HB4462 97TH GENERAL ASSEMBLY

LRB097 17397 KMW 62599 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB4462

Introduced 1/30/2012, by Rep. Anthony DeLuca

SYNOPSIS AS INTRODUCED:

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

Amends the Illinois Municipal Code. Requires the concurrence of a majority of all members of the city council for the passage of a motion or resolution that provides for the expenditure of tax dollars on a charitable or non-profit organization. Further provides that any proposal for the expenditure of tax dollars on a charitable or non-profit organization shall be listed as a separate item on the council's agenda. Limits the concurrent exercise of home rule powers. Effective immediately.

HOME RULE NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Illinois Municipal Code is amended by changing Section 3.1-40-40 and by adding Section 3.1-40-65 as follows:

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

Sec. 3.1-40-40. Vote required. The passage of all ordinances for whatever purpose, and of any resolution or motion (i) to create any liability against a city, or (ii) for the expenditure or appropriation of its money, or (iii) for the expenditure of tax dollars on a charitable or non-profit organization shall require the concurrence of a majority of all members then holding office on the city council, including the mayor, unless otherwise expressly provided by this Code or any other Act governing the passage of any ordinance, resolution, or motion. Where the council consists of an odd number of aldermen, however, the vote of the majority of the aldermen shall be sufficient to pass an ordinance. The passage of an ordinance, resolution, or motion to sell any school property shall require the concurrence of three-fourths of all aldermen then holding office. The yeas and nays shall be taken upon the question of the passage of the designated ordinances, resolutions, or motions and recorded in the journal of the city council. In addition, the corporate authorities at any meeting may by unanimous consent take a single vote by yeas and nays on the several questions of the passage of any 2 or more of the designated ordinances, orders, resolutions, or motions placed together for voting purposes in a single group. The single vote shall be entered separately in the journal under the designation "omnibus vote", and in that event the clerk may enter the words "omnibus vote" or "consent agenda" in the journal in each case instead of entering the names of the members of city council voting "yea" and those voting "nay" on the passage of each of the designated ordinances, orders, resolutions, and motions included in the omnibus group or consent agenda. The taking of a single or omnibus vote and the entries of the words "omnibus vote" or "consent agenda" in the journal shall be a sufficient compliance with the requirements of this Section to all intents and purposes and with like effect as if the vote in each case had been taken separately by yeas and nays on the question of the passage of each ordinance, order, resolution, and motion included in the omnibus group and separately recorded in the journal. Likewise, the yeas and nays shall be taken upon the question of the passage of any other resolution or motion at the request of any alderman and shall be recorded in the journal.

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

(65 ILCS 5/3.1-40-65 new)

Sec. 3.1-40-65. Charitable spending. Any proposal for the expenditure of tax dollars on a charitable or non-profit organization by the municipality shall be listed as a separate item on the city council's agenda and is subject to the voting requirements of Section 40 of this Division. This Section is a limitation under subsection (i) of Section 6 of Article VII of the Illinois Constitution on the concurrent exercise by home rule municipalities of powers and functions exercised by the State.

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