|
|||||||||||||||||||||||||||
|
|||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
| |||||||||||||||||||||||||||
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 as follows: | ||||||||||||||||||||||||||
6 | (35 ILCS 200/18-185)
| ||||||||||||||||||||||||||
7 | Sec. 18-185. Short title; definitions. This Division 5 may | ||||||||||||||||||||||||||
8 | be cited as the
Property Tax Extension Limitation Law. As used | ||||||||||||||||||||||||||
9 | 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 |
| |||||||
| |||||||
1 | its
1990 equalized assessed value within any county or counties | ||||||
2 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||
3 | Beginning with the 1995 levy
year, "taxing district" includes | ||||||
4 | only each non-home rule taxing district
subject to this Law | ||||||
5 | before the 1995 levy year and each non-home rule
taxing | ||||||
6 | district not subject to this Law before the 1995 levy year | ||||||
7 | having the
majority of its 1994 equalized assessed value in an | ||||||
8 | affected county or
counties. Beginning with the levy year in
| ||||||
9 | which this Law becomes applicable to a taxing district as
| ||||||
10 | provided in Section 18-213, "taxing district" also includes | ||||||
11 | those taxing
districts made subject to this Law as provided in | ||||||
12 | 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 for | ||||||
20 | any taxing district to pay
interest or principal on general | ||||||
21 | obligation bonds issued before October 1,
1991; (c) made for | ||||||
22 | any taxing district to pay interest or principal on bonds
| ||||||
23 | issued to refund or continue to refund those bonds issued | ||||||
24 | before October 1,
1991; (d)
made for any taxing district to pay | ||||||
25 | interest or principal on bonds
issued to refund or continue to | ||||||
26 | refund bonds issued after October 1, 1991 that
were approved by |
| |||||||
| |||||||
1 | referendum; (e)
made for any taxing district to pay interest
or | ||||||
2 | principal on revenue bonds issued before October 1, 1991 for | ||||||
3 | payment of
which a property tax levy or the full faith and | ||||||
4 | credit of the unit of local
government is pledged; however, a | ||||||
5 | tax for the payment of interest or principal
on those bonds | ||||||
6 | shall be made only after the governing body of the unit of | ||||||
7 | local
government finds that all other sources for payment are | ||||||
8 | insufficient to make
those payments; (f) made for payments | ||||||
9 | under a building commission lease when
the lease payments are | ||||||
10 | for the retirement of bonds issued by the commission
before | ||||||
11 | October 1, 1991, to pay for the building project; (g) made for | ||||||
12 | payments
due under installment contracts entered into before | ||||||
13 | October 1, 1991;
(h) made for payments of principal and | ||||||
14 | interest on bonds issued under the
Metropolitan Water | ||||||
15 | Reclamation District Act to finance construction projects
| ||||||
16 | initiated before October 1, 1991; (i) made for payments of | ||||||
17 | principal and
interest on limited bonds, as defined in Section | ||||||
18 | 3 of the Local Government Debt
Reform Act, in an amount not to | ||||||
19 | exceed the debt service extension base less
the amount in items | ||||||
20 | (b), (c), (e), and (h) of this definition for
non-referendum | ||||||
21 | obligations, except obligations initially issued pursuant to
| ||||||
22 | referendum; (j) made for payments of principal and interest on | ||||||
23 | bonds
issued under Section 15 of the Local Government Debt | ||||||
24 | Reform Act; (k)
made
by a school district that participates in | ||||||
25 | the Special Education District of
Lake County, created by | ||||||
26 | special education joint agreement under Section
10-22.31 of the |
| |||||||
| |||||||
1 | School Code, for payment of the school district's share of the
| ||||||
2 | amounts required to be contributed by the Special Education | ||||||
3 | District of Lake
County to the Illinois Municipal Retirement | ||||||
4 | Fund under Article 7 of the
Illinois Pension Code; the amount | ||||||
5 | of any extension under this item (k) shall be
certified by the | ||||||
6 | school district to the county clerk; (l) made to fund
expenses | ||||||
7 | of providing joint recreational programs for the handicapped | ||||||
8 | under
Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
9 | of the Illinois Municipal Code; (m) made for temporary | ||||||
10 | relocation loan repayment purposes pursuant to Sections 2-3.77 | ||||||
11 | and 17-2.2d of the School Code; (n) made for payment of | ||||||
12 | principal and interest on any bonds issued under the authority | ||||||
13 | of Section 17-2.2d of the School Code; and (o) made for | ||||||
14 | contributions to a firefighter's pension fund created under | ||||||
15 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
16 | amount certified under item (5) of Section 4-134 of the | ||||||
17 | Illinois Pension Code ; and (p) made by a school district | ||||||
18 | participating in a joint agreement for an area vocational | ||||||
19 | education center for area vocational education purposes .
