SB3342eng 98TH GENERAL ASSEMBLY

SB3342 Engrossed LRB098 19796 JLK 55012 b

AN ACT concerning local government.

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

Section 5. The Conservation District Act is amended by changing Section 13 as follows:

(70 ILCS 410/13) (from Ch. 96 1/2, par. 7114)

Sec. 13. The fiscal year of each district shall commence April 1 and extend through the following March 31.

The board shall, within the first quarter of each fiscal year, adopt a combined annual budget and appropriation ordinance as provided in the Illinois Municipal Budget Law. In a district located entirely within a county with a population of less than 750,000 that is contiguous to a county with a population of more than 2,000,000, the district's combined annual budget and appropriation ordinance shall not be considered to be adopted until it is also adopted by resolution of the county board of the county in which the district is located.

Except as otherwise provided in this Act, a district may annually levy taxes upon all the taxable property therein at the value thereof, as equalized or assessed by the Department of Revenue, to be extended at not more than the rates and for the purposes specified hereinafter:

(1) 0.025% for the general purposes of the district, including acquisition and development of real property which may be in excess of current requirements and allowed to accumulate from year to year, and for any purposes specified by the district; however, no tax may be extended at a rate that will result in accumulation of any amount representing more than 0.075% of the equalized assessed valuation of the district.

(2) 0.075% for acquisition of real property, which may be in excess of current requirements and allowed to accumulate from year to year, and for any purposes specified by the district; however, no tax may be extended at a rate that will result in accumulation of any amount representing more than 0.25% of the equalized assessed valuation of the district.

(3) 0.1%, in lieu of the two rates specified in (1) and (2) above, for the general purposes of the district, including the acquisition, development, operation and maintenance of real property which may be in excess of current requirements and allowed to accumulate from year to year, and for any purposes specified by the district; however, no tax may be extended at a rate that will result in accumulation of any amount representing more than 0.325% of the equalized assessed valuation of the district.

(4) 0.15%, in lieu of the two rates specified in (1) and (2) above, and in lieu of (3) above, for the general purposes of a district located wholly within McHenry County, including the acquisition, development, operation and maintenance of real property which may be in excess of current requirements and allowed to accumulate from year to year, and for any purposes specified by the district; however, no tax may be extended at a rate that will result in accumulation of any amount representing more than 0.325% of the equalized assessed valuation of the district.

A district located wholly within McHenry County may not levy a rate that exceeds 0.1% without first submitting the question to the voters of the district. The question shall be submitted in accordance with the Election Code. The governing body of the district shall certify the question to the proper election authorities who shall submit the question to the electors of the district in substantially the following form:

Shall (name of district) be permitted to levy a rate of (insert rate) beginning with levy year (year) for the general purposes of the district, including the acquisition, development, operation and maintenance of real property, which may be in excess of current requirements and allowed to accumulate from year to year, and for any purposes specified by the district?

The votes must be recorded as "Yes" or "No".

If a majority of voters voting on the increase approve its adoption, the increase shall take effect beginning with the levy year specified in the question.

If the district is seeking to levy a rate that exceeds its limiting rate under the Property Tax Extension Limitation Law, then the district shall submit the question to the voters of the district in accordance with Section 18-190 of the Property Tax Code in lieu of the requirements set forth in this paragraph (4).

Except as provided in some other Act, a district may not levy annual taxes, for all its purposes in the aggregate, in excess of 0.1% of the value, or 0.15% of the value for a district located wholly within McHenry County, as equalized or assessed by the Department of Revenue, of the taxable property therein.

After the adoption of the combined budget and appropriation ordinance and within the second quarter of each fiscal year, the board shall ascertain the total amount of the appropriations legally made which are to be provided for from tax levies for the current year. Then, by an ordinance specifying in detail the purposes for which such appropriations have been made and the amounts appropriated for such purposes, the board shall levy not to exceed the total amount so ascertained upon all the property subject to taxation within the district as the same is assessed and equalized for state and county purposes for the current year. A certified copy of such ordinance shall be filed on or before the first Tuesday in October with the clerk of each county wherein the district or any part thereof is located.

(Source: P.A. 94-617, eff. 8-18-05.)