Bill Text: IL HB3230 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Property Tax Extension Limitation Law of the Property Tax Code. Provides that a resident of a county that is not subject to the Property Tax Extension Limitation Law may file a petition for a referendum (currently, only the county board by resolution or ordinance) to the voters of the county on the question of whether to make all non-home rule taxing districts that have all or a portion of their equalized assessed valuation situated in the county subject to the Property Tax Extension Limitation Law. Provides petition requirements. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-03-31 - Rule 19(a) / Re-referred to Rules Committee [HB3230 Detail]

Download: Illinois-2017-HB3230-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3230

Introduced , by Rep. Reginald Phillips

SYNOPSIS AS INTRODUCED:
35 ILCS 200/18-213

Amends the Property Tax Extension Limitation Law of the Property Tax Code. Provides that a resident of a county that is not subject to the Property Tax Extension Limitation Law may file a petition for a referendum (currently, only the county board by resolution or ordinance) to the voters of the county on the question of whether to make all non-home rule taxing districts that have all or a portion of their equalized assessed valuation situated in the county subject to the Property Tax Extension Limitation Law. Provides petition requirements. Effective immediately.
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FISCAL NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Property Tax Code is amended by changing
5Section 18-213 as follows:
6 (35 ILCS 200/18-213)
7 Sec. 18-213. Referenda on applicability of the Property Tax
8Extension Limitation Law.
9 (a) The provisions of this Section do not apply to a taxing
10district subject to this Law because a majority of its 1990
11equalized assessed value is in a county or counties contiguous
12to a county of 3,000,000 or more inhabitants, or because a
13majority of its 1994 equalized assessed value is in an affected
14county and the taxing district was not subject to this Law
15before the 1995 levy year.
16 (b) The county board of a county that is not subject to
17this Law may, by ordinance or resolution, submit to the voters
18of the county the question of whether to make all non-home rule
19taxing districts that have all or a portion of their equalized
20assessed valuation situated in the county subject to this Law
21in the manner set forth in this Section.
22 For purposes of this Section only:
23 "Taxing district" has the same meaning provided in Section

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11-150.
2 "Equalized assessed valuation" means the equalized
3assessed valuation for a taxing district for the immediately
4preceding levy year.
5 (b-5) A resident of a county that is not subject to this
6Law may, through a petition and referendum, submit to the
7voters of the county the question of whether to make all
8non-home rule taxing districts that have all or a portion of
9their equalized assessed valuation situated in the county
10subject to this Law in the manner set forth in this Section.
11 A petition filed with the clerk or secretary shall be
12signed by electors numbering the greater of (i) 7.5% of the
13registered voters in the governmental unit, or (ii) 200 of
14those registered voters or 15% of those registered voters,
15whichever is less, asking that all non-home rule taxing
16districts that have all or a portion of their equalized
17assessed valuation situated in the county become subject to the
18Property Tax Extension Limitation Law be submitted to
19referendum, the clerk or secretary shall certify such question
20for submission at an election held in accordance with the
21general election law.
22 (c) The ordinance or resolution shall request the
23submission of the proposition at any election, except a
24consolidated primary election, for the purpose of voting for or
25against making the Property Tax Extension Limitation Law
26applicable to all non-home rule taxing districts that have all

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1or a portion of their equalized assessed valuation situated in
2the county.
3 The question shall be placed on a separate ballot and shall
4be in substantially the following form:
5 Shall the Property Tax Extension Limitation Law (35
6 ILCS 200/18-185 through 18-245), which limits annual
7 property tax extension increases, apply to non-home rule
8 taxing districts with all or a portion of their equalized
9 assessed valuation located in (name of county)?
10Votes on the question shall be recorded as "yes" or "no".
11 (d) The county clerk shall order the proposition submitted
12to the electors of the county at the election specified in the
13ordinance or resolution. If part of the county is under the
14jurisdiction of a board or boards of election commissioners,
15the county clerk shall submit a certified copy of the ordinance
16or resolution to each board of election commissioners, which
17shall order the proposition submitted to the electors of the
18taxing district within its jurisdiction at the election
19specified in the ordinance or resolution.
20 (e) (1) With respect to taxing districts having all of
21 their equalized assessed valuation located in the county,
22 if a majority of the votes cast on the proposition are in
23 favor of the proposition, then this Law becomes applicable
24 to the taxing district beginning on January 1 of the year
25 following the date of the referendum.
26 (2) With respect to taxing districts that meet all the

