093_HB3679ham002

 










                                     LRB093 08329 MKM 13221 a

 1                    AMENDMENT TO HOUSE BILL 3679

 2        AMENDMENT NO.     .  Amend House Bill 3679  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section  5.   The  Park  District  Code  is  amended  by
 5    changing 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
 
                            -2-      LRB093 08329 MKM 13221 a
 1    district and taxes authorized by special referenda shall  not
 2    exceed  the rate of .10%, or the rate limitation in effect on
 3    July  1,  1967,  whichever  is  greater,  of  the  value,  as
 4    equalized or assessed by the Department of Revenue.
 5        Any funds on hand at the end of the fiscal year that  are
 6    not  pledged for or allocated to a particular purpose may, by
 7    action of the board of commissioners,  be  transferred  to  a
 8    capital  improvement  fund  and  accumulated therein, but the
 9    total amount accumulated in the fund may not exceed  1.5%  of
10    the  aggregate  assessed valuation of all taxable property in
11    the park district.
12        The foregoing limitations upon tax rates may be increased
13    or decreased under the referendum provisions of  the  General
14    Revenue Law of the State of Illinois.
15    (Source: P.A. 91-294, eff. 7-29-99.)

16        (70 ILCS 1205/5-2) (from Ch. 105, par. 5-2)
17        Sec.  5-2.   Any  park  district  may  levy  and  collect
18    annually,  a  tax  of  not  to  exceed  .12% of the value, as
19    equalized or assessed by the Department of  Revenue,  of  all
20    taxable   property  in  such  district  for  the  purpose  of
21    planning, establishing and maintaining recreational programs,
22    such  programs  to   include   playgrounds,   community   and
23    recreational centers, which tax shall be levied and collected
24    in  like  manner as the general taxes for such district. Such
25    tax shall be in addition to all other taxes authorized by law
26    to be levied and collected in such district and shall not  be
27    included within any limitation of rate contained in this Code
28    or  any  other law, but shall be excluded therefrom and be in
29    addition thereto and in excess thereof.
30        The proceeds of the tax authorized by this Section  shall
31    be  paid to the treasurer of such district and kept in a fund
32    to be known as the recreational program fund. Such fund shall
33    be  used  for  the  planning,  establishing  and  maintaining
 
                            -3-      LRB093 08329 MKM 13221 a
 1    recreational programs carried on by such district.
 2        No such tax in excess of .075% shall  be  levied  in  any
 3    such  district,  until  the  question of levying such tax has
 4    first been submitted to the voters of  such  district  at  an
 5    election  held  in  such  district and has been approved by a
 6    majority of such  voters  voting  thereon.  The  board  shall
 7    certify  such  proposition  to the proper election officials,
 8    who shall submit  such  proposition  to  the  voters  of  the
 9    district  regardless  of whether or not a petition, signed by
10    electors of the district, requesting the  submission  thereof
11    has  been  filed  with  the  board. Notice of such referendum
12    shall be given and such referendum shall be conducted in  the
13    manner provided by the general election law.
14        The  proposition  shall be in substantially the following
15    form:
16    -------------------------------------------------------------
17        Shall the.... Park District be authorized
18    and empowered to levy and collect a tax of....      YES
19    per cent for the purpose of recreational
20    programs (and, optionally, insert specific  -----------------
21    purposes or programs as
22    determined by the park district board)              NO
23    as provided in Section 5-2 of "The
24    Park District Code"?
25    -------------------------------------------------------------
26        If a majority of  the  voters  of  such  district  voting
27    thereon  shall  vote  for the levy and collection of the tax,
28    such district is authorized and empowered to levy and collect
29    such tax annually thereafter. Any tax  previously  authorized
30    by  referendum for recreation and community centers under "An
31    Act to amend Section 8 of An Act to provide for the  creation
32    of  Pleasure  Driveway  and Park Districts, approved June 19,
33    1893, as amended and to add  Sections  8a,  8b,  8c,  and  8d
34    thereto",  approved  February  27,  1935,  as  amended, shall
 
                            -4-      LRB093 08329 MKM 13221 a
 1    continue to be levied and shall be  treated  as  having  been
 2    authorized under this Section.
 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. 81-1489; 81-1509.)

