Full Text of SB3134 96th General Assembly
SB3134sam001 96TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 3/11/2010
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09600SB3134sam001 |
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LRB096 20281 RLJ 38735 a |
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| AMENDMENT TO SENATE BILL 3134
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| AMENDMENT NO. ______. Amend Senate Bill 3134 on page 1, by | 3 |
| replacing line 5 with the following:
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| "changing Sections 8-11-1.1, 8-11-1.3, 8-11-1.4, and 8-11-1.5 | 5 |
| as follows: | 6 |
| (65 ILCS 5/8-11-1.1) (from Ch. 24, par. 8-11-1.1) | 7 |
| Sec. 8-11-1.1. Non-home rule municipalities; imposition of | 8 |
| taxes. | 9 |
| (a) The corporate authorities of a non-home rule
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| municipality
may, upon approval of the electors of the | 11 |
| municipality pursuant to
subsection (b) of this Section, impose | 12 |
| by ordinance or resolution the tax authorized in Sections | 13 |
| 8-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act. | 14 |
| (b) The corporate authorities of the municipality may by | 15 |
| ordinance or
resolution call for the submission to the electors | 16 |
| of the municipality
the question of whether the municipality | 17 |
| shall impose such tax. Such
question shall be certified by the |
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LRB096 20281 RLJ 38735 a |
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| municipal clerk to the election
authority in accordance with | 2 |
| Section 28-5 of the Election Code and shall be
in a form in | 3 |
| accordance with Section 16-7 of the Election Code. | 4 |
| Notwithstanding any provision of law to the contrary, if | 5 |
| the proceeds of the tax may be used for municipal operations | 6 |
| pursuant to Section 8-11-1.3, 8-11-1.4, or 8-11-1.5, then the | 7 |
| election authority must submit the question in substantially | 8 |
| the following form: | 9 |
| Shall the corporate authorities of the municipality be | 10 |
| authorized to levy a tax at a rate of (rate)% for | 11 |
| expenditures on municipal operations, expenditures on | 12 |
| public infrastructure, or property tax relief? | 13 |
| If a majority of the electors in the municipality voting | 14 |
| upon the
question vote in the affirmative, such tax shall be | 15 |
| imposed. | 16 |
| An ordinance or resolution imposing the tax of not more | 17 |
| than 1% hereunder or
discontinuing the same shall be adopted | 18 |
| and a certified copy thereof,
together with a certification | 19 |
| that the ordinance or resolution received
referendum approval | 20 |
| in the case of the imposition of such tax, filed with
the | 21 |
| Department of Revenue, on or before the first day of June, | 22 |
| whereupon
the Department shall proceed to administer and | 23 |
| enforce
the additional tax or to discontinue the tax, as the | 24 |
| case may be, as of the
first day of September next following | 25 |
| such adoption and filing.
Beginning January 1, 1992, an | 26 |
| ordinance or resolution imposing
or discontinuing the tax |
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LRB096 20281 RLJ 38735 a |
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| hereunder shall be adopted and a certified copy
thereof filed | 2 |
| with the Department on or before the first day of July,
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| whereupon the Department shall proceed to administer and | 4 |
| enforce this
Section as of the first day of October next | 5 |
| following such adoption and filing.
Beginning January 1, 1993, | 6 |
| an ordinance or resolution imposing or
discontinuing the tax | 7 |
| hereunder shall be adopted and a certified copy
thereof filed | 8 |
| with the Department on or before the first day of October,
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| whereupon the Department shall proceed to administer and | 10 |
| enforce this
Section as of the first day of January next | 11 |
| following such adoption and filing.
Beginning October 1, 2002, | 12 |
| an ordinance or resolution imposing or
discontinuing the tax
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| under this Section or effecting a change in the rate of tax | 14 |
| must either (i) be
adopted
and a
certified copy of the | 15 |
| ordinance or resolution filed with the Department on or
before | 16 |
| the first day
of April,
whereupon the Department shall proceed | 17 |
| to administer and enforce this Section
as of the
first day of | 18 |
| July next following the adoption and filing; or (ii) be adopted
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| and a certified
copy of the ordinance or resolution filed with | 20 |
| the Department on or before the
first day
of October,
whereupon | 21 |
| the Department shall proceed to administer and enforce this | 22 |
| Section
as of the
first day of January next following the | 23 |
| adoption and filing.
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| Notwithstanding any provision in this Section to the | 25 |
| contrary, if, in a non-home rule municipality with more than | 26 |
| 150,000 but fewer than 200,000 inhabitants, as determined by |
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LRB096 20281 RLJ 38735 a |
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| the last preceding federal decennial census, an ordinance or | 2 |
| resolution under this Section imposes or discontinues a tax or | 3 |
| changes the tax rate as of July 1, 2007, then that ordinance or | 4 |
| resolution, together with a certification that the
ordinance or | 5 |
| resolution received referendum approval in the case of the
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| imposition of the tax, must be adopted and a certified copy of | 7 |
| that ordinance or resolution must be filed with the Department | 8 |
| on or before May 15, 2007, whereupon the Department shall | 9 |
| proceed to administer and enforce this Section as of July 1, | 10 |
| 2007.
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| Notwithstanding any provision in this Section to the | 12 |
| contrary, if, in a non-home rule municipality with more than | 13 |
| 6,500 but fewer than 7,000 inhabitants, as determined by the | 14 |
| last preceding federal decennial census, an ordinance or | 15 |
| resolution under this Section imposes or discontinues a tax or | 16 |
| changes the tax rate on or before May 20, 2009, then that | 17 |
| ordinance or resolution, together with a certification that the
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| ordinance or resolution received referendum approval in the | 19 |
| case of the
imposition of the tax, must be adopted and a | 20 |
| certified copy of that ordinance or resolution must be filed | 21 |
| with the Department on or before May 20, 2009, whereupon the | 22 |
| Department shall proceed to administer and enforce this Section | 23 |
| as of July 1, 2009. | 24 |
| A non-home rule municipality may file
a
certified copy of | 25 |
| an ordinance or resolution, with a certification that the
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| ordinance or resolution received referendum approval in the |
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LRB096 20281 RLJ 38735 a |
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| case of the
imposition of the tax, with the
Department of | 2 |
| Revenue, as required under this Section, only after October 2,
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| 2000. | 4 |
| The tax authorized by this Section may not be more than 1% | 5 |
| and
may be imposed only in 1/4% increments. | 6 |
| (Source: P.A. 95-8, eff. 6-29-07; 96-10, eff. 5-20-09.)".
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