| ||||||
20 | "Aggregate extension" for the taxing districts to which | ||||||
21 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
22 | districts subject to this Law
in
accordance with Section | ||||||
23 | 18-213) means the annual corporate extension for the
taxing | ||||||
24 | district and those special purpose extensions that are made | ||||||
25 | annually for
the taxing district, excluding special purpose | ||||||
26 | extensions: (a) made for the
taxing district to pay interest or |
| |||||||
| |||||||
1 | principal on general obligation bonds that
were approved by | ||||||
2 | referendum; (b) made for any taxing district to pay interest
or | ||||||
3 | principal on general obligation bonds issued before March 1, | ||||||
4 | 1995; (c) made
for any taxing district to pay interest or | ||||||
5 | principal on bonds issued to refund
or continue to refund those | ||||||
6 | bonds issued before March 1, 1995; (d) made for any
taxing | ||||||
7 | district to pay interest or principal on bonds issued to refund | ||||||
8 | or
continue to refund bonds issued after March 1, 1995 that | ||||||
9 | were approved by
referendum; (e) made for any taxing district | ||||||
10 | to pay interest or principal on
revenue bonds issued before | ||||||
11 | March 1, 1995 for payment of which a property tax
levy or the | ||||||
12 | full faith and credit of the unit of local government is | ||||||
13 | pledged;
however, a tax for the payment of interest or | ||||||
14 | principal on those bonds shall be
made only after the governing | ||||||
15 | body of the unit of local government finds that
all other | ||||||
16 | sources for payment are insufficient to make those payments; | ||||||
17 | (f) made
for payments under a building commission lease when | ||||||
18 | the lease payments are for
the retirement of bonds issued by | ||||||
19 | the commission before March 1, 1995 to
pay for the building | ||||||
20 | project; (g) made for payments due under installment
contracts | ||||||
21 | entered into before March 1, 1995; (h) made for payments of
| ||||||
22 | principal and interest on bonds issued under the Metropolitan | ||||||
23 | Water Reclamation
District Act to finance construction | ||||||
24 | projects initiated before October 1,
1991; (h-4) made for | ||||||
25 | stormwater management purposes by the Metropolitan Water | ||||||
26 | Reclamation District of Greater Chicago under Section 12 of the |
| |||||||
| |||||||
1 | Metropolitan Water Reclamation District Act; (i) made for | ||||||
2 | payments of principal and interest on limited bonds,
as defined | ||||||
3 | in Section 3 of the Local Government Debt Reform Act, in an | ||||||
4 | amount
not to exceed the debt service extension base less the | ||||||
5 | amount in items (b),
(c), and (e) of this definition for | ||||||
6 | non-referendum obligations, except
obligations initially | ||||||
7 | issued pursuant to referendum and bonds described in
subsection | ||||||
8 | (h) of this definition; (j) made for payments of
principal and | ||||||
9 | interest on bonds issued under Section 15 of the Local | ||||||
10 | Government
Debt Reform Act; (k) made for payments of principal | ||||||
11 | and interest on bonds
authorized by Public Act 88-503 and | ||||||
12 | issued under Section 20a of the Chicago
Park District Act for | ||||||
13 | aquarium or
museum projects; (l) made for payments of principal | ||||||
14 | and interest on
bonds
authorized by Public Act 87-1191 or | ||||||
15 | 93-601 and (i) issued pursuant to Section 21.2 of the Cook | ||||||
16 | County Forest
Preserve District Act, (ii) issued under Section | ||||||
17 | 42 of the Cook County
Forest Preserve District Act for | ||||||
18 | zoological park projects, or (iii) issued
under Section 44.1 of | ||||||
19 | the Cook County Forest Preserve District Act for
botanical | ||||||
20 | gardens projects; (m) made
pursuant
to Section 34-53.5 of the | ||||||
21 | School Code, whether levied annually or not;
(n) made to fund | ||||||
22 | expenses of providing joint recreational programs for the
| ||||||
23 | handicapped under Section 5-8 of the Park
District Code or | ||||||
24 | Section 11-95-14 of the Illinois Municipal Code;
(o) made by | ||||||
25 | the
Chicago Park
District for recreational programs for the | ||||||
26 | handicapped under subsection (c) of
Section
7.06 of the Chicago |
| |||||||
| |||||||
1 | Park District Act; (p) made for contributions to a | ||||||
2 | firefighter's pension fund created under Article 4 of the | ||||||
3 | Illinois Pension Code, to the extent of the amount certified | ||||||
4 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
5 | and (q) made by Ford Heights School District 169 under Section | ||||||
6 | 17-9.02 of the School Code ; and (r) made by a school district | ||||||
7 | participating in a joint agreement for an area vocational | ||||||
8 | education center for area vocational education purposes .
