Full Text of SB2393 94th General Assembly
SB2393 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2393
Introduced 1/18/2006, by Sen. William R. Haine SYNOPSIS AS INTRODUCED: |
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35 ILCS 200/2-5 |
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35 ILCS 200/2-10 |
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35 ILCS 200/2-35 |
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Amends the Property Tax Code. Provides that certain requirements concerning multi-township assessors apply to townships with less than 3,000 inhabitants (now, 1,000 inhabitants). Sets forth provisions for the creation of new multi-township districts for townships with less than 3,000 inhabitants. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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SB2393 |
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LRB094 16425 BDD 51943 b |
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing | 5 |
| Sections 2-5, 2-10, and 2-35 as follows:
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| (35 ILCS 200/2-5)
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| Sec. 2-5. Multi-township assessors. Townships with less | 8 |
| than 1,000
inhabitants or, after January 1, 2007, less than | 9 |
| 3,000 inhabitants shall not elect assessors for each township | 10 |
| but shall elect
multi-township assessors.
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| (1) If 2 or more townships with less than 1,000 | 12 |
| inhabitants or, after January 1, 2007, less than 3,000 | 13 |
| inhabitants are
contiguous, one multi-township assessor | 14 |
| shall be elected to assess the property
in as many of the | 15 |
| townships as are contiguous and whose combined population | 16 |
| is
1,000 or more inhabitants or, after January 1, 2007, | 17 |
| 3,000 or more inhabitants .
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| (2) If any township of less than 1,000 inhabitants or, | 19 |
| after January 1, 2007, less than 3,000 inhabitants is not | 20 |
| contiguous to
another township of less than 1,000 | 21 |
| inhabitants or, after January 1, 2007, less than 3,000 | 22 |
| inhabitants , one multi-township assessor
shall be elected | 23 |
| to assess the property of that township and any other | 24 |
| township
to which it is contiguous.
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| (Source: P.A. 87-818; 88-455.)
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| (35 ILCS 200/2-10)
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| Sec. 2-10. Mandatory establishment of multi-township | 28 |
| assessment districts.
Before August 1, 2002 and every 10 years | 29 |
| thereafter and before January 1, 2007 , the supervisor of
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| assessments shall prepare maps, by county, of the townships, | 31 |
| indicating the
number of inhabitants and the equalized assessed |
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SB2393 |
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| valuation of each township for
the preceding year, within the | 2 |
| counties under township organization, and shall
distribute a | 3 |
| copy of that map to the county board and to each township
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| supervisor, board of trustees, sitting township or | 5 |
| multi-township assessor, and
to the Department. The map shall | 6 |
| contain suggested multi-township assessment
districts for | 7 |
| purposes of assessment. Upon receipt of the maps, the boards of
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| trustees shall determine separately, by majority vote, if the | 9 |
| suggested
multi-township districts are acceptable.
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| The township boards of trustees may meet as a body to | 11 |
| discuss the suggested
districts of which they would be a part. | 12 |
| Upon request of the township
supervisor of any township, the | 13 |
| township supervisor of the township containing
the most | 14 |
| population shall call the meeting, designating the time and | 15 |
| place, and
shall act as temporary chairperson of the meeting | 16 |
| until a permanent chairperson
is chosen from among the township | 17 |
| officials included in the call to the
meeting. The township | 18 |
| assessors and supervisor of assessments may participate
in the | 19 |
| meeting. Notice of the meeting shall be given in the same | 20 |
| manner as
notice is required for township meetings in the | 21 |
| Township Code. The meeting shall be open to the public and may | 22 |
| be recessed
from time to time.
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| If a multi-township assessment district is not acceptable | 24 |
| to any board of
trustees, they shall so determine and further | 25 |
| determine an alternative
multi-township assessment district. | 26 |
| The suggested or
alternative multi-township assessment | 27 |
| district shall contain at least 2
townships and 3,000
1,000 or | 28 |
| more inhabitants, shall contain no less than the
total area of | 29 |
| any one township, shall be contiguous to at least one
other | 30 |
| township in the multi-township assessment district, and shall | 31 |
| be located
within one county.
For purposes of this Section | 32 |
| only, townships are contiguous if they share a
common boundary | 33 |
| line or meet at any point. This amendatory Act of 1996 is not
a | 34 |
| new enactment, but is declarative of existing law.
