Bill Text: IL HB4043 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Creates the Local Government Property Tax Referendum Act. Provides that any referendum, initiative, proposition, or other ballot question which establishes a new tax, increases an existing tax, or gives a unit of local government the authority to establish a new tax or increase an existing tax shall only be submitted to the voters or electors at a general election. Excludes emergency referenda submitted to the voters or electors at times other than general elections. Makes similar changes to the Election Code, the Property Tax Code, the Counties Code, the Township Code, the Illinois Municipal Code, and the School Code.

Spectrum: Partisan Bill (Republican 3-0)

Status: (Introduced) 2017-05-16 - Added Chief Co-Sponsor Rep. Sheri Jesiel [HB4043 Detail]

Download: Illinois-2017-HB4043-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4043

Introduced , by Rep. Mark Batinick

SYNOPSIS AS INTRODUCED:
New Act
10 ILCS 5/28-8.2 new
35 ILCS 200/18-53 new
55 ILCS 5/5-1005.7 new
60 ILCS 1/235-12 new
65 ILCS 5/8-3-20 new
105 ILCS 5/17-3.4 from Ch. 122, par. 17-3.4
105 ILCS 5/17-11.3 new

Creates the Local Government Property Tax Referendum Act. Provides that any referendum, initiative, proposition, or other ballot question which establishes a new tax, increases an existing tax, or gives a unit of local government the authority to establish a new tax or increase an existing tax shall only be submitted to the voters or electors at a general election. Excludes emergency referenda submitted to the voters or electors at times other than general elections. Makes similar changes to the Election Code, the Property Tax Code, the Counties Code, the Township Code, the Illinois Municipal Code, and the School Code.
LRB100 12319 AWJ 24967 b

A BILL FOR

HB4043LRB100 12319 AWJ 24967 b
1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 1. Short title. This Act may be cited as the Local
5Government Property Tax Referendum Act.
6 Section 5. Referendum to establish or increase tax.
7Notwithstanding any other provision of law, any referendum,
8initiative, proposition, or other ballot question which
9establishes a new tax, increases an existing tax, or gives a
10unit of local government the authority to establish a new tax
11or increase an existing tax shall only be submitted to the
12voters or electors at general elections. However, nothing in
13this Section prevents emergency referenda under Section 2A-1.4
14of the Election Code from being submitted to the voters or
15electors at times other than general elections.
16 Section 900. The Election Code is amended by adding Section
1728-8.2 as follows:
18 (10 ILCS 5/28-8.2 new)
19 Sec. 28-8.2. Referendum to establish or increase tax.
20Notwithstanding any other provision of law, any referendum,
21initiative, proposition, or other ballot question which

HB4043- 2 -LRB100 12319 AWJ 24967 b
1establishes a new tax, increases an existing tax, or gives a
2unit of local government or school district the authority to
3establish a new tax or increase an existing tax shall only be
4submitted to the voters or electors at general elections.
5However, nothing in this Section prevents emergency referenda
6under Section 2A-1.4 of the Election Code from being submitted
7to the voters or electors at times other than general
8elections.
9 Section 905. The Property Tax Code is amended by adding
10Section 18-53 as follows:
11 (35 ILCS 200/18-53 new)
12 Sec. 18-53. Referendum to establish or increase tax.
13Notwithstanding any other provision of law, any referendum,
14initiative, proposition, or other ballot question which
15establishes a new tax, increases an existing tax, or gives a
16unit of local government or school district the authority to
17establish a new tax or increase an existing tax shall only be
18submitted to the voters or electors at general elections.
19However, nothing in this Section prevents emergency referenda
20under Section 2A-1.4 of the Election Code from being submitted
21to the voters or electors at times other than general
22elections.
23 Section 910. The Counties Code is amended by adding Section

