|
|
||||
| Public Act 094-0617 |
||||
| ||||
| ||||
AN ACT concerning local government.
| ||||
Be it enacted by the People of the State of Illinois,
| ||||
represented in the General Assembly:
| ||||
Section 5. The Public Officer Prohibited Activities Act is | ||||
amended by changing Section 1 as follows:
| ||||
(50 ILCS 105/1) (from Ch. 102, par. 1)
| ||||
Sec. 1. County board. No member of a county board, during | ||||
the term of
office for which
he or she is elected, may be | ||||
appointed to, accept, or hold any office other
than (i) | ||||
chairman of the county board or member of the regional planning
| ||||
commission by appointment or election of the board of which he | ||||
or she is a
member,
or (ii) alderman of a city or member of the | ||||
board of trustees of a
village or incorporated town if the | ||||
city, village, or incorporated town has
fewer than 1,000 | ||||
inhabitants and is located in a county having fewer than
50,000 | ||||
inhabitants, or (iii) trustee of a forest preserve district | ||||
created under Section 18.5 of the Conservation District Act, | ||||
unless he or she first resigns from the office
of county board
| ||||
member or unless the holding of another office is authorized by | ||||
law.
Any such prohibited appointment or election is void. This | ||||
Section shall not
preclude a member of the county board from | ||||
being selected or from serving as a member of a County
| ||||
Extension
Board as provided in Section 7 of the County | ||||
Cooperative Extension Law,
as a member of an Emergency | ||||
Telephone System Board as provided in Section
15.4 of the | ||||
Emergency Telephone System Act, or as appointed members of the
| ||||
board of review as provided in Section 6-30 of the Property Tax | ||||
Code.
Nothing in this Act shall be construed to prohibit an | ||||
elected county official
from holding elected office in another | ||||
unit of local government so long as
there is no contractual | ||||
relationship between the county and the other unit of
local | ||||
government. This amendatory Act of 1995 is declarative of | ||||
existing law
and is not a new enactment.
| ||
(Source: P.A. 91-732, eff. 1-1-01; 92-111, eff. 1-1-02.)
| ||
Section 10. The Conservation District Act is amended by | ||
changing Sections 5, 13, and 15 and by adding Section 18.5 as | ||
follows:
| ||
(70 ILCS 410/5) (from Ch. 96 1/2, par. 7105)
| ||
Sec. 5. Board of trustees.
| ||
(a) The affairs of a conservation district shall be managed | ||
by a
board
which shall consist of 5 trustees, except as | ||
otherwise provided in this
Section. If the boundaries of the | ||
district are
coextensive with the boundaries of one county, the | ||
trustees shall be
residents of that county. If the district | ||
embraces 2 counties, 3 trustees
shall be residents of the | ||
county with the larger population and 2 trustees
shall be | ||
residents of the other county. If the district embraces 3
| ||
counties, one trustee shall be a resident of the county with | ||
the smallest
population and each of the other counties shall | ||
have 2 resident trustees.
If the district embraces 4 counties, | ||
2 trustees shall be residents of the
county with the largest | ||
population and each of the other counties shall
have one | ||
resident trustee. If the district embraces 5 counties, each | ||
county
shall have one resident trustee.
| ||
(b) A district that is entirely within a county of under | ||
750,000
300,000
inhabitants and contiguous to a county of more | ||
than 2,000,000 inhabitants
and that is authorized by referendum | ||
as provided in subsection (d) of
Section 15 to incur | ||
indebtedness over 0.575% but not to exceed 1.725% shall
have a | ||
board consisting of 7 trustees, all of whom shall be residents | ||
of the
county. The additional 2 trustees shall be appointed by | ||
the chairman of
the county board, with the consent of the | ||
county board, and shall hold
office for terms expiring on June | ||
30 as follows: one trustee after 4 years
and one trustee after | ||
5 years from the date of the referendum. Successor
trustees | ||
shall be
appointed in the same manner no later than June 1 | ||
before the commencement
of the term of the trustee.
