Full Text of HB4462 97th General Assembly
HB4462 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB4462 Introduced 1/30/2012, by Rep. Anthony DeLuca SYNOPSIS AS INTRODUCED: |
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65 ILCS 5/3.1-40-40 | from Ch. 24, par. 3.1-40-40 |
65 ILCS 5/3.1-40-65 new | |
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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.
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| | | HOME RULE NOTE ACT MAY APPLY | |
| | A BILL FOR |
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| 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 Illinois Municipal Code is amended by | 5 | | changing Section 3.1-40-40 and by adding Section 3.1-40-65 as | 6 | | follows:
| 7 | | (65 ILCS 5/3.1-40-40) (from Ch. 24, par. 3.1-40-40)
| 8 | | Sec. 3.1-40-40. Vote required. The passage of all | 9 | | ordinances for
whatever purpose, and of
any resolution or | 10 | | motion (i) to create any liability against a city , or (ii)
for | 11 | | the expenditure or appropriation of its money , or (iii) for the | 12 | | expenditure of tax dollars on a charitable or non-profit | 13 | | organization shall require the
concurrence of a majority of all | 14 | | members then holding office on the city
council, including the | 15 | | mayor, unless otherwise expressly provided by this
Code or any | 16 | | other Act governing the passage of any ordinance, resolution,
| 17 | | or motion. Where the council consists of an odd number of
| 18 | | aldermen, however, the vote of the majority of the aldermen | 19 | | shall be sufficient
to
pass an ordinance. The passage of an | 20 | | ordinance, resolution, or motion to
sell any school property | 21 | | shall require the concurrence of three-fourths of
all aldermen | 22 | | then holding office. The yeas and nays shall be taken upon the
| 23 | | question of the passage of the designated ordinances, |
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| 1 | | resolutions, or
motions and recorded in the journal of the city | 2 | | council. In addition, the
corporate authorities at any meeting | 3 | | may by unanimous consent take a single
vote by yeas and nays on | 4 | | the several questions of the passage of any 2 or
more of the | 5 | | designated ordinances, orders, resolutions, or motions placed
| 6 | | together for voting purposes in a single group. The single vote | 7 | | shall
be entered separately in the journal
under the | 8 | | designation "omnibus vote", and in that event the clerk may | 9 | | enter
the words "omnibus vote" or "consent agenda" in the | 10 | | journal in each case
instead of entering
the names of the | 11 | | members of city council voting "yea" and those voting
"nay" on | 12 | | the passage of each of the designated ordinances, orders,
| 13 | | resolutions, and motions included in the omnibus group or | 14 | | consent agenda. The taking of a
single or omnibus vote and the | 15 | | entries of the words "omnibus vote" or
"consent agenda" in the
| 16 | | journal shall be a sufficient compliance with the requirements | 17 | | of this
Section to all intents and purposes and with like | 18 | | effect as if the vote in
each case had been taken separately by | 19 | | yeas and nays on the question of the
passage of each ordinance, | 20 | | order, resolution, and motion included in the
omnibus group and | 21 | | separately recorded in the journal. Likewise, the yeas
and nays | 22 | | shall be taken upon the question of the passage of any other
| 23 | | resolution or motion at the request of any alderman and shall | 24 | | be recorded
in the journal.
| 25 | | (Source: P.A. 87-1119.)
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| 1 | | (65 ILCS 5/3.1-40-65 new) | 2 | | Sec. 3.1-40-65. Charitable spending. Any proposal for the | 3 | | expenditure of tax dollars on a charitable or non-profit | 4 | | organization by the municipality shall be listed as a separate | 5 | | item on the city council's agenda and is subject to the voting | 6 | | requirements of Section 40 of this Division. This Section is a | 7 | | limitation under subsection (i) of Section 6 of Article VII of | 8 | | the Illinois Constitution on the concurrent exercise by home | 9 | | rule municipalities of powers and functions exercised by the | 10 | | State.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.
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