State of Illinois
92nd General Assembly
Legislation

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[ House Amendment 001 ]


92_HB5694

 
                                               LRB9214127BDpc

 1        AN ACT concerning forest preserve districts.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Downstate Forest Preserve District Act is
 5    amended by changing Section 13.1 as follows:

 6        (70 ILCS 805/13.1) (from Ch. 96 1/2, par. 6324)
 7        Sec. 13.1. (a) After the first Monday in October  and  by
 8    the  first  Monday  in December in each year, the board shall
 9    levy the general taxes for the district by general categories
10    for the next fiscal  year.  A  certified  copy  of  the  levy
11    ordinance  shall  be  filed with the county clerk by the last
12    Tuesday in December each year.
13        (b)  In forest preserve districts with  a  population  of
14    less  than  3,000,000, the amount of taxes levied for general
15    corporate purposes for a fiscal year may not exceed the  rate
16    of  .06%  of  the  value,  as  equalized  or  assessed by the
17    Department of Revenue, of the taxable property therein.
18        (c)  In  forest   preserve   districts   located   within
19    Winnebago  County,  the  amount  of  taxes levied for general
20    corporate purposes for a fiscal year may not exceed the  rate
21    of  .10%  of  the  value,  as  equalized  or  assessed by the
22    Department of Revenue, of the taxable property  therein.  The
23    tax  may  not be levied until the question of levying the tax
24    has been submitted to the  electors  of  the  district  at  a
25    regular  election  and approved by a majority of the electors
26    voting on the question. The board must certify  the  question
27    to  the  proper  election  authority,  which  must submit the
28    question at an election in accordance with the Election Code.
29        The  election  authority  must  submit  the  question  in
30    substantially the following form:
31             Shall (name of district) by authorized to levy a tax
 
                            -2-                LRB9214127BDpc
 1        at the rate of .10% on the equalized  assessed  value  on
 2        taxable  property  located  within  the  district for its
 3        general purposes?
 4    The election authority must record  the  votes  as  "Yes"  or
 5    "No".
 6        If a majority of the electors voting on the question vote
 7    in   the   affirmative,  the  forest  preserve  district  may
 8    thereafter levy the tax.
 9        (d)  In addition, in forest preserve districts  having  a
10    population  of  100,000  or more but less than 3,000,000, the
11    board   may   levy   taxes   for   constructing,    restoring
12    reconditioning, reconstructing and acquiring improvements and
13    for  the  development  of  the  forests  and  lands  of  such
14    district,  the  amount of which tax each fiscal year shall be
15    extended at a rate not to exceed .025% of the assessed  value
16    of  all  taxable  property  as equalized by the Department of
17    Revenue.
18        (e)  All such taxes and rates are exclusive of the  taxes
19    required  for the payment of the principal of and interest on
20    bonds, and exclusive of taxes levied for  employees'  annuity
21    and benefit purposes.
22        (f)  The   rate  of  tax  levied  for  general  corporate
23    purposes in a forest preserve district may not  be  increased
24    by  virtue  of  this  amendatory Act of 1977 unless the board
25    first adopts  a  resolution  authorizing  such  increase  and
26    publishes  notice  thereof  in  a  newspaper  having  general
27    circulation  in  the  district at least once not less than 45
28    days prior to the effective date of the increase.  The notice
29    shall include a statement  of  (1)  the  specific  number  of
30    voters  required  to  sign  a  petition  requesting  that the
31    question of the adoption of the resolution  be  submitted  to
32    the  electors  of  the  district;  (2)  the time in which the
33    petition must be filed; and (3) the date of  the  prospective
34    referendum.   The  Secretary  of the district shall provide a
 
                            -3-                LRB9214127BDpc
 1    petition form to any individual requesting one. If, no  later
 2    than  30 days after the publication of such notice, petitions
 3    signed by voters of the district equal to 10% or more of  the
 4    registered voters of the district, as determined by reference
 5    to  the  number  of  voters  registered at the next preceding
 6    general election, and residing in the district are  presented
 7    to  the  board  expressing  opposition  to  the increase, the
 8    proposition must first be  certified  by  the  board  to  the
 9    proper  election  officials, who shall submit the proposition
10    to the legal  voters  of  the  district  at  an  election  in
11    accordance  with  the  general election law and approved by a
12    majority of those voting on the proposition.
13        (g)  The rate of the tax  levied  for  general  corporate
14    purposes  in  a forest preserve district may be increased, up
15    to the maximum rate identified in this Section, by the  Board
16    by a resolution calling for the submission of the question of
17    increasing  the  rate  to  the  voters  of  the  district  in
18    accordance  with  the general election law. The question must
19    be in substantially the following form:
20             "Shall (name of district) be authorized to establish
21        its general corporate tax rate at (insert  rate)  on  the
22        equalized  assessed  value  on  taxable  property located
23        within the district for its general  purposes,  including
24        education,  outdoor  recreation, maintenance, operations,
25        public safety at the forest preserves, trails, and  other
26        properties  of  the district (and, optionally, insert any
27        other lawful  purposes  or  programs  determined  by  the
28        Board).
29        The  ballot  must  have printed on it, but not as part of
30    the proposition submitted, the  following:  "The  approximate
31    impact   of   the   proposed  increase  on  the  owner  of  a
32    single-family home having a market value  of  (insert  value)
33    would be (insert amount) in the first year of the increase if
34    the  increase  is  fully  implemented."   The ballot may have
 
                            -4-                LRB9214127BDpc
 1    printed on it, but not as part of  the  proposition,  one  or
 2    both  of  the following:  "The last tax rate extended for the
 3    purposes of the district was (insert rate).   The  last  rate
 4    increase  approved  for  the  purposes of the district was in
 5    (insert year)."  No other information needs to be included on
 6    the ballot.
 7        The votes must be recorded as "Yes" or "No".
 8        If a majority of the electors voting on the question vote
 9    in the affirmative, the district may thereafter levy the tax.
10    (Source: P.A. 92-103, eff. 7-20-01.)

11        Section 99.  Effective date.  This Act takes effect  upon
12    becoming law.

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