 7        (70 ILCS 1205/5-3) (from Ch. 105, par. 5-3)
 8        Sec. 5-3. Any park district may levy and collect annually
 9    an additional tax of not to  exceed  .25%  of  the  value  as
10    equalized  or  assessed  by  the Department of Revenue of all
11    taxable property in such district for all corporate purposes,
12    which tax shall be levied and collected in like manner as the
13    general taxes  for  such  district.  Such  tax  shall  be  in
14    addition  to  all  other taxes authorized by law to be levied
15    and collected by such district  and  shall  not  be  included
16    within  any  limitation of rate contained in this code or any
17    other law, but shall be excluded therefrom and be in addition
18    thereto and in excess thereof.
19        No such tax shall be levied in any  such  district  until
20    the  question of levying such tax has first been submitted to
21    the voters of such district  at  an  election  held  in  such
22    district,  and has been approved by a majority of such voters
23    voting thereon. Notice of the referendum shall be  given  and
24    such  election  shall  be conducted in the manner provided by
25    the general election law.
26        The proposition shall be in substantially  the  following
27    form:
28    -------------------------------------------------------------
29        Shall.... Park District
30    be authorized to levy and               YES
31    collect an additional tax of
32    not to exceed .25% for all
33    corporate purposes (and,
 
                            -5-      LRB093 08329 MKM 13221 a
 1    optionally, insert specific         -------------------------
 2    purposes or programs as
 3    determined by the park
 4    district board) as provided            NO
 5    in Section 5-3 of
 6    "The Park District Code"?
 7    District Code"?
 8    -------------------------------------------------------------
 9        If  a  majority  of  the  voters  of such district voting
10    thereon shall vote for the levy and collection  of  the  tax,
11    such  district  shall be authorized and empowered to levy and
12    collect such tax.
13    (Source: P.A. 85-1209.)

14        (70 ILCS 1205/5-3a) (from Ch. 105, par. 5-3a)
15        Sec. 5-3a.   Any  park  district  may  levy  and  collect
16    annually  an  additional  tax  of  not to exceed 0.25% of the
17    value as equalized or assessed by the Department  of  Revenue
18    of  all  taxable property in such district for the purpose of
19    planning, establishing and maintaining recreational  programs
20    carried  on  by  such district, which tax shall be levied and
21    collected in like  manner  as  the  general  taxes  for  such
22    district.   Such  tax shall be in addition to all other taxes
23    authorized by law to be levied and collected by such district
24    and shall not be  included  within  any  limitation  of  rate
25    contained  in  this  Code  or  any  other  law,  but shall be
26    excluded therefrom in addition thereto and in excess thereof.
27        No such tax shall be levied in any such district, nor the
28    rate of such tax be increased, until the question of  levying
29    or increasing such tax has first been submitted to the voters
30    of  such  district  at an election held in such district, and
31    has been  approved  by  a  majority  of  such  voters  voting
32    thereon.   Notice  of  referendum  shall  be  given  and such
33    referendum shall be conducted in the manner provided  by  the
 
                            -6-      LRB093 08329 MKM 13221 a
 1    general election law.
 2        The  proposition  shall be in substantially the following
 3    form:
 4    -------------------------------------------------------------
 5        Shall....... Park District be authorized
 6    to levy and collect an additional tax of            YES
 7    (insert percentage)% for the purpose
 8    of recreational programs (and, optionally,-------------------
 9    insert specific purposes or
10    programs as determined by the park                   NO
11    district board) as provided in
12    "The Park District Code"?
13    -------------------------------------------------------------
14    (Source: P.A. 82-419.)

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