093_SB0331

 
                                     LRB093 05295 MKM 05385 b

 1        AN ACT in relation to townships.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5. The  Township  Code  is  amended  by  changing
 5    Sections 185-5 and 185-10 as follows:

 6        (60 ILCS 1/185-5)
 7        Sec. 185-5.  Facilities and services; tax.
 8        (a)  A  township  may  provide facilities or services for
 9    the  benefit  of  its  residents  who  are  persons  with   a
10    developmental   disability   and  who  are  not  eligible  to
11    participate in any program conducted under Article 14 of  the
12    School  Code, or a township may contract for those facilities
13    or services with any privately or  publicly  operated  entity
14    that provides facilities or services either in or outside the
15    township.
16        (b)  For  the  purpose  described  in subsection (a), the
17    township board may, pursuant to the  referendum  requirements
18    in  Section  185-10, levy an annual tax of not more than 0.1%
19    of the value of all the taxable property in the township,  as
20    equalized or assessed by the Department of Revenue, upon that
21    property.   The tax shall be levied and collected in the same
22    manner as other township taxes but shall not be  included  in
23    any  limitation otherwise prescribed as to the rate or amount
24    of township taxes and shall be in addition to and  in  excess
25    of  other  township  taxes.  When collected, the tax shall be
26    paid into a special fund in the township treasury, designated
27    the "Fund for Persons with a Developmental  Disability",  and
28    shall,  together  with  any interest earned, be used only for
29    the purpose specified in this Article.
30    (Source: P.A. 90-210, eff. 7-25-97.)
 
                            -2-      LRB093 05295 MKM 05385 b
 1        (60 ILCS 1/185-10)
 2        Sec. 185-10.  Referendum.  A township may  levy  the  tax
 3    authorized  in  Section  185-5 by following the procedure set
 4    forth in subdivision  (a)  or  the  procedure  set  forth  in
 5    subdivision (a-1):
 6        (a)  Before  a tax may be levied under Section 185-5, The
 7    township board shall certify  that  question  to  the  proper
 8    election  officials,  who  shall submit the proposition at an
 9    election under the  general  election  law.  The  proposition
10    shall be in substantially the following form:
11             Shall  (name  of  township) be authorized to levy an
12        annual tax in excess  of  the  rate  for  other  township
13        purposes  but  not in excess of not more than 0.1% of the
14        value of all the taxable property in the township for the
15        purpose of providing services and facilities to residents
16        who are persons with a developmental disability?
17    The votes shall be recorded as "Yes" or "No".
18        (a-1)  The  township  shall   adopt   an   ordinance   or
19    resolution  levying  the  tax  and  cause  the  ordinance  or
20    resolution   to  be  published  in  one  or  more  newspapers
21    published in the township within 10 days after  the  levy  is
22    made.  If  no  newspaper  is  published  in the township, the
23    ordinance or resolution shall be  published  in  a  newspaper
24    having   general   circulation   within   the  township.  The
25    publication of the  ordinance  or  resolution  shall  include
26    notice  of  the  following: (1) the specific number of voters
27    required to sign a petition requesting that the  question  of
28    the  adoption  of  the tax levy be submitted to the voters of
29    the township; (2) the time within which the petition must  be
30    filed;  and  (3)  the date of the prospective referendum. The
31    town clerk must provide a petition  form  to  any  individual
32    requesting  one.  Any taxpayer in the township may, within 30
33    days after  publication,  file  with  the  township  clerk  a
34    petition  signed  by  10% or more of the registered voters in
 
                            -3-      LRB093 05295 MKM 05385 b
 1    the county, requesting the  submission  of  a  referendum  to
 2    voters in the county of the following proposition:
 3             Shall (name of township) be authorized to levy a tax
 4        in excess of the rate for other township purposes but not
 5        in  excess  of  0.1%  of  the  value  of  all the taxable
 6        property in the township for  the  purpose  of  providing
 7        services and facilities to residents who are persons with
 8        a developmental disability?
 9        The  town  clerk shall submit the proposition at the next
10    regular election in accordance with the general election law.
11        (b)  If  a  majority  of  the  voters   voting   on   the
12    proposition  vote in favor of it, or, if no valid petition is
13    filed  pursuant  to  subdivision  (a-1),  the  tax  levy   is
14    authorized.  If  a  majority  of  the  vote  is  against  the
15    proposition, the tax levy is not authorized.
16    (Source: P.A. 90-210, eff. 7-25-97.)

17        Section  99.  Effective date.  This Act takes effect upon
18    becoming law.