HB3159ham001 98TH GENERAL ASSEMBLY

Rep. Jeanne M Ives

Filed: 3/18/2013

 

 


 

 


 
09800HB3159ham001LRB098 11009 HLH 43324 a

1
AMENDMENT TO HOUSE BILL 3159

2    AMENDMENT NO. ______. Amend House Bill 3159 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Sections 27-5, 27-30, and 27-55 as follows:
 
6    (35 ILCS 200/27-5)
7    Sec. 27-5. Short title; definitions. This Article may be
8cited as the Special Service Area Tax Law.
9    When used in this Article:
10    "Special Service Area" means a contiguous area within a
11municipality or county in which special governmental services
12are provided in addition to those services provided generally
13throughout the municipality or county, the cost of the special
14services to be paid from revenues collected from taxes levied
15or imposed upon property within that area. Territory shall be
16considered contiguous for purposes of this Article even though

 

 

09800HB3159ham001- 2 -LRB098 11009 HLH 43324 a

1certain completely surrounded portions of the territory are
2excluded from the special service area. A county may create a
3special service area within a municipality or municipalities
4when the municipality or municipalities consent to the creation
5of the special service area. A municipality may create a
6special service area within a municipality and the
7unincorporated area of a county or within another municipality
8when the county or other municipality consents to the creation
9of the special service area.
10    "Special Services" means infrastructure projects all forms
11of services pertaining to the government and affairs of the
12municipality or county, including municipal roads and streets,
13public parks, access roads, bridges, sidewalks, waste disposal
14systems, water and sewer line extensions, water distribution
15and purification facilities, storm water drainage and
16retention facilities, sewage treatment facilities, but not
17limited to weather modification and improvements permissible
18under Article 9 of the Illinois Municipal Code, and contracts
19for the supply of water as described in Section 11-124-1 of the
20Illinois Municipal Code which may be entered into by the
21municipality or by the county on behalf of a county service
22area.
23(Source: P.A. 86-1324; 88-445.)
 
24    (35 ILCS 200/27-30)
25    Sec. 27-30. Manner of notice. Prior to or within 60 days

 

 

09800HB3159ham001- 3 -LRB098 11009 HLH 43324 a

1after the adoption of the ordinance proposing the establishment
2of a special service area the municipality or county shall fix
3a time and a place for a public hearing. The public hearing
4shall be held not less than 60 days after the adoption of the
5ordinance proposing the establishment of a special service
6area. Notice of the hearing shall be given by publication and
7mailing, except that notice of a public hearing to propose the
8establishment of a special service area for weather
9modification purposes may be given by publication only. Notice
10by publication shall be given by publication at least once not
11less than 15 days prior to the hearing in a newspaper of
12general circulation within the municipality or county. Notice
13by mailing shall be given by depositing the notice in the
14United States mails addressed to the person or persons in whose
15name the general taxes for the last preceding year were paid on
16each property lying within the special service area. A notice
17shall be mailed not less than 10 days prior to the time set for
18the public hearing. In the event taxes for the last preceding
19year were not paid, the notice shall be sent to the person last
20listed on the tax rolls prior to that year as the owner of the
21property. A list of the names and addresses of the individuals
22and entities to whom the notice will be sent by mail shall be
23published at the time notice is given and shall be available at
24the public hearing.
25(Source: P.A. 97-1053, eff. 1-1-13.)
 

 

 

09800HB3159ham001- 4 -LRB098 11009 HLH 43324 a

1    (35 ILCS 200/27-55)
2    Sec. 27-55. Authorization Objection petition.
3Notwithstanding any other provision of law, on and after the
4effective date of this amendatory Act of the 98th General
5Assembly, no special service area may be created or enlarged;
6no special service area tax may be levied, imposed, or
7increased; and no bonds may be issued for the provision of
8special services within the area, unless If a petition signed
9by at least 51% of the taxpayers of record of all property
10electors residing within the special service area or and by at
11least 51% of the taxpayers owners of record of the land
12included within the boundaries of the special service area is
13filed with the municipal clerk or county clerk, as the case may
14be, authorizing within 60 days following the final adjournment
15of the public hearing, objecting to the creation of the special
16service district, the enlargement of the area, the levy or
17imposition of a tax or the issuance of bonds for the provision
18of special services to the area, or to a proposed increase in
19the tax rate, as the case may be. The petition must be filed
20within 60 days following the final adjournment of the public
21hearing. Only one taxpayer of record may sign an authorization
22petition for any single property index number within the
23proposed special service area. For the purposes of signing the
24petition, "taxpayer of record" means either (i) any person in
25whose name the general taxes for the last preceding year were
26paid, as demonstrated by a copy of the tax bill or

 

 

09800HB3159ham001- 5 -LRB098 11009 HLH 43324 a

1documentation from the assessor or clerk, or (ii) any person in
2whose name title is held, as demonstrated by a copy of the last
3recorded deed to the property. Any authorized agent may sign a
4petition on behalf of an entity, and that person's
5certification of his or her authority to sign shall be
6presumptive evidence of his or her authority to sign. A
7beneficiary of a land trust may sign the petition with respect
8to the property held by that land trust, and that person's
9certification that he or she is a beneficiary shall be
10presumptive evidence of his or her authorization to sign.
11Taxpayers , the district shall not be created or enlarged, or
12the tax shall not be levied or imposed nor the rate increased,
13or no bonds may be issued. The subject matter of the petition
14shall not be proposed relative to any signatories of the
15petition within the next 2 years. Each resident of the special
16service area registered to vote at the time of the public
17hearing held with regard to the special service area shall be
18considered an elector. Each person in whose name legal title to
19land included within the boundaries of the special service area
20is held according to the records of the county in which the
21land is located shall be considered an owner of record. Owners
22of record shall be determined at the time of the public hearing
23held with regard to a special service area. Land owned in the
24name of a land trust, corporation, estate or partnership shall
25be considered to have a single owner of record.
26(Source: P.A. 82-640; 88-455.)
 

 

 

09800HB3159ham001- 6 -LRB098 11009 HLH 43324 a

1    Section 99. Effective date. This Act takes effect upon
2becoming law.".