Full Text of SB2797 94th General Assembly
SB2797 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 SB2797
Introduced 1/20/2006, by Sen. Carole Pankau SYNOPSIS AS INTRODUCED: |
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70 ILCS 705/14 |
from Ch. 127 1/2, par. 34 |
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Amends the Fire Protection District Act. Increases to 0.60% (now, 0.40%) the maximum allowable tax rate that the Board of Trustees of a fire protection district may levy upon all taxable property within the territorial limits of the district. Makes other changes.
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A BILL FOR
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SB2797 |
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LRB094 19096 HLH 54607 b |
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| AN ACT concerning local government.
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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 Fire Protection District Act is amended by | 5 |
| changing Section 14 as follows:
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| (70 ILCS 705/14) (from Ch. 127 1/2, par. 34)
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| Sec. 14. The Board of Trustees may levy and collect other | 8 |
| taxes for all
corporate purposes, including, without limiting | 9 |
| the generality of the
foregoing, the payment of all obligations | 10 |
| incurred in taking over the fire
protection facilities of any | 11 |
| city, village or incorporated town located
within the | 12 |
| boundaries of any such district, including all pension or | 13 |
| annuity
plans of any such city, village or incorporated town | 14 |
| applicable to the
maintenance of fire protection facilities, | 15 |
| and further for the purposes of
building, repairing and | 16 |
| improving fire houses, of the renting of buildings
and property | 17 |
| for corporate purposes, of procuring firehouse land or sites,
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| fire-fighting apparatus and equipment, and of procuring | 19 |
| apparatus and
equipment for emergencies involving hazardous | 20 |
| substances and providing
appropriate training for such | 21 |
| situations, exclusive of taxes to pay bonded
indebtedness upon | 22 |
| all the taxable property within the territorial limits of
such | 23 |
| fire protection districts, the aggregate amount of which shall | 24 |
| not exceed
0.125% of the value, as equalized or assessed by the | 25 |
| Department of Revenue,
except as provided in this Section.
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| All taxes proposed to be levied by a district shall be | 27 |
| levied by ordinance, a
certified copy of which shall be filed | 28 |
| with the county clerk of the county in
which the taxes are to | 29 |
| be collected not later than the last Tuesday in December
in | 30 |
| each year.
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| The Board of Trustees may accumulate funds for the purposes | 32 |
| of building,
repairing and improving firehouses, for the |
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LRB094 19096 HLH 54607 b |
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| purposes of procuring firehouse
land or sites, fire-fighting | 2 |
| apparatus and equipment, and for the purposes
of procuring | 3 |
| appropriate apparatus, equipment, and training for emergencies
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| involving hazardous substances and may annually levy taxes for | 5 |
| such
purposes in excess of current requirements for its other | 6 |
| purposes but
subject to the tax rate limitations as provided in | 7 |
| this Section.
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| If the Board of Trustees desires to levy such taxes at a | 9 |
| rate in excess
of its maximum authorized rate
0.125% and in | 10 |
| excess of 0.30% but not in excess of 0.60%
0.40% of the value | 11 |
| of
all taxable property within the district as equalized or | 12 |
| assessed by the
Department of Revenue, it shall certify the | 13 |
| question to the proper election
officials, who shall submit the | 14 |
| question at an election in accordance with
the general election | 15 |
| law. The result of such referendum shall be
entered upon the | 16 |
| records of the district. If a majority of the voters at
such | 17 |
| election vote in favor of the proposition, the Board of | 18 |
| Trustees may
levy such taxes at a rate not to exceed 0.60%
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| 0.40% of the value of all taxable
property within the district | 20 |
| as equalized or assessed by the Department of
Revenue. The | 21 |
| proposition shall be in substantially the following form:
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| Shall the maximum allowable tax rate for the (insert | 23 |
| name of fire protection district) be increased from (insert | 24 |
| current maximum rate) to (insert proposed new maximum | 25 |
| authorized rate of not more than 0.60%) of the value of all | 26 |
| taxable property within the District, as equalized or | 27 |
| assessed by the Department of Revenue?
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| The election authority must record the votes as "Yes" or "No".
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| -------------------------------------------------------------
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| Shall the maximum allowable tax rate
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| for the.... Fire Protection District YES
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| be increased from 0.125% to 0.40% (or from
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| 0.30% to 0.40%, as the case may be) --------------
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| of the value of all taxable property within
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| the District as equalized or assessed by NO
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| the Department of Revenue?
