Bill Text: IL SB2795 | 2009-2010 | 96th General Assembly | Engrossed

NOTE: There are more recent revisions of this legislation. Read Latest Draft
Bill Title: Amends the Property Tax Code. Exempts property that is part of a special service area in which taxes are extended solely upon the value of the land from provisions of the Code concerning the assessment of subdivisions by not including the value of infrastructure improvements. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Passed) 2010-07-29 - Public Act . . . . . . . . . 96-1396 [SB2795 Detail]

Download: Illinois-2009-SB2795-Engrossed.html



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1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Property Tax Code is amended by changing
5 Section 27-75 as follows:
6 (35 ILCS 200/27-75)
7 Sec. 27-75. Extension of tax levy. If a property tax is
8 levied, the tax shall be extended by the county clerk in the
9 special service area in the manner provided by Articles 1
10 through 26 of this Code based on equalized assessed values as
11 established under Articles 1 through 26. The municipality or
12 county shall file a certified copy of the ordinance creating
13 the special service area, including an accurate map thereof, a
14 copy of the public hearing notice, and a description of the
15 special services to be provided, with the county clerk. The
16 corporate authorities of the municipality or county may levy
17 taxes in the special service area prior to the date the levy
18 must be filed with the county clerk, for the same year in which
19 the ordinance and map are filed with the county clerk. In
20 addition, the corporate authorities shall file a certified copy
21 of each ordinance levying taxes in the special service area on
22 or before the last Tuesday of December of each year and shall
23 file a certified copy of any ordinance authorizing the issuance

SB2795 Engrossed - 2 - LRB096 19617 HLH 35012 b
1 of bonds and providing for a property tax levy in the area by
2 December 31 of the year of the first levy.
3 In lieu of or in addition to an ad valorem property tax, a
4 special tax may be levied and extended within the special
5 service area on any other basis that provides a rational
6 relationship between the amount of the tax levied against each
7 lot, block, tract and parcel of land in the special service
8 area and the special service benefit rendered. In that case, a
9 special tax roll shall be prepared containing: (a) a
10 description of the special services to be provided, (b) an
11 explanation of the method of spreading the special tax, (c) a
12 list of lots, blocks, tracts and parcels of land in the special
13 service area, and (d) the amount assessed against each. The
14 special tax roll shall be included in the ordinance
15 establishing the special service area or in an amendment of the
16 ordinance, and shall be filed with the county clerk for use in
17 extending the tax. The lien and foreclosure remedies provided
18 in Article 9 of the Illinois Municipal Code shall apply upon
19 non-payment of the special tax.
20 As an alternative to an ad valorem tax based on the whole
21 equalized assessed value of the property, the corporate
22 authorities may provide for the ad valorem tax to be extended
23 solely upon the equalized assessed value of the land in a
24 special service area, without regard to improvements, if the
25 equalized assessed value of the land in the special service
26 area is at least 75% of the total of the whole equalized

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1 assessed value of property within the special service area at
2 the time that it was established. If the corporate authorities
3 choose to provide for this method of taxation on the land value
4 only, then each notice given in connection with the special
5 service area must include a statement in substantially the
6 following form: "The taxes to be extended shall be upon the
7 equalized assessed value of the land in the proposed special
8 service area, without regard to improvements. Section 10-30 of
9 this Code does not apply to any property that is part of a
10 special service area created under this paragraph, namely,
11 property for which the ad valorem taxes are extended solely
12 upon the equalized assessed value of the land in the special
13 service area, without regard to improvements.
14 (Source: P.A. 93-1013, eff. 8-24-04.)
15 Section 99. Effective date. This Act takes effect upon
16
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