| ||||||
9 | "Aggregate extension" for all taxing districts to which | ||||||
10 | this Law applies in
accordance with Section 18-213, except for | ||||||
11 | those taxing districts subject to
paragraph (2) of subsection | ||||||
12 | (e) of Section 18-213, means the annual corporate
extension for | ||||||
13 | the
taxing district and those special purpose extensions that | ||||||
14 | are made annually for
the taxing district, excluding special | ||||||
15 | purpose extensions: (a) made for the
taxing district to pay | ||||||
16 | interest or principal on general obligation bonds that
were | ||||||
17 | approved by referendum; (b) made for any taxing district to pay | ||||||
18 | interest
or principal on general obligation bonds issued before | ||||||
19 | the date on which the
referendum making this
Law applicable to | ||||||
20 | the taxing district is held; (c) made
for any taxing district | ||||||
21 | to pay interest or principal on bonds issued to refund
or | ||||||
22 | continue to refund those bonds issued before the date on which | ||||||
23 | the
referendum making this Law
applicable to the taxing | ||||||
24 | district is held;
(d) made for any
taxing district to pay | ||||||
25 | interest or principal on bonds issued to refund or
continue to | ||||||
26 | refund bonds issued after the date on which the referendum |
| |||||||
| |||||||
1 | making
this Law
applicable to the taxing district is held if | ||||||
2 | the bonds were approved by
referendum after the date on which | ||||||
3 | the referendum making this Law
applicable to the taxing | ||||||
4 | district is held; (e) made for any
taxing district to pay | ||||||
5 | interest or principal on
revenue bonds issued before the date | ||||||
6 | on which the referendum making this Law
applicable to the
| ||||||
7 | taxing district is held for payment of which a property tax
| ||||||
8 | levy or the full faith and credit of the unit of local | ||||||
9 | government is pledged;
however, a tax for the payment of | ||||||
10 | interest or principal on those bonds shall be
made only after | ||||||
11 | the governing body of the unit of local government finds that
| ||||||
12 | all other sources for payment are insufficient to make those | ||||||
13 | payments; (f) made
for payments under a building commission | ||||||
14 | lease when the lease payments are for
the retirement of bonds | ||||||
15 | issued by the commission before the date on which the
| ||||||
16 | referendum making this
Law applicable to the taxing district is | ||||||
17 | held to
pay for the building project; (g) made for payments due | ||||||
18 | under installment
contracts entered into before the date on | ||||||
19 | which the referendum making this Law
applicable to
the taxing | ||||||
20 | district is held;
(h) made for payments
of principal and | ||||||
21 | interest on limited bonds,
as defined in Section 3 of the Local | ||||||
22 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
23 | service extension base less the amount in items (b),
(c), and | ||||||
24 | (e) of this definition for non-referendum obligations, except
| ||||||
25 | obligations initially issued pursuant to referendum; (i) made | ||||||
26 | for payments
of
principal and interest on bonds issued under |
| |||||||
| |||||||
1 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
2 | for a qualified airport authority to pay interest or principal | ||||||
3 | on
general obligation bonds issued for the purpose of paying | ||||||
4 | obligations due
under, or financing airport facilities | ||||||
5 | required to be acquired, constructed,
installed or equipped | ||||||
6 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
7 | not including any amendments to such a contract taking effect | ||||||
8 | on
or after that date); (k) made to fund expenses of providing | ||||||
9 | joint
recreational programs for the handicapped under Section | ||||||
10 | 5-8 of
the
Park District Code or Section 11-95-14 of the | ||||||
11 | Illinois Municipal Code; (l) made for contributions to a | ||||||
12 | firefighter's pension fund created under Article 4 of the | ||||||
13 | Illinois Pension Code, to the extent of the amount certified | ||||||
14 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
15 | and (m) made for the taxing district to pay interest or | ||||||
16 | principal on general obligation bonds issued pursuant to | ||||||
17 | Section 19-3.10 of the School Code ; and (n) made by a school | ||||||
18 | district participating in a joint agreement for an area | ||||||
19 | vocational education center for area vocational education | ||||||
20 | purposes .
