Full Text of HJRCA0026 96th General Assembly
HC0026 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT HC0026
Introduced 2/26/2009, by Rep. Mike Boland SYNOPSIS AS INTRODUCED: |
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ILCON Art. IV, Sec. 1 |
ILCON Art. IV, Sec. 2 |
ILCON Art. IV, Sec. 3 |
ILCON Art. IV, Sec. 5 |
ILCON Art. IV, Sec. 6 |
ILCON Art. IV, Sec. 7 |
ILCON Art. IV, Sec. 8 |
ILCON Art. IV, Sec. 9 |
ILCON Art. IV, Sec. 10 |
ILCON Art. IV, Sec. 12 |
ILCON Art. IV, Sec. 14 |
ILCON Art. IV, Sec. 15 rep. |
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ILCON Art. V, Sec. 9 |
ILCON Art. V, Sec. 11 |
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ILCON Art. VII, Sec. 6 |
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ILCON Art. VIII, Sec. 3 |
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ILCON Art. IX, Sec. 9 |
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ILCON Art. XIII, Sec. 8 |
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ILCON Art. XIV, Sec. 1 |
ILCON Art. XIV, Sec. 2 |
ILCON Art. XIV, Sec. 4 |
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Proposes to amend the Legislature Article of the Illinois Constitution. Changes the State's legislature to a unicameral General Assembly composed of 177 members. Provides that the members, beginning in 2012, are elected from single-member districts for staggered 4-year and 2-year terms. Provides for a Presiding Officer and a Minority Leader. Makes conforming changes in other Articles of the Illinois Constitution. Effective upon being declared adopted and applies beginning with the 97th General Assembly.
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A BILL FOR
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| HOUSE JOINT RESOLUTION
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| CONSTITUTIONAL AMENDMENT
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| 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:
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| ARTICLE IV
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| THE LEGISLATURE
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| (ILCON Art. IV, Sec. 1)
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| SECTION 1. LEGISLATURE - POWER AND STRUCTURE
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| 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 |
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| 177 Legislative Districts beginning in 2012 .
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| (Source: Amendment adopted at general election November 4, | 3 |
| 1980.)
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| (ILCON Art. IV, Sec. 2)
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| SECTION 2. LEGISLATIVE COMPOSITION
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| (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
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| equally over the State.
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| (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.
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| (c) To be eligible to serve as a member of the General |
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| 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.
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| (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.
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| (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.
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| No member of the General Assembly during the term for which | 26 |
| he or she was
elected or appointed shall be appointed to a |
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| 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.
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| (Source: Amendment adopted at general election November 4, | 5 |
| 1980.)
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| (ILCON Art. IV, Sec. 3)
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| SECTION 3. LEGISLATIVE REDISTRICTING
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| (a) Legislative Districts shall be compact, contiguous and
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| substantially equal in population. Representative Districts | 10 |
| shall be compact,
contiguous, and substantially equal in | 11 |
| population.
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| (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 .
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| 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.
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| 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 |
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| the Senate shall each appoint to the Commission one Senator and | 2 |
| one
person who is not a member of the General Assembly.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| 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.
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| The Supreme Court shall have original and exclusive | 26 |
| jurisdiction over
actions concerning redistricting the General |
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| Assembly House and Senate , which shall be
initiated in the name | 2 |
| of the People of the State by the Attorney
General.
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| (Source: Amendment adopted at general election November 4, | 4 |
| 1980.)
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| (ILCON Art. IV, Sec. 5)
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| SECTION 5. SESSIONS
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| (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 .
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| (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.
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| (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 |
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| 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 .
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| (Source: Illinois Constitution.)
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| (ILCON Art. IV, Sec. 6)
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| SECTION 6. ORGANIZATION
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| (a) A majority of the members elected to the General | 11 |
| Assembly each house constitutes a
quorum.
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| (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 .
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| (c) For purposes of powers of appointment conferred by this
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| 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 .
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| (d) The General Assembly Each house shall determine the |
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| 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.
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| (Source: Illinois Constitution.)
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| (ILCON Art. IV, Sec. 7)
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| SECTION 7. TRANSACTION OF BUSINESS
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| (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.
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| (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.
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| (c) The General Assembly Either house or any committee | 24 |
| thereof as provided by law may
compel by subpoena the |
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| attendance and testimony of witnesses and the
production of | 2 |
| books, records and papers.
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| (Source: Illinois Constitution.)
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| (ILCON Art. IV, Sec. 8)
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| SECTION 8. PASSAGE OF BILLS
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| (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."
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| (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.
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| (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.
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| (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.
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| 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 |
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| to the subject of appropriations.
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| A bill expressly amending a law shall set forth completely | 3 |
| the
sections amended.
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| 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.
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| (Source: Illinois Constitution.)
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| (ILCON Art. IV, Sec. 9)
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| SECTION 9. VETO PROCEDURE
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| (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.
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| (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 |
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| General Assembly originating house promptly upon the next | 2 |
| meeting of
the same General Assembly at which the bill can be | 3 |
| considered.
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| (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.
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| (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
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| 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
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| so restored, it shall become law in the reduced amount.
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| (e) The Governor may return a bill together with specific
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| recommendations for change to the General Assembly house in | 26 |
| which it originated . The bill
shall be considered in the same |
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| 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
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| 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 .
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| (Source: Illinois Constitution.)
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| (ILCON Art. IV, Sec. 10)
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| SECTION 10. EFFECTIVE DATE OF LAWS
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| 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.
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| (Source: Amendment adopted at general election November 8, | 21 |
| 1994.)
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| (ILCON Art. IV, Sec. 12)
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| SECTION 12. LEGISLATIVE IMMUNITY
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| 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
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| house . These immunities shall apply to committee and | 8 |
| legislative
commission proceedings.
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| (Source: Illinois Constitution.)
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| (ILCON Art. IV, Sec. 14)
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| SECTION 14. IMPEACHMENT
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| 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
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| or acquitted, shall be liable to prosecution, trial, judgment | 2 |
| and
punishment according to law.
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| (Source: Illinois Constitution.)
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| (ILCON Art. IV, Sec. 15 rep.)
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| SECTION 15. ADJOURNMENT (REPEALED)
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| (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.
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| (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.)
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| ARTICLE V
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| 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 |
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| 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.
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| (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 |
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| 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
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| 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
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| (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 |
|
|
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| 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 |
|
|
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| 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.
|
|
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| 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.)
|
|
|
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| 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 |
|
|
|
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| 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
|
|
|
|
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LRB096 03805 JAM 13837 e |
|
| 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 |
|
|
|
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LRB096 03805 JAM 13837 e |
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| 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.
|
|
|
|
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| 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.
|
|
|
|
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LRB096 03805 JAM 13837 e |
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| 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.)
|
|
|
|
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| 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.
|
|