99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4081

 

Introduced , by Rep. Dwight Kay

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/18-50.2 new
105 ILCS 5/17-20 new
110 ILCS 805/3-7.12 new

    Amends the Property Tax Code. Provides that, if a taxing district is authorized by statute to levy a property tax, and if that tax is subject to a backdoor referendum, then, before the taxing district levies the tax for the first time, and before the taxing district increases the rate of tax, the taxing district shall instead submit the tax rate to direct referendum. Amends the School Code and the Public Community College Act to make conforming changes. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by adding
5Section 18-50.2 as follows:
 
6    (35 ILCS 200/18-50.2 new)
7    Sec. 18-50.2. Backdoor referendum prohibited.
8    (a) For the purposes of this Section:
9    "Backdoor referendum" has the same meaning provided in
10Section 28-2 of the Election Code.
11    "Taxing district" has the same meaning provided in Section
121-150 of this Code, except that the term does not include home
13rule units.
14    (b) Notwithstanding any other provision of law, if a taxing
15district is authorized by statute to levy a tax upon the
16equalized assessed value of all taxable property in the taxing
17district, and if that tax is subject to a backdoor referendum,
18then, before the taxing district levies the tax for the first
19time, and before the taxing district increases the rate of tax,
20the taxing district shall instead submit the tax rate to direct
21referendum under the provisions of this Section and of Article
2228 of the Election Code.
23    (c) The proposition seeking to obtain referendum approval

 

 

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1to levy a the tax for the first time shall be in substantially
2the following form:
3        "Shall (name of taxing district) be authorized to levy
4    a new tax for ... purposes and have an additional tax of
5    ...% of the equalized assessed value of the taxable
6    property therein extended for such purposes?"
7    Votes shall be recorded as "Yes" or "No".
8    (d) The proposition seeking to obtain referendum approval
9to increase the tax rate shall be in substantially the
10following form:
11        "Shall the tax rate for (name of taxing district) for
12    (purposes) under (name of statute) for (insert levy year of
13    the increase) be increased by an additional amount equal to
14    ...% above the tax rate for (levy year)?
15    Votes shall be recorded as "Yes" or "No".
16    (e) If a majority of all ballots cast on the proposition
17are in favor of the proposition, then the new tax or increased
18tax rate shall be applicable to the extension of taxes for the
19taxing district beginning in the first levy year after the new
20rate or increase is approved.
 
21    Section 10. The School Code is amended by adding Section
2217-20 as follows:
 
23    (105 ILCS 5/17-20 new)
24    Sec. 17-20. Backdoor referendum prohibited. This Act is

 

 

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1subject to the provisions of Section 18-50.2 of the Property
2Tax Code.
 
3    Section 15. The Public Community College Act is amended by
4adding Section 3-7.12 as follows:
 
5    (110 ILCS 805/3-7.12 new)
6    Sec. 3-7.12. Backdoor referendum prohibited. This Act is
7subject to the provisions of Section 18-50.2 of the Property
8Tax Code.
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.