Full Text of HJR0093 97th General Assembly
HJ0093 97TH GENERAL ASSEMBLY |
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| 1 | | HOUSE JOINT RESOLUTION
| 2 | | WHEREAS, The 97th General Assembly of the State of Illinois | 3 | | has submitted House Joint Resolution Constitutional Amendment | 4 | | 49, a proposal to amend the Illinois Constitution, to the | 5 | | voters of Illinois at the November 2012 general election; and
| 6 | | WHEREAS, The Illinois Constitutional Amendment Act | 7 | | requires the General Assembly to prepare a brief explanation of | 8 | | the proposed amendment, a brief argument in favor of the | 9 | | amendment, a brief argument against the amendment, and the form | 10 | | in which the amendment will appear on the ballot, and also | 11 | | requires the information to be published and distributed to the | 12 | | electorate; therefore, be it
| 13 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 14 | | NINETY-SEVENTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE | 15 | | SENATE CONCURRING HEREIN, that the proposed form of new Section | 16 | | 5.1 of Article XIII shall be published as follows: | 17 | | "ARTICLE XIII | 18 | | GENERAL PROVISIONS | 19 | | (ILCON Art. XIII, Sec. 5.1 new) |
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| 1 | | SECTION 5.1. PENSION AND RETIREMENT BENEFIT INCREASES | 2 | | (a) No bill, except a bill for appropriations, that | 3 | | provides a benefit increase under any pension or retirement | 4 | | system of the State, any unit of local government or school | 5 | | district, or any agency or instrumentality thereof, shall | 6 | | become law without the concurrence of three-fifths of the | 7 | | members elected to each house of the General Assembly. If the | 8 | | Governor vetoes such a bill by returning it with objections to | 9 | | the house in which it originated, the provisions of Article IV, | 10 | | Section 9 shall govern the passage of that bill except that | 11 | | such bill shall not become law unless, upon its return, it is | 12 | | passed by a record vote of two-thirds of the members elected to | 13 | | each house of the General Assembly. If the Governor returns | 14 | | such a bill with specific recommendations for change to the | 15 | | house in which it originated, the provisions of Article IV, | 16 | | Section 9 shall govern the acceptance of those specific | 17 | | recommendations except that such recommendations may be | 18 | | accepted only by a record vote of two-thirds of the members | 19 | | elected to each house of the General Assembly, regardless of | 20 | | the bill's date of passage or effective date. | 21 | | For purposes of this subsection, the term "benefit | 22 | | increase" means a change to any pension or other law that | 23 | | results in a member of a pension or retirement system receiving | 24 | | a new benefit or an enhancement to a benefit, including, but | 25 | | not limited to, any changes that (i) increase the amount of the |
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| 1 | | pension or annuity that a member could receive upon retirement, | 2 | | or (ii) reduce or eliminate the eligibility requirements or | 3 | | other terms or conditions a member must meet to receive a | 4 | | pension or annuity upon retirement. The term "benefit increase" | 5 | | also means a change to any pension or other law that expands | 6 | | the class of persons who may become a member of any pension or | 7 | | retirement system or who may receive a pension or annuity from | 8 | | a pension or retirement system. An increase in salary or wage | 9 | | level, by itself, shall not constitute a "benefit increase" | 10 | | unless that increase exceeds limitations provided by law. | 11 | | (b) No ordinance, resolution, rule, or other action of the | 12 | | governing body, or an appointee or employee of the governing | 13 | | body, of any unit of local government or school district that | 14 | | provides an emolument increase to an official or employee that | 15 | | has the effect of increasing the amount of the pension or | 16 | | annuity that an official or employee could receive as a member | 17 | | of a pension or retirement system shall be valid without the | 18 | | concurrence of three-fifths of the members of that governing | 19 | | body. For purposes of this subsection, the term "emolument | 20 | | increase" means the creation of a new or enhancement of an | 21 | | existing advantage, profit or gain that an official or employee | 22 | | receives by virtue of holding office or employment, including, | 23 | | but not limited to, compensated time off, bonuses, incentives, | 24 | | or other forms of compensation. An increase in salary or wage | 25 | | level, by itself, shall not constitute an "emolument increase" | 26 | | unless that increase exceeds limitations provided by law. |
