SC0039 97TH GENERAL ASSEMBLY

LRB097 14130 HLH 58822 e

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SENATE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
SC0039

Introduced 11/8/2011, by Sen. Kyle McCarter

SYNOPSIS AS INTRODUCED:

ILCON Art. IV, Sec. 8.1

ILCON Art. VIII, Sec. 2

Proposes to amend the Legislature Article of the Illinois Constitution concerning the passage of revenue bills. A bill that would result in the increase of revenue may become law only with the concurrence of two-thirds of the members elected to each house of the General Assembly. Proposes to amend the Finance Article of the Illinois Constitution concerning the State budget. Provides that the rate of growth in total State expenditures in any fiscal year over the prior fiscal year is limited to: (i) the percentage increase in the annual rate of increase, for the previous calendar year, of the Consumer Price Index; plus (ii) the rate of increase in the State's population for the same 12-month period. Requires the State to maintain a reserve fund equal to 3% of the enacted budget for the prior fiscal year. Effective on being declared adopted in accordance with Section 7 of the Illinois Constitutional Amendment Act.

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 add Section 8.1 to Article IV of the Illinois Constitution and to amend Section 2 of Article VIII of the Illinois Constitution as follows:

ARTICLE IV

THE LEGISLATURE

(ILCON Art. IV, Sec. 8.1)

SECTION 8.1. PASSAGE OF REVENUE BILLS

Notwithstanding the provisions of Section 8 of this Article IV, a bill that would result in the increase of revenue may become law only with the concurrence of two-thirds of the members elected to each house of the General Assembly. An increase of revenue includes, without limitation, the imposition of new taxes, an increase in the rate of an existing tax, a change in a definition that results in an expansion of a tax base, a deduction or elimination of any preferential or exempt status, or the reduction or elimination of any credit, exemption, or deduction.

ARTICLE VIII

FINANCE

(ILCON Art. VIII, Sec. 2)

SECTION 2. STATE FINANCE

(a) The Governor shall prepare and submit to the General Assembly, at a time prescribed by law, a State budget for the ensuing fiscal year. The budget shall set forth the estimated balance of funds available for appropriation at the beginning of the fiscal year, the estimated receipts, and a plan for expenditures and obligations during the fiscal year of every department, authority, public corporation and quasi-public corporation of the State, every State college and university, and every other public agency created by the State, but not of units of local government or school districts. The budget shall also set forth the indebtedness and contingent liabilities of the State and such other information as may be required by law. Proposed expenditures shall not exceed funds estimated to be available for the fiscal year as shown in the budget.

(b) The General Assembly by law shall make appropriations for all expenditures of public funds by the State. Appropriations for a fiscal year shall not exceed funds estimated by the General Assembly to be available during that year.

(c) The rate of growth in total State expenditures in any fiscal year over the prior fiscal year is limited to: (i) the percentage increase in the annual rate of increase, for the previous calendar year, of the Consumer Price Index for All Urban Consumers for all items, published by the United States Bureau of Labor Statistics; plus (ii) the percentage increase in the State's population for the same 12-month period. Population growth must be determined by annual federal census estimates and must be adjusted every decade to match the federal decennial census.

(d) The State shall maintain a reserve fund equal to 3% of the enacted budget for the prior fiscal year.

(Source: Illinois Constitution.)

SCHEDULE

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