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Sen. Kimberly A. Lightford
Filed: 3/3/2005
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| AMENDMENT TO SENATE BILL 2087
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| AMENDMENT NO. ______. Amend Senate Bill 2087 by replacing |
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| everything after the enacting clause with the following: |
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| "Section 5. The Addison Creek Restoration Commission Act is |
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| amended by changing Sections 15 and 20 and by adding Section 17 |
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| as follows: |
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| (20 ILCS 3901/15)
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| (Section scheduled to be repealed on January 1, 2010) |
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| Sec. 15. Acceptance of grants , loans, advances, and |
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| appropriations. The Commission may apply for and accept |
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| grants ,loans, advances, and appropriations from the federal |
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| government and from the State of Illinois or any agency or |
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| instrumentality thereof to be used for the purposes of the |
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| Commission and may enter into any agreement in relation to |
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| these grants , loans, advances, and appropriations. The |
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| Commission may also accept from the State, any State agency, |
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| department, or commission, any unit of local government, any |
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| railroad, school authority, or jointly therefrom, grants of |
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| funds or services for any of the purposes of this Act.
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| (Source: P.A. 93-948, eff. 8-19-04.) |
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| (20 ILCS 3901/17 new) |
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| Sec. 17. Borrowing money and issuance of bonds. The |
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| Commission may incur debt and borrow money from time to time |
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| and, in evidence thereof, may issue and sell bonds in such |
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| amount or amounts as the Commission may determine to provide |
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| funds for carrying out the purposes of this Act, to pay all |
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| costs and expenses incident to issuing the bonds, and to refund |
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| and refinance, from time to time, bonds so issued and sold, as |
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| often as may be deemed to be advantageous by the Commission. |
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| Before or at the time of issuing bonds, the Commission shall |
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| provide by ordinance for the collection of an annual tax |
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| sufficient to pay the interest on the bonds as it falls due and |
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| to pay the bonds as they mature. Any tax imposed under this |
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| Section shall be levied against the value, equalized or |
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| assessed by the Department of Revenue, of the taxable property |
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| both within the Addison Creek floodplain and the territory of |
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| the Commission and the total amount levied and extended under |
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| this Section, in the aggregate, in all taxable years, shall not |
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| exceed $10,000,000. |
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| (20 ILCS 3901/20)
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| (Section scheduled to be repealed on January 1, 2010) |
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| Sec. 20. Taxing powers. |
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| (a) After the first Monday in October and by the first |
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| Monday in December in each year, the Commission shall levy the |
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| general taxes for the Commission by general categories for the |
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| next fiscal year. A certified copy of the levy ordinance shall |
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| be filed with the county clerk of each county in which the |
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| territory of the Commission including the Addison Creek |
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| floodplain is located by the last Tuesday in December each |
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| year. |
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| (b) The amount of taxes levied for general corporate |
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| purposes for a fiscal year may not exceed the rate of .01% of |
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| the value, as equalized or assessed by the Department of |
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| Revenue, of the taxable property within both the Addison Creek |
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| floodplain and the territory of the Commission, provided that |
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| the total amount levied and extended under this Section, in the |
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| aggregate, in all taxable years combined shall not exceed |
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| $10,000,000. |
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| (c) This tax and tax rate are exclusive of the taxes |
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| required for the payment of the principal of and interest on |
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| bonds. |
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| (d) The rate of tax levied for general corporate purposes |
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| may not be initially imposed or thereafter increased unless the |
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| board first adopts a resolution authorizing the initial |
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| imposition of the tax rate or the increase and publishes notice |
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| thereof in a newspaper having general circulation in the |
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| territory of the Commission that includes the Addison Creek |
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| floodplain at least once not less than 45 days prior to the |
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| effective date of the initial imposition of the tax rate or the |
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| increase. The notice shall include a statement of (1) the |
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| specific number of voters required to sign a petition |
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| requesting that the question of the adoption of the resolution |
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| be submitted to the electors of that part of the territory of |
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| the Commission that is within the Addison Creek floodplain; (2) |
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| the time in which the petition must be filed; and (3) the date |
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| of the prospective referendum. The Commission shall provide a |
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| petition form to any individual requesting one. If, no later |
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| than 30 days after the publication of the notice, petitions |
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| signed by voters of that part of the territory of the |
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| Commission that is within the Addison Creek floodplain equal to |
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| 10% or more of the registered voters of that part of the |
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| territory of the Commission that is within the Addison Creek |
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| floodplain, as determined by reference to the number of voters |
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| registered at the next preceding general election, and residing |
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| in that part of the territory of the Commission that is within |
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| the Addison Creek floodplain are presented to the Commission |
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| expressing opposition to the imposition of the tax rate or the |
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| increase, the proposition must first be certified by the |
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| Commission to the proper election officials, who shall submit |
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| the proposition to the legal voters of the territory of the |
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| Commission at an election in accordance with the general |
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| election law and approved by a majority of those voting on the |
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| proposition. |
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| The rate of the tax levied for general corporate purposes |
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| of the Commission may be initially imposed or thereafter |
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| increased, up to the maximum rate identified in subsection (b), |
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| by the Commission by a resolution calling for the submission of |
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| the question of imposing or increasing the rate to the voters |
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| of that part of the territory of the Commission that is within |
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| the Addison Creek floodplain in accordance with the general |
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| election law. The question must be in substantially the |
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| following form: |
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| Shall the Commission be authorized to establish its |
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| general corporate tax rate at (insert rate) on the |
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| equalized assessed value on all taxable property located |
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| within that part of the territory of the Commission that is |
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| within the Addison Creek floodplain for its general |
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| purposes? |
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| The ballot must have printed on it, but not as part of the |
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| proposition submitted, the following: "The approximate impact |
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| of the proposed (tax rate or increase) on the owner of a single |
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| family home having a market value of (insert value) would be |
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| (insert amount) in the first year of the (tax rate or increase) |
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| if the (tax rate or increase) is fully implemented." The ballot |
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| may have printed on it, but not as part of the proposition, one |
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| or both of the following: "The last tax rate extended for the |
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| purposes of the Commission was (insert rate). The last rate |
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| increase approved for the purposes of the Commission was in |
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| (insert year)." No other information needs to be included on |
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| the ballot. |
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| The votes must be recorded as "Yes" or "No". |
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| If a majority of the electors voting on the question vote |
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| in the affirmative, the Commission may thereafter levy the tax.
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| The Commission shall not have the power to levy real property |