100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4832

 

Introduced , by Rep. Jeanne M Ives

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/27-30
35 ILCS 200/27-55

    Amends the Special Service Area Tax Law in the Property Tax Code. Provides that a list of the names and addresses of the individuals and entities receiving a mailed notice of the public hearing concerning the establishment of a special service area shall be published at the time notice is given and shall be available at the public hearing. Provides that no special service area may be created or enlarged; no special service area tax may be levied, imposed, or increased; and no bonds may be issued in connection with a special service area, unless an authorization petition is filed with the municipal clerk or county clerk. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Sections 27-30 and 27-55 as follows:
 
6    (35 ILCS 200/27-30)
7    Sec. 27-30. Manner of notice. Prior to or within 60 days
8after the adoption of the ordinance proposing the establishment
9of a special service area the municipality or county shall fix
10a time and a place for a public hearing. The public hearing
11shall be held not less than 60 days after the adoption of the
12ordinance proposing the establishment of a special service
13area. Notice of the hearing shall be given by publication and
14mailing, except that notice of a public hearing to propose the
15establishment of a special service area for weather
16modification purposes may be given by publication only. Notice
17by publication shall be given by publication at least once not
18less than 15 days prior to the hearing in a newspaper of
19general circulation within the municipality or county. Notice
20by mailing shall be given by depositing the notice in the
21United States mails addressed to the person or persons in whose
22name the general taxes for the last preceding year were paid on
23each property lying within the special service area. A notice

 

 

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1shall be mailed not less than 10 days prior to the time set for
2the public hearing. In the event taxes for the last preceding
3year were not paid, the notice shall be sent to the person last
4listed on the tax rolls prior to that year as the owner of the
5property. A list of the names and addresses of the individuals
6and entities to whom the notice will be sent by mail shall be
7published at the time notice is given and shall be available at
8the public hearing.
9(Source: P.A. 97-1053, eff. 1-1-13.)
 
10    (35 ILCS 200/27-55)
11    Sec. 27-55. Authorization Objection petition.
12Notwithstanding any other provision of law, on and after the
13effective date of this amendatory Act of the 100th General
14Assembly, no special service area may be created or enlarged;
15no special service area tax may be levied, imposed, or
16increased; and no bonds may be issued for the provision of
17special services within the area, unless If a petition signed
18by at least 51% of the taxpayers of record of all property
19electors residing within the special service area or and by at
20least 51% of the taxpayers owners of record of the land
21included within the boundaries of the special service area is
22filed with the municipal clerk or county clerk, as the case may
23be, authorizing within 60 days following the final adjournment
24of the public hearing, objecting to the creation of the special
25service district, the enlargement of the area, the levy or

 

 

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1imposition of a tax or the issuance of bonds for the provision
2of special services to the area, or to a proposed increase in
3the tax rate, as the case may be. The petition must be filed
4within 60 days following the final adjournment of the public
5hearing. Only one taxpayer of record may sign an authorization
6petition for any single property index number within the
7proposed special service area. For the purposes of signing the
8petition, "taxpayer of record" means either (i) any person in
9whose name the general taxes for the last preceding year were
10paid, as demonstrated by a copy of the tax bill or
11documentation from the assessor or clerk, or (ii) any person in
12whose name title is held, as demonstrated by a copy of the last
13recorded deed to the property. Any authorized agent may sign a
14petition on behalf of an entity, and that person's
15certification of his or her authority to sign shall be
16presumptive evidence of his or her authority to sign. A
17beneficiary of a land trust may sign the petition with respect
18to the property held by that land trust, and that person's
19certification that he or she is a beneficiary shall be
20presumptive evidence of his or her authorization to sign.
21Taxpayers , the district shall not be created or enlarged, or
22the tax shall not be levied or imposed nor the rate increased,
23or no bonds may be issued. The subject matter of the petition
24shall not be proposed relative to any signatories of the
25petition within the next 2 years. Each resident of the special
26service area registered to vote at the time of the public

 

 

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1hearing held with regard to the special service area shall be
2considered an elector. Each person in whose name legal title to
3land included within the boundaries of the special service area
4is held according to the records of the county in which the
5land is located shall be considered an owner of record. Owners
6of record shall be determined at the time of the public hearing
7held with regard to a special service area. Land owned in the
8name of a land trust, corporation, estate or partnership shall
9be considered to have a single owner of record.
10(Source: P.A. 82-640; 88-455.)
 
11    Section 99. Effective date. This Act takes effect upon
12becoming law.