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| 1 | | (c) No action of the governing body, or an appointee or | 2 | | employee of the governing body, of any pension or retirement | 3 | | system created or maintained for the benefit of officers or | 4 | | employees of the State, any unit of local government or school | 5 | | district, or any agency or instrumentality thereof that results | 6 | | in a beneficial determination shall be valid without the | 7 | | concurrence of three-fifths of the members of that governing | 8 | | body. For the purposes of this subsection, the term "beneficial | 9 | | determination" means an interpretation or application of | 10 | | pension or other law by the governing body, or an appointee or | 11 | | employee of the governing body, that reverses or supersedes a | 12 | | previous interpretation or application and either (i) results | 13 | | in an increase in the amount of the pension or annuity received | 14 | | by a member of the pension or retirement system or (ii) results | 15 | | in a person becoming eligible to receive a pension or annuity | 16 | | from the pension or retirement system. The term "beneficial | 17 | | determination" shall not include a beneficial determination | 18 | | mandated by a final decision of a court of competent | 19 | | jurisdiction. | 20 | | (d) Nothing in this Section shall prevent the passage or | 21 | | adoption of any law, ordinance, resolution, rule, policy, or | 22 | | practice that further restricts the ability to provide a | 23 | | "benefit increase", "emolument increase", or "beneficial | 24 | | determination" as those terms are used under this Section. "; | 25 | | and be it further
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| 1 | | RESOLVED, That a brief explanation of the proposed | 2 | | amendment, a brief argument in favor of the amendment, a brief | 3 | | argument against the amendment, and the form in which the | 4 | | amendment will appear on the ballot shall be published and | 5 | | distributed as follows:
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| 1 | | PROPOSED AMENDMENT
| 2 | | TO ADD SECTION 5.1 TO ARTICLE XIII | 3 | | OF THE ILLINOIS CONSTITUTION | 4 | | That will be submitted to the voters
| 5 | | November 6, 2012 | 6 | | This pamphlet includes | 7 | | EXPLANATION OF THE PROPOSED AMENDMENT
| 8 | | ARGUMENTS IN FAVOR OF THE AMENDMENT
| 9 | | ARGUMENTS AGAINST THE AMENDMENT
| 10 | | FORM OF BALLOT
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| 1 | | To the Electors of the State of Illinois: | 2 | | The purpose of a state constitution is to establish a | 3 | | structure for government and laws. The Illinois Constitution: | 4 | | provides citizens with rights and protections; creates the | 5 | | executive, judicial, and legislative branches of government; | 6 | | clarifies the powers given to local governments; limits the | 7 | | taxing power of the State; and imposes certain restrictions on | 8 | | the use of taxpayer dollars. There are three ways to initiate | 9 | | change to the Illinois Constitution: (1) a constitutional | 10 | | convention may propose changes to any part; (2) the General | 11 | | Assembly may propose changes to any part; or (3) the people of | 12 | | the State by referendum may propose changes to the Legislative | 13 | | Article. Regardless of the method of initiating change, the | 14 | | people of Illinois must approve any changes of the Constitution | 15 | | before they become effective. | 16 | | The proposed amendment adds Section 5.1 to the General | 17 | | Provisions Article of the Illinois Constitution. The new | 18 | | section would require a three-fifths majority vote to approve | 19 | | any pension or retirement benefit increase for public employees | 20 | | and officials. At the general election to be held on November | 21 | | 6, 2012, you will be called upon to decide whether the proposed | 22 | | amendment should become part of the Illinois Constitution. | 23 | | EXPLANATION |
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| 1 | | The proposed amendment adds a section to the Illinois | 2 | | Constitution requiring a three-fifths majority vote to approve | 3 | | any pension or retirement benefit increase for public employees | 4 | | and officials. | 5 | | The proposed amendment requires a three-fifths vote of each | 6 | | chamber of the General Assembly (the Senate and the House of | 7 | | Representatives) for a bill that provides a pension benefit | 8 | | increase, except for appropriation bills. "Benefit increase" | 9 | | means a change to any pension or other law that results in a | 10 | | member of a pension or retirement system receiving a new | 11 | | benefit or an enhancement, including any changes that (i) | 12 | | increase the amount of a member's pension, or (ii) reduce or | 13 | | eliminate the eligibility requirements or other terms or | 14 | | conditions a member must meet to receive a pension. It also | 15 | | means a change to any pension or other law that expands the | 16 | | class of persons who may become members of any pension or | 17 | | retirement system. An increase in salary or wage level, by | 18 | | itself, does not constitute a "benefit increase," unless the | 19 | | increase exceeds limitations provided by law.
