SB3002 - 104th General Assembly
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| 1 | AN ACT concerning revenue. | |||||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||||
| 4 | Section 5. The Property Tax Code is amended by changing | |||||||||||||||||||||
| 5 | Section 18-185 and by adding Section 18-190.3 as follows: | |||||||||||||||||||||
| 6 | (35 ILCS 200/18-185) | |||||||||||||||||||||
| 7 | Sec. 18-185. Short title; definitions. This Division 5 | |||||||||||||||||||||
| 8 | may be cited as the Property Tax Extension Limitation Law. As | |||||||||||||||||||||
| 9 | used in this Division 5: | |||||||||||||||||||||
| 10 | "Consumer Price Index" means the Consumer Price Index for | |||||||||||||||||||||
| 11 | All Urban Consumers for all items published by the United | |||||||||||||||||||||
| 12 | States Department of Labor. | |||||||||||||||||||||
| 13 | "Extension limitation" means (a) the lesser of 5% or the | |||||||||||||||||||||
| 14 | percentage increase in the Consumer Price Index during the | |||||||||||||||||||||
| 15 | 12-month calendar year preceding the levy year or (b) the rate | |||||||||||||||||||||
| 16 | of increase approved by voters under Section 18-205. | |||||||||||||||||||||
| 17 | "Affected county" means a county of 3,000,000 or more | |||||||||||||||||||||
| 18 | inhabitants or a county contiguous to a county of 3,000,000 or | |||||||||||||||||||||
| 19 | more inhabitants. | |||||||||||||||||||||
| 20 | "Taxing district" has the same meaning provided in Section | |||||||||||||||||||||
| 21 | 1-150, except as otherwise provided in this Section. For the | |||||||||||||||||||||
| 22 | 1991 through 1994 levy years only, "taxing district" includes | |||||||||||||||||||||
| 23 | only each non-home rule taxing district having the majority of | |||||||||||||||||||||
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| 1 | its 1990 equalized assessed value within any county or | ||||||
| 2 | counties contiguous to a county with 3,000,000 or more | ||||||
| 3 | inhabitants. Beginning with the 1995 levy year, "taxing | ||||||
| 4 | district" includes only each non-home rule taxing district | ||||||
| 5 | subject to this Law before the 1995 levy year and each non-home | ||||||
| 6 | rule taxing district not subject to this Law before the 1995 | ||||||
| 7 | levy year having the majority of its 1994 equalized assessed | ||||||
| 8 | value in an affected county or counties. Beginning with the | ||||||
| 9 | levy year in which this Law becomes applicable to a taxing | ||||||
| 10 | district as provided in Section 18-213, "taxing district" also | ||||||
| 11 | includes those taxing districts made subject to this Law as | ||||||
| 12 | provided in Section 18-213. | ||||||
| 13 | "Aggregate extension" for taxing districts to which this | ||||||
| 14 | Law applied before the 1995 levy year means the annual | ||||||
| 15 | corporate extension for the taxing district and those special | ||||||
| 16 | purpose extensions that are made annually for the taxing | ||||||
| 17 | district, excluding special purpose extensions: (a) made for | ||||||
| 18 | the taxing district to pay interest or principal on general | ||||||
| 19 | obligation bonds that were approved by referendum; (b) made | ||||||
| 20 | for any taxing district to pay interest or principal on | ||||||
| 21 | general obligation bonds issued before October 1, 1991; (c) | ||||||
| 22 | made for any taxing district to pay interest or principal on | ||||||
| 23 | bonds issued to refund or continue to refund those bonds | ||||||
| 24 | issued before October 1, 1991; (d) made for any taxing | ||||||
| 25 | district to pay interest or principal on bonds issued to | ||||||
| 26 | refund or continue to refund bonds issued after October 1, | ||||||
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| 1 | 1991 that were approved by referendum; (e) made for any taxing | ||||||
| 2 | district to pay interest or principal on revenue bonds issued | ||||||
| 3 | before October 1, 1991 for payment of which a property tax levy | ||||||
| 4 | or the full faith and credit of the unit of local government is | ||||||
| 5 | pledged; however, a tax for the payment of interest or | ||||||
| 6 | principal on those bonds shall be made only after the | ||||||
| 7 | governing body of the unit of local government finds that all | ||||||
| 8 | other sources for payment are insufficient to make those | ||||||
| 9 | payments; (f) made for payments under a building commission | ||||||
| 10 | lease when the lease payments are for the retirement of bonds | ||||||
| 11 | issued by the commission before October 1, 1991, to pay for the | ||||||
| 12 | building project; (g) made for payments due under installment | ||||||
| 13 | contracts entered into before October 1, 1991; (h) made for | ||||||
| 14 | payments of principal and interest on bonds issued under the | ||||||
| 15 | Metropolitan Water Reclamation District Act to finance | ||||||
| 16 | construction projects initiated before October 1, 1991; (i) | ||||||
| 17 | made for payments of principal and interest on limited bonds, | ||||||
| 18 | as defined in Section 3 of the Local Government Debt Reform | ||||||
| 19 | Act, in an amount not to exceed the debt service extension base | ||||||
| 20 | less the amount in items (b), (c), (e), and (h) of this | ||||||
| 21 | definition for non-referendum obligations, except obligations | ||||||
| 22 | initially issued pursuant to referendum; (j) made for payments | ||||||
| 23 | of principal and interest on bonds issued under Section 15 of | ||||||
| 24 | the Local Government Debt Reform Act; (k) made by a school | ||||||
