HB3238 99TH GENERAL ASSEMBLY

LRB099 06852 AWJ 26929 b

99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB3238

Introduced , by Rep. Jaime M. Andrade, Jr.

SYNOPSIS AS INTRODUCED:

65 ILCS 5/3.1-55-30 new

Amends the Illinois Municipal Code. Provides that in any municipality having a population in excess of 1,000,000 that has more than one inspector general, a public officer may choose to be subject to any of the inspector generals in that municipality by signing and having notarized an affidavit stating that the public officer wishes to be subject to the authority of an inspector general that does not presently have jurisdiction over that public officer. Further provides that the public officer will be subject to the inspector general, as well as the rules and ordinances relating to that inspector general, indicated in the affidavit upon the filing of the affidavit with the county clerk. Limits home rule powers.

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 adding Section 3.1-55-30 as follows:

(65 ILCS 5/3.1-55-30 new)

Sec. 3.1-55-30. Choice of inspector general.

(a) For purposes of this Section:

"Inspector general" means any elected or appointed position, by whatever name, in a municipality whose duties are similar to, but not limited to, receiving, registering, and investigating complaints and information concerning misconduct, inefficiency, and waste within the municipality; investigating the performance of municipal officers, employees, functions, and programs; and promoting economy, efficiency, effectiveness and integrity in the administration of the programs and operations of the municipality.

"Public officer" means a city councilman, alderman, commissioner, mayor, or other individual subject to the jurisdiction of an inspector general.

(b) In any municipality having a population in excess of 1,000,000 that has more than one inspector general, a public officer may choose to be subject to any of the inspector generals in that municipality by signing and having notarized an affidavit stating that the public officer wishes to be subject to the authority of an inspector general that does not presently have jurisdiction over that public officer.

(c) Upon the filing with the county clerk of a signed and notarized affidavit as described in subsection (b), the public officer shall be subject to the jurisdiction of the inspector general indicated in the affidavit and shall be subject to the same rules and ordinances as other public officers subject to that inspector general.

(d) A home rule unit may not enact an ordinance, rule, or otherwise act in a manner inconsistent with this Section. 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 units of powers and functions exercised by the State.