Sen. John J. Cullerton
Filed: 5/26/2017
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1 | AMENDMENT TO SENATE BILL 484
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2 | AMENDMENT NO. ______. Amend Senate Bill 484 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Property Tax Code is amended by changing | ||||||
5 | Sections 18-185, 18-205, 18-213, and 18-214 as follows: | ||||||
6 | (35 ILCS 200/18-185)
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7 | (Text of Section before amendment by P.A. 99-521 ) | ||||||
8 | Sec. 18-185. Short title; definitions. This Division 5 may | ||||||
9 | be cited as the
Property Tax Extension Limitation Law. As used | ||||||
10 | in this Division 5:
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11 | "Consumer Price Index" means the Consumer Price Index for | ||||||
12 | All Urban
Consumers for all items published by the United | ||||||
13 | States Department of Labor.
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14 | "Extension limitation" , except as otherwise provided in | ||||||
15 | this paragraph, means (a) the lesser of 5% or the percentage | ||||||
16 | increase
in the Consumer Price Index during the 12-month |
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1 | calendar year preceding the
levy year or (b) the rate of | ||||||
2 | increase approved by voters under Section 18-205.
For levy | ||||||
3 | years 2017 and 2018 only, for school districts other than the | ||||||
4 | City of Chicago School District #299 and qualified school | ||||||
5 | districts, "extension limitation" means 0% or the rate of | ||||||
6 | increase approved by the voters under Section 18-205. For levy | ||||||
7 | years 2017 and 2018, if a special purpose extension (i) made | ||||||
8 | for the payment of principal and interest on bonds or other | ||||||
9 | evidences of indebtedness issued by the taxing district or (ii) | ||||||
10 | made for contributions to a pension fund created under the | ||||||
11 | Illinois Pension Code was required to be included in a school | ||||||
12 | district's aggregate extension for the 2016 levy year, then the | ||||||
13 | extension limitation for those extensions for levy years 2017 | ||||||
14 | and 2018 shall be (1) the lesser of 5% or the percentage | ||||||
15 | increase
in the Consumer Price Index during the 12-month | ||||||
16 | calendar year preceding the
levy year or (2) the rate of | ||||||
17 | increase approved by voters under Section 18-205. For levy | ||||||
18 | years 2017 and 2018, for the City of Chicago School District | ||||||
19 | #299 and qualified school districts that were subject to this | ||||||
20 | Law in the 2016 levy year, "extension limitation" means (1) the | ||||||
21 | lesser of 5% or the percentage increase
in the Consumer Price | ||||||
22 | Index during the 12-month calendar year preceding the
levy year | ||||||
23 | or (2) the rate of increase approved by voters under Section | ||||||
24 | 18-205.
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25 | "Affected county" means a county of 3,000,000 or more | ||||||
26 | inhabitants or a
county contiguous to a county of 3,000,000 or |
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1 | more inhabitants.
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2 | "Taxing district" has the same meaning provided in Section | ||||||
3 | 1-150, except as
otherwise provided in this Section. For the | ||||||
4 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||
5 | only each non-home rule taxing district having the
majority of | ||||||
6 | its
1990 equalized assessed value within any county or counties | ||||||
7 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||
8 | Beginning with the 1995 levy
year, "taxing district" includes | ||||||
9 | only each non-home rule taxing district
subject to this Law | ||||||
10 | before the 1995 levy year and each non-home rule
taxing | ||||||
11 | district not subject to this Law before the 1995 levy year | ||||||
12 | having the
majority of its 1994 equalized assessed value in an | ||||||
13 | affected county or
counties. Beginning with the levy year in
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14 | which this Law becomes applicable to a taxing district as
| ||||||
15 | provided in Section 18-213, "taxing district" also includes | ||||||
16 | those taxing
districts made subject to this Law as provided in | ||||||
17 | Section 18-213.
For levy years 2017 and 2018, "taxing district" | ||||||
18 | also includes each school district in the State, but does not | ||||||
19 | include a qualified school district that was not subject to | ||||||
20 | this Law in the 2016 levy year.
