Full Text of HB0062 096th General Assembly
HB0062 96TH GENERAL ASSEMBLY
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96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB0062
Introduced 1/14/2009, by Rep. Ron Stephens SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Code. Provides that voters in certain counties may initiate a referendum on the applicability of the Property Tax Extension
Limitation Law by submitting a petition to the county board signed by a number of voters equal to at least 1% of the votes cast in the county at the last preceding general election. 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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HB0062 |
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LRB096 03017 HLH 13031 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 |
| Section 18-213 as follows:
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| (35 ILCS 200/18-213)
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| Sec. 18-213. Referenda on applicability of the Property Tax | 8 |
| Extension
Limitation Law.
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| (a) The provisions of this Section do not apply to a taxing | 10 |
| district
subject
to this Law because a majority of its 1990 | 11 |
| equalized assessed value is in a
county or counties contiguous | 12 |
| to a county of 3,000,000 or more inhabitants, or
because a | 13 |
| majority of its 1994 equalized assessed value is in an affected
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| county and the taxing district was not subject to this Law | 15 |
| before the 1995 levy
year.
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| (b) The county board of a county that is not subject to | 17 |
| this Law
may, by ordinance or resolution, submit to the voters | 18 |
| of the
county the question of whether to
make all non-home rule | 19 |
| taxing districts
that
have all or a portion of their equalized | 20 |
| assessed valuation
situated in the county subject to this Law | 21 |
| in the manner set forth in this
Section. In addition, if a | 22 |
| petition signed by a number of voters equal to at least 1% of | 23 |
| the votes cast in the county at the last preceding general |
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HB0062 |
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LRB096 03017 HLH 13031 b |
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| election is presented to the county board requesting that the | 2 |
| question be submitted to the voters of the county, then the | 3 |
| county board shall adopt an ordinance or resolution for the
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| submission of the question to the voters of the county at the | 5 |
| next regular election
held in accordance with the general | 6 |
| election law.
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| For purposes of this Section only:
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| "Taxing district" has the same meaning provided in Section | 9 |
| 1-150.
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| "Equalized
assessed valuation" means the equalized | 11 |
| assessed valuation for a taxing
district for the immediately | 12 |
| preceding levy year.
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| (c) The ordinance or resolution shall request the | 14 |
| submission of
the
proposition at any election, except a | 15 |
| consolidated primary election, for the
purpose of voting for or | 16 |
| against making the Property
Tax Extension Limitation Law | 17 |
| applicable to all non-home rule taxing districts
that have all
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| or a
portion of their equalized assessed valuation situated in | 19 |
| the county.
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| The question shall be placed on a separate
ballot and shall | 21 |
| be in substantially the following form:
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| Shall the Property Tax Extension Limitation Law (35 | 23 |
| ILCS 200/18-185 through
18-245), which
limits annual | 24 |
| property tax extension increases, apply to non-home
rule | 25 |
| taxing
districts with all or a portion of their equalized | 26 |
| assessed valuation located
in
(name of county)?
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HB0062 |
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LRB096 03017 HLH 13031 b |
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| Votes on the question shall be recorded as "yes" or "no".
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| (d) The county clerk
shall order the proposition submitted | 3 |
| to the electors of the county
at the election specified in the | 4 |
| ordinance or resolution.
If part of the county is under the | 5 |
| jurisdiction of
a board or boards of election commissioners, | 6 |
| the county clerk
shall submit a certified copy of
the ordinance | 7 |
| or resolution to each board of election commissioners,
which | 8 |
| shall order the
proposition submitted to the electors of the | 9 |
| taxing district within its
jurisdiction at the election | 10 |
| specified in the ordinance or resolution.
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| (e) (1) With respect to taxing districts having all of | 12 |
| their equalized
assessed
valuation located in the county, | 13 |
| if a majority of the votes cast on the
proposition are in | 14 |
| favor of the proposition, then this Law becomes applicable
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| to the taxing district beginning on January 1 of the year | 16 |
| following the date of
the referendum.
