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| 1 | | AN ACT concerning government. |
| 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 | | Sections 18-185 and 21-150 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 |
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| 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, beginning in |
| 5 | | levy year 2026, if a qualified taxing district provided a |
| 6 | | property tax abatement under subsection (j) of Section 10-20 |
| 7 | | of the Energy Community Reinvestment Act in any levy year |
| 8 | | occurring before the current levy year and if the taxing |
| 9 | | district was subject to this Law in the levy year of the |
| 10 | | abatement, then the district's aggregate extension base for |
| 11 | | each subsequent levy year after the levy year of the abatement |
| 12 | | but not earlier than levy year 2026 shall be calculated as |
| 13 | | though the district's aggregate extension for the levy year in |
| 14 | | which the abatement was granted included the amount of the |
| 15 | | abatement. For the purpose of this adjustment, "qualified |
| 16 | | taxing district" means a taxing district that contains a |
| 17 | | nuclear power plant that was decommissioned but that continued |
| 18 | | to store nuclear waste before January 1, 2021. |
| 19 | | Notwithstanding any other provision of law, for levy year |
| 20 | | 2012, the aggregate extension base for West Northfield School |
| 21 | | District No. 31 in Cook County shall be $12,654,592. |
| 22 | | Notwithstanding any other provision of law, for the |
| 23 | | purpose of calculating the limiting rate for levy year 2023, |
| 24 | | the last preceding aggregate extension base for Homewood |
| 25 | | School District No. 153 in Cook County shall be $19,535,377. |
| 26 | | Notwithstanding any other provision of law, for levy year |
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| 1 | | 2022, the aggregate extension base of a home equity assurance |
| 2 | | program that levied at least $1,000,000 in property taxes in |
| 3 | | levy year 2019 or 2020 under the Home Equity Assurance Act |
| 4 | | shall be the amount that the program's aggregate extension |
| 5 | | base for levy year 2021 would have been if the program had |
| 6 | | levied a property tax for levy year 2021. |
| 7 | | "Levy year" has the same meaning as "year" under Section |
| 8 | | 1-155. |
| 9 | | "New property" means (i) the assessed value, after final |
| 10 | | board of review or board of appeals action, of new |
| 11 | | improvements or additions to existing improvements on any |
| 12 | | parcel of real property that increase the assessed value of |
| 13 | | that real property during the levy year multiplied by the |
| 14 | | equalization factor issued by the Department under Section |
| 15 | | 17-30, (ii) the assessed value, after final board of review or |
| 16 | | board of appeals action, of real property not exempt from real |
| 17 | | estate taxation, which real property was exempt from real |
| 18 | | estate taxation for any portion of the immediately preceding |
| 19 | | levy year, multiplied by the equalization factor issued by the |
| 20 | | Department under Section 17-30, including the assessed value, |
| 21 | | upon final stabilization of occupancy after new construction |
| 22 | | is complete, of any real property located within the |
| 23 | | boundaries of an otherwise or previously exempt military |
| 24 | | reservation that is intended for residential use and owned by |
| 25 | | or leased to a private corporation or other entity, (iii) in |
| 26 | | counties that classify in accordance with Section 4 of Article |
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| 1 | | IX of the Illinois Constitution, an incentive property's |
| 2 | | additional assessed value resulting from a scheduled increase |
| 3 | | in the level of assessment as applied to the first year final |
| 4 | | board of review market value, and (iv) any increase in |
| 5 | | assessed value due to oil or gas production from an oil or gas |
| 6 | | well required to be permitted under the Hydraulic Fracturing |
| 7 | | Regulatory Act that was not produced in or accounted for |
| 8 | | during the previous levy year. In addition, the county clerk |
| 9 | | in a county containing a population of 3,000,000 or more shall |
| 10 | | include in the 1997 recovered tax increment value for any |
| 11 | | school district, any recovered tax increment value that was |
| 12 | | applicable to the 1995 tax year calculations. |
| 13 | | "Qualified airport authority" means an airport authority |
| 14 | | organized under the Airport Authorities Act and located in a |
| 15 | | county bordering on the State of Wisconsin and having a |
| 16 | | population in excess of 200,000 and not greater than 500,000. |
| 17 | | "Recovered tax increment value" means, except as otherwise |
| 18 | | provided in this paragraph, the amount of the current year's |
| 19 | | equalized assessed value, in the first year after a |
| 20 | | municipality terminates the designation of an area as a |
