ART. II, SECTION 1. SEPARATION OF POWERS
Tuesday, April 8th, 2008The legislative, executive and judicial branches are separate. No branch shall exercise powers properly belonging to another.
Archive for the ‘Article 2 - State and Local Government’ Category
ART. II, SECTION 2. MUNICIPALITIES AND UNITS OF LOCAL GOVERNMENT
Tuesday, April 8th, 2008“Municipalities” means cities, villages and incorporated towns. “Units of local government” means counties, municipalities, townships, special districts, and units, designated as units of local government by law, which exercise limited governmental powers or powers in respect to limited governmental subjects, and does include school districts.
ART. II, SECTION 3. COUNTY TERRITORY, BOUNDARIES AND SEATS
Tuesday, April 8th, 2008(a) The General Assembly shall provide by law for the formation, consolidation, merger, division, and dissolution of counties, and for the transfer of territory between counties.
(b) County boundaries shall not be changed unless approved by referendum in each county affected.
(c) County seats shall not be changed unless approved by three-fifths of those voting on the question in a county-wide referendum.
(d) Counties may not be drawn that contain populations larger than 1,000,000 people. Once a county has a population that grows beyond 1,100,000, the County Clerk will draw computer generated maps that divides the county into two with roughly equal populations within 20% however, the County Clerk shall respect the boundaries of villages, towns, and cities and shall not divide them such that part is in one county and part in another. A city with a population of over 1,000,000 people shall have the powers of a county and may merge the city officials with the respective county offices as provided by ordinance and the requirements of this article.
(e) Any county that has a population over 1,100,000 after the ratification of this constitution has until the next general election for Governor or 2 years, whichever is larger, to redraw their maps to be in accordance with paragraph (d) and submit these maps to the voters in a county-wide referendum as provided in paragraph (b).
ART. II, SECTION 4. COUNTY BOARDS
Tuesday, April 8th, 2008(a) A county board shall be elected in each county. The number of members of the county board shall be fixed by ordinance in each county within limitations provided by law. The districts in which members of the county board are elected shall be fixed by ordinance in each county within limitations provided by law and this Constitution.
(b) The General Assembly by law shall provide methods available to all counties for the election of county board members. No county may change its method of electing board members except as approved by county-wide referendum.
ART. II, SECTION 5. COUNTY OFFICERS
Tuesday, April 8th, 2008(a) Any county may elect a chief executive officer as provided by law. He shall have those duties and powers provided by law and those provided by county ordinance.
(b) Each county shall elect a sheriff, county clerk and treasurer and may elect or appoint a coroner, recorder, assessor, auditor and such other officers as provided by law or by county ordinance. Except as changed pursuant to this Section, elected county officers shall be elected for terms of four years at general elections as provided by law. Any office may be created or eliminated and the terms of office and manner of selection changed by county-wide referendum. Offices other than sheriff, county clerk and treasurer may be eliminated and the terms of office and manner of selection changed by law. Offices other than sheriff, county clerk, treasurer, coroner, recorder, assessor and auditor may be eliminated and the terms of office and manner of selection changed by county ordinance.
(c) County officers shall have those duties, powers and functions provided by law and those provided by county ordinance. County officers shall have the duties, powers or functions derived from common law or historical precedent unless altered by law or county ordinance.
(d) The county treasurer or the person designated to perform his functions may act as treasurer of any unit of local government and any school district in his county when requested by any such unit or school district and shall so act when required to do so by law.
ART. II, SECTION 6. TOWNSHIPS ARE ABOLISHED
Tuesday, April 8th, 2008The governmental unit formerly known as the township shall be abolished and its functions shall be assumed by municipalities or county governments as the General Assembly shall assign by law. Any political organizations that are organized on township lines shall be reorganized as provided by law or ordinance.
ART. II, SECTION 7. HOME RULE
Tuesday, April 8th, 2008The special privileges of “home rule” enjoyed by various local units of government are nullified as of the next general election after this Constitution’s ratification. Any governmental unit may become “home rule” by referenda of the people affected initiated either by the governmental body or the people in question. Such a referendum must include a constitution or charter which established which of the “home rule” powers the body does or does not have and how they may be used. A later referenda initiated by the people or the governmental body itself may add, remove, change any or all of the “home rule” powers a government body has. The requirements for a citizen-initiated referendum on home rule powers shall be the same as those specified in Section 13 of this Article.
ART. II, SECTION 8. POWERS OF HOME RULE UNITS
Tuesday, April 8th, 2008(a) A County which has a chief executive officer elected by the electors of the county and any municipality which has a population of more than 25,000 are home rule units. Other municipalities may elect by referendum to become home rule units. Except as limited by this Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs including, but not limited to, the power to regulate for the protection of the public health, safety, morals and welfare; to license; to tax; and to incur debt.
(b) A home rule unit by referendum may elect not to be a home rule unit.
(c) If a home rule county ordinance conflicts with an ordinance of a municipality, the municipal ordinance shall prevail within its jurisdiction.
