Full Text of HJRCA0032 98th General Assembly
HC0032 98TH GENERAL ASSEMBLY |
| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT HC0032 Introduced , by Rep. Bill Mitchell - Ed Sullivan, Jr. - Tom Demmer - John M. Cabello - Pam Roth, et al. SYNOPSIS AS INTRODUCED: |
| | ILCON Art. IV, Sec. 5 | ILCON Art. IV, Sec. 11 | | ILCON Art. V, Sec. 21 | | ILCON Art. VIII, Sec. 2 |
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Proposes to amend the Legislature, Executive, and Finance Articles of the Illinois Constitution. Amends the Finance Article to provide that within 30 days of the enactment of the State budget for a fiscal year, the Auditor General must certify whether the enacted budget will be balanced with expenses not exceeding funds estimated by the General Assembly to be
available during that year. Provides that the Comptroller may find at any time during the fiscal year that the State budget has become unbalanced and so report to the Auditor General, which shall have 10 days to respond to this report. Provides that, if the Auditor General certifies that the budget is not balanced or agrees with the Comptroller's finding that the State budget has become unbalanced, then (i) the Comptroller shall stop all payments (other than payments affecting the public safety of the State, payments mandated by a court of law, and payments mandated by the federal government) and stop all payments for the salaries of General Assembly members and the Governor, Lieutenant
Governor, Attorney General, Secretary of State, Comptroller,
and Treasurer and (ii) a special session of the General Assembly shall be convened within 10 days to enact a new State budget. Provides that, upon certification that the new budget will be balanced, the Comptroller will be allowed to resume payments. Makes conforming amendments to the Legislature and Executive Articles. Effective upon being declared adopted.
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| 1 | | HOUSE JOINT RESOLUTION
| 2 | | CONSTITUTIONAL AMENDMENT
| 3 | | RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE | 4 | | NINETY-EIGHTH 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 Sections 5 and 11 of | 9 | | Article IV, Section 21 of Article V, and Section 2 of Article | 10 | | VIII of the Illinois Constitution as follows:
| 11 | | ARTICLE IV
| 12 | | THE LEGISLATURE
| 13 | | (ILCON Art. IV, Sec. 5)
| 14 | | SECTION 5. SESSIONS
| 15 | | (a) The General Assembly shall convene each year on the | 16 | | second
Wednesday of January. The General Assembly shall be a | 17 | | continuous body
during the term for which members of the House | 18 | | of Representatives are
elected.
| 19 | | (b) The Governor may convene the General Assembly or the | 20 | | Senate
alone in special session by a proclamation stating the | 21 | | purpose of the
session; and only business encompassed by such | 22 | | purpose, together with
any impeachments or confirmation of | 23 | | appointments shall be transacted.
Special sessions of the |
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| 1 | | General Assembly may also be convened by joint
proclamation of | 2 | | the presiding officers of both houses, issued as
provided by | 3 | | law or as provided in subsection (c) of Section 2 of Article | 4 | | VIII .
| 5 | | (c) Sessions of each house of the General Assembly and | 6 | | meetings of
committees, joint committees and legislative | 7 | | commissions shall be open
to the public. Sessions and committee | 8 | | meetings of a house may be closed
to the public if two-thirds | 9 | | of the members elected to that house
determine that the public | 10 | | interest so requires; and meetings of joint
committees and | 11 | | legislative commissions may be so closed if two-thirds of
the | 12 | | members elected to each house so determine.
| 13 | | (Source: Illinois Constitution.)
| 14 | | (ILCON Art. IV, Sec. 11)
| 15 | | SECTION 11. COMPENSATION AND ALLOWANCES
| 16 | | Except as otherwise provided in subsection (c) of Section 2 | 17 | | of Article VIII, a A member shall receive a salary and | 18 | | allowances as provided by law, but
changes in the salary of a | 19 | | member shall not take effect during the term
for which he has | 20 | | been elected.
| 21 | | (Source: Illinois Constitution.)
