Full Text of HB1384 99th General Assembly
HB1384ham001 99TH GENERAL ASSEMBLY | Rep. Sara Feigenholtz Filed: 3/31/2016
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| 1 | | AMENDMENT TO HOUSE BILL 1384
| 2 | | AMENDMENT NO. ______. Amend House Bill 1384 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Sections 27-5 and 27-93 and by adding Sections 27-100, 27-105, | 6 | | 27-110, 27-115, 27-120, and 27-125 as follows:
| 7 | | (35 ILCS 200/27-5)
| 8 | | Sec. 27-5. Short title; definitions. This Article may be | 9 | | cited as the
Special Service Area Tax Law.
| 10 | | When used in this Article:
| 11 | | "Services contract" means an agreement between a service | 12 | | provider agency and a municipality or county for the purpose of | 13 | | providing special services in and for a special service area. | 14 | | "Service provider agency" means an entity that enters into | 15 | | a services contract with a municipality or county for the | 16 | | purpose of providing special services in and for a special |
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| 1 | | service area. | 2 | | "Special Service Area" means a contiguous area within a | 3 | | municipality
or county in which special governmental services | 4 | | are provided in
addition to those services provided generally | 5 | | throughout the
municipality or county, the cost of the special | 6 | | services to be paid
from revenues collected from taxes levied | 7 | | or imposed upon property
within that area. Territory shall be | 8 | | considered contiguous for purposes
of this Article even though | 9 | | certain completely surrounded portions of the
territory are | 10 | | excluded from the special service area. A county may create
a | 11 | | special service area within a municipality or municipalities | 12 | | when the
municipality or municipalities consent to the creation | 13 | | of the special
service area. A municipality may create a | 14 | | special service area within a
municipality and the | 15 | | unincorporated area of a county or within another
municipality | 16 | | when the county or other municipality consents to the creation
| 17 | | of the special service area.
| 18 | | "Special service area commission" means a local board | 19 | | established by the corporate authorities of a municipality or | 20 | | county for the purpose of managing a particular special service | 21 | | area. | 22 | | "Special Services" means all forms of services pertaining | 23 | | to the
government and affairs of the municipality or county, | 24 | | including
but not limited to weather modification and | 25 | | improvements permissible under
Article 9 of the Illinois | 26 | | Municipal Code, and contracts for the supply of
water as |
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| 1 | | described in Section 11-124-1 of the Illinois Municipal Code | 2 | | which
may be entered into by the municipality or by the county | 3 | | on behalf of a
county service area.
| 4 | | (Source: P.A. 86-1324; 88-445.)
| 5 | | (35 ILCS 200/27-93)
| 6 | | Sec. 27-93. Refunds; special service area fund. If the | 7 | | corporate
authorities determine that excess revenues exist in a
| 8 | | special service area fund at the end of the life of the special | 9 | | service area
and if the option to abate a portion of the final | 10 | | tax levy for the special
service
area is no longer available, | 11 | | then the excess funds must be refunded to the
taxpayers of | 12 | | record for all parcels within the special service area, as of | 13 | | the
date the refund is declared, on a pro rata basis based upon | 14 | | each parcel's
proportionate share of the total equalized | 15 | | assessed valuation of all parcels
within the special service | 16 | | area. In processing the refund, the county or
municipality may | 17 | | deduct not more than 5% of the amount declared to be refunded
| 18 | | to cover its costs and expenses relative to declaring and | 19 | | making the refund.
| 20 | | Notwithstanding any other provision of law, including, but | 21 | | not limited to, this Section, the corporate authorities may | 22 | | reappropriate and expend for any municipal purpose all funds | 23 | | attributable to special service area tax revenue which remain | 24 | | unexpended upon the expiration of a special service area if the | 25 | | corporate authorities deem a refund of those unexpended funds |
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| 1 | | to be impracticable. | 2 | | (Source: P.A. 92-226, eff. 1-1-02.)
| 3 | | (35 ILCS 200/27-100 new) | 4 | | Sec. 27-100. Special service area commissions. | 5 | | (a) Notwithstanding any other provision of law, no member | 6 | | of a special service area commission may be an executive | 7 | | officer, owner, or member of the board of directors of the | 8 | | service provider agency selected for a services contract for | 9 | | that special service area. | 10 | | (b) Notwithstanding any other provision of law, no business | 11 | | owned by a member of a special service area commission may, for | 12 | | valuable consideration, provide goods or services as a | 13 | | subcontractor of a service provider agency pursuant to a | 14 | | services contract for the special service area that is the | 15 | | subject of that special service area commission. No business | 16 | | owned by an employee or elected official of a municipality may, | 17 | | for valuable consideration, provide goods or services as a | 18 | | subcontractor of a service provider agency pursuant to a | 19 | | services contract for any special service area located within | 20 | | that municipality. | 21 | | (c) At least one membership position for a special service | 22 | | area commission in a special service area which contains one or | 23 | | more homestead properties, as defined in Section 15-175, shall | 24 | | be reserved as a first priority membership position for any | 25 | | owner of homestead property located within such special service |
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| 1 | | area. | 2 | | (35 ILCS 200/27-105 new) | 3 | | Sec. 27-105. Lines of credit. Special service area | 4 | | commissions may not establish loans or lines of credit in | 5 | | connection with the special service area. Service provider | 6 | | agencies in those municipalities may establish loans or lines | 7 | | of credit in connection with the special service area; however, | 8 | | financing under this Section may not be secured by future tax | 9 | | revenue generated by the special service area. | 10 | | (35 ILCS 200/27-110 new) | 11 | | Sec. 27-110. Special service area moneys used in the next | 12 | | fiscal year. Notwithstanding any other provision of law, if | 13 | | there is excess money remaining in a special service area fund | 14 | | at the end of a fiscal year, then the corporate authorities may | 15 | | authorize the use of that excess money to provide special | 16 | | services within the special service area in the next fiscal | 17 | | year. | 18 | | (35 ILCS 200/27-115 new) | 19 | | Sec. 27-115. Special service area audits. Each special | 20 | | service area commission shall cause an audit of the funds and | 21 | | accounts of the special service area to be submitted to the | 22 | | corporate authorities of the municipality at least annually. | 23 | | The audit shall be made in accordance with generally accepted |
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| 1 | | auditing standards. | 2 | | (35 ILCS 200/27-120 new) | 3 | | Sec. 27-120. Exclusion of erroneously included property. | 4 | | If a property is determined by the corporate authorities of the | 5 | | municipality to be erroneously included in a special service | 6 | | area, the corporate authorities of the municipality may | 7 | | disconnect the property from the special service area by | 8 | | adopting an ordinance to that effect without regard to Section | 9 | | 27-60 or Section 27-65 of this Code. | 10 | | (35 ILCS 200/27-125 new) | 11 | | Sec. 27-125. Administrative fees. Notwithstanding any | 12 | | other provision of law, each municipality may charge an annual | 13 | | administrative fee for such municipality in connection with the | 14 | | administration of each special service area within its | 15 | | jurisdiction. Such annual administrative fee may be derived | 16 | | from the annual tax levy for each special service area. Any | 17 | | amount recommended by a special service area commission and | 18 | | approved by such municipalities as administrative expenses | 19 | | which may be paid to the service provider agency pursuant to | 20 | | the budget included in a services contract shall not exceed 20% | 21 | | of the annual tax levy for the special service area which is | 22 | | the subject of such services contract. ".
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