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92_HB2108eng HB2108 Engrossed LRB9202619MWcd 1 AN ACT in relation to municipal appropriations. 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 8-2-9 as follows: 6 (65 ILCS 5/8-2-9) (from Ch. 24, par. 8-2-9) 7 Sec. 8-2-9. Municipalities with populations under 8 500,000. In municipalities with fewerlessthan 500,000 9 inhabitants, the corporate authorities shall pass an 10 ordinance within the first quarter of each fiscal year, to be 11 termed the annual appropriation ordinance. In this ordinance, 12 the corporate authorities (i) may appropriate sums of money 13 deemed necessary to defray all necessary expenses and 14 liabilities of the municipalities, including the amounts to 15 be deposited in the reserves provided for in the Illinois 16 Pension Code and (ii) shall specify the objects and purposes 17 for which these appropriations are made and the amount 18 appropriated for each object or purpose. Among the objects 19 and purposes specified shall be the reserves provided for in 20 the Illinois Pension Code. Except as otherwise provided, no 21 further appropriations shall be made at any other time within 22 the same fiscal year, unless a proposition to make each 23 additional appropriation has been first sanctioned by a 24 petition signed by electors of the municipality numbering 25 more than 50% of the number of votes cast for the candidates 26 for mayor or president at the last preceding general 27 municipal election at which a mayor or president was elected, 28 by a petition signed by them, or by a majority of those 29 voting on the question at a regular election or at an 30 emergency referendum authorized in accordance with the 31 general election law. The corporate authorities may by HB2108 Engrossed -2- LRB9202619MWcd 1 ordinance initiate the submission of the proposition. During 2 any fiscal year, the corporate authorities in municipalities 3 subject to this Section may adopt a supplemental 4 appropriation ordinance in an amount not in excess of the 5 aggregate of any additional revenue available to the 6 municipality, or estimated to be received by the municipality 7 after the adoption of the annual appropriation ordinance for 8 that fiscal year, or from fund balances available when the 9 annual appropriation ordinance was adopted but that were not 10 appropriated at that time. The provisions of this Section 11 prohibiting further appropriations without sanction by 12 petition or election shall not be applicable to the 13 supplemental appropriation for that fiscal year. The 14 corporate authorities at any time, however, by a two-thirds 15 vote of all the members of the body, may make transfers 16within any department or other separate agency of the17municipal governmentof sums of money appropriated for one 18 corporate object or purpose to another corporate object or 19 purpose, but no appropriation for any object or purpose shall 20 thereby be reduced below an amount sufficient to cover all 21 obligations incurred or to be incurred against the 22 appropriation. Nothing in this Section shall deprive the 23 corporate authorities of the power to provide for and cause 24 to be paid from the funds of the municipality any charge 25 imposed by law without the action of the corporate 26 authorities, the payment of which is ordered by a court of 27 competent jurisdiction. 28 At least 10 days before the adoption of the annual 29 appropriation ordinance, the corporate authorities of 30 municipalities over 2,000 in population shall make the 31 proposed appropriation ordinance or a formally prepared 32 appropriation or budget document upon which the annual 33 appropriation ordinance will be based conveniently available 34 to public inspection. In addition, the corporate authorities HB2108 Engrossed -3- LRB9202619MWcd 1 shall hold at least one public hearing on that proposed 2 appropriation ordinance. Notice of this hearing shall be 3 given by publication in one or more newspapers published in 4 the municipality or, if there is none published in the 5 municipality, in a newspaper published in the county and 6 having general circulation in the municipality at least 10 7 days before the time of the public hearing. The notice shall 8 state the time and place of the hearing and the place where 9 copies of the proposed appropriation ordinance or formally 10 prepared appropriation or budget document will be accessible 11 for examination. The annual appropriation ordinance may be 12 passedadoptedat the same meeting at which the public 13 hearing is held or at any time after that public hearing. 14 After the public hearing and before final action is taken 15 on the appropriation ordinance, the corporate authorities may 16 revise, alter, increase, or decrease the items contained in 17 the ordinance. 18 Notwithstanding any above provision of this Section, any 19 municipality in which Article 5 becomes effective after the 20 annual appropriation ordinance has been passed for the 21 current fiscal year may amend the appropriation ordinance in 22 any manner necessary to make Article 5 fully operative in 23 that municipality for that fiscal year. No amendment shall be 24 construed, however, to affect any tax levy made on the basis 25 of the original appropriation ordinance. 26 This Section does not apply to municipalities operating 27 under special charters. 28 (Source: P.A. 86-1470; 87-365.)