| ||||||
21 | "Aggregate extension" for all taxing districts to which | ||||||
22 | this Law applies in
accordance with paragraph (2) of subsection | ||||||
23 | (e) of Section 18-213 means the
annual corporate extension for | ||||||
24 | the
taxing district and those special purpose extensions that | ||||||
25 | are made annually for
the taxing district, excluding special | ||||||
26 | purpose extensions: (a) made for the
taxing district to pay |
| |||||||
| |||||||
1 | interest or principal on general obligation bonds that
were | ||||||
2 | approved by referendum; (b) made for any taxing district to pay | ||||||
3 | interest
or principal on general obligation bonds issued before | ||||||
4 | the effective date of
this amendatory Act of 1997;
(c) made
for | ||||||
5 | any taxing district to pay interest or principal on bonds | ||||||
6 | issued to refund
or continue to refund those bonds issued | ||||||
7 | before the effective date
of this amendatory Act of 1997;
(d) | ||||||
8 | made for any
taxing district to pay interest or principal on | ||||||
9 | bonds issued to refund or
continue to refund bonds issued after | ||||||
10 | the effective date of this amendatory Act
of 1997 if the bonds | ||||||
11 | were approved by referendum after the effective date of
this | ||||||
12 | amendatory Act of 1997;
(e) made for any
taxing district to pay | ||||||
13 | interest or principal on
revenue bonds issued before the | ||||||
14 | effective date of this amendatory Act of 1997
for payment of | ||||||
15 | which a property tax
levy or the full faith and credit of the | ||||||
16 | unit of local government is pledged;
however, a tax for the | ||||||
17 | payment of interest or principal on those bonds shall be
made | ||||||
18 | only after the governing body of the unit of local government | ||||||
19 | finds that
all other sources for payment are insufficient to | ||||||
20 | make those payments; (f) made
for payments under a building | ||||||
21 | commission lease when the lease payments are for
the retirement | ||||||
22 | of bonds issued by the commission before the effective date
of | ||||||
23 | this amendatory Act of 1997
to
pay for the building project; | ||||||
24 | (g) made for payments due under installment
contracts entered | ||||||
25 | into before the effective date of this amendatory Act of
1997;
| ||||||
26 | (h) made for payments
of principal and interest on limited |
| |||||||
| |||||||
1 | bonds,
as defined in Section 3 of the Local Government Debt | ||||||
2 | Reform Act, in an amount
not to exceed the debt service | ||||||
3 | extension base less the amount in items (b),
(c), and (e) of | ||||||
4 | this definition for non-referendum obligations, except
| ||||||
5 | obligations initially issued pursuant to referendum; (i) made | ||||||
6 | for payments
of
principal and interest on bonds issued under | ||||||
7 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
8 | for a qualified airport authority to pay interest or principal | ||||||
9 | on
general obligation bonds issued for the purpose of paying | ||||||
10 | obligations due
under, or financing airport facilities | ||||||
11 | required to be acquired, constructed,
installed or equipped | ||||||
12 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
13 | not including any amendments to such a contract taking effect | ||||||
14 | on
or after that date); (k) made to fund expenses of providing | ||||||
15 | joint
recreational programs for the handicapped under Section | ||||||
16 | 5-8 of
the
Park District Code or Section 11-95-14 of the | ||||||
17 | Illinois Municipal Code; and (l) made for contributions to a | ||||||
18 | firefighter's pension fund created under Article 4 of the | ||||||
19 | Illinois Pension Code, to the extent of the amount certified | ||||||
20 | under item (5) of Section 4-134 of the Illinois Pension Code ; | ||||||
21 | and (m) made by a school district participating in a joint | ||||||
22 | agreement for an area vocational education center for area | ||||||
23 | vocational education purposes .
