Bill Text: IL SJRCA0009 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Proposes to amend the Legislature, Local Government, and Revenue Articles of the Illinois Constitution. Provides that on the date of a general election through the term of the then-current General Assembly, no bill shall become law without the concurrence of at least two-thirds of the members elected to each house. Effective upon being declared adopted.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [SJRCA0009 Detail]

Download: Illinois-2011-SJRCA0009-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 SENATE JOINT RESOLUTION CONSTITUTIONAL AMENDMENT SC0009 Introduced 2/9/2011, by Sen. Matt Murphy SYNOPSIS AS INTRODUCED:
ILCON Art. IV, Sec. 8
ILCON Art. IV, Sec. 9
ILCON Art. IV, Sec. 10
ILCON Art. VII, Sec. 6
ILCON Art. IX, Sec. 9
Proposes to amend the Legislature, Local Government, and Revenue Articles of the Illinois Constitution. Provides that on the date of a general election through the term of the then-current General Assembly, no bill shall become law without the concurrence of at least two-thirds of the members elected to each house. Effective upon being declared adopted.
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SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
RESOLVED, BY THE SENATE OF THE NINETY-SEVENTH GENERAL
ASSEMBLY OF THE STATE OF ILLINOIS, THE HOUSE OF REPRESENTATIVES
CONCURRING HEREIN, that there shall be submitted to the
electors of the State for adoption or rejection at the general
election next occurring at least 6 months after the adoption of
this resolution a proposition to change Sections 8, 9, and 10
of Article IV, Section 6 of Article VII, and Section 9 of
Article IX as follows:
ARTICLE IV
THE LEGISLATURE
(ILCON Art. IV, Sec. 8)
SECTION 8. PASSAGE OF BILLS
(a) The enacting clause of the laws of this State shall be:
"Be it enacted by the People of the State of Illinois,
represented in the General Assembly."
(b) The General Assembly shall enact laws only by bill.
Bills may originate in either house, but may be amended or
rejected by the other.
(c) No bill shall become a law without the concurrence of a
majority of the members elected to each house; except that on
the date of a general election through the term of the

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then-current General Assembly, no bill shall become law without
the concurrence of at least two-thirds of the members elected
to each house. Final passage of a bill shall be by record vote.
In the Senate at the request of two members, and in the House
at the request of five members, a record vote may be taken on
any other occasion. A record vote is a vote by yeas and nays
entered on the journal.
(d) A bill shall be read by title on three different days
in each house. A bill and each amendment thereto shall be
reproduced and placed on the desk of each member before final
passage.
Bills, except bills for appropriations and for the
codification, revision or rearrangement of laws, shall be
confined to one subject. Appropriation bills shall be limited
to the subject of appropriations.
A bill expressly amending a law shall set forth completely
the sections amended.
The Speaker of the House of Representatives and the
President of the Senate shall sign each bill that passes both
houses to certify that the procedural requirements for passage
have been met.
(Source: Illinois Constitution.)
(ILCON Art. IV, Sec. 9)
SECTION 9. VETO PROCEDURE
(a) Every bill passed by the General Assembly shall be

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presented to the Governor within 30 calendar days after its
passage. The foregoing requirement shall be judicially
enforceable. If the Governor approves the bill, he shall sign
it and it shall become law.
(b) If the Governor does not approve the bill, he shall
veto it by returning it with his objections to the house in
which it originated. Any bill not so returned by the Governor
within 60 calendar days after it is presented to him shall
become law. If recess or adjournment of the General Assembly
prevents the return of a bill, the bill and the Governor's
objections shall be filed with the Secretary of State within
such 60 calendar days. The Secretary of State shall return the
bill and objections to the originating house promptly upon the
next meeting of the same General Assembly at which the bill can
be considered.
(c) The house to which a bill is returned shall immediately
enter the Governor's objections upon its journal. If within 15
calendar days after such entry that house by a record vote of
three-fifths (at least two-thirds on the date of a general
election through the term of the then-current General Assembly)
of the members elected passes the bill, it shall be delivered
immediately to the second house. If within 15 calendar days
after such delivery the second house by a record vote of
three-fifths (at least two-thirds on the date of a general
election through the term of the then-current General Assembly)
of the members elected passes the bill, it shall become law.

