HC0011 103RD GENERAL ASSEMBLY

LRB103 30145 DTM 56569 e

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0011

Introduced 2/22/2023, by Rep. Dave Severin

SYNOPSIS AS INTRODUCED:

ILCON Art. IV, Sec. 9

ILCON Art. IX, Sec. 1

Proposes to amend the Legislature and Revenue Articles of the Illinois Constitution. Provides that the General Assembly may increase the rate of an existing tax or impose a new tax only by a law approved by the vote of two-thirds of the members elected to each house. Provides that the General Assembly may override the veto of the Governor of a bill to increase the rate of an existing tax or impose a new tax only by a record vote of two-thirds of the members elected to each house. Effective upon being declared adopted.

HOUSE JOINT RESOLUTION

CONSTITUTIONAL AMENDMENT

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE HUNDRED THIRD GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE SENATE 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 amend Section 9 of Article IV and Section 1 of Article IX of the Illinois Constitution as follows:

ARTICLE IV

THE LEGISLATURE

(ILCON Art. IV, Sec. 9)

SECTION 9. VETO PROCEDURE

(a) Every bill passed by the General Assembly shall be 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) Except as otherwise provided in subsection (c-5), the 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 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 of the members elected passes the bill, it shall become law.

(c-5) The house to which a bill that increases the rate of an existing tax or imposes a new tax 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 two-thirds 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 two-thirds of the members elected passes the bill, it shall become law.

(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 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 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.)

ARTICLE IX

REVENUE

(ILCON Art. IX, Sec. 1)

SECTION 1. STATE REVENUE POWER

(a) The General Assembly has the exclusive power to raise revenue by law except as limited or otherwise provided in this Constitution. The power of taxation shall not be surrendered, suspended, or contracted away.

(b) The General Assembly may increase the rate of an existing tax or impose a new tax only by a law approved by the vote of two-thirds of the members elected to each house.

(Source: Illinois Constitution.)

SCHEDULE

This Constitutional Amendment takes effect upon being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.