93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB2410


 
Introduced 2/3/2004, by Terry Link
 
SYNOPSIS AS INTRODUCED:
 		













65 ILCS 5/3.1-40-40
  from Ch. 24, par. 3.1-40-40







    Amends the Illinois Municipal Code. Provides that where a city council
consists
of an odd number of aldermen, the vote of the majority of the aldermen shall
be
sufficient to pass any resolution or motion (i) to create any liability against
a city
or (ii) for the expenditure or appropriation of its money (now, requires the
vote of a majority of the city council, including the mayor).



















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A BILL FOR









 














SB2410

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    AN ACT concerning municipalities. 

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


 
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    Section 5. The Illinois Municipal Code is amended by 
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changing Section
3.1-40-40 as
follows:


 
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    (65 ILCS 5/3.1-40-40)  (from Ch. 24, par. 3.1-40-40)

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    Sec. 3.1-40-40. Vote required.   The passage of all 
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ordinances for
whatever purpose, and of
any resolution or 
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motion (i) to create any liability against a city or (ii)
for 
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the expenditure or appropriation of its money shall require the

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concurrence of a majority of all members then holding office on 
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the city
council, including the mayor, unless otherwise 
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expressly provided by this
Code or any other Act governing the 
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passage of any ordinance, resolution,
or motion.  Where the 
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council consists of an odd number of
aldermen, however, the 
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vote of the majority of the aldermen shall be sufficient
to

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pass an ordinance
and shall be sufficient to pass any 
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resolution or
motion (i)
to create any liability against a city 
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or (ii) for the expenditure or
appropriation of
a city's money. 
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The passage of an ordinance, resolution, or motion to
sell any 
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school property shall require the concurrence of three-fourths 
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of
all aldermen then holding office. The yeas and nays shall be 
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taken upon the
question of the passage of the designated 
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ordinances, resolutions, or
motions and recorded in the journal 
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of the city council. In addition, the
corporate authorities at 
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any meeting may by unanimous consent take a single
vote by yeas 
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and nays on the several questions of the passage of any 2 or

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more of the designated ordinances, orders, resolutions, or 
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motions placed
together for voting purposes in a single group.  
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The single vote shall
be entered separately in the journal

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under the designation "omnibus vote", and in that event the 
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clerk may enter
the words "omnibus vote" or "consent agenda" in 
 


 









SB2410
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the journal in each case
instead of entering
the names of the 
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members of city council voting "yea" and those voting
"nay" on 
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the passage of each of the designated ordinances, orders,

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resolutions, and motions included in the omnibus group or 
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consent agenda. The taking of a
single or omnibus vote and the 
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entries of the words "omnibus vote" or
"consent agenda" in the

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journal shall be a sufficient compliance with the requirements 
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of this
Section to all intents and purposes and with like 
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effect as if the vote in
each case had been taken separately by 
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yeas and nays on the question of the
passage of each ordinance, 
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order, resolution, and motion included in the
omnibus group and 
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separately recorded in the journal. Likewise, the yeas
and nays 
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shall be taken upon the question of the passage of any other

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resolution or motion at the request of any alderman and shall 
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be recorded
in the journal.


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(Source: P.A. 87-1119.)