| ||||||
24 | "Debt service extension base" means an amount equal to that | ||||||
25 | portion of the
extension for a taxing district for the 1994 | ||||||
26 | levy year, or for those taxing
districts subject to this Law in |
| |||||||
| |||||||
1 | accordance with Section 18-213, except for
those subject to | ||||||
2 | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| ||||||
3 | year in which the referendum making this Law applicable to the | ||||||
4 | taxing district
is held, or for those taxing districts subject | ||||||
5 | to this Law in accordance with
paragraph (2) of subsection (e) | ||||||
6 | of Section 18-213 for the 1996 levy year,
constituting an
| ||||||
7 | extension for payment of principal and interest on bonds issued | ||||||
8 | by the taxing
district without referendum, increased each year, | ||||||
9 | commencing with the 2009 levy year, by the lesser of 5% or the | ||||||
10 | percentage increase in the Consumer Price Index during the | ||||||
11 | 12-month calendar year preceding the levy year, but not | ||||||
12 | including excluded non-referendum bonds. For park districts | ||||||
13 | (i) that were first
subject to this Law in 1991 or 1995 and | ||||||
14 | (ii) whose extension for the 1994 levy
year for the payment of | ||||||
15 | principal and interest on bonds issued by the park
district | ||||||
16 | without referendum (but not including excluded non-referendum | ||||||
17 | bonds)
was less than 51% of the amount for the 1991 levy year | ||||||
18 | constituting an
extension for payment of principal and interest | ||||||
19 | on bonds issued by the park
district without referendum (but | ||||||
20 | not including excluded non-referendum bonds),
"debt service | ||||||
21 | extension base" means an amount equal to that portion of the
| ||||||
22 | extension for the 1991 levy year constituting an extension for | ||||||
23 | payment of
principal and interest on bonds issued by the park | ||||||
24 | district without referendum
(but not including excluded | ||||||
25 | non-referendum bonds). The debt service extension
base may be | ||||||
26 | established or increased as provided under Section 18-212.
|
| |||||||
| |||||||
1 | "Excluded non-referendum bonds" means (i) bonds authorized by | ||||||
2 | Public
Act 88-503 and issued under Section 20a of the Chicago | ||||||
3 | Park District Act for
aquarium and museum projects; (ii) bonds | ||||||
4 | issued under Section 15 of the
Local Government Debt Reform | ||||||
5 | Act; or (iii) refunding obligations issued
to refund or to | ||||||
6 | continue to refund obligations initially issued pursuant to
| ||||||
7 | referendum.
| ||||||
8 | "Special purpose extensions" include, but are not limited | ||||||
9 | to, extensions
for levies made on an annual basis for | ||||||
10 | unemployment and workers'
compensation, self-insurance, | ||||||
11 | contributions to pension plans, and extensions
made pursuant to | ||||||
12 | Section 6-601 of the Illinois Highway Code for a road
| ||||||
13 | district's permanent road fund whether levied annually or not. | ||||||
14 | The
extension for a special service area is not included in the
| ||||||
15 | aggregate extension.
| ||||||
16 | "Aggregate extension base" means the taxing district's | ||||||
17 | last preceding
aggregate extension as adjusted under Sections | ||||||
18 | 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 | ||||||
19 | shall be made for the 2007 levy year and all subsequent levy | ||||||
20 | years whenever one or more counties within which a taxing | ||||||
21 | district is located (i) used estimated valuations or rates when | ||||||
22 | extending taxes in the taxing district for the last preceding | ||||||
23 | levy year that resulted in the over or under extension of | ||||||
24 | taxes, or (ii) increased or decreased the tax extension for the | ||||||
25 | last preceding levy year as required by Section 18-135(c). | ||||||
26 | Whenever an adjustment is required under Section 18-135, the |
| |||||||
| |||||||
1 | aggregate extension base of the taxing district shall be equal | ||||||
2 | to the amount that the aggregate extension of the taxing | ||||||
3 | district would have been for the last preceding levy year if | ||||||
4 | either or both (i) actual, rather than estimated, valuations or | ||||||
5 | rates had been used to calculate the extension of taxes for the | ||||||
6 | last levy year, or (ii) the tax extension for the last | ||||||
7 | preceding levy year had not been adjusted as required by | ||||||
8 | subsection (c) of Section 18-135.