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| The Board of Trustees has power to levy such taxes at a | 3 |
| rate in excess of
0.125% but not in excess of 0.30% of the | 4 |
| value of all taxable property within
the district, as equalized | 5 |
| or assessed by the Department of Revenue, under the
following | 6 |
| terms and conditions.
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| The board of trustees shall proceed in like manner prior to | 8 |
| the adoption
of an ordinance providing for the levy of taxes at | 9 |
| a rate not in excess
of 0.30% as if the board of trustees had | 10 |
| followed the procedures to adopt
an ordinance not in excess of | 11 |
| 0.125% of the value of all taxable property
within the district | 12 |
| as equalized or assessed by the Department of Revenue.
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| The board of trustees shall provide by ordinance for the | 14 |
| levy and collection
of taxes at a rate not in excess of 0.30% | 15 |
| of the value of all taxable property
within the district as | 16 |
| equalized or assessed by the Department of Revenue.
A certified | 17 |
| copy of such ordinance shall be filed in the office of the | 18 |
| county
clerk of each county in which any portion of the | 19 |
| territory of such fire
protection district is situated, which | 20 |
| certified copy constitutes authority
for the clerk or clerks in | 21 |
| each case to extend taxes annually at the rate
so provided | 22 |
| against all of the taxable property contained in the fire
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| protection district.
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| After such ordinance has been passed, it shall be published | 25 |
| once within
30 days after its passage in one or more newspapers | 26 |
| published in the fire
protection district or, if no newspaper | 27 |
| is published therein, it shall be
published in a newspaper | 28 |
| published in the county in which such district
is located and | 29 |
| having general circulation within such district. If no | 30 |
| newspaper
is published in the county having general circulation | 31 |
| in the district,
publication may be made instead by posting | 32 |
| copies of such ordinance in 10
public places within the fire | 33 |
| protection district. The publication or posting
of the | 34 |
| ordinance shall include a notice of (1) the specific number of | 35 |
| voters
required to sign a petition requesting that the question | 36 |
| of the adoption of
the tax levy be submitted to the voters of |
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| the district; (2) the time within
which the petition must be | 2 |
| filed; and (3) the date of the prospective
referendum. The | 3 |
| district secretary shall provide a petition form to any
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| individual requesting one. The ordinance shall not become | 5 |
| effective until 30
days after its publication or the date of | 6 |
| such posting of such copies.
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| Whenever a petition signed by the electors of the fire | 8 |
| protection
district equal in number to 10% or more of the | 9 |
| registered voters in the
fire protection district is filed with | 10 |
| the Board of Trustees thereof which
has adopted an ordinance | 11 |
| providing for such increase in the rate of taxes
and such | 12 |
| petition has been filed with the Board of Trustees within 30 | 13 |
| days
after the publication or the date of the posting of the | 14 |
| copies which
petition seeks the submission of such increase in | 15 |
| the rate of taxes to an
election, the Board of Trustees shall | 16 |
| certify the question to the proper
election officials who shall | 17 |
| submit the question at an election in
accordance with the | 18 |
| general election law.
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| The proposition shall be substantially in the following | 20 |
| form:
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| Shall the maximum allowable tax rate for the (insert | 22 |
| name of fire protection district) be increased from (insert | 23 |
| current maximum rate) to (insert proposed new maximum | 24 |
| authorized rate of not more than 0.30%) of the value of all | 25 |
| taxable property within the District, as equalized or | 26 |
| assessed by the Department of Revenue?
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| The election authority must record the votes as "Yes" or "No".
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| If a majority of the electors voting on the question vote | 29 |
| in the affirmative, the district may thereafter increase the | 30 |
| rate.
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| Shall the maximum allowable tax
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| rate for .... Fire Protection YES
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| District be increased from 0.125%
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| to 0.30% of the value of all taxable ----------------------
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| property within the District
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| as equalized or assessed by the NO
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| Department of Revenue?
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| The foregoing limitations upon tax rates may be further | 5 |
| increased or
decreased under the referendum provisions of the | 6 |
| General Revenue Law of
Illinois.
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| (Source: P.A. 86-346; 86-1194; 86-1253; 86-1475; 86-1480; | 8 |
| 87-712; 87-767;
87-895; 87-1189 .)
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