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21 | "Aggregate extension" for taxing districts to which this | ||||||
22 | Law applied before
the 1995 levy year means , except with | ||||||
23 | respect to levy years 2017 and 2018, the annual corporate | ||||||
24 | extension for the taxing
district and those special purpose | ||||||
25 | extensions that are made annually for
the taxing district, | ||||||
26 | excluding special purpose extensions: (a) made for the
taxing |
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1 | district to pay interest or principal on general obligation | ||||||
2 | bonds
that were approved by referendum; (b) made for any taxing | ||||||
3 | district to pay
interest or principal on general obligation | ||||||
4 | bonds issued before October 1,
1991; (c) made for any taxing | ||||||
5 | district to pay interest or principal on bonds
issued to refund | ||||||
6 | or continue to refund those bonds issued before October 1,
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7 | 1991; (d)
made for any taxing district to pay interest or | ||||||
8 | principal on bonds
issued to refund or continue to refund bonds | ||||||
9 | issued after October 1, 1991 that
were approved by referendum; | ||||||
10 | (e)
made for any taxing district to pay interest
or principal | ||||||
11 | on revenue bonds issued before October 1, 1991 for payment of
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12 | which a property tax levy or the full faith and credit of the | ||||||
13 | unit of local
government is pledged; however, a tax for the | ||||||
14 | payment of interest or principal
on those bonds shall be made | ||||||
15 | only after the governing body of the unit of local
government | ||||||
16 | finds that all other sources for payment are insufficient to | ||||||
17 | make
those payments; (f) made for payments under a building | ||||||
18 | commission lease when
the lease payments are for the retirement | ||||||
19 | of bonds issued by the commission
before October 1, 1991, to | ||||||
20 | pay for the building project; (g) made for payments
due under | ||||||
21 | installment contracts entered into before October 1, 1991;
(h) | ||||||
22 | made for payments of principal and interest on bonds issued | ||||||
23 | under the
Metropolitan Water Reclamation District Act to | ||||||
24 | finance construction projects
initiated before October 1, | ||||||
25 | 1991; (i) made for payments of principal and
interest on | ||||||
26 | limited bonds, as defined in Section 3 of the Local Government |
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1 | Debt
Reform Act, in an amount not to exceed the debt service | ||||||
2 | extension base less
the amount in items (b), (c), (e), and (h) | ||||||
3 | of this definition for
non-referendum obligations, except | ||||||
4 | obligations initially issued pursuant to
referendum; (j) made | ||||||
5 | for payments of principal and interest on bonds
issued under | ||||||
6 | Section 15 of the Local Government Debt Reform Act; (k)
made
by | ||||||
7 | a school district that participates in the Special Education | ||||||
8 | District of
Lake County, created by special education joint | ||||||
9 | agreement under Section
10-22.31 of the School Code, for | ||||||
10 | payment of the school district's share of the
amounts required | ||||||
11 | to be contributed by the Special Education District of Lake
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12 | County to the Illinois Municipal Retirement Fund under Article | ||||||
13 | 7 of the
Illinois Pension Code; the amount of any extension | ||||||
14 | under this item (k) shall be
certified by the school district | ||||||
15 | to the county clerk; (l) made to fund
expenses of providing | ||||||
16 | joint recreational programs for persons with disabilities | ||||||
17 | under
Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
18 | of the Illinois Municipal Code; (m) made for temporary | ||||||
19 | relocation loan repayment purposes pursuant to Sections 2-3.77 | ||||||
20 | and 17-2.2d of the School Code; (n) made for payment of | ||||||
21 | principal and interest on any bonds issued under the authority | ||||||
22 | of Section 17-2.2d of the School Code; (o) made for | ||||||
23 | contributions to a firefighter's pension fund created under | ||||||
24 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
25 | amount certified under item (5) of Section 4-134 of the | ||||||
26 | Illinois Pension Code; and (p) made for road purposes in the |
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1 | first year after a township assumes the rights, powers, duties, | ||||||
2 | assets, property, liabilities, obligations, and
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3 | responsibilities of a road district abolished under the | ||||||
4 | provisions of Section 6-133 of the Illinois Highway Code.
For | ||||||
5 | levy years 2017 and 2018, this definition of "aggregate | ||||||
6 | extension" applies to each qualified school district that was | ||||||
7 | subject to this definition of "aggregate extension" for the | ||||||
8 | 2016 levy year.
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9 | "Aggregate extension" for the taxing districts to which | ||||||
10 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
11 | districts subject to this Law
in
accordance with Section | ||||||
12 | 18-213) means , except with respect to levy years 2017 and 2018, | ||||||
13 | the annual corporate extension for the
taxing district and | ||||||
14 | those special purpose extensions that are made annually for
the | ||||||
15 | taxing district, excluding special purpose extensions: (a) | ||||||
16 | made for the
taxing district to pay interest or principal on | ||||||
17 | general obligation bonds that
were approved by referendum; (b) | ||||||
18 | made for any taxing district to pay interest
or principal on | ||||||
19 | general obligation bonds issued before March 1, 1995; (c) made
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20 | for any taxing district to pay interest or principal on bonds | ||||||
21 | issued to refund
or continue to refund those bonds issued | ||||||
22 | before March 1, 1995; (d) made for any
taxing district to pay | ||||||
23 | interest or principal on bonds issued to refund or
continue to | ||||||
24 | refund bonds issued after March 1, 1995 that were approved by
| ||||||
25 | referendum; (e) made for any taxing district to pay interest or | ||||||
