Full Text of SB1723 96th General Assembly
SB1723sam001 96TH GENERAL ASSEMBLY
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Sen. Pamela J. Althoff
Filed: 3/13/2009
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| AMENDMENT TO SENATE BILL 1723
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| AMENDMENT NO. ______. Amend Senate Bill 1723 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Property Tax Code is amended by changing | 5 |
| Sections 27-5, 27-30, 27-35, 27-40, and 27-55 and by adding | 6 |
| Section 27-55a as follows:
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| (35 ILCS 200/27-5)
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| Sec. 27-5. Short title; definitions. This Article may be | 9 |
| cited as the
Special Service Area Tax Law.
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| When used in this Article:
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| "Special Service Area" means a contiguous area within a | 12 |
| municipality
or county in which special governmental services | 13 |
| are provided in
addition to those services provided generally | 14 |
| throughout the
municipality or county, the cost of the special | 15 |
| services to be paid
from revenues collected from taxes levied | 16 |
| or imposed upon property
within that area. Territory shall be |
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| considered contiguous for purposes
of this Article even though | 2 |
| certain completely surrounded portions of the
territory are | 3 |
| excluded from the special service area. A county may create
a | 4 |
| special service area within a municipality or municipalities | 5 |
| when the
municipality or municipalities consent to the creation | 6 |
| of the special
service area. A municipality may create a | 7 |
| special service area within a
municipality and the | 8 |
| unincorporated area of a county or within another
municipality | 9 |
| when the county or other municipality consents to the creation
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| of the special service area.
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| "Backup or dormant special service area" means a special | 12 |
| service area that has not levied a tax for a period of 2 | 13 |
| consecutive years. A backup or dormant special service area may | 14 |
| be activated by ordinance only after notice is given and a | 15 |
| hearing is held pursuant to the provisions of Section 27-30 and | 16 |
| Section 27-35. | 17 |
| "Special Services" means all forms of services pertaining | 18 |
| to the
government and affairs of the municipality or county, | 19 |
| including
but not limited to weather modification and | 20 |
| improvements permissible under
Article 9 of the Illinois | 21 |
| Municipal Code, and contracts for the supply of
water as | 22 |
| described in Section 11-124-1 of the Illinois Municipal Code | 23 |
| which
may be entered into by the municipality or by the county | 24 |
| on behalf of a
county service area.
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| (Source: P.A. 86-1324; 88-445.)
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| (35 ILCS 200/27-30)
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| Sec. 27-30. Manner of notice. Prior to or within 60 days | 3 |
| after the adoption
of the ordinance proposing the establishment | 4 |
| of a special service area , or the adoption of the ordinance to | 5 |
| activate a backup or dormant special service area, the
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| municipality or county shall fix a time and a place for a | 7 |
| public hearing.
Notice of the hearing shall be given by | 8 |
| publication and mailing, except that
notice of a public hearing | 9 |
| to propose the establishment of a special service
area for | 10 |
| weather modification purposes may be given by publication only.
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| Notice by publication shall be given by publication at least | 12 |
| once not less than
15 days prior to the hearing in a newspaper | 13 |
| of general circulation within the
municipality or county. | 14 |
| Notice by mailing shall be given by depositing the
notice in | 15 |
| the United States mails addressed to the person or persons in | 16 |
| whose
name the general taxes for the last preceding year were | 17 |
| paid on each property
lying within the special service area. A | 18 |
| notice
shall be mailed not less than 10 days prior to the time | 19 |
| set for the public
hearing. In the event taxes for the last | 20 |
| preceding year were not paid, the
notice shall be sent to the | 21 |
| person last listed on the tax rolls prior to
that year as the | 22 |
| owner of the property.
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| (Source: P.A. 82-282; 88-455.)
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| (35 ILCS 200/27-35)
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| Sec. 27-35. Public hearing; protests and objections. At the |
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| public hearing,
any interested person, including all persons | 2 |
| owning taxable property located
within the proposed special | 3 |
| service area or within the backup or dormant special service | 4 |
| area proposed to be activated , may file with the municipal | 5 |
| clerk or
county clerk, as the case may be, written objections | 6 |
| to and may be heard
orally in respect to any issues embodied in | 7 |
| the notice. The municipality or
county shall hear and determine | 8 |
| all protests and objections at the hearing and
the hearing may | 9 |
| be adjourned to another date without further notice other than
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| a motion to be entered upon the minutes fixing the time and | 11 |
| place it will
reconvene. At the public hearing or at the first | 12 |
| regular meeting of the
corporate authorities thereafter, the | 13 |
| municipality or county may delete area
from the special service | 14 |
| area. However, the special service area must still be
a | 15 |
| contiguous area as defined in Section 27-5.
