State of Illinois
90th General Assembly
Legislation

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90_HC0004

      ILCON Art. IV, Sec. 8
          Proposes to amend the Legislature Article of the Illinois
      Constitution concerning the passage of bills.  Provides  that
      after  November  5,  1998, no portion of a bill may require a
      unit  of  local  government  or  school  district  to  expend
      additional public revenue unless the State  appropriates  the
      required  additional  funds,  the  bill  passes by at least a
      three-fifths vote, the bill imposes a federal  law  that  the
      unit  of  local government or school district would otherwise
      be required to meet by federal law  or  imposes  a  State  or
      federal  court  order with no additional requirements imposed
      by the State, or the bill creates a criminal law  or  expands
      or  modifies  the application or enforcement of criminal law.
      Also  applies  to  administrative  rules,  regulations,   and
      actions  absent  express and specific authority by law.  Does
      not  apply  to  limits  on  the  ability  to  raise  revenue.
      Effective upon approval by the electors.
                                                     LRB9002516KDcc
                                               LRB9002516KDcc
 1                       HOUSE JOINT RESOLUTION
 2                      CONSTITUTIONAL AMENDMENT
 3        RESOLVED,  BY  THE  HOUSE  OF  REPRESENTATIVES   OF   THE
 4    NINETIETH  GENERAL  ASSEMBLY  OF  THE  STATE OF ILLINOIS, THE
 5    SENATE CONCURRING HEREIN, that there shall  be  submitted  to
 6    the  electors  of  the State for adoption or rejection at the
 7    general election next occurring at least 6 months  after  the
 8    adoption  of this resolution a proposition to amend Section 8
 9    of Article IV of the Illinois Constitution as follows:
10                             ARTICLE IV
11                           THE LEGISLATURE
12        (ILCON Art. IV, Sec. 8)
13    SECTION 8. PASSAGE OF BILLS
14        (a)  The enacting clause of the laws of this State  shall
15    be:  "Be  it  enacted by the People of the State of Illinois,
16    represented in the General Assembly."
17        (b)  The General Assembly shall enact laws only by  bill.
18    Bills  may  originate  in either house, but may be amended or
19    rejected by the other.
20        (c)  No bill shall become a law without  the  concurrence
21    of  a  majority  of  the members elected to each house. Final
22    passage of a bill shall be by record vote. In the  Senate  at
23    the  request  of two members, and in the House at the request
24    of five members, a record vote may  be  taken  on  any  other
25    occasion. A record vote is a vote by yeas and nays entered on
26    the journal.
27        (d)  A  bill  shall  be  read by title on three different
28    days in each house. A bill and each amendment  thereto  shall
29    be  reproduced  and  placed on the desk of each member before
30    final passage.
31        Bills,  except  bills  for  appropriations  and  for  the
32    codification, revision or rearrangement  of  laws,  shall  be
                            -2-                LRB9002516KDcc
 1    confined to one subject. Appropriation bills shall be limited
 2    to the subject of appropriations.
 3        A   bill   expressly  amending  a  law  shall  set  forth
 4    completely the sections amended.
 5        The Speaker of  the  House  of  Representatives  and  the
 6    President of the Senate shall sign each bill that passes both
 7    houses  to  certify  that  the  procedural  requirements  for
 8    passage have been met.
 9        (e)  After November 5, 1998, no portion of any bill shall
10    require  a  unit  of  local  government or school district to
11    establish,  expand,  modify,  or   increase   its   programs,
12    activities,  or  services in such a way as to necessitate the
13    expenditure of additional public revenue by a unit  of  local
14    government  or  school  district,  unless at least one of the
15    following applies:
16             (1)  the State appropriates additional funds to  the
17        unit  of  local  government or school district that fully
18        fund the additional expenditures necessary to  carry  out
19        the  requirement  for  each  year  the  requirement is in
20        effect;
21             (2)  the bill passes  with  the  concurrence  of  at
22        least three-fifths of the members elected to each house;
23             (3)  that  portion of the bill imposes a federal law
24        that the unit of  local  government  or  school  district
25        would  otherwise  be  required  to meet by federal law or
26        imposes  a  State  or  federal  court  order,   with   no
27        additional requirements imposed by the State; or
28             (4)  that  portion  of the bill creates, expands, or
29        modifies a specifically defined crime.
30        A law enacted after November 5, 1998 may not be the basis
31    for  administrative  rules,  restrictions,  or  actions  that
32    require a unit of local  government  or  school  district  to
33    establish,   expand,   modify,   or  increase  its  programs,
34    activities, or services in such a way as to  necessitate  the
                            -3-                LRB9002516KDcc
 1    expenditure  of  additional public revenue by a unit of local
 2    government or school district, unless the law authorizes  the
 3    rules,  regulations, or actions. This subsection (e) does not
 4    apply to any portion of a bill that limits or  regulates  the
 5    ability  of  a unit of local government or school district to
 6    raise revenue.
 7    (Source: Illinois Constitution.)
 8                              SCHEDULE
 9        This Constitutional Amendment takes effect upon  approval
10    by the electors of this State.

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