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 tothe referendum requirements18inSection 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 ofnot more than0.1% 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.