| 25 | district that participates in the Special Education District | ||||||
| 26 | of Lake County, created by special education joint agreement | ||||||
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| 1 | under Section 10-22.31 of the School Code, for payment of the | ||||||
| 2 | school district's share of the amounts required to be | ||||||
| 3 | contributed by the Special Education District of Lake County | ||||||
| 4 | to the Illinois Municipal Retirement Fund under Article 7 of | ||||||
| 5 | the Illinois Pension Code; the amount of any extension under | ||||||
| 6 | this item (k) shall be certified by the school district to the | ||||||
| 7 | county clerk; (l) made to fund expenses of providing joint | ||||||
| 8 | recreational programs for persons with disabilities under | ||||||
| 9 | Section 5-8 of the Park District Code or Section 11-95-14 of | ||||||
| 10 | the Illinois Municipal Code; (m) made for temporary relocation | ||||||
| 11 | loan repayment purposes pursuant to Sections 2-3.77 and | ||||||
| 12 | 17-2.2d of the School Code; (n) made for payment of principal | ||||||
| 13 | and interest on any bonds issued under the authority of | ||||||
| 14 | Section 17-2.2d of the School Code; (o) made for contributions | ||||||
| 15 | to a firefighter's pension fund created under Article 4 of the | ||||||
| 16 | Illinois Pension Code, to the extent of the amount certified | ||||||
| 17 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
| 18 | (p) made for road purposes in the first year after a township | ||||||
| 19 | assumes the rights, powers, duties, assets, property, | ||||||
| 20 | liabilities, obligations, and responsibilities of a road | ||||||
| 21 | district abolished under the provisions of Section 6-133 of | ||||||
| 22 | the Illinois Highway Code; (q) made under Section 4 of the | ||||||
| 23 | Community Mental Health Act to provide the necessary funds or | ||||||
| 24 | to supplement existing funds for community mental health | ||||||
| 25 | facilities and services, including facilities and services for | ||||||
| 26 | the person with a developmental disability or a substance use | ||||||
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| 1 | disorder; and (r) made for the payment of principal and | ||||||
| 2 | interest on any bonds issued under the authority of Section | ||||||
| 3 | 17-2.11 of the School Code or to refund or continue to refund | ||||||
| 4 | those bonds. | ||||||
| 5 | "Aggregate extension" for the taxing districts to which | ||||||
| 6 | this Law did not apply before the 1995 levy year (except taxing | ||||||
| 7 | districts subject to this Law in accordance with Section | ||||||
| 8 | 18-213) means the annual corporate extension for the taxing | ||||||
| 9 | district and those special purpose extensions that are made | ||||||
| 10 | annually for the taxing district, excluding special purpose | ||||||
| 11 | extensions: (a) made for the taxing district to pay interest | ||||||
| 12 | or principal on general obligation bonds that were approved by | ||||||
| 13 | referendum; (b) made for any taxing district to pay interest | ||||||
| 14 | or principal on general obligation bonds issued before March | ||||||
| 15 | 1, 1995; (c) made for any taxing district to pay interest or | ||||||
| 16 | principal on bonds issued to refund or continue to refund | ||||||
| 17 | those bonds issued before March 1, 1995; (d) made for any | ||||||
| 18 | taxing district to pay interest or principal on bonds issued | ||||||
| 19 | to refund or continue to refund bonds issued after March 1, | ||||||
| 20 | 1995 that were approved by referendum; (e) made for any taxing | ||||||
| 21 | district to pay interest or principal on revenue bonds issued | ||||||
| 22 | before March 1, 1995 for payment of which a property tax levy | ||||||
| 23 | or the full faith and credit of the unit of local government is | ||||||
| 24 | pledged; however, a tax for the payment of interest or | ||||||
| 25 | principal on those bonds shall be made only after the | ||||||
| 26 | governing body of the unit of local government finds that all | ||||||
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| 1 | other sources for payment are insufficient to make those | ||||||
| 2 | payments; (f) made for payments under a building commission | ||||||
| 3 | lease when the lease payments are for the retirement of bonds | ||||||
| 4 | issued by the commission before March 1, 1995 to pay for the | ||||||
| 5 | building project; (g) made for payments due under installment | ||||||
| 6 | contracts entered into before March 1, 1995; (h) made for | ||||||
| 7 | payments of principal and interest on bonds issued under the | ||||||
| 8 | Metropolitan Water Reclamation District Act to finance | ||||||
| 9 | construction projects initiated before October 1, 1991; (h-4) | ||||||
| 10 | made for stormwater management purposes by the Metropolitan | ||||||
| 11 | Water Reclamation District of Greater Chicago under Section 12 | ||||||
| 12 | of the Metropolitan Water Reclamation District Act; (h-8) made | ||||||
| 13 | for payments of principal and interest on bonds issued under | ||||||
| 14 | Section 9.6a of the Metropolitan Water Reclamation District | ||||||
| 15 | Act to make contributions to the pension fund established | ||||||
| 16 | under Article 13 of the Illinois Pension Code; (i) made for | ||||||
| 17 | payments of principal and interest on limited bonds, as | ||||||
| 18 | defined in Section 3 of the Local Government Debt Reform Act, | ||||||
| 19 | in an amount not to exceed the debt service extension base less | ||||||
| 20 | the amount in items (b), (c), and (e) of this definition for | ||||||
