SB1840 103RD GENERAL ASSEMBLY

LRB103 05269 AWJ 50287 b

103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB1840

Introduced 2/9/2023, by Sen. Elgie R. Sims, Jr.

SYNOPSIS AS INTRODUCED:

70 ILCS 1205/5-9

from Ch. 105, par. 5-9

Amends the Park District Code. Provides that a park district may levy and collect annually a tax for maintaining a police system, for implementing and maintaining public safety and security measures, or both (currently, only for maintaining a police system) within the parks, playgrounds, and other facilities maintained by the district. Defines "public safety and security measures". Makes conforming changes. Effective immediately.

A BILL FOR

AN ACT concerning local government.

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

Section 5. The Park District Code is amended by changing Section 5-9 as follows:

(70 ILCS 1205/5-9) (from Ch. 105, par. 5-9)

Sec. 5-9. Any park district may levy and collect annually, a tax of not to exceed .025 per cent of the value, as equalized or assessed by the Department of Revenue of all taxable property in the district for the purpose of organizing and maintaining a police system, for implementing and maintaining public safety and security measures, or both within the parks and playgrounds maintained by the district. The tax shall be levied and collected in the same manner as the general taxes for the district. This tax shall be in addition to all other taxes authorized by law to be levied and collected in the district and shall not be included within any limitation of rate contained in this Code or any other law, but shall be excluded therefrom and be in addition thereto and in excess thereof.

The proceeds of the tax authorized by this Section shall be paid to the treasurer of the district and kept in a fund to be known as the police and public safety and security fund. This fund shall be used for the organization and maintaining of a police system including the hiring of a regular policeman or police force for the purpose of policing the parks and playgrounds maintained within the district or for public safety and security measures.

Prior to levy and collection of such tax, the park districts shall adopt a resolution that it shall levy and collect such tax, and, within 15 days after adopting the resolution, it shall be published once in a newspaper published and having a general circulation in the park district, or, if there is no such newspaper, then in some newspaper having a general circulation in the county wherein such district or the greater or greatest portion in area of said district lies, or, if there be no such newspaper, copies of the ordinance shall be posted in at least three public places in the district. The publication or posting of the resolution shall include a notice of (1) the specific number of voters required to sign a petition requesting that the question of the adoption of the resolution be submitted to the electors of the district; (2) the time in which the petition must be filed; and (3) the date of the prospective referendum.

The Secretary of the governing board of the park district shall provide a petition form to any individual requesting one.

If within this 30 day period a petition is filed, signed by electors of the district numbering 10% or more of the registered voters of the district, asking that the question of levying and collecting such tax be submitted to the electors of the district, the board shall certify the question to the proper election officials, who shall submit that question at an election in which all the electors of the district may vote. If no such valid petition is filed with the secretary of the district within 30 days after the publication or posting of the resolution, then the park district shall be authorized to levy and collect such tax. Notice of such referendum shall be given and such referendum shall be conducted in the manner provided by the general election law.

The proposition shall be in substantially the following form:

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Shall the.... Park District be authorized and empowered to levy and collect a tax of YES .... per cent for the purpose of police ---------------

programs, public safety and security measures, NO or both as provided in Section 5-9 of the Park District Code?

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If a majority of the voters of such district voting thereon vote for the levy and collection of the tax provided for, such district shall be authorized and empowered to levy and collect such tax annually thereafter for a police system, public safety and security measures, or both. If the park district has police officers, the police officers must complete if the district participates in the training program established under the Illinois Police Training Act. The foregoing limitations upon tax rates may be increased or decreased according to the referendum provisions of the General Revenue Law of the State of Illinois.

If a majority of voters of a park district have approved a proposition under this Section for "police programs" prior to the effective date of this amendatory Act of the 103rd General Assembly, the levy approved may also be used for public safety and security measures.

As used in this Section, "public safety and security measures" includes, but is not limited to, security personnel, special-events staff, safety audits, safety drills, active-shooter training or similar training, and security improvements or safety-related upgrades to buildings, grounds, or other facilities, such as security lighting, video cameras, metal detectors, and emergency call boxes.

(Source: P.A. 87-767.)

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