26 | principal on
revenue bonds issued before March 1, 1995 for |
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1 | payment of which a property tax
levy or the full faith and | ||||||
2 | credit of the unit of local government is pledged;
however, a | ||||||
3 | tax for the payment of interest or principal on those bonds | ||||||
4 | shall be
made only after the governing body of the unit of | ||||||
5 | local government finds that
all other sources for payment are | ||||||
6 | insufficient to make those payments; (f) made
for payments | ||||||
7 | under a building commission lease when the lease payments are | ||||||
8 | for
the retirement of bonds issued by the commission before | ||||||
9 | March 1, 1995 to
pay for the building project; (g) made for | ||||||
10 | payments due under installment
contracts entered into before | ||||||
11 | March 1, 1995; (h) made for payments of
principal and interest | ||||||
12 | on bonds issued under the Metropolitan Water Reclamation
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13 | District Act to finance construction projects initiated before | ||||||
14 | October 1,
1991; (h-4) made for stormwater management purposes | ||||||
15 | by the Metropolitan Water Reclamation District of Greater | ||||||
16 | Chicago under Section 12 of the Metropolitan Water Reclamation | ||||||
17 | District Act; (i) made for payments of principal and interest | ||||||
18 | on limited bonds,
as defined in Section 3 of the Local | ||||||
19 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
20 | service extension base less the amount in items (b),
(c), and | ||||||
21 | (e) of this definition for non-referendum obligations, except
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22 | obligations initially issued pursuant to referendum and bonds | ||||||
23 | described in
subsection (h) 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
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2 | Park District Act for aquarium or
museum projects; (l) made for | ||||||
3 | payments of principal and interest on
bonds
authorized by | ||||||
4 | Public Act 87-1191 or 93-601 and (i) issued pursuant to Section | ||||||
5 | 21.2 of the Cook County Forest
Preserve District Act, (ii) | ||||||
6 | issued under Section 42 of the Cook County
Forest Preserve | ||||||
7 | District Act for zoological park projects, or (iii) issued
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8 | under Section 44.1 of the Cook County Forest Preserve District | ||||||
9 | Act for
botanical gardens projects; (m) made
pursuant
to | ||||||
10 | Section 34-53.5 of the School Code, whether levied annually or | ||||||
11 | not;
(n) made to fund expenses of providing joint recreational | ||||||
12 | programs for persons with disabilities under Section 5-8 of the | ||||||
13 | Park
District Code or Section 11-95-14 of the Illinois | ||||||
14 | Municipal Code;
(o) made by the
Chicago Park
District for | ||||||
15 | recreational programs for persons with disabilities under | ||||||
16 | subsection (c) of
Section
7.06 of the Chicago Park District | ||||||
17 | Act; (p) made for contributions to a firefighter's pension fund | ||||||
18 | created under Article 4 of the Illinois Pension Code, to the | ||||||
19 | extent of the amount certified under item (5) of Section 4-134 | ||||||
20 | of the Illinois Pension Code; and (q) made by Ford Heights | ||||||
21 | School District 169 under Section 17-9.02 of the School Code.
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22 | Notwithstanding the provisions of this amendatory Act of the | ||||||
23 | 100th General Assembly, for the 2017 and 2018 levy years, this | ||||||
24 | definition of "aggregate extension" applies to the City of | ||||||
25 | Chicago School District #299 and each qualified school district | ||||||
26 | that was subject to this definition of "aggregate extension" |
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1 | for the 2016 levy year.
| ||||||
2 | "Aggregate extension" for all taxing districts to which | ||||||
3 | this Law applies in
accordance with Section 18-213, except for | ||||||
4 | those taxing districts subject to
paragraph (2) of subsection | ||||||
5 | (e) of Section 18-213, means , except with respect to levy years | ||||||
6 | 2017 and 2018, the annual corporate
extension for the
taxing | ||||||
7 | district and those special purpose extensions that are made | ||||||
8 | annually for
the taxing district, excluding special purpose | ||||||
9 | extensions: (a) made for the
taxing district to pay interest or | ||||||
10 | principal on general obligation bonds that
were approved by | ||||||
11 | referendum; (b) made for any taxing district to pay interest
or | ||||||
12 | principal on general obligation bonds issued before the date on | ||||||
13 | which the
referendum making this
Law applicable to the taxing | ||||||
14 | district is held; (c) made
for any taxing district to pay | ||||||
15 | interest or principal on bonds issued to refund
or continue to | ||||||
16 | refund those bonds issued before the date on which the
| ||||||
17 | referendum making this Law
applicable to the taxing district is | ||||||
18 | held;
(d) made for any
taxing district to pay interest or | ||||||
19 | principal on bonds issued to refund or
continue to refund bonds | ||||||
20 | issued after the date on which the referendum making
this Law
| ||||||
21 | applicable to the taxing district is held if the bonds were | ||||||
22 | approved by
referendum after the date on which the referendum | ||||||
23 | making this Law
applicable to the taxing district is held; (e) | ||||||
24 | made for any
taxing district to pay interest or principal on
| ||||||
25 | revenue bonds issued before the date on which the referendum | ||||||
26 | making this Law
applicable to the
taxing district is held for |
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| |||||||
1 | payment of which a property tax
levy or the full faith and | ||||||
2 | credit of the unit of local government is pledged;
however, a | ||||||
3 | tax for the payment of interest or principal on those bonds | ||||||
4 | shall be
made only after the governing body of the unit of | ||||||
5 | local government finds that
all other sources for payment are | ||||||
6 | insufficient to make those payments; (f) made
for payments | ||||||
7 | under a building commission lease when the lease payments are | ||||||