| 20 | | The proposed amendment would also require a two-thirds vote | 21 | | for lawmakers to override a governor's veto or accept a | 22 | | governor's proposed changes in a rewrite of pension increase | 23 | | legislation. Currently, it takes a three-fifths vote to | 24 | | override a veto and only a simple majority to accept a | 25 | | governor's changes. | 26 | | The proposed amendment requires approval of three-fifths |
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| 1 | | of the members of the governing body of a unit of local | 2 | | government or school district for any ordinance, resolution, | 3 | | rule, or other action that provides an enhancement or emolument | 4 | | increase to an employee or officer that has the effect of | 5 | | increasing the pension of that employee or officer. "Emolument | 6 | | increase" means the creation of a new, or enhancement of an | 7 | | existing, advantage, profit, or gain that an official or | 8 | | employee receives by virtue of holding office or employment, | 9 | | which includes compensated time off, bonuses, incentives, or | 10 | | other forms of compensation. An increase in salary or wage | 11 | | level, by itself, does not constitute an "emolument increase," | 12 | | unless the increase exceeds limitations provided by law.
| 13 | | The proposed amendment requires approval of three-fifths | 14 | | of the members of the governing body of a pension or retirement | 15 | | system for any action that results in a "beneficial | 16 | | determination." A "beneficial determination" is an | 17 | | interpretation or application of law that reverses or | 18 | | supersedes a previous decision if that interpretation or | 19 | | application (i) results in an increase in the overall amount of | 20 | | pension benefits received by a member or (ii) results in a | 21 | | person becoming eligible to receive a pension. "Beneficial | 22 | | determination" does not include a final decision mandated by | 23 | | the courts.
| 24 | | Voters that believe the Illinois Constitution should be | 25 | | amended to require a three-fifths majority vote to approve any | 26 | | pension or retirement benefit increase for public employees and |
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| 1 | | officials should vote "YES" on the question. Three-fifths of | 2 | | those voting on the question, or a majority of those voting in | 3 | | the election, must vote "YES" in order for the amendment to | 4 | | become effective. Voters that believe the Illinois | 5 | | Constitution should not be amended to require a three-fifths | 6 | | majority vote to approve any pension or retirement benefit | 7 | | increase for public employees and officials should vote "NO" on | 8 | | the question.
| 9 | | Arguments in Favor of the Proposed Amendment | 10 | | (1) A higher vote requirement would help prevent unfunded | 11 | | future liability for pension benefits. | 12 | | (2) Requiring a three-fifths vote would provide better | 13 | | accountability. | 14 | | (3) A three-fifths vote requires greater consensus among | 15 | | parties.
| 16 | | Unfunded Liability | 17 | | Currently, the public retirement system is not financially | 18 | | stable and is significantly underfunded. A higher vote | 19 | | requirement to enact pension benefit increases will help to | 20 | | maintain fiscal responsibility and make it more difficult to | 21 | | further burden the public retirement system. |
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| 1 | | Provide More Accountability
| 2 | | The proposed amendment provides more accountability in the | 3 | | legislative process by requiring more votes to pass a pension | 4 | | benefit increase. Since the cost of benefit increases comes at | 5 | | a later date, the price to the taxpayers is not always noticed | 6 | | immediately. A higher vote requirement will signify to the | 7 | | governing body that they are taking a serious action and will | 8 | | encourage greater in-depth thought before passage.
