Rep. Ed Sullivan, Jr.

Filed: 5/16/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 587

2    AMENDMENT NO. ______. Amend House Bill 587 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Park District Code is amended by changing
5Sections 5-1 and 5-2 as follows:
 
6    (70 ILCS 1205/5-1)  (from Ch. 105, par. 5-1)
7    Sec. 5-1. Each Park District has the power to levy and
8collect taxes on all the taxable property in the district for
9all corporate purposes. The commissioners may accumulate funds
10for the purposes of building repairs and improvements and may
11annually levy taxes for such purposes in excess of current
12requirements for its other purposes but subject to the tax rate
13limitation as herein provided.
14    All general taxes proposed by the board to be levied upon
15the taxable property within the district shall be levied by
16ordinance. A certified copy of such levy ordinance shall be

 

 

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1filed with the county clerk of the county in which the same is
2to be collected not later than the last Tuesday in December in
3each year. The county clerk shall extend such tax; provided,
4the aggregate amount of taxes levied for any one year,
5exclusive of the amount levied for the payment of the principal
6and interest on bonded indebtedness of the district and taxes
7authorized by special referenda, shall not exceed, except as
8otherwise provided in this Section, the rate of .10%, or the
9rate limitation in effect on July 1, 1967, whichever is
10greater, of the value, as equalized or assessed by the
11Department of Revenue.
12    Notwithstanding any other provision of this Section, a park
13district board of a park district lying wholly within one
14county is authorized to increase property taxes under this
15Section for corporate purposes for any one year so long as the
16increase is offset by a like property tax levy reduction in one
17or more of the park district's funds. At the time that such
18park district files its levy with the county clerk, it shall
19also certify to the county clerk that the park district has
20complied with and is authorized to act under this Section 5-1
21of the Park District Code. In no instance shall the increase
22either exceed or result in a reduction to the extension
23limitation to which any park district is subject under Section
2418-195 of the Property Tax Code.
25    Notwithstanding any provision of this Section to the
26contrary, if a park district is subject to Section 18-195 of

 

 

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1the Property Tax Code and does not levy the tax authorized by
2Section 5-3, then it may increase the property tax levy under
3this Section for corporate purposes to a total rate not to
4exceed the total of rates authorized by this Section and
5Section 5-3 as long as the increase is offset by a like
6property tax levy reduction in one or more of the park
7district's funds. In no instance shall the increase for
8corporate purposes cause the park district to exceed the
9limiting rate that the park district is subject to under
10Section 18-195 of the Property Tax Code.
11    Any funds on hand at the end of the fiscal year that are
12not pledged for or allocated to a particular purpose may, by
13action of the board of commissioners, be transferred to a
14capital improvement fund and accumulated therein, but the total
15amount accumulated in the fund may not exceed 1.5% of the
16aggregate assessed valuation of all taxable property in the
17park district.
18    The foregoing limitations upon tax rates may be decreased
19under the referendum provisions of the General Revenue Law of
20the State of Illinois.
21(Source: P.A. 95-331, eff. 8-21-07.)
 
22    (70 ILCS 1205/5-2)  (from Ch. 105, par. 5-2)
23    Sec. 5-2. Any park district may levy and collect annually,
24a tax of not to exceed .12% of the value, as equalized or
25assessed by the Department of Revenue, of all taxable property

 

 

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1in such district for the purpose of planning, establishing and
2maintaining recreational programs, such programs to include
3playgrounds, community and recreational centers, which tax
4shall be levied and collected in like manner as the general
5taxes for such district. Such tax shall be in addition to all
6other taxes authorized by law to be levied and collected in
7such district and shall not be included within any limitation
8of rate contained in this Code or any other law, but shall be
9excluded therefrom and be in addition thereto and in excess
10thereof.
11    The proceeds of the tax authorized by this Section shall be
12paid to the treasurer of such district and kept in a fund to be
13known as the recreational program fund. Such fund shall be used
14for the planning, establishing and maintaining recreational
15programs carried on by such district.
16    No such tax in excess of .075% shall be levied in any such
17district, until the question of levying such tax has first been
18submitted to the voters of such district at an election held in
19such district and has been approved by a majority of such
20voters voting thereon. The board shall certify such proposition
21to the proper election officials, who shall submit such
22proposition to the voters of the district regardless of whether
23or not a petition, signed by electors of the district,
24requesting the submission thereof has been filed with the
25board. Notice of such referendum shall be given and such
26referendum shall be conducted in the manner provided by the

 

 

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1general election law.
2    The proposition shall be in substantially the following
3form:
4-------------------------------------------------------------
5    Shall the.... Park District
6be authorized and empowered to
7levy and collect a tax of....           YES
8per cent for the purpose of
9recreational programs (and,
10optionally, insert specific      ----------------------------
11purposes or programs as
12determined by the park district
13board) as provided in Section            NO
145-2 of "The Park District Code"?
15-------------------------------------------------------------
16    If a majority of the voters of such district voting thereon
17shall vote for the levy and collection of the tax, such
18district is authorized and empowered to levy and collect such
19tax annually thereafter. Any tax previously authorized by
20referendum for recreation and community centers under "An Act
21to amend Section 8 of An Act to provide for the creation of
22Pleasure Driveway and Park Districts, approved June 19, 1893,
23as amended and to add Sections 8a, 8b, 8c, and 8d thereto",
24approved February 27, 1935, as amended, shall continue to be
25levied and shall be treated as having been authorized under
26this Section.

 

 

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1    Notwithstanding any provision of this Section to the
2contrary, if a park district is subject to Section 18-195 of
3the Property Tax Code and does not levy the tax authorized by
4Section 5-3a, then it may increase the property tax levy under
5this Section for the purpose of planning, establishing, and
6maintaining recreational programs carried on by the district to
7a total rate not to exceed the total of rates authorized by
8this Section and Section 5-3a as long as the increase is offset
9by a like property tax levy reduction in one or more of the
10park district's funds. In no instance shall the increase for
11the purpose of planning, establishing, and maintaining
12recreation programs cause the park district to exceed the
13limiting rate that the park district is subject to under
14Section 18-195 of the Property Tax Code.
15    The foregoing limitations upon tax rates may be decreased
16under the referendum provisions of the General Revenue Law of
17the State of Illinois.
18(Source: P.A. 93-434, eff. 8-5-03.)
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".