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90_SB1209
35 ILCS 200/27-23 new
35 ILCS 200/27-30
35 ILCS 200/27-35
35 ILCS 200/27-40
35 ILCS 200/27-55
35 ILCS 200/27-20 rep.
Amends the Special Service Area Tax Law in the Property
Tax Code. Provides that the establishment of a special
service area may be proposed only by a written petition
signed by at least 51% of the electors residing within the
special service area and by at least 51% of the owners of
record of the land included within the boundaries of the
special service area. Provides that the petition shall be
filed with the municipal clerk or county clerk. Provides that
the status of the electors signing the petition shall be
determined at the time the petition is filed. Provides that
the municipality or county shall fix the time for the hearing
within 60 days after the petition proposing the establishment
of a special service area is filed (now prior to or within 60
days after the adoption of the ordinance proposing the
establishment of the special service area). Provides that
the corporate authorities shall vote on the issue of creating
the special service area, if they choose to do so, at the
public hearing or at their first regular meeting thereafter.
Provides that the ordinance establishing the boundaries of
the special service area shall be filed no later than 15 days
after the date the ordinance was adopted (now no later than
60 days after the date the ordinance was adopted). For
purposes of the opposition petition, provides that the
eligibility of the electors shall be determined at the time
the petition is filed (now at the time of the public
hearing). Repeals current provisions concerning the
application system used to propose special service areas.
Effective January 1, 1998.
LRB9006656KDsb
LRB9006656KDsb
1 AN ACT to amend the Property Tax Code by adding Section
2 27-23 and changing Sections 27-30, 27-35, 27-40, and 27-55.
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 adding
6 Section 27-33 and changing Sections 27-30, 27-35, 27-40, and
7 27-55 as follows:
8 (35 ILCS 200/27-23 new)
9 Sec. 27-23. Creation of a special service area;
10 petition. The establishment of a special service area may be
11 proposed only by a written petition signed by at least 51% of
12 the electors residing within the special service area and by
13 at least 51% of the owners of record of the land included
14 within the boundaries of the special service area. A special
15 service area may not be proposed in the absence of a
16 petition. The petition shall be filed with the municipal
17 clerk or county clerk, as the case may be. The petition
18 shall explain, at a minimum, the following: the proposed
19 special service area; the estimated amount of funding
20 required; and the stated need and local support for the
21 proposed special service area. Each resident of the special
22 service area registered to vote at the time the petition is
23 filed shall be considered an elector. Each person in whose
24 name legal title to land included within the boundaries of
25 the special service area is held according to the records of
26 the county in which the land is located shall be considered
27 an owner of record. Owners of record shall be determined at
28 the time the petition is filed. Land owned in the name of a
29 land trust, corporation, estate, or partnership shall be
30 considered to have a single owner.
-2- LRB9006656KDsb
1 (35 ILCS 200/27-30)
2 Sec. 27-30. Manner of notice. Prior to or Within 60
3 days after the petition the adoption of the ordinance
4 proposing the establishment of a special service area is
5 filed, the municipality or county shall fix a time and a
6 place for a public hearing. Notice of the hearing shall be
7 given by publication and mailing, except that notice of a
8 public hearing to propose the establishment of a special
9 service area for weather modification purposes may be given
10 by publication only. Notice by publication shall be given by
11 publication at least once not less than 15 days prior to the
12 hearing in a newspaper of general circulation within the
13 municipality or county. Notice by mailing shall be given by
14 depositing the notice in the United States mails addressed to
15 the person or persons in whose name the general taxes for the
16 last preceding year were paid on each property lying within
17 the special service area. A notice shall be mailed not less
18 than 10 days prior to the time set for the public hearing. In
19 the event taxes for the last preceding year were not paid,
20 the notice shall be sent to the person last listed on the tax
21 rolls prior to that year as the owner of the property.
22 (Source: P.A. 82-282; 88-455.)
