093_HB3679eng

 
HB3679 Engrossed                     LRB093 08329 MKM 08548 b

 1        AN ACT concerning park districts.

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

 4        Section 5.  The Park District Code is amended by changing
 5    Sections 5-1, 5-2, 5-3, and 5-3a 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
 8    collect taxes on all the taxable property in the district for
 9    all corporate  purposes.  The  commissioners  may  accumulate
10    funds  for  the purposes of building repairs and improvements
11    and may annually levy taxes for such purposes  in  excess  of
12    current  requirements  for  its other purposes but subject to
13    the tax rate limitation as herein provided.
14        All general taxes proposed by the board to be levied upon
15    the taxable property within the district shall be  levied  by
16    ordinance.  A  certified copy of such levy ordinance shall be
17    filed with the county clerk of the county in which  the  same
18    is  to  be  collected  not  later  than  the  last Tuesday in
19    December in each year. The county  clerk  shall  extend  such
20    tax;  provided,  the aggregate amount of taxes levied for any
21    one year, exclusive of the amount levied for the  payment  of
22    the  principal  and  interest  on  bonded indebtedness of the
23    district and taxes authorized by special referenda shall  not
24    exceed  the rate of .10%, or the rate limitation in effect on
25    July  1,  1967,  whichever  is  greater,  of  the  value,  as
26    equalized or assessed by the Department of Revenue.
27        Any funds on hand at the end of the fiscal year that  are
28    not  pledged for or allocated to a particular purpose may, by
29    action of the board of commissioners,  be  transferred  to  a
30    capital  improvement  fund  and  accumulated therein, but the
31    total amount accumulated in the fund may not exceed  1.5%  of
 
HB3679 Engrossed            -2-      LRB093 08329 MKM 08548 b
 1    the  aggregate  assessed valuation of all taxable property in
 2    the park district.
 3        The foregoing limitations upon tax rates may be increased
 4    or decreased under the referendum provisions of  the  General
 5    Revenue Law of the State of Illinois.
 6    (Source: P.A. 91-294, eff. 7-29-99.)

 7        (70 ILCS 1205/5-2) (from Ch. 105, par. 5-2)
 8        Sec.  5-2.   Any  park  district  may  levy  and  collect
 9    annually,  a  tax  of  not  to  exceed  .12% of the value, as
10    equalized or assessed by the Department of  Revenue,  of  all
11    taxable   property  in  such  district  for  the  purpose  of
12    planning, establishing and maintaining recreational programs,
13    such  programs  to   include   playgrounds,   community   and
14    recreational centers, which tax shall be levied and collected
15    in  like  manner as the general taxes for such district. Such
16    tax shall be in addition to all other taxes authorized by law
17    to be levied and collected in such district and shall not  be
18    included within any limitation of rate contained in this Code
19    or  any  other law, but shall be excluded therefrom and be in
20    addition thereto and in excess thereof.
21        The proceeds of the tax authorized by this Section  shall
22    be  paid to the treasurer of such district and kept in a fund
23    to be known as the recreational program fund. Such fund shall
24    be  used  for  the  planning,  establishing  and  maintaining
25    recreational programs carried on by such district.
26        No such tax in excess of .075% shall  be  levied  in  any
27    such  district,  until  the  question of levying such tax has
28    first been submitted to the voters of  such  district  at  an
29    election  held  in  such  district and has been approved by a
30    majority of such  voters  voting  thereon.  The  board  shall
31    certify  such  proposition  to the proper election officials,
32    who shall submit  such  proposition  to  the  voters  of  the
33    district  regardless  of whether or not a petition, signed by
 
HB3679 Engrossed            -3-      LRB093 08329 MKM 08548 b
 1    electors of the district, requesting the  submission  thereof
 2    has  been  filed  with  the  board. Notice of such referendum
 3    shall be given and such referendum shall be conducted in  the
 4    manner provided by the general election law.
 5        The  proposition  shall be in substantially the following
 6    form:
 7    -------------------------------------------------------------
 8        Shall the.... Park District
 9    be authorized and empowered to
10    levy and collect a tax of....           YES
11    per cent for the purpose of
12    recreational programs (and,
13    optionally, insert specific      ----------------------------
14    purposes or programs as
15    determined by the park district
16    board) as provided in Section            NO
17    5-2 of "The Park District Code"?
18    -------------------------------------------------------------
19        If a majority of  the  voters  of  such  district  voting
20    thereon  shall  vote  for the levy and collection of the tax,
21    such district is authorized and empowered to levy and collect
22    such tax annually thereafter. Any tax  previously  authorized
23    by  referendum for recreation and community centers under "An
24    Act to amend Section 8 of An Act to provide for the  creation
25    of  Pleasure  Driveway  and Park Districts, approved June 19,
26    1893, as amended and to add  Sections  8a,  8b,  8c,  and  8d
27    thereto",  approved  February  27,  1935,  as  amended, shall
28    continue to be levied and shall be  treated  as  having  been
29    authorized under this Section.
30        The foregoing limitations upon tax rates may be increased
31    or  decreased  under the referendum provisions of the General
32    Revenue Law of the State of Illinois.
33    (Source: P.A. 81-1489; 81-1509.)
 