| 21 | non-referendum obligations, except obligations initially | ||||||
| 22 | issued pursuant to referendum and bonds described in | ||||||
| 23 | subsections (h) and (h-8) of this definition; (j) made for | ||||||
| 24 | payments of principal and interest on bonds issued under | ||||||
| 25 | Section 15 of the Local Government Debt Reform Act; (k) made | ||||||
| 26 | for payments of principal and interest on bonds authorized by | ||||||
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| 1 | Public Act 88-503 and issued under Section 20a of the Chicago | ||||||
| 2 | Park District Act for aquarium or museum projects and bonds | ||||||
| 3 | issued under Section 20a of the Chicago Park District Act for | ||||||
| 4 | the purpose of making contributions to the pension fund | ||||||
| 5 | established under Article 12 of the Illinois Pension Code; (l) | ||||||
| 6 | made for payments of principal and interest on bonds | ||||||
| 7 | authorized by Public Act 87-1191 or 93-601 and (i) issued | ||||||
| 8 | pursuant to Section 21.2 of the Cook County Forest Preserve | ||||||
| 9 | District Act, (ii) issued under Section 42 of the Cook County | ||||||
| 10 | Forest Preserve District Act for zoological park projects, or | ||||||
| 11 | (iii) issued under Section 44.1 of the Cook County Forest | ||||||
| 12 | Preserve District Act for botanical gardens projects; (m) made | ||||||
| 13 | pursuant to Section 34-53.5 of the School Code, whether levied | ||||||
| 14 | annually or not; (n) made to fund expenses of providing joint | ||||||
| 15 | recreational programs for persons with disabilities under | ||||||
| 16 | Section 5-8 of the Park District Code or Section 11-95-14 of | ||||||
| 17 | the Illinois Municipal Code; (o) made by the Chicago Park | ||||||
| 18 | District for recreational programs for persons with | ||||||
| 19 | disabilities under subsection (c) of Section 7.06 of the | ||||||
| 20 | Chicago Park District Act; (p) made for contributions to a | ||||||
| 21 | firefighter's pension fund created under Article 4 of the | ||||||
| 22 | Illinois Pension Code, to the extent of the amount certified | ||||||
| 23 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
| 24 | (q) made by Ford Heights School District 169 under Section | ||||||
| 25 | 17-9.02 of the School Code; (r) made for the purpose of making | ||||||
| 26 | employer contributions to the Public School Teachers' Pension | ||||||
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| 1 | and Retirement Fund of Chicago under Section 34-53 of the | ||||||
| 2 | School Code; (s) made under Section 4 of the Community Mental | ||||||
| 3 | Health Act to provide the necessary funds or to supplement | ||||||
| 4 | existing funds for community mental health facilities and | ||||||
| 5 | services, including facilities and services for the person | ||||||
| 6 | with a developmental disability or a substance use disorder; | ||||||
| 7 | and (t) made for the payment of principal and interest on any | ||||||
| 8 | bonds issued under the authority of Section 17-2.11 of the | ||||||
| 9 | School Code or to refund or continue to refund those bonds. | ||||||
| 10 | "Aggregate extension" for all taxing districts to which | ||||||
| 11 | this Law applies in accordance with Section 18-213, except for | ||||||
| 12 | those taxing districts subject to paragraph (2) of subsection | ||||||
| 13 | (e) of Section 18-213, means the annual corporate extension | ||||||
| 14 | for the taxing district and those special purpose extensions | ||||||
| 15 | that are made annually for the taxing district, excluding | ||||||
| 16 | special purpose extensions: (a) made for the taxing district | ||||||
| 17 | to pay interest or principal on general obligation bonds that | ||||||
| 18 | were approved by referendum; (b) made for any taxing district | ||||||
| 19 | to pay interest or principal on general obligation bonds | ||||||
| 20 | issued before the date on which the referendum making this Law | ||||||
| 21 | applicable to the taxing district is held; (c) made for any | ||||||
| 22 | taxing district to pay interest or principal on bonds issued | ||||||
| 23 | to refund or continue to refund those bonds issued before the | ||||||
| 24 | date on which the referendum making this Law applicable to the | ||||||
| 25 | taxing district is held; (d) made for any taxing district to | ||||||
| 26 | pay interest or principal on bonds issued to refund or | ||||||
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| 1 | continue to refund bonds issued after the date on which the | ||||||
| 2 | referendum making this Law applicable to the taxing district | ||||||
| 3 | is held if the bonds were approved by referendum after the date | ||||||
| 4 | on which the referendum making this Law applicable to the | ||||||
| 5 | taxing district is held; (e) made for any taxing district to | ||||||
| 6 | pay interest or principal on revenue bonds issued before the | ||||||
| 7 | date on which the referendum making this Law applicable to the | ||||||
| 8 | taxing district is held for payment of which a property tax | ||||||
| 9 | levy or the full faith and credit of the unit of local | ||||||
| 10 | government is pledged; however, a tax for the payment of | ||||||
| 11 | interest or principal on those bonds shall be made only after | ||||||
| 12 | the governing body of the unit of local government finds that | ||||||
| 13 | all other sources for payment are insufficient to make those | ||||||
| 14 | payments; (f) made for payments under a building commission | ||||||
| 15 | lease when the lease payments are for the retirement of bonds | ||||||
| 16 | issued by the commission before the date on which the | ||||||