| 21 | | redevelopment project area previously established under the |
| 22 | | Tax Increment Allocation Redevelopment Act in the Illinois |
| 23 | | Municipal Code, previously established under the Industrial |
| 24 | | Jobs Recovery Law in the Illinois Municipal Code, previously |
| 25 | | established under the Economic Development Project Area Tax |
| 26 | | Increment Act of 1995, or previously established under the |
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| 1 | | Economic Development Area Tax Increment Allocation Act, of |
| 2 | | each taxable lot, block, tract, or parcel of real property in |
| 3 | | the redevelopment project area over and above the initial |
| 4 | | equalized assessed value of each property in the redevelopment |
| 5 | | project area. For the taxes which are extended for the 1997 |
| 6 | | levy year, the recovered tax increment value for a non-home |
| 7 | | rule taxing district that first became subject to this Law for |
| 8 | | the 1995 levy year because a majority of its 1994 equalized |
| 9 | | assessed value was in an affected county or counties shall be |
| 10 | | increased if a municipality terminated the designation of an |
| 11 | | area in 1993 as a redevelopment project area previously |
| 12 | | established under the Tax Increment Allocation Redevelopment |
| 13 | | Act in the Illinois Municipal Code, previously established |
| 14 | | under the Industrial Jobs Recovery Law in the Illinois |
| 15 | | Municipal Code, or previously established under the Economic |
| 16 | | Development Area Tax Increment Allocation Act, by an amount |
| 17 | | equal to the 1994 equalized assessed value of each taxable |
| 18 | | lot, block, tract, or parcel of real property in the |
| 19 | | redevelopment project area over and above the initial |
| 20 | | equalized assessed value of each property in the redevelopment |
| 21 | | project area. In the first year after a municipality removes a |
| 22 | | taxable lot, block, tract, or parcel of real property from a |
| 23 | | redevelopment project area established under the Tax Increment |
| 24 | | Allocation Redevelopment Act in the Illinois Municipal Code, |
| 25 | | the Industrial Jobs Recovery Law in the Illinois Municipal |
| 26 | | Code, or the Economic Development Area Tax Increment |
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| 1 | | Allocation Act, "recovered tax increment value" means the |
| 2 | | amount of the current year's equalized assessed value of each |
| 3 | | taxable lot, block, tract, or parcel of real property removed |
| 4 | | from the redevelopment project area over and above the initial |
| 5 | | equalized assessed value of that real property before removal |
| 6 | | from the redevelopment project area. |
| 7 | | Except as otherwise provided in this Section, "limiting |
| 8 | | rate" means a fraction the numerator of which is the last |
| 9 | | preceding aggregate extension base times an amount equal to |
| 10 | | one plus the extension limitation defined in this Section and |
| 11 | | the denominator of which is the current year's equalized |
| 12 | | assessed value of all real property in the territory under the |
| 13 | | jurisdiction of the taxing district during the prior levy |
| 14 | | year. For those taxing districts that reduced their aggregate |
| 15 | | extension for the last preceding levy year, except for school |
| 16 | | districts that reduced their extension for educational |
| 17 | | purposes pursuant to Section 18-206, the highest aggregate |
| 18 | | extension in any of the last 3 preceding levy years shall be |
| 19 | | used for the purpose of computing the limiting rate. The |
| 20 | | denominator shall not include new property or the recovered |
| 21 | | tax increment value. If a new rate, a rate decrease, or a |
| 22 | | limiting rate increase has been approved at an election held |
| 23 | | after March 21, 2006, then (i) the otherwise applicable |
| 24 | | limiting rate shall be increased by the amount of the new rate |
| 25 | | or shall be reduced by the amount of the rate decrease, as the |
| 26 | | case may be, or (ii) in the case of a limiting rate increase, |
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| 1 | | the limiting rate shall be equal to the rate set forth in the |
| 2 | | proposition approved by the voters for each of the years |
| 3 | | specified in the proposition, after which the limiting rate of |
| 4 | | the taxing district shall be calculated as otherwise provided. |
| 5 | | In the case of a taxing district that obtained referendum |
| 6 | | approval for an increased limiting rate on March 20, 2012, the |
| 7 | | limiting rate for tax year 2012 shall be the rate that |
| 8 | | generates the approximate total amount of taxes extendable for |
| 9 | | that tax year, as set forth in the proposition approved by the |
| 10 | | voters; this rate shall be the final rate applied by the county |
| 11 | | clerk for the aggregate of all capped funds of the district for |
| 12 | | tax year 2012. |
| 13 | | (Source: P.A. 103-154, eff. 6-30-23; 103-587, eff. 5-28-24; |
| 14 | | 103-591, eff. 7-1-24; 103-592, eff. 6-7-24; 104-417, eff. |