| ||
(c) Trustees shall be qualified voters of such district who | ||
do not hold any
other public office and are not officers of any | ||
political party. Trustees,
if nominated by the county board | ||
chairman as hereinafter provided, shall be
selected on the | ||
basis of their demonstrated interest in the purpose of
| ||
conservation districts.
| ||
(d) The chairman of the county board for the county of | ||
which the trustee is
a resident shall, with the consent of the | ||
county board of that county,
appoint the first trustees who | ||
shall hold office for terms expiring on June
30 after one, 2, | ||
3, 4, and 5 year periods respectively as determined and
fixed | ||
by lot. Thereafter, successor trustees shall be appointed in | ||
the same
manner no later than June 1 prior to the commencement | ||
of term of the
trustee.
| ||
(e) Each successor trustee shall serve for a term of 5 | ||
years. A vacancy
occurring otherwise than by expiration of term | ||
shall be filled for the
unexpired term by appointment of a | ||
trustee by the county board chairman of
the county of which the | ||
trustee shall be a resident, with the approval of
the county | ||
board of that county. A trustee who has served a full term of 5
| ||
years is ineligible to serve as a trustee for a period of one | ||
year
following the expiration of his term. When any trustee | ||
during his term of
office shall cease to be a bona fide | ||
resident of the district he is
disqualified as a trustee and | ||
his office becomes vacant.
| ||
(f) Trustees shall serve without compensation, but may be | ||
paid their actual
and necessary expenses incurred in the | ||
performance of their official
duties.
| ||
(g) A trustee may be removed for cause by the county board | ||
chairman for the
county of which the trustee is a resident, | ||
with the approval of the county
board of that county, but every | ||
such removal shall be by a written order,
which shall be filed | ||
with the county clerk.
| ||
(h) A conservation district with 5 trustees may determine | ||
by majority vote
of the board to increase the size of the board | ||
to 7 trustees. With respect to
a 7-member
board, no more than 3 | ||
members may be residents
of
any township in a county under | ||
township
organization or of any congressional township in a | ||
county not under township
organization.
In the case of
a | ||
7-member board representing a district that embraces 2 | ||
counties, 4
trustees
shall be residents of the county with the | ||
larger population and 3 trustees
shall be residents of the | ||
other county. If the district embraces 3 counties,
2 trustees | ||
shall be residents of each of the 2 counties with the smallest
| ||
population and
the largest county shall have 3 resident | ||
trustees. If the district
embraces 4 counties, one trustee | ||
shall be a resident of the county with the
smallest population | ||
and each of the other counties shall have 2 resident
trustees. | ||
If the district embraces 5 counties, the 2 counties with the | ||
largest
population shall each have 2 resident trustees and each | ||
of the other counties
shall have one resident trustee. The | ||
pertinent appointing authorities shall
appoint the additional | ||
2 trustees to initial terms as equally staggered as
possible | ||
from the
terms of the trustees already appointed from that | ||
township or county so that 2
trustees representing the same | ||
area shall not be succeeded in the same year.
| ||
(Source: P.A. 90-195, eff. 7-24-97; 91-629, eff. 8-19-99.)
| ||
(70 ILCS 410/13) (from Ch. 96 1/2, par. 7114)
| ||
Sec. 13. The fiscal year of each district shall commence | ||
April 1 and
extend through the following March 31.
| ||
The board shall, within the first quarter of each fiscal | ||
year,
adopt a combined annual budget and appropriation
| ||
ordinance as provided in the Illinois Municipal Budget Law.
