Full Text of SB2635 93rd General Assembly
SB2635ham001 93RD GENERAL ASSEMBLY
|
Revenue Committee
Adopted in House Comm. on Apr 29, 2004
|
|
09300SB2635ham001 |
|
LRB093 19933 BDD 49775 a |
|
| 1 |
| AMENDMENT TO SENATE BILL 2635
| 2 |
| AMENDMENT NO. ______. Amend Senate Bill 2635 by replacing | 3 |
| everything after the enacting clause with the following:
| 4 |
| "Section 5. The Property Tax Code is amended by changing | 5 |
| Sections 27-25, 27-40, 27-45, and 27-75 as follows:
| 6 |
| (35 ILCS 200/27-25)
| 7 |
| Sec. 27-25. Form of hearing notice. Taxes may be levied or | 8 |
| imposed by the
municipality or county in the special service | 9 |
| area at a rate or amount of tax
sufficient to produce revenues | 10 |
| required to provide the special services. Prior
to the first | 11 |
| levy of taxes in the special service area, notice shall be | 12 |
| given
and a hearing shall be held under the provisions of | 13 |
| Sections 27-30 and 27-35.
For purposes of this Section the | 14 |
| notice shall include:
| 15 |
| (a) The time and place of hearing;
| 16 |
| (b) The boundaries of the area by legal description | 17 |
| and , where possible, by street
location ,
where possible ; | 18 |
| (c) The permanent tax index number of each parcel | 19 |
| located within the area;
| 20 |
| (d) The nature of the proposed special services to be | 21 |
| provided within the special service area;
| 22 |
| (e)
(c) A notification that all interested persons, | 23 |
| including all persons
owning
taxable real property located | 24 |
| within the special service area, will be given an
|
|
|
|
09300SB2635ham001 |
- 2 - |
LRB093 19933 BDD 49775 a |
|
| 1 |
| opportunity to be heard at the hearing regarding the tax | 2 |
| levy and an
opportunity to file objections to the amount of | 3 |
| the tax levy if the tax is a
tax upon property; and
| 4 |
| (f)
(d) The maximum rate of taxes to be extended within | 5 |
| the special service area
in any year and the
may
include a
| 6 |
| maximum number of years taxes will be levied if a maximum | 7 |
| number of years is to be established .
| 8 |
|
After the first levy of taxes within the special service | 9 |
| area, taxes may continue to be levied in subsequent years | 10 |
| without the requirement of an additional public hearing if the | 11 |
| tax rate does
, taxes may be extended against the special | 12 |
| service area
for the services specified without additional | 13 |
| hearings. However, the taxes
shall not exceed the rate | 14 |
| specified in the notice for the original public hearing
notice
| 15 |
| and if a maximum number of
years is specified in the notice,
| 16 |
| the taxes are
shall not be extended for a longer
period than | 17 |
| the number of years specified in the notice if a number of | 18 |
| years is specified . Tax rates may be increased and the period | 19 |
| specified may be extended, if
notice is given and new public | 20 |
| hearings are held in accordance with Sections
27-30 and 27-35.
| 21 |
| (Source: P.A. 82-640; 88-455.)
| 22 |
| (35 ILCS 200/27-40)
| 23 |
| Sec. 27-40. Boundaries of special service area. No lien | 24 |
| shall be
established against any real property in a special | 25 |
| service area nor shall a
special service area create a
valid | 26 |
| tax before a certified copy of an
ordinance establishing or | 27 |
| altering the boundaries of a special service area,
containing a | 28 |
| legal description of the territory of the area, the permanent | 29 |
| tax index numbers of the parcels located within the territory | 30 |
| of the area, an accurate map of the territory, a copy of the | 31 |
| notice of the public hearing, and a description of the special | 32 |
| services to be provided is filed
for record
in the office of | 33 |
| the recorder in each county in which any part of the area is
|
|
|
|
09300SB2635ham001 |
- 3 - |
LRB093 19933 BDD 49775 a |
|
| 1 |
| located. The ordinance must be recorded no later than 60 days | 2 |
| after the date the ordinance was adopted. An
ordinance | 3 |
| establishing a special service area recorded beyond the 60 days | 4 |
| is
not valid. The requirement for recording within 60 days | 5 |
| shall not apply to any
establishment or alteration of the | 6 |
| boundaries of a service area that
occurred before September 23, | 7 |
| 1991.
| 8 |
| (Source: P.A. 90-218, eff. 7-25-97.)
