Rep. Anthony DeLuca

Filed: 3/10/2011

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1365

2    AMENDMENT NO. ______. Amend House Bill 1365 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Sections 18-70, 18-80, and 18-90 and by adding Section 18-87 as
6follows:
 
7    (35 ILCS 200/18-70)
8    Sec. 18-70. More than 5% increase; notice and hearing
9required. If the estimate of the corporate authority made as
10provided in Section 18-60 is more than 105% of the amount
11extended or estimated to be extended, plus any amount abated by
12the corporate authority prior to extension, upon the final
13aggregate levy of the preceding year, exclusive of election
14costs, the corporate authority shall give public notice of and
15hold a public hearing on its intent to adopt an aggregate levy
16in an amount which is more than 105% of the amount extended or

 

 

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1estimated to be extended upon the final aggregate levy
2extensions, plus any amount abated, exclusive of election
3costs, for the preceding year. The hearing shall not coincide
4with the hearing on the proposed budget of the taxing district.
5If the taxing district is subject to the Property Tax Extension
6Limitation Law, then a public hearing is not required unless a
7petition is filed under Section 18-87 of this Act.
8(Source: P.A. 86-957; 88-455.)
 
9    (35 ILCS 200/18-80)
10    Sec. 18-80. Time and form of notice. For taxing districts
11that are not subject to the Property Tax Extension Limitation
12Law, the The notice shall appear not more than 14 days nor less
13than 7 days prior to the date of the public hearing. The notice
14shall be no less than 1/8 page in size, and the smallest type
15used shall be 12 point and shall be enclosed in a black border
16no less than 1/4 inch wide. The notice shall not be placed in
17that portion of the newspaper where legal notices and
18classified advertisements appear. The notice shall be
19published in substantially the following form:
20    Notice of Proposed Property Tax Increase for ... (commonly
21known name of taxing district).
22    I. A public hearing to approve a proposed property tax levy
23increase for ... (legal name of the taxing district)... for ...
24(year) ... will be held on ... (date) ... at ... (time) ... at
25... (location).

 

 

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1    Any person desiring to appear at the public hearing and
2present testimony to the taxing district may contact ... (name,
3title, address and telephone number of an appropriate
4official).
5    II. The corporate and special purpose property taxes
6extended or abated for ... (preceding year) ... were ...
7(dollar amount of the final aggregate levy as extended, plus
8the amount abated by the taxing district prior to extension).
9    The proposed corporate and special purpose property taxes
10to be levied for ... (current year) ... are ... (dollar amount
11of the proposed aggregate levy). This represents a ...
12(percentage) ... increase over the previous year.
13    III. The property taxes extended for debt service and
14public building commission leases for ... (preceding year) ...
15were ... (dollar amount).
16    The estimated property taxes to be levied for debt service
17and public building commission leases for ... (current year)
18... are ... (dollar amount). This represents a ... (percentage
19increase or decrease) ... over the previous year.
20    IV. The total property taxes extended or abated for ...
21(preceding year) ... were ... (dollar amount).
22    The estimated total property taxes to be levied for ...
23(current year) ... are ... (dollar amount). This represents a
24... (percentage increase or decrease) ... over the previous
25year.
26    Any notice which includes any information not specified and

 

 

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1required by this Article shall be an invalid notice.
2    All hearings shall be open to the public. The corporate
3authority of the taxing district shall explain the reasons for
4the proposed increase and shall permit persons desiring to be
5heard an opportunity to present testimony within reasonable
6time limits as it determines.
7(Source: P.A. 92-382, eff. 8-16-01.)
 
8    (35 ILCS 200/18-87 new)
9    Sec. 18-87. More than 5% increase; notice and hearing
10requirements in districts that are subject to the Property Tax
11Extension Limitation Law. If the estimate of the corporate
12authorities of any taxing district that is subject to the
13Property Tax Extension Limitation Law, made as provided in
14Section 18-60, is more than 105% of the amount extended or
15estimated to be extended, plus any amount abated by the
16corporate authority prior to extension, upon the final
17aggregate levy of the preceding year, exclusive of election
18costs, the corporate authority shall give public notice of its
19intent to adopt an aggregate levy in an amount which is more
20than 105% of the amount extended or estimated to be extended
21upon the final aggregate levy extensions, plus any amount
22abated, exclusive of election costs, for the preceding year.
23If, within 30 days after publication of the notice, a petition
24for a public hearing signed by 10 or more residents of the
25district is filed with the county clerk, then, not fewer than 7

 

 

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1nor more than 14 days after the petition is filed, the district
2must hold a public hearing on its intent to adopt an aggregate
3levy in an amount which is more than 105% of the amount
4extended or estimated to be extended upon the final aggregate
5levy extensions, plus any amount abated, exclusive of election
6costs, for the preceding year. Notice of the hearing must be
7published in accordance with Section 18-80 of this Act. The
8hearing shall not coincide with the hearing on the proposed
9budget of the taxing district.
 
10    (35 ILCS 200/18-90)
11    Sec. 18-90. Limitation on extension of county clerk. The
12tax levy resolution or ordinance approved in the manner
13provided for in this Article shall be filed with the county
14clerk in the manner and at the time otherwise provided by law.
15No amount more than 105% of the amount, exclusive of election
16costs, which has been extended or is estimated to be extended,
17plus any amount abated by the taxing district prior to
18extension, upon the final aggregate levy of the preceding year
19shall be extended unless the tax levy ordinance or resolution
20is accompanied by a certification by the presiding officer of
21the corporate authority certifying compliance with or
22inapplicability of the provisions of Sections 18-60 through
2318-87 18-85. An amount extended under Section 18-107 in 1994
24for a multi-township assessment district that did not file a
25certification of compliance with the Truth in Taxation Law may

 

 

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1not exceed 105% of the amount, exclusive of election costs,
2that was extended in 1993, plus a proportional amount abated
3before extension, upon the levy or portion of a levy that is
4allocable to assessment purposes in each township that is a
5member of that multi-township assessment district.
6(Source: P.A. 88-455; 88-660, eff. 9-16-94.)".