Bill Text: IL HB1613 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Property Tax Code. Makes a technical change in a Section concerning the definition of "taxing district".
Spectrum: Partisan Bill (Republican 1-0)
Status: (Failed) 2014-12-03 - Session Sine Die [HB1613 Detail]
Download: Illinois-2013-HB1613-Amended.html
| |||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 1613
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 1613 by replacing | ||||||
3 | everything after the enacting clause with the following:
| ||||||
4 | "Section 5. The Property Tax Code is amended by changing | ||||||
5 | Sections 27-5, 27-30, and 27-55 as follows:
| ||||||
6 | (35 ILCS 200/27-5)
| ||||||
7 | Sec. 27-5. Short title; definitions. This Article may be | ||||||
8 | cited as the
Special Service Area Tax Law.
| ||||||
9 | When used in this Article:
| ||||||
10 | "Special Service Area" means a contiguous area within a | ||||||
11 | municipality
or county in which special governmental services | ||||||
12 | are provided in
addition to those services provided generally | ||||||
13 | throughout the
municipality or county, the cost of the special | ||||||
14 | services to be paid
from revenues collected from taxes levied | ||||||
15 | or imposed upon property
within that area. Territory shall be | ||||||
16 | considered contiguous for purposes
of this Article even though |
| |||||||
| |||||||
1 | certain completely surrounded portions of the
territory are | ||||||
2 | excluded from the special service area. A county may create
a | ||||||
3 | special service area within a municipality or municipalities | ||||||
4 | when the
municipality or municipalities consent to the creation | ||||||
5 | of the special
service area. A municipality may create a | ||||||
6 | special service area within a
municipality and the | ||||||
7 | unincorporated area of a county or within another
municipality | ||||||
8 | when the county or other municipality consents to the creation
| ||||||
9 | of the special service area.
| ||||||
10 | "Special Services" means infrastructure projects all forms | ||||||
11 | of services pertaining to the
government and affairs of the | ||||||
12 | municipality or county, including
municipal roads and streets, | ||||||
13 | public parks, access roads, bridges, sidewalks, waste disposal | ||||||
14 | systems, water and sewer line extensions, water distribution | ||||||
15 | and purification facilities, storm water drainage and | ||||||
16 | retention facilities, sewage treatment facilities, but not | ||||||
17 | limited to weather modification and improvements permissible | ||||||
18 | under
Article 9 of the Illinois Municipal Code, and contracts | ||||||
19 | for the supply of
water as described in Section 11-124-1 of the | ||||||
20 | Illinois Municipal Code which
may be entered into by the | ||||||
21 | municipality or by the county on behalf of a
county service | ||||||
22 | area.
| ||||||
23 | (Source: P.A. 86-1324; 88-445.)
| ||||||
24 | (35 ILCS 200/27-30)
| ||||||
25 | Sec. 27-30. Manner of notice. Prior to or within 60 days |
| |||||||
| |||||||
1 | after the adoption
of the ordinance proposing the establishment | ||||||
2 | of a special service area the
municipality or county shall fix | ||||||
3 | a time and a place for a public hearing.
The public hearing | ||||||
4 | shall be held not less than 60 days after the adoption of the | ||||||
5 | ordinance proposing the establishment of a special service | ||||||
6 | area. Notice of the hearing shall be given by publication and | ||||||
7 | mailing, except that
notice of a public hearing to propose the | ||||||
8 | establishment of a special service
area for weather | ||||||
9 | modification purposes may be given by publication only.