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| Before September 15, 2002 and every 10 years thereafter and | 36 |
| before February 15, 2007 , the respective
boards of town |
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| trustees shall notify the supervisor of assessments and the
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| Department whether they have accepted the suggested | 3 |
| multi-township assessment
district or whether they have | 4 |
| adopted an alternative district, and, in the
latter case, they | 5 |
| shall include in the notification a description or map, by
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| township, of the alternative district. Before October 1, 2002 | 7 |
| and every 10
years thereafter and before March 1, 2007 , the | 8 |
| supervisor of assessments shall determine whether any
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| suggested or alternative multi-township assessment district | 10 |
| meets the
conditions of this Section and Section 2-5. If any | 11 |
| township board of trustees
fails to so notify the supervisor of | 12 |
| assessments and the Department as provided
in this Section, the | 13 |
| township shall be part of the original suggested
multi-township | 14 |
| assessment district. In any dispute between 2 or more townships
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| as to inclusion or exclusion of a township in any one | 16 |
| multi-township assessment
district, the county board shall | 17 |
| hold a public hearing in the county seat and,
as soon as | 18 |
| practicable thereafter, make a final determination as to the
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| composition of the district. It shall notify the Department of | 20 |
| the final
determination before November 15, 2002 and every 10 | 21 |
| years thereafter and before April 15, 2007 . The
Department | 22 |
| shall promulgate the multi-township assessment districts, file | 23 |
| the
same with the Secretary of State as provided in the | 24 |
| Illinois Administrative
Procedure Act and so notify the | 25 |
| township supervisors, boards of trustees and
county clerks of | 26 |
| the townships and counties subject to this Section and Section
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| 2-5. If the Department's promulgation removes
a township from a | 28 |
| prior multi-township assessment district, that township
shall, | 29 |
| within 30 days after the effective date of the removal, receive | 30 |
| a
distribution of a portion of the assets of the prior | 31 |
| multi-township
assessment district according to the ratio of | 32 |
| the total equalized assessed
valuation of all the taxable | 33 |
| property in the township to the total equalized
assessed | 34 |
| valuation of all the taxable property in the prior | 35 |
| multi-township
assessment district. If a township is removed | 36 |
| from one multi-township
assessment district and made a part of |
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| another multi-township assessment
district, the district from | 2 |
| which the township is removed shall, within 30 days
after the | 3 |
| effective date of the removal, cause the township's
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| distribution under this paragraph to be paid directly to the | 5 |
| district of
which the township is made a part. A township | 6 |
| receiving such a
distribution (or a multi-township assessment | 7 |
| district receiving such a
distribution on behalf of a township | 8 |
| that is made a part of that district)
shall use the proceeds | 9 |
| from the distribution only in connection with assessing
real | 10 |
| estate in the township for tax purposes.
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| (Source: P.A. 88-455; incorporates 88-221; 88-670, eff. | 12 |
| 12-2-94; 89-502, eff.
6-28-96; 89-695, eff. 12-31-96.)
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| (35 ILCS 200/2-35)
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| Sec. 2-35. Disconnection petition.
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| (a) A township with 1,000 or more inhabitants or, after | 16 |
| January 1, 2007, 3,000 or more inhabitants according to the | 17 |
| last
preceding special Federal Census may be disconnected from | 18 |
| a multi-township
district under this Section if: | 19 |
| (1) the township had less than :
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| (A) 1,000
inhabitants preceding the date on which | 21 |
| the township was included within a
multi-township | 22 |
| district under Section 2-5 and 2-10 before January 1, | 23 |
| 2007; or | 24 |
| (B) 3,000
inhabitants preceding the date on which | 25 |
| the township was included within a
multi-township | 26 |
| district under Section 2-5 and 2-10 on or after January | 27 |
| 1, 2007 ; or | 28 |
| (2) the township was
included within a multi-township | 29 |
| district created under Section 2-15.
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| (b) If a petition for the disconnection from a | 31 |
| multi-township assessment
district of a township described in | 32 |
| subsection (a) is signed by 10% of the
registered voters of the | 33 |
| township and is filed with the clerk of the township
no later | 34 |
| than August 1 of the year preceding the year in which the
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| multi-township assessor is to be elected, the clerk shall |
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| promptly forward the
petition to the township board of | 2 |
| trustees. The township board of trustees
shall adopt or reject | 3 |
| the petition within 60 days after receiving it. If the
board | 4 |
| adopts the petition, the township shall be disconnected from | 5 |
| the
multi-township district, effective upon the expiration of | 6 |
| the term of office of
the incumbent multi-township assessor.
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| (c) After the disconnection of a township under this | 8 |
| Section, the
multi-township district shall continue to exist. | 9 |
| If only one township remains
in the district after the | 10 |
| disconnection or if the combined population of the
remaining | 11 |
| townships is less than 1,000 inhabitants or, after January 1, | 12 |
| 2007, less than 3,000 inhabitants , the disconnection shall not
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| be allowed.
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| (Source: P.A. 84-1051; 88-455.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
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