| 9 |
| (35 ILCS 200/27-45)
| 10 |
| Sec. 27-45. Issuance of bonds. Bonds secured by the full | 11 |
| faith and credit
of the area included in the special service | 12 |
| area may be issued for providing
the special services. Bonds, | 13 |
| when so issued, shall be retired by the levy of
taxes in | 14 |
| addition to the taxes specified in Section 27-25 against all of | 15 |
| the
taxable real property included in the area as provided in | 16 |
| the ordinance
authorizing the issuance of the bonds or by the | 17 |
| imposition of another tax
within the special service area. The | 18 |
| county clerk shall annually extend taxes
against all of the | 19 |
| taxable property situated in the county and contained in
such | 20 |
| special service area in amounts sufficient to pay maturing | 21 |
| principal and
interest of those bonds without limitation as to | 22 |
| rate or amount and in addition
to and in excess of any taxes | 23 |
| that may now or hereafter be authorized to be
levied by the | 24 |
| municipality or county. Prior to the issuance of those bonds,
| 25 |
| notice shall be given and a hearing shall be held pursuant to | 26 |
| the provisions of
Sections 27-30 and 27-35. For purposes of | 27 |
| this Section a notice shall include:
| 28 |
| (a) The time and place of hearing;
| 29 |
| (b) The boundaries of the area by legal description | 30 |
| and , where possible, by street
location ,
where possible ; | 31 |
| (c) The permanent tax index number of each parcel | 32 |
| located within the area;
| 33 |
| (d) The nature of the special services to be provided |
|
|
|
09300SB2635ham001 |
- 4 - |
LRB093 19933 BDD 49775 a |
|
| 1 |
| within the proposed special service area; | 2 |
| (e) If the special services are to be maintained other | 3 |
| than by the municipality or the county after the life of | 4 |
| the bonds, then a statement indicating who will be | 5 |
| responsible for maintenance of the special services after | 6 |
| the life of the bonds;
| 7 |
| (f)
(c) A notification that all interested persons, | 8 |
| including all persons
owning
taxable property located | 9 |
| within the special service area, will be given an
| 10 |
| opportunity to be heard at the hearing regarding the | 11 |
| issuance of the bonds and
an opportunity to file objections | 12 |
| to the issuance of the bonds; and
| 13 |
| (g)
(d) The maximum amount of bonds proposed to be | 14 |
| issued, the maximum period
of
time over which the bonds | 15 |
| will be retired, and the maximum interest rate the
bonds | 16 |
| will bear.
| 17 |
| The question of the creation of a special service area, the | 18 |
| levy or
imposition of a tax in the special service area and the | 19 |
| issuance of bonds for
providing special services may all be | 20 |
| considered together at one hearing.
| 21 |
| Any bonds issued shall not exceed the number of bonds, the | 22 |
| interest rate
and the period of extension set forth in the | 23 |
| notice, unless an additional
hearing is held. Bonds issued | 24 |
| pursuant to this Article shall not be regarded
as indebtedness | 25 |
| of the municipality or county,
as the case may be, for the | 26 |
| purpose of any limitation imposed by any law.
| 27 |
| (Source: P.A. 82-640; 88-455.)
| 28 |
| (35 ILCS 200/27-75)
| 29 |
| Sec. 27-75. Extension of tax levy. If a property tax is | 30 |
| levied, the tax
shall be extended by the county clerk in the | 31 |
| special service area in the manner
provided by Articles 1 | 32 |
| through 26 of this Code based on equalized assessed
values as | 33 |
| established under Articles 1 through 26. The municipality or |
|
|
|
09300SB2635ham001 |
- 5 - |
LRB093 19933 BDD 49775 a |
|
| 1 |
| county
shall file a certified copy of the ordinance creating | 2 |
| the special service area,
including an accurate map thereof , a | 3 |
| copy of the public hearing notice, and a description of the | 4 |
| special services to be provided , with the county clerk. The | 5 |
| corporate
authorities of the municipality or county may levy | 6 |
| taxes in the special service
area prior to the date the levy | 7 |
| must be filed with the county clerk, for the
same year in which | 8 |
| the ordinance and map are filed with the county clerk. In
| 9 |
| addition, the corporate authorities shall file a certified copy | 10 |
| of each
ordinance levying taxes in the special service area on | 11 |
| or before the last
Tuesday of December of each year and shall | 12 |
| file a certified copy of any
ordinance authorizing the issuance | 13 |
| of bonds and providing for a property tax
levy in the area by | 14 |
| December 31 of the year of the first levy.
| 15 |
| In lieu of or in addition to an ad valorem property tax, a | 16 |
| special tax may be
levied and extended within the special | 17 |
| service area on any other basis that
provides a rational | 18 |
| relationship between the amount of the tax levied against
each | 19 |
| lot, block, tract and parcel of land in the special service | 20 |
| area and the
special service benefit rendered. In that case, a | 21 |
| special tax roll shall be
prepared containing: (a) a | 22 |
| description of the special services to be provided, (b) an | 23 |
| explanation of the method of spreading the special
tax, (c)
(b)
| 24 |
| a list of lots, blocks, tracts and parcels of land in the | 25 |
| special
service area ,
and (d)
(c) the amount assessed against | 26 |
| each. The special tax roll
shall be included in the ordinance | 27 |
| establishing the special service area or in
an amendment of the | 28 |
| ordinance, and shall be filed with the county clerk for use
in | 29 |
| extending the tax. The lien and foreclosure remedies provided | 30 |
| in Article 9
of the Illinois Municipal Code shall apply upon | 31 |
| non-payment of the special tax. | 32 |
| As an alternative to an ad valorem tax based on the whole | 33 |
| equalized assessed value of the property, the corporate | 34 |
| authorities may provide for the ad valorem tax to be extended |
|
|
|
09300SB2635ham001 |
- 6 - |
LRB093 19933 BDD 49775 a |
|
| 1 |
| solely upon the equalized assessed value of the land in a | 2 |
| special service area, without regard to improvements, if the | 3 |
| equalized assessed value of the land in the special service | 4 |
| area is at least 75% of the total of the whole equalized | 5 |
| assessed value of property within the special service area at | 6 |
| the time that it was established. If the corporate authorities | 7 |
| choose to provide for this method of taxation on the land value | 8 |
| only, then each notice given in connection with the special | 9 |
| service area must include a statement in substantially the | 10 |
| following form: "The taxes to be extended shall be upon the | 11 |
| equalized assessed value of the land in the proposed special | 12 |
| service area, without regard to improvements.".
| 13 |
| (Source: P.A. 83-1245; 88-455.)
| 14 |
| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.".
|
|