8 | for
the retirement of bonds issued by the commission before the | ||||||
9 | date on which the
referendum making this
Law applicable to the | ||||||
10 | taxing district is held to
pay for the building project; (g) | ||||||
11 | made for payments due under installment
contracts entered into | ||||||
12 | before the date on which the referendum making this Law
| ||||||
13 | applicable to
the taxing district is held;
(h) made for | ||||||
14 | payments
of principal and interest on limited bonds,
as defined | ||||||
15 | in Section 3 of the Local Government Debt Reform Act, in an | ||||||
16 | amount
not to exceed the debt service extension base less the | ||||||
17 | amount in items (b),
(c), and (e) of this definition for | ||||||
18 | non-referendum obligations, except
obligations initially | ||||||
19 | issued pursuant to referendum; (i) made for payments
of
| ||||||
20 | principal and interest on bonds issued under Section 15 of the | ||||||
21 | Local Government
Debt Reform Act;
(j)
made for a qualified | ||||||
22 | airport authority to pay interest or principal on
general | ||||||
23 | obligation bonds issued for the purpose of paying obligations | ||||||
24 | due
under, or financing airport facilities required to be | ||||||
25 | acquired, constructed,
installed or equipped pursuant to, | ||||||
26 | contracts entered into before March
1, 1996 (but not including |
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| |||||||
1 | any amendments to such a contract taking effect on
or after | ||||||
2 | that date); (k) made to fund expenses of providing joint
| ||||||
3 | recreational programs for persons with disabilities under | ||||||
4 | Section 5-8 of
the
Park District Code or Section 11-95-14 of | ||||||
5 | the Illinois Municipal Code; (l) made for contributions to a | ||||||
6 | firefighter's pension fund created under Article 4 of the | ||||||
7 | Illinois Pension Code, to the extent of the amount certified | ||||||
8 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
9 | and (m) made for the taxing district to pay interest or | ||||||
10 | principal on general obligation bonds issued pursuant to | ||||||
11 | Section 19-3.10 of the School Code.
For levy years 2017 and | ||||||
12 | 2018, this definition of "aggregate extension" applies to each | ||||||
13 | qualified school district that was subject to this definition | ||||||
14 | of "aggregate extension" for the 2016 levy year.
| ||||||
15 | "Aggregate extension" for all taxing districts to which | ||||||
16 | this Law applies in
accordance with paragraph (2) of subsection | ||||||
17 | (e) of Section 18-213 means , except with respect to levy years | ||||||
18 | 2017 and 2018, the
annual corporate extension for the
taxing | ||||||
19 | district and those special purpose extensions that are made | ||||||
20 | annually for
the taxing district, excluding special purpose | ||||||
21 | extensions: (a) made for the
taxing district to pay interest or | ||||||
22 | principal on general obligation bonds that
were approved by | ||||||
23 | referendum; (b) made for any taxing district to pay interest
or | ||||||
24 | principal on general obligation bonds issued before the | ||||||
25 | effective date of
this amendatory Act of 1997;
(c) made
for any | ||||||
26 | taxing district to pay interest or principal on bonds issued to |
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| |||||||
1 | refund
or continue to refund those bonds issued before the | ||||||
2 | effective date
of this amendatory Act of 1997;
(d) made for any
| ||||||
3 | taxing district to pay interest or principal on bonds issued to | ||||||
4 | refund or
continue to refund bonds issued after the effective | ||||||
5 | date of this amendatory Act
of 1997 if the bonds were approved | ||||||
6 | by referendum after the effective date of
this amendatory Act | ||||||
7 | of 1997;
(e) made for any
taxing district to pay interest or | ||||||
8 | principal on
revenue bonds issued before the effective date of | ||||||
9 | this amendatory Act of 1997
for payment of which a property tax
| ||||||
10 | levy or the full faith and credit of the unit of local | ||||||
11 | government is pledged;
however, a tax for the payment of | ||||||
12 | interest or principal on those bonds shall be
made only after | ||||||
13 | the governing body of the unit of local government finds that
| ||||||
14 | all other sources for payment are insufficient to make those | ||||||
15 | payments; (f) made
for payments under a building commission | ||||||
16 | lease when the lease payments are for
the retirement of bonds | ||||||
17 | issued by the commission before the effective date
of this | ||||||
18 | amendatory Act of 1997
to
pay for the building project; (g) | ||||||
19 | made for payments due under installment
contracts entered into | ||||||
20 | before the effective date of this amendatory Act of
1997;
(h) | ||||||
21 | made for payments
of principal and interest on limited bonds,
| ||||||
22 | as defined in Section 3 of the Local Government Debt Reform | ||||||
23 | Act, in an amount
not to exceed the debt service extension base | ||||||
24 | less the amount in items (b),
(c), and (e) of this definition | ||||||
25 | for non-referendum obligations, except
obligations initially | ||||||
26 | issued pursuant to referendum; (i) made for payments
of
|
| |||||||
| |||||||
1 | principal and interest on bonds issued under Section 15 of the | ||||||
2 | Local Government
Debt Reform Act;
(j)
made for a qualified | ||||||
3 | airport authority to pay interest or principal on
general | ||||||
4 | obligation bonds issued for the purpose of paying obligations | ||||||
5 | due
under, or financing airport facilities required to be | ||||||
6 | acquired, constructed,
installed or equipped pursuant to, | ||||||
7 | contracts entered into before March
1, 1996 (but not including | ||||||
8 | any amendments to such a contract taking effect on
or after | ||||||
9 | that date); (k) made to fund expenses of providing joint
| ||||||
10 | recreational programs for persons with disabilities under | ||||||
11 | Section 5-8 of
the
Park District Code or Section 11-95-14 of | ||||||
12 | the Illinois Municipal Code; and (l) made for contributions to | ||||||
13 | a firefighter's pension fund created under Article 4 of the | ||||||
14 | Illinois Pension Code, to the extent of the amount certified | ||||||
15 | under item (5) of Section 4-134 of the Illinois Pension Code.