| 17 | referendum making this Law applicable to the taxing district | ||||||
| 18 | is held to pay for the building project; (g) made for payments | ||||||
| 19 | due under installment contracts entered into before the date | ||||||
| 20 | on which the referendum making this Law applicable to the | ||||||
| 21 | taxing district is held; (h) made for payments of principal | ||||||
| 22 | and interest on limited bonds, as defined in Section 3 of the | ||||||
| 23 | Local Government Debt Reform Act, in an amount not to exceed | ||||||
| 24 | the debt service extension base less the amount in items (b), | ||||||
| 25 | (c), and (e) of this definition for non-referendum | ||||||
| 26 | obligations, except obligations initially issued pursuant to | ||||||
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| 1 | referendum; (i) made for payments of principal and interest on | ||||||
| 2 | bonds issued under Section 15 of the Local Government Debt | ||||||
| 3 | Reform Act; (j) made for a qualified airport authority to pay | ||||||
| 4 | interest or principal on general obligation bonds issued for | ||||||
| 5 | the purpose of paying obligations due under, or financing | ||||||
| 6 | airport facilities required to be acquired, constructed, | ||||||
| 7 | installed or equipped pursuant to, contracts entered into | ||||||
| 8 | before March 1, 1996 (but not including any amendments to such | ||||||
| 9 | a contract taking effect on or after that date); (k) made to | ||||||
| 10 | fund expenses of providing joint recreational programs for | ||||||
| 11 | persons with disabilities under Section 5-8 of the Park | ||||||
| 12 | District Code or Section 11-95-14 of the Illinois Municipal | ||||||
| 13 | Code; (l) made for contributions to a firefighter's pension | ||||||
| 14 | fund created under Article 4 of the Illinois Pension Code, to | ||||||
| 15 | the extent of the amount certified under item (5) of Section | ||||||
| 16 | 4-134 of the Illinois Pension Code; (m) made for the taxing | ||||||
| 17 | district to pay interest or principal on general obligation | ||||||
| 18 | bonds issued pursuant to Section 19-3.10 of the School Code; | ||||||
| 19 | (n) made under Section 4 of the Community Mental Health Act to | ||||||
| 20 | provide the necessary funds or to supplement existing funds | ||||||
| 21 | for community mental health facilities and services, including | ||||||
| 22 | facilities and services for the person with a developmental | ||||||
| 23 | disability or a substance use disorder; and (o) made for the | ||||||
| 24 | payment of principal and interest on any bonds issued under | ||||||
| 25 | the authority of Section 17-2.11 of the School Code or to | ||||||
| 26 | refund or continue to refund those bonds. | ||||||
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| 1 | "Aggregate extension" for all taxing districts to which | ||||||
| 2 | this Law applies in accordance with paragraph (2) of | ||||||
| 3 | subsection (e) of Section 18-213 means the annual corporate | ||||||
| 4 | extension for the taxing district and those special purpose | ||||||
| 5 | extensions that are made annually for the taxing district, | ||||||
| 6 | excluding special purpose extensions: (a) made for the taxing | ||||||
| 7 | district to pay interest or principal on general obligation | ||||||
| 8 | bonds that were approved by referendum; (b) made for any | ||||||
| 9 | taxing district to pay interest or principal on general | ||||||
| 10 | obligation bonds issued before March 7, 1997 (the effective | ||||||
| 11 | date of Public Act 89-718); (c) made for any taxing district to | ||||||
| 12 | pay interest or principal on bonds issued to refund or | ||||||
| 13 | continue to refund those bonds issued before March 7, 1997 | ||||||
| 14 | (the effective date of Public Act 89-718); (d) made for any | ||||||
| 15 | taxing district to pay interest or principal on bonds issued | ||||||
| 16 | to refund or continue to refund bonds issued after March 7, | ||||||
| 17 | 1997 (the effective date of Public Act 89-718) if the bonds | ||||||
| 18 | were approved by referendum after March 7, 1997 (the effective | ||||||
| 19 | date of Public Act 89-718); (e) made for any taxing district to | ||||||
| 20 | pay interest or principal on revenue bonds issued before March | ||||||
| 21 | 7, 1997 (the effective date of Public Act 89-718) for payment | ||||||
| 22 | of which a property tax levy or the full faith and credit of | ||||||
| 23 | the unit of local government is pledged; however, a tax for the | ||||||
| 24 | payment of interest or principal on those bonds shall be made | ||||||
| 25 | only after the governing body of the unit of local government | ||||||
| 26 | finds that all other sources for payment are insufficient to | ||||||
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| 1 | make those payments; (f) made for payments under a building | ||||||
| 2 | commission lease when the lease payments are for the | ||||||
| 3 | retirement of bonds issued by the commission before March 7, | ||||||
| 4 | 1997 (the effective date of Public Act 89-718) to pay for the | ||||||
| 5 | building project; (g) made for payments due under installment | ||||||
| 6 | contracts entered into before March 7, 1997 (the effective | ||||||
| 7 | date of Public Act 89-718); (h) made for payments of principal | ||||||
| 8 | and interest on limited bonds, as defined in Section 3 of the | ||||||
| 9 | Local Government Debt Reform Act, in an amount not to exceed | ||||||
| 10 | the debt service extension base less the amount in items (b), | ||||||
| 11 | (c), and (e) of this definition for non-referendum | ||||||
| 12 | obligations, except obligations initially issued pursuant to | ||||||
