HB5698 95TH GENERAL ASSEMBLY

LRB095 19278 BDD 45558 b

95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008
HB5698

Introduced , by Rep. Naomi D. Jakobsson

SYNOPSIS AS INTRODUCED:

35 ILCS 200/27-5
35 ILCS 200/27-91 new

Amends the Special Service Area Law in the Property Tax Code. Authorizes municipalities to establish special service areas for repairing, reconstructing, or maintaining privately owned stormwater detention facilities. Sets forth procedures for establishing the special service areas. Exempts the special service areas from the Law's objection petition or disconnection procedures unless there exists a homeowners' association with legal duties concerning the detention facilities. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

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

Section 5. The Property Tax Code is amended by changing Section 27-5 and by adding Section 27-91 as follows:

(35 ILCS 200/27-5)

Sec. 27-5. Short title; definitions. This Article may be cited as the Special Service Area Tax Law.

When used in this Article:

"Special Service Area" means a contiguous area within a municipality or county in which special governmental services are provided in addition to those services provided generally throughout the municipality or county, the cost of the special services to be paid from revenues collected from taxes levied or imposed upon property within that area. Territory shall be considered contiguous for purposes of this Article even though certain completely surrounded portions of the territory are excluded from the special service area. Territory outside of a watershed that contributes no stormwater to a given detention facility is not considered to be contiguous to the detention facility. A county may create a special service area within a municipality or municipalities when the municipality or municipalities consent to the creation of the special service area. A municipality may create a special service area within a municipality and the unincorporated area of a county or within another municipality when the county or other municipality consents to the creation of the special service area.

"Special Services" means all forms of services pertaining to the government and affairs of the municipality or county, including but not limited to weather modification and improvements permissible under Article 9 of the Illinois Municipal Code, and contracts for the supply of water as described in Section 11-124-1 of the Illinois Municipal Code which may be entered into by the municipality or by the county on behalf of a county service area. "Special services" involving one or more stormwater detention facilities includes either or all of: maintenance, reconstruction, or repair of the facilities.

"Detention facility" means any publicly or privately owned man-made structure or arrangement of earth for the temporary or permanent storage of stormwater runoff with controlled release of the stormwater during or following a flood or storm for the purpose of either or both mitigating downstream flooding and protecting of residential or other structures from flooding and includes any stormwater detention basin and any stormwater retention basin and any other wet or dry catchment area that releases stormwater more slowly than would otherwise occur if the stormwater were allowed to flow freely in any given watershed.

"Storm water detention basin" means any detention facility designed to drain completely after temporary storage of stormwater flows and to normally be dry over the majority of its bottom area.

"Storm water retention basin" means any detention facility designed to maintain a permanent pool of water within the basin after the temporary storage of stormwater runoff.

"Watershed" means the geographic land area above a given detention facility that contributes stormwater to that detention facility.

(Source: P.A. 86-1324; 88-445.)

(35 ILCS 200/27-91 new)

Sec. 27-91. Special service area for privately owned or maintained detention facilities. If a municipality has a privately owned or maintained detention facility serving a watershed within its corporate limits, the corporate authorities of the municipality may propose a special service area comprising the territory within the watershed as provided in this Law for the purpose of repairing, reconstructing, or maintaining the detention facility; provided that the public hearing required under this Article must also be held to determine whether the detention facility is in need of the repair, reconstruction, or maintenance.

Such a proposal is not subject to the objection petition procedures set forth in Section 27-55 or disconnection procedures set forth in Section 27-60 unless there exists in good standing, as shown on the records of the Secretary of State, a homeowners' association that has a legal obligation to perform the repair, reconstruction, or maintenance of the detention facility.

If, as a result of the public hearing, the corporate authorities determine that the detention facility is in need of such repair, reconstruction, or maintenance, then the corporate authorities shall proceed to establish a special service area and authorize its agents and independent contractors to enter upon the real property and cause such repair, reconstruction, or maintenance to be undertaken and paid for by taxes levied in the Special Service Area.

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