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| (Source: P.A. 82-640; 88-455.)
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| (35 ILCS 200/27-40)
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| Sec. 27-40. Boundaries of special service area. No lien | 19 |
| shall be
established against any real property in a special | 20 |
| service area nor shall a
special service area create a
valid | 21 |
| tax before a certified copy of an
ordinance establishing or | 22 |
| altering the boundaries of a special service area or activating | 23 |
| a backup or dormant special service area ,
containing a legal | 24 |
| description of the territory of the area, the permanent tax | 25 |
| index numbers of the parcels located within the territory of |
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| the area, an accurate map of the territory, a copy of the | 2 |
| notice of the public hearing, and a description of the special | 3 |
| services to be provided is filed
for record
in the office of | 4 |
| the recorder in each county in which any part of the area is
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| located. The ordinance must be recorded no later than 60 days | 6 |
| after the date the ordinance was adopted. An
ordinance | 7 |
| establishing a special service area or activating a backup or | 8 |
| dormant special service area recorded beyond the 60 days is
not | 9 |
| valid. The requirement for recording within 60 days shall not | 10 |
| apply to any
establishment or alteration of the boundaries of a | 11 |
| service area that
occurred before September 23, 1991.
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| (Source: P.A. 93-1013, eff. 8-24-04.)
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| (35 ILCS 200/27-55)
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| Sec. 27-55. Objection petition. If a petition signed by at | 15 |
| least 51% of the
electors residing within the special service | 16 |
| area or backup or dormant special service area proposed to be | 17 |
| activated and by at least 51% of the
owners of record of the | 18 |
| land included within the boundaries of the special
service area | 19 |
| or backup or dormant special service area proposed to be | 20 |
| activated is filed with the municipal clerk or county clerk, as | 21 |
| the case may
be, within 60 days following the final adjournment | 22 |
| of the public hearing,
objecting to the creation of the special | 23 |
| service district, the enlargement of
the area, the activation | 24 |
| of a backup or dormant special service area, the levy or | 25 |
| imposition of a tax or the issuance of bonds for the
provision |
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| of special services to the area, or to a proposed increase in | 2 |
| the tax
rate, the district shall not be created or enlarged, | 3 |
| the backup or dormant special service area shall not be | 4 |
| activated, or the tax shall not be
levied or imposed nor the | 5 |
| rate increased, or no bonds may be issued. The
subject matter | 6 |
| of the petition shall not be proposed relative to any
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| signatories of the petition within the next 2 years. Each | 8 |
| resident of the
special service area or backup or dormant | 9 |
| special service area registered to vote at the time of the | 10 |
| public hearing held
with regard to the special service area or | 11 |
| backup or dormant special service area shall be considered an | 12 |
| elector. Each
person in whose name legal title to land included | 13 |
| within the boundaries of the
special service area or backup or | 14 |
| dormant special service area is held according to the records | 15 |
| of the county in which
the land is located shall be considered | 16 |
| an owner of record. Owners of record
shall be determined at the | 17 |
| time of the public hearing held with regard to a
special | 18 |
| service area or backup or dormant special service area . Land | 19 |
| owned in the name of a land trust, corporation,
estate or | 20 |
| partnership shall be considered to have a single owner of | 21 |
| record.
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| (Source: P.A. 82-640; 88-455.)
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| (35 ILCS 200/27-55a new) | 24 |
| Sec. 27-55a. Restrictive covenants; waiver of certain | 25 |
| rights. A deed restriction, restrictive covenant, or similar |
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| provision may not waive, prohibit, or restrict the right to | 2 |
| notice of a public hearing or the right to object, oppose, or | 3 |
| challenge (i) the creation of a special service area, (ii) the | 4 |
| activation of a backup or dormant special service area, (iii) | 5 |
| the levy of any tax of a special service area, or (iv) the | 6 |
| issuance of bonds of a special service area. Any such deed | 7 |
| restriction, restrictive covenant, or similar provision shall | 8 |
| not be enforceable and is null and void against the property | 9 |
| owner, lot or unit owner of the common interest community, | 10 |
| condominium, or cooperative. The term "common interest | 11 |
| community" in this Section has the same meaning as set forth in | 12 |
| Section 9-102(c)of the Code of Civil Procedure.
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| Section 99. Effective date. This Act takes effect upon | 14 |
| becoming law.".
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