Notice | ||||||
10 | by publication shall be given by publication at least once not | ||||||
11 | less than
15 days prior to the hearing in a newspaper of | ||||||
12 | general circulation within the
municipality or county. Notice | ||||||
13 | by mailing shall be given by depositing the
notice in the | ||||||
14 | United States mails addressed to the person or persons in whose
| ||||||
15 | name the general taxes for the last preceding year were paid on | ||||||
16 | each property
lying within the special service area. A notice
| ||||||
17 | shall be mailed not less than 10 days prior to the time set for | ||||||
18 | the public
hearing. In the event taxes for the last preceding | ||||||
19 | year were not paid, the
notice shall be sent to the person last | ||||||
20 | listed on the tax rolls prior to
that year as the owner of the | ||||||
21 | property. A list of the names and addresses of the individuals | ||||||
22 | and entities to whom the notice will be sent by mail shall be | ||||||
23 | published at the time notice is given and shall be available at | ||||||
24 | the public hearing.
| ||||||
25 | (Source: P.A. 97-1053, eff. 1-1-13.)
|
| |||||||
| |||||||
1 | (35 ILCS 200/27-55)
| ||||||
2 | Sec. 27-55. Authorization Objection petition. | ||||||
3 | Notwithstanding any other provision of law, on and after the | ||||||
4 | effective date of this amendatory Act of the 98th General | ||||||
5 | Assembly, no special service area may be created or enlarged; | ||||||
6 | no special service area tax may be levied, imposed, or | ||||||
7 | increased; and no bonds may be issued for the provision of | ||||||
8 | special services within the area, unless If a petition signed | ||||||
9 | by at least 51% of the taxpayers of record of all property
| ||||||
10 | electors residing within the special service area or and by at | ||||||
11 | least 51% of the
taxpayers owners of record of the land | ||||||
12 | included within the boundaries of the special
service area is | ||||||
13 | filed with the municipal clerk or county clerk, as the case may
| ||||||
14 | be, authorizing within 60 days following the final adjournment | ||||||
15 | of the public hearing,
objecting to the creation of the special | ||||||
16 | service district, the enlargement of
the area, the levy or | ||||||
17 | imposition of a tax or the issuance of bonds for the
provision | ||||||
18 | of special services to the area, or to a proposed increase in | ||||||
19 | the tax
rate , as the case may be. The petition must be filed | ||||||
20 | within 60 days following the final adjournment of the public | ||||||
21 | hearing. Only one taxpayer of record may sign an authorization | ||||||
22 | petition for any single property index number within the | ||||||
23 | proposed special service area. For the purposes of signing the | ||||||
24 | petition, "taxpayer of record" means either (i) any person in | ||||||
25 | whose name the general taxes for the last preceding year were | ||||||
26 | paid, as demonstrated by a copy of the tax bill or |
| |||||||
| |||||||
1 | documentation from the assessor or clerk, or (ii) any person in | ||||||
2 | whose name title is held, as demonstrated by a copy of the last | ||||||
3 | recorded deed to the property. Any authorized agent may sign a | ||||||
4 | petition on behalf of an entity, and that person's | ||||||
5 | certification of his or her authority to sign shall be | ||||||
6 | presumptive evidence of his or her authority to sign. A | ||||||
7 | beneficiary of a land trust may sign the petition with respect | ||||||
8 | to the property held by that land trust, and that person's | ||||||
9 | certification that he or she is a beneficiary shall be | ||||||
10 | presumptive evidence of his or her authorization to sign. | ||||||
11 | Taxpayers , the district shall not be created or enlarged, or | ||||||
12 | the tax shall not be
levied or imposed nor the rate increased, | ||||||
13 | or no bonds may be issued. The
subject matter of the petition | ||||||
14 | shall not be proposed relative to any
signatories of the | ||||||
15 | petition within the next 2 years. Each resident of the
special | ||||||
16 | service area registered to vote at the time of the public | ||||||
17 | hearing held
with regard to the special service area shall be | ||||||
18 | considered an elector. Each
person in whose name legal title to | ||||||
19 | land included within the boundaries of the
special service area | ||||||
20 | is held according to the records of the county in which
the | ||||||
21 | land is located shall be considered an owner of record. Owners | ||||||
22 | of record
shall be determined at the time of the public hearing | ||||||
23 | held with regard to a
special service area. Land owned in the | ||||||
24 | name of a land trust, corporation,
estate or partnership shall | ||||||
25 | be considered to have a single owner of record.
| ||||||
26 | (Source: P.A. 82-640; 88-455.)
|
| |||||||
| |||||||
1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.".
|