23 (35 ILCS 200/27-35)
24 Sec. 27-35. Public hearing; protests and objections. At
25 the public hearing, any interested person, including all
26 persons owning taxable property located within the proposed
27 special service area, may file with the municipal clerk or
28 county clerk, as the case may be, written objections to and
29 may be heard orally in respect to any issues embodied in the
30 notice. The municipality or county shall hear and determine
31 all protests and objections at the hearing and the hearing
32 may be adjourned to another date without further notice other
33 than a motion to be entered upon the minutes fixing the time
-3- LRB9006656KDsb
1 and place it will reconvene. At the public hearing or at the
2 first regular meeting of the corporate authorities
3 thereafter, the municipality or county may delete area from
4 the special service area. However, the special service area
5 must still be a contiguous area as defined in Section 27-5.
6 If the corporate authorities want to create the special
7 service area, they must pass an ordinance doing so at the
8 public hearing or at their first regular meeting thereafter.
9 (Source: P.A. 82-640; 88-455.)
10 (35 ILCS 200/27-40)
11 Sec. 27-40. Boundaries of special service area. Prior to
12 January 1, 1998, no lien shall be established against any
13 real property in a special service area nor shall a special
14 service area create a valid tax before a certified copy of an
15 ordinance establishing or altering the boundaries of a
16 special service area, containing a description of the
17 territory of the area, is filed for record in the office of
18 the recorder in each county in which any part of the area is
19 located. The ordinance must be recorded no later than 60
20 days after the date the ordinance was adopted. An ordinance
21 establishing a special service area recorded beyond the 60
22 days is not valid. The requirement for recording within 60
23 days shall not apply to any establishment or alteration of
24 the boundaries of a service area that occurred before
25 September 23, 1991.
26 On and after January 1, 1998, no lien shall be
27 established against any real property in a special service
28 area nor shall a special service area create a valid tax
29 before a certified copy of an ordinance establishing or
30 altering the boundaries of a special service area, containing
31 a description of the territory of the area, is filed for
32 record in the office of the recorder in each county in which
33 any part of the area is located. The ordinance must be
-4- LRB9006656KDsb
1 recorded no later than 15 days after the date the ordinance
2 was adopted. An ordinance establishing a special service
3 area recorded beyond the 15 days is not valid.
4 (Source: P.A. 90-218, eff. 7-25-97.)
5 (35 ILCS 200/27-55)
6 Sec. 27-55. Objection petition. If a petition signed by
7 at least 51% of the electors residing within the special
8 service area and by at least 51% of the owners of record of
9 the land included within the boundaries of the special
10 service area is filed with the municipal clerk or county
11 clerk, as the case may be, within 60 days following the final
12 adjournment of the public hearing, objecting to the creation
13 of the special service district, the enlargement of the area,
14 the levy or imposition of a tax or the issuance of bonds for
15 the provision of special services to the area, or to a
16 proposed increase in the tax rate, the district shall not be
17 created or enlarged, or the tax shall not be levied or
18 imposed nor the rate increased, or no bonds may be issued.
19 The subject matter of the petition shall not be proposed
20 relative to any signatories of the petition within the next
21 2 years. Each resident of the special service area
22 registered to vote at the time the petition is filed of the
23 public hearing held with regard to the special service area
24 shall be considered an elector. Each person in whose name
25 legal title to land included within the boundaries of the
26 special service area is held according to the records of the
27 county in which the land is located shall be considered an
28 owner of record. Owners of record shall be determined at the
29 time the petition is filed of the public hearing held with
30 regard to a special service area. Land owned in the name of
31 a land trust, corporation, estate or partnership shall be
32 considered to have a single owner of record.
33 (Source: P.A. 82-640; 88-455.)
-5- LRB9006656KDsb
1 (35 ILCS 200/27-20 rep.)
2 Section 10. The Property Tax Code is amended by
3 repealing Section 27-20.
4 Section 99. Effective date. This Act takes effect
5 January 1, 1998.