Full Text of HB5169 096th General Assembly
HB5169enr 96TH GENERAL ASSEMBLY
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HB5169 Enrolled |
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing | 5 |
| Section 18-195 as follows: | 6 |
| (35 ILCS 200/18-195) | 7 |
| Sec. 18-195. Limitation. Tax extensions made under | 8 |
| Sections 18-45 and 18-105
are further limited by the provisions | 9 |
| of this Law. | 10 |
| For those taxing districts that have levied in any previous | 11 |
| levy year for any
funds included in the aggregate extension, | 12 |
| the county clerk shall extend a rate
for the sum of these funds | 13 |
| that is no greater than the limiting rate. | 14 |
| For those taxing districts that have never levied for any | 15 |
| funds included in
the aggregate extension, the county clerk | 16 |
| shall extend an amount no greater
than the amount approved by | 17 |
| the voters in a referendum under Section 18-210. | 18 |
| If the county clerk is required to reduce the aggregate | 19 |
| extension of a
taxing district by provisions of this Law, the | 20 |
| county clerk shall
proportionally reduce the extension for each | 21 |
| fund unless otherwise
requested by the taxing district. | 22 |
| Upon written request of the corporate authority of a | 23 |
| village, the county
clerk
shall calculate separate limiting |
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HB5169 Enrolled |
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| rates for the library funds and for the
aggregate of the other | 2 |
| village funds in order to reduce the funds as may be
required | 3 |
| under provisions of this Law. In calculating the limiting rate | 4 |
| for
the library, the county clerk shall use only the part of | 5 |
| the aggregate
extension base applicable to the library, and for | 6 |
| any rate increase or decrease
factor under Section 18-230 the | 7 |
| county clerk shall use only any new rate or
rate increase | 8 |
| applicable to the library funds and the part of the rate
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| applicable to the library in determining factors under that | 10 |
| Section. The
county clerk shall calculate the limiting rate for | 11 |
| all other village funds
using only the part of the aggregate | 12 |
| extension base not applicable to the
library, and for any rate | 13 |
| increase or decrease factor under Section 18-230 the
county | 14 |
| clerk shall use only any new rate or rate increase not | 15 |
| applicable to the
library funds and the part of the rate not | 16 |
| applicable to the library in
determining factors under that | 17 |
| Section. If the county clerk is required to
reduce the | 18 |
| aggregate extension of the library portion of the levy, the | 19 |
| county
clerk shall proportionally reduce the extension for
each | 20 |
| library fund unless otherwise requested by the library board. | 21 |
| If the
county clerk is required to reduce the aggregate | 22 |
| extension of the portion of
the
levy not applicable to the | 23 |
| library, the county clerk shall proportionally
reduce
the | 24 |
| extension for each fund not applicable to the library unless | 25 |
| otherwise
requested by the village. | 26 |
| Beginning with the 1998 levy year upon written direction of |
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HB5169 Enrolled |
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LRB096 19045 HLH 34436 b |
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| a county or
township community mental health board, the county | 2 |
| clerk shall calculate
separate
limiting rates for the community | 3 |
| mental health funds and for the aggregate of
the other county | 4 |
| or township funds in order to reduce the funds as may be
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| required under provisions of this Law. In calculating the | 6 |
| limiting rate for
the community mental health funds, the county | 7 |
| clerk shall use only the part of
the aggregate
extension base | 8 |
| applicable to the community mental health funds; and for any
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| rate increase or decrease
factor under Section 18-230, the | 10 |
| county clerk shall use only any new rate or
rate increase | 11 |
| applicable to the community mental health funds and the part of
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| the rate
applicable to the community mental health board in | 13 |
| determining factors under
that Section. The
county clerk shall | 14 |
| calculate the limiting rate for all other county or township
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| funds
using only the part of the aggregate extension base not | 16 |
| applicable to community
mental health funds; and for any rate | 17 |
| increase or decrease factor under
Section 18-230, the
county | 18 |
| clerk shall use only any new rate or rate increase not | 19 |
| applicable to the
community mental health funds and the part of | 20 |
| the rate not applicable to the
community
mental health board in
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| determining factors under that Section. If the county clerk is | 22 |
| required to
reduce the aggregate extension of the community | 23 |
| mental health board portion of
the levy, the county
clerk shall | 24 |
| proportionally reduce the extension for
each community mental | 25 |
| health fund unless otherwise directed by the community
mental
