August 14, 2018
To the Honorable
Members of
The Illinois Senate,
100th General
Assembly:
Today,
I return Senate Bill 2297 with specific recommendations for change.
This
legislation provides for rescue squad districts to levy a new tax to fund
ambulance services. I applaud that this tax is required to go to the electors
of a district, as giving citizens’ more control over their tax burdens is
essential to combating the property tax and excessive local government crisis
being experienced across Illinois and driving citizens out of our state.
However,
the local and citizen control of taxes in legislation goes only in one
direction, and there is no ability for overtaxed electors to vote to bring this
property tax elevating levy—or any increase in their property taxes—back down.
Therefore,
pursuant to Section 9(e) of Article IV of the Illinois Constitution of 1970, I
hereby return Senate Bill 2297, entitled “AN ACT concerning local government”,
with the following specific recommendations for change:
On
page 2, immediately after line 6, by inserting the following:
“A board
of trustees of a rescue squad district where an ambulance service tax has been imposed under this
Section pursuant to a referendum held on
or after the effective date of this amendatory Act of the 100th General
Assembly may submit the question at an election to the voters of the district
of the question of reducing or discontinuing the tax. The board shall certify
the question to the proper election authority. The election authority must
submit the question in substantially the following form:
Shall the ambulance service tax currently imposed in (name of Rescue
Squad District) at a rate of (insert rate) be (reduced to (insert
rate))(discontinued)?
If a majority of the electors
voting on the question vote in the affirmative, then, the tax shall be reduced
or discontinued as set forth in the question.
Whenever a petition, subject to the petition requirements of
Section 28-3 of the Election Code, is presented to the board of trustees of a rescue
squad district where an ambulance service tax has
been imposed under this Section requesting that the tax be reduced or discontinued, the board shall cause the
proposition to be certified to the proper election officials who shall submit
the proposition to the voters at the next appropriate election in accordance
with this subsection and general election law. The ballot question shall be in
substantially the following form on the ballot:
Shall the ambulance service tax currently imposed in (name of Rescue
Squad District) at a rate of (insert rate) be (reduced to (insert
rate))(discontinued)? YES NO
If a majority of the electors voting on the question vote in the
affirmative, then, the tax shall be reduced or discontinued as set forth in the
question.
Section
10. The Property Tax Code is amended by amending Section 18-205 as follows:
(35
ILCS 200/18-205)
Sec.
18-205. Referendum to increase the extension limitation.
(a)
A taxing district is limited to an extension limitation of 5% or the percentage
increase in the Consumer Price Index during the 12 month calendar year
preceding the levy year, whichever is less. A taxing district may increase its
extension limitation for one or more levy years if that taxing district holds a
referendum before the levy date for the first levy year at which a majority of
voters voting on the issue approves adoption of a higher extension limitation.
Referenda shall be conducted at a regularly scheduled election in accordance
with the Election Code.
(b)
The question shall be presented in substantially the following manner:
Shall
the extension limitation under the Property Tax Extension Limitation Law for
(insert the legal name, number, if any, and county or counties of the taxing
district and geographic or other common name by which a school or community
college district is known and referred to), Illinois, be increased from the
lesser of 5% or the percentage increase in the Consumer Price Index over the
prior levy year to (insert the percentage of the proposed increase)% per year
for (insert each levy year for which the increased extension limitation will
apply)?
(c)
Whenever a petition, subject to the petition requirements of Section 28-3 of
the Election Code, is presented to the governing body
of a taxing district requesting that the taxing district's aggregate extension
be decreased by not more than 10% of its aggregate extension for the previous
levy year, that governing body shall cause the proposition to be certified to
the proper election officials who shall submit the proposition to the voters at
the next appropriate election in accordance with this subsection and general
election law. A petition under this subsection (c) shall include:
(1) the desired aggregate extension decrease;
(2) signatures by a
number of registered voters equal to or greater than 5% of the total ballots
cast in the taxing district at the last preceding general election; and
(3) an affidavit of
publication, attesting that notice of the petition decrease the taxing
district's aggregate extension was published in a newspaper of general
circulation within the taxing district.
