Bill Text: IL HB0587 | 2011-2012 | 97th General Assembly | Enrolled

NOTE: There are more recent revisions of this legislation. Read Latest Draft

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Bill Title: Amends the Illinois Local Library Act. Makes a technical change in a Section concerning penalties.

Sponsorship: Bipartisan Bill

Status: (Passed) 2012-08-17 - Public Act . . . . . . . . . 97-0974 [HB0587 Detail]

Download: Illinois-2011-HB0587-Enrolled.html

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AN ACT concerning local government.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Park District Code is amended by changing
Sections 5-1 and 5-2 as follows:
(70 ILCS 1205/5-1) (from Ch. 105, par. 5-1)
Sec. 5-1. Each Park District has the power to levy and
collect taxes on all the taxable property in the district for
all corporate purposes. The commissioners may accumulate funds
for the purposes of building repairs and improvements and may
annually levy taxes for such purposes in excess of current
requirements for its other purposes but subject to the tax rate
limitation as herein provided.
All general taxes proposed by the board to be levied upon
the taxable property within the district shall be levied by
ordinance. A certified copy of such levy ordinance shall be
filed with the county clerk of the county in which the same is
to be collected not later than the last Tuesday in December in
each year. The county clerk shall extend such tax; provided,
the aggregate amount of taxes levied for any one year,
exclusive of the amount levied for the payment of the principal
and interest on bonded indebtedness of the district and taxes
authorized by special referenda, shall not exceed, except as

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otherwise provided in this Section, the rate of .10%, or the
rate limitation in effect on July 1, 1967, whichever is
greater, of the value, as equalized or assessed by the
Department of Revenue.
Notwithstanding any other provision of this Section, a park
district board of a park district lying wholly within one
county is authorized to increase property taxes under this
Section for corporate purposes for any one year so long as the
increase is offset by a like property tax levy reduction in one
or more of the park district's funds. At the time that such
park district files its levy with the county clerk, it shall
also certify to the county clerk that the park district has
complied with and is authorized to act under this Section 5-1
of the Park District Code. In no instance shall the increase
either exceed or result in a reduction to the extension
limitation to which any park district is subject under Section
18-195 of the Property Tax Code.
Notwithstanding any provision of this Section to the
contrary, if a park district is subject to Section 18-195 of
the Property Tax Code and does not levy the tax authorized by
Section 5-3, then it may increase the property tax levy under
this Section for corporate purposes to a total rate not to
exceed the total of rates authorized by this Section and
Section 5-3 as long as the increase is offset by a like
property tax levy reduction in one or more of the park
district's funds. In no instance shall the increase for

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corporate purposes cause the park district to exceed the
limiting rate that the park district is subject to under
Section 18-195 of the Property Tax Code.
Any funds on hand at the end of the fiscal year that are
not pledged for or allocated to a particular purpose may, by
action of the board of commissioners, be transferred to a
capital improvement fund and accumulated therein, but the total
amount accumulated in the fund may not exceed 1.5% of the
aggregate assessed valuation of all taxable property in the
park district.
The foregoing limitations upon tax rates may be decreased
under the referendum provisions of the General Revenue Law of
the State of Illinois.
(Source: P.A. 95-331, eff. 8-21-07.)
(70 ILCS 1205/5-2) (from Ch. 105, par. 5-2)
Sec. 5-2. Any park district may levy and collect annually,
a tax of not to exceed .12% of the value, as equalized or
assessed by the Department of Revenue, of all taxable property
in such district for the purpose of planning, establishing and
maintaining recreational programs, such programs to include
playgrounds, community and recreational centers, which tax
shall be levied and collected in like manner as the general
taxes for such district. Such tax shall be in addition to all
other taxes authorized by law to be levied and collected in
such district and shall not be included within any limitation

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of rate contained in this Code or any other law, but shall be
excluded therefrom and be in addition thereto and in excess
thereof.
The proceeds of the tax authorized by this Section shall be
paid to the treasurer of such district and kept in a fund to be
known as the recreational program fund. Such fund shall be used
for the planning, establishing and maintaining recreational
programs carried on by such district.
No such tax in excess of .075% shall be levied in any such
district, until the question of levying such tax has first been
submitted to the voters of such district at an election held in
such district and has been approved by a majority of such
voters voting thereon. The board shall certify such proposition
to the proper election officials, who shall submit such
proposition to the voters of the district regardless of whether
or not a petition, signed by electors of the district,
requesting the submission thereof has been filed with the
board. Notice of such referendum shall be given and such
referendum shall be conducted in the manner provided by the
general election law.
The proposition shall be in substantially the following
form:
-------------------------------------------------------------
Shall the.... Park District
be authorized and empowered to
levy and collect a tax of.... YES

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per cent for the purpose of
recreational programs (and,
optionally, insert specific ----------------------------
purposes or programs as
determined by the park district
board) as provided in Section NO
5-2 of "The Park District Code"?
-------------------------------------------------------------
If a majority of the voters of such district voting thereon
shall vote for the levy and collection of the tax, such
district is authorized and empowered to levy and collect such
tax annually thereafter. Any tax previously authorized by
referendum for recreation and community centers under "An Act
to amend Section 8 of An Act to provide for the creation of
Pleasure Driveway and Park Districts, approved June 19, 1893,
as amended and to add Sections 8a, 8b, 8c, and 8d thereto",
approved February 27, 1935, as amended, shall continue to be
levied and shall be treated as having been authorized under
this Section.
Notwithstanding any provision of this Section to the
contrary, if a park district is subject to Section 18-195 of
the Property Tax Code and does not levy the tax authorized by
Section 5-3a, then it may increase the property tax levy under
this Section for the purpose of planning, establishing, and
maintaining recreational programs carried on by the district to
a total rate not to exceed the total of rates authorized by

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this Section and Section 5-3a as long as the increase is offset
by a like property tax levy reduction in one or more of the
park district's funds. In no instance shall the increase for
the purpose of planning, establishing, and maintaining
recreation programs cause the park district to exceed the
limiting rate that the park district is subject to under
Section 18-195 of the Property Tax Code.
The foregoing limitations upon tax rates may be decreased
under the referendum provisions of the General Revenue Law of
the State of Illinois.
(Source: P.A. 93-434, eff. 8-5-03.)