HB3679 Engrossed            -4-      LRB093 08329 MKM 08548 b
 1        (70 ILCS 1205/5-3) (from Ch. 105, par. 5-3)
 2        Sec. 5-3. Any park district may levy and collect annually
 3    an additional tax of not to  exceed  .25%  of  the  value  as
 4    equalized  or  assessed  by  the Department of Revenue of all
 5    taxable property in such district for all corporate purposes,
 6    which tax shall be levied and collected in like manner as the
 7    general taxes  for  such  district.  Such  tax  shall  be  in
 8    addition  to  all  other taxes authorized by law to be levied
 9    and collected by such district  and  shall  not  be  included
10    within  any  limitation of rate contained in this code or any
11    other law, but shall be excluded therefrom and be in addition
12    thereto and in excess thereof.
13        No such tax shall be levied in any  such  district  until
14    the  question of levying such tax has first been submitted to
15    the voters of such district  at  an  election  held  in  such
16    district,  and has been approved by a majority of such voters
17    voting thereon. Notice of the referendum shall be  given  and
18    such  election  shall  be conducted in the manner provided by
19    the general election law.
20        The proposition shall be in substantially  the  following
21    form:
22    -------------------------------------------------------------
23        Shall.... Park District
24    be authorized to levy and               YES
25    collect an additional tax of
26    not to exceed .25% for all
27    corporate purposes (and,
28    optionally, insert specific         -------------------------
29    purposes or programs as
30    determined by the park
31    district board) as provided              NO
32    in Section 5-3 of "The Park
33    District Code"?
34    -------------------------------------------------------------
 
HB3679 Engrossed            -5-      LRB093 08329 MKM 08548 b
 1        If  a  majority  of  the  voters  of such district voting
 2    thereon shall vote for the levy and collection  of  the  tax,
 3    such  district  shall be authorized and empowered to levy and
 4    collect such tax.
 5    (Source: P.A. 85-1209.)

 6        (70 ILCS 1205/5-3a) (from Ch. 105, par. 5-3a)
 7        Sec. 5-3a.   Any  park  district  may  levy  and  collect
 8    annually  an  additional  tax  of  not to exceed 0.25% of the
 9    value as equalized or assessed by the Department  of  Revenue
10    of  all  taxable property in such district for the purpose of
11    planning, establishing and maintaining recreational  programs
12    carried  on  by  such district, which tax shall be levied and
13    collected in like  manner  as  the  general  taxes  for  such
14    district.   Such  tax shall be in addition to all other taxes
15    authorized by law to be levied and collected by such district
16    and shall not be  included  within  any  limitation  of  rate
17    contained  in  this  Code  or  any  other  law,  but shall be
18    excluded therefrom in addition thereto and in excess thereof.
19        No such tax shall be levied in any such district, nor the
20    rate of such tax be increased, until the question of  levying
21    or increasing such tax has first been submitted to the voters
22    of  such  district  at an election held in such district, and
23    has been  approved  by  a  majority  of  such  voters  voting
24    thereon.   Notice  of  referendum  shall  be  given  and such
25    referendum shall be conducted in the manner provided  by  the
26    general election law.
27        The  proposition  shall be in substantially the following
28    form:
 
HB3679 Engrossed            -6-      LRB093 08329 MKM 08548 b
 1    -------------------------------------------------------------
 2        Shall....... Park District be
 3    authorized to levy and collect
 4    an additional tax of (insert               YES
 5    percentage)% for the purpose
 6    of recreational programs (and,     --------------------------
 7    optionally insert specific
 8    purposes or programs as determined          NO
 9    by the park district board) as
10    provided in "The Park District
11    Code"?
12    -------------------------------------------------------------
13    (Source: P.A. 82-419.)

14        Section 99.  Effective date.  This Act takes effect  upon
15    becoming law.