(d) A home rule unit does not have the power (1) to incur debt payable from ad valorem property tax receipts maturing more than 40 years from the time it is incurred or (2) to define and provide for the punishment of a felony.
(e) A home rule unit shall have only the power that the General Assembly may provide by law (1) to punish by imprisonment for more than six months or (2) to license for revenue or impose taxes upon or measured by income or earnings or upon occupations.
(f) A home rule unit shall have the power subject to approval by referendum to adopt, alter or repeal a form of government provided by law. A home rule municipality shall have the power to provide for its officers, their manner of selection and terms of office only as approved by referendum or as otherwise authorized by law. A home rule county shall have the power to provide for its officers, their manner of selection and terms of office in the manner set forth in Section 4 of this Article.
(g) The General Assembly by a law approved by the vote of three-fifths of the members elected to each house may deny or limit the power to tax and any other power or function of a home rule unit not exercised or performed by the State other than a power or function specified in subsection (l) of this section.
(h) The General Assembly may provide specifically by law for the exclusive exercise by the State of any power or function of a home rule unit other than a taxing power or a power or function specified in subsection (l) of this Section.
(i) Home rule units may exercise and perform concurrently with the State any power or function of a home rule unit to the extent that the General Assembly by law does not specifically limit the concurrent exercise or specifically declare the State’s exercise to be exclusive.
(j) The General Assembly may limit by law the amount of debt which home rule counties may incur and may limit by law approved by three-fifths of the members elected to each house the amount of debt, other than debt payable from ad valorem property tax receipts, which home rule municipalities may incur.
(k) The General Assembly may limit by law the amount and require referendum approval of debt to be incurred by home rule municipalities, payable from ad valorem property tax receipts, only in excess of the following percentages of the assessed value of its taxable property: (1) if its population is 500,000 or more, an aggregate of three percent; (2) if its population is more than 25,000 and less than 500,000, an aggregate of one percent; and (3) if its population is 25,000 or less, an aggregate of one-half percent. Indebtedness which is outstanding on the effective date of this Constitution or which is thereafter approved by referendum or assumed from another unit of local government shall not be included in the foregoing percentage amounts.
(l) The General Assembly may not deny or limit the power of home rule units (1) to make local improvements by special assessment and to exercise this power jointly with other counties and municipalities, and other classes of units of local government having that power on the effective date of this Constitution unless that power is subsequently denied by law to any such other units of local government or (2) to levy or impose additional taxes upon areas within their boundaries in the manner provided by law for the provision of special services to those areas and for the payment of debt incurred in order to provide those special services.
ART. II, SECTION 9. REDISTRICTING OF SUBDIVISIONS OF UNITS OF LOCAL GOVERNMENT AND SCHOOL BOARDS
Tuesday, April 8th, 2008(a) Districts, wards or other subdivisions (hereafter referred to as “districts”) of units of local government and school boards shall be compact, contiguous and substantially equal in population. All divisions, where possible, shall respect boundaries of cities and residential subdivisions.
(b) On August 1st, in the year following each Federal decennial census year (or within 6 months of a special census) the County Clerk for the division involved, or for units of local government that have territory in multiple counties, the County Clerk for the segment which contains the largest share of the population of the unit of local government (in cooperation with the other County Clerks of the other counties), shall redistrict by using a computer program or other automated system.
(c) The following factors shall be taken into consideration in drawing districts: population equality, contiguity, unity of cities and residential subdivisions, and compactness. The following factors shall be explicitly prohibited from being used in drawing districts: voting patterns, party affiliation of voters, party of incumbent or current office-holder, and campaign contributions of voters.
(d) One year prior to any redistricting, the County Clerk shall publish the source code of the computer program or automated method that will be used for redistricting. If no open-source option is available for the task, the source code shall be audited by no less than two independent auditing firms capable of the task to ensure the program complies with the requirements of this section. The results of the audit shall be made public one-year prior to any redistricting.
(e) The County Clerk will ensure that no less than two public hearings be held in which public hearing may be given on the proposed maps.
(f) By October 1st, the unit of local government and/or school board shall vote on the proposed maps. The unit of local government and/or school board shall have no power to change any districts. Unless opposed by two-thirds of the voting members of the unit of local government and/or school board, the maps shall become binding. If two-thirds of the voting members oppose the maps, the County Clerk shall create new computer-generated maps to be voted on within three months.
(g) If any map is declared unconstitutional or in violation of the federal Voting Rights Act, the County Clerk shall generate new computer-generated maps to be voted on within three months of a final ruling.
ART. II, SECTION 10. POWERS AND OFFICERS OF UNITS OF LOCAL GOVERNMENT OTHER THAN COUNTIES AND MUNICIPALITIES
Tuesday, April 8th, 2008School districts, special districts and units, designated by law as units of local government, which exercise limited governmental powers or powers in respect to limited governmental subjects shall have only powers granted by law. No law shall grant the power (1) to any of the foregoing units to incur debt payable from ad valorem property tax receipts maturing more than 40 years from the time it is incurred, or (2) to make improvements by special assessments to any of the foregoing classes of units which do not have that power on the effective date of this Constitution. The General Assembly shall provide by law for the selection of officers of the foregoing units, but the officers shall not be appointed by any person in the Judicial Branch.
