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






1
 AN ACT concerning local government.


2
 Be it enacted by the People of the State of Illinois,

3
represented in the General Assembly:



4
 Section 5. The Counties Code is amended by adding Section 
5
5-1005.7 as follows:

6
 (55 ILCS 5/5-1005.7 new)
7
 Sec. 5-1005.7. Public availability requirement for 
8
appropriations and tax increases. 
9
 (a) A home rule county may not adopt an ordinance or 
10
resolution making an appropriation or containing a substantial 
11
tax increase unless (i) a copy of that ordinance or resolution, 
12
in its final form, has been
made conveniently available to the 
13
public on the county's Internet
website for at least 7 calendar 
14
days before the ordinance or resolution is considered for
final 
15
passage and (ii) notice of the ordinance is given by 
16
publication in a newspaper of general circulation in the county 
17
not less than 7 nor more than 30 days before the ordinance or 
18
resolution is considered for final passage.
19
 (b) Upon a motion adopted by a record vote of at least

20
three-fifths of the members elected, the county board may 
21
provide that the restrictions
set forth in subsection (a) do 
22
not apply with respect to any one or more ordinances or 
23
resolutions specified in the motion. 
 


 






HB3947
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LRB096 04885 RLJ 14951 b





1
 (c) For the purpose of this Section, "substantial tax 
2
increase" means an aggregate increase in one or more county 
3
taxes that will result in increased revenues that are equal to 
4
1% or more of the most recently adopted county budget. 
5
 (d) This Section is a denial and limitation of home rule 
6
powers and functions under subsection (g) of Section 6 of 
7
Article VII of the Illinois Constitution. 

8
 Section 10. The Illinois Municipal Code is amended by 
9
adding Section 8-11-25 as follows:

10
 (65 ILCS 5/8-11-25 new)
11
 Sec. 8-11-25. Substantial tax increases; referenda 
12
required.
13
 (a) A municipality with more than 500,000 inhabitants may 
14
not adopt an ordinance or resolution making an appropriation or 
15
containing a substantial tax increase unless (i) a copy of that 
16
ordinance or resolution, in its final form, has been
made 
17
conveniently available to the public on the municipality's 
18
Internet
website for at least 7 calendar days before the 
19
ordinance or resolution is considered for
final passage and 
20
(ii) notice of the ordinance is given by publication in a 
21
newspaper of general circulation in the municipality not less 
22
than 7 nor more than 30 days before the ordinance or resolution 
23
is considered for final passage.
24
 (b) Upon a motion adopted by a record vote of at least

 


 






HB3947
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LRB096 04885 RLJ 14951 b





1
three-fifths of the members elected, the corporate authorities 
2
of the municipality may provide that the restrictions
set forth 
3
in subsection (a) do not apply with respect to any one or more 
4
ordinances or resolutions specified in the motion. 
5
 (c) For the purpose of this Section, "substantial tax 
6
increase" means an aggregate increase in one or more county 
7
taxes that will result in increased revenues that are equal to 
8
1% or more of the most recently adopted municipal budget. 
9
 (d) This Section is a denial and limitation of home rule 
10
powers and functions under subsection (g) of Section 6 of 
11
Article VII of the Illinois Constitution. 


12
 Section 99. Effective date. This Act takes effect upon 
13
becoming law.