093_HB2510

 
                                     LRB093 04044 MKM 04083 b

 1        AN ACT in relation to municipalities.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4    Section 5. The Illinois Municipal Code is amended by changing
 5    Sections 8-2-9 and 8-3-1 as follows:

 6        (65 ILCS 5/8-2-9) (from Ch. 24, par. 8-2-9)
 7        Sec.  8-2-9.  In  municipalities  with  less than 500,000
 8    inhabitants,  the  corporate  authorities   shall   pass   an
 9    ordinance within the first quarter of each fiscal year, to be
10    termed the annual appropriation ordinance. In this ordinance,
11    the  corporate  authorities (i) may appropriate sums of money
12    deemed  necessary  to  defray  all  necessary  expenses   and
13    liabilities  of  the municipalities, including the amounts to
14    be deposited in the reserves provided  for  in  the  Illinois
15    Pension  Code and (ii) shall specify the objects and purposes
16    for which  these  appropriations  are  made  and  the  amount
17    appropriated  for  each  object or purpose. Among the objects
18    and purposes specified shall be the reserves provided for  in
19    the  Illinois  Pension Code. Except as otherwise provided, no
20    further appropriations shall be made at any other time within
21    the same fiscal year,  unless  a  proposition  to  make  each
22    additional  appropriation  has  been  first  sanctioned  by a
23    petition signed by electors  of  the  municipality  numbering
24    more  than 50% of the number of votes cast for the candidates
25    for  mayor  or  president  at  the  last  preceding   general
26    municipal election at which a mayor or president was elected,
27    by  a  petition  signed  by  them,  or by a majority of those
28    voting on the question  at  a  regular  election  or  at   an
29    emergency   referendum  authorized  in  accordance  with  the
30    general  election  law.  The  corporate  authorities  may  by
31    ordinance initiate the submission of the proposition.  During
 
                            -2-      LRB093 04044 MKM 04083 b
 1    any  fiscal year, the corporate authorities in municipalities
 2    subject  to   this   Section   may   adopt   a   supplemental
 3    appropriation  ordinance  in  an  amount not in excess of the
 4    aggregate  of  any  additional  revenue  available   to   the
 5    municipality, or estimated to be received by the municipality
 6    after  the adoption of the annual appropriation ordinance for
 7    that fiscal year, or from fund balances  available  when  the
 8    annual  appropriation ordinance was adopted but that were not
 9    appropriated at that time. The  provisions  of  this  Section
10    prohibiting   further   appropriations  without  sanction  by
11    petition  or  election  shall  not  be  applicable   to   the
12    supplemental   appropriation   for   that  fiscal  year.  The
13    corporate authorities at any time, however, by  a  two-thirds
14    vote  of  all  the  members  of  the body, may make transfers
15    within  any  department  or  other  separate  agency  of  the
16    municipal government of sums of money  appropriated  for  one
17    corporate  object  or  purpose to another corporate object or
18    purpose, but no appropriation for any object or purpose shall
19    thereby be reduced below an amount sufficient  to  cover  all
20    obligations   incurred   or   to   be  incurred  against  the
21    appropriation. Nothing in  this  Section  shall  deprive  the
22    corporate  authorities  of the power to provide for and cause
23    to be paid from the funds  of  the  municipality  any  charge
24    imposed   by   law   without  the  action  of  the  corporate
25    authorities, the payment of which is ordered by  a  court  of
26    competent jurisdiction.
27        At  least  10  days  before  the  adoption  of the annual
28    appropriation  ordinance,  the   corporate   authorities   of
29    municipalities  over  2,000  in  population  shall  make  the
30    proposed  appropriation  ordinance  or  a  formally  prepared
31    appropriation  or  budget  document  upon  which  the  annual
32    appropriation  ordinance will be based conveniently available
33    to public inspection. In addition, the corporate  authorities
34    shall  hold  at  least  one  public  hearing on that proposed
 