| 13 | referendum; (i) made for payments of principal and interest on | ||||||
| 14 | bonds issued under Section 15 of the Local Government Debt | ||||||
| 15 | Reform Act; (j) made for a qualified airport authority to pay | ||||||
| 16 | interest or principal on general obligation bonds issued for | ||||||
| 17 | the purpose of paying obligations due under, or financing | ||||||
| 18 | airport facilities required to be acquired, constructed, | ||||||
| 19 | installed or equipped pursuant to, contracts entered into | ||||||
| 20 | before March 1, 1996 (but not including any amendments to such | ||||||
| 21 | a contract taking effect on or after that date); (k) made to | ||||||
| 22 | fund expenses of providing joint recreational programs for | ||||||
| 23 | persons with disabilities under Section 5-8 of the Park | ||||||
| 24 | District Code or Section 11-95-14 of the Illinois Municipal | ||||||
| 25 | Code; (l) made for contributions to a firefighter's pension | ||||||
| 26 | fund created under Article 4 of the Illinois Pension Code, to | ||||||
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| 1 | the extent of the amount certified under item (5) of Section | ||||||
| 2 | 4-134 of the Illinois Pension Code; (m) made under Section 4 of | ||||||
| 3 | the Community Mental Health Act to provide the necessary funds | ||||||
| 4 | or to supplement existing funds for community mental health | ||||||
| 5 | facilities and services, including facilities and services for | ||||||
| 6 | the person with a developmental disability or a substance use | ||||||
| 7 | disorder; and (n) made for the payment of principal and | ||||||
| 8 | interest on any bonds issued under the authority of Section | ||||||
| 9 | 17-2.11 of the School Code or to refund or continue to refund | ||||||
| 10 | those bonds. | ||||||
| 11 | "Debt service extension base" means an amount equal to | ||||||
| 12 | that portion of the extension for a taxing district for the | ||||||
| 13 | 1994 levy year, or for those taxing districts subject to this | ||||||
| 14 | Law in accordance with Section 18-213, except for those | ||||||
| 15 | subject to paragraph (2) of subsection (e) of Section 18-213, | ||||||
| 16 | for the levy year in which the referendum making this Law | ||||||
| 17 | applicable to the taxing district is held, or for those taxing | ||||||
| 18 | districts subject to this Law in accordance with paragraph (2) | ||||||
| 19 | of subsection (e) of Section 18-213 for the 1996 levy year, | ||||||
| 20 | constituting an extension for payment of principal and | ||||||
| 21 | interest on bonds issued by the taxing district without | ||||||
| 22 | referendum, but not including excluded non-referendum bonds. | ||||||
| 23 | For park districts (i) that were first subject to this Law in | ||||||
| 24 | 1991 or 1995 and (ii) whose extension for the 1994 levy year | ||||||
| 25 | for the payment of principal and interest on bonds issued by | ||||||
| 26 | the park district without referendum (but not including | ||||||
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| 1 | excluded non-referendum bonds) was less than 51% of the amount | ||||||
| 2 | for the 1991 levy year constituting an extension for payment | ||||||
| 3 | of principal and interest on bonds issued by the park district | ||||||
| 4 | without referendum (but not including excluded non-referendum | ||||||
| 5 | bonds), "debt service extension base" means an amount equal to | ||||||
| 6 | that portion of the extension for the 1991 levy year | ||||||
| 7 | constituting an extension for payment of principal and | ||||||
| 8 | interest on bonds issued by the park district without | ||||||
| 9 | referendum (but not including excluded non-referendum bonds). | ||||||
| 10 | A debt service extension base established or increased at any | ||||||
| 11 | time pursuant to any provision of this Law, except Section | ||||||
| 12 | 18-212, shall be increased each year commencing with the later | ||||||
| 13 | of (i) the 2009 levy year or (ii) the first levy year in which | ||||||
| 14 | this Law becomes applicable to the taxing district, by the | ||||||
| 15 | lesser of 5% or the percentage increase in the Consumer Price | ||||||
| 16 | Index during the 12-month calendar year preceding the levy | ||||||
| 17 | year. The debt service extension base may be established or | ||||||
| 18 | increased as provided under Section 18-212. "Excluded | ||||||
| 19 | non-referendum bonds" means (i) bonds authorized by Public Act | ||||||
| 20 | 88-503 and issued under Section 20a of the Chicago Park | ||||||
| 21 | District Act for aquarium and museum projects; (ii) bonds | ||||||
| 22 | issued under Section 15 of the Local Government Debt Reform | ||||||
| 23 | Act; or (iii) refunding obligations issued to refund or to | ||||||
| 24 | continue to refund obligations initially issued pursuant to | ||||||
| 25 | referendum. | ||||||
| 26 | "Special purpose extensions" include, but are not limited | ||||||
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| 1 | to, extensions for levies made on an annual basis for | ||||||
| 2 | unemployment and workers' compensation, self-insurance, | ||||||
| 3 | contributions to pension plans, and extensions made pursuant | ||||||
| 4 | to Section 6-601 of the Illinois Highway Code for a road | ||||||
| 5 | district's permanent road fund whether levied annually or not. | ||||||
| 6 | The extension for a special service area is not included in the | ||||||
| 7 | aggregate extension. | ||||||
| 8 | "Aggregate extension base" means the taxing district's | ||||||
| 9 | last preceding aggregate extension as adjusted under Sections | ||||||
