Bill Text: IL HB5061 | 2013-2014 | 98th General Assembly | Amended
Bill Title: Amends the Property Tax Code. Makes a technical change in a Section concerning the definition of "33 1/3%".
Sponsorship: Slight Partisan Bill (Republican 2-1)
Status: (Failed) 2014-12-03 - Session Sine Die [HB5061 Detail]
Download: Illinois-2013-HB5061-Amended.html
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| 1 | AMENDMENT TO HOUSE BILL 5061
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| 2 | AMENDMENT NO. ______. Amend House Bill 5061 by replacing | ||||||
| 3 | everything after the enacting clause with the following:
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| 4 | "Section 5. The Property Tax Code is amended by changing | ||||||
| 5 | Sections 27-30 and 27-55 as follows:
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| 6 | (35 ILCS 200/27-30)
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| 7 | Sec. 27-30. Manner of notice. Prior to or within 60 days | ||||||
| 8 | after the adoption
of the ordinance proposing the establishment | ||||||
| 9 | of a special service area the
municipality or county shall fix | ||||||
| 10 | a time and a place for a public hearing.
The public hearing | ||||||
| 11 | shall be held not less than 60 days after the adoption of the | ||||||
| 12 | ordinance proposing the establishment of a special service | ||||||
| 13 | area. Notice of the hearing shall be given by publication and | ||||||
| 14 | mailing, except that
notice of a public hearing to propose the | ||||||
| 15 | establishment of a special service
area for weather | ||||||
| 16 | modification purposes may be given by publication only.
Notice | ||||||
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| 1 | by publication shall be given by publication at least once not | ||||||
| 2 | less than
15 days prior to the hearing in a newspaper of | ||||||
| 3 | general circulation within the
municipality or county. Notice | ||||||
| 4 | by mailing shall be given by depositing the
notice in the | ||||||
| 5 | United States mails addressed to the person or persons in whose
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| 6 | name the general taxes for the last preceding year were paid on | ||||||
| 7 | each property
lying within the special service area. A notice
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| 8 | shall be mailed not less than 10 days prior to the time set for | ||||||
| 9 | the public
hearing. In the event taxes for the last preceding | ||||||
| 10 | year were not paid, the
notice shall be sent to the person last | ||||||
| 11 | listed on the tax rolls prior to
that year as the owner of the | ||||||
| 12 | property. A list of the names and addresses of the individuals | ||||||
| 13 | and entities to whom the notice will be sent by mail shall be | ||||||
| 14 | published at the time notice is given and shall be available at | ||||||
| 15 | the public hearing.
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| 16 | (Source: P.A. 97-1053, eff. 1-1-13.)
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| 17 | (35 ILCS 200/27-55)
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| 18 | Sec. 27-55. Authorization Objection petition. | ||||||
| 19 | Notwithstanding any other provision of law, on and after the | ||||||
| 20 | effective date of this amendatory Act of the 98th General | ||||||
| 21 | Assembly, no special service area may be created or enlarged; | ||||||
| 22 | no special service area tax may be levied, imposed, or | ||||||
| 23 | increased; and no bonds may be issued for the provision of | ||||||
| 24 | special services within the area, unless If a petition signed | ||||||
| 25 | by at least 51% of the taxpayers of record of all property
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| 1 | electors residing within the special service area or and by at | ||||||
| 2 | least 51% of the
taxpayers owners of record of the land | ||||||
| 3 | included within the boundaries of the special
service area is | ||||||
| 4 | filed with the municipal clerk or county clerk, as the case may
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| 5 | be, authorizing within 60 days following the final adjournment | ||||||
| 6 | of the public hearing,
objecting to the creation of the special | ||||||
| 7 | service district, the enlargement of
the area, the levy or | ||||||
| 8 | imposition of a tax or the issuance of bonds for the
provision | ||||||
| 9 | of special services to the area, or to a proposed increase in | ||||||
| 10 | the tax
rate, as the case may be. The petition must be filed | ||||||
| 11 | within 60 days following the final adjournment of the public | ||||||
| 12 | hearing. Only one taxpayer of record may sign an authorization | ||||||
| 13 | petition for any single property index number within the | ||||||
| 14 | proposed special service area. For the purposes of signing the | ||||||
| 15 | petition, "taxpayer of record" means either (i) any person in | ||||||
| 16 | whose name the general taxes for the last preceding year were | ||||||
| 17 | paid, as demonstrated by a copy of the tax bill or | ||||||
| 18 | documentation from the assessor or clerk, or (ii) any person in | ||||||
| 19 | whose name title is held, as demonstrated by a copy of the last | ||||||
| 20 | recorded deed to the property. Any authorized agent may sign a | ||||||
| 21 | petition on behalf of an entity, and that person's | ||||||
| 22 | certification of his or her authority to sign shall be | ||||||
| 23 | presumptive evidence of his or her authority to sign. A | ||||||
| 24 | beneficiary of a land trust may sign the petition with respect | ||||||
| 25 | to the property held by that land trust, and that person's | ||||||
| 26 | certification that he or she is a beneficiary shall be | ||||||
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| 1 | presumptive evidence of his or her authorization to sign. | ||||||
| 2 | Taxpayers , the district shall not be created or enlarged, or | ||||||
| 3 | the tax shall not be
levied or imposed nor the rate increased, | ||||||
| 4 | or no bonds may be issued. The
subject matter of the petition | ||||||
| 5 | shall not be proposed relative to any
signatories of the | ||||||
| 6 | petition within the next 2 years. Each resident of the
special | ||||||
| 7 | service area registered to vote at the time of the public | ||||||
| 8 | hearing held
with regard to the special service area shall be | ||||||
| 9 | considered an elector. Each
person in whose name legal title to | ||||||
| 10 | land included within the boundaries of the
special service area | ||||||
| 11 | is held according to the records of the county in which
the | ||||||
| 12 | land is located shall be considered an owner of record. Owners | ||||||
| 13 | of record
shall be determined at the time of the public hearing | ||||||
| 14 | held with regard to a
special service area. Land owned in the | ||||||
| 15 | name of a land trust, corporation,
estate or partnership shall | ||||||
| 16 | be considered to have a single owner of record.
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| 17 | (Source: P.A. 82-640; 88-455.)
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| 18 | Section 99. Effective date. This Act takes effect upon | ||||||
| 19 | becoming law.".
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