In | ||
a district located entirely within a county with a population | ||
of less than 750,000
300,000 that is contiguous to a county | ||
with a population of more than
2,000,000, the district's | ||
combined annual budget and appropriation ordinance
shall not be | ||
considered to be adopted until it is also adopted by resolution | ||
of
the county
board of the county in which the district is | ||
located.
| ||
Except as otherwise provided in this Act, a district may | ||
annually
levy taxes upon all the taxable property therein at | ||
the value thereof,
as equalized or assessed by the Department | ||
of Revenue, to be extended at
not more than the rates and for | ||
the purposes specified hereinafter:
| ||
(1) 0.025% for the general purposes of the district, | ||
including
acquisition and development of real property | ||
which may be in excess of
current requirements and allowed | ||
to accumulate from year to year, and for
any purposes | ||
specified by the district; however, no tax may be extended
| ||
at a rate that will result in accumulation of any amount | ||
representing
more than 0.075% of the equalized assessed | ||
valuation of the district.
| ||
(2) 0.075% for acquisition of real property, which may | ||
be in excess
of current requirements and allowed to | ||
accumulate from year to year, and for
any purposes | ||
specified by the district; however, no tax may be extended
| ||
at a rate that will result in accumulation of any amount | ||
representing
more than 0.25% of the equalized assessed | ||
valuation of the district.
| ||
(3) 0.1%, in lieu of the two rates specified in (1) and | ||
(2) above, for
the general purposes of the district, | ||
including the acquisition,
development, operation and | ||
maintenance of real property which may be in
excess of | ||
current requirements and allowed to accumulate from year to | ||
year,
and for any purposes specified by the district; | ||
however, no tax may be
extended at a rate that will result | ||
in accumulation of any amount representing
more than 0.325% | ||
of the equalized assessed valuation of the district.
| ||
Except as provided in some other Act, a district may not | ||
levy annual
taxes, for all its purposes in the aggregate, in | ||
excess of 0.1% of the
value, as equalized or assessed by the | ||
Department of Revenue, of the
taxable property therein.
| ||
After the adoption of the combined budget and appropriation | ||
ordinance
and within the second quarter of each fiscal year, | ||
the board shall ascertain
the total amount of the | ||
appropriations legally made which are to be
provided for from | ||
tax levies for the current year. Then, by an ordinance
| ||
specifying in detail the purposes for which such appropriations | ||
have
been made and the amounts appropriated for such purposes, | ||
the board
shall levy not to exceed the total amount so | ||
ascertained upon all the
property subject to taxation within | ||
the district as the same is assessed
and equalized for state | ||
and county purposes for the current year. A
certified copy of | ||
such ordinance shall be filed on or before the first
Tuesday in | ||
October with the clerk of each county wherein the district or
| ||
any part thereof is located.
| ||
(Source: P.A. 91-629, eff. 8-19-99.)
| ||
(70 ILCS 410/15) (from Ch. 96 1/2, par. 7116)
| ||
Sec. 15. (a) Whenever a district does not have sufficient | ||
money in its
treasury to meet all necessary expenses and | ||
liabilities thereof, it may
issue tax anticipation warrants. | ||
Such issue of tax anticipation warrants
shall be subject to the | ||
provisions of Section 2 of "An Act to provide
for the manner of | ||
issuing warrants upon the treasurer of the State or of
any | ||
county, township, or other municipal corporation or quasi | ||
municipal
corporation, or of any farm drainage district, river | ||
district, drainage
and levee district, fire protection | ||
district and jurors' certificates",
approved June 27, 1913, as | ||
now and hereafter amended.
| ||
(b) For the purpose of acquisition of real property, or | ||
rights thereto, a
district may incur indebtedness and, as | ||
evidence of the indebtedness
thus created, may issue and sell | ||
bonds without first obtaining the
consent of the legal voters | ||
of the district.
| ||
(c) For the purpose of development of real property, a | ||
district may incur
indebtedness and, as evidence of the | ||
indebtedness thus created, may
issue and sell bonds only after | ||
the proposition to issue bonds has been
submitted to the legal | ||
voters of the district at an election and has
been approved by | ||
a majority of those voting on the proposition. Such
election is | ||
subject to Section 15.1 of this Act.
