Bill Text: IL HJRCA0011 | 2019-2020 | 101st General Assembly | Introduced


Bill Title: Proposes to amend the Legislature and Finance Articles of the Illinois Constitution. Amends the Finance Article to provide that if a balanced budget has not been passed by June 30 of each year, the offices of Speaker of the House of Representatives and President of the Senate become vacant, and shall continue to become vacant every 90 days after the vacancies are filled until the General Assembly passes a balanced budget. Provides that within 30 days of the enactment of the law or laws comprising the State budget for a fiscal year, the Office of the Auditor General must certify whether the enacted budget will be balanced with expenses not exceeding funds estimated by the General Assembly to be available during that year. Provides that if the Office of the Auditor General certifies that the budget is not balanced, then the offices of Speaker of the House of Representatives and President of the Senate shall become vacant upon filing notice of such certification with the Secretary of State. Amends the Legislative Article to provide that within 5 days after the vacancy of the offices of Speaker of the House of Representatives and President of the Senate, the Secretary of State shall convene the House of Representatives to elect from its membership a Speaker of the House of Representatives as presiding officer, and the Governor shall convene the Senate to elect from its membership a President of the Senate as presiding officer. Provides that only members who have not previously served as the Speaker of the House of Representatives or the President of the Senate shall be eligible for election. Makes conforming changes. Effective upon being declared adopted.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2019-01-22 - Referred to Rules Committee [HJRCA0011 Detail]

Download: Illinois-2019-HJRCA0011-Introduced.html


101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0011

Introduced , by Rep. Thomas M. Bennett

SYNOPSIS AS INTRODUCED:
ILCON Art. IV, Sec. 5
ILCON Art. IV, Sec. 6
ILCON Art. VIII, Sec. 2
ILCON Art. VIII, Sec. 3

Proposes to amend the Legislature and Finance Articles of the Illinois Constitution. Amends the Finance Article to provide that if a balanced budget has not been passed by June 30 of each year, the offices of Speaker of the House of Representatives and President of the Senate become vacant, and shall continue to become vacant every 90 days after the vacancies are filled until the General Assembly passes a balanced budget. Provides that within 30 days of the enactment of the law or laws comprising the State budget for a fiscal year, the Office of the Auditor General must certify whether the enacted budget will be balanced with expenses not exceeding funds estimated by the General Assembly to be available during that year. Provides that if the Office of the Auditor General certifies that the budget is not balanced, then the offices of Speaker of the House of Representatives and President of the Senate shall become vacant upon filing notice of such certification with the Secretary of State. Amends the Legislative Article to provide that within 5 days after the vacancy of the offices of Speaker of the House of Representatives and President of the Senate, the Secretary of State shall convene the House of Representatives to elect from its membership a Speaker of the House of Representatives as presiding officer, and the Governor shall convene the Senate to elect from its membership a President of the Senate as presiding officer. Provides that only members who have not previously served as the Speaker of the House of Representatives or the President of the Senate shall be eligible for election. Makes conforming changes. Effective upon being declared adopted.
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HC0011LRB101 04792 RJF 49801 e
1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT
3 RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
4HUNDRED FIRST GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5SENATE CONCURRING HEREIN, that there shall be submitted to the
6electors of the State for adoption or rejection at the general
7election next occurring at least 6 months after the adoption of
8this resolution a proposition to amend the Illinois
9Constitution by changing Sections 5 and 6 of Article IV, and
10Sections 2 and 3 of Article VIII as follows:
11
ARTICLE IV
12
THE LEGISLATURE
13 (ILCON Art. IV, Sec. 5)
14SECTION 5. SESSIONS
15 (a) The General Assembly shall convene each year on the
16second Wednesday of January. The General Assembly shall be a
17continuous body during the term for which members of the House
18of Representatives are elected.
19 (b) The Governor may convene the General Assembly or the
20Senate alone in special session by a proclamation stating the
21purpose of the session; and only business encompassed by such
22purpose, together with any impeachments or confirmation of
23appointments shall be transacted. Special sessions of the

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1General Assembly may also be convened by joint proclamation of
2the presiding officers of both houses, issued as provided by
3law or as provided in subsection (b-5) of Section 6 of this
4Article.
5 (c) Sessions of each house of the General Assembly and
6meetings of committees, joint committees and legislative
7commissions shall be open to the public. Sessions and committee
8meetings of a house may be closed to the public if two-thirds
9of the members elected to that house determine that the public
10interest so requires; and meetings of joint committees and
11legislative commissions may be so closed if two-thirds of the
12members elected to each house so determine.
13(Source: Illinois Constitution.)
14 (ILCON Art. IV, Sec. 6)
15SECTION 6. ORGANIZATION
16 (a) A majority of the members elected to each house
17constitutes a quorum.
18 (b) On the first day of the January session of the General
19Assembly in odd-numbered years, the Secretary of State shall
20convene the House of Representatives to elect from its
21membership a Speaker of the House of Representatives as
22presiding officer, and the Governor shall convene the Senate to
23elect from its membership a President of the Senate as
24presiding officer.
25 (b-5) Within 5 days after the vacancy of the offices of

