Full Text of HB4870 102nd General Assembly
HB4870ham001 102ND GENERAL ASSEMBLY | Rep. Joe Sosnowski Filed: 3/1/2022
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| 1 | | AMENDMENT TO HOUSE BILL 4870
| 2 | | AMENDMENT NO. ______. Amend House Bill 4870 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by adding | 5 | | Division 5.2 to Article 18 as follows: | 6 | | (35 ILCS 200/Art. 18 Div. 5.2 heading new) | 7 | | Division 5.2. Taxpayer Empowerment Law | 8 | | (35 ILCS 200/18-249.6 new) | 9 | | Sec. 18-249.6. Referenda to decrease the taxing district's | 10 | | aggregate extension. | 11 | | (a) Notwithstanding any other provision of law, upon | 12 | | submission of a petition signed by a number of registered | 13 | | voters of a taxing district that is equal to or greater than 1% | 14 | | but less than 5% of the total number of votes cast in the | 15 | | taxing district in the preceding general election, a |
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| 1 | | non-binding, advisory referendum on the question of whether | 2 | | the taxing district should reduce its aggregate extension by | 3 | | up to 10% from its aggregate extension for the previous | 4 | | taxable year shall be submitted to the voters of the taxing | 5 | | district at the next regularly scheduled general or | 6 | | consolidated election in accordance with the Election Code; | 7 | | however, in no event shall a question under this Section be | 8 | | submitted at a primary election. | 9 | | (b) Notwithstanding any other provision of law, upon | 10 | | submission of a petition signed by a number of registered | 11 | | voters of a taxing district that is equal to or greater than 5% | 12 | | of the total number of votes cast in the taxing district in the | 13 | | preceding general election, a binding referendum on the | 14 | | question of whether the taxing district shall reduce its | 15 | | aggregate extension by up to 10% from its aggregate extension | 16 | | for the previous taxable year shall be submitted to the voters | 17 | | of the taxing district at the next regularly scheduled general | 18 | | or consolidated election in accordance with the Election Code; | 19 | | however, in no event shall a question under this Section be | 20 | | submitted at a primary election. | 21 | | (c) Petitions under subsection (a) or (b) may be | 22 | | circulated no earlier than 12 months prior to the date the | 23 | | petition is filed under this subsection. A petition under | 24 | | subsection (a) or (b) shall be filed with the applicable | 25 | | election authority, as defined in Section 1-3 of the Election | 26 | | Code, or, in the case of multiple election authorities, with |
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| 1 | | the State Board of Elections, in the time and manner specified | 2 | | in Article 28 of the Election Code. The validity of petitions | 3 | | under subsections (a) or (b) shall be determined as provided | 4 | | by Article 28 of the Election Code. The election authority or | 5 | | Board, as applicable, shall certify the question and the | 6 | | proper election authority or authorities shall submit the | 7 | | question to the voters. Except as otherwise provided in this | 8 | | Section, this referendum shall be subject to all other general | 9 | | election law requirements. | 10 | | (d) The proposition seeking to reduce the taxing | 11 | | district's aggregate extension shall be in substantially the | 12 | | following form: | 13 | | "Should the aggregate extension for (taxing district) | 14 | | be reduced from (previous levy year's extension) to | 15 | | (proposed extension, which may be up to 10% less than the | 16 | | previous levy year's extension) for (levy year)?" | 17 | | Votes shall be recorded as "Yes" or "No". | 18 | | If the referendum is a binding referendum as provided in | 19 | | subsection (b), and a majority of all votes cast on the | 20 | | proposition are in favor of the proposition, then, for the | 21 | | levy year immediately after the levy year in which the | 22 | | election is held, the taxing district's aggregate extension | 23 | | shall be reduced as provided in the referendum. | 24 | | (e) As used in this Section: | 25 | | "Aggregate extension" means the annual corporate extension | 26 | | for the taxing district and those special purpose extensions |
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| 1 | | that are made annually for the taxing district. | 2 | | "Taxing district" has the same meaning provided in Section | 3 | | 1-150. | 4 | | (f) This Section is a limitation on the power of home rule | 5 | | units to tax under subsection (g) of
Section 6 of Article VII | 6 | | of the Illinois Constitution. | 7 | | (g) If there is a conflict between a provision of this | 8 | | Section and another law of this State, including, but not | 9 | | limited to, the Property Tax Extension Limitation Law and the | 10 | | Election Code, this Section controls.
| 11 | | Section 99. Effective date. This Act takes effect upon | 12 | | becoming law.".
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