Public Act 095-0643
 		





HB0405 Enrolled
LRB095 06159 CMK 26253 b






    AN ACT concerning local government.

 
    Be it enacted by the People of the State of Illinois,
 
represented in the General Assembly:


 
    Section 5. The Forest Preserve Zoological Parks Act is 
amended  by changing Section 2 as follows:
 



    (70 ILCS 835/2)  (from Ch. 96 1/2, par. 6802)



    Sec. 2. Zoological park; tax.


    (a) For the purpose of constructing and maintaining and 
caring
for any such zoological park and the buildings and 
grounds thereof and
of securing and displaying zoological 
collections thereon the corporate
authorities of any forest 
preserve district containing a population of
150,000 or more 
but less than 3,000,000 are authorized to levy annually
a tax 
of not to exceed .0058% of value as equalized or assessed by 
the
Department of Revenue, upon all the taxable property in the 
district. ;
provided however, in

    (b) In a forest preserve district located in a county with 
a
population in excess of 140,000 but less than 200,000 and

contiguous to the
Mississippi River, however, the annual tax 
may be at a rate not to exceed 0.06%
.01%.

    (c) This tax shall be levied and collected in the same 
manner
as the general taxes of the forest preserve district and 
shall be in
addition to the maximum of all other taxes and tax 
rates which the
district is now or may hereafter be authorized 
to levy upon the
aggregate valuation of all taxable property 
within the district and
shall be exclusive of and in addition 
to the maximum amount and rate of
taxes the district is now or 
may hereafter be authorized to levy for
general purposes under 
Section 13 of the Downstate Forest Preserve District Act
"An 
Act to provide for the creation
and management of forest 
preserve districts and repealing certain Acts
therein named", 
approved June 27, 1913, as amended, or under any other
law 
which may limit the amount of tax which the district may levy 
for
general purposes.  The proceeds of the tax herein authorized 
shall be kept
as a separate fund.

    (d) A tax in excess of 0.01% may not be levied under 
subsection (b) until the question of levying the tax has been 
submitted to the electors of the forest preserve district at a 
regular election and approved by a majority of the electors 
voting on the question. The District must certify the question 
to the proper election authority, which must submit the 
question at an election in accordance with the Election Code.

    The election authority must submit the question in 
substantially the following form:

        Shall the corporate
authority of the forest preserve 
    district  be authorized to levy a tax at the rate of 0.06% 
    for the purpose of constructing and maintaining and caring

    for any such zoological park and the buildings and grounds 
    thereof and
of securing and displaying zoological 
    collections thereon?

    The election authority must record the votes as "Yes" or 
"No".

    If a majority of the electors voting on the question vote 
in the affirmative, the county may thereafter levy the tax.

(Source: P.A. 92-548, eff. 6-24-02.)


 
    Section 10. The Park District Aquarium and Museum Act is 
amended  by changing Section 2 as follows:
 



    (70 ILCS 1290/2)  (from Ch. 105, par. 327)



    Sec. 2. Maintenance tax - Limitations - Levy and 
collection. Each
board of park commissioners, having control of 
a public park or parks
within which there shall be maintained 
any aquarium or any museum or
museums of art, industry, science 
or natural or other history under the
provisions of this Act, 
is hereby authorized, subject to the provisions
of Section 4 of 
this Act, to levy annually a tax not to exceed .03 per
cent in 
park districts of less than 500,000 population and in districts

of over 500,000 population not to exceed .15 percent of the 
full, fair
cash value, as equalized or assessed by the 
Department
of Revenue of taxable property embraced in said 
district,
according to the valuation of the same as made for 
the purpose of State
and county taxation by the general 
assessment last preceding the time
when such tax hereby 
authorized shall be levied:  Such tax to be for the
purpose of 
establishing, acquiring, completing, erecting, enlarging,