| ||||||
16 | For levy years 2017 and 2018, this definition of "aggregate | ||||||
17 | extension" applies to each qualified school district that was | ||||||
18 | subject to this definition of "aggregate extension" for the | ||||||
19 | 2016 levy year.
| ||||||
20 | "Aggregate extension", except with respect to the City of | ||||||
21 | Chicago School District #299 or a qualified school district, | ||||||
22 | for levy years 2017 and 2018, means the annual corporate | ||||||
23 | extension for the taxing district and those special purpose | ||||||
24 | extensions that are made annually for the taxing district, | ||||||
25 | excluding special purpose extensions: (a) made for the payment | ||||||
26 | of principal and interest on bonds or other evidences of |
| |||||||
| |||||||
1 | indebtedness issued by the taxing district; or (b) made for | ||||||
2 | contributions to a pension fund created under the Illinois | ||||||
3 | Pension Code. Notwithstanding the provisions of this | ||||||
4 | definition of "aggregate extension", if a special purpose | ||||||
5 | extension (i) made for the payment of principal and interest on | ||||||
6 | bonds or other evidences of indebtedness issued by the taxing | ||||||
7 | district or (ii) made for contributions to a pension fund | ||||||
8 | created under the Illinois Pension Code was required to be | ||||||
9 | included in a taxing district's aggregate extension for the | ||||||
10 | 2016 levy year, then that special purpose extension is also | ||||||
11 | included in the taxing district's aggregate extension for levy | ||||||
12 | years 2017 and 2018; provided that the extension limitation for | ||||||
13 | those extensions for levy years 2017 and 2018 shall be (1) the | ||||||
14 | lesser of 5% or the percentage increase
in the Consumer Price | ||||||
15 | Index during the 12-month calendar year preceding the
levy year | ||||||
16 | or (2) the rate of increase approved by voters under Section | ||||||
17 | 18-205. | ||||||
18 | "Debt service extension base" means an amount equal to that | ||||||
19 | portion of the
extension for a taxing district for the 1994 | ||||||
20 | levy year, or for those taxing
districts subject to this Law in | ||||||
21 | accordance with Section 18-213, except for
those subject to | ||||||
22 | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| ||||||
23 | year in which the referendum making this Law applicable to the | ||||||
24 | taxing district
is held, or for those taxing districts subject | ||||||
25 | to this Law in accordance with
paragraph (2) of subsection (e) | ||||||
26 | of Section 18-213 for the 1996 levy year , or for those school
|
| |||||||
| |||||||
1 | districts that become subject to this Law as a result of this | ||||||
2 | amendatory Act of the 100th General Assembly for the 2016 levy | ||||||
3 | year ,
constituting an
extension for payment of principal and | ||||||
4 | interest on bonds issued by the taxing
district without | ||||||
5 | referendum, but not including excluded non-referendum bonds. | ||||||
6 | For park districts (i) that were first
subject to this Law in | ||||||
7 | 1991 or 1995 and (ii) whose extension for the 1994 levy
year | ||||||
8 | for the payment of principal and interest on bonds issued by | ||||||
9 | the park
district without referendum (but not including | ||||||
10 | excluded non-referendum bonds)
was less than 51% of the amount | ||||||
11 | for the 1991 levy year constituting an
extension for payment of | ||||||
12 | principal and interest on bonds issued by the park
district | ||||||
13 | without referendum (but not including excluded non-referendum | ||||||
14 | bonds),
"debt service extension base" means an amount equal to | ||||||
15 | that portion of the
extension for the 1991 levy year | ||||||
16 | constituting an extension for payment of
principal and interest | ||||||
17 | on bonds issued by the park district without referendum
(but | ||||||
18 | not including excluded non-referendum bonds). A debt service | ||||||
19 | extension base established or increased at any time pursuant to | ||||||
20 | any provision of this Law, except Section 18-212, shall be | ||||||
21 | increased each year commencing with the later of (i) the 2009 | ||||||
22 | levy year or (ii) the first levy year in which this Law becomes | ||||||
23 | applicable to the taxing district, by the lesser of 5% or the | ||||||
24 | percentage increase in the Consumer Price Index during the | ||||||
25 | 12-month calendar year preceding the levy year. The debt | ||||||
26 | service extension
base may be established or increased as |
| |||||||
| |||||||
1 | provided under Section 18-212.