| ||||||
9 | "Levy year" has the same meaning as "year" under Section
| ||||||
10 | 1-155.
| ||||||
11 | "New property" means (i) the assessed value, after final | ||||||
12 | board of review or
board of appeals action, of new improvements | ||||||
13 | or additions to existing
improvements on any parcel of real | ||||||
14 | property that increase the assessed value of
that real property | ||||||
15 | during the levy year multiplied by the equalization factor
| ||||||
16 | issued by the Department under Section 17-30, (ii) the assessed | ||||||
17 | value, after
final board of review or board of appeals action, | ||||||
18 | of real property not exempt
from real estate taxation, which | ||||||
19 | real property was exempt from real estate
taxation for any | ||||||
20 | portion of the immediately preceding levy year, multiplied by
| ||||||
21 | the equalization factor issued by the Department under Section | ||||||
22 | 17-30, including the assessed value, upon final stabilization | ||||||
23 | of occupancy after new construction is complete, of any real | ||||||
24 | property located within the boundaries of an otherwise or | ||||||
25 | previously exempt military reservation that is intended for | ||||||
26 | residential use and owned by or leased to a private corporation |
| |||||||
| |||||||
1 | or other entity, and
(iii) in counties that classify in | ||||||
2 | accordance with Section 4 of Article
IX of the
Illinois | ||||||
3 | Constitution, an incentive property's additional assessed | ||||||
4 | value
resulting from a
scheduled increase in the level of | ||||||
5 | assessment as applied to the first year
final board of
review | ||||||
6 | market value.
In addition, the county clerk in a county | ||||||
7 | containing a population of
3,000,000 or more shall include in | ||||||
8 | the 1997
recovered tax increment value for any school district, | ||||||
9 | any recovered tax
increment value that was applicable to the | ||||||
10 | 1995 tax year calculations.
| ||||||
11 | "Qualified airport authority" means an airport authority | ||||||
12 | organized under
the Airport Authorities Act and located in a | ||||||
13 | county bordering on the State of
Wisconsin and having a | ||||||
14 | population in excess of 200,000 and not greater than
500,000.
| ||||||
15 | "Recovered tax increment value" means, except as otherwise | ||||||
16 | provided in this
paragraph, the amount of the current year's | ||||||
17 | equalized assessed value, in the
first year after a | ||||||
18 | municipality terminates
the designation of an area as a | ||||||
19 | redevelopment project area previously
established under the | ||||||
20 | Tax Increment Allocation Development Act in the Illinois
| ||||||
21 | Municipal Code, previously established under the Industrial | ||||||
22 | Jobs Recovery Law
in the Illinois Municipal Code, previously | ||||||
23 | established under the Economic Development Project Area Tax | ||||||
24 | Increment Act of 1995, or previously established under the | ||||||
25 | Economic
Development Area Tax Increment Allocation Act, of each | ||||||
26 | taxable lot, block,
tract, or parcel of real property in the |
| |||||||
| |||||||
1 | redevelopment project area over and
above the initial equalized | ||||||
2 | assessed value of each property in the
redevelopment project | ||||||
3 | area.
For the taxes which are extended for the 1997 levy year, | ||||||
4 | the recovered tax
increment value for a non-home rule taxing | ||||||
5 | district that first became subject
to this Law for the 1995 | ||||||
6 | levy year because a majority of its 1994 equalized
assessed | ||||||
7 | value was in an affected county or counties shall be increased | ||||||
8 | if a
municipality terminated the designation of an area in 1993 | ||||||
9 | as a redevelopment
project area previously established under | ||||||
10 | the Tax Increment Allocation
Development Act in the Illinois | ||||||
11 | Municipal Code, previously established under
the Industrial | ||||||
12 | Jobs Recovery Law in the Illinois Municipal Code, or previously
| ||||||
13 | established under the Economic Development Area Tax Increment | ||||||
14 | Allocation Act,
by an amount equal to the 1994 equalized | ||||||
15 | assessed value of each taxable lot,
block, tract, or parcel of | ||||||
16 | real property in the redevelopment project area over
and above | ||||||
17 | the initial equalized assessed value of each property in the
| ||||||
18 | redevelopment project area.