| 9 | | Greater Consensus | 10 | | A three-fifths vote requirement means the members of the | 11 | | governing body, regardless of political affiliation, will need | 12 | | to work together to reach an agreement. A greater consensus | 13 | | would provide for better decisions and more serious | 14 | | deliberation. Given the importance of pension benefit | 15 | | increases, and their subsequent impact on taxpayers, greater | 16 | | agreement would be beneficial. | 17 | | Arguments Against the Proposed Amendment
| 18 | | (1) A higher vote requirement may limit the bargaining | 19 | | power of employers and employees. | 20 | | (2) There is the possibility of disagreement on what |
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| 1 | | constitutes a benefit increase. | 2 | | (3)
Requiring a supermajority for pension benefit | 3 | | increases could make it more difficult to recruit the best | 4 | | people to work in government service. | 5 | | Decreased Bargaining Power | 6 | |
Many government employees are represented by labor unions | 7 | | that bargain on their behalf for particular benefits. This | 8 | | constitutional amendment may make it more difficult for unions | 9 | | to bargain for certain increased benefits for their employees. | 10 | | In addition, many government employers may prefer to bargain | 11 | | over these benefits to give incentives to employees to do their | 12 | | jobs well. This constitutional amendment could remove | 13 | | bargaining power from both the government employer and | 14 | | government employee.
| 15 | | Possibility of Disagreement on Terms | 16 | | The proposed amendment creates new definitions for the | 17 | | terms "benefit increase," "emolument increase," and | 18 | | "beneficial determination," which are not defined in other | 19 | | statutes or in existing case law. These definitions could | 20 | | generate litigation, resulting in additional costs. There may | 21 | | also be disagreement amongst the governing body on whether a | 22 | | bill, resolution, or other action constitutes a "benefit |
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| 1 | | increase," "emolument increase," or "beneficial | 2 | | determination."
| 3 | | Recruiting Employees for Government Jobs | 4 | | Like any employer, units of government wish to attract good | 5 | | employees. This constitutional amendment may make it more | 6 | | difficult for employers to increase benefits to employees and, | 7 | | therefore, make it harder to attract the best people to | 8 | | government service.
| 9 | | FORM OF BALLOT | 10 | | Proposed Amendment to the 1970 Illinois Constitution
| 11 | | Explanation of Amendment
| 12 | | Upon approval by the voters, the proposed amendment, which | 13 | | takes effect on January 9, 2013, adds a new section to the | 14 | | General Provisions Article of the Illinois Constitution. The | 15 | | new section would require a three-fifths majority vote of each | 16 | | chamber of the General Assembly, or the governing body of a | 17 | | unit of local government, school district, or pension or | 18 | | retirement system, in order to increase a benefit under any | 19 | | public pension or retirement system. At the general election to | 20 | | be held on November 6, 2012, you will be called upon to decide | 21 | | whether the proposed amendment should become part of the |
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| 1 | | Illinois Constitution.
| 2 | | If you believe the Illinois Constitution should be amended to | 3 | | require a three-fifths majority vote in order to increase a | 4 | | benefit under any public pension or retirement system, you | 5 | | should vote "YES" on the question. If you believe the Illinois | 6 | | Constitution should not be amended to require a three-fifths | 7 | | majority vote in order to increase a benefit under any public | 8 | | pension or retirement system, you should vote "NO" on the | 9 | | question. Three-fifths of those voting on the question or a | 10 | | majority of those voting in the election must vote "YES" in | 11 | | order for the amendment to become effective on January 9, 2013. | 12 | | -------------------------------------------------------------
| 13 | | YES For the proposed addition
- | 14 | | ---------- of Section 5.1 to Article XIII
| 15 | | NO of the Illinois Constitution.
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