                            -3-      LRB093 04044 MKM 04083 b
 1    appropriation ordinance. Notice  of  this  hearing  shall  be
 2    given  publication in one or more newspapers published in the
 3    municipality  or,  if  there  is  none   published   in   the
 4    municipality,  in  a  newspaper  published  in the county and
 5    having general circulation in the municipality  at  least  10
 6    days  before the time of the public hearing. The notice shall
 7    state the time and place of the hearing and the  place  where
 8    copies  of  the  proposed appropriation ordinance or formally
 9    prepared appropriation or budget document will be  accessible
10    for  examination.  The  annual appropriation ordinance may be
11    adopted at the same meeting at which the  public  hearing  is
12    held or at any time after that public hearing.
13        After the public hearing and before final action is taken
14    on the appropriation ordinance, the corporate authorities may
15    revise,  alter,  increase, or decrease the items contained in
16    the ordinance.
17        Notwithstanding any above provision of this Section,  any
18    municipality  in  which Article 5 becomes effective after the
19    annual  appropriation  ordinance  has  been  passed  for  the
20    current fiscal year may amend the appropriation ordinance  in
21    any  manner  necessary  to  make Article 5 fully operative in
22    that municipality for that fiscal year. No amendment shall be
23    construed, however, to affect any tax levy made on the  basis
24    of the original appropriation ordinance.
25        This  Section  does not apply to municipalities operating
26    under special charters.
27    (Source: P.A. 86-1470; 87-365.)

28        (65 ILCS 5/8-3-1) (from Ch. 24, par. 8-3-1)
29        Sec. 8-3-1.   The  corporate  authorities  may  levy  and
30    collect  taxes  for corporate purposes. They shall do this in
31    the following manner:
32        On or before the last Tuesday in December in  each  year,
33    the corporate authorities shall ascertain the total amount of
 
                            -4-      LRB093 04044 MKM 04083 b
 1    appropriations  legally  made  or budgeted for and any amount
 2    deemed  necessary   to   defray   additional   expenses   and
 3    liabilities  for all corporate purposes to be provided for by
 4    the tax levy for the next fiscal year of that year. Then,  by
 5    an ordinance specifying the amount and purpose of the sums to
 6    be  levied  in detail in the manner authorized for the annual
 7    appropriation ordinance or budget of  the  municipality,  the
 8    purposes  for  which  the  appropriations,  budgeting or such
 9    additional amounts deemed necessary have been  made  and  the
10    amount   assignable   for   each  purpose  respectively,  the
11    corporate authorities shall levy upon all property subject to
12    taxation within the municipality as that property is assessed
13    and equalized for state and county purposes for  the  current
14    year.
15        A  certified  copy  of this ordinance shall be filed with
16    the county clerk of the proper county. He shall ascertain the
17    rate per cent which, upon the value of all  property  subject
18    to  taxation  within  the  municipality,  as that property is
19    assessed or equalized by  the  Department  of  Revenue,  will
20    produce  a  net  amount  of not less than the total amount so
21    directed to be levied. The county clerk shall extend this tax
22    in a separate column upon the books of the collector of state
23    and county taxes within the municipality.
24        However,  in  ascertaining   the   rate   per   cent   in
25    municipalities  having  a  population of 500,000 or more, the
26    county clerk shall not add to the amount of the tax so levied
27    for any purpose any amount to cover  the  loss  and  cost  of
28    collecting  the tax, except in the case of amounts levied for
29    the payment of bonded indebtedness, or interest thereon,  and
30    in  the  case  of  amounts levied for the purposes of pension
31    funds.
32        Where the corporate limits of a municipality  lie  partly
33    in  2  or  more  counties,  the  corporate  authorities shall
34    ascertain the total amount  of  all  taxable  property  lying
 
                            -5-      LRB093 04044 MKM 04083 b
 1    within  the  corporate  limits  of  that municipality in each
 2    county, as the property  is  assessed  or  equalized  by  the
 3    Department of Revenue for the current year, and shall certify
 4    the  amount  of  taxable  property in each county within that
 5    municipality under the  seal  of  the  municipality,  to  the
 6    county  clerk  of  the county where the seat of government of
 7    the  municipality  is  situated.  That  county  clerk   shall
 8    ascertain  the  rate per cent which, upon the total valuation
 9    of all property subject to taxation within that municipality,
10    ascertained as provided in this Section, will produce  a  net
11    amount  not less than the total amount directed to be levied.
12    As soon as that rate per  cent  is  ascertained,  that  clerk
13    shall  certify the rate per cent under his signature and seal
14    of office to the county clerk of each other county wherein  a
15    portion  of  that municipality is situated. A county clerk to
16    whom a rate per cent is certified shall extend the tax  in  a
17    separate  column upon the books of the collector of state and
18    county taxes for his  county  against  all  property  in  his
19    county within the limits of that municipality.
20        But  in  municipalities with 500,000 or more inhabitants,
21    the aggregate amount of taxes  so  levied  exclusive  of  the
22    amount  levied  for  the  payment  of bonded indebtedness, or
23    interest thereon, and  exclusive  of  taxes  levied  for  the
24    payment  of  judgments, for which a special tax is authorized
25    by law, and exclusive of the amounts levied for the  purposes
26    of   pension   funds,  working  cash  fund,  public  library,
27    municipal  tuberculosis  sanitarium,  the   propagation   and
28    preservation  of  community  trees,  and  exclusive  of taxes
29    levied pursuant to  Section  19  of  the  Illinois  Emergency
30    Services  and Disaster Agency Act of 1975 and for the general
31    assistance for needy persons lawfully resident therein, shall
32    not exceed the estimated amount of taxes  to  be  levied  for
33    each  year  for  the  purposes  specified  in  Sections 8-2-2
34    through 8-2-5 and  set  forth  in  its  annual  appropriation
 
