Full Text of HB2292 97th General Assembly
HB2292ham001 97TH GENERAL ASSEMBLY | Rep. David R. Leitch Filed: 4/12/2011
| | 09700HB2292ham001 | | LRB097 07871 JDS 54384 a |
|
| 1 | | AMENDMENT TO HOUSE BILL 2292
| 2 | | AMENDMENT NO. ______. Amend House Bill 2292 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Illinois Pension Code is amended by | 5 | | changing Sections 3-103, 3-145, 4-103, and 4-141 as follows:
| 6 | | (40 ILCS 5/3-103) (from Ch. 108 1/2, par. 3-103)
| 7 | | Sec. 3-103. Municipality. "Municipality": (1) Any city, | 8 | | village , or incorporated town of 7,500 5,000
or more but less | 9 | | than 500,000 inhabitants,
as determined from the United
States | 10 | | Government statistics or a census taken at any time by the | 11 | | city,
village or incorporated town and (2) any city, village , | 12 | | or incorporated
town of
less than 7,500 5,000 inhabitants which | 13 | | has established, before the effective date of this amendatory | 14 | | Act of the 97th General Assembly, a fund under this Article or , | 15 | | by referendum held under Section 3-145 ,
adopts this Article.
| 16 | | (Source: P.A. 83-1440.)
|
| | | 09700HB2292ham001 | - 2 - | LRB097 07871 JDS 54384 a |
|
| 1 | | (40 ILCS 5/3-145) (from Ch. 108 1/2, par. 3-145)
| 2 | | Sec. 3-145. Referendum in municipalities less than 7,500 | 3 | | 5,000 . | 4 | | (a) This Article
shall not be effective in any
municipality | 5 | | having a population of less than 7,500 5,000 unless the
| 6 | | proposition to adopt the Article is submitted
to and approved
| 7 | | by the voters of the municipality in the manner herein | 8 | | provided.
| 9 | | Whenever the electors of the municipality, equal in number | 10 | | to 5% of
the number of legal votes cast at the last preceding | 11 | | general municipal
election, petition the city, village or town | 12 | | clerk to submit the proposition
whether
that municipality shall | 13 | | adopt this Article, the officer to whom the
petition is | 14 | | addressed shall certify the proposition to the proper election
| 15 | | officials who shall submit the proposition in accordance
with | 16 | | the general election law at a regular election in the | 17 | | municipality
provided that notice of the referendum, if held
| 18 | | before July 1, 1999,
has been given in accordance with the | 19 | | provisions of Section
12-5
of the Election Code in effect at | 20 | | the time of the bond referendum, at least
10 and not more than | 21 | | 45 days before the date of
the election, notwithstanding the | 22 | | time for publication otherwise imposed by
Section 12-5.
Notices | 23 | | required in connection with the submission of public questions
| 24 | | on or after July 1, 1999 shall be as set forth in Section 12-5 | 25 | | of the Election
Code.
If the proposition is not adopted at
that |
| | | 09700HB2292ham001 | - 3 - | LRB097 07871 JDS 54384 a |
|
| 1 | | election, it may be submitted in like manner at any regular | 2 | | election
thereafter. The
proposition shall be substantially in | 3 | | the following form:
| 4 | | -------------------------------------------------------------
| 5 | | Shall the city (or village or
| 6 | | incorporated town) of.... adopt YES
| 7 | | Article 3 of the "Illinois Pension -----------------------
| 8 | | Code", pertaining to the creation NO
| 9 | | of a police pension fund?
| 10 | | -------------------------------------------------------------
| 11 | | If a majority of the votes cast on the proposition
is for the | 12 | | proposition, this Article is adopted in that municipality.
