant, and shall continue to become vacant every 90 days after the vacancies are filled until the General Assembly passes a balanced budget. Provides that within 30 days of the enactment of the law or laws comprising the State budget for a fiscal year, the Office of the Auditor General must certify whether the enacted budget will be balanced with expenses not exceeding funds estimated by the General Assembly to be available during that year. Provides that if the Office of the Auditor General certifies that the budget is not balanced, then the offices of Speaker of the House of Representatives and President of the Senate shall become vacant upon filing notice of such certification with the Secretary of State. Amends the Legislative Article to provide that within 5 days after the vacancy of the offices of Speaker of the House of Representatives and President of the Senate, the Secretary of State shall convene the House of Representatives to elect from its membership a Speaker of the House of Representatives as presiding officer, and the Governor shall convene the Senate to elect from its membership a President of the Senate as presiding officer. Provides that only members who have not previously served as the Speaker of the House of Representatives or the President of the Senate shall be eligible for election. Makes conforming changes. Effective upon being declared adopted.

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE NINETY-NINTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE CONCURRING HEREIN, that there shall be submitted to the electors of the State for adoption or rejection at the general election next occurring at least 6 months after the adoption of this resolution a proposition to amend the Illinois Constitution by changing Sections 5 and 6 of Article IV, and Sections 2 and 3 of Article VIII as follows:

ARTICLE IV

THE LEGISLATURE

(ILCON Art. IV, Sec. 5)

SECTION 5. SESSIONS

(a) The General Assembly shall convene each year on the second Wednesday of January. The General Assembly shall be a continuous body during the term for which members of the House of Representatives are elected.

(b) The Governor may convene the General Assembly or the Senate alone in special session by a proclamation stating the purpose of the session; and only business encompassed by such purpose, together with any impeachments or confirmation of appointments shall be transacted. Special sessions of the General Assembly may also be convened by joint proclamation of the presiding officers of both houses, issued as provided by law or as provided in subsection (b-5) of Section 6 of this Article.

(c) Sessions of each house of the General Assembly and meetings of committees, joint committees and legislative commissions shall be open to the public. Sessions and committee meetings of a house may be closed to the public if two-thirds of the members elected to that house determine that the public interest so requires; and meetings of joint committees and legislative commissions may be so closed if two-thirds of the members elected to each house so determine.

(Source: Illinois Constitution.)

(ILCON Art. IV, Sec. 6)

SECTION 6. ORGANIZATION

(a) A majority of the members elected to each house constitutes a quorum.

(b) On the first day of the January session of the General Assembly in odd-numbered years, the Secretary of State shall convene the House of Representatives to elect from its membership a Speaker of the House of Representatives as presiding officer, and the Governor shall convene the Senate to elect from its membership a President of the Senate as presiding officer.

(b-5) Within 5 days after the vacancy of the offices of Speaker of the House of Representatives and President of the Senate under subsection (a-5) of Section 2 of Article VIII, the Secretary of State shall convene the House of Representatives to elect from its membership a Speaker of the House of Representatives as presiding officer, and the Governor shall convene the Senate to elect from its membership a President of the Senate as presiding officer. Only members who have not previously served as the Speaker of the House of Representatives or the President of the Senate shall be eligible for election.

(c) For purposes of powers of appointment conferred by this Constitution, the Minority Leader of either house is a member of the numerically strongest political party other than the party to which the Speaker or the President belongs, as the case may be.

(d) Each house shall determine the rules of its proceedings, judge the elections, returns and qualifications of its members and choose its officers. No member shall be expelled by either house, except by a vote of two-thirds of the members elected to that house. A member may be expelled only once for the same offense. Each house may punish by imprisonment any person, not a member, guilty of disrespect to the house by disorderly or contemptuous behavior in its presence. Imprisonment shall not extend beyond twenty-four hours at one time unless the person persists in disorderly or contemptuous behavior.

(Source: Illinois Constitution.)

ARTICLE VIII

FINANCE

(ILCON Art. VIII, Sec. 2)

SECTION 2. STATE FINANCE

(a) The Governor shall prepare and submit to the General Assembly, at a time prescribed by law, a State budget for the ensuing fiscal year. The budget shall set forth the estimated balance of funds available for appropriation at the beginning of the fiscal year, the estimated receipts, and a plan for expenditures and obligations during the fiscal year of every department, authority, public corporation and quasi-public corporation of the State, every State college and university, and every other public agency created by the State, but not of units of local government or school districts. The budget shall also set forth the indebtedness and contingent liabilities of the State and such other information as may be required by law. Proposed expenditures shall not exceed funds estimated to be available for the fiscal year as shown in the budget.

(a-5) If a balanced budget has not been passed by June 30th of each year, the offices of Speaker of the House of Representatives and President of the Senate become vacant, as provided in subsection (c) of Section 3 of this Article, and shall continue to become vacant every 90 days after the vacancies are filled until the General Assembly passes a balanced budget. Elections to fill the vacancies shall be held as provided in subsection (b-5) of Section 6 of Article IV.

(b) The General Assembly by law shall make appropriations for all expenditures of public funds by the State. Appropriations for a fiscal year shall not exceed funds estimated by the General Assembly to be available during that year.

(Source: Illinois Constitution.)

(ILCON Art. VIII, Sec. 3)

SECTION 3. STATE AUDIT AND AUDITOR GENERAL

(a) The General Assembly shall provide by law for the audit of the obligation, receipt and use of public funds of the State. The General Assembly, by a vote of three-fifths of the members elected to each house, shall appoint an Auditor General and may remove him for cause by a similar vote. The Auditor General shall serve for a term of ten years. His compensation shall be established by law and shall not be diminished, but may be increased, to take effect during his term.

(b) The Auditor General shall conduct the audit of public funds of the State. He shall make additional reports and investigations as directed by the General Assembly. He shall report his findings and recommendations to the General Assembly and to the Governor.

(c) Within 30 days of the enactment of the law or laws comprising the State budget for a fiscal year, the Office of the Auditor General must certify whether the enacted budget will be balanced with expenses not exceeding funds estimated by the General Assembly to be available during that year pursuant to subsection (b) of Section 2 of this Article. If the Office of the Auditor General certifies that the budget is not balanced, then the offices of Speaker of the House of Representatives and President of the Senate shall become vacant upon filing notice of such certification with the Secretary of State.

(Source: Illinois Constitution.)

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.