                            -6-      LRB093 04044 MKM 04083 b
 1    ordinance  and  in  any  supplemental appropriation ordinance
 2    authorized by law for that year.
 3        In municipalities with less than 500,000 inhabitants, the
 4    aggregate amount  of  taxes  so  levied  for  any  one  year,
 5    exclusive  of  the  amount  levied  for the payment of bonded
 6    indebtedness, or interest thereon,  and  exclusive  of  taxes
 7    levied  pursuant  to Section 13 of the Illinois Civil Defense
 8    Act of 1951 and exclusive of taxes authorized by this Code or
 9    other Acts which by their  terms  provide  that  those  taxes
10    shall be in addition to taxes for general purposes authorized
11    under this Section, shall not exceed the rate of .25%, or the
12    rate  limit  in effect on July 1, 1967, whichever is greater,
13    and on a permanent basis, upon the aggregate valuation of all
14    property within the municipality subject to taxation therein,
15    as the property is equalized or assessed by the Department of
16    Revenue for the current year. However, if the maximum rate of
17    such municipality for general corporate purposes is less than
18    .20% on July 1, 1967, the corporate authorities may,  without
19    referendum,  increase  such  maximum rate not to exceed .25%;
20    but such maximum rate shall not be raised by more than 1/2 of
21    such increase in any one year.
22        However, if the corporate authorities of  a  municipality
23    with  less than 500,000 inhabitants desire to levy in any one
24    year more than .25%, or the rate limit in effect on  July  1,
25    1967, whichever is greater, and on a permanent basis, but not
26    more than .4375% for general corporate purposes, exclusive of
27    the  amount levied for the payment of bonded indebtedness, or
28    interest thereon, and exclusive of taxes authorized  by  this
29    Code  or  other  Acts which by their terms provide that those
30    taxes shall be in addition  to  taxes  for  general  purposes
31    authorized  under  this Section the corporate authorities, by
32    ordinance, stating the per  cent  so  desired,  may  order  a
33    proposition  for the additional amount to be submitted to the
34    electors of that municipality  at  any  election.  The  clerk
 
                            -7-      LRB093 04044 MKM 04083 b
 1    shall   certify   the  proposition  to  the  proper  election
 2    authority who shall submit the question to  the  electors  at
 3    such  election.  If  a  majority  of  the  votes  cast on the
 4    proposition  are in favor of the proposition,  the  corporate
 5    authorities  of  that  municipality  may  levy  annually  for
 6    general  corporate  purposes,  exclusive of the amount levied
 7    for the payment of bonded indebtedness, or interest  thereon,
 8    and  exclusive of taxes authorized by this Code or other Acts
 9    which by their terms provide that those taxes are in addition
10    to taxes for general purposes authorized under this Section a
11    tax in excess of .25%, or the rate in effect on July 1, 1967,
12    whichever is greater, and  on  a  permanent  basis,  but  not
13    exceeding the per cent mentioned in the proposition.
14        Any municipality voting after August 1, 1969, to increase
15    its rate limitation for general corporate purposes under this
16    Section  shall establish such increased rate limitation on an
17    ongoing basis unless otherwise changed by referendum.
18        In municipalities that are not home rule units, any funds
19    on hand at the end of the fiscal year, which  funds  are  not
20    pledged  for  or  allocated  to  a particular purpose, may by
21    action of the corporate authorities  be  transferred  to  the
22    capital  improvement  fund  and  accumulated therein, but the
23    total amount accumulated in such fund may not  exceed  3%  of
24    the  aggregate  assessed valuation of all taxable property in
25    the municipality.
26    (Source: P.A. 87-17.)

27        Section 99. Effective date.  This  Act  takes  effect  on
28    January 1, 2004.