ART. II, SECTION 11. SALARIES AND FEES
Tuesday, April 8th, 2008(a) Compensation of officers and employees and the office expenses of units of local government shall not be paid from fees collected. Fees may be collected as provided by law and by ordinance and shall be deposited upon receipt with the treasurer of the unit. Fees shall not be based upon funds disbursed or collected, nor upon the levy or extension of taxes.
(b) An increase or decrease in the salary of an elected officer of any unit of local government shall not take effect during the term for which that officer is elected.
ART. II, SECTION 12. INTERGOVERNMENTAL COOPERATION
Tuesday, April 8th, 2008(a) Units of local government and school districts may contract or otherwise associate among themselves, with the State, with other states and their units of local government and school districts, and with the United States to obtain or share services and to exercise, combine, or transfer any power or function, in any manner not prohibited by law or by ordinance. Units of local government and school districts may contract and otherwise associate with individuals, associations, and corporations in any manner not prohibited by law or by ordinance. Participating units of government may use their credit, revenues, and other resources to pay costs and to service debt related to intergovernmental activities.
(b) Officers and employees of units of local government and school districts may participate in intergovernmental activities authorized by their units of government without relinquishing their offices or positions.
(c) The State shall encourage intergovernmental cooperation and use its technical and financial resources to assist intergovernmental activities.
ART. II, SECTION 13. INITIATIVE AND REFERENDUM
Tuesday, April 8th, 2008(a) Proposals for actions which are authorized by this Article or by law and which require approval by referendum may be initiated and submitted to the electors by resolution of the governing board of a unit of local government or by petition of electors in the manner provided by law.
(b) Referenda required by this Article shall be held at general elections, except as otherwise provided by law. Questions submitted to referendum shall be adopted if approved by a majority of those voting on the question unless a different requirement is specified in this Article.
(c) Referenda may be placed on the ballot upon petition of 5% of the number of voters who voted in the last general election for governor in the region affected by the question. For state-wide questions, a petition must be gathered containing 5% of the number of voters who voted in the last general election for governor in 5 different counties. If such a question garners a majority of affirmative votes in an election, it shall be binding upon the government and citizens and shall not be overturned except in the case of conflict with this constitution or a future referendum.
(d) Any referenda question placed on the ballot most also include an estimate of the cost of implementation on an annual basis. This cost shall be determined by the Secretary of State for statewide questions or for local ordinances the estimate shall be determined by the governing body in question. The basis for the estimate must be published a reasonable time before the election and may be challenged in a court of law in the event the estimate is frivolous, absurd or unreasonable.
ART. II, SECTION 14. IMPLEMENTATION OF GOVERNMENTAL CHANGES
Tuesday, April 8th, 2008The General Assembly shall provide by law for the transfer of assets, powers and functions, and for the payment of outstanding debt in connection with the formation, consolidation, merger, division, dissolution and change in the boundaries of units of local government. In any cases of annexation, formation, consolidation, merger, division or dissolution of units of local government, such change may only take place upon a referendum on such a question garnering a majority vote of the qualified voters in the election. Such a referendum may only be placed on the ballot during a general election for either the officer of Governor of the State of Illinois or the President of the United States.
ART. II, SECTION 15. GOAL - FREE SCHOOLS
Tuesday, April 8th, 2008A fundamental goal of the People of the State is the educational development of all persons to the limits of their capacities. The State shall provide for an efficient system of high quality public educational institutions and services. Education in public schools through the secondary level shall be free. There may be such other free education as the General Assembly provides by law. The State has the primary responsibility for financing the system of public education while respecting local control of the schools.
ART. II, SECTION 16. STATE BOARD OF EDUCATION - CHIEF STATE EDUCATIONAL OFFICER
Tuesday, April 8th, 2008(a) There is created a State Board of Education to be elected or selected on a regional basis. The number of members, their qualifications, terms of office and manner of election or selection shall be provided by law. The Board, except as limited by law, may establish goals, determine policies, provide for planning and evaluating education programs and recommend financing. The Board shall have such other duties and powers as provided by law.
(b) The State Board of Education shall appoint a chief state educational officer. The chief state educational officer shall present a budget each year to the General Assembly that will include state funding of schools through the primary level.
(c) The State Board of Education shall have responsibility for providing state funds as appropriated by the General Assembly to schools through the secondary level and will have the duty to meet the state’s requirement to fund the school system in Section 15 of this article.
ART. II, SECTION 17. TERM LIMITS
Monday, April 7th, 2008Any elected office established under this article for a unit of local government or a school board shall be subject to term limits. No person may serve for more than 2 terms of a maximum of 4 years. Any person appointed to a governing or oversight body created by a unit of local government shall be limited to serving a maximum of 2 terms of not more than 4 years in length.