| 10 | 18-135, 18-215, 18-230, 18-206, and 18-233. Beginning with | ||||||
| 11 | levy year 2022, for taxing districts that are specified in | ||||||
| 12 | Section 18-190.7, the taxing district's aggregate extension | ||||||
| 13 | base shall be calculated as provided in Section 18-190.7. An | ||||||
| 14 | adjustment under Section 18-135 shall be made for the 2007 | ||||||
| 15 | levy year and all subsequent levy years whenever one or more | ||||||
| 16 | counties within which a taxing district is located (i) used | ||||||
| 17 | estimated valuations or rates when extending taxes in the | ||||||
| 18 | taxing district for the last preceding levy year that resulted | ||||||
| 19 | in the over or under extension of taxes, or (ii) increased or | ||||||
| 20 | decreased the tax extension for the last preceding levy year | ||||||
| 21 | as required by Section 18-135(c). Whenever an adjustment is | ||||||
| 22 | required under Section 18-135, the aggregate extension base of | ||||||
| 23 | the taxing district shall be equal to the amount that the | ||||||
| 24 | aggregate extension of the taxing district would have been for | ||||||
| 25 | the last preceding levy year if either or both (i) actual, | ||||||
| 26 | rather than estimated, valuations or rates had been used to | ||||||
| |||||||
| |||||||
| 1 | calculate the extension of taxes for the last levy year, or | ||||||
| 2 | (ii) the tax extension for the last preceding levy year had not | ||||||
| 3 | been adjusted as required by subsection (c) of Section 18-135. | ||||||
| 4 | Notwithstanding any other provision of law, for levy year | ||||||
| 5 | 2012, the aggregate extension base for West Northfield School | ||||||
| 6 | District No. 31 in Cook County shall be $12,654,592. | ||||||
| 7 | Notwithstanding any other provision of law, for the | ||||||
| 8 | purpose of calculating the limiting rate for levy year 2023, | ||||||
| 9 | the last preceding aggregate extension base for Homewood | ||||||
| 10 | School District No. 153 in Cook County shall be $19,535,377. | ||||||
| 11 | Notwithstanding any other provision of law, for levy year | ||||||
| 12 | 2022, the aggregate extension base of a home equity assurance | ||||||
| 13 | program that levied at least $1,000,000 in property taxes in | ||||||
| 14 | levy year 2019 or 2020 under the Home Equity Assurance Act | ||||||
| 15 | shall be the amount that the program's aggregate extension | ||||||
| 16 | base for levy year 2021 would have been if the program had | ||||||
| 17 | levied a property tax for levy year 2021. | ||||||
| 18 | "Levy year" has the same meaning as "year" under Section | ||||||
| 19 | 1-155. | ||||||
| 20 | "New property" means (i) the assessed value, after final | ||||||
| 21 | board of review or board of appeals action, of new | ||||||
| 22 | improvements or additions to existing improvements on any | ||||||
| 23 | parcel of real property that increase the assessed value of | ||||||
| 24 | that real property during the levy year multiplied by the | ||||||
| 25 | equalization factor issued by the Department under Section | ||||||
| 26 | 17-30, (ii) the assessed value, after final board of review or | ||||||
| |||||||
| |||||||
| 1 | board of appeals action, of real property not exempt from real | ||||||
| 2 | estate taxation, which real property was exempt from real | ||||||
| 3 | estate taxation for any portion of the immediately preceding | ||||||
| 4 | levy year, multiplied by the equalization factor issued by the | ||||||
| 5 | Department under Section 17-30, including the assessed value, | ||||||
| 6 | upon final stabilization of occupancy after new construction | ||||||
| 7 | is complete, of any real property located within the | ||||||
| 8 | boundaries of an otherwise or previously exempt military | ||||||
| 9 | reservation that is intended for residential use and owned by | ||||||
| 10 | or leased to a private corporation or other entity, (iii) in | ||||||
| 11 | counties that classify in accordance with Section 4 of Article | ||||||
| 12 | IX of the Illinois Constitution, an incentive property's | ||||||
| 13 | additional assessed value resulting from a scheduled increase | ||||||
| 14 | in the level of assessment as applied to the first year final | ||||||
| 15 | board of review market value, and (iv) any increase in | ||||||
| 16 | assessed value due to oil or gas production from an oil or gas | ||||||
| 17 | well required to be permitted under the Hydraulic Fracturing | ||||||
| 18 | Regulatory Act that was not produced in or accounted for | ||||||
| 19 | during the previous levy year. In addition, the county clerk | ||||||
| 20 | in a county containing a population of 3,000,000 or more shall | ||||||
| 21 | include in the 1997 recovered tax increment value for any | ||||||
| 22 | school district, any recovered tax increment value that was | ||||||
| 23 | applicable to the 1995 tax year calculations. | ||||||
| 24 | "Qualified airport authority" means an airport authority | ||||||
| 25 | organized under the Airport Authorities Act and located in a | ||||||
| 26 | county bordering on the State of Wisconsin and having a | ||||||
| |||||||
| |||||||
| 1 | population in excess of 200,000 and not greater than 500,000. | ||||||
| 2 | "Recovered tax increment value" means, except as otherwise | ||||||
| 3 | provided in this paragraph, the amount of the current year's | ||||||
| 4 | equalized assessed value, in the first year after a | ||||||
| 5 | municipality terminates the designation of an area as a | ||||||
| 6 | redevelopment project area previously established under the | ||||||
| 7 | Tax Increment Allocation Redevelopment Act in the Illinois | ||||||
