HB5763 96TH GENERAL ASSEMBLY

LRB096 16918 AJT 32231 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB5763

Introduced 2/9/2010, by Rep. Dan Reitz

SYNOPSIS AS INTRODUCED:

605 ILCS 5/5-604

from Ch. 121, par. 5-604

Amends the Illinois Highway Code. Deletes the requirement that both a petition and notice of referendum designate the number of years, not exceeding 5 years, a special tax for the purpose of constructing or repairing county highways, assisting one or more road districts in the county to the extent of 25% of the cost of the construction or repair of township or district roads, or for both purposes may be levied by a county.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

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

Section 5. The Illinois Highway Code is amended by changing Section 5-604 as follows:

(605 ILCS 5/5-604) (from Ch. 121, par. 5-604)

Sec. 5-604. The county board of any county, pursuant to a petition and after referendum approval as required in this Section, may levy a special tax for the purpose of (1) constructing or repairing county highways or (2) assisting one or more road districts in the county to the extent of 25% of the cost of the construction or repair of township or district roads or (3) for both of such purposes. Such tax shall not be included within any statutory rate or amount for other county purposes but shall be excluded therefrom and be in addition thereto and in excess thereof.

Upon receipt of a petition from 100 or more landowners who are legal voters in any county the county clerk shall submit at the next general election for county officers, or at a regular election, the question of extending a special tax against all taxable property in the county for the purpose or purposes and in the manner stated in the petition. The county clerk shall give notice of such referendum and shall submit the proposition in accordance with the general election law of the State. Both the petition and the notice of referendum shall designate (1) the particular county highway or county highways to be improved or the road district or districts to be so assisted or both and , (2) the maximum annual rate percent not exceeding .0833% of the value of the taxable property as equalized or assessed by the Department of Revenue at which such tax may be extended and (3) the number of years, not exceeding 5 years, during which such tax may be levied.

The proposition shall be in substantially the following form:

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Shall a special YES tax for highway purposes -----------------------------

be levied in.... County? NO

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If a majority of all ballots cast on such question is in favor of such tax levy, the county board shall levy and the county clerk shall extend such tax for the number of years stated in the petition and the proceeds of such tax shall be used for the purpose or purposes stated in the petition.

(Source: P.A. 85-527.)