| ||
(d) No district shall become indebted in any manner or for | ||
any purpose,
to any amount including existing indebtedness in | ||
the aggregate exceeding
0.575% of the value, as equalized or | ||
assessed by the Department of Revenue,
of the taxable property | ||
therein; except that a district entirely within a
county of | ||
under
750,000
300,000 inhabitants and contiguous to a county of | ||
more than
2,000,000 inhabitants may incur indebtedness,
| ||
including existing indebtedness, in the aggregate not
| ||
exceeding 1.725% of that value if the aggregate indebtedness | ||
over 0.575% is
submitted to the legal voters of the district at | ||
an election and is
approved by a majority of those voting on | ||
the proposition as provided in
Section 15.1.
| ||
(e) Before or at the time of issuing bonds for acquisition | ||
or development
of real property, the district shall provide by | ||
ordinance for the
collection of an annual tax, in addition to | ||
all other taxes authorized
by this act, sufficient to pay such | ||
bonds and the interest thereon as
the same respectively become | ||
due. Such bonds shall be divided into
series, the first of | ||
which shall mature not later than 5 years after the
date of | ||
issue and the last of which shall mature not later
than 20 | ||
years after the date of issue; shall bear interest at a rate or
| ||
rates not exceeding the maximum rate permitted in "An Act to | ||
authorize
public corporations to issue bonds, other evidences | ||
of indebtedness and tax
anticipation warrants subject to | ||
interest rate limitations set forth
therein", approved May 26, | ||
1970, as now or hereafter amended; shall be
in such form as the | ||
district shall by
resolution provide and shall be payable as to | ||
both principal and
interest from the proceeds of the annual | ||
levy of taxes authorized to be
levied by this Section, or so | ||
much thereof as will be sufficient to pay
the principal thereof | ||
and the interest thereon. Prior to the
authorization and | ||
issuance of such bonds the district may, with or
without | ||
notice, negotiate and enter into an agreement or agreements | ||
with
any bank, investment banker, trust company or insurance | ||
company or group
thereof whereunder the marketing of such bonds | ||
may be assured and
consummated. The proceeds of such bonds | ||
shall be deposited in a special
fund, to be kept separate and | ||
apart from all other funds of the
conservation district.
| ||
(Source: P.A. 91-629, eff. 8-19-99.)
| ||
(70 ILCS 410/18.5 new) | ||
Sec. 18.5. Dissolution of conservation district and | ||
creation of forest preserve district. | ||
(a) Notwithstanding any provision of law to the contrary, | ||
if the boundaries of a conservation district are coextensive | ||
with the boundaries of one county, then the county board may | ||
adopt a resolution to submit the question of whether the | ||
conservation district shall be dissolved and, upon the | ||
dissolution of the conservation district, a forest preserve | ||
district created. The question shall be submitted to the | ||
electors of the conservation district at a regular election and | ||
approved by a majority of the electors voting on the question. | ||
The county board must certify the question to the proper | ||
election authorities, which must submit the question at an | ||
election in accordance with the Election Code. | ||
The election authorities must submit the question in | ||
substantially the following form: | ||
Shall the (insert name of conservation district) be | ||
dissolved and, upon its dissolution, a forest preserve | ||
district created with boundaries that are coextensive with | ||
the boundaries of (insert name of county)? | ||
The election authorities must record the votes as "Yes" or | ||
"No". | ||
If a majority of the electors voting on the question vote | ||
in the affirmative, then, on the thirtieth day after the | ||
results of the referendum are certified, the conservation | ||
district is dissolved and the forest preserve district is | ||
created. The terms of all trustees of the conservation district | ||
are terminated and the county board members shall serve ex | ||
officio as the commissioners of the forest preserve district. | ||
The chairman of the county board shall serve as chairman of the | ||
board of commissioners of the forest preserve district. | ||
(b) Each county board member shall serve ex officio as a | ||
commissioner of the forest preserve district until the | ||
expiration of his or her term as a county board member or until | ||
the member's position on the county board is otherwise vacated. | ||
Upon the expiration of the term of any county board member | ||
serving as a commissioner or upon the occurrence of any other | ||
vacancy on the county board, the office of commissioner shall | ||
be filled by that county board member's successor on the county | ||
board.
