Full Text of HB1898 97th General Assembly
HB1898 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 HB1898 Introduced , by Rep. Dwight Kay SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Extension Limitation Law of the Property Tax Code. Provides that, in a county that is not subject to the Law, the registered voters within the county may file a petition with the county clerk requesting the county board to submit to the voters of the county the question of whether to make all non-home rule taxing districts that have all or a portion of their equalized assessed valuation situated in the county subject to the Law. Provides that, if 10% of the registered voters within the county sign the petition, then the county board shall submit the question. 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,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Property Tax Code is amended by changing | 5 | | Section 18-213 as follows:
| 6 | | (35 ILCS 200/18-213)
| 7 | | Sec. 18-213.
Referenda on applicability of the Property Tax | 8 | | Extension
Limitation Law.
| 9 | | (a) The provisions of this Section do not apply to a taxing | 10 | | district
subject
to this Law because a majority of its 1990 | 11 | | equalized assessed value is in a
county or counties contiguous | 12 | | to a county of 3,000,000 or more inhabitants, or
because a | 13 | | majority of its 1994 equalized assessed value is in an affected
| 14 | | county and the taxing district was not subject to this Law | 15 | | before the 1995 levy
year.
| 16 | | (b) The county board of a county that is not subject to | 17 | | this Law
may, by ordinance or resolution, submit to the voters | 18 | | of the
county the question of whether to
make all non-home rule | 19 | | taxing districts
that
have all or a portion of their equalized | 20 | | assessed valuation
situated in the county subject to this Law | 21 | | in the manner set forth in this
Section.
| 22 | | For purposes of this Section only:
| 23 | | "Taxing district" has the same meaning provided in Section |
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| 1 | | 1-150.
| 2 | | "Equalized
assessed valuation" means the equalized | 3 | | assessed valuation for a taxing
district for the immediately | 4 | | preceding levy year. | 5 | | (b-5) In a county that is not subject to this Law, the | 6 | | registered voters within the county may file a petition with | 7 | | the county clerk requesting that the county board adopt an | 8 | | ordinance to submit to the voters of the county the question of | 9 | | whether to make all non-home rule taxing districts that have | 10 | | all or a portion of their equalized assessed valuation situated | 11 | | in the county subject to this Law in the manner set forth in | 12 | | this Section. If the county clerk certifies that the petition | 13 | | contains the signatures of 10% of the registered voters within | 14 | | the county, then the county board shall adopt an ordinance to | 15 | | submit the question to the voters of the county.
| 16 | | (c) The ordinance or resolution shall request the | 17 | | submission of
the
proposition at any election, except a | 18 | | consolidated primary election, for the
purpose of voting for or | 19 | | against making the Property
Tax Extension Limitation Law | 20 | | applicable to all non-home rule taxing districts
that have all
| 21 | | or a
portion of their equalized assessed valuation situated in | 22 | | the county.
| 23 | | The question shall be placed on a separate
ballot and shall | 24 | | be in substantially the following form:
| 25 | | Shall the Property Tax Extension Limitation Law (35 | 26 | | ILCS 200/18-185 through
18-245), which
limits annual |
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| 1 | | property tax extension increases, apply to non-home
rule | 2 | | taxing
districts with all or a portion of their equalized | 3 | | assessed valuation located
in
(name of county)?
| 4 | | Votes on the question shall be recorded as "yes" or "no".
| 5 | | (d) The county clerk
shall order the proposition submitted | 6 | | to the electors of the county
at the election specified in the | 7 | | ordinance or resolution.
If part of the county is under the | 8 | | jurisdiction of
a board or boards of election commissioners, | 9 | | the county clerk
shall submit a certified copy of
the ordinance | 10 | | or resolution to each board of election commissioners,
which | 11 | | shall order the
proposition submitted to the electors of the | 12 | | taxing district within its
jurisdiction at the election | 13 | | specified in the ordinance or resolution.
| 14 | | (e) (1) With respect to taxing districts having all of | 15 | | their equalized
assessed
valuation located in the county, | 16 | | if a majority of the votes cast on the
proposition are in | 17 | | favor of the proposition, then this Law becomes applicable
| 18 | | to the taxing district beginning on January 1 of the year | 19 | | following the date of
the referendum.