| 13 | | (b) For a period of 60 days after the effective date of | 14 | | this amendatory Act of the 96th General Assembly, if a | 15 | | municipality having a population of less than 5,000 has adopted | 16 | | this Article in accordance with the provisions of subsection | 17 | | (a), the municipality may elect to terminate participation | 18 | | under this Article if all of the following conditions are met: | 19 | | (1) An independent auditor certifies that the fund | 20 | | created under this Article has no liabilities and there are | 21 | | no members or participants in the fund and no beneficiaries | 22 | | entitled to benefits under the fund. | 23 | | (2) The corporate authorities of the municipality, by | 24 | | ordinance, approve the closing of the fund. | 25 | | If the conditions of this subsection (b) are met and the | 26 | | closed fund contains assets, those assets shall be transferred |
| | | 09700HB2292ham001 | - 4 - | LRB097 07871 JDS 54384 a |
|
| 1 | | to the municipality for its general corporate purposes.
| 2 | | If a municipality that terminates participation under this | 3 | | Article in accordance with this subsection (b) wants to | 4 | | reinstate the fund, then the proposition to re-adopt the | 5 | | Article must be submitted to and approved
by the voters of the | 6 | | municipality in the manner provided in subsection (a).
| 7 | | (Source: P.A. 96-216, eff. 8-10-09.)
| 8 | | (40 ILCS 5/4-103) (from Ch. 108 1/2, par. 4-103)
| 9 | | Sec. 4-103. Municipality. "Municipality": (1) Any city, | 10 | | township, village , or incorporated town
of 7,500 5,000 or more | 11 | | but less than 500,000
inhabitants, and any fire protection | 12 | | district having any full-time
paid firefighters, and (2) any | 13 | | city, village,
incorporated town , or township of less than | 14 | | 7,500 5,000 inhabitants that has having a full-time
paid fire | 15 | | department and that (i) has established, before the effective | 16 | | date of this amendatory Act of the 97th General Assembly, a | 17 | | fund under this Article or (ii) which adopts the provisions of | 18 | | this Article article
pursuant to the provisions of Section | 19 | | 4-141. The term "city council" or
"board of trustees" includes
| 20 | | the board of trustees of a fire protection district and the | 21 | | board of town
trustees or other persons empowered to
draft the | 22 | | tentative budget and appropriation ordinance and the electors | 23 | | of
such a township acting at the annual or special meeting of | 24 | | town
electors.
| 25 | | (Source: P.A. 83-1440.)
|
| | | 09700HB2292ham001 | - 5 - | LRB097 07871 JDS 54384 a |
|
| 1 | | (40 ILCS 5/4-141) (from Ch. 108 1/2, par. 4-141)
| 2 | | Sec. 4-141. Referendum in municipalities less than 7,500 | 3 | | 5,000 . This Article shall become effective in any municipality | 4 | | having a population of less than
7,500 5,000 , population if the | 5 | | proposition to adopt
the Article is submitted to and approved | 6 | | by the voters of the
municipality in the manner herein | 7 | | provided.
| 8 | | Whenever the electors of the municipality equal in number | 9 | | to 5% of
the number of legal votes cast at the last preceding | 10 | | general municipal
election for mayor or president, as the case | 11 | | may be, petition the
corporate authorities of the municipality | 12 | | to submit the proposition whether that
municipality shall adopt | 13 | | this Article, the municipal clerk shall certify
the proposition | 14 | | to the proper election official who shall submit it to the
| 15 | | electors in accordance with the general election law at the | 16 | | next
succeeding regular election in the municipality. If the | 17 | | proposition is not
adopted at that
election, it may be | 18 | | submitted in like manner at any regular
election thereafter.
| 19 | | The proposition
shall be substantially in the following | 20 | | form:
| 21 | | -------------------------------------------------------------
| 22 | | Shall the city (or village or
| 23 | | incorporated town as the case may be) YES
| 24 | | of.... adopt Article 4 of the
| 25 | | "Illinois Pension Code", ------------------
|
| | | 09700HB2292ham001 | - 6 - | LRB097 07871 JDS 54384 a |
|
| 1 | | providing for a Firefighters' NO
| 2 | | Pension Fund and the levying
| 3 | | of an annual tax therefor?
| 4 | | -------------------------------------------------------------
| 5 | | If a majority of the votes cast on the proposition is for | 6 | | the proposition,
this Article is adopted in that
municipality.
| 7 | | (Source: P.A. 83-1440 .)
| 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
|
|