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91_SB0958ham001
LRB9106531MWmgam01
1 AMENDMENT TO SENATE BILL 958
2 AMENDMENT NO. . Amend Senate Bill 958 on page 1,
3 lines 2 and 6, by replacing "Section 410/5" each time it
4 appears with "Sections 5, 13, and 15 and by adding Sections
5 12b, 12c, and 12d"; and
6 on page 3, by inserting below line 31 the following:
7 "(70 ILCS 410/12b new)
8 Sec. 12b. Eminent domain or condemnation. Property
9 owned by a conservation district may not be subject to
10 eminent domain or condemnation proceedings.
11 (70 ILCS 410/12c new)
12 Sec. 12c. Special assessments. Property owned by a
13 conservation district may not be subject to special
14 assessments by any other unit of local government.
15 (70 ILCS 410/12d new)
16 Sec. 12d. Annexation. Property owned by a conservation
17 district may not be subject to annexation without the express
18 consent of the district.
19 (70 ILCS 410/13) (from Ch. 96 1/2, par. 7114)
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1 Sec. 13. The fiscal year of each district shall commence
2 April 1 and extend through the following March 31.
3 The board shall, within the first quarter of each fiscal
4 year, adopt a combined annual budget and appropriation
5 ordinance as provided in the Illinois Municipal Budget Law.
6 In a district located entirely within a county with a
7 population of less 300,000 that is contiguous to a county
8 with a population of more than 2,000,000, the district's
9 combined annual budget and appropriation ordinance shall not
10 be considered to be adopted until it is also adopted by
11 resolution of the county board of the county in which the
12 district is located.
13 Except as otherwise provided in this Act, a district may
14 annually levy taxes upon all the taxable property therein at
15 the value thereof, as equalized or assessed by the Department
16 of Revenue, to be extended at not more than the rates and for
17 the purposes specified hereinafter:
18 (1) 0.025% for the general purposes of the
19 district, including acquisition and development of real
20 property which may be in excess of current requirements
21 and allowed to accumulate from year to year, and for any
22 purposes specified by the district; however, no tax may
23 be extended at a rate that will result in accumulation of
24 any amount representing more than 0.075% of the equalized
25 assessed valuation of the district.
26 (2) 0.075% for acquisition of real property, which
27 may be in excess of current requirements and allowed to
28 accumulate from year to year, and for any purposes
29 specified by the district; however, no tax may be
30 extended at a rate that will result in accumulation of
31 any amount representing more than 0.25% of the equalized
32 assessed valuation of the district.
33 (3) 0.1%, in lieu of the two rates specified in (1)
34 and (2) above, for the general purposes of the district,
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1 including the acquisition, development, operation and
2 maintenance of real property which may be in excess of
3 current requirements and allowed to accumulate from year
4 to year, and for any purposes specified by the district;
5 however, no tax may be extended at a rate that will
6 result in accumulation of any amount representing more
7 than 0.325% of the equalized assessed valuation of the
8 district.
9 Except as provided in some other Act, a district may not
10 levy annual taxes, for all its purposes in the aggregate, in
11 excess of 0.1% of the value, as equalized or assessed by the
12 Department of Revenue, of the taxable property therein.
13 After the adoption of the combined budget and
14 appropriation ordinance and within the second quarter of each
15 fiscal year, the board shall ascertain the total amount of
16 the appropriations legally made which are to be provided for
17 from tax levies for the current year. Then, by an ordinance
18 specifying in detail the purposes for which such
19 appropriations have been made and the amounts appropriated
20 for such purposes, the board shall levy not to exceed the
21 total amount so ascertained upon all the property subject to
22 taxation within the district as the same is assessed and
23 equalized for state and county purposes for the current year.
24 A certified copy of such ordinance shall be filed on or
25 before the first Tuesday in October with the clerk of each
26 county wherein the district or any part thereof is located.
27 (Source: P.A. 85-715; 86-1297.)
28 (70 ILCS 410/15) (from Ch. 96 1/2, par. 7116)
29 Sec. 15. (a) Whenever a district does not have
30 sufficient money in its treasury to meet all necessary
31 expenses and liabilities thereof, it may issue tax
32 anticipation warrants. Such issue of tax anticipation
33 warrants shall be subject to the provisions of Section 2 of
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1 "An Act to provide for the manner of issuing warrants upon
2 the treasurer of the State or of any county, township, or
3 other municipal corporation or quasi municipal corporation,
4 or of any farm drainage district, river district, drainage
5 and levee district, fire protection district and jurors'
6 certificates", approved June 27, 1913, as now and hereafter
7 amended.
8 (b) For the purpose of acquisition of real property, or
9 rights thereto, a district may incur indebtedness and, as
10 evidence of the indebtedness thus created, may issue and sell
11 bonds without first obtaining the consent of the legal voters
12 of the district.
13 (c) For the purpose of development of real property, a
14 district may incur indebtedness and, as evidence of the
15 indebtedness thus created, may issue and sell bonds only
16 after the proposition to issue bonds has been submitted to
17 the legal voters of the district at an election and has been
18 approved by a majority of those voting on the proposition.
19 Such election is subject to Section 15.1 of this Act.
20 (d) No district shall become indebted in any manner or
21 for any purpose, to any amount including existing
22 indebtedness in the aggregate exceeding 0.575% of the value,
23 as equalized or assessed by the Department of Revenue, of the
24 taxable property therein; except that a district entirely
25 within a county of under 300,000 200,000 inhabitants and
26 contiguous to a county of more than 2,000,000 inhabitants may
27 incur indebtedness, including existing indebtedness, in the
28 aggregate not exceeding 1.725% of that value if the aggregate
29 indebtedness over 0.575% is submitted to the legal voters of
30 the district at an election and is approved by a majority of
31 those voting on the proposition as provided in Section 15.1.
32 (e) Before or at the time of issuing bonds for
33 acquisition or development of real property, the district
34 shall provide by ordinance for the collection of an annual
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1 tax, in addition to all other taxes authorized by this act,
2 sufficient to pay such bonds and the interest thereon as the
3 same respectively become due. Such bonds shall be divided
4 into series, the first of which shall mature not later than 5
5 years after the date of issue and the last of which shall
6 mature not later than 20 years after the date of issue; shall
7 bear interest at a rate or rates not exceeding the maximum
8 rate permitted in "An Act to authorize public corporations to
9 issue bonds, other evidences of indebtedness and tax
10 anticipation warrants subject to interest rate limitations
11 set forth therein", approved May 26, 1970, as now or
12 hereafter amended; shall be in such form as the district
13 shall by resolution provide and shall be payable as to both
14 principal and interest from the proceeds of the annual levy
15 of taxes authorized to be levied by this Section, or so much
16 thereof as will be sufficient to pay the principal thereof
17 and the interest thereon. Prior to the authorization and
18 issuance of such bonds the district may, with or without
19 notice, negotiate and enter into an agreement or agreements
20 with any bank, investment banker, trust company or insurance
21 company or group thereof whereunder the marketing of such
22 bonds may be assured and consummated. The proceeds of such
23 bonds shall be deposited in a special fund, to be kept
24 separate and apart from all other funds of the conservation
25 district.
26 (Source: P.A. 86-785.)
27 Section 99. Effective date. This Act takes effect upon
28 becoming law.".