Senate Bill 0076
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DIGEST OF SB76 (Updated February 17, 2009 4:12 pm - DI 84)
Solid waste management districts. Provides that for the first year that a property tax will be imposed by a solid waste management district, the district's board must present identical resolutions to each of the county fiscal bodies within the district seeking approval for the use of the property tax revenue. Provides that a district is subject to the statute that requires an entity with a nonelected board to get county council approval of the entity's proposed property tax levies and budget when the entity's budget is growing faster than the assessed value growth quotient. Provides that if a district will impose property taxes in the following year but is not required to seek county council approval (because the district's budget is growing by less than the assessed value growth quotient), the district's proposed budget and property tax levy for the following year are subject to review and a nonbinding recommendation by the county council. Provides that county council approval of a solid waste management district's initial property tax levy must be made before August 1 (rather than before May 1, under current law). Requires the district's annual budget to be approved by a majority vote of all members of the board. Provides that in the case where all but one of the counties participating in a joint district have withdrawn from the joint district or have been removed from the joint district, the county that did not withdraw or was not removed from the joint district must designate itself as a new county district, join one or more other counties to form a new joint district, or join an existing joint district. Specifies that the following apply if such a county does not join or form a joint district: (1) The county must designate itself as a new county district and shall be treated as a new county district. (2) The district must after a public hearing adopt and submit to the IDEM commissioner for approval a new district solid waste management plan. (3) The district must after a public hearing adopt a new budget for the district. (4) If the district will impose property taxes in the following year, the county fiscal body must approve the use of property taxes. (5) The board of the district shall appoint and convene a new solid waste management advisory committee. Provides that in the case of a joint district from which all but one of the participating counties has withdrawn and from which the last withdrawing county withdrew effective after December 1, 2006, and before January 1, 2009, the county that did not withdraw from the district must take one of these actions before January 1, 2010. Provides that after any county designates itself as a new county district, joins one or more other counties to form a new joint district, or joins an existing joint district, the county district or joint district shall after a public hearing submit a district plan to the IDEM commissioner. Provides that if such a new county district or new joint district will impose property taxes in the following year, each of the county fiscal bodies within the district must approve the use of property taxes by the district. Specifies that a district may impose fees only if the district board holds a public hearing in the immediately preceding calendar year and then approves the fees by a majority vote of all members of the board. Requires consolidation of public hearings if imposition of both property taxes and fees is proposed.
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