| 20 | | (2) With respect to taxing districts that meet all the | 21 | | following
conditions this Law shall become applicable to | 22 | | the taxing district beginning
on January 1, 1997. The | 23 | | districts to which this paragraph (2) is applicable
| 24 | | (A) do not have all of their equalized assessed | 25 | | valuation located in a
single county,
| 26 | | (B) have equalized assessed valuation in an |
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| 1 | | affected county,
| 2 | | (C) meet the condition that each county, other than | 3 | | an affected county,
in which any of the equalized | 4 | | assessed valuation of the taxing district is
located | 5 | | has held a referendum under this Section at any | 6 | | election, except a
consolidated primary election, held | 7 | | prior to the effective date of this
amendatory Act of | 8 | | 1997, and
| 9 | | (D) have a majority of the district's equalized | 10 | | assessed valuation
located in one or more counties in | 11 | | each of which the voters have approved a
referendum | 12 | | under this Section prior to the effective date of this | 13 | | amendatory
Act of 1997.
For purposes of this Section, | 14 | | in determining whether a majority of the
equalized | 15 | | assessed valuation of the taxing district is located in | 16 | | one or more
counties in which the voters have approved | 17 | | a referendum under this Section, the
equalized | 18 | | assessed valuation of the taxing district in any | 19 | | affected county
shall be included with the equalized | 20 | | assessed value of the taxing district in
counties in | 21 | | which the voters have approved the referendum.
| 22 | | (3) With respect to taxing districts that do not have | 23 | | all of
their equalized
assessed valuation located in a | 24 | | single county and to which paragraph (2) of
subsection (e) | 25 | | is not applicable, if each county other than an
affected | 26 | | county in which any of
the equalized assessed valuation of |
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| 1 | | the taxing
district is located has held a referendum under | 2 | | this Section at any election,
except a consolidated primary | 3 | | election, held in any year and if a majority of
the | 4 | | equalized
assessed valuation of the taxing district is | 5 | | located in one or more counties
that have each approved a | 6 | | referendum under this Section,
then this Law shall become | 7 | | applicable to the taxing district on
January 1 of the year | 8 | | following the year in which the last referendum in a
county | 9 | | in which the taxing district has any equalized assessed | 10 | | valuation is
held.
For the purposes of this Law, the last | 11 | | referendum shall be deemed to be the
referendum making this | 12 | | Law applicable to the taxing district. For purposes
of this | 13 | | Section, in determining whether a majority of the equalized | 14 | | assessed
valuation of the taxing district is located in one | 15 | | or more counties that have
approved a referendum under this | 16 | | Section, the equalized assessed valuation of
the taxing | 17 | | district in any affected county shall be included with the | 18 | | equalized
assessed value of the taxing district in counties | 19 | | that have approved the
referendum.
| 20 | | (f) Immediately after a referendum is held under this | 21 | | Section, the county
clerk of the
county holding the referendum | 22 | | shall give notice of the referendum having been
held and its | 23 | | results to all taxing districts that have all
or a portion of | 24 | | their equalized assessed valuation located in the county, the
| 25 | | county clerk of any other county in which any of the equalized | 26 | | assessed
valuation of any taxing district is located, and the |
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| 1 | | Department of Revenue.
After the last referendum affecting a | 2 | | multi-county taxing district is held, the
Department of Revenue
| 3 | | shall determine whether the taxing district is subject to this | 4 | | Law
and, if so, shall notify the taxing district and the county | 5 | | clerks of all of
the
counties in which a portion of the | 6 | | equalized assessed valuation of the
taxing district is located | 7 | | that, beginning the following January 1, the
taxing
district is | 8 | | subject to this Law.
For each taxing district subject to | 9 | | paragraph (2) of subsection (e) of this
Section, the Department | 10 | | of Revenue shall notify the taxing district and the
county | 11 | | clerks of all of the counties in which a portion of the | 12 | | equalized
assessed valuation of the taxing district is located | 13 | | that, beginning January 1,
1997, the taxing district is subject | 14 | | to this Law.
| 15 | | (g) Referenda held under this Section shall be conducted in | 16 | | accordance with
the Election Code.
| 17 | | (Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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