State of Illinois
90th General Assembly
Legislation

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90_SC0003

      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.
                                                     LRB9000663KRks
                                               LRB9000663KRks
 1                       SENATE JOINT RESOLUTION
 2                      CONSTITUTIONAL AMENDMENT
 3        RESOLVED, BY THE SENATE OF THE NINETIETH GENERAL ASSEMBLY
 4    OF THE  STATE  OF  ILLINOIS,  THE  HOUSE  OF  REPRESENTATIVES
 5    CONCURRING  HEREIN,  that  there  shall  be  submitted to the
 6    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-                LRB9000663KRks
 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-                LRB9000663KRks
 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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