State of Illinois
90th General Assembly
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90_HB3897

      35 ILCS 200/27-5
      35 ILCS 200/27-22 new
          Amends the Special Service Area Tax Law in  the  Property
      Tax  Code.   Provides  that  a county or municipality may not
      create or enlarge a  special  service  area  to  include  the
      unincorporated  area  of  a  county without the approval at a
      referendum of  the  electors  of  the  proposed  or  existing
      special service area.
                                                     LRB9013104PTbd
                                               LRB9013104PTbd
 1        AN ACT to amend the Property Tax Code by changing Section
 2    27-5 and adding Section 27-22.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5.  The Property Tax Code is amended by  changing
 6    Section 27-5 and adding Section 27-22 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        "Special  Service  Area" means a contiguous area within a
12    municipality or county in which special governmental services
13    are provided in addition to those services provided generally
14    throughout the  municipality  or  county,  the  cost  of  the
15    special  services  to  be  paid  from revenues collected from
16    taxes levied or  imposed  upon  property  within  that  area.
17    Territory shall be considered contiguous for purposes of this
18    Article even though certain completely surrounded portions of
19    the  territory are excluded from the special service area.  A
20    county  may  create  a  special   service   area   within   a
21    municipality  or  municipalities  when  the  municipality  or
22    municipalities consent to the creation of the special service
23    area. A municipality may create a special service area within
24    a  municipality  and  the  unincorporated area of a county or
25    within  another  municipality  when  the  county   or   other
26    municipality  consents to the creation of the special service
27    area.  A county or municipality may not create or  enlarge  a
28    special service area to include an unincorporated area of the
29    county  without  referendum  approval of the inclusion of the
30    unincorporated area under Section 27-22.
31        "Special Services" means all forms of services pertaining
                            -2-                LRB9013104PTbd
 1    to the government and affairs of the municipality or  county,
 2    including   but  not  limited  to  weather  modification  and
 3    improvements permissible under  Article  9  of  the  Illinois
 4    Municipal  Code,  and  contracts  for  the supply of water as
 5    described in Section 11-124-1 of the Illinois Municipal  Code
 6    which  may  be  entered  into  by  the municipality or by the
 7    county on behalf of a county service area.
 8    (Source: P.A. 86-1324; 88-445.)
 9        (35 ILCS 200/27-22 new)
10        Sec.  27-22.  Referendum  for  establishment  of  special
11    service area in unincorporated areas.  A special service area
12    may not be created or enlarged to include  an  unincorporated
13    area  of  a  county  until  the  question  of  including  the
14    unincorporated area has been submitted to the electors of the
15    proposed  or  existing  special  service  area  at  a regular
16    election and approved by a majority of the electors voting on
17    the question.  The corporate authorities of the  proposed  or
18    existing  special  service area shall certify the question to
19    the proper election authority.  The election authority  shall
20    then  submit  the  question  at  an election according to the
21    Election Code.
22        The question shall  be  submitted  in  substantially  the
23    following form:
24        "Shall (name of the county or municipality) be authorized
25    to include the unincorporated territory described as (general
26    description  of  proposed  boundaries)  in  the  (name of the
27    proposed or existing special service area)?"
28    The votes shall be recorded as "Yes" or "No".
29        If a majority of the electors voting on the question vote
30    in  the  affirmative,  then  the  corporate  authorities  may
31    establish or enlarge the special service area to include that
32    unincorporated area of the county.

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