"Excluded non-referendum bonds" | ||||||
2 | means (i) bonds authorized by Public
Act 88-503 and issued | ||||||
3 | under Section 20a of the Chicago Park District Act for
aquarium | ||||||
4 | and museum projects; (ii) bonds issued under Section 15 of the
| ||||||
5 | Local Government Debt Reform Act; or (iii) refunding | ||||||
6 | obligations issued
to refund or to continue to refund | ||||||
7 | obligations initially issued pursuant to
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 | Notwithstanding any other provision of law, for levy year | ||||||
10 | 2012, the aggregate extension base for West Northfield School | ||||||
11 | District No. 31 in Cook County shall be $12,654,592. | ||||||
12 | "Levy year" has the same meaning as "year" under Section
| ||||||
13 | 1-155.
| ||||||
14 | "New property" means (i) the assessed value, after final | ||||||
15 | board of review or
board of appeals action, of new improvements | ||||||
16 | or additions to existing
improvements on any parcel of real | ||||||
17 | property that increase the assessed value of
that real property | ||||||
18 | during the levy year multiplied by the equalization factor
| ||||||
19 | issued by the Department under Section 17-30, (ii) the assessed | ||||||
20 | value, after
final board of review or board of appeals action, | ||||||
21 | of real property not exempt
from real estate taxation, which | ||||||
22 | real property was exempt from real estate
taxation for any | ||||||
23 | portion of the immediately preceding levy year, multiplied by
| ||||||
24 | the equalization factor issued by the Department under Section | ||||||
25 | 17-30, including the assessed value, upon final stabilization | ||||||
26 | of occupancy after new construction is complete, of any real |
| |||||||
| |||||||
1 | property located within the boundaries of an otherwise or | ||||||
2 | previously exempt military reservation that is intended for | ||||||
3 | residential use and owned by or leased to a private corporation | ||||||
4 | or other entity,
(iii) in counties that classify in accordance | ||||||
5 | with Section 4 of Article
IX of the
Illinois Constitution, an | ||||||
6 | incentive property's additional assessed value
resulting from | ||||||
7 | a
scheduled increase in the level of assessment as applied to | ||||||
8 | the first year
final board of
review market value, and (iv) any | ||||||
9 | increase in assessed value due to oil or gas production from an | ||||||
10 | oil or gas well required to be permitted under the Hydraulic | ||||||
11 | Fracturing Regulatory Act that was not produced in or accounted | ||||||
12 | for during the previous levy year.
In addition, the county | ||||||
13 | clerk in a county containing a population of
3,000,000 or more | ||||||
14 | shall include in the 1997
recovered tax increment value for any | ||||||
15 | school district, any recovered tax
increment value that was | ||||||
16 | applicable to the 1995 tax year calculations.
| ||||||
17 | "Qualified airport authority" means an airport authority | ||||||
18 | organized under
the Airport Authorities Act and located in a | ||||||
19 | county bordering on the State of
Wisconsin and having a | ||||||
20 | population in excess of 200,000 and not greater than
500,000.
| ||||||
21 | "Recovered tax increment value" means, except as otherwise | ||||||
22 | provided in this
paragraph, the amount of the current year's | ||||||
23 | equalized assessed value, in the
first year after a | ||||||
24 | municipality terminates
the designation of an area as a | ||||||
25 | redevelopment project area previously
established under the | ||||||
26 | Tax Increment Allocation Development Act in the Illinois
|
| |||||||
| |||||||
1 | Municipal Code, previously established under the Industrial | ||||||
2 | Jobs Recovery Law
in the Illinois Municipal Code, previously | ||||||
3 | established under the Economic Development Project Area Tax | ||||||
4 | Increment Act of 1995, or previously established under the | ||||||
5 | Economic
Development Area Tax Increment Allocation Act, of each | ||||||
6 | taxable lot, block,
tract, or parcel of real property in the | ||||||
7 | redevelopment project area over and
above the initial equalized | ||||||
8 | assessed value of each property in the
redevelopment project | ||||||
9 | area.
For the taxes which are extended for the 1997 levy year, | ||||||
10 | the recovered tax
increment value for a non-home rule taxing | ||||||
11 | district that first became subject
to this Law for the 1995 | ||||||
12 | levy year because a majority of its 1994 equalized
assessed | ||||||
13 | value was in an affected county or counties shall be increased | ||||||
14 | if a
municipality terminated the designation of an area in 1993 | ||||||
15 | as a redevelopment
project area previously established under | ||||||
16 | the Tax Increment Allocation
Development Act in the Illinois | ||||||
17 | Municipal Code, previously established under
the Industrial | ||||||
18 | Jobs Recovery Law in the Illinois Municipal Code, or previously
| ||||||
19 | established under the Economic Development Area Tax Increment | ||||||
20 | Allocation Act,
by an amount equal to the 1994 equalized | ||||||
21 | assessed value of each taxable lot,
block, tract, or parcel of | ||||||
22 | real property in the redevelopment project area over
and above | ||||||
23 | the initial equalized assessed value of each property in the
| ||||||
24 | redevelopment project area.
