Full Text of HJRCA0061 96th General Assembly
HC0061ham001 96TH GENERAL ASSEMBLY |
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| 1 | | AMENDMENT TO HOUSE JOINT RESOLUTION
| 2 | | CONSTITUTIONAL AMENDMENT 61
| 3 | | AMENDMENT NO. ___. Amend House Joint Resolution | 4 | | Constitutional Amendment 61 by replacing line 3 on page 1 | 5 | | through line 13 on page 3 with the following: | 6 | | "RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 7 | | NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 8 | | SENATE CONCURRING HEREIN, that there shall be submitted to the | 9 | | electors of the State for adoption or rejection at the general | 10 | | election next occurring at least 6 months after the adoption of | 11 | | this resolution a proposition to add Section 8.1 to Article IV | 12 | | and to add Sections 2.1 and 2.2 to Article VIII of the Illinois | 13 | | Constitution as follows:
| 14 | | ARTICLE IV
| 15 | | THE LEGISLATURE
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| 1 | | (ILCON Art. IV, Sec. 8.1 new)
| 2 | | SECTION 8.1. PASSAGE OF REVENUE BILLS
| 3 | | A bill that would result in the increase of revenue to the | 4 | | State by an
increase of a tax on or measured by income or by an | 5 | | increase of a tax on or
measured by the
selling price of any | 6 | | item of tangible personal property may
become law only with the | 7 | | concurrence of three-fifths of the members elected to
each | 8 | | house of the General Assembly.
| 9 | | ARTICLE VIII
| 10 | | FINANCE
| 11 | | (ILCON Art. VIII, Sec. 2.1 new) | 12 | | SECTION 2.1. LIMITATIONS ON APPROPRIATIONS AND TRANSFERS | 13 | | (a) For the fiscal year ending in 2014 and each fiscal year | 14 | | thereafter, aggregate appropriations and transfers from the | 15 | | general funds are limited as provided in this Section. "General | 16 | | funds" include the General Revenue Fund, the Common School | 17 | | Fund, the General Revenue Common School Special Account Fund, | 18 | | and the Education Assistance Fund and any fund utilized for | 19 | | general or operating expenses. "Appropriations and transfers" | 20 | | do not include (i) reappropriations from a previous fiscal | 21 | | year, (ii) those made for debt service payments, and (iii) | 22 | | those made to a budget stabilization fund. | 23 | | (b) Aggregate fiscal year appropriations and transfers | 24 | | from the general funds may not exceed the limitation amount. |
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| 1 | | For the fiscal year ending in 2014, the limitation amount is | 2 | | the aggregate amount of appropriations and transfers from the | 3 | | general funds in the fiscal year ending in 2010, as adjusted as | 4 | | provided in this subsection (b) for the fiscal years ending in | 5 | | 2011, 2012, and 2013. For the fiscal year ending in 2015 and | 6 | | each fiscal year thereafter, the limitation amount is the | 7 | | aggregate amount of appropriations and transfers from the | 8 | | general funds in the previous fiscal year, as adjusted as | 9 | | provided in this subsection (b). | 10 | | For the fiscal year after a fiscal emergency is declared | 11 | | under subsection (c) of this Section, the limitation amount is | 12 | | the aggregate amount of appropriations and transfers from the | 13 | | general funds in the fiscal year in which the fiscal emergency | 14 | | is declared minus the specific dollar amount by which the | 15 | | limitation amount was increased for the fiscal emergency, as | 16 | | adjusted as provided in this subsection (b). | 17 | | The adjustment is the average annual percentage change in | 18 | | the average per capita personal income for Illinois for the 5 | 19 | | most recent calendar years for which data is available, as | 20 | | defined and reported by the United States Department of | 21 | | Commerce, or its successor. | 22 | | (c) The Governor may declare a fiscal emergency by filing a | 23 | | declaration with the Secretary of State and copies with the | 24 | | Senate and House of Representatives. The declaration must be | 25 | | limited to only one State fiscal year, set forth compelling | 26 | | reasons for declaring a fiscal emergency, and request that the |
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| 1 | | limitation amount for that fiscal year be increased by a | 2 | | specific dollar amount. If the Comptroller and Treasurer advise | 3 | | the General Assembly that they concur in the Governor's | 4 | | declaration, then by a record vote of three-fifths of the | 5 | | members elected to each house, the General Assembly, by law | 6 | | conditioned upon the approval of a majority of voters in the | 7 | | next general, primary, or special election, may authorize | 8 | | increased appropriations and transfers in a specific dollar | 9 | | amount that is no more than the increased amount requested by | 10 | | the Governor in the declaration. "Emergency" means | 11 | | extraordinary circumstances outside the control of the General | 12 | | Assembly, including catastrophic events, such as a natural | 13 | | disaster, terrorism, fire, war, and riot, and court orders or | 14 | | decrees. | 15 | | (d) If the general funds revenues for a fiscal year exceed | 16 | | the limitation amount for that fiscal year, then those excess | 17 | | revenues must be deposited into the Past Due Paydown Fund, | 18 | | State Budget Stabilization Fund, and the Taxpayer Relief Fund | 19 | | as provided in subsections (e), (f), and (g). | 20 | | (e) The Past Due Paydown Fund is established as a special | 21 | | fund in the State treasury and must be administered for the | 22 | | purposes identified in this Section.
