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1 | SENATE JOINT RESOLUTION
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2 | CONSTITUTIONAL AMENDMENT
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3 | RESOLVED, BY THE SENATE OF THE ONE HUNDREDTH GENERAL | |||||||||||||||||||
4 | ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES | |||||||||||||||||||
5 | 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 Section 6 of Article VII | |||||||||||||||||||
9 | as follows:
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10 | ARTICLE VII
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11 | LOCAL GOVERNMENT
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12 | (ILCON Art. VII, Sec. 6)
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13 | SECTION 6. POWERS OF HOME RULE UNITS
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14 | (a) A County which has a chief executive officer elected by | |||||||||||||||||||
15 | the
electors of the county and any municipality which has a | |||||||||||||||||||
16 | population of
more than 5,000 25,000 are home rule units. Other | |||||||||||||||||||
17 | municipalities may elect by
referendum to become home rule | |||||||||||||||||||
18 | units. Except as limited by this Section,
a home rule unit may | |||||||||||||||||||
19 | exercise any power and perform any function
pertaining to its | |||||||||||||||||||
20 | government and affairs including, but not limited to,
the power | |||||||||||||||||||
21 | to regulate for the protection of the public health, safety,
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22 | morals and welfare; to license; to tax; and to incur debt.
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23 | (b) A home rule unit by referendum may elect not to be a |
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1 | home rule
unit.
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2 | (c) If a home rule county ordinance conflicts with an | ||||||
3 | ordinance of a
municipality, the municipal ordinance shall | ||||||
4 | prevail within its
jurisdiction.
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5 | (d) A home rule unit does not have the power (1) to incur | ||||||
6 | debt
payable from ad valorem property tax receipts maturing | ||||||
7 | more than 40
years from the time it is incurred or (2) to | ||||||
8 | define and provide for the
punishment of a felony.
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9 | (e) A home rule unit shall have only the power that the | ||||||
10 | General
Assembly may provide by law (1) to punish by | ||||||
11 | imprisonment for more than
six months or (2) to license for | ||||||
12 | revenue or impose taxes upon or
measured by income or earnings | ||||||
13 | or upon occupations.
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14 | (f) A home rule unit shall have the power subject to | ||||||
15 | approval by
referendum to adopt, alter or repeal a form of | ||||||
16 | government provided by
law, except that the form of government | ||||||
17 | of Cook County shall be subject
to the provisions of Section 3 | ||||||
18 | of this Article. A home rule municipality
shall have the power | ||||||
19 | to provide for its officers, their manner of
selection and | ||||||
20 | terms of office only as approved by referendum or as
otherwise | ||||||
21 | authorized by law. A home rule county shall have the power to
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22 | provide for its officers, their manner of selection and terms | ||||||
23 | of office
in the manner set forth in Section 4 of this Article.
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24 | (g) The General Assembly by a law approved by the vote of
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25 | three-fifths of the members elected to each house may deny or | ||||||
26 | limit the
power to tax and any other power or function of a |
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1 | home rule unit not
exercised or performed by the State other | ||||||
2 | than a power or function
specified in subsection (l) of this | ||||||
3 | section.
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4 | (h) The General Assembly may provide specifically by law | ||||||
5 | for the
exclusive exercise by the State of any power or | ||||||
6 | function of a home rule
unit other than a taxing power or a | ||||||
7 | power or function specified in
subsection (l) of this Section.
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8 | (i) Home rule units may exercise and perform concurrently | ||||||
9 | with the
State any power or function of a home rule unit to the | ||||||
10 | extent that the
General Assembly by law does not specifically | ||||||
11 | limit the concurrent
exercise or specifically declare the | ||||||
12 | State's exercise to be exclusive.
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13 | (j) The General Assembly may limit by law the amount of | ||||||
14 | debt which
home rule counties may incur and may limit by law | ||||||
15 | approved by
three-fifths of the members elected to each house | ||||||
16 | the amount of debt,
other than debt payable from ad valorem | ||||||
17 | property tax receipts, which
home rule municipalities may | ||||||
18 | incur.
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19 | (k) The General Assembly may limit by law the amount and | ||||||
20 | require
referendum approval of debt to be incurred by home rule | ||||||
21 | municipalities,
payable from ad valorem property tax receipts, | ||||||
22 | only in excess of the
following percentages of the assessed | ||||||
23 | value of its taxable property: (1)
if its population is 500,000 | ||||||
24 | or more, an aggregate of three percent; (2)
if its population | ||||||
25 | is more than 5,000 25,000 and less than 500,000, an
aggregate | ||||||
26 | of one percent; and (3) if its population is 5,000 25,000 or |
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1 | less,
an aggregate of one-half percent. Indebtedness which is | ||||||
2 | outstanding on
the effective date of this Constitution or which | ||||||
3 | is thereafter approved
by referendum or assumed from another | ||||||
4 | unit of local government shall not
be included in the foregoing | ||||||
5 | percentage amounts.
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6 | (l) The General Assembly may not deny or limit the power of | ||||||
7 | home
rule units (1) to make local improvements by special | ||||||
8 | assessment and to
exercise this power jointly with other | ||||||
9 | counties and municipalities, and
other classes of units of | ||||||
10 | local government having that power on the
effective date of | ||||||
11 | this Constitution unless that power is subsequently
denied by | ||||||
12 | law to any such other units of local government or (2) to levy
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13 | or impose additional taxes upon areas within their boundaries | ||||||
14 | in the
manner provided by law for the provision of special | ||||||
15 | services to those
areas and for the payment of debt incurred in | ||||||
16 | order to provide those
special services.
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17 | (m) Powers and functions of home rule units shall be | ||||||
18 | construed
liberally.
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19 | (Source: Illinois Constitution .)
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20 | SCHEDULE
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21 | This Constitutional Amendment takes effect upon being | ||||||
22 | declared adopted in accordance with Section 7 of the Illinois | ||||||
23 | Constitutional Amendment Act.
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