| ||
(c) The forest preserve district shall serve as the | ||
successor entity to the dissolved conservation district and | ||
references to the dissolved conservation district or to its | ||
officers or employees in any document, contract, agreement, or | ||
law shall, in appropriate contexts, be deemed to refer to the | ||
successor forest preserve district. Thirty days after the | ||
dissolution of the conservation district, all of its assets, | ||
liabilities, property (both real and personal), employees, | ||
books, and records are transferred to the forest preserve | ||
district by operation of law. All rules and ordinances of the | ||
dissolved conservation district shall remain in effect as rules | ||
and ordinances of the forest preserve district until amended or | ||
repealed by the forest preserve district.
| ||
(d) If there are any bonds of the conservation district | ||
outstanding and
unpaid at the time the conservation district is | ||
dissolved, the forest preserve district shall be
liable for | ||
that bond indebtedness and the forest preserve district may | ||
continue to levy
and extend taxes upon the taxable property in | ||
that territory for the
purpose of amortizing those bonds until | ||
such time as the bonds are
retired.
| ||
(e) The county board members may be reimbursed
for their | ||
reasonable expenses actually incurred in performing their | ||
official
duties as members of the board of commissioners of the | ||
forest preserve district in accordance with the provisions of | ||
Section 3a of the Downstate Forest Preserve Act. Any
| ||
reimbursement paid under this subsection shall be paid by the | ||
forest preserve
district.
| ||
(f) A forest preserve district created under this Section | ||
shall have the same powers, duties, and authority as a forest | ||
preserve district created under the Downstate Forest Preserve | ||
District Act, except that it shall have the same bonding and | ||
taxing authority as a conservation district under the | ||
Conservation District Act. To the extent that any provision of | ||
this Section conflicts with any provision of the Downstate | ||
Forest Preserve District Act, this Section controls.
| ||
Section 15. The Downstate Forest Preserve District Act is | ||
amended by changing Sections 3c, 13 and 13.1 and by adding | ||
Section 13.1a as follows:
| ||
(70 ILCS 805/3c)
| ||
Sec. 3c. Elected board of commissioners in certain | ||
counties. If the boundaries of a district are co-extensive with | ||
the boundaries of a
county having a population of more than | ||
800,000 but less than 3,000,000,
all commissioners of the | ||
forest preserve district shall be elected from the
same
| ||
districts as members of the county board beginning with the | ||
general election
held in 2002 and each succeeding general | ||
election. One commissioner shall be
elected from each district. | ||
At their first meeting after their election in
2002 and | ||
following each subsequent decennial reapportionment of the | ||
county
under Division 2-3 of the
Counties Code, the elected | ||
commissioners shall publicly by lot divide
themselves
into 2 | ||
groups, as equal in size as possible. Commissioners from the
| ||
first
group
shall serve for terms of 2, 4, and 4 years; and | ||
commissioners from the second
group
shall serve terms of 4, 4, | ||
and 2 years. Beginning with the general election in 2002, the
| ||
president of the board of commissioners of the forest
preserve | ||
district shall be elected by the voters of the county, rather | ||
than by
the commissioners. The president shall be a resident of | ||
the county and shall
be elected throughout the county for a
| ||
4-year term without having been first elected as commissioner | ||
of the forest
preserve
district.
