HB5757 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB5757

 

Introduced 11/16/2022, by Rep. Seth Lewis

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/3-2015 new

    Amends the Counties Code. Provides that the county clerk shall file with the Department of Revenue a certified copy of any ordinance, resolution, or other document required by law to be filed by the county with the Department of Revenue to impose, discontinue, or change the rate of a tax that has been adopted by the county board or approved by the electors of the county by referendum. Provides that the county clerk shall file the ordinance, resolution, or other document with the Department of Revenue no later than the time otherwise designated by law or, if no time is designated by law, no later than 30 days after passage of the ordinance or resolution or approval of a referendum. Provides that the county clerk shall provide written verification to the county board of the filing of an ordinance, resolution, or other document with the Department of Revenue pursuant to the provisions no later than 5 day after the filing. Provides that, if the county clerk fails to file a certified copy or provide written verification, the county board, sheriff, or State's Attorney may commence an action in circuit court and obtain from the court an order to compel the filing, written verification, or both. Provides that, if the county clerk refuses to testify or otherwise comply with an order of the court, the county clerk may be adjudged in contempt of court and punished accordingly. Effective immediately.


LRB102 27744 AWJ 39540 b

 

 

A BILL FOR

 

HB5757LRB102 27744 AWJ 39540 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Section
53-2015 as follows:
 
6    (55 ILCS 5/3-2015 new)
7    Sec. 3-2015. Tax notification to the Department of
8Revenue; verification to county board.
9    (a) The county clerk shall file with the Department of
10Revenue a certified copy of any ordinance, resolution, or
11other document required by law to be filed by the county with
12the Department of Revenue to impose, discontinue, or change
13the rate of a tax that has been adopted by the county board or
14approved by the electors of the county by referendum. The
15county clerk shall file the ordinance, resolution, or other
16document with the Department of Revenue no later than the time
17otherwise designated by law or, if no time is designated by
18law, no later than 30 days after passage of the ordinance or
19resolution or approval of a referendum.
20    (b) The county clerk shall provide written verification to
21the county board of the filing of an ordinance, resolution, or
22other document with the Department of Revenue pursuant to
23subsection (a) no later than 5 day after the filing.

 

 

HB5757- 2 -LRB102 27744 AWJ 39540 b

1    (c) If the county clerk fails to file a certified copy
2under subsection (a) or provide written verification under
3subsection (b), the county board, sheriff, or State's Attorney
4may commence an action in circuit court and obtain from the
5court an order to compel a filing under subsection (a),
6written verification under subsection (b), or both. If the
7county clerk refuses to testify or otherwise comply with an
8order of the court, the county clerk may be adjudged in
9contempt of court and punished accordingly.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.