HB4043 100TH GENERAL ASSEMBLY

LRB100 12319 AWJ 24967 b

100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4043

Introduced , by Rep. Mark Batinick

SYNOPSIS AS INTRODUCED:

New Act
10 ILCS 5/28-8.2 new
35 ILCS 200/18-53 new
55 ILCS 5/5-1005.7 new
60 ILCS 1/235-12 new
65 ILCS 5/8-3-20 new
105 ILCS 5/17-3.4	from Ch. 122, par. 17-3.4
105 ILCS 5/17-11.3 new

Creates the Local Government Property Tax Referendum Act. Provides that any referendum, initiative, proposition, or other ballot question which establishes a new tax, increases an existing tax, or gives a unit of local government the authority to establish a new tax or increase an existing tax shall only be submitted to the voters or electors at a general election. Excludes emergency referenda submitted to the voters or electors at times other than general elections. Makes similar changes to the Election Code, the Property Tax Code, the Counties Code, the Township Code, the Illinois Municipal Code, and the School Code.

A BILL FOR

AN ACT concerning revenue.

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

Section 1. Short title. This Act may be cited as the Local Government Property Tax Referendum Act.

Section 5. Referendum to establish or increase tax. Notwithstanding any other provision of law, any referendum, initiative, proposition, or other ballot question which establishes a new tax, increases an existing tax, or gives a unit of local government the authority to establish a new tax or increase an existing tax shall only be submitted to the voters or electors at general elections. However, nothing in this Section prevents emergency referenda under Section 2A-1.4 of the Election Code from being submitted to the voters or electors at times other than general elections.

Section 900. The Election Code is amended by adding Section 28-8.2 as follows:

(10 ILCS 5/28-8.2 new)

Sec. 28-8.2. Referendum to establish or increase tax. Notwithstanding any other provision of law, any referendum, initiative, proposition, or other ballot question which establishes a new tax, increases an existing tax, or gives a unit of local government or school district the authority to establish a new tax or increase an existing tax shall only be submitted to the voters or electors at general elections. However, nothing in this Section prevents emergency referenda under Section 2A-1.4 of the Election Code from being submitted to the voters or electors at times other than general elections.

Section 905. The Property Tax Code is amended by adding Section 18-53 as follows:

(35 ILCS 200/18-53 new)

Sec. 18-53. Referendum to establish or increase tax. Notwithstanding any other provision of law, any referendum, initiative, proposition, or other ballot question which establishes a new tax, increases an existing tax, or gives a unit of local government or school district the authority to establish a new tax or increase an existing tax shall only be submitted to the voters or electors at general elections. However, nothing in this Section prevents emergency referenda under Section 2A-1.4 of the Election Code from being submitted to the voters or electors at times other than general elections.

Section 910. The Counties Code is amended by adding Section 5-1005.7 as follows:

(55 ILCS 5/5-1005.7 new)

Sec. 5-1005.7. Referendum to establish or increase tax. Notwithstanding any other provision of law, any referendum, initiative, proposition, or other ballot question which establishes a new tax, increases an existing tax, or gives a county the authority to establish a new tax or increase an existing tax shall only be submitted to the voters or electors at general elections. However, nothing in this Section prevents emergency referenda under Section 2A-1.4 of the Election Code from being submitted to the voters or electors at times other than general elections.

Section 915. The Township Code is amended by adding Section 235-12 as follows:

(60 ILCS 1/235-12 new)

Sec. 235-12. Referendum to establish or increase tax. Notwithstanding any other provision of law, any referendum, initiative, proposition, or other ballot question which establishes a new tax, increases an existing tax, or gives a township the authority to establish a new tax or increase an existing tax shall only be submitted to the voters or electors at general elections. However, nothing in this Section prevents emergency referenda under Section 2A-1.4 of the Election Code from being submitted to the voters or electors at times other than general elections.

Section 920. The Illinois Municipal Code is amended by adding Section 8-3-20 as follows:

(65 ILCS 5/8-3-20 new)

Sec. 8-3-20. Referendum to establish or increase tax. Notwithstanding any other provision of law, any referendum, initiative, proposition, or other ballot question which establishes a new tax, increases an existing tax, or gives a municipality the authority to establish a new tax or increase an existing tax shall only be submitted to the voters or electors at general elections. However, nothing in this Section prevents emergency referenda under Section 2A-1.4 of the Election Code from being submitted to the voters or electors at times other than general elections.

Section 925. The School Code is amended by changing Section 17-3.4 and by adding Section 17-11.3 as follows:

(105 ILCS 5/17-3.4) (from Ch. 122, par. 17-3.4)

Sec. 17-3.4. Form of ballot and notice. Except as otherwise provided under subsection (d) of Section 17-6.1 or Section 17-11.3, whenever any proposition to authorize or to levy an annual tax, or to increase the annual rate of tax levied by any school district, for any school purpose is submitted to the voters of such district at any election, each required notice or other publication of the election or referendum and the form of ballot shall contain, in addition to any other matters required by law:

(a) the geographic or other common name of the school district by which that district is commonly known and referred to, as well as the number of the district;

(b) the maximum rate at which such tax may be levied if the proposition is approved;

(c) the total dollar amount of the most recently approved annual budget of the school district, what the total dollar amount of that annual budget would be if increased by the amount of additional tax which may be levied if the proposition is approved, and what would be the percentage of increase in the total dollar amount of the most recently approved annual budget of the school district if such total dollar amount were increased by the amount of additional tax which may be levied if the proposition is approved; and

(d) if the proposition is to increase the annual rate of an existing tax levied by the school district, then in addition to the matters set forth in (a), (b) and (c) above, the annual rate at which such existing tax currently is levied and the percentage of increase between the maximum rate at which such tax may be levied if the proposition is approved and the annual rate at which such tax currently is levied.

(Source: P.A. 86-579; 86-1318.)

(105 ILCS 5/17-11.3 new)

Sec. 17-11.3. Referendum to establish or increase tax. Notwithstanding any other provision of law, any referendum, initiative, proposition, or other ballot question which establishes a new tax, increases an existing tax, or gives a school district the authority to establish a new tax or increase an existing tax shall only be submitted to the voters or electors at general elections. However, nothing in this Section prevents emergency referenda under Section 2A-1.4 of the Election Code from being submitted to the voters or electors at times other than general elections.