SB3114 93RD GENERAL ASSEMBLY

LRB093 14798 MKM 41551 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3114

Introduced 2/6/2004, by Christine Radogno

SYNOPSIS AS INTRODUCED:

70 ILCS 1205/5-2E new

Amends the Park District Code. Authorizes the disconnection from a park district of any territory of the park district located within a municipality that operates a supervised recreation system, maintains a permanent recreation facility, and levies taxes for the establishment, conduct, and maintenance of the supervised recreation system if the affected land owners are subject to a property tax levied by both governmental bodies for recreational services. Contains provisions concerning the requirements and procedure for a petition for disconnection. Prohibits disconnection if the park district owns a park in excess of 10 acres or a permanent recreational facility within the municipality as of January 1, 2004. Repeals these provisions on May 1, 2005. Effective immediately.

A BILL FOR

AN ACT concerning park districts.

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

Section 5. The Park District Code is amended by adding Section 5-2E as follows:

(70 ILCS 1205/5-2E new)

Sec. 5-2E. Park district property within a municipality with a supervised recreation system; disconnection. Any territory of a park district that is located within a municipality that operates a supervised recreation system, maintains a permanent recreation facility, and levies taxes for the establishment, conduct, and maintenance of that system may be disconnected from the park district if the affected land owners are subject to taxes levied by both governmental bodies for recreational services. A petition must be signed by not less than 10% of the owners of record of the land within the territory proposed to be disconnected. The petition must allege the facts in support of the disconnection. The petition shall be filed with the circuit court for the county that contains the largest portion of such territory to cause the question to be submitted to the legal voters of the territory proposed to be disconnected. The court shall, within 60 days, order the question of disconnection be submitted to the electors of the territory proposed to be disconnected.

The clerk of the circuit court shall certify the question to the proper election authorities, who shall submit the question to the electors of the territory at an election in accordance with the general election law.

The question cast at this election shall be in substantially the following form:

Shall (describe territory) be disconnected from (name of park district)?

The votes shall be recorded as "Yes" or "No".

If a majority of the votes cast upon the question are in favor of disconnection, the territory shall be disconnected from the park district and the park district shall cease to levy taxes within the disconnected territory other than those subject to Section 3-7 of the Park District Code for contracted indebtedness.

No disconnection of territory under this Section shall be permitted if the park district has ownership of a park in excess of 10 acres or a permanent recreational facility within the municipality as of January 1, 2004.

This amendatory Act of the 93rd General Assembly applies only to municipalities that have a supervised recreation system, as described above, on the effective date of this amendatory Act of the 93rd General Assembly.

This Section is repealed on May 1, 2005.

Section 97. Severability. The provisions of this Act are severable under Section 1.31 of the Statute on Statutes.

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