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1 following conditions this Law shall become applicable to
2 the taxing district beginning on January 1, 1997. The
3 districts to which this paragraph (2) is applicable
4 (A) do not have all of their equalized assessed
5 valuation located in a single county,
6 (B) have equalized assessed valuation in an
7 affected county,
8 (C) meet the condition that each county, other than
9 an affected county, in which any of the equalized
10 assessed valuation of the taxing district is located
11 has held a referendum under this Section at any
12 election, except a consolidated primary election, held
13 prior to the effective date of this amendatory Act of
14 1997, and
15 (D) have a majority of the district's equalized
16 assessed valuation located in one or more counties in
17 each of which the voters have approved a referendum
18 under this Section prior to the effective date of this
19 amendatory Act of 1997. For purposes of this Section,
20 in determining whether a majority of the equalized
21 assessed valuation of the taxing district is located in
22 one or more counties in which the voters have approved
23 a referendum under this Section, the equalized
24 assessed valuation of the taxing district in any
25 affected county shall be included with the equalized
26 assessed value of the taxing district in counties in

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1 which the voters have approved the referendum.
2 (3) With respect to taxing districts that do not have
3 all of their equalized assessed valuation located in a
4 single county and to which paragraph (2) of subsection (e)
5 is not applicable, if each county other than an affected
6 county in which any of the equalized assessed valuation of
7 the taxing district is located has held a referendum under
8 this Section at any election, except a consolidated primary
9 election, held in any year and if a majority of the
10 equalized assessed valuation of the taxing district is
11 located in one or more counties that have each approved a
12 referendum under this Section, then this Law shall become
13 applicable to the taxing district on January 1 of the year
14 following the year in which the last referendum in a county
15 in which the taxing district has any equalized assessed
16 valuation is held. For the purposes of this Law, the last
17 referendum shall be deemed to be the referendum making this
18 Law applicable to the taxing district. For purposes of this
19 Section, in determining whether a majority of the equalized
20 assessed valuation of the taxing district is located in one
21 or more counties that have approved a referendum under this
22 Section, the equalized assessed valuation of the taxing
23 district in any affected county shall be included with the
24 equalized assessed value of the taxing district in counties
25 that have approved the referendum.
26 (f) Immediately after a referendum is held under this

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1Section, the county clerk of the county holding the referendum
2shall give notice of the referendum having been held and its
3results to all taxing districts that have all or a portion of
4their equalized assessed valuation located in the county, the
5county clerk of any other county in which any of the equalized
6assessed valuation of any taxing district is located, and the
7Department of Revenue. After the last referendum affecting a
8multi-county taxing district is held, the Department of Revenue
9shall determine whether the taxing district is subject to this
10Law and, if so, shall notify the taxing district and the county
11clerks of all of the counties in which a portion of the
12equalized assessed valuation of the taxing district is located
13that, beginning the following January 1, the taxing district is
14subject to this Law. For each taxing district subject to
15paragraph (2) of subsection (e) of this Section, the Department
16of Revenue shall notify the taxing district and the county
17clerks of all of the counties in which a portion of the
18equalized assessed valuation of the taxing district is located
19that, beginning January 1, 1997, the taxing district is subject
20to this Law.
21 (g) Referenda held under this Section shall be conducted in
22accordance with the Election Code.
23(Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
24 Section 99. Effective date. This Act takes effect upon
25becoming law.
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