Bill Text: IL HB3947 | 2009-2010 | 96th General Assembly | Introduced

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Bill Title: Amends the Counties Code and the Illinois Municipal Code. Provides that home rule counties and municipalities with more than 500,000 inhabitants may not adopt an ordinance or resolution making an appropriation or containing a substantial tax increase unless (i) a copy of that ordinance or resolution, in its final form, has been made conveniently available on the county or municipality's Internet website for at least 7 days before the ordinance or resolution is considered for final passage and (ii) notice of the ordinance is given by publication in a newspaper of general circulation in the county or municipality not less than 7 nor more than 30 days before the ordinance or resolution is considered for final passage. Provides that, by a motion adopted by a record vote of at least three-fifths of the members elected, the county board or corporate authorities of the municipality may provide that those restrictions do not apply with respect to any one or more ordinances or resolutions specified in the motion. Defines "substantial tax increase". Preempts home rule powers. Effective immediately.

Spectrum: Partisan Bill (Republican 8-0)

Status: (Introduced - Dead) 2009-03-13 - Rule 19(a) / Re-referred to Rules Committee [HB3947 Detail]

Download: Illinois-2009-HB3947-Introduced.html

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96TH GENERAL ASSEMBLY State of Illinois 2009 and 2010 HB3947 Introduced 2/26/2009, by Rep. Elizabeth Coulson - Suzanne Bassi - Jim Durkin - Rosemary Mulligan - Michael P. McAuliffe, et al. SYNOPSIS AS INTRODUCED:
55 ILCS 5/5-1005.7 new
65 ILCS 5/8-11-25 new
Amends the Counties Code and the Illinois Municipal Code. Provides that home rule counties and municipalities with more than 500,000 inhabitants may not adopt an ordinance or resolution making an appropriation or containing a substantial tax increase unless (i) a copy of that ordinance or resolution, in its final form, has been made conveniently available on the county or municipality's Internet website for at least 7 days before the bill is considered for final passage and (ii) notice of the ordinance is given by publication in a newspaper of general circulation in the county or municipality not less than 7 nor more than 30 days before the ordinance or resolution is considered for final passage. Provides that, by a motion adopted by a record vote of at least three-fifths of the members elected, the county board or corporate authorities of the municipality may provide that those restrictions do not apply with respect to any one or more ordinances or resolutions specified in the motion. Defines "substantial tax increase" as an aggregate increase in one or more State taxes that will result in increased revenues that are equal to 1% or more of the most recently adopted county or municipal budget. Preempts home rule powers. Effective immediately.
LRB096 04885 RLJ 14951 b
FISCAL NOTE ACT MAY APPLY HOME RULE NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB3947 LRB096 04885 RLJ 14951 b
AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Counties Code is amended by adding Section
5-1005.7 as follows:
(55 ILCS 5/5-1005.7 new)
Sec. 5-1005.7. Public availability requirement for
appropriations and tax increases.
(a) A home rule county may not adopt an ordinance or
resolution making an appropriation or containing a substantial
tax increase unless (i) a copy of that ordinance or resolution,
in its final form, has been made conveniently available to the
public on the county's Internet website for at least 7 calendar
days before the ordinance or resolution is considered for final
passage and (ii) notice of the ordinance is given by
publication in a newspaper of general circulation in the county
not less than 7 nor more than 30 days before the ordinance or
resolution is considered for final passage.
(b) Upon a motion adopted by a record vote of at least
three-fifths of the members elected, the county board may
provide that the restrictions set forth in subsection (a) do
not apply with respect to any one or more ordinances or
resolutions specified in the motion.

HB3947 - 2 - LRB096 04885 RLJ 14951 b
(c) For the purpose of this Section, "substantial tax
increase" means an aggregate increase in one or more county
taxes that will result in increased revenues that are equal to
1% or more of the most recently adopted county budget.
(d) This Section is a denial and limitation of home rule
powers and functions under subsection (g) of Section 6 of
Article VII of the Illinois Constitution.
Section 10. The Illinois Municipal Code is amended by
adding Section 8-11-25 as follows:
(65 ILCS 5/8-11-25 new)
Sec. 8-11-25. Substantial tax increases; referenda
required.
(a) A municipality with more than 500,000 inhabitants may
not adopt an ordinance or resolution making an appropriation or
containing a substantial tax increase unless (i) a copy of that
ordinance or resolution, in its final form, has been made
conveniently available to the public on the municipality's
Internet website for at least 7 calendar days before the
ordinance or resolution is considered for final passage and
(ii) notice of the ordinance is given by publication in a
newspaper of general circulation in the municipality not less
than 7 nor more than 30 days before the ordinance or resolution
is considered for final passage.
(b) Upon a motion adopted by a record vote of at least

HB3947 - 3 - LRB096 04885 RLJ 14951 b
three-fifths of the members elected, the corporate authorities
of the municipality may provide that the restrictions set forth
in subsection (a) do not apply with respect to any one or more
ordinances or resolutions specified in the motion.
(c) For the purpose of this Section, "substantial tax
increase" means an aggregate increase in one or more county
taxes that will result in increased revenues that are equal to
1% or more of the most recently adopted municipal budget.
(d) This Section is a denial and limitation of home rule
powers and functions under subsection (g) of Section 6 of
Article VII of the Illinois Constitution.
Section 99. Effective date. This Act takes effect upon
becoming law.