Each commissioner shall be a | ||
resident of the county board district from which
he or she was | ||
elected not later than the date of the commencement of the term
| ||
of office. The term of office for the president and | ||
commissioners elected
under this
Section shall commence on the | ||
first Monday
of the month following the month of election.
| ||
Neither a commissioner nor the president of the board of
| ||
commissioners of that forest preserve
district
shall serve | ||
simultaneously as member or chairman of the county board. No
| ||
person shall seek election to both the forest preserve | ||
commission and the
county board at the same election. The
| ||
compensation for the president shall be an amount equal to 85% | ||
of the annual
salary of
the county board chairman.
The | ||
president, with the advice and consent of the
board of | ||
commissioners shall appoint a secretary,
treasurer, and such | ||
other officers as deemed necessary by the board of
| ||
commissioners, which officers need not be members of the board | ||
of
commissioners. The president shall have the powers and | ||
duties as specified in
Section 12 of this Act.
| ||
Candidates for president and commissioner shall be | ||
candidates of
established political
parties.
| ||
If a vacancy in the office of president or commissioner | ||
occurs, other
than by expiration
of the president's or | ||
commissioner's term, the
forest preserve district board of | ||
commissioners shall declare that a vacancy
exists and | ||
notification of the vacancy shall be given to the county | ||
central
committee of each established political party within 3 | ||
business days after the
occurrence of the vacancy. If the | ||
vacancy occurs in the office of forest
preserve
district | ||
commissioner, the
president of the board
of commissioners | ||
shall,
within 60 days after the date of the vacancy,
with the | ||
advice and consent of other commissioners then serving, appoint | ||
a
person to serve for the remainder of the unexpired term.
The | ||
appointee
shall be affiliated with the same political party as | ||
the commissioner in whose
office the vacancy occurred and be a | ||
resident of such district. If a vacancy
in the office of | ||
president occurs, other than by expiration of the president's
| ||
term, the remaining members of
the board of commissioners | ||
shall, within 60 days after the vacancy,
appoint one of the | ||
commissioners to serve as
president for the remainder of
the | ||
unexpired term.
In that case, the office of the commissioner | ||
who is appointed to serve
as president shall be deemed vacant | ||
and shall be filled within 60 days by
appointment of the | ||
president with the advice and consent of the other forest
| ||
preserve district commissioners. The commissioner who is | ||
appointed to fill a
vacancy in
the office of president shall be | ||
affiliated with the same political party as
the person who | ||
occupied the office of president prior to the vacancy. A person
| ||
appointed to fill a vacancy in the office of president or | ||
commissioner shall
establish his or her party affiliation by | ||
his or her record of voting in
primary elections or by holding | ||
or having held an office in an established
political party | ||
organization before the appointment. If the appointee has not
| ||
voted in a party primary election or is not holding or has not | ||
held an office
in an established political party organization | ||
before the appointment, the
appointee shall establish his or | ||
her political party affiliation by his or her
record of | ||
participating in an established political party's nomination | ||
or
election caucus.
If, however, more than 28 months remain in | ||
the unexpired
term of a commissioner or the president, the
| ||
appointment shall be until the next general election, at
which | ||
time the
vacated office of commissioner or president shall be | ||
filled by election for the
remainder of the term.
| ||
Notwithstanding any law to the contrary, if a vacancy occurs | ||
after
the last day provided in Section 7-12 of the Election | ||
Code for filing
nomination papers for the office of president | ||
of a forest
preserve district where that office is elected as | ||
provided for in this
Section, or as set forth in Section 7-61 | ||
of the Election Code, a vacancy in
nomination shall be filled | ||
by the passage of a resolution by the nominating
committee of | ||
the affected political party within the time periods specified | ||
in
the Election Code. The nominating committee shall consist of | ||
the chairman of
the county central committee and the township | ||
chairmen of the affected
political party. All other vacancies | ||
in nomination shall be filled in
accordance with the provisions | ||
of the Election Code.
| ||
The president and commissioners elected under this Section | ||
may be reimbursed
for their reasonable expenses actually | ||
incurred in performing their official
duties under this Act in | ||
accordance with the provisions of Section 3a. The
reimbursement | ||
paid under this Section shall be paid by the forest preserve
| ||
district.
