103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SENATE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT
SC0005

 

Introduced 2/27/2023, by Sen. Seth Lewis

 

SYNOPSIS AS INTRODUCED:
 
ILCON Art. VII, Sec. 6

    Proposes to amend the Legislature Article of the Illinois Constitution. Reduces the minimum population for a home rule unit to 7,500 from 25,000. Effective upon being declared adopted.


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1
SENATE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

 
3    RESOLVED, BY THE SENATE OF THE ONE HUNDRED THIRD GENERAL
4ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF
5REPRESENTATIVES CONCURRING HEREIN, that there shall be
6submitted to the electors of the State for adoption or
7rejection at the general election next occurring at least 6
8months after the adoption of this resolution a proposition to
9amend the Illinois Constitution by changing Section 6 of
10Article 7 as follows:
 
11
ARTICLE VII
12
LOCAL GOVERNMENT

13    (ILCON Art. VII, Sec. 6)
14SECTION 6. POWERS OF HOME RULE UNITS
15    (a) A County which has a chief executive officer elected
16by the electors of the county and any municipality which has a
17population of more than 7,500 25,000 are home rule units.
18Other municipalities may elect by referendum to become home
19rule units. Except as limited by this Section, a home rule unit
20may exercise any power and perform any function pertaining to
21its government and affairs including, but not limited to, the
22power to regulate for the protection of the public health,
23safety, morals and welfare; to license; to tax; and to incur

 

 

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1debt.
2    (b) A home rule unit by referendum may elect not to be a
3home rule unit.
4    (c) If a home rule county ordinance conflicts with an
5ordinance of a municipality, the municipal ordinance shall
6prevail within its jurisdiction.
7    (d) A home rule unit does not have the power (1) to incur
8debt payable from ad valorem property tax receipts maturing
9more than 40 years from the time it is incurred or (2) to
10define and provide for the punishment of a felony.
11    (e) A home rule unit shall have only the power that the
12General Assembly may provide by law (1) to punish by
13imprisonment for more than six months or (2) to license for
14revenue or impose taxes upon or measured by income or earnings
15or upon occupations.
16    (f) A home rule unit shall have the power subject to
17approval by referendum to adopt, alter or repeal a form of
18government provided by law, except that the form of government
19of Cook County shall be subject to the provisions of Section 3
20of this Article. A home rule municipality shall have the power
21to provide for its officers, their manner of selection and
22terms of office only as approved by referendum or as otherwise
23authorized by law. A home rule county shall have the power to
24provide for its officers, their manner of selection and terms
25of office in the manner set forth in Section 4 of this Article.
26    (g) The General Assembly by a law approved by the vote of

 

 

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1three-fifths of the members elected to each house may deny or
2limit the power to tax and any other power or function of a
3home rule unit not exercised or performed by the State other
4than a power or function specified in subsection (l) of this
5section.
6    (h) The General Assembly may provide specifically by law
7for the exclusive exercise by the State of any power or
8function of a home rule unit other than a taxing power or a
9power or function specified in subsection (l) of this Section.
10    (i) Home rule units may exercise and perform concurrently
11with the State any power or function of a home rule unit to the
12extent that the General Assembly by law does not specifically
13limit the concurrent exercise or specifically declare the
14State's exercise to be exclusive.
15    (j) The General Assembly may limit by law the amount of
16debt which home rule counties may incur and may limit by law
17approved by three-fifths of the members elected to each house
18the amount of debt, other than debt payable from ad valorem
19property tax receipts, which home rule municipalities may
20incur.
21    (k) The General Assembly may limit by law the amount and
22require referendum approval of debt to be incurred by home
23rule municipalities, payable from ad valorem property tax
24receipts, only in excess of the following percentages of the
25assessed value of its taxable property: (1) if its population
26is 500,000 or more, an aggregate of three percent; (2) if its

 

 

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1population is more than 7,500 25,000 and less than 500,000, an
2aggregate of one percent; and (3) if its population is 7,500
325,000 or less, an aggregate of one-half percent. Indebtedness
4which is outstanding on the effective date of this
5Constitution or which is thereafter approved by referendum or
6assumed from another unit of local government shall not be
7included in the foregoing percentage amounts.
8    (l) The General Assembly may not deny or limit the power of
9home rule units (1) to make local improvements by special
10assessment and to exercise this power jointly with other
11counties and municipalities, and other classes of units of
12local government having that power on the effective date of
13this Constitution unless that power is subsequently denied by
14law to any such other units of local government or (2) to levy
15or impose additional taxes upon areas within their boundaries
16in the manner provided by law for the provision of special
17services to those areas and for the payment of debt incurred in
18order to provide those special services.
19    (m) Powers and functions of home rule units shall be
20construed liberally.
21(Source: Illinois Constitution.)
 
22
SCHEDULE
23    This Constitutional Amendment takes effect upon being
24declared adopted in accordance with Section 7 of the Illinois
25Constitutional Amendment Act.