HB1082 97TH GENERAL ASSEMBLY

LRB097 06339 KMW 46419 b

97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1082

Introduced 02/04/11, by Rep. Michael W. Tryon

SYNOPSIS AS INTRODUCED:

55 ILCS 5/5-1009.5 new

Amends the Counties Code. Provides that Boone, DeKalb, DuPage, Grundy, Kane, Kankakee, Kendall, Lake, McHenry, or Will county may levy an annual tax for farmland preservation easement and green redevelopment purposes. Provides that the tax may not exceed 0.05% of the equalized assessed value of taxable property in the county. Provides that the tax must be approved by referendum. Provides that the tax may be discontinued by referendum. Provides that a referendum to levy or discontinue the tax may be initiated by a petition signed by a number of electors equal to at least 0.5% of the total number of votes cast in the county during the last preceding gubernatorial election. Provides that the proceeds of the tax shall be paid into two separate funds, the county farmland preservation easement fund and the green redevelopment fund. Sets forth the ways in which the proceeds of the funds shall be used.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Counties Code is amended by adding Section 5-1009.5 as follows:

(55 ILCS 5/5-1009.5 new)

Sec. 5-1009.5. Tax for county farmland preservation easement and green redevelopment purposes.

(a) In Boone, DeKalb, DuPage, Grundy, Kane, Kankakee, Kendall, Lake, McHenry, or Will county, whenever a petition signed by a number of electors of the county equal to at least 0.5% of the total number of votes cast during the last preceding gubernatorial election in the county is presented to the county board requesting the submission of a proposition, or if the county board adopts a resolution requesting the submission of a proposition, of whether or not an annual tax shall be levied at a rate not to exceed 0.05% of the value as equalized or assessed by the Department of Revenue, on all taxable property in the county for the purpose of creating and maintaining a fund for county farmland preservation easement purposes and for grants to units of local government within the county for green redevelopment purposes, that county board shall adopt a resolution for the submission of the proposition at the next regular election held in the county. The county board shall certify the resolution and the proposition to the proper election officials, who shall submit the proposition at an election in accordance with the general election law. The foregoing limitations upon tax rates may be increased or decreased under the referendum provisions of the General Revenue Law of Illinois.

(b) Upon the adoption of the resolution and the certification thereof to the county clerk of the county, the proposition shall be submitted at the next regular election held in the county.

The proposition shall be in substantially the following form:

Shall an annual tax of not to exceed 0.05% be levied in ..... County for county farmland preservation easement purposes and grants to units of local government for green redevelopment purposes addressing stormwater management, groundwater protection, and reinvestment in developed sites?

Votes shall be recorded as "yes" or "no".

If a majority of the legal voters of the county voting on the proposition vote in favor thereof, the proposition shall be deemed adopted.

(c) Upon the adoption of the proposition in accordance with subsection (b), the county board shall cause an annual tax of not to exceed 0.05% of value, as equalized or assessed by the Department of Revenue, of all taxable property of the county to be levied upon all the taxable property in the county for county farmland preservation easement and green redevelopment purposes. Any tax imposed under this Section shall be in addition to all other taxes authorized by law to be levied and collected in the county and shall be in addition to the maximum of taxes authorized by law for county purposes. The foregoing limitations upon tax rates may be increased or decreased according to the referendum provisions of the General Revenue Law of Illinois.

(d) The proceeds of the tax authorized under this Section shall be paid into 2 separate funds in the county treasury. At least 50% of the proceeds shall go into a fund known as the county farmland preservation easement fund which shall be used by the county board for the purchase of easements to preserve farmland within the county. Up to 50% of the proceeds shall go into a fund known as the green redevelopment fund which shall be used by the county to offer grants to units of local government for green redevelopment projects including acquisition, construction, demolition, conversion, repair, or alteration of existing developed sites to address implementation of best management practices for stormwater management as defined by existing stormwater management ordinances; groundwater recharge and infiltration; and reinvestment in brownfield sites through remediation activities. Green redevelopment funds cannot be used for projects on land planned or reserved by county or municipal plans for either agricultural use or open space. The fund shall be expended in the same manner and subject to the same requirements as other county expenditures.

(e) If a petition signed by a number of electors of the county equal to at least 0.5% of the total number of votes cast during the last preceding gubernatorial election in a county that has authorized a tax for county farmland preservation easement and green redevelopment purposes under the provisions of this Section is presented to the county board of that county, requesting a proposition whether or not the tax for county farmland preservation easement and green redevelopment purposes in such county shall be discontinued, the county board shall adopt a resolution providing for the submission of the proposition to the voters of the county at the next regular election held in accordance with the general election law.

If a majority of the voters of the county voting upon the proposition are in favor thereof, then the proposition shall be deemed adopted and the tax shall be discontinued in the county. In case any funds remain to the credit of the county farmland preservation easement fund or the green redevelopment fund after the tax has been discontinued, those remaining funds shall be paid into the general fund for county purposes in the county treasury. All previously executed farmland preservation easements shall be in effect until the termination of the easements as provided in each easement agreement. All previously executed grant agreements for green redevelopment with units of local government shall be fulfilled as provided in each grant agreement.