| ||
Compensation for forest preserve commissioners elected | ||
under this Section
shall be the same as that of county board | ||
members of the county with which the
forest
preserve district's | ||
boundaries are co-extensive.
| ||
This Section does not apply to a forest preserve district | ||
created under Section 18.5 of the Conservation District Act.
| ||
(Source: P.A. 91-933, eff. 12-30-00; 92-583, eff. 6-26-02.)
| ||
(70 ILCS 805/13) (from Ch. 96 1/2, par. 6323)
| ||
Sec. 13. Bonds; limitation on indebtedness.
The board of | ||
any forest preserve district organized
hereunder may, for any | ||
of the purposes enumerated in this Act, borrow
money upon the | ||
faith and credit of such district, and may issue bonds
| ||
therefor. However, a district with a population of less than | ||
3,000,000
may not become indebted in any manner or for any | ||
purpose to an amount
including existing indebtedness in the | ||
aggregate exceeding 2.3% of the
assessed value of the taxable | ||
property therein, as ascertained by the
last equalized | ||
assessment for State and county purposes. No district
may incur | ||
(i) indebtedness
in excess of .3% of the assessed value of | ||
taxable property in the district,
as ascertained by the last | ||
equalized assessment for State and county purposes,
for the | ||
development of forest preserve lands held by the district, or | ||
(ii)
indebtedness for any other purpose except the acquisition | ||
of land
including acquiring lands in fee simple along or | ||
enclosing water
courses, drainage ways, lakes, ponds, planned | ||
impoundments or elsewhere
which are required to store flood | ||
waters or control other drainage and
water conditions necessary | ||
for the preservation and management of the
water resources of | ||
the District, unless the proposition to issue bonds
or | ||
otherwise incur indebtedness is certified by the board to the | ||
proper
election officials who shall submit the proposition at | ||
an election in accordance
with the general election law, and | ||
approved by a majority of those voting upon the
proposition. No | ||
district containing fewer than 3,000,000 inhabitants may
incur | ||
indebtedness for the acquisition of land or lands for any | ||
purpose
in excess of 55,000 acres, including all lands | ||
theretofore acquired,
unless the proposition to issue bonds or | ||
otherwise incur indebtedness is
first submitted to the voters | ||
of the district at a referendum in accordance
with the general | ||
election law and approved by a
majority of those voting upon | ||
the proposition. Before or at the time of
issuing bonds, the | ||
board shall provide by ordinance for the collection
of an | ||
annual tax sufficient to pay the interest on the bonds as it | ||
falls
due, and to pay the bonds as they mature. All bonds | ||
issued by any forest
preserve district must be divided into | ||
series, the first of which
matures not later than 5 years after | ||
the date of issue and the last of
which matures not later than | ||
20 years after the date of issue.
| ||
This Section does not apply to a forest preserve district | ||
created under Section 18.5 of the Conservation District Act.
| ||
(Source: P.A. 83-927.)
| ||
(70 ILCS 805/13.1) (from Ch. 96 1/2, par. 6324)
| ||
Sec. 13.1. Tax levies.
After the first Monday in October | ||
and by the first Monday in
December in each year, the board | ||
shall levy the general taxes for the
district by general | ||
categories for the next fiscal year. A certified copy
of the | ||
levy ordinance
shall be filed with the county clerk by the last | ||
Tuesday in December
each year.
| ||
In forest preserve districts with a population of less than
| ||
3,000,000, the amount of taxes levied for general corporate | ||
purposes for a
fiscal year may not exceed the rate of .06% of | ||
the value, as equalized or
assessed by the Department of | ||
Revenue, of the taxable property therein. In
addition, in | ||
forest preserve districts having a population of 100,000 or
| ||
more but less than 3,000,000, the board may levy taxes for | ||
constructing,
restoring reconditioning, reconstructing and | ||
acquiring improvements and for
the development of the forests | ||
and lands of such district, the amount of
which tax each fiscal | ||
year shall be extended at a rate not to exceed .025%
of the | ||
assessed value of all taxable property as equalized by the
| ||
Department of Revenue.