At the close of the lapse | 23 | | period for each fiscal year beginning in 2011, the State | 24 | | Comptroller shall identify the amount of General Fund | 25 | | unappropriated surplus above the Spending Growth Index | 26 | | limitation and transfer to the fund any amount necessary up to |
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| 1 | | the total past due operating debt owed by the State as of the | 2 | | close of fiscal year 2010. | 3 | | The General Assembly may authorize transfers, | 4 | | appropriations, and allocations from the fund only to fund the | 5 | | costs of paying down the remaining past due debt until such | 6 | | debt is zero. Any remaining funds shall be transferred to the | 7 | | State Budget Stabilization Fund. | 8 | | (f) The State Budget Stabilization Fund is established as a | 9 | | special fund in the State treasury and must be administered for | 10 | | the purposes identified in this Section.
At the close of the | 11 | | lapse period of each fiscal year, the State Comptroller shall | 12 | | identify the amount of General Fund unappropriated surplus | 13 | | above the expenditure limitation described in subsection (b) of | 14 | | this Section and above the amount necessary to fully fund and | 15 | | pay down the past due operating debt to zero. The fund may not | 16 | | exceed 8% of the total General Fund revenues received in the | 17 | | immediately preceding fiscal year. | 18 | | The General Assembly may authorize transfers, | 19 | | appropriations, and allocations from the fund only to fund the | 20 | | costs of State government up to the expenditure limit | 21 | | calculated by law in years when State revenues are less than | 22 | | the amount necessary to finance the level of expenditures | 23 | | permitted by law. Transfers require a three-fifths | 24 | | supermajority vote of the General Assembly. | 25 | | The money in the fund may be invested as provided by law, | 26 | | with the earnings credited to the fund. At the close of every |
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| 1 | | month during which the fund is at the 8% limitation, the State | 2 | | Comptroller shall transfer the excess to the Taxpayer Relief | 3 | | Fund. | 4 | | (g) The Taxpayer Relief Fund is established as a special | 5 | | fund in the State treasury and must be administered for the | 6 | | purposes identified in this Section. At the close of the lapse | 7 | | period of each fiscal year, the State Comptroller shall | 8 | | identify the amount of General Fund unappropriated surplus | 9 | | above the State expenditure limitation and above the amount | 10 | | necessary to fully fund the Past Due Paydown Fund and the | 11 | | Budget Stabilization Fund. | 12 | | By September 1st annually, the State Comptroller shall | 13 | | notify the Commission on Government Forecasting and | 14 | | Accountability and the Department of Revenue of the amount in | 15 | | the fund as a result of the transfers. | 16 | | If the amount in the fund exceeds 1% of General Fund | 17 | | expenditures, then the General Assembly shall, by September | 18 | | 15th, enact legislation to provide for the refund to taxpayers | 19 | | of amounts in the fund. Refunds may take the form only of | 20 | | temporary or permanent broad-based tax rate reductions. | 21 | | If the General Assembly does not enact legislation by | 22 | | September 15th to provide refunds, then the State Comptroller | 23 | | shall, by September 30th, notify the Department of Revenue of | 24 | | the amount in the fund. The Department of Revenue shall | 25 | | calculate a one-time bonus personal exemption refund. The | 26 | | amount of the personal exemption refund must be calculated by |
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| 1 | | dividing the amount in the fund identified by the State | 2 | | Comptroller by the number of personal exemptions claimed on | 3 | | income tax returns filed for tax year beginning in the previous | 4 | | calendar year. The Department of Revenue shall issue a refund | 5 | | by October 30th to a taxpayer who filed an income tax return by | 6 | | April 15th of the same calendar year based on the number of | 7 | | exemptions claimed (times refund per exemption) on the | 8 | | taxpayer's return without regard to the taxpayer's tax | 9 | | liability for the year. | 10 | | (ILCON Art. VIII, Sec. 2.2 new) | 11 | | SECTION 2.2. OBLIGATIONS TO RETIREMENT SYSTEMS AND PENSION | 12 | | FUNDS | 13 | | In each fiscal year, obligations of the State to retirement | 14 | | systems and pension funds created under the Illinois Pension | 15 | | Code must be met as provided in that Code.
| 16 | | SCHEDULE
| 17 | | This Constitutional Amendment takes effect upon being | 18 | | declared adopted in accordance with Section 7 of the Illinois | 19 | | Constitutional Amendment Act.".
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