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(d) The Governor may reduce or veto any item of
appropriations in a bill presented to him. Portions of a bill
not reduced or vetoed shall become law. An item vetoed shall be
returned to the house in which it originated and may become law
in the same manner as a vetoed bill. An item reduced in amount
shall be returned to the house in which it originated and may
be restored to its original amount in the same manner as a
vetoed bill except that the required record vote shall be a
majority (at least two-thirds on the date of a general election
through the term of the then-current General Assembly) of the
members elected to each house. If a reduced item is not so
restored, it shall become law in the reduced amount.
(e) The Governor may return a bill together with specific
recommendations for change to the house in which it originated.
The bill shall be considered in the same manner as a vetoed
bill but the specific recommendations may be accepted by a
record vote of a majority (at least two-thirds on the date of a
general election through the term of the then-current General
Assembly) of the members elected to each house. Such bill shall
be presented again to the Governor and if he certifies that
such acceptance conforms to his specific recommendations, the
bill shall become law. If he does not so certify, he shall
return it as a vetoed bill to the house in which it originated.
(Source: Illinois Constitution.)
(ILCON Art. IV, Sec. 10)

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SECTION 10. EFFECTIVE DATE OF LAWS
The General Assembly shall provide by law for a uniform
effective date for laws passed prior to June 1 of a calendar
year. The General Assembly may provide for a different
effective date in any law passed prior to June 1. A bill passed
after May 31 shall not become effective prior to June 1 of the
next calendar year unless the General Assembly by the vote of
three-fifths (at least two-thirds on the date of a general
election through the term of the then-current General Assembly)
of the members elected to each house provides for an earlier
effective date.
(Source: Amendment adopted at general election November 8,
1994.)
ARTICLE VII
LOCAL GOVERNMENT
(ILCON Art. VII, Sec. 6)
SECTION 6. POWERS OF HOME RULE UNITS
(a) A County which has a chief executive officer elected by
the electors of the county and any municipality which has a
population of more than 25,000 are home rule units. Other
municipalities may elect by referendum to become home rule
units. Except as limited by this Section, a home rule unit may
exercise any power and perform any function pertaining to its
government and affairs including, but not limited to, the power

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to regulate for the protection of the public health, safety,
morals and welfare; to license; to tax; and to incur debt.
(b) A home rule unit by referendum may elect not to be a
home rule unit.
(c) If a home rule county ordinance conflicts with an
ordinance of a municipality, the municipal ordinance shall
prevail within its jurisdiction.
(d) A home rule unit does not have the power (1) to incur
debt payable from ad valorem property tax receipts maturing
more than 40 years from the time it is incurred or (2) to
define and provide for the punishment of a felony.
(e) A home rule unit shall have only the power that the
General Assembly may provide by law (1) to punish by
imprisonment for more than six months or (2) to license for
revenue or impose taxes upon or measured by income or earnings
or upon occupations.
(f) A home rule unit shall have the power subject to
approval by referendum to adopt, alter or repeal a form of
government provided by law, except that the form of government
of Cook County shall be subject to the provisions of Section 3
of this Article. A home rule municipality shall have the power
to provide for its officers, their manner of selection and
terms of office only as approved by referendum or as otherwise
authorized by law. A home rule county shall have the power to
provide for its officers, their manner of selection and terms
of office in the manner set forth in Section 4 of this Article.