HB4043- 3 -LRB100 12319 AWJ 24967 b
15-1005.7 as follows:
2 (55 ILCS 5/5-1005.7 new)
3 Sec. 5-1005.7. Referendum to establish or increase tax.
4Notwithstanding any other provision of law, any referendum,
5initiative, proposition, or other ballot question which
6establishes a new tax, increases an existing tax, or gives a
7county the authority to establish a new tax or increase an
8existing tax shall only be submitted to the voters or electors
9at general elections. However, nothing in this Section prevents
10emergency referenda under Section 2A-1.4 of the Election Code
11from being submitted to the voters or electors at times other
12than general elections.
13 Section 915. The Township Code is amended by adding Section
14235-12 as follows:
15 (60 ILCS 1/235-12 new)
16 Sec. 235-12. Referendum to establish or increase tax.
17Notwithstanding any other provision of law, any referendum,
18initiative, proposition, or other ballot question which
19establishes a new tax, increases an existing tax, or gives a
20township the authority to establish a new tax or increase an
21existing tax shall only be submitted to the voters or electors
22at general elections. However, nothing in this Section prevents
23emergency referenda under Section 2A-1.4 of the Election Code

HB4043- 4 -LRB100 12319 AWJ 24967 b
1from being submitted to the voters or electors at times other
2than general elections.
3 Section 920. The Illinois Municipal Code is amended by
4adding Section 8-3-20 as follows:
5 (65 ILCS 5/8-3-20 new)
6 Sec. 8-3-20. Referendum to establish or increase tax.
7Notwithstanding any other provision of law, any referendum,
8initiative, proposition, or other ballot question which
9establishes a new tax, increases an existing tax, or gives a
10municipality the authority to establish a new tax or increase
11an existing tax shall only be submitted to the voters or
12electors at general elections. However, nothing in this Section
13prevents emergency referenda under Section 2A-1.4 of the
14Election Code from being submitted to the voters or electors at
15times other than general elections.
16 Section 925. The School Code is amended by changing Section
1717-3.4 and by adding Section 17-11.3 as follows:
18 (105 ILCS 5/17-3.4) (from Ch. 122, par. 17-3.4)
19 Sec. 17-3.4. Form of ballot and notice. Except as otherwise
20provided under subsection (d) of Section 17-6.1 or Section
2117-11.3, whenever any proposition to authorize or to levy an
22annual tax, or to increase the annual rate of tax levied by any

HB4043- 5 -LRB100 12319 AWJ 24967 b
1school district, for any school purpose is submitted to the
2voters of such district at any election, each required notice
3or other publication of the election or referendum and the form
4of ballot shall contain, in addition to any other matters
5required by law:
6 (a) the geographic or other common name of the school
7district by which that district is commonly known and referred
8to, as well as the number of the district;
9 (b) the maximum rate at which such tax may be levied if the
10proposition is approved;
11 (c) the total dollar amount of the most recently approved
12annual budget of the school district, what the total dollar
13amount of that annual budget would be if increased by the
14amount of additional tax which may be levied if the proposition
15is approved, and what would be the percentage of increase in
16the total dollar amount of the most recently approved annual
17budget of the school district if such total dollar amount were
18increased by the amount of additional tax which may be levied
19if the proposition is approved; and
20 (d) if the proposition is to increase the annual rate of an
21existing tax levied by the school district, then in addition to
22the matters set forth in (a), (b) and (c) above, the annual
23rate at which such existing tax currently is levied and the
24percentage of increase between the maximum rate at which such
25tax may be levied if the proposition is approved and the annual
26rate at which such tax currently is levied.

HB4043- 6 -LRB100 12319 AWJ 24967 b
1(Source: P.A. 86-579; 86-1318.)
2 (105 ILCS 5/17-11.3 new)
3 Sec. 17-11.3. Referendum to establish or increase tax.
4Notwithstanding any other provision of law, any referendum,
5initiative, proposition, or other ballot question which
6establishes a new tax, increases an existing tax, or gives a
7school district the authority to establish a new tax or
8increase an existing tax shall only be submitted to the voters
9or electors at general elections. However, nothing in this
10Section prevents emergency referenda under Section 2A-1.4 of
11the Election Code from being submitted to the voters or
12electors at times other than general elections.
feedback