ornamenting, building, rebuilding, rehabilitating, improving, 
operating,
maintaining and caring for such aquarium and museum 
or museums and the
buildings and grounds thereof; and the 
proceeds of such additional tax
shall be kept as a separate 
fund.  Said tax shall be in addition to all
other taxes which 
such board of park commissioners is now or hereafter
may be 
authorized to levy on the aggregate valuation of all taxable

property within the park district.  Said tax shall be levied and

collected in like manner as the general taxes for such parks 
and shall
not be included within any limitation of rate for 
general park purposes
as now or hereafter provided by law but 
shall be excluded therefrom and
be in addition thereto and in 
excess thereof.  Provided, further, that
the foregoing 
limitations upon tax rates, insofar as they are applicable
to 
park districts of less than 500,000 population, may be further

increased or decreased according to the referendum provisions 
of the
General Revenue Law of Illinois.

    Whenever the board of park commissioners of a park district 
of less
than 500,000 population adopts a resolution that it 
shall levy and collect
a tax for the purposes specified in this 
Section in excess of .03 percent
but not to exceed .07 percent 
of the value of taxable property in the
district, the board 
shall cause the resolution to be
published at least once in a 
newspaper of general circulation
within the district.  If there 
is no such newspaper, the resolution shall
be posted in at 
least 3 public places within the district.  The
publication or 
posting of the resolution shall include a notice of (1) the

specific number of electors 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 
within which the petition must be filed;
and (3) the date of 
the prospective referendum.

    The secretary of the park district shall provide a petition 
form to any
individual requesting one.

    Any taxpayer in such district may, within 30 days after the 
first
publication or posting of the resolution, file with the 
secretary of the
park district a petition signed by not less 
than 10 percent or 1,500,
whichever is lesser, of the electors 
of the district requesting that the
following question be 
submitted to the electors of the district:

    "Shall the .... Park District be authorized to levy an

annual tax in excess of .... but not to exceed .... as 
authorized in
Section 2 of "An Act concerning aquariums and 
museums in public parks" for
the purpose of establishing, 
acquiring, completing, erecting, enlarging,
ornamenting,  
building, rebuilding, rehabilitating, improving, operating,

maintaining and caring for such aquariums and museum or museums 
and the
buildings and grounds thereof?"  The secretary of the 
park district shall
certify the proposition to the proper 
election authorities for submission
to the electorate at a 
regular scheduled election in accordance with the
general 
election law.  If a majority of the electors voting on the

proposition vote in favor thereof, such increased tax shall 
thereafter be
authorized; if a majority of the vote is against 
such proposition, the
previous maximum rate shall remain in 
effect until changed by law.

    Whenever the board of park commissioners of a park district 
of a population less than 500,000 adopts a resolution that it 
shall levy and collect a tax for the purposes specified in this 
Section in excess of 0.07% but not to exceed 0.15% of the value 
of taxable property in the district, the board shall cause the 
resolution to be published, at least once, in a newspaper of 
general circulation within the district. If there is no such 
newspaper, the resolution shall be posted in at least 3 public 
places within the district. A tax in excess of 0.07% may not be 
levied under this subsection until the question of levying the 
tax has been submitted to the electors of the park district at 
a regular election and approved by a majority of the electors 
voting on the question. The District must certify the question 
to the proper election authority, which must submit the 
question at an election in accordance with the Election Code. 
The election authority must submit the question in 
substantially the following form:

        "Shall the .... Park District be authorized to levy an

    annual tax in excess of .... but not to exceed .... as 
    authorized in
Section 2 of "An Act concerning aquariums and 
    museums in public parks" for
the purpose of establishing, 
    acquiring, completing, erecting, enlarging,
ornamenting,  
    building, rebuilding, rehabilitating, improving, 
    operating,
maintaining and caring for such aquariums and 
    museum or museums and the
buildings and grounds thereof?".
    If a majority of the electors voting on the proposition 
vote in favor thereof, such increased tax shall thereafter be 
authorized.  If a majority of the electors vote against the 
proposition, the previous maximum rate shall remain in effect 
until changed by law.

(Source: P.A. 86-329.)