The
parties filing a petition under this Section shall give notice in substantially
the following form:
NOTICE OF PETITION TO
(INCREASE/DECREASE) (TAXING DISTRICT'S) PROPERTY TAX.
Residents of (taxing
district) are notified that a petition will be filed with (taxing district)
requesting a referendum to decrease property tax by (amount of increase or
decrease) % for (tax levy year(s)).
A
petition that meets the requirements of this subsection shall be placed on the
ballot at the general election next following. Failure to publish the required
notice of petition shall render the petition, and the results of any referendum
held on the petition, null and void.
The ballot question shall be in substantially
the following form on the ballot:
----------------------------------------------------------
Shall the property tax
rate of (taxing district) be decreased by (insert amount) % in (tax levy
year(s) )? YES NO
------------------------------------------------------------
The
increase or decrease is approved when three-fifths of the electors of the
taxing district approve and the decrease shall be applicable for each levy year
specified.
(d) The votes under
subsection (b) or (c) must be recorded as "Yes" or
"No". Except as provided in subsection (c), if If a
majority of voters voting on the issue approves the adoption of the increase,
the increase shall be applicable for each levy year specified.
(e)
The
ballot for any question submitted pursuant to this Section shall have printed
thereon, but not as a part of the question submitted, only the following
supplemental information (which shall be supplied to the election authority by
the taxing district) in substantially the following form:
(1) For the (insert
the first levy year for which the increased or reduced extension
limitation will be applicable) levy year the approximate amount of the
additional or reduced tax extendable against property containing a
single family residence and having a fair market value at the time of the
referendum of $100,000 is estimated to be $ ....
(2) Based upon an
average annual percentage increase (or decrease) in the market value of such
property of ... % (insert percentage equal to the average annual percentage
increase or decrease for the prior 3 levy years, at the time the submission of
the question is initiated by the taxing district, in the amount of (A) the
equalized assessed value of the taxable property in the taxing district less
(B) the new property included in the equalized assessed value), the approximate
amount of the additional or reduced tax extendable against such property
for the levy year is estimated to be $ ... and for the ... levy year is
estimated to be $ ....
Paragraph
(2) shall be included only if the increased or reduced extension
limitation will be applicable for more than one year and shall list each levy
year for which the increased or reduced extension limitation will be
applicable. The additional or reduced tax shown for each levy year shall
be the approximate dollar amount of the increase or decrease over the
amount of the most recently completed extension at the time the submission of
the question is initiated by the taxing district. The approximate amount of the
additional or reduced tax extendable shown in paragraphs (1) and (2)
shall be calculated by multiplying $100,000 (the fair market value of the
property without regard to any property tax exemptions) by ( i) the percentage
level of assessment prescribed for that property by statute, or by ordinance of
the county board in counties that classify property for purposes of taxation in
accordance with Section 4 of Article IX of the Illinois Constitution; (ii) the
most recent final equalization factor certified to the county clerk by the
Department of Revenue at the time the taxing district initiates the submission
of the proposition to the electors; (iii) the last known aggregate extension
base of the taxing district at the time the submission of the question is
initiated by the taxing district; and (iv) the difference between the
percentage increase or decrease proposed in the question and the lesser
of 5% or the percentage increase in the Consumer Price Index for the prior levy
year (or an estimate of the percentage increase or decrease for the
prior levy year if the increase or decrease is unavailable at the time
the submission of the question is initiated by the taxing district); and
dividing the result by the last known equalized assessed value of the taxing
district at the time the submission of the question is initiated by the taxing
district. This amendatory Act of the 97th General Assembly is intended to
clarify the existing requirements of this Section, and shall not be construed
to validate any prior non-compliant referendum language. Any notice required to
be published in connection with the submission of the question shall also
contain this supplemental information and shall not contain any other
supplemental information. Any error, miscalculation, or inaccuracy in computing
any amount set forth on the ballot or in the notice that is not deliberate
shall not invalidate or affect the validity of any proposition approved. Notice
of the referendum shall be published and posted as otherwise required by law,
and the submission of the question shall be initiated as provided by law.”
With
these changes, Senate Bill 2297 will have my approval. I respectfully request
your concurrence.
Sincerely,
Bruce Rauner
GOVERNOR