98TH GENERAL ASSEMBLY
State of Illinois
2013 and 2014
HB3159

 

Introduced , by Rep. Jeanne M Ives

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/27-5
35 ILCS 200/27-30
35 ILCS 200/27-55

    Amends the Property Tax Code. In the Special Service Area Tax Law, provides that the term "special services" means certain specified infrastructure projects (instead of all forms of services) pertaining to the government and affairs of the municipality or county. Provides that a list of the names and addresses of the individuals and entities to whom notice of the public hearing concerning the establishment of a special service area was sent by mail shall be published at the time notice was given and made available at the public hearing. Provides that 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 in connection with a special service area, unless an authorization petition is filed with the municipal clerk or county clerk. 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 changing
5Sections 27-5, 27-30, and 27-55 as follows:
 
6    (35 ILCS 200/27-5)
7    Sec. 27-5. Short title; definitions. This Article may be
8cited as the Special Service Area Tax Law.
9    When used in this Article:
10    "Special Service Area" means a contiguous area within a
11municipality or county in which special governmental services
12are provided in addition to those services provided generally
13throughout the municipality or county, the cost of the special
14services to be paid from revenues collected from taxes levied
15or imposed upon property within that area. Territory shall be
16considered contiguous for purposes of this Article even though
17certain completely surrounded portions of the territory are
18excluded from the special service area. A county may create a
19special service area within a municipality or municipalities
20when the municipality or municipalities consent to the creation
21of the special service area. A municipality may create a
22special service area within a municipality and the
23unincorporated area of a county or within another municipality

 

 

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1when the county or other municipality consents to the creation
2of the special service area.
3    "Special Services" means infrastructure projects all forms
4of services pertaining to the government and affairs of the
5municipality or county, including municipal roads and streets,
6public parks, access roads, bridges, sidewalks, waste disposal
7systems, water and sewer line extensions, water distribution
8and purification facilities, storm water drainage and
9retention facilities, sewage treatment facilities, but not
10limited to weather modification and improvements permissible
11under Article 9 of the Illinois Municipal Code, and contracts
12for the supply of water as described in Section 11-124-1 of the
13Illinois Municipal Code which may be entered into by the
14municipality or by the county on behalf of a county service
15area.
16(Source: P.A. 86-1324; 88-445.)
 
17    (35 ILCS 200/27-30)
18    Sec. 27-30. Manner of notice. Prior to or within 60 days
19after the adoption of the ordinance proposing the establishment
20of a special service area the municipality or county shall fix
21a time and a place for a public hearing. The public hearing
22shall be held not less than 60 days after the adoption of the
23ordinance proposing the establishment of a special service
24area. Notice of the hearing shall be given by publication and
25mailing, except that notice of a public hearing to propose the

 

 

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1establishment of a special service area for weather
2modification purposes may be given by publication only. Notice
3by publication shall be given by publication at least once not
4less than 15 days prior to the hearing in a newspaper of
5general circulation within the municipality or county. Notice
6by mailing shall be given by depositing the notice in the
7United States mails addressed to the person or persons in whose
8name the general taxes for the last preceding year were paid on
9each property lying within the special service area. A notice
10shall be mailed not less than 10 days prior to the time set for
11the public hearing. In the event taxes for the last preceding
12year were not paid, the notice shall be sent to the person last
13listed on the tax rolls prior to that year as the owner of the
14property. A list of the names and addresses of the individuals
15and entities to whom the notice will be sent by mail shall be
16published at the time notice is given and shall be available at
17the public hearing.
18(Source: P.A. 97-1053, eff. 1-1-13.)
 
19    (35 ILCS 200/27-55)
20    Sec. 27-55. Authorization Objection petition.
21Notwithstanding any other provision of law, on and after the
22effective date of this amendatory Act of the 98th General
23Assembly, no special service area may be created or enlarged;
24no special service area tax may be levied, imposed, or
25increased; and no bonds may be issued for the provision of

 

 

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1special services within the area, unless If a petition signed
2by at least 51% of the taxpayers of record of all property
3electors residing within the special service area or and by at
4least 51% of the taxpayers owners of record of the land
5included within the boundaries of the special service area is
6filed with the municipal clerk or county clerk, as the case may
7be, authorizing within 60 days following the final adjournment
8of the public hearing, objecting to the creation of the special
9service district, the enlargement of the area, the levy or
10imposition of a tax or the issuance of bonds for the provision
11of special services to the area, or to a proposed increase in
12the tax rate, as the case may be. The petition must be filed
13within 60 days following the final adjournment of the public
14hearing. Such a petition may be signed by the taxpayer of
15record or by his or her designee; however, if more than one
16person is authorized to sign the petition for a single parcel
17of property, only one signature shall be counted. , the district
18shall not be created or enlarged, or the tax shall not be
19levied or imposed nor the rate increased, or no bonds may be
20issued. The subject matter of the petition shall not be
21proposed relative to any signatories of the petition within the
22next 2 years. Each resident of the special service area
23registered to vote at the time of the public hearing held with
24regard to the special service area shall be considered an
25elector. Each person in whose name legal title to land included
26within the boundaries of the special service area is held

 

 

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1according to the records of the county in which the land is
2located shall be considered an owner of record. Owners of
3record shall be determined at the time of the public hearing
4held with regard to a special service area. Land owned in the
5name of a land trust, corporation, estate or partnership shall
6be considered to have a single owner of record.
7(Source: P.A. 82-640; 88-455.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.