Full Text of HB1365 97th General Assembly
HB1365ham001 97TH GENERAL ASSEMBLY | 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 | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Sections 18-70, 18-80, and 18-90 and by adding Section 18-87 as | 6 | | follows:
| 7 | | (35 ILCS 200/18-70)
| 8 | | Sec. 18-70. More than 5% increase; notice and hearing | 9 | | required. If the
estimate of the corporate authority made as | 10 | | provided in Section 18-60 is more
than 105% of the amount | 11 | | extended or estimated to be extended, plus any amount
abated by | 12 | | the corporate authority prior to extension, upon the final | 13 | | aggregate
levy of the preceding year, exclusive of election | 14 | | costs, the corporate
authority shall give public notice of and | 15 | | hold a public hearing on its intent
to adopt an aggregate levy | 16 | | in an amount which is more than 105% of the amount
extended or |
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| 1 | | estimated to be extended upon the final aggregate levy | 2 | | extensions,
plus any amount abated, exclusive of election | 3 | | costs, for the preceding year.
The hearing shall not coincide | 4 | | with the hearing on the proposed budget of the
taxing district. | 5 | | If the taxing district is subject to the Property Tax Extension | 6 | | Limitation Law, then a public hearing is not required unless a | 7 | | petition 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 | 11 | | that are not subject to the Property Tax Extension Limitation | 12 | | Law, the The notice shall appear not more than
14 days nor less | 13 | | than 7 days prior to the date of the public hearing. The
notice | 14 | | shall be no less than 1/8 page in size, and the smallest type | 15 | | used shall
be 12 point and shall be enclosed in a black border | 16 | | no less than 1/4 inch wide.
The notice shall not be placed in | 17 | | that portion of the newspaper where legal
notices and | 18 | | classified advertisements appear. The notice shall be | 19 | | published in
substantially the following form:
| 20 | | Notice of Proposed Property Tax Increase for ... (commonly | 21 | | known name of
taxing district).
| 22 | | I. A public hearing to approve a proposed property tax levy | 23 | | increase 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 | 2 | | present testimony
to the taxing district may contact ... (name, | 3 | | title, address and telephone
number of an appropriate | 4 | | official).
| 5 | | II. The corporate and special purpose property taxes | 6 | | extended or abated
for ... (preceding year) ... were ... | 7 | | (dollar amount of the final aggregate
levy as extended, plus | 8 | | the amount abated by the taxing district prior to
extension).
| 9 | | The proposed corporate and special purpose property taxes | 10 | | to be levied
for ... (current year) ... are ... (dollar amount | 11 | | of the proposed aggregate
levy). This represents a ... | 12 | | (percentage) ... increase over the previous
year.
| 13 | | III. The property taxes extended for debt service and | 14 | | public building
commission leases for ... (preceding year) ... | 15 | | were ... (dollar amount).
| 16 | | The estimated property taxes to be levied for debt service | 17 | | and public
building commission leases for ... (current year) | 18 | | ... are ... (dollar
amount). This represents a ... (percentage | 19 | | increase 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 | 25 | | year.
| 26 | | Any notice which includes any information not specified and |
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| 1 | | required by this
Article shall be an invalid notice.
| 2 | | All hearings shall be open to the public. The corporate | 3 | | authority of the
taxing district shall explain the reasons for | 4 | | the proposed increase and
shall permit persons desiring to be | 5 | | heard an opportunity to present testimony
within reasonable | 6 | | time 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 | 10 | | requirements in districts that are subject to the Property Tax | 11 | | Extension Limitation Law. If the estimate of the corporate | 12 | | authorities of any taxing district that is subject to the | 13 | | Property Tax Extension Limitation Law, made as provided in | 14 | | Section 18-60, is more than 105% of the amount extended or | 15 | | estimated to be extended, plus any amount abated by the | 16 | | corporate authority prior to extension, upon the final | 17 | | aggregate levy of the preceding year, exclusive of election | 18 | | costs, the corporate authority shall give public notice of its | 19 | | intent to adopt an aggregate levy in an amount which is more | 20 | | than 105% of the amount extended or estimated to be extended | 21 | | upon the final aggregate levy extensions, plus any amount | 22 | | abated, exclusive of election costs, for the preceding year. | 23 | | If, within 30 days after publication of the notice, a petition | 24 | | for a public hearing signed by 10 or more residents of the | 25 | | district is filed with the county clerk, then, not fewer than 7 |
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| 1 | | nor more than 14 days after the petition is filed, the district | 2 | | must hold a public hearing on its intent
to adopt an aggregate | 3 | | levy in an amount which is more than 105% of the amount
| 4 | | extended or estimated to be extended upon the final aggregate | 5 | | levy extensions,
plus any amount abated, exclusive of election | 6 | | costs, for the preceding year.
Notice of the hearing must be | 7 | | published in accordance with Section 18-80 of this Act. The | 8 | | hearing shall not coincide with the hearing on the proposed | 9 | | budget of the
taxing district.
| 10 | | (35 ILCS 200/18-90)
| 11 | | Sec. 18-90. Limitation on extension of county clerk. The | 12 | | tax levy
resolution or ordinance approved in the manner | 13 | | provided for in this Article
shall be filed with the county | 14 | | clerk in the manner and at the time otherwise
provided by law. | 15 | | No amount more than 105% of the amount, exclusive of election
| 16 | | costs, which has been extended or is estimated to be extended, | 17 | | plus any amount
abated by the taxing district prior to | 18 | | extension, upon the final aggregate levy
of the preceding year | 19 | | shall be extended unless the tax levy ordinance or
resolution | 20 | | is accompanied by a certification by the presiding officer of | 21 | | the
corporate authority certifying compliance with or | 22 | | inapplicability of the
provisions of Sections 18-60 through | 23 | | 18-87 18-85 .
An amount extended under Section 18-107 in 1994 | 24 | | for a multi-township
assessment district that did not file a | 25 | | certification of compliance with the
Truth in Taxation Law may |
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| 1 | | not exceed 105% of the amount, exclusive of election
costs, | 2 | | that was extended in 1993, plus a proportional amount abated | 3 | | before
extension,
upon the levy or portion of a levy that is | 4 | | allocable to assessment purposes in
each township that is a | 5 | | member of that multi-township assessment district.
| 6 | | (Source: P.A. 88-455; 88-660, eff. 9-16-94.)".
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