Bill Text: IL HB3908 | 2011-2012 | 97th General Assembly | Introduced

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Bill Title: Amends the Property Tax Extension Limitation Law of the Property Tax Code. Provides that, in a county that is not subject to the Law, the registered voters within the county may file a petition with the county clerk requesting the county board to submit to the voters of the county 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 Law. Provides that, if 10% of the registered voters within the county sign the petition, then the county board shall submit the question. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Failed) 2013-01-08 - Session Sine Die [HB3908 Detail]

Download: Illinois-2011-HB3908-Introduced.html

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97TH GENERAL ASSEMBLY State of Illinois 2011 and 2012 HB3908 Introduced , by Rep. Dwight Kay SYNOPSIS AS INTRODUCED:
35 ILCS 200/18-213
Amends the Property Tax Extension Limitation Law of the Property Tax Code. Provides that, in a county that is not subject to the Law, the registered voters within the county may file a petition with the county clerk requesting the county board to submit to the voters of the county 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 Law. Provides that, if 10% of the registered voters within the county sign the petition, then the county board shall submit the question. Effective immediately.
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FISCAL NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
A BILL FOR
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AN ACT concerning revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Section 18-213 as follows:
(35 ILCS 200/18-213)
Sec. 18-213. Referenda on applicability of the Property Tax
Extension Limitation Law.
(a) The provisions of this Section do not apply to a taxing
district subject to this Law because a majority of its 1990
equalized assessed value is in a county or counties contiguous
to a county of 3,000,000 or more inhabitants, or because a
majority of its 1994 equalized assessed value is in an affected
county and the taxing district was not subject to this Law
before the 1995 levy year.
(b) The county board of a county that is not subject to
this Law may, by ordinance or resolution, submit to the voters
of the county 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 this Law
in the manner set forth in this Section.
For purposes of this Section only:
"Taxing district" has the same meaning provided in Section

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1-150.
"Equalized assessed valuation" means the equalized
assessed valuation for a taxing district for the immediately
preceding levy year.
(b-5) In a county that is not subject to this Law, the
registered voters within the county may file a petition with
the county clerk requesting that the county board adopt an
ordinance to submit to the voters of the county 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 this Law in the manner set forth in
this Section. If the county clerk certifies that the petition
contains the signatures of 10% of the registered voters within
the county, then the county board shall adopt an ordinance to
submit the question to the voters of the county.
(c) The ordinance or resolution shall request the
submission of the proposition at any election, except a
consolidated primary election, for the purpose of voting for or
against making the Property Tax Extension Limitation Law
applicable to all non-home rule taxing districts that have all
or a portion of their equalized assessed valuation situated in
the county.
The question shall be placed on a separate ballot and shall
be in substantially the following form:
Shall the Property Tax Extension Limitation Law (35
ILCS 200/18-185 through 18-245), which limits annual

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property tax extension increases, apply to non-home rule
taxing districts with all or a portion of their equalized
assessed valuation located in (name of county)?
Votes on the question shall be recorded as "yes" or "no".
(d) The county clerk shall order the proposition submitted
to the electors of the county at the election specified in the
ordinance or resolution. If part of the county is under the
jurisdiction of a board or boards of election commissioners,
the county clerk shall submit a certified copy of the ordinance
or resolution to each board of election commissioners, which
shall order the proposition submitted to the electors of the
taxing district within its jurisdiction at the election
specified in the ordinance or resolution.
(e) (1) With respect to taxing districts having all of
their equalized assessed valuation located in the county,
if a majority of the votes cast on the proposition are in
favor of the proposition, then this Law becomes applicable
to the taxing district beginning on January 1 of the year
following the date of the referendum.
(2) With respect to taxing districts that meet all the
following conditions this Law shall become applicable to
the taxing district beginning on January 1, 1997. The
districts to which this paragraph (2) is applicable
(A) do not have all of their equalized assessed
valuation located in a single county,
(B) have equalized assessed valuation in an

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affected county,
(C) meet the condition that each county, other than
an affected county, in which any of the equalized
assessed valuation of the taxing district is located
has held a referendum under this Section at any
election, except a consolidated primary election, held
prior to the effective date of this amendatory Act of
1997, and
(D) have a majority of the district's equalized
assessed valuation located in one or more counties in
each of which the voters have approved a referendum
under this Section prior to the effective date of this
amendatory Act of 1997. For purposes of this Section,
in determining whether a majority of the equalized
assessed valuation of the taxing district is located in
one or more counties in which the voters have approved
a referendum under this Section, the equalized
assessed valuation of the taxing district in any
affected county shall be included with the equalized
assessed value of the taxing district in counties in
which the voters have approved the referendum.
(3) With respect to taxing districts that do not have
all of their equalized assessed valuation located in a
single county and to which paragraph (2) of subsection (e)
is not applicable, if each county other than an affected
county in which any of the equalized assessed valuation of

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the taxing district is located has held a referendum under
this Section at any election, except a consolidated primary
election, held in any year and if a majority of the
equalized assessed valuation of the taxing district is
located in one or more counties that have each approved a
referendum under this Section, then this Law shall become
applicable to the taxing district on January 1 of the year
following the year in which the last referendum in a county
in which the taxing district has any equalized assessed
valuation is held. For the purposes of this Law, the last
referendum shall be deemed to be the referendum making this
Law applicable to the taxing district. For purposes of this
Section, in determining whether a majority of the equalized
assessed valuation of the taxing district is located in one
or more counties that have approved a referendum under this
Section, the equalized assessed valuation of the taxing
district in any affected county shall be included with the
equalized assessed value of the taxing district in counties
that have approved the referendum.
(f) Immediately after a referendum is held under this
Section, the county clerk of the county holding the referendum
shall give notice of the referendum having been held and its
results to all taxing districts that have all or a portion of
their equalized assessed valuation located in the county, the
county clerk of any other county in which any of the equalized
assessed valuation of any taxing district is located, and the

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Department of Revenue. After the last referendum affecting a
multi-county taxing district is held, the Department of Revenue
shall determine whether the taxing district is subject to this
Law and, if so, shall notify the taxing district and the county
clerks of all of the counties in which a portion of the
equalized assessed valuation of the taxing district is located
that, beginning the following January 1, the taxing district is
subject to this Law. For each taxing district subject to
paragraph (2) of subsection (e) of this Section, the Department
of Revenue shall notify the taxing district and the county
clerks of all of the counties in which a portion of the
equalized assessed valuation of the taxing district is located
that, beginning January 1, 1997, the taxing district is subject
to this Law.
(g) Referenda held under this Section shall be conducted in
accordance with the Election Code.
(Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
Section 99. Effective date. This Act takes effect upon
becoming law.