96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB3820


 
Introduced 2/25/2009, by Rep. Paul D. Froehlich
 
SYNOPSIS AS INTRODUCED:
 		













55 ILCS 5/5-1007.5 new










    Amends the Counties Code.  Provides that the voters of Cook County may, by initiative petition and referendum, modify the rate of a retailers' occupation tax and a service occupation tax imposed by the county and limit the amount of any expenditure made by the county.  Preempts home rule powers.  Effective immediately.
















LRB096 03808 HLH 13840 b

















FISCAL NOTE ACT MAY APPLY


HOME RULE NOTE ACT MAY APPLY


STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
















 


 


A BILL FOR









 











HB3820

LRB096 03808 HLH 13840 b






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    AN ACT concerning revenue.

 
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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 Counties Code is amended  by adding Section 
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5-1007.5 as follows:
 
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    (55 ILCS 5/5-1007.5  new)
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    Sec. 5-1007.5. Cook County Taxpayers' Initiative Act.
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    (a)  The voters of Cook County may, by initiative petition 
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and referendum, pass a binding measure to modify the rate of 
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any tax imposed under Sections 5-1006 and 5-1007 of this Code. 
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The petition must be signed by a number of voters equal to at 
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least 8% of the votes cast in the county during the last 
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preceding gubernatorial election.  The petition shall be 
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submitted to the county board not more than 12 months prior to 
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the general election at which the question will appear on the 
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ballot.  The county board shall certify the question to the 
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proper election officials,
who shall submit the question at the 
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next general election in accordance with the Election Code.  The 
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question shall be in substantially the following form:
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        "Shall the rate of the retailers' occupation tax and 
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    service occupation tax imposed by Cook County be 
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    (reduced/increased) from (current rate) to (new rate)?" 
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    Votes shall be recorded as "Yes" or "No".  If a majority of 
 


 






HB3820
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votes cast on the proposition are in favor of the modification, 
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then the rate shall be modified beginning on the first day of 
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the first month to occur not less than 30 calendar days after 
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the question is submitted to the voters. 
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    (b)  The voters of Cook County may, by initiative petition 
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and referendum, pass a binding measure to limit the amount of 
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any expenditure made by the county during its next fiscal year. 
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The petition must be signed by a number of voters equal to at 
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least 8% of the votes cast in the county during the last 
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preceding gubernatorial election.  The petition shall be 
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submitted to the county board not more than 12 months prior to 
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the general election at which the question will appear on the 
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ballot.  The county board shall certify the question to the 
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proper election officials,
who shall submit the question at the 
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next general election in accordance with the Election Code.  The 
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question shall be in substantially the following form: 
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        "Shall Cook County's expenditure for (state the nature 
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    of the expenditure) in (fiscal year) be limited to 
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    (percent) of its (previous fiscal year) expenditure for 
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    (state the nature of the expenditure)?" 
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    Votes shall be recorded as "Yes" or "No".  If a majority of 
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votes cast on the proposition are in favor of the limitation, 
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then the expenditure shall be limited as provided in the 
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question. 
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    A home rule unit may not regulate taxation and expenditures 
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in a manner that is inconsistent with this Section.  This 
 


 






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Section is a limitation of home rule powers and functions under 
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subsection (g) of Section 6 of Article VII of the Illinois 
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Constitution. 

 
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    Section 99. Effective date. This Act takes effect upon 
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becoming law.