Full Text of SJRCA0012 95th General Assembly
SC0012 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT SC0012
Introduced 2/8/2007, by Sen. John O. Jones SYNOPSIS AS INTRODUCED: |
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Proposes to amend the Local Government Article of the Illinois Constitution. Deletes the authority of any county to be a home rule unit. Effective upon being declared adopted.
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A BILL FOR
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SC0012 |
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LRB095 04744 HLH 24803 e |
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| SENATE JOINT RESOLUTION
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| CONSTITUTIONAL AMENDMENT
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| RESOLVED, BY THE SENATE OF THE NINETY-FIFTH 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 Article VII of the | 9 |
| Illinois Constitution by changing Section 6 as follows:
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| ARTICLE VII
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| LOCAL GOVERNMENT
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| (ILCON Art. VII, Sec. 6)
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| SECTION 6. POWERS OF HOME RULE UNITS
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| (a) Any
A County which has a chief executive officer | 15 |
| elected by the
electors of the county and any municipality | 16 |
| which has a population of
more than 25,000 is a
are home rule | 17 |
| unit
units . Other municipalities may elect by
referendum to | 18 |
| become home rule units. Except as limited by this Section,
a | 19 |
| home rule unit may exercise any power and perform any function
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| pertaining to its government and affairs including, but not | 21 |
| limited to,
the power to regulate for the protection of the | 22 |
| public health, safety,
morals and welfare; to license; to tax; | 23 |
| and to incur debt.
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| (b) A home rule unit by referendum may elect not to be a | 2 |
| home rule
unit.
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| (c) (Blank).
If a home rule county ordinance conflicts with | 4 |
| an ordinance of a
municipality, the municipal ordinance shall | 5 |
| prevail within its
jurisdiction.
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| (d) A home rule unit does not have the power (1) to incur | 7 |
| debt
payable from ad valorem property tax receipts maturing | 8 |
| more than 40
years from the time it is incurred or (2) to | 9 |
| define and provide for the
punishment of a felony.
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| (e) A home rule unit shall have only the power that the | 11 |
| General
Assembly may provide by law (1) to punish by | 12 |
| imprisonment for more than
six months or (2) to license for | 13 |
| revenue or impose taxes upon or
measured by income or earnings | 14 |
| or upon occupations.
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| (f) A home rule unit shall have the power subject to | 16 |
| approval by
referendum to adopt, alter or repeal a form of | 17 |
| government provided by
law , except that the form of government | 18 |
| of Cook County shall be subject
to the provisions of Section 3 | 19 |
| of this Article . A home rule municipality
shall have the power | 20 |
| to provide for its officers, their manner of
selection and | 21 |
| terms of office only as approved by referendum or as
otherwise | 22 |
| authorized by law. A home rule county shall have the power to
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| provide for its officers, their manner of selection and terms | 24 |
| of office
in the manner set forth in Section 4 of this Article.
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| (g) The General Assembly by a law approved by the vote of
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| three-fifths of the members elected to each house may deny or |
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| limit the
power to tax and any other power or function of a | 2 |
| home rule unit not
exercised or performed by the State other | 3 |
| than a power or function
specified in subsection (l) of this | 4 |
| section.
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| (h) The General Assembly may provide specifically by law | 6 |
| for the
exclusive exercise by the State of any power or | 7 |
| function of a home rule
unit other than a taxing power or a | 8 |
| power or function specified in
subsection (l) of this Section.
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| (i) Home rule units may exercise and perform concurrently | 10 |
| with the
State any power or function of a home rule unit to the | 11 |
| extent that the
General Assembly by law does not specifically | 12 |
| limit the concurrent
exercise or specifically declare the | 13 |
| State's exercise to be exclusive.
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| (j) The General Assembly may limit by law the amount of | 15 |
| debt which
home rule counties may incur and may limit by law | 16 |
| approved by
three-fifths of the members elected to each house | 17 |
| the amount of debt,
other than debt payable from ad valorem | 18 |
| property tax receipts, which
home rule municipalities may | 19 |
| incur.
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| (k) The General Assembly may limit by law the amount and | 21 |
| require
referendum approval of debt to be incurred by home rule | 22 |
| municipalities,
payable from ad valorem property tax receipts, | 23 |
| only in excess of the
following percentages of the assessed | 24 |
| value of its taxable property: (1)
if its population is 500,000 | 25 |
| or more, an aggregate of three percent; (2)
if its population | 26 |
| is more than 25,000 and less than 500,000, an
aggregate of one |
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| percent; and (3) if its population is 25,000 or less,
an | 2 |
| aggregate of one-half percent. Indebtedness which is | 3 |
| outstanding on
the effective date of this Constitution or which | 4 |
| is thereafter approved
by referendum or assumed from another | 5 |
| unit of local government shall not
be included in the foregoing | 6 |
| percentage amounts.
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| (l) The General Assembly may not deny or limit the power of | 8 |
| home
rule units (1) to make local improvements by special | 9 |
| assessment and to
exercise this power jointly with other | 10 |
| counties and municipalities, and
other classes of units of | 11 |
| local government having that power on the
effective date of | 12 |
| this Constitution unless that power is subsequently
denied by | 13 |
| law to any such other units of local government or (2) to levy
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| or impose additional taxes upon areas within their boundaries | 15 |
| in the
manner provided by law for the provision of special | 16 |
| services to those
areas and for the payment of debt incurred in | 17 |
| order to provide those
special services.
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| (m) Powers and functions of home rule units shall be | 19 |
| construed
liberally.
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| (Source: Illinois Constitution .)
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| SCHEDULE
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| This Constitutional Amendment takes effect upon being | 23 |
| declared adopted in accordance with Section 7 of the Illinois | 24 |
| Constitutional Amendment Act.
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