| ||
All such taxes and rates are exclusive of the taxes | ||
required for the
payment of the principal of and interest on | ||
bonds, and exclusive of
taxes levied for employees' annuity and | ||
benefit purposes.
| ||
The rate of tax levied for general corporate purposes in a | ||
forest
preserve district may not be increased by virtue of this | ||
amendatory Act of
1977 unless the board first adopts a | ||
resolution authorizing such increase
and publishes notice | ||
thereof in a newspaper having general circulation in
the | ||
district at least once not less than 45 days prior to the | ||
effective
date of the increase. The notice shall include a | ||
statement of (1) the
specific number of voters required to sign | ||
a petition requesting that the
question of the adoption of the | ||
resolution be submitted to the electors of
the district; (2) | ||
the time in which the petition must be filed; and (3) the
date | ||
of the prospective referendum. The Secretary of the district | ||
shall
provide a petition form to any individual requesting one. | ||
If, no later than
30 days after the publication of such notice, | ||
petitions signed by voters
of the district equal to 10% or more | ||
of the registered voters of the district,
as determined by | ||
reference to the number of voters registered at the next
| ||
preceding general election, and residing in the district are | ||
presented to
the board expressing opposition to the increase, | ||
the proposition must first
be certified by the board to the | ||
proper election officials, who shall
submit the proposition to | ||
the legal voters of the district at an election
in accordance | ||
with the general election law and approved by a majority of
| ||
those voting on the proposition.
| ||
The rate of the tax levied for general corporate purposes | ||
in a forest
preserve district may be increased, up to the | ||
maximum rate
identified in this Section, by the Board by a | ||
resolution calling for the
submission of the question of | ||
increasing the rate to the voters of the
district in accordance | ||
with the general election law. The question must be in
| ||
substantially the
following form:
| ||
"Shall (name of district) be authorized to establish | ||
its general corporate
tax rate at
(insert rate) on the | ||
equalized assessed value on
taxable property located | ||
within the district for its general purposes,
including | ||
education, outdoor recreation, maintenance,
operations, | ||
public safety at the forest preserves, trails, and other | ||
properties
of the district (and, optionally, insert any | ||
other lawful purposes or
programs determined by the Board).
| ||
The ballot must have printed on it, but not as part of the | ||
proposition
submitted, the
following: "The approximate impact | ||
of the proposed increase on
the owner of a single-family home | ||
having a market value of (insert value) would
be (insert | ||
amount) in the first year of the increase if the
increase is | ||
fully implemented." The ballot may have printed on it, but not | ||
as
part of the proposition, one or both of the following: "The | ||
last
tax rate extended for the purposes of the district was | ||
(insert rate). The
last
rate increase approved for the purposes | ||
of the district was in
(insert year)." No other information | ||
needs to be included on the ballot.
| ||
The votes must be recorded as "Yes" or "No".
| ||
If a majority of the electors voting on the question vote | ||
in the affirmative,
the district may thereafter levy the tax.
| ||
This Section does not apply to a forest preserve district | ||
established under Section 18.5 of the Conservation District | ||
Act.
| ||
(Source: P.A. 92-103, eff. 7-20-01.)
| ||
(70 ILCS 805/13.1a new)
| ||
Sec. 13.1a. Forest preserve districts created under | ||
Conservation District Act. Notwithstanding any other provision | ||
of law to the contrary, a forest preserve district created | ||
under Section 18.5 of the Conservation District Act shall have | ||
the same powers, duties, and authority as a forest preserve | ||
district created under this Act, except that it shall have the | ||
same bonding and taxing authority as a conservation district | ||
under the Conservation District Act.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||