In the first year after a | ||||||
25 | municipality
removes a taxable lot, block, tract, or parcel of | ||||||
26 | real property from a
redevelopment project area established |
| |||||||
| |||||||
1 | under the Tax Increment Allocation
Development Act in the | ||||||
2 | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in | ||||||
3 | the Illinois Municipal Code, or the Economic
Development Area | ||||||
4 | Tax Increment Allocation Act, "recovered tax increment value"
| ||||||
5 | means the amount of the current year's equalized assessed value | ||||||
6 | of each taxable
lot, block, tract, or parcel of real property | ||||||
7 | removed from the redevelopment
project area over and above the | ||||||
8 | initial equalized assessed value of that real
property before | ||||||
9 | removal from the redevelopment project area.
| ||||||
10 | Except as otherwise provided in this Section, "limiting | ||||||
11 | rate" means a
fraction the numerator of which is the last
| ||||||
12 | preceding aggregate extension base times an amount equal to one | ||||||
13 | plus the
extension limitation defined in this Section and the | ||||||
14 | denominator of which
is the current year's equalized assessed | ||||||
15 | value of all real property in the
territory under the | ||||||
16 | jurisdiction of the taxing district during the prior
levy year. | ||||||
17 | For those taxing districts that reduced their aggregate
| ||||||
18 | extension for the last preceding levy year, the highest | ||||||
19 | aggregate extension
in any of the last 3 preceding levy years | ||||||
20 | shall be used for the purpose of
computing the limiting rate. | ||||||
21 | The denominator shall not include new
property or the recovered | ||||||
22 | tax increment
value.
If a new rate, a rate decrease, or a | ||||||
23 | limiting rate increase has been approved at an election held | ||||||
24 | after March 21, 2006, then (i) the otherwise applicable | ||||||
25 | limiting rate shall be increased by the amount of the new rate | ||||||
26 | or shall be reduced by the amount of the rate decrease, as the |
| |||||||
| |||||||
1 | case may be, or (ii) in the case of a limiting rate increase, | ||||||
2 | the limiting rate shall be equal to the rate set forth
in the | ||||||
3 | proposition approved by the voters for each of the years | ||||||
4 | specified in the proposition, after
which the limiting rate of | ||||||
5 | the taxing district shall be calculated as otherwise provided. | ||||||
6 | In the case of a taxing district that obtained referendum | ||||||
7 | approval for an increased limiting rate on March 20, 2012, the | ||||||
8 | limiting rate for tax year 2012 shall be the rate that | ||||||
9 | generates the approximate total amount of taxes extendable for | ||||||
10 | that tax year, as set forth in the proposition approved by the | ||||||
11 | voters; this rate shall be the final rate applied by the county | ||||||
12 | clerk for the aggregate of all capped funds of the district for | ||||||
13 | tax year 2012.
| ||||||
14 | "Qualified school district" means, for levy years 2017 and | ||||||
15 | 2018, a school district that has been granted a financial | ||||||
16 | hardship exemption from this amendatory Act of the 100th | ||||||
17 | General Assembly by the State Superintendent of Education; to | ||||||
18 | be eligible for such an exemption, one or more of the following | ||||||
19 | criteria must apply: | ||||||
20 | (1) the district meets the conditions described in | ||||||
21 | subsection (a) of Section 1A-8 of the School Code or in | ||||||
22 | paragraph (3) or (5) of subsection (b) of Section 1A-8 of | ||||||
23 | the School Code; to determine if a school district meets | ||||||
24 | this criteria, the State Superintendent of Education may | ||||||
25 | require a school district, including any district subject | ||||||
26 | to Article 34A of this Code, to share financial information |
| |||||||
| |||||||
1 | relevant to a proper investigation of the district's | ||||||
2 | financial condition; | ||||||
3 | (2) the equalized assessed valuation used in | ||||||
4 | calculating the district's general State aid claim under | ||||||
5 | Section 18-8.05 of the School Code, or the district's | ||||||
6 | evidence-based funding claim under Section 18-8.15 of the | ||||||
7 | School Code, as applicable, for the year in which the | ||||||
8 | district is applying has decreased by 10% or more compared | ||||||
9 | to equalized assessed valuation used for such calculations | ||||||
10 | in the previous school year; | ||||||
11 | (3) the average daily attendance used in calculating | ||||||
12 | the district's general State aid claim, under Section | ||||||
13 | 18-8.05 of the School Code, or the district's | ||||||
14 | evidence-based funding claim under Section 18-8.15 of the | ||||||
15 | School Code, as applicable, for the year in which the | ||||||
16 | district is applying has decreased by 5% or more compared | ||||||
17 | to the average daily attendance used for such calculations | ||||||
18 | in the previous school year; | ||||||
19 | (4) fifty percent or more of the pupils enrolled in the | ||||||
20 | district qualify for free or reduced lunch; | ||||||
21 | (5) twenty percent or more of the pupils enrolled in | ||||||
22 | the district have an individualized education plan (IEP); | ||||||
23 | or | ||||||
24 | (6) the district is a Tier 1 district, as defined in | ||||||
25 | subparagraph (A) of subsection (g) of Section 18-8.15 of | ||||||
26 | the School Code. |
| |||||||
| |||||||
1 | After independently verifying that a district meets one or | ||||||
2 | more of the criteria set forth in items (1) through (6), the | ||||||
3 | State Superintendent shall notify the appropriate taxing | ||||||
4 | authorities that the district is to be exempt from the | ||||||
5 | provisions of this amendatory Act of the 100th General Assembly | ||||||
6 | for the next appropriate levy year. The exemption shall be for | ||||||
7 | a period of one levy year. School districts may reapply on an | ||||||
8 | annual basis to be exempt from the provisions of this | ||||||
9 | amendatory Act of the 100th General Assembly. | ||||||
10 | (Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143, | ||||||
11 | eff. 7-27-15.)
