96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0025


 
Introduced 2/26/2009, by Rep. David E. Miller
 
SYNOPSIS AS INTRODUCED:
 		




















ILCON Art. V, Sec. 6







    Proposes to amend the Executive Article of the Illinois Constitution. Provides that upon impeachment of the Governor by the House, the officer next in line of succession becomes Acting Governor until the Governor is acquitted or convicted by the Senate. Effective upon being declared adopted.
















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A BILL FOR









 











HC0025

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HOUSE JOINT RESOLUTION



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CONSTITUTIONAL AMENDMENT



 

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    RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE 
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NINETY-SIXTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE 
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SENATE CONCURRING HEREIN, that there shall be submitted to the 
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electors of the State for adoption or rejection at the general 
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election next occurring at least 6 months after the adoption of 
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this resolution a proposition to amend Section 6 of Article V 
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of the Illinois Constitution as follows:

 

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ARTICLE V 


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THE EXECUTIVE






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    (ILCON Art. V, Sec. 6)



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SECTION 6. GUBERNATORIAL SUCCESSION 

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    (a) In the event of a vacancy, the order of succession to 
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the office of
Governor or to the position of Acting Governor 
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shall be the Lieutenant
Governor, the elected Attorney General, 
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the elected Secretary of State,
and then as provided by law.

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    (b) If the Governor is unable to serve because of death, 
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conviction
on impeachment, failure to qualify, resignation or 
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other disability, the
office of Governor shall be filled by the 
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officer next in line of
succession for the remainder of the 
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term or until the disability is
removed.

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    (c) Whenever the Governor determines that he may be 
 


 






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seriously
impeded in the exercise of his powers, he shall so 
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notify the Secretary
of State and the officer next in line of 
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succession. The latter shall
thereafter become Acting Governor 
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with the duties and powers of
Governor. When the Governor is 
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prepared to resume office, he shall do so
by notifying the 
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Secretary of State and the Acting Governor.

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    (d) The General Assembly by law shall specify by whom and 
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by what
procedures the ability of the Governor to serve or to 
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resume office may
be questioned and determined. The Supreme 
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Court shall have original and
exclusive jurisdiction to review 
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such a law and any such determination
and, in the absence of 
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such a law, shall make the determination under
such rules as it 
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may adopt.

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    (e) Upon the impeachment of the Governor by the House of 
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Representatives, the officer next in line of succession shall 
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become Acting Governor with the duties and powers of Governor 
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until the Governor is acquitted or convicted by the Senate. 
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(Source: Illinois Constitution.)

 

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SCHEDULE


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