| 22 | | ARTICLE V
| 23 | | THE EXECUTIVE
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| 1 | | (ILCON Art. V, Sec. 21)
| 2 | | SECTION 21. COMPENSATION
| 3 | | Except as otherwise provided in subsection (c) of Section 2 | 4 | | of Article VIII, officers Officers of the Executive Branch | 5 | | shall be paid salaries established by
law and shall receive no | 6 | | other compensation for their services. Changes
in the salaries | 7 | | of these officers elected or appointed for stated terms
shall | 8 | | not take effect during the stated terms.
| 9 | | (Source: Illinois Constitution.)
| 10 | | ARTICLE VIII
| 11 | | FINANCE
| 12 | | (ILCON Art. VIII, Sec. 2)
| 13 | | SECTION 2. STATE FINANCE
| 14 | | (a) The Governor shall prepare and submit to the General | 15 | | Assembly, at
a time prescribed by law, a State budget for the | 16 | | ensuing fiscal year.
The budget shall set forth the estimated | 17 | | balance of funds available for
appropriation at the beginning | 18 | | of the fiscal year, the estimated
receipts, and a plan for | 19 | | expenditures and obligations during the fiscal
year of every | 20 | | department, authority, public corporation and quasi-public
| 21 | | corporation of the State, every State college and university, | 22 | | and every
other public agency created by the State, but not of | 23 | | units of local
government or school districts. The budget shall | 24 | | also set forth the
indebtedness and contingent liabilities of |
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| 1 | | the State and such other
information as may be required by law. | 2 | | Proposed expenditures shall not
exceed funds estimated to be | 3 | | available for the fiscal year as shown in
the budget.
| 4 | | (b) The General Assembly by law shall make appropriations | 5 | | for all
expenditures of public funds by the State. | 6 | | Appropriations for a fiscal
year shall not exceed funds | 7 | | estimated by the General Assembly to be
available during that | 8 | | year.
| 9 | | (c)(1) Within 30 days of the enactment of the law or laws | 10 | | comprising the State budget for a fiscal year, the Office of | 11 | | the Auditor General must certify whether the enacted budget | 12 | | will be balanced with expenses not exceeding funds estimated by | 13 | | the General Assembly to be
available during that year pursuant | 14 | | to subsection (b). If the Office of the Auditor General | 15 | | certifies that the budget is not balanced, then the Comptroller | 16 | | shall: | 17 | | (A) stop all payments other than: (i) payments | 18 | | affecting the public safety of the State; (ii) payments | 19 | | that are mandated by a court of law; and (iii) payments | 20 | | that are mandated by the federal government; and | 21 | | (B) stop all payments for the salaries of General | 22 | | Assembly members and the officers specified in Section 1 of | 23 | | Article V. | 24 | | (2) Within 10 days after the certification by the Office of | 25 | | the Auditor General that the budget is not balanced, the | 26 | | General Assembly must convene to address the State budget and |
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| 1 | | enact a new State budget. If a special session is not convened | 2 | | by the Governor or the General Assembly by proclamation by the | 3 | | tenth day, the declaration by the Office of the Auditor General | 4 | | under this paragraph (2) shall operate to convene the General | 5 | | Assembly in special session on the tenth day. Upon the | 6 | | enactment of the law or laws comprising the new State budget, | 7 | | the Office of the Auditor General must certify whether the new | 8 | | State budget will be balanced with expenses not exceeding | 9 | | expected revenue. Only when the Office of the Auditor General | 10 | | certifies that the new State budget will be balanced will the | 11 | | Comptroller be allowed to resume payments under subparagraphs | 12 | | (A) and (B) of paragraph (1). | 13 | | (3) If the Comptroller finds at any time during the fiscal | 14 | | year that the State budget has become unbalanced, the | 15 | | Comptroller shall so report to the Office of the Auditor | 16 | | General. The Office of the Auditor General shall have 10 days | 17 | | to respond to this report and, if the Office of the Auditor | 18 | | General agrees with the finding of the Comptroller that the | 19 | | State budget has become unbalanced, the Comptroller must stop | 20 | | payments as specified in paragraph (1) and the procedure in | 21 | | paragraph (2) must be followed to create a balanced budget for | 22 | | the remainder of the fiscal year. | 23 | | (Source: Illinois Constitution.)
| 24 | | SCHEDULE
| 25 | | This Constitutional Amendment takes effect upon being |
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| 1 | | declared adopted in accordance with Section 7 of the Illinois | 2 | | Constitutional Amendment Act.
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