Sen. Larry K. Bomke

Filed: 3/11/2011

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 108

2    AMENDMENT NO. ______. Amend Senate Bill 108 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Illinois Municipal Code is amended by
5changing Section 8-11-1.1 as follows:
 
6    (65 ILCS 5/8-11-1.1)  (from Ch. 24, par. 8-11-1.1)
7    Sec. 8-11-1.1. Non-home rule municipalities; imposition of
8taxes.
9    (a) The The corporate authorities of a non-home rule
10municipality may, upon approval of the electors of the
11municipality pursuant to subsection (b) of this Section, impose
12by ordinance or resolution the tax authorized in Sections
138-11-1.3, 8-11-1.4 and 8-11-1.5 of this Act.
14    (b) The corporate authorities of the municipality may by
15ordinance or resolution call for the submission to the electors
16of the municipality the question of whether the municipality

 

 

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1shall impose such tax. Such question shall be certified by the
2municipal clerk to the election authority in accordance with
3Section 28-5 of the Election Code and shall be in a form in
4accordance with Section 16-7 of the Election Code.
5    Notwithstanding any provision of law to the contrary, if
6the proceeds of the tax may be used for municipal operations
7pursuant to Section 8-11-1.3, 8-11-1.4, or 8-11-1.5, then the
8election authority must submit the question in substantially
9the following form:
10        Shall the corporate authorities of the municipality be
11    authorized to levy a tax at a rate of (rate)% for
12    expenditures on municipal operations, expenditures on
13    public infrastructure, or property tax relief?
14    If a majority of the electors in the municipality voting
15upon the question vote in the affirmative, such tax shall be
16imposed.
17    An ordinance or resolution imposing the tax of not more
18than 1% hereunder or discontinuing the same shall be adopted
19and a certified copy thereof, together with a certification
20that the ordinance or resolution received referendum approval
21in the case of the imposition of such tax, filed with the
22Department of Revenue, on or before the first day of June,
23whereupon the Department shall proceed to administer and
24enforce the additional tax or to discontinue the tax, as the
25case may be, as of the first day of September next following
26such adoption and filing. Beginning January 1, 1992, an

 

 

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1ordinance or resolution imposing or discontinuing the tax
2hereunder shall be adopted and a certified copy thereof filed
3with the Department on or before the first day of July,
4whereupon the Department shall proceed to administer and
5enforce this Section as of the first day of October next
6following such adoption and filing. Beginning January 1, 1993,
7an ordinance or resolution imposing or discontinuing the tax
8hereunder shall be adopted and a certified copy thereof filed
9with the Department on or before the first day of October,
10whereupon the Department shall proceed to administer and
11enforce this Section as of the first day of January next
12following such adoption and filing. Beginning October 1, 2002,
13an ordinance or resolution imposing or discontinuing the tax
14under this Section or effecting a change in the rate of tax
15must either (i) be adopted and a certified copy of the
16ordinance or resolution filed with the Department on or before
17the first day of April, whereupon the Department shall proceed
18to administer and enforce this Section as of the first day of
19July next following the adoption and filing; or (ii) be adopted
20and a certified copy of the ordinance or resolution filed with
21the Department on or before the first day of October, whereupon
22the Department shall proceed to administer and enforce this
23Section as of the first day of January next following the
24adoption and filing.
25    Notwithstanding any provision in this Section to the
26contrary, if, in a non-home rule municipality with more than

 

 

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1150,000 but fewer than 200,000 inhabitants, as determined by
2the last preceding federal decennial census, an ordinance or
3resolution under this Section imposes or discontinues a tax or
4changes the tax rate as of July 1, 2007, then that ordinance or
5resolution, together with a certification that the ordinance or
6resolution received referendum approval in the case of the
7imposition of the tax, must be adopted and a certified copy of
8that ordinance or resolution must be filed with the Department
9on or before May 15, 2007, whereupon the Department shall
10proceed to administer and enforce this Section as of July 1,
112007.
12    Notwithstanding any provision in this Section to the
13contrary, if, in a non-home rule municipality with more than
146,500 but fewer than 7,000 inhabitants, as determined by the
15last preceding federal decennial census, an ordinance or
16resolution under this Section imposes or discontinues a tax or
17changes the tax rate on or before May 20, 2009, then that
18ordinance or resolution, together with a certification that the
19ordinance or resolution received referendum approval in the
20case of the imposition of the tax, must be adopted and a
21certified copy of that ordinance or resolution must be filed
22with the Department on or before May 20, 2009, whereupon the
23Department shall proceed to administer and enforce this Section
24as of July 1, 2009.
25    A non-home rule municipality may file a certified copy of
26an ordinance or resolution, with a certification that the

 

 

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1ordinance or resolution received referendum approval in the
2case of the imposition of the tax, with the Department of
3Revenue, as required under this Section, only after October 2,
42000.
5    The tax authorized by this Section may not be more than 1%
6and may be imposed only in 1/4% increments.
7(Source: P.A. 95-8, eff. 6-29-07; 96-10, eff. 5-20-09; 96-1057,
8eff. 7-14-10.)".