| 8 | Municipal Code, previously established under the Industrial | ||||||
| 9 | Jobs Recovery Law in the Illinois Municipal Code, previously | ||||||
| 10 | established under the Economic Development Project Area Tax | ||||||
| 11 | Increment Act of 1995, or previously established under the | ||||||
| 12 | Economic Development Area Tax Increment Allocation Act, of | ||||||
| 13 | each taxable lot, block, tract, or parcel of real property in | ||||||
| 14 | the redevelopment project area over and above the initial | ||||||
| 15 | equalized assessed value of each property in the redevelopment | ||||||
| 16 | project area. For the taxes which are extended for the 1997 | ||||||
| 17 | levy year, the recovered tax increment value for a non-home | ||||||
| 18 | rule taxing district that first became subject to this Law for | ||||||
| 19 | the 1995 levy year because a majority of its 1994 equalized | ||||||
| 20 | assessed value was in an affected county or counties shall be | ||||||
| 21 | increased if a municipality terminated the designation of an | ||||||
| 22 | area in 1993 as a redevelopment project area previously | ||||||
| 23 | established under the Tax Increment Allocation Redevelopment | ||||||
| 24 | Act in the Illinois Municipal Code, previously established | ||||||
| 25 | under the Industrial Jobs Recovery Law in the Illinois | ||||||
| 26 | Municipal Code, or previously established under the Economic | ||||||
| |||||||
| |||||||
| 1 | Development Area Tax Increment Allocation Act, by an amount | ||||||
| 2 | equal to the 1994 equalized assessed value of each taxable | ||||||
| 3 | lot, block, tract, or parcel of real property in the | ||||||
| 4 | redevelopment project area over and above the initial | ||||||
| 5 | equalized assessed value of each property in the redevelopment | ||||||
| 6 | project area. In the first year after a municipality removes a | ||||||
| 7 | taxable lot, block, tract, or parcel of real property from a | ||||||
| 8 | redevelopment project area established under the Tax Increment | ||||||
| 9 | Allocation Redevelopment Act in the Illinois Municipal Code, | ||||||
| 10 | the Industrial Jobs Recovery Law in the Illinois Municipal | ||||||
| 11 | Code, or the Economic Development Area Tax Increment | ||||||
| 12 | Allocation Act, "recovered tax increment value" means the | ||||||
| 13 | amount of the current year's equalized assessed value of each | ||||||
| 14 | taxable lot, block, tract, or parcel of real property removed | ||||||
| 15 | from the redevelopment project area over and above the initial | ||||||
| 16 | equalized assessed value of that real property before removal | ||||||
| 17 | from the redevelopment project area. | ||||||
| 18 | Except as otherwise provided in this Section, "limiting | ||||||
| 19 | rate" means a fraction the numerator of which is the last | ||||||
| 20 | preceding aggregate extension base times an amount equal to | ||||||
| 21 | one plus the extension limitation defined in this Section and | ||||||
| 22 | the denominator of which is the current year's equalized | ||||||
| 23 | assessed value of all real property in the territory under the | ||||||
| 24 | jurisdiction of the taxing district during the prior levy | ||||||
| 25 | year. If an increase in the district's aggregate extension has | ||||||
| 26 | been approved by referendum on or after January 1, 2027, then, | ||||||
| |||||||
| |||||||
| 1 | for the year for which the increase has been approved, the | ||||||
| 2 | limiting rate for that district shall be a fraction, the | ||||||
| 3 | numerator of which is the sum of (i) the last preceding | ||||||
| 4 | aggregate extension base times an amount equal to one plus the | ||||||
| 5 | extension limitation defined in this Section and (ii) the | ||||||
| 6 | amount of the increase approved by referendum under Section | ||||||
| 7 | 18-190.3 of this Law, and the denominator of which is the | ||||||
| 8 | current year's equalized assessed value of all real property | ||||||
| 9 | in the territory under the jurisdiction of the taxing district | ||||||
| 10 | during the prior levy year. For those taxing districts that | ||||||
| 11 | reduced their aggregate extension for the last preceding levy | ||||||
| 12 | year, except for school districts that reduced their extension | ||||||
| 13 | for educational purposes pursuant to Section 18-206, the | ||||||
| 14 | highest aggregate extension in any of the last 3 preceding | ||||||
| 15 | levy years shall be used for the purpose of computing the | ||||||
| 16 | limiting rate. The denominator shall not include new property | ||||||
| 17 | or the recovered tax increment value. If a new rate, a rate | ||||||
| 18 | decrease, or a limiting rate increase has been approved at an | ||||||
| 19 | election held after March 21, 2006, then (i) the otherwise | ||||||
| 20 | applicable limiting rate shall be increased by the amount of | ||||||
| 21 | the new rate or shall be reduced by the amount of the rate | ||||||
| 22 | decrease, as the case may be, or (ii) in the case of a limiting | ||||||
| 23 | rate increase, the limiting rate shall be equal to the rate set | ||||||
| 24 | forth in the proposition approved by the voters for each of the | ||||||
| 25 | years specified in the proposition, after which the limiting | ||||||
| 26 | rate of the taxing district shall be calculated as otherwise | ||||||
| |||||||
| |||||||
| 1 | provided. In the case of a taxing district that obtained | ||||||
| 2 | referendum approval for an increased limiting rate on March | ||||||
| 3 | 20, 2012, the limiting rate for tax year 2012 shall be the rate | ||||||
| 4 | that generates the approximate total amount of taxes | ||||||