In the first year after a | ||||||
19 | municipality
removes a taxable lot, block, tract, or parcel of | ||||||
20 | real property from a
redevelopment project area established | ||||||
21 | under the Tax Increment Allocation
Development Act in the | ||||||
22 | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in | ||||||
23 | the Illinois Municipal Code, or the Economic
Development Area | ||||||
24 | Tax Increment Allocation Act, "recovered tax increment value"
| ||||||
25 | means the amount of the current year's equalized assessed value | ||||||
26 | of each taxable
lot, block, tract, or parcel of real property |
| |||||||
| |||||||
1 | removed from the redevelopment
project area over and above the | ||||||
2 | initial equalized assessed value of that real
property before | ||||||
3 | removal from the redevelopment project area.
| ||||||
4 | Except as otherwise provided in this Section, "limiting | ||||||
5 | rate" means a
fraction the numerator of which is the last
| ||||||
6 | preceding aggregate extension base times an amount equal to one | ||||||
7 | plus the
extension limitation defined in this Section and the | ||||||
8 | denominator of which
is the current year's equalized assessed | ||||||
9 | value of all real property in the
territory under the | ||||||
10 | jurisdiction of the taxing district during the prior
levy year. | ||||||
11 | For those taxing districts that reduced their aggregate
| ||||||
12 | extension for the last preceding levy year, the highest | ||||||
13 | aggregate extension
in any of the last 3 preceding levy years | ||||||
14 | shall be used for the purpose of
computing the limiting rate. | ||||||
15 | The denominator shall not include new
property or the recovered | ||||||
16 | tax increment
value.
If a new rate, a rate decrease, or a | ||||||
17 | limiting rate increase has been approved at an election held | ||||||
18 | after March 21, 2006, then (i) the otherwise applicable | ||||||
19 | limiting rate shall be increased by the amount of the new rate | ||||||
20 | or shall be reduced by the amount of the rate decrease, as the | ||||||
21 | case may be, or (ii) in the case of a limiting rate increase, | ||||||
22 | the limiting rate shall be equal to the rate set forth
in the | ||||||
23 | proposition approved by the voters for each of the years | ||||||
24 | specified in the proposition, after
which the limiting rate of | ||||||
25 | the taxing district shall be calculated as otherwise provided.
| ||||||
26 | (Source: P.A. 95-90, eff. 1-1-08; 95-331, eff. 8-21-07; 95-404, |
| |||||||
| |||||||
1 | eff. 1-1-08; 95-876, eff. 8-21-08; 96-501, eff. 8-14-09; | ||||||
2 | 96-517, eff. 8-14-09; revised 9-15-09.)
