97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
HB1082

 

Introduced 02/04/11, by Rep. Michael W. Tryon

 

SYNOPSIS AS INTRODUCED:
 
55 ILCS 5/5-1009.5 new

    Amends the Counties Code. Provides that Boone, DeKalb, DuPage, Grundy, Kane, Kankakee, Kendall, Lake, McHenry, or Will county may levy an annual tax for farmland preservation easement and green redevelopment purposes. Provides that the tax may not exceed 0.05% of the equalized assessed value of taxable property in the county. Provides that the tax must be approved by referendum. Provides that the tax may be discontinued by referendum. Provides that a referendum to levy or discontinue the tax may be initiated by a petition signed by a number of electors equal to at least 0.5% of the total number of votes cast in the county during the last preceding gubernatorial election. Provides that the proceeds of the tax shall be paid into two separate funds, the county farmland preservation easement fund and the green redevelopment fund. Sets forth the ways in which the proceeds of the funds shall be used.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Counties Code is amended by adding Section
55-1009.5 as follows:
 
6    (55 ILCS 5/5-1009.5 new)
7    Sec. 5-1009.5. Tax for county farmland preservation
8easement and green redevelopment purposes.
9    (a) In Boone, DeKalb, DuPage, Grundy, Kane, Kankakee,
10Kendall, Lake, McHenry, or Will county, whenever a petition
11signed by a number of electors of the county equal to at least
120.5% of the total number of votes cast during the last
13preceding gubernatorial election in the county is presented to
14the county board requesting the submission of a proposition, or
15if the county board adopts a resolution requesting the
16submission of a proposition, of whether or not an annual tax
17shall be levied at a rate not to exceed 0.05% of the value as
18equalized or assessed by the Department of Revenue, on all
19taxable property in the county for the purpose of creating and
20maintaining a fund for county farmland preservation easement
21purposes and for grants to units of local government within the
22county for green redevelopment purposes, that county board
23shall adopt a resolution for the submission of the proposition

 

 

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1at the next regular election held in the county. The county
2board shall certify the resolution and the proposition to the
3proper election officials, who shall submit the proposition at
4an election in accordance with the general election law. The
5foregoing limitations upon tax rates may be increased or
6decreased under the referendum provisions of the General
7Revenue Law of Illinois.
8    (b) Upon the adoption of the resolution and the
9certification thereof to the county clerk of the county, the
10proposition shall be submitted at the next regular election
11held in the county.
12    The proposition shall be in substantially the following
13form:
14        Shall an annual tax of not to exceed 0.05% be levied in
15    ..... County for county farmland preservation easement
16    purposes and grants to units of local government for green
17    redevelopment purposes addressing stormwater management,
18    groundwater protection, and reinvestment in developed
19    sites?
20    Votes shall be recorded as "yes" or "no".
21    If a majority of the legal voters of the county voting on
22the proposition vote in favor thereof, the proposition shall be
23deemed adopted.
24    (c) Upon the adoption of the proposition in accordance with
25subsection (b), the county board shall cause an annual tax of
26not to exceed 0.05% of value, as equalized or assessed by the

 

 

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1Department of Revenue, of all taxable property of the county to
2be levied upon all the taxable property in the county for
3county farmland preservation easement and green redevelopment
4purposes. Any tax imposed under this Section shall be in
5addition to all other taxes authorized by law to be levied and
6collected in the county and shall be in addition to the maximum
7of taxes authorized by law for county purposes. The foregoing
8limitations upon tax rates may be increased or decreased
9according to the referendum provisions of the General Revenue
10Law of Illinois.
11    (d) The proceeds of the tax authorized under this Section
12shall be paid into 2 separate funds in the county treasury. At
13least 50% of the proceeds shall go into a fund known as the
14county farmland preservation easement fund which shall be used
15by the county board for the purchase of easements to preserve
16farmland within the county. Up to 50% of the proceeds shall go
17into a fund known as the green redevelopment fund which shall
18be used by the county to offer grants to units of local
19government for green redevelopment projects including
20acquisition, construction, demolition, conversion, repair, or
21alteration of existing developed sites to address
22implementation of best management practices for stormwater
23management as defined by existing stormwater management
24ordinances; groundwater recharge and infiltration; and
25reinvestment in brownfield sites through remediation
26activities. Green redevelopment funds cannot be used for

 

 

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1projects on land planned or reserved by county or municipal
2plans for either agricultural use or open space. The fund shall
3be expended in the same manner and subject to the same
4requirements as other county expenditures.
5    (e) If a petition signed by a number of electors of the
6county equal to at least 0.5% of the total number of votes cast
7during the last preceding gubernatorial election in a county
8that has authorized a tax for county farmland preservation
9easement and green redevelopment purposes under the provisions
10of this Section is presented to the county board of that
11county, requesting a proposition whether or not the tax for
12county farmland preservation easement and green redevelopment
13purposes in such county shall be discontinued, the county board
14shall adopt a resolution providing for the submission of the
15proposition to the voters of the county at the next regular
16election held in accordance with the general election law.
17    If a majority of the voters of the county voting upon the
18proposition are in favor thereof, then the proposition shall be
19deemed adopted and the tax shall be discontinued in the county.
20In case any funds remain to the credit of the county farmland
21preservation easement fund or the green redevelopment fund
22after the tax has been discontinued, those remaining funds
23shall be paid into the general fund for county purposes in the
24county treasury. All previously executed farmland preservation
25easements shall be in effect until the termination of the
26easements as provided in each easement agreement. All

 

 

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1previously executed grant agreements for green redevelopment
2with units of local government shall be fulfilled as provided
3in each grant agreement.