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| (2) With respect to taxing districts that meet all the | 18 |
| following
conditions this Law shall become applicable to | 19 |
| the taxing district beginning
on January 1, 1997. The | 20 |
| districts to which this paragraph (2) is applicable
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| (A) do not have all of their equalized assessed | 22 |
| valuation located in a
single county,
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| (B) have equalized assessed valuation in an | 24 |
| affected county,
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| (C) meet the condition that each county, other than | 26 |
| an affected county,
in which any of the equalized |
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LRB096 03017 HLH 13031 b |
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| assessed valuation of the taxing district is
located | 2 |
| has held a referendum under this Section at any | 3 |
| election, except a
consolidated primary election, held | 4 |
| prior to the effective date of this
amendatory Act of | 5 |
| 1997, and
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| (D) have a majority of the district's equalized | 7 |
| assessed valuation
located in one or more counties in | 8 |
| each of which the voters have approved a
referendum | 9 |
| under this Section prior to the effective date of this | 10 |
| amendatory
Act of 1997.
For purposes of this Section, | 11 |
| in determining whether a majority of the
equalized | 12 |
| assessed valuation of the taxing district is located in | 13 |
| one or more
counties in which the voters have approved | 14 |
| a referendum under this Section, the
equalized | 15 |
| assessed valuation of the taxing district in any | 16 |
| affected county
shall be included with the equalized | 17 |
| assessed value of the taxing district in
counties in | 18 |
| which the voters have approved the referendum.
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| (3) With respect to taxing districts that do not have | 20 |
| all of
their equalized
assessed valuation located in a | 21 |
| single county and to which paragraph (2) of
subsection (e) | 22 |
| is not applicable, if each county other than an
affected | 23 |
| county in which any of
the equalized assessed valuation of | 24 |
| the taxing
district is located has held a referendum under | 25 |
| this Section at any election,
except a consolidated primary | 26 |
| election, held in any year and if a majority of
the |
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LRB096 03017 HLH 13031 b |
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| equalized
assessed valuation of the taxing district is | 2 |
| located in one or more counties
that have each approved a | 3 |
| referendum under this Section,
then this Law shall become | 4 |
| applicable to the taxing district on
January 1 of the year | 5 |
| following the year in which the last referendum in a
county | 6 |
| in which the taxing district has any equalized assessed | 7 |
| valuation is
held.
For the purposes of this Law, the last | 8 |
| referendum shall be deemed to be the
referendum making this | 9 |
| Law applicable to the taxing district. For purposes
of this | 10 |
| Section, in determining whether a majority of the equalized | 11 |
| assessed
valuation of the taxing district is located in one | 12 |
| or more counties that have
approved a referendum under this | 13 |
| Section, the equalized assessed valuation of
the taxing | 14 |
| district in any affected county shall be included with the | 15 |
| equalized
assessed value of the taxing district in counties | 16 |
| that have approved the
referendum.
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| (f) Immediately after a referendum is held under this | 18 |
| Section, the county
clerk of the
county holding the referendum | 19 |
| shall give notice of the referendum having been
held and its | 20 |
| results to all taxing districts that have all
or a portion of | 21 |
| their equalized assessed valuation located in the county, the
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| county clerk of any other county in which any of the equalized | 23 |
| assessed
valuation of any taxing district is located, and the | 24 |
| Department of Revenue.
After the last referendum affecting a | 25 |
| multi-county taxing district is held, the
Department of Revenue
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| shall determine whether the taxing district is subject to this |
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LRB096 03017 HLH 13031 b |
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| Law
and, if so, shall notify the taxing district and the county | 2 |
| clerks of all of
the
counties in which a portion of the | 3 |
| equalized assessed valuation of the
taxing district is located | 4 |
| that, beginning the following January 1, the
taxing
district is | 5 |
| subject to this Law.
For each taxing district subject to | 6 |
| paragraph (2) of subsection (e) of this
Section, the Department | 7 |
| of Revenue shall notify the taxing district and the
county | 8 |
| clerks of all of the counties in which a portion of the | 9 |
| equalized
assessed valuation of the taxing district is located | 10 |
| that, beginning January 1,
1997, the taxing district is subject | 11 |
| to this Law.
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| (g) Referenda held under this Section shall be conducted in | 13 |
| accordance with
the Election Code.
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| (Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
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| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.
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