| 5 | extendable for that tax year, as set forth in the proposition | ||||||
| 6 | approved by the voters; this rate shall be the final rate | ||||||
| 7 | applied by the county clerk for the aggregate of all capped | ||||||
| 8 | funds of the district for tax year 2012. | ||||||
| 9 | (Source: P.A. 103-154, eff. 6-30-23; 103-587, eff. 5-28-24; | ||||||
| 10 | 103-591, eff. 7-1-24; 103-592, eff. 6-7-24; 104-417, eff. | ||||||
| 11 | 8-15-25.) | ||||||
| 12 | (35 ILCS 200/18-190.3 new) | ||||||
| 13 | Sec. 18-190.3. Direct referendum; increased aggregate | ||||||
| 14 | extension. As an alternative to the procedures set forth in | ||||||
| 15 | Sections 18-190 and 18-205, a taxing district may increase its | ||||||
| 16 | aggregate extension to an amount that exceeds the amount that | ||||||
| 17 | would otherwise be permitted under this Law if the taxing | ||||||
| 18 | district obtains referendum approval as provided in this | ||||||
| 19 | Section. | ||||||
| 20 | The proposition seeking to obtain referendum approval to | ||||||
| 21 | increase the aggregate extension shall be in substantially the | ||||||
| 22 | following form: | ||||||
| 23 | "Shall the aggregate extension (the total dollar | ||||||
| 24 | amount levied by the district for each of the tax funds | ||||||
| 25 | included under the Property Tax Limitation Law) | ||||||
| |||||||
| |||||||
| 1 | for...(insert legal name, number, if any, and county or | ||||||
| 2 | counties of taxing district and geographic or other common | ||||||
| 3 | name by which a school or community college district is | ||||||
| 4 | known and referred to), Illinois, be increased by (insert | ||||||
| 5 | the amount of increase sought) for levy year...(insert the | ||||||
| 6 | levy year for which the increase will take effect)?" | ||||||
| 7 | The votes must be recorded as "Yes" or "No". | ||||||
| 8 | The ballot for any proposition submitted pursuant to this | ||||||
| 9 | Section shall have printed thereon, but not as a part of the | ||||||
| 10 | proposition submitted, only the following supplemental | ||||||
| 11 | information (which shall be supplied to the election authority | ||||||
| 12 | by the taxing district) in substantially the following form: | ||||||
| 13 | "(1) The amount of taxes extended which were subject | ||||||
| 14 | to the Property Tax Cap (Property Tax Extension Limitation | ||||||
| 15 | Law) in levy year (insert most recent levy year) was | ||||||
| 16 | (insert the most recent levy year's aggregate extension | ||||||
| 17 | base). If the proposition is not approved, then the taxing | ||||||
| 18 | district may increase its extension by the lesser of 5% or | ||||||
| 19 | the percentage increase in the Consumer Price Index during | ||||||
| 20 | the 12-month calendar year preceding (insert levy year). | ||||||
| 21 | If the proposition is approved, then the taxing district | ||||||
| 22 | may increase its extension in levy year (insert levy year) | ||||||
| 23 | by an additional (insert the amount of increase sought). | ||||||
| 24 | (2) For the...(insert levy year for which the increase | ||||||
| 25 | will be applicable) levy year, the approximate amount of | ||||||
| 26 | the additional tax extendable against property containing | ||||||
| |||||||
| |||||||
| 1 | a single family residence and having a fair market value | ||||||
| 2 | at the time of the referendum of $100,000 is estimated to | ||||||
| 3 | be (insert amount).". | ||||||
| 4 | The approximate amount of the additional taxes extendable | ||||||
| 5 | shown in paragraph (2) shall be calculated by multiplying | ||||||
| 6 | $100,000 (the fair market value of the property without regard | ||||||
| 7 | to any property tax exemptions) by (i) the percentage level of | ||||||
| 8 | assessment prescribed for that property by statute, or by | ||||||
| 9 | ordinance of the county board in counties that classify | ||||||
| 10 | property for purposes of taxation in accordance with Section 4 | ||||||
| 11 | of Article IX of the Illinois Constitution; (ii) the most | ||||||
| 12 | recent final equalization factor certified to the county clerk | ||||||
| 13 | by the Department of Revenue at the time the taxing district | ||||||
| 14 | initiates the submission of the proposition to the electors; | ||||||
| 15 | and (iii) the increase in the aggregate extension proposed in | ||||||
| 16 | the question; and dividing the result by the last known | ||||||
| 17 | equalized assessed value of the taxing district at the time | ||||||
| 18 | the submission of the question is initiated by the taxing | ||||||
| 19 | district. Any notice required to be published in connection | ||||||
| 20 | with the submission of the proposition shall also contain this | ||||||
| 21 | supplemental information and shall not contain any other | ||||||
| 22 | supplemental information regarding the proposition. Any error, | ||||||
| 23 | miscalculation, or inaccuracy in computing any amount set | ||||||
| 24 | forth on the ballot and in the notice that is not deliberate | ||||||
| 25 | shall not invalidate or affect the validity of any proposition | ||||||
| 26 | approved. Notice of the referendum shall be published and | ||||||
| |||||||
| |||||||
| 1 | posted as otherwise required by law, and the submission of the | ||||||
| 2 | proposition shall be initiated as provided by law. | ||||||
| 3 | If a majority of all ballots cast on the proposition are in | ||||||
| 4 | favor of the proposition, then the district may increase its | ||||||
| 5 | aggregate extension as provided in the referendum. | ||||||
| 6 | Section 99. Effective date. This Act takes effect upon | ||||||
| 7 | becoming law. | ||||||
