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Full Text of HB1024
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HB1024 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1024
Introduced 1/9/2025, by Rep. John M. Cabello
SYNOPSIS AS INTRODUCED:
New Act
Creates the Prohibition of Closed-Door Tax Increases Act. Provides
that a unit of local government may not increase a levied tax without
authorization by referendum of the electors of the unit of local
government. Provides that a referendum to increase a levied tax must
include a sunset clause on which the tax increase authorized by the
referendum measure shall expire. Provides that, if an increase in a levied
tax is intended to generate a cash flow to service a debt, the increase
must sunset no later than the date that the debt is scheduled to be paid
off, and, if an increase in a levied tax is intended to generate a cash
flow that will be spent for purposes other than debt service, the increase
must sunset no later than 10 years after the date on which the tax increase
begins. Provides that, to the extent the Act conflicts with any other
provision of law, the Act controls. Provides that nothing in the Act
infringes upon the right of a unit of local government to impose or
increase nontax fines or fees. Provides that the Department of Revenue
shall adopt rules to enforce the Act. Limits concurrent exercise of home
rule taxing powers.
LRB104 03155 RTM 13176 b
A BILL FOR
HB1024
LRB104 03155 RTM 13176 b
1
AN ACT concerning local government.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 1.
Short title.
This Act may be cited as the
5
Prohibition of Closed-Door Tax Increases Act.
6
Section 5.
Referendums required.
A unit of local
7
government may not increase a levied tax as otherwise provided
8
by law without authorization by referendum of the electors of
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the unit of local government as provided in this Act.
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Section 10.
Sunset of increased taxes.
A referendum to
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increase a levied tax must include a sunset clause on which the
12
tax increase authorized by the referendum measure shall
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expire. If an increase in a levied tax is intended to generate
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a cash flow to service a debt, the increase must sunset no
15
later than the date that the debt is scheduled to be paid off.
16
If an increase in a levied tax is intended to generate a cash
17
flow that will be spent for purposes other than debt service,
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the increase must sunset no later than 10 years after the date
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on which the tax increase begins.
20
Section 15.
Referendum language.
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(a) The governing body of a unit of local government that
HB1024
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LRB104 03155 RTM 13176 b
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wishes to submit a tax increase to the electors of the unit of
2
local government shall submit to the proper election
3
authorities referendum language substantially in the form
4
required under this Section.
5
(b) For a referendum to increase a levied tax to generate a
6
cash flow to service a debt, the referendum must be
7
substantially in the following form: "Shall the (name of the
8
tax) authorized under (statutory or ordinance authority) be
9
increased to (new tax rate) from (old tax rate) on (date of
10
increase) to pay the (description of debt), with the increased
11
rate ending on (the date that the debt is scheduled to be paid
12
off)?"
13
(c) For a referendum to increase a levied tax to generate a
14
cash flow that will be spent for purposes other than debt
15
service, the referendum must be substantially in the following
16
form: "Shall the (name of the tax) authorized under (statutory
17
or ordinance authority) be increased to (new tax rate) from
18
(old tax rate) on (date of increase) for (description of the
19
purpose for the tax increase), with the increased rate ending
20
on (a date no later than 10 years after the date on which the
21
tax increase begins)?"
22
Section 85.
Conflict with other laws; exclusions.
23
(a) To the extent this Act conflicts with any other
24
provision of law, this Act controls.
25
(b) Nothing in this Act infringes upon the right of a unit
HB1024
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LRB104 03155 RTM 13176 b
1
of local government to impose or increase nontax fines or
2
fees.
3
Section 90.
Rules.
The Department of Revenue shall adopt
4
rules to enforce this Act.
5
Section 95.
Home rule.
A home rule unit may not regulate
6
the levy of taxes in a manner inconsistent with this Act. This
7
Act is a limitation under subsections (i) and (g) of Section 6
8
of Article VII of the Illinois Constitution on the concurrent
9
exercise by home rule units of powers and functions exercised
10
by the State.
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