Illinois General Assembly - Full Text of HB0269
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Full Text of HB0269  97th General Assembly

HB0269 97TH GENERAL ASSEMBLY


 


 
97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB0269

 

Introduced 01/28/11, 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.


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

 

 

A BILL FOR

 

HB0269LRB097 05985 HLH 46055 b

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 27-30 and 27-55 as follows:
 
6    (35 ILCS 200/27-30)
7    Sec. 27-30. Manner of notice. Prior to or within 60 days
8after the adoption of the ordinance proposing the establishment
9of a special service area the municipality or county shall fix
10a time and a place for a public hearing. Notice of the hearing
11shall be given by publication and mailing, except that notice
12of a public hearing to propose the establishment of a special
13service area for weather modification purposes may be given by
14publication only. Notice by publication shall be given by
15publication at least once not less than 15 days prior to the
16hearing in a newspaper of general circulation within the
17municipality or county. Notice by mailing shall be given by
18depositing the notice in the United States mails addressed to
19the person or persons in whose name the general taxes for the
20last preceding year were paid on each property lying within the
21special service area. A notice shall be mailed not less than 10
22days prior to the time set for the public hearing. In the event
23taxes for the last preceding year were not paid, the notice

 

 

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1shall be sent to the person last listed on the tax rolls prior
2to that year as the owner of the property. A list of the names
3and addresses of the individuals and entities to whom the
4notice by mail was sent shall be made available at the public
5hearing.
6(Source: P.A. 82-282; 88-455.)
 
7    (35 ILCS 200/27-55)
8    Sec. 27-55. Authorization Objection petition. Unless If a
9petition that is signed by at least 51% of the electors
10residing within the special service area and by at least 51% of
11the owners of record of the land included within the boundaries
12of the special service area is filed with the municipal clerk
13or county clerk, as the case may be, within 60 days following
14the final adjournment of the public hearing, authorizing
15objecting to the creation of the special service district, the
16enlargement of the area, the levy or imposition of a tax or the
17issuance of bonds for the provision of special services to the
18area, or to a proposed increase in the tax rate, the district
19shall not be created or enlarged, or the tax shall not be
20levied or imposed nor the rate increased, or no bonds may be
21issued. The subject matter of the petition shall not be
22proposed relative to any signatories of the petition within the
23next 2 years. Each resident of the special service area
24registered to vote at the time of the public hearing held with
25regard to the special service area shall be considered an

 

 

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1elector. However, if certified documentation or a sworn
2affidavit is submitted along with an authorization petition
3filed pursuant to this Section evidencing that an individual
4who is registered to vote has died or has permanently moved
5from the special service area and is no longer a resident of
6the special service area, then that individual shall not be
7counted as an elector for purposes of determining whether or
8not at least 51% of the electors residing within the special
9service area have signed the authorization petition. Each
10person in whose name legal title to land included within the
11boundaries of the special service area is held according to the
12records of the county in which the land is located shall be
13considered an owner of record. Owners of record shall be
14determined at the time of the public hearing held with regard
15to a special service area. Land owned in the name of a land
16trust, corporation, estate or partnership shall be considered
17to have a single owner of record.
18(Source: P.A. 82-640; 88-455.)