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| health board. If the
county clerk is required to reduce the |
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HB5169 Enrolled |
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| aggregate extension of the portion of
the
levy not applicable | 2 |
| to the community mental health board, the county clerk
shall | 3 |
| proportionally
reduce
the extension for each fund not | 4 |
| applicable to the community mental health board
unless | 5 |
| otherwise
directed by the county or township. | 6 |
| If the county is not subject to Section 1.1 or 1.2 of the | 7 |
| County Care for Persons with Developmental Disabilities Act, | 8 |
| then, beginning Beginning with the 2001 levy year , upon written | 9 |
| direction of a county or
township board for care and treatment | 10 |
| of persons with a developmental
disability, the county clerk | 11 |
| shall calculate separate
limiting rates for the funds for | 12 |
| persons with a developmental disability and
for
the aggregate | 13 |
| of
the other county or township funds in order to reduce the | 14 |
| funds as may be
required under provisions of this Law. If the | 15 |
| county is subject to Section 1.1 or 1.2 of the County Care for | 16 |
| Persons with Developmental Disabilities Act, then, beginning | 17 |
| with the levy year in which the voters approve the tax under | 18 |
| Section 1.1 or 1.2 of that Act, the county clerk shall | 19 |
| calculate separate
limiting rates for the funds for persons | 20 |
| with a developmental disability and
for
the aggregate of
the | 21 |
| other county or township funds in order to reduce the funds as | 22 |
| may be
required under provisions of this Law. In calculating | 23 |
| the limiting rate for
the funds for persons with a | 24 |
| developmental disability, the county clerk shall
use only the | 25 |
| part of
the aggregate
extension base applicable to the funds | 26 |
| for persons with a developmental
disability; and for any
rate |
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HB5169 Enrolled |
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LRB096 19045 HLH 34436 b |
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| increase or decrease
factor under Section 18-230, the county | 2 |
| clerk shall use only any new rate or
rate increase applicable | 3 |
| to the funds for persons with a developmental
disability and | 4 |
| the part of
the rate
applicable to the board for care and | 5 |
| treatment of persons with a developmental
disability in | 6 |
| determining factors under
that Section. The
county clerk shall | 7 |
| calculate the limiting rate for all other county or township
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| funds
using only the part of the aggregate extension base not | 9 |
| applicable to
funds for persons with a developmental | 10 |
| disability; and for any rate increase or
decrease factor under
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| Section 18-230, the
county clerk shall use only any new rate or | 12 |
| rate increase not applicable to the
funds for persons with a | 13 |
| developmental disability and the part of the rate not
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| applicable to the
board for care and treatment of persons with | 15 |
| a developmental disability in
determining factors under that | 16 |
| Section. If the county clerk is required to
reduce the | 17 |
| aggregate extension of the board for care and treatment of | 18 |
| persons
with a developmental disability portion of
the levy, | 19 |
| the county
clerk shall proportionally reduce the extension for
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| each fund for persons with a developmental disability unless | 21 |
| otherwise directed
by the board for care and treatment of | 22 |
| persons with a developmental disability.
If the
county clerk is | 23 |
| required to reduce the aggregate extension of the portion of
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| the levy not applicable to the board for care and treatment of | 25 |
| persons with a
developmental disability, the county clerk shall | 26 |
| proportionally reduce the
extension for each fund not |
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HB5169 Enrolled |
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LRB096 19045 HLH 34436 b |
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| applicable to the board for care and treatment of
persons with | 2 |
| a developmental disability unless otherwise directed by the | 3 |
| county
or township. | 4 |
| (Source: P.A. 90-339, eff. 8-8-97; 90-652, eff. 7-28-98; | 5 |
| 91-859, eff.
6-22-00.) | 6 |
| Section 10. The County Care for Persons with Developmental | 7 |
| Disabilities Act is amended by changing Section 1 and by adding | 8 |
| Sections 1.1 and 1.2 as follows:
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| (55 ILCS 105/1) (from Ch. 91 1/2, par. 201)
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| Sec. 1. Facilities or services; tax levy. Any county may | 11 |
| provide facilities or services for the benefit
of its residents | 12 |
| who are mentally retarded or under
a developmental disability | 13 |
| and who are not eligible to participate
in any such program | 14 |
| conducted under Article 14 of the School Code, or
may contract | 15 |
| therefor with any privately or publicly operated entity
which | 16 |
| provides facilities or services either in or out of such | 17 |
| county.
