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 - Dead) 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.
LRB101 04792 RJF 49801 e
HC0011 LRB101 04792 RJF 49801 e
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
HUNDRED FIRST 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 the Illinois
Constitution by changing Sections 5 and 6 of Article IV, and
Sections 2 and 3 of Article VIII as follows:
ARTICLE IV
THE LEGISLATURE
(ILCON Art. IV, Sec. 5)
SECTION 5. SESSIONS
(a) The General Assembly shall convene each year on the
second Wednesday of January. The General Assembly shall be a
continuous body during the term for which members of the House
of Representatives are elected.
(b) The Governor may convene the General Assembly or the
Senate alone in special session by a proclamation stating the
purpose of the session; and only business encompassed by such
purpose, together with any impeachments or confirmation of
appointments shall be transacted. Special sessions of the

HC0011 - 2 - LRB101 04792 RJF 49801 e
General Assembly may also be convened by joint proclamation of
the presiding officers of both houses, issued as provided by
law or as provided in subsection (b-5) of Section 6 of this
Article.
(c) Sessions of each house of the General Assembly and
meetings of committees, joint committees and legislative
commissions shall be open to the public. Sessions and committee
meetings of a house may be closed to the public if two-thirds
of the members elected to that house determine that the public
interest so requires; and meetings of joint committees and
legislative commissions may be so closed if two-thirds of the
members elected to each house so determine.
(Source: Illinois Constitution.)
(ILCON Art. IV, Sec. 6)
SECTION 6. ORGANIZATION
(a) A majority of the members elected to each house
constitutes a quorum.
(b) On the first day of the January session of the General
Assembly in odd-numbered years, 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.
(b-5) Within 5 days after the vacancy of the offices of

HC0011 - 3 - LRB101 04792 RJF 49801 e
Speaker of the House of Representatives and President of the
Senate under subsection (a-5) of Section 2 of Article VIII, 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. 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.
(c) For purposes of powers of appointment conferred by this
Constitution, the Minority Leader of either house is a member
of the numerically strongest political party other than the
party to which the Speaker or the President belongs, as the
case may be.
(d) Each house shall determine the rules of its
proceedings, judge the elections, returns and qualifications
of its members and choose its officers. No member shall be
expelled by either house, except by a vote of two-thirds of the
members elected to that house. A member may be expelled only
once for the same offense. Each house may punish by
imprisonment any person, not a member, guilty of disrespect to
the house by disorderly or contemptuous behavior in its
presence. Imprisonment shall not extend beyond twenty-four
hours at one time unless the person persists in disorderly or
contemptuous behavior.

HC0011 - 4 - LRB101 04792 RJF 49801 e
(Source: Illinois Constitution.)
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.
(a-5) 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, as
provided in subsection (c) of Section 3 of this Article, and
shall continue to become vacant every 90 days after the

HC0011 - 5 - LRB101 04792 RJF 49801 e
vacancies are filled until the General Assembly passes a
balanced budget. Elections to fill the vacancies shall be held
as provided in subsection (b-5) of Section 6 of Article IV.
(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.
(Source: Illinois Constitution.)
(ILCON Art. VIII, Sec. 3)
SECTION 3. STATE AUDIT AND AUDITOR GENERAL
(a) The General Assembly shall provide by law for the audit
of the obligation, receipt and use of public funds of the
State. The General Assembly, by a vote of three-fifths of the
members elected to each house, shall appoint an Auditor General
and may remove him for cause by a similar vote. The Auditor
General shall serve for a term of ten years. His compensation
shall be established by law and shall not be diminished, but
may be increased, to take effect during his term.
(b) The Auditor General shall conduct the audit of public
funds of the State. He shall make additional reports and
investigations as directed by the General Assembly. He shall
report his findings and recommendations to the General Assembly
and to the Governor.
(c) Within 30 days of the enactment of the law or laws

HC0011 - 6 - LRB101 04792 RJF 49801 e
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 pursuant
to subsection (b) of Section 2 of this Article. 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.
(Source: Illinois Constitution.)
SCHEDULE
This Constitutional Amendment takes effect upon being
declared adopted in accordance with Section 7 of the Illinois
Constitutional Amendment Act.