HB2914eng 101ST GENERAL ASSEMBLY

HB2914 Engrossed LRB101 09876 AWJ 54978 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 Illinois Municipal Code is amended by adding Section 8-1-19 as follows:

(65 ILCS 5/8-1-19 new)

Sec. 8-1-19. Legal expenses cap.

(a) Notwithstanding any provision of law to the contrary, a municipality may not incur legal expenses in excess of $1,000,000 unless the electors of the municipality approve a greater amount of legal expenses after a referendum under subsection (b).

(b) Upon the adoption of an ordinance by the city council of the municipality requesting a referendum to incur additional legal expenses, a referendum, subject to the requirements of 16-7 of the Election Code, shall be placed on the ballot for all electors residing in the municipality at the next general election in substantially the following form:

May the (name of municipality) expend more than the $1,000,000 statutory cap on legal expenses for the (current/next) fiscal year?

The votes shall be recorded as "Yes" or "No".

(c) A home rule municipally may not regulate the incurring of legal expenses 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.

(d) This Section does not apply to salaries and benefits paid to attorneys and paralegals who are full-time or part-time employees a municipality.