HB4690 96TH GENERAL ASSEMBLY

LRB096 15775 HLH 31015 b

96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010
HB4690

Introduced , by Rep. Jack D. Franks

SYNOPSIS AS INTRODUCED:

35 ILCS 200/27-30
35 ILCS 200/27-55

Amends the Property Tax Code. In a Section concerning a public hearing held prior to the establishment of a special service area, provides that a list of the names and addresses of the individuals and entities to whom notice of the public hearing was sent by mail shall be made available at the public hearing. Provides that a special service area district may not be created or enlarged, a tax may not be levied or imposed nor the rate increased, nor may bonds be issued unless that action is authorized by a petition that is signed by at least 51% of the electors residing within the special service area and by at least 51% of the owners of record of the land included within the boundaries of the special service area (currently, the action may be taken unless a petition objecting to the action is filed). Provides that, if a person who is registered to vote has died or has permanently moved from the special service area, and if certified documentation is submitted along with the authorization petition, then that person shall not be counted as an elector for purposes of the authorization petition.

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 Sections 27-30 and 27-55 as follows:

(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. 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 by mail was sent shall be made available at the public hearing.

(Source: P.A. 82-282; 88-455.)

(35 ILCS 200/27-55)

Sec. 27-55. Authorization Objection petition. Unless If a petition that is signed by at least 51% of the electors residing within the special service area and by at least 51% of the 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, within 60 days following the final adjournment of the public hearing, authorizing 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, 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. However, if certified documentation or a sworn affidavit is submitted along with an authorization petition filed pursuant to this Section evidencing that an individual who is registered to vote has died or has permanently moved from the special service area and is no longer a resident of the special service area, then that individual shall not be counted as an elector for purposes of determining whether or not at least 51% of the electors residing within the special service area have signed the authorization petition. 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.)