HB3159ham001 98TH GENERAL ASSEMBLY

Rep. Jeanne M Ives

Filed: 3/18/2013

09800HB3159ham001 LRB098 11009 HLH 43324 a

AMENDMENT TO HOUSE BILL 3159

AMENDMENT NO. ______. Amend House Bill 3159 by replacing everything after the enacting clause with the following:

"Section 5. The Property Tax Code is amended by changing Sections 27-5, 27-30, and 27-55 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. 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 infrastructure projects all forms of services pertaining to the government and affairs of the municipality or county, including municipal roads and streets, public parks, access roads, bridges, sidewalks, waste disposal systems, water and sewer line extensions, water distribution and purification facilities, storm water drainage and retention facilities, sewage treatment facilities, 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.

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

(35 ILCS 200/27-30)

Sec. 27-30. Manner of notice. Prior to or within 60 days after the adoption of the ordinance proposing the establishment of a special service area the municipality or county shall fix a time and a place for a public hearing. The public hearing shall be held not less than 60 days after the adoption of the ordinance proposing the establishment of a special service area. Notice of the hearing shall be given by publication and mailing, except that notice of a public hearing to propose the establishment of a special service area for weather modification purposes may be given by publication only. Notice by publication shall be given by publication at least once not less than 15 days prior to the hearing in a newspaper of general circulation within the municipality or county. Notice by mailing shall be given by depositing the notice in the United States mails addressed to the person or persons in whose name the general taxes for the last preceding year were paid on each property lying within the special service area. A notice shall be mailed not less than 10 days prior to the time set for the public hearing. In the event taxes for the last preceding year were not paid, the notice shall be sent to the person last listed on the tax rolls prior to that year as the owner of the property. A list of the names and addresses of the individuals and entities to whom the notice will be sent by mail shall be published at the time notice is given and shall be available at the public hearing.

(Source: P.A. 97-1053, eff. 1-1-13.)

(35 ILCS 200/27-55)

Sec. 27-55. Authorization Objection petition. Notwithstanding any other provision of law, on and after the effective date of this amendatory Act of the 98th General Assembly, no special service area may be created or enlarged; no special service area tax may be levied, imposed, or increased; and no bonds may be issued for the provision of special services within the area, unless If a petition signed by at least 51% of the taxpayers of record of all property electors residing within the special service area or and by at least 51% of the taxpayers owners of record of the land included within the boundaries of the special service area is filed with the municipal clerk or county clerk, as the case may be, authorizing within 60 days following the final adjournment of the public hearing, objecting to the creation of the special service district, the enlargement of the area, the levy or imposition of a tax or the issuance of bonds for the provision of special services to the area, or to a proposed increase in the tax rate, as the case may be. The petition must be filed within 60 days following the final adjournment of the public hearing. Only one taxpayer of record may sign an authorization petition for any single property index number within the proposed special service area. For the purposes of signing the petition, "taxpayer of record" means either (i) any person in whose name the general taxes for the last preceding year were paid, as demonstrated by a copy of the tax bill or documentation from the assessor or clerk, or (ii) any person in whose name title is held, as demonstrated by a copy of the last recorded deed to the property. Any authorized agent may sign a petition on behalf of an entity, and that person's certification of his or her authority to sign shall be presumptive evidence of his or her authority to sign. A beneficiary of a land trust may sign the petition with respect to the property held by that land trust, and that person's certification that he or she is a beneficiary shall be presumptive evidence of his or her authorization to sign. Taxpayers , the district shall not be created or enlarged, or the tax shall not be levied or imposed nor the rate increased, or no bonds may be issued. The subject matter of the petition shall not be proposed relative to any signatories of the petition within the next 2 years. Each resident of the special service area registered to vote at the time of the public hearing held with regard to the special service area shall be considered an elector. Each person in whose name legal title to land included within the boundaries of the special service area is held according to the records of the county in which the land is located shall be considered an owner of record. Owners of record shall be determined at the time of the public hearing held with regard to a special service area. Land owned in the name of a land trust, corporation, estate or partnership shall be considered to have a single owner of record.

(Source: P.A. 82-640; 88-455.)

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