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1Speaker of the House of Representatives and President of the
2Senate under subsection (a-5) of Section 2 of Article VIII, the
3Secretary of State shall convene the House of Representatives
4to elect from its membership a Speaker of the House of
5Representatives as presiding officer, and the Governor shall
6convene the Senate to elect from its membership a President of
7the Senate as presiding officer. Only members who have not
8previously served as the Speaker of the House of
9Representatives or the President of the Senate shall be
10eligible for election.
11 (c) For purposes of powers of appointment conferred by this
12Constitution, the Minority Leader of either house is a member
13of the numerically strongest political party other than the
14party to which the Speaker or the President belongs, as the
15case may be.
16 (d) Each house shall determine the rules of its
17proceedings, judge the elections, returns and qualifications
18of its members and choose its officers. No member shall be
19expelled by either house, except by a vote of two-thirds of the
20members elected to that house. A member may be expelled only
21once for the same offense. Each house may punish by
22imprisonment any person, not a member, guilty of disrespect to
23the house by disorderly or contemptuous behavior in its
24presence. Imprisonment shall not extend beyond twenty-four
25hours at one time unless the person persists in disorderly or
26contemptuous behavior.

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1(Source: Illinois Constitution.)
2
ARTICLE VIII
3
FINANCE
4 (ILCON Art. VIII, Sec. 2)
5SECTION 2. STATE FINANCE
6 (a) The Governor shall prepare and submit to the General
7Assembly, at a time prescribed by law, a State budget for the
8ensuing fiscal year. The budget shall set forth the estimated
9balance of funds available for appropriation at the beginning
10of the fiscal year, the estimated receipts, and a plan for
11expenditures and obligations during the fiscal year of every
12department, authority, public corporation and quasi-public
13corporation of the State, every State college and university,
14and every other public agency created by the State, but not of
15units of local government or school districts. The budget shall
16also set forth the indebtedness and contingent liabilities of
17the State and such other information as may be required by law.
18Proposed expenditures shall not exceed funds estimated to be
19available for the fiscal year as shown in the budget.
20 (a-5) If a balanced budget has not been passed by June 30
21of each year, the offices of Speaker of the House of
22Representatives and President of the Senate become vacant, as
23provided in subsection (c) of Section 3 of this Article, and
24shall continue to become vacant every 90 days after the

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1vacancies are filled until the General Assembly passes a
2balanced budget. Elections to fill the vacancies shall be held
3as provided in subsection (b-5) of Section 6 of Article IV.
4 (b) The General Assembly by law shall make appropriations
5for all expenditures of public funds by the State.
6Appropriations for a fiscal year shall not exceed funds
7estimated by the General Assembly to be available during that
8year.
9(Source: Illinois Constitution.)
10 (ILCON Art. VIII, Sec. 3)
11SECTION 3. STATE AUDIT AND AUDITOR GENERAL
12 (a) The General Assembly shall provide by law for the audit
13of the obligation, receipt and use of public funds of the
14State. The General Assembly, by a vote of three-fifths of the
15members elected to each house, shall appoint an Auditor General
16and may remove him for cause by a similar vote. The Auditor
17General shall serve for a term of ten years. His compensation
18shall be established by law and shall not be diminished, but
19may be increased, to take effect during his term.
20 (b) The Auditor General shall conduct the audit of public
21funds of the State. He shall make additional reports and
22investigations as directed by the General Assembly. He shall
23report his findings and recommendations to the General Assembly
24and to the Governor.
25 (c) Within 30 days of the enactment of the law or laws

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1comprising the State budget for a fiscal year, the Office of
2the Auditor General must certify whether the enacted budget
3will be balanced with expenses not exceeding funds estimated by
4the General Assembly to be available during that year pursuant
5to subsection (b) of Section 2 of this Article. If the Office
6of the Auditor General certifies that the budget is not
7balanced, then the offices of Speaker of the House of
8Representatives and President of the Senate shall become vacant
9upon filing notice of such certification with the Secretary of
10State.
11(Source: Illinois Constitution.)
12
SCHEDULE
13 This Constitutional Amendment takes effect upon being
14declared adopted in accordance with Section 7 of the Illinois
15Constitutional Amendment Act.
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