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| | 98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014 HB3159 Introduced , by Rep. Jeanne M Ives SYNOPSIS AS INTRODUCED: |
| 35 ILCS 200/27-5 | | 35 ILCS 200/27-30 | | 35 ILCS 200/27-55 | |
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Amends the Property Tax Code. In the Special Service Area Tax Law, provides that the term "special services" means certain specified infrastructure projects (instead of all forms of services) pertaining to the
government and affairs of the municipality or county. Provides that a list of the names and addresses of the individuals and entities to whom notice of the public hearing concerning the establishment of a special service
area was sent by mail shall be published at the time notice was given and made available at the public hearing. Provides that no special service area may be created or enlarged; no special service area tax may be levied, imposed, or increased; and no bonds may be issued in connection with a special service area, unless an authorization petition is filed with the municipal clerk or county clerk. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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1 | | AN ACT concerning revenue.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Property Tax Code is amended by changing |
5 | | Sections 27-5, 27-30, and 27-55 as follows:
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6 | | (35 ILCS 200/27-5)
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7 | | Sec. 27-5. Short title; definitions. This Article may be |
8 | | cited as the
Special Service Area Tax Law.
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9 | | When used in this Article:
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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 |
17 | | certain completely surrounded portions of the
territory are |
18 | | excluded from the special service area. A county may create
a |
19 | | special service area within a municipality or municipalities |
20 | | when the
municipality or municipalities consent to the creation |
21 | | of the special
service area. A municipality may create a |
22 | | special service area within a
municipality and the |
23 | | unincorporated area of a county or within another
municipality |
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1 | | when the county or other municipality consents to the creation
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2 | | of the special service area.
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3 | | "Special Services" means infrastructure projects all forms |
4 | | of services pertaining to the
government and affairs of the |
5 | | municipality or county, including
municipal roads and streets, |
6 | | public parks, access roads, bridges, sidewalks, waste disposal |
7 | | systems, water and sewer line extensions, water distribution |
8 | | and purification facilities, storm water drainage and |
9 | | retention facilities, sewage treatment facilities, but not |
10 | | limited to weather modification and improvements permissible |
11 | | under
Article 9 of the Illinois Municipal Code, and contracts |
12 | | for the supply of
water as described in Section 11-124-1 of the |
13 | | Illinois Municipal Code which
may be entered into by the |
14 | | municipality or by the county on behalf of a
county service |
15 | | area.
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16 | | (Source: P.A. 86-1324; 88-445.)
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17 | | (35 ILCS 200/27-30)
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18 | | Sec. 27-30. Manner of notice. Prior to or within 60 days |
19 | | after the adoption
of the ordinance proposing the establishment |
20 | | of a special service area the
municipality or county shall fix |
21 | | a time and a place for a public hearing.
The public hearing |
22 | | shall be held not less than 60 days after the adoption of the |
23 | | ordinance proposing the establishment of a special service |
24 | | area. Notice of the hearing shall be given by publication and |
25 | | mailing, except that
notice of a public hearing to propose the |
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1 | | establishment of a special service
area for weather |
2 | | modification purposes may be given by publication only.
Notice |
3 | | by publication shall be given by publication at least once not |
4 | | less than
15 days prior to the hearing in a newspaper of |
5 | | general circulation within the
municipality or county. Notice |
6 | | by mailing shall be given by depositing the
notice in the |
7 | | United States mails addressed to the person or persons in whose
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8 | | name the general taxes for the last preceding year were paid on |
9 | | each property
lying within the special service area. A notice
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10 | | shall be mailed not less than 10 days prior to the time set for |
11 | | the public
hearing. In the event taxes for the last preceding |
12 | | year were not paid, the
notice shall be sent to the person last |
13 | | listed on the tax rolls prior to
that year as the owner of the |
14 | | property. A list of the names and addresses of the individuals |
15 | | and entities to whom the notice will be sent by mail shall be |
16 | | published at the time notice is given and shall be available at |
17 | | the public hearing.
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18 | | (Source: P.A. 97-1053, eff. 1-1-13.)
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19 | | (35 ILCS 200/27-55)
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20 | | Sec. 27-55. Authorization Objection petition. |
21 | | Notwithstanding any other provision of law, on and after the |
22 | | effective date of this amendatory Act of the 98th General |
23 | | Assembly, no special service area may be created or enlarged; |
24 | | no special service area tax may be levied, imposed, or |
25 | | increased; and no bonds may be issued for the provision of |
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1 | | special services within the area, unless If a petition signed |
2 | | by at least 51% of the taxpayers of record of all property
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3 | | electors residing within the special service area or and by at |
4 | | least 51% of the
taxpayers owners of record of the land |
5 | | included within the boundaries of the special
service area is |
6 | | filed with the municipal clerk or county clerk, as the case may
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7 | | be, authorizing within 60 days following the final adjournment |
8 | | of the public hearing,
objecting to the creation of the special |
9 | | service district, the enlargement of
the area, the levy or |
10 | | imposition of a tax or the issuance of bonds for the
provision |
11 | | of special services to the area, or to a proposed increase in |
12 | | the tax
rate , as the case may be. The petition must be filed |
13 | | within 60 days following the final adjournment of the public |
14 | | hearing. Such a petition may be signed by the taxpayer of |
15 | | record or by his or her designee; however, if more than one |
16 | | person is authorized to sign the petition for a single parcel |
17 | | of property, only one signature shall be counted. , the district |
18 | | shall not be created or enlarged, or the tax shall not be
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19 | | levied or imposed nor the rate increased, or no bonds may be |
20 | | issued. The
subject matter of the petition shall not be |
21 | | proposed relative to any
signatories of the petition within the |
22 | | next 2 years. Each resident of the
special service area |
23 | | registered to vote at the time of the public hearing held
with |
24 | | regard to the special service area shall be considered an |
25 | | elector. Each
person in whose name legal title to land included |
26 | | within the boundaries of the
special service area is held |
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1 | | according to the records of the county in which
the land is |
2 | | located shall be considered an owner of record. Owners of |
3 | | record
shall be determined at the time of the public hearing |
4 | | held with regard to a
special service area. Land owned in the |
5 | | name of a land trust, corporation,
estate or partnership shall |
6 | | be considered to have a single owner of record.
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7 | | (Source: P.A. 82-640; 88-455.)
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8 | | Section 99. Effective date. This Act takes effect upon |
9 | | becoming law.
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