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90_HB3897
35 ILCS 200/27-5
35 ILCS 200/27-22 new
Amends the Special Service Area Tax Law in the Property
Tax Code. Provides that a county or municipality may not
create or enlarge a special service area to include the
unincorporated area of a county without the approval at a
referendum of the electors of the proposed or existing
special service area.
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LRB9013104PTbd
1 AN ACT to amend the Property Tax Code by changing Section
2 27-5 and adding Section 27-22.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Property Tax Code is amended by changing
6 Section 27-5 and adding Section 27-22 as follows:
7 (35 ILCS 200/27-5)
8 Sec. 27-5. Short title; definitions. This Article may be
9 cited as the Special Service Area Tax Law.
10 When used in this Article:
11 "Special Service Area" means a contiguous area within a
12 municipality or county in which special governmental services
13 are provided in addition to those services provided generally
14 throughout the municipality or county, the cost of the
15 special services to be paid from revenues collected from
16 taxes levied or imposed upon property within that area.
17 Territory shall be considered contiguous for purposes of this
18 Article even though certain completely surrounded portions of
19 the territory are excluded from the special service area. A
20 county may create a special service area within a
21 municipality or municipalities when the municipality or
22 municipalities consent to the creation of the special service
23 area. A municipality may create a special service area within
24 a municipality and the unincorporated area of a county or
25 within another municipality when the county or other
26 municipality consents to the creation of the special service
27 area. A county or municipality may not create or enlarge a
28 special service area to include an unincorporated area of the
29 county without referendum approval of the inclusion of the
30 unincorporated area under Section 27-22.
31 "Special Services" means all forms of services pertaining
-2- LRB9013104PTbd
1 to the government and affairs of the municipality or county,
2 including but not limited to weather modification and
3 improvements permissible under Article 9 of the Illinois
4 Municipal Code, and contracts for the supply of water as
5 described in Section 11-124-1 of the Illinois Municipal Code
6 which may be entered into by the municipality or by the
7 county on behalf of a county service area.
8 (Source: P.A. 86-1324; 88-445.)
9 (35 ILCS 200/27-22 new)
10 Sec. 27-22. Referendum for establishment of special
11 service area in unincorporated areas. A special service area
12 may not be created or enlarged to include an unincorporated
13 area of a county until the question of including the
14 unincorporated area has been submitted to the electors of the
15 proposed or existing special service area at a regular
16 election and approved by a majority of the electors voting on
17 the question. The corporate authorities of the proposed or
18 existing special service area shall certify the question to
19 the proper election authority. The election authority shall
20 then submit the question at an election according to the
21 Election Code.
22 The question shall be submitted in substantially the
23 following form:
24 "Shall (name of the county or municipality) be authorized
25 to include the unincorporated territory described as (general
26 description of proposed boundaries) in the (name of the
27 proposed or existing special service area)?"
28 The votes shall be recorded as "Yes" or "No".
29 If a majority of the electors voting on the question vote
30 in the affirmative, then the corporate authorities may
31 establish or enlarge the special service area to include that
32 unincorporated area of the county.