State of Illinois
92nd General Assembly
Legislation

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92_SB1650enr

 
SB1650 Enrolled                               SRS92SB0057NCap

 1        AN ACT in relation to taxes.

 2        Be it  enacted  by  the  People  of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4                              ARTICLE 5

 5        Section 5-1. Short title. This Article may  be  cited  as
 6    the Municipal Validation Law of 2002.

 7        Section   5-5.  Redevelopment  actions;  validation.  All
 8    actions taken before the effective date of this  Law  by  any
 9    municipality   pursuant   to  the  Tax  Increment  Allocation
10    Redevelopment Act for purposes of approving  a  redevelopment
11    plan  and  redevelopment project, designating a redevelopment
12    project area, and adopting tax increment allocation financing
13    are validated, ratified, and confirmed as  valid  actions  in
14    full  force  and  effect  as  of  the date of adoption of the
15    ordinance of the  municipality  approving  the  redevelopment
16    plan   and   project,   notwithstanding   that  an  ordinance
17    designating the redevelopment project area was not adopted on
18    that date and an ordinance adopting tax increment  allocation
19    financing  was  not  adopted  on that date, provided that, no
20    later than 180 days after the effective date of this Law, the
21    governing  body  of  the  municipality  adopts  an  ordinance
22    designating the redevelopment project area and  an  ordinance
23    adopting   tax   increment   allocation   financing  for  the
24    redevelopment project area.

25        Section 5-10.  Election  validation.  All  actions  taken
26    before  the  effective  date  of  this  Law with respect to a
27    public  question  authorizing   the   issuance   of   general
28    obligation  bonds of a municipality that was submitted to and
29    approved by the electors of that municipality at the  general
 
SB1650 Enrolled            -2-                SRS92SB0057NCap
 1    primary  election held on March 19, 2002 and all bonds issued
 2    or to  be  issued  by  that  municipality  pursuant  to  that
 3    approval  are  ratified,  validated,  and confirmed as lawful
 4    actions to authorize the issuance of those bonds and any such
 5    bonds shall be lawful, valid, and binding general obligations
 6    of that municipality,  notwithstanding  that  the  notice  of
 7    election  and  the  form  of  public question approved by the
 8    electors at that election did not conform to the requirements
 9    of applicable law, provided that the notice of  election  and
10    the public question did set forth the principal amount of the
11    bonds  and  the  capital  improvements  to be financed by the
12    bonds and that no bond issued by virtue of  the  approval  of
13    the  public  question shall bear interest at a rate exceeding
14    7% per annum.

15                             ARTICLE 10

16        Section 10-1. Short title. This Article may be  cited  as
17    the  Maywood  Public  Library  District  Tax  Levy Validation
18    (2002) Law.

19        Section 10-5. Tax levy ordinances of the  Maywood  Public
20    Library District. If the Maywood Public Library District has,
21    during  the  fiscal  years  2001  and  2002,  within the time
22    required by law adopted annual appropriation  ordinances  for
23    those years but failed to adopt its annual tax levy ordinance
24    for  the  tax year 2001 (collectible in 2002), but adopts its
25    2001 tax levy or a supplemental or deficiency 2001 tax  levy,
26    or both, by the last Tuesday of December 2002, and duly files
27    the  same  with  the  county clerk of the county in which the
28    district is located, then any such tax  levy  ordinances  and
29    supplemental  or  deficiency tax levy ordinance and the taxes
30    assessed, levied, and extended thereon are  hereby  validated
31    notwithstanding  any  failure  to  comply  with  the Truth in
 
SB1650 Enrolled            -3-                SRS92SB0057NCap
 1    Taxation Law or the Cook County Truth  in  Taxation  Law  and
 2    further  notwithstanding  any  failure  to  comply  with  the
 3    provisions  of  the  Property Tax Extension Limitation Law or
 4    any other law. No 2001 tax levy or supplemental or deficiency
 5    levy, however, is validated  to  the  extent  it  would  have
 6    exceeded  the  maximum  amount the district could have levied
 7    under the Property Tax Extension Limitation Law  if  the  tax
 8    levy  ordinance  or supplemental or deficiency levy ordinance
 9    had been adopted and filed in due time in calendar year 2001.
10    Any such tax levy or supplemental or deficiency levy shall be
11    extended by the county clerk  of  the  county  in  which  the
12    public  library  district  is located by adding the amount of
13    the 2001 tax levy or supplemental or deficiency levy  to  the
14    district's  validly  enacted  2002  tax  levy,  regardless of
15    whether that 2001 tax levy is in  the  form  of  a  customary
16    annual  tax  levy  or  in  the  form  of  a  supplemental  or
17    deficiency  tax  levy. Moreover, if the district has received
18    any tax revenue for the calendar year 2001 intended  for  the
19    payment of principal and interest on outstanding bonds of the
20    district and the district has used any portion or all of that
21    tax  revenue for normal operating expenses, that use of those
22    funds is hereby validated if the district issues  either  tax
23    anticipation warrants or notes to provide funds sufficient to
24    replace  that  bond revenue used for operating expenses prior
25    to default on any bond payments;  further,  the  use  of  the
26    proceeds  of  the issuance of those notes or warrants to make
27    the bond payments when due is further hereby validated.

28        Section 10-905. The  Property  Tax  Code  is  amended  by
29    adding Sections 18-92, 18-101.47, and 18-197 as follows:

30        (35 ILCS 200/18-92 new)
31        Sec.  18-92.  Maywood  Public  Library  District Tax Levy
32    Validation  (2002)  Law.  The  provisions  of  the  Truth  in
 
SB1650 Enrolled            -4-                SRS92SB0057NCap
 1    Taxation Law  are  subject  to  the  Maywood  Public  Library
 2    District Tax Levy Validation (2002) Law.

 3        (35 ILCS 200/18-101.47 new)
 4        Sec. 18-101.47.  Maywood Public Library District Tax Levy
 5    Validation  (2002)  Law.  The  provisions  of the Cook County
 6    Truth in Taxation Law  are  subject  to  the  Maywood  Public
 7    Library District Tax Levy Validation (2002) Law.

 8        (35 ILCS 200/18-197 new)
 9        Sec.  18-197.  Maywood  Public  Library District Tax Levy
10    Validation (2002) Law. The provisions  of  the  Property  Tax
11    Extension  Limitation  Law  are subject to the Maywood Public
12    Library District Tax Levy Validation (2002) Law.

13                             ARTICLE 99

14        Section 99-99.  Effective date.  This  Act  takes  effect
15    upon becoming law.