| 15 | | 8-15-25.) |
| 16 | | (35 ILCS 200/21-150) |
| 17 | | Sec. 21-150. Time of applying for judgment. Except as |
| 18 | | otherwise provided in this Section or by ordinance or |
| 19 | | resolution enacted under subsection (c) of Section 21-40, in |
| 20 | | any county with fewer than 3,000,000 inhabitants, all |
| 21 | | applications for judgment and order of sale for taxes and |
| 22 | | special assessments on delinquent properties shall be made |
| 23 | | within 90 days after the second installment due date. In Cook |
| 24 | | County, all applications for judgment and order of sale for |
| 25 | | taxes and special assessments on delinquent properties shall |
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| 1 | | be made (i) by July 1, 2011 for tax year 2009, (ii) by July 1, |
| 2 | | 2012 for tax year 2010, (iii) by July 1, 2013 for tax year |
| 3 | | 2011, (iv) by July 1, 2014 for tax year 2012, (v) by July 1, |
| 4 | | 2015 for tax year 2013, (vi) by May 1, 2016 for tax year 2014, |
| 5 | | (vii) by March 1, 2017 for tax year 2015, (viii) by April 1 of |
| 6 | | the next calendar year after the second installment due date |
| 7 | | for tax year 2016 and 2017, and (ix) within 365 days of the |
| 8 | | second installment due date for each tax year thereafter. |
| 9 | | Notwithstanding these dates, in Cook County, the |
| 10 | | application for judgment and order of sale for the 2018 annual |
| 11 | | tax sale that would normally be held in calendar year 2020 |
| 12 | | shall not be filed earlier than the first day of the first |
| 13 | | month during which there is no longer a statewide COVID-19 |
| 14 | | public health emergency, as evidenced by an effective disaster |
| 15 | | declaration of the Governor covering all counties in the |
| 16 | | State, except that in no event may this application for |
| 17 | | judgment and order of sale be filed later than October 1, 2021. |
| 18 | | When a tax sale is delayed because of a statewide COVID-19 |
| 19 | | public health emergency, no subsequent annual tax sale may |
| 20 | | begin earlier than 180 days after the last day of the prior |
| 21 | | delayed tax sale, and no scavenger tax sale may begin earlier |
| 22 | | than 90 days after the last day of the prior delayed tax sale. |
| 23 | | In those counties which have adopted an ordinance under |
| 24 | | Section 21-40, the application for judgment and order of sale |
| 25 | | for delinquent taxes shall be made in December. |
| 26 | | Notwithstanding these dates, in Cook County, the |
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| 1 | | application for judgment and order of sale for the 2023 annual |
| 2 | | tax sale that would normally be held in calendar year 2025 |
| 3 | | shall be filed on or before December 1, 2026 March 10, 2026. |
| 4 | | Notwithstanding Sections 9-260, 18-250, 20-100, 21-15, 21-25, |
| 5 | | and 21-45, in Cook County, interest shall not accrue between |
| 6 | | September 2, 2025 and January 1, 2027 April 1, 2026 on |
| 7 | | delinquent warrant year 2023 tax balances. |
| 8 | | In the 10 years next following the completion of a general |
| 9 | | reassessment of property in any county with 3,000,000 or more |
| 10 | | inhabitants, made under an order of the Department, |
| 11 | | applications for judgment and order of sale shall be made as |
| 12 | | soon as may be and on the day specified in the advertisement |
| 13 | | required by Section 21-110 and 21-115. If for any cause the |
| 14 | | court is not held on the day specified, the cause shall stand |
| 15 | | continued, and it shall be unnecessary to re-advertise the |
| 16 | | list or notice. |
| 17 | | Within 30 days after the day specified for the application |
| 18 | | for judgment the court shall hear and determine the matter. If |
| 19 | | judgment is rendered, the sale shall begin on the date within 5 |
| 20 | | business days specified in the notice as provided in Section |
| 21 | | 21-115. If the collector is prevented from advertising and |
| 22 | | obtaining judgment within the time periods specified by this |
| 23 | | Section, the collector may obtain judgment at any time |
| 24 | | thereafter; but if the failure arises by the county |
| 25 | | collector's not complying with any of the requirements of this |
| 26 | | Code, he or she shall be held on his or her official bond for |
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| 1 | | the full amount of all taxes and special assessments charged |
| 2 | | against him or her. Any failure on the part of the county |
| 3 | | collector shall not be allowed as a valid objection to the |
| 4 | | collection of any tax or assessment, or to entry of a judgment |
| 5 | | against any delinquent properties included in the application |
| 6 | | of the county collector. |
| 7 | | As used in this Section, "warrant year" means the year |
| 8 | | preceding the calendar year in which the taxes first became |
| 9 | | due and payable. |
| 10 | | (Source: P.A. 104-6, eff. 6-16-25.) |
| 11 | | Section 99. Effective date. This Act takes effect upon |
| 12 | | becoming law. |