| ||||||
3 | Section 10. The School Code is amended by adding Section | ||||||
4 | 17-2.4a as follows: | ||||||
5 | (105 ILCS 5/17-2.4a new) | ||||||
6 | Sec. 17-2.4a. Tax for area vocational education programs. | ||||||
7 | (a) The school board of any district participating in a | ||||||
8 | joint agreement for an area vocational education center, as | ||||||
9 | described in Section 10-22.20a of this Code, and having a | ||||||
10 | population of less than 500,000 inhabitants may, by proper | ||||||
11 | resolution and upon condition that there are insufficient funds | ||||||
12 | available in the education fund of the district to pay the cost | ||||||
13 | of the area vocational education center, levy an annual tax | ||||||
14 | upon the value of the taxable
property within its territory, as | ||||||
15 | equalized or assessed by the Department of Revenue, for area | ||||||
16 | vocational education purposes, including the purposes | ||||||
17 | authorized by Section 10-22.20a, as follows: | ||||||
18 | (1) for districts maintaining only grades 9 through 12: | ||||||
19 | 0.02%; and | ||||||
20 | (2) for districts maintaining only grades kindergarten | ||||||
21 | through 12: 0.04%. | ||||||
22 | No school board may vote on a resolution under this | ||||||
23 | subsection (a) until 2 public hearings regarding the proposed | ||||||
24 | resolution are held at the vocational education center. Notice |
| |||||||
| |||||||
1 | of the public hearings shall be given by the school board of | ||||||
2 | each district that participates in the joint agreement by (i) | ||||||
3 | posting the notice at the last regularly scheduled meeting of | ||||||
4 | the school board to occur prior to the public hearing and (ii) | ||||||
5 | publishing notice of the public hearing in a newspaper of | ||||||
6 | general circulation published within the school district. If | ||||||
7 | there is no newspaper of general circulation published within | ||||||
8 | the school district, then notice shall be published in a | ||||||
9 | newspaper of general circulation published within the county in | ||||||
10 | which the school district is located. If there is no newspaper | ||||||
11 | of general circulation published within the school district and | ||||||
12 | the school district is located in more than one county, then | ||||||
13 | notice shall be published in a newspaper of general circulation | ||||||
14 | published in each county in which any part of the school | ||||||
15 | district is located. The notice shall appear not more than 14 | ||||||
16 | days nor less than 7 days prior to the date of the public | ||||||
17 | hearing. The notice shall not be placed in the portion of the | ||||||
18 | newspaper where legal notices and classified advertisements | ||||||
19 | appear. The notice shall appear before each public hearing. | ||||||
20 | The revenue raised by the tax imposed under this Section | ||||||
21 | shall be used only for area vocational education center | ||||||
22 | purposes, including the construction and maintenance of area | ||||||
23 | vocational center education facilities. Upon proper resolution | ||||||
24 | of the school board, the district shall distribute the funds | ||||||
25 | for area vocational center education purposes to the area | ||||||
26 | vocational center within 60 days after receipt. |
| |||||||
| |||||||
1 | (b) If the school board of any district that has levied a | ||||||
2 | tax authorized by this Section withdraws from the joint | ||||||
3 | agreement for area vocational education purposes, that | ||||||
4 | district shall no longer be allowed to levy an annual tax for | ||||||
5 | area vocational education purposes, except as specified in | ||||||
6 | subsection (c) of this Section. | ||||||
7 | (c) The tax rate limits specified in subsection (a) of this | ||||||
8 | Section may be increased to 0.40% by districts maintaining only | ||||||
9 | grades 9 through 12 and to 0.80% by districts maintaining | ||||||
10 | grades kindergarten through 12, upon the approval of a | ||||||
11 | proposition submitted at a regularly scheduled election. The | ||||||
12 | proposition may be initiated by resolution and shall be | ||||||
13 | certified by the secretary to the proper election authorities | ||||||
14 | for submission in accordance with the general election law. If | ||||||
15 | a majority of votes cast on the proposition is in favor | ||||||
16 | thereof, then the school board may annually levy the tax as | ||||||
17 | authorized until such authority is revoked. | ||||||
18 | When the school boards of 2 or more districts enter into a | ||||||
19 | joint agreement for area vocational education programs under | ||||||
20 | Section 10-22.20a, their agreement may provide, or be amended | ||||||
21 | to provide, that the question of the levy of the tax authorized | ||||||
22 | by this Section shall be certified to the proper election | ||||||
23 | authorities for submission to the voters of each of the | ||||||
24 | participating districts in accordance with the general | ||||||
25 | election law at the same election and that the approval of the | ||||||
26 | levy by a majority of the electors voting upon the proposition |
| |||||||
| |||||||
1 | in the area comprising the participating districts, considered | ||||||
2 | as a whole, shall be deemed to authorize the levy in each | ||||||
3 | participating district without regard to the passage or failure | ||||||
4 | of the proposition in any district considered separately. | ||||||
5 | However, any district may withdraw from the joint agreement by | ||||||
6 | reason of the failure of the electors of that district to | ||||||
7 | approve the proposed levy. | ||||||
8 | Any tax imposed under this Section is in addition to all | ||||||
9 | other taxes authorized by law to be levied and collected by a | ||||||
10 | school board of any district participating in a joint agreement | ||||||
11 | for an area vocational education center, and shall not be | ||||||
12 | included within any limitation of rate contained in this Code | ||||||
13 | or any other law. | ||||||
14 | (d) This Section is repealed on January 1, 2014.
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.
|