CON AMEND-MUNICIPAL HOME RULE

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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HOUSE JOINT RESOLUTION
CONSTITUTIONAL AMENDMENT
HC0022

Introduced 1/14/2026, by Rep. Anthony DeLuca

SYNOPSIS AS INTRODUCED:

ILCON Art. VII, Sec. 6

Proposes to amend the Local Government Article of the Illinois
Constitution. Provides that a municipality may become a home rule unit by
the affirmative vote of at least two-thirds of the corporate authorities
of the municipality (rather than by having a population of more than 25,000
or electing by referendum to become a home rule unit). Provides that a
municipality that is a home rule unit may elect not to be a home rule unit
by the affirmative vote of at least two-thirds of the corporate
authorities of the municipality (rather than by a referendum). Provides
that a municipality that is a home rule unit on January 1, 2027 shall
remain a home rule unit until the municipality elects not to be a home rule
unit. Effective upon being declared adopted in accordance with Section 7
of the Illinois Constitutional Amendment Act.
LRB104 15287 RTM 28441 e

HC0022
LRB104 15287 RTM 28441 e
1
HOUSE JOINT RESOLUTION
2
CONSTITUTIONAL AMENDMENT

3

RESOLVED, BY THE HOUSE OF REPRESENTATIVES OF THE ONE
4
HUNDRED FOURTH GENERAL ASSEMBLY OF THE STATE OF ILLINOIS, THE
5
SENATE CONCURRING HEREIN, that there shall be submitted to the
6
electors of the State for adoption or rejection at the general
7
election next occurring at least 6 months after the adoption
8
of this resolution a proposition to amend Article VII of the
9
Illinois Constitution by changing Section 6 as follows:

10
ARTICLE VII
11
LOCAL GOVERNMENT
12

(ILCON Art. VII, Sec. 6)
13
SECTION 6.
POWERS OF HOME RULE UNITS
14

(a) A County which has a chief executive officer elected
15
by the electors of the county
is a home rule unit. A
16
municipality may become a home rule unit by the affirmative
17
vote of at least two-thirds of the corporate authorities of
18
the municipality

and any municipality which has a population
19
of more than 25,000 are home rule units. Other municipalities
20
may elect by referendum to become home rule units
. Except as
21
limited by this Section, a home rule unit may exercise any
22
power and perform any function pertaining to its government
23
and affairs
,
including, but not limited to, the power to

HC0022
- 2 -
LRB104 15287 RTM 28441 e
1
regulate for the protection of the public health, safety,
2
morals and welfare; to license; to tax; and to incur debt.
3

(b) A
county that is a
home rule unit
by referendum
may
4
elect not to be a home rule unit
by referendum
.
A municipality
5
that is a home rule unit may elect not to be a home rule unit
6
by the affirmative vote of at least two-thirds of the
7
corporate authorities of the municipality. A municipality that
8
is a home rule unit on January 1, 2027 shall remain a home rule
9
unit until the municipality elects not to be a home rule unit.

10

(c) If a home rule county ordinance conflicts with an
11
ordinance of a municipality, the municipal ordinance shall
12
prevail within its jurisdiction.
13

(d) A home rule unit does not have the power (1) to incur
14
debt payable from ad valorem property tax receipts maturing
15
more than 40 years from the time it is incurred or (2) to
16
define and provide for the punishment of a felony.
17

(e) A home rule unit shall have only the power that the
18
General Assembly may provide by law (1) to punish by
19
imprisonment for more than six months or (2) to license for
20
revenue or impose taxes upon or measured by income or earnings
21
or upon occupations.
22

(f) A home rule unit shall have the power subject to
23
approval by referendum to adopt, alter or repeal a form of
24
government provided by law, except that the form of government
25
of Cook County shall be subject to the provisions of Section 3
26
of this Article. A home rule municipality shall have the power

HC0022
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LRB104 15287 RTM 28441 e
1
to provide for its officers, their manner of selection and
2
terms of office only as approved by referendum or as otherwise
3
authorized by law. A home rule county shall have the power to
4
provide for its officers, their manner of selection and terms
5
of office in the manner set forth in Section 4 of this Article.
6

(g) The General Assembly by a law approved by the vote of
7
three-fifths of the members elected to each house may deny or
8
limit the power to tax and any other power or function of a
9
home rule unit not exercised or performed by the State other
10
than a power or function specified in subsection (l) of this
11
section.
12

(h) The General Assembly may provide specifically by law
13
for the exclusive exercise by the State of any power or
14
function of a home rule unit other than a taxing power or a
15
power or function specified in subsection (l) of this Section.
16

(i) Home rule units may exercise and perform concurrently
17
with the State any power or function of a home rule unit to the
18
extent that the General Assembly by law does not specifically
19
limit the concurrent exercise or specifically declare the
20
State's exercise to be exclusive.
21

(j) The General Assembly may limit by law the amount of
22
debt which home rule counties may incur and may limit by law
23
approved by three-fifths of the members elected to each house
24
the amount of debt, other than debt payable from ad valorem
25
property tax receipts, which home rule municipalities may
26
incur.

HC0022
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LRB104 15287 RTM 28441 e
1

(k) The General Assembly may limit by law the amount and
2
require referendum approval of debt to be incurred by home
3
rule municipalities, payable from ad valorem property tax
4
receipts, only in excess of the following percentages of the
5
assessed value of its taxable property: (1) if its population
6
is 500,000 or more, an aggregate of three percent; (2) if its
7
population is more than 25,000 and less than 500,000, an
8
aggregate of one percent; and (3) if its population is 25,000
9
or less, an aggregate of one-half percent. Indebtedness which
10
is outstanding on the effective date of this Constitution or
11
which is thereafter approved by referendum or assumed from
12
another unit of local government shall not be included in the
13
foregoing percentage amounts.
14

(l) The General Assembly may not deny or limit the power of
15
home rule units (1) to make local improvements by special
16
assessment and to exercise this power jointly with other
17
counties and municipalities, and other classes of units of
18
local government having that power on the effective date of
19
this Constitution unless that power is subsequently denied by
20
law to any such other units of local government or (2) to levy
21
or impose additional taxes upon areas within their boundaries
22
in the manner provided by law for the provision of special
23
services to those areas and for the payment of debt incurred in
24
order to provide those special services.
25

(m) Powers and functions of home rule units shall be
26
construed liberally.

HC0022
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LRB104 15287 RTM 28441 e
1
(Source: Illinois Constitution
.)

2
SCHEDULE
3

This Constitutional Amendment takes effect upon being
4
declared adopted in accordance with Section 7 of the Illinois
5
Constitutional Amendment Act.

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