HB5061ham001 98TH GENERAL ASSEMBLY

Rep. Jeanne M Ives

Filed: 4/2/2014

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 5061

2    AMENDMENT NO. ______. Amend House Bill 5061 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Sections 27-30 and 27-55 as follows:
 
6    (35 ILCS 200/27-30)
7    Sec. 27-30. Manner of notice. Prior to or within 60 days
8after the adoption of the ordinance proposing the establishment
9of a special service area the municipality or county shall fix
10a time and a place for a public hearing. The public hearing
11shall be held not less than 60 days after the adoption of the
12ordinance proposing the establishment of a special service
13area. Notice of the hearing shall be given by publication and
14mailing, except that notice of a public hearing to propose the
15establishment of a special service area for weather
16modification purposes may be given by publication only. Notice

 

 

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1by publication shall be given by publication at least once not
2less than 15 days prior to the hearing in a newspaper of
3general circulation within the municipality or county. Notice
4by mailing shall be given by depositing the notice in the
5United States mails addressed to the person or persons in whose
6name the general taxes for the last preceding year were paid on
7each property lying within the special service area. A notice
8shall be mailed not less than 10 days prior to the time set for
9the public hearing. In the event taxes for the last preceding
10year were not paid, the notice shall be sent to the person last
11listed on the tax rolls prior to that year as the owner of the
12property. A list of the names and addresses of the individuals
13and entities to whom the notice will be sent by mail shall be
14published at the time notice is given and shall be available at
15the public hearing.
16(Source: P.A. 97-1053, eff. 1-1-13.)
 
17    (35 ILCS 200/27-55)
18    Sec. 27-55. Authorization Objection petition.
19Notwithstanding any other provision of law, on and after the
20effective date of this amendatory Act of the 98th General
21Assembly, no special service area may be created or enlarged;
22no special service area tax may be levied, imposed, or
23increased; and no bonds may be issued for the provision of
24special services within the area, unless If a petition signed
25by at least 51% of the taxpayers of record of all property

 

 

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1electors residing within the special service area or and by at
2least 51% of the taxpayers owners of record of the land
3included within the boundaries of the special service area is
4filed with the municipal clerk or county clerk, as the case may
5be, authorizing within 60 days following the final adjournment
6of the public hearing, objecting to the creation of the special
7service district, the enlargement of the area, the levy or
8imposition of a tax or the issuance of bonds for the provision
9of special services to the area, or to a proposed increase in
10the tax rate, as the case may be. The petition must be filed
11within 60 days following the final adjournment of the public
12hearing. Only one taxpayer of record may sign an authorization
13petition for any single property index number within the
14proposed special service area. For the purposes of signing the
15petition, "taxpayer of record" means either (i) any person in
16whose name the general taxes for the last preceding year were
17paid, as demonstrated by a copy of the tax bill or
18documentation from the assessor or clerk, or (ii) any person in
19whose name title is held, as demonstrated by a copy of the last
20recorded deed to the property. Any authorized agent may sign a
21petition on behalf of an entity, and that person's
22certification of his or her authority to sign shall be
23presumptive evidence of his or her authority to sign. A
24beneficiary of a land trust may sign the petition with respect
25to the property held by that land trust, and that person's
26certification that he or she is a beneficiary shall be

 

 

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1presumptive evidence of his or her authorization to sign.
2Taxpayers , the district shall not be created or enlarged, or
3the tax shall not be levied or imposed nor the rate increased,
4or no bonds may be issued. The subject matter of the petition
5shall not be proposed relative to any signatories of the
6petition within the next 2 years. Each resident of the special
7service area registered to vote at the time of the public
8hearing held with regard to the special service area shall be
9considered an elector. Each person in whose name legal title to
10land included within the boundaries of the special service area
11is held according to the records of the county in which the
12land is located shall be considered an owner of record. Owners
13of record shall be determined at the time of the public hearing
14held with regard to a special service area. Land owned in the
15name of a land trust, corporation, estate or partnership shall
16be considered to have a single owner of record.
17(Source: P.A. 82-640; 88-455.)
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".