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(g) The General Assembly by a law approved by the vote of
three-fifths (at least two-thirds on the date of a general
election through the term of the then-current General Assembly)
of the members elected to each house may deny or limit the
power to tax and any other power or function of a home rule
unit not exercised or performed by the State other than a power
or function specified in subsection (l) of this section.
(h) The General Assembly may provide specifically by law
for the exclusive exercise by the State of any power or
function of a home rule unit other than a taxing power or a
power or function specified in subsection (l) of this Section.
(i) Home rule units may exercise and perform concurrently
with the State any power or function of a home rule unit to the
extent that the General Assembly by law does not specifically
limit the concurrent exercise or specifically declare the
State's exercise to be exclusive.
(j) The General Assembly may limit by law the amount of
debt which home rule counties may incur and may limit by law
approved by three-fifths (at least two-thirds on the date of a
general election through the term of the then-current General
Assembly) of the members elected to each house the amount of
debt, other than debt payable from ad valorem property tax
receipts, which home rule municipalities may incur.
(k) The General Assembly may limit by law the amount and
require referendum approval of debt to be incurred by home rule
municipalities, payable from ad valorem property tax receipts,

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only in excess of the following percentages of the assessed
value of its taxable property: (1) if its population is 500,000
or more, an aggregate of three percent; (2) if its population
is more than 25,000 and less than 500,000, an aggregate of one
percent; and (3) if its population is 25,000 or less, an
aggregate of one-half percent. Indebtedness which is
outstanding on the effective date of this Constitution or which
is thereafter approved by referendum or assumed from another
unit of local government shall not be included in the foregoing
percentage amounts.
(l) The General Assembly may not deny or limit the power of
home rule units (1) to make local improvements by special
assessment and to exercise this power jointly with other
counties and municipalities, and other classes of units of
local government having that power on the effective date of
this Constitution unless that power is subsequently denied by
law to any such other units of local government or (2) to levy
or impose additional taxes upon areas within their boundaries
in the manner provided by law for the provision of special
services to those areas and for the payment of debt incurred in
order to provide those special services.
(m) Powers and functions of home rule units shall be
construed liberally.
(Source: Illinois Constitution.)
ARTICLE IX

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REVENUE
(ILCON Art. IX, Sec. 9)
SECTION 9. STATE DEBT
(a) No State debt shall be incurred except as provided in
this Section. For the purpose of this Section, "State debt"
means bonds or other evidences of indebtedness which are
secured by the full faith and credit of the State or are
required to be repaid, directly or indirectly, from tax revenue
and which are incurred by the State, any department, authority,
public corporation or quasi-public corporation of the State,
any State college or university, or any other public agency
created by the State, but not by units of local government, or
school districts.
(b) State debt for specific purposes may be incurred or the
payment of State or other debt guaranteed in such amounts as
may be provided either in a law passed by the vote of
three-fifths (at least two-thirds on the date of a general
election through the term of the then-current General Assembly)
of the members elected to each house of the General Assembly or
in a law approved by a majority of the electors voting on the
question at the next general election following passage. Any
law providing for the incurring or guaranteeing of debt shall
set forth the specific purposes and the manner of repayment.
(c) State debt in anticipation of revenues to be collected
in a fiscal year may be incurred by law in an amount not

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exceeding 5% of the State's appropriations for that fiscal
year. Such debt shall be retired from the revenues realized in
that fiscal year.
(d) State debt may be incurred by law in an amount not
exceeding 15% of the State's appropriations for that fiscal
year to meet deficits caused by emergencies or failures of
revenue. Such law shall provide that the debt be repaid within
one year of the date it is incurred.
(e) State debt may be incurred by law to refund outstanding
State debt if the refunding debt matures within the term of the
outstanding State debt.
(f) The State, departments, authorities, public
corporations and quasi-public corporations of the State, the
State colleges and universities and other public agencies
created by the State, may issue bonds or other evidences of
indebtedness which are not secured by the full faith and credit
or tax revenue of the State nor required to be repaid, directly
or indirectly, from tax revenue, for such purposes and in such
amounts as may be authorized by law.
(Source: Illinois Constitution.)
SCHEDULE
This Constitutional Amendment takes effect upon being
declared adopted in accordance with Section 7 of the Illinois
Constitutional Amendment Act.