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| For such purpose, the county board may levy an annual tax | 19 |
| of not to
exceed .1% upon all of the taxable property in the | 20 |
| county at the value
thereof, as equalized or assessed by the | 21 |
| Department of Revenue. Taxes first levied under this Section on | 22 |
| or after the effective date of this amendatory Act of the 96th | 23 |
| General Assembly are subject to referendum approval under | 24 |
| Section 1.1 or 1.2 of this Act. Such tax
shall be levied and |
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HB5169 Enrolled |
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| collected in the same manner as
other county taxes, but shall | 2 |
| not be included in any limitation
otherwise prescribed as to | 3 |
| the rate or amount of county taxes but shall
be in addition | 4 |
| thereto and in excess thereof. When collected, such tax
shall | 5 |
| be paid into a special fund in the county treasury, to be
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| designated as the "Fund for Persons With a Developmental | 7 |
| Disability", and shall
be used
only for the purpose specified | 8 |
| in this Section. The levying of this annual tax shall not | 9 |
| preclude the county from the use of other federal, State, or | 10 |
| local funds for the purpose of providing facilities or services | 11 |
| for the care and treatment of its residents who are mentally | 12 |
| retarded or under a developmental disability.
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| (Source: P.A. 88-380; 88-388.)
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| (55 ILCS 105/1.1 new) | 15 |
| Sec. 1.1. Petition for submission to referendum by county. | 16 |
| (a) If, on and after the effective date of this amendatory | 17 |
| Act of the 96th General Assembly, the county board passes an | 18 |
| ordinance or resolution as provided in Section 1 of this Act | 19 |
| asking that an annual tax may be levied for the purpose of | 20 |
| providing facilities or services set forth in that Section and | 21 |
| so instructs the county clerk, the clerk shall certify the | 22 |
| proposition to the proper election officials for submission at | 23 |
| the next general county election. The proposition shall be in | 24 |
| substantially the following form: | 25 |
| Shall.....County levy an annual tax not to
exceed 0.1% |
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HB5169 Enrolled |
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| upon the equalized assessed value of all taxable property | 2 |
| in the county for the purposes of providing facilities or | 3 |
| services for the benefit of its residents who are mentally | 4 |
| retarded or under a developmental disability and who are | 5 |
| not eligible to participate in any program provided under | 6 |
| Article 14 of the School Code, 105 ILCS 5/14.1-1.01 et | 7 |
| seq., including contracting for those facilities or | 8 |
| services with any privately or publicly operated entity | 9 |
| that provides those facilities or services either in or out | 10 |
| of the county? | 11 |
| (b) If a majority of the votes cast upon the proposition | 12 |
| are in favor thereof, such tax levy shall be authorized and the | 13 |
| county shall levy a tax not to exceed the rate set forth in | 14 |
| Section 1 of this Act. | 15 |
| (55 ILCS 105/1.2 new) | 16 |
| Sec. 1.2. Petition for submission to referendum by | 17 |
| electors. | 18 |
| (a) Whenever a petition for submission to referendum by the | 19 |
| electors which requests the establishment and maintenance of | 20 |
| facilities or services for the benefit of its residents with a | 21 |
| developmental disability and the levy of an annual tax not to | 22 |
| exceed 0.1% upon all the taxable property in the county at the | 23 |
| value thereof, as equalized or assessed by the Department of | 24 |
| Revenue, is signed by electors of the county equal in number to | 25 |
| at least 10% of the total votes cast for the office that |
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| received the greatest total number of votes at the last | 2 |
| preceding general county election and is presented to the | 3 |
| county clerk, the clerk shall certify the proposition to the | 4 |
| proper election authorities for submission at the next general | 5 |
| county election. The proposition shall be in substantially the | 6 |
| following form: | 7 |
| Shall.....County levy an annual tax not to
exceed 0.1% | 8 |
| upon the equalized assessed value of all taxable property | 9 |
| in the county for the purposes of establishing and | 10 |
| maintaining facilities or services for the benefit of its | 11 |
| residents who are mentally retarded or under a | 12 |
| developmental disability and who are not eligible to | 13 |
| participate in any program provided under Article 14 of the | 14 |
| School Code, 105 ILCS 5/14.1-1.01 et seq., including | 15 |
| contracting for those facilities or services with any | 16 |
| privately or publicly operated entity that provides those | 17 |
| facilities or services either in or out of the county? | 18 |
| (b) If a majority of the votes cast upon the proposition | 19 |
| are in favor thereof, such tax levy shall be authorized and the | 20 |
| county shall levy a tax not to exceed the rate set forth in | 21 |
| Section 1 of this Act. | 22 |
| (55 ILCS 105/2 rep.) | 23 |
| Section 15. The County Care for Persons with Developmental | 24 |
| Disabilities Act is amended by repealing Section 2.
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| Section 99. Effective date. This Act takes effect upon |
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| becoming law. |
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