| ||||||
12 | (Text of Section after amendment by P.A. 99-521 ) | ||||||
13 | Sec. 18-185. Short title; definitions. This Division 5 may | ||||||
14 | be cited as the
Property Tax Extension Limitation Law. As used | ||||||
15 | in this Division 5:
| ||||||
16 | "Consumer Price Index" means the Consumer Price Index for | ||||||
17 | All Urban
Consumers for all items published by the United | ||||||
18 | States Department of Labor.
| ||||||
19 | "Extension limitation" , except as otherwise provided in | ||||||
20 | this paragraph, means (a) the lesser of 5% or the percentage | ||||||
21 | increase
in the Consumer Price Index during the 12-month | ||||||
22 | calendar year preceding the
levy year or (b) the rate of | ||||||
23 | increase approved by voters under Section 18-205.
For levy | ||||||
24 | years 2017 and 2018 only, for school districts other than the | ||||||
25 | City of Chicago School District #299 and qualified school |
| |||||||
| |||||||
1 | districts, "extension limitation" means 0% or the rate of | ||||||
2 | increase approved by the voters under Section 18-205. For levy | ||||||
3 | years 2017 and 2018, if a special purpose extension (i) made | ||||||
4 | for the payment of principal and interest on bonds or other | ||||||
5 | evidences of indebtedness issued by the taxing district or (ii) | ||||||
6 | made for contributions to a pension fund created under the | ||||||
7 | Illinois Pension Code was required to be included in a school | ||||||
8 | district's aggregate extension for the 2016 levy year, then the | ||||||
9 | extension limitation for those extensions for levy years 2017 | ||||||
10 | and 2018 shall be (1) the lesser of 5% or the percentage | ||||||
11 | increase
in the Consumer Price Index during the 12-month | ||||||
12 | calendar year preceding the
levy year or (2) the rate of | ||||||
13 | increase approved by voters under Section 18-205. For levy | ||||||
14 | years 2017 and 2018, for the City of Chicago School District | ||||||
15 | #299 and qualified school districts that were subject to this | ||||||
16 | Law in the 2016 levy year, "extension limitation" means (1) the | ||||||
17 | lesser of 5% or the percentage increase
in the Consumer Price | ||||||
18 | Index during the 12-month calendar year preceding the
levy year | ||||||
19 | or (2) the rate of increase approved by voters under Section | ||||||
20 | 18-205.
| ||||||
21 | "Affected county" means a county of 3,000,000 or more | ||||||
22 | inhabitants or a
county contiguous to a county of 3,000,000 or | ||||||
23 | more inhabitants.
| ||||||
24 | "Taxing district" has the same meaning provided in Section | ||||||
25 | 1-150, except as
otherwise provided in this Section. For the | ||||||
26 | 1991 through 1994 levy years only,
"taxing district" includes |
| |||||||
| |||||||
1 | only each non-home rule taxing district having the
majority of | ||||||
2 | its
1990 equalized assessed value within any county or counties | ||||||
3 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||
4 | Beginning with the 1995 levy
year, "taxing district" includes | ||||||
5 | only each non-home rule taxing district
subject to this Law | ||||||
6 | before the 1995 levy year and each non-home rule
taxing | ||||||
7 | district not subject to this Law before the 1995 levy year | ||||||
8 | having the
majority of its 1994 equalized assessed value in an | ||||||
9 | affected county or
counties. Beginning with the levy year in
| ||||||
10 | which this Law becomes applicable to a taxing district as
| ||||||
11 | provided in Section 18-213, "taxing district" also includes | ||||||
12 | those taxing
districts made subject to this Law as provided in | ||||||
13 | Section 18-213.
For levy years 2017 and 2018, "taxing district" | ||||||
14 | also includes each school district in the State, but does not | ||||||
15 | include a qualified school district that was not subject to | ||||||
16 | this Law in the 2016 levy year.
| ||||||
17 | "Aggregate extension" for taxing districts to which this | ||||||
18 | Law applied before
the 1995 levy year means , except with | ||||||
19 | respect to levy years 2017 and 2018, the annual corporate | ||||||
20 | extension for the taxing
district and those special purpose | ||||||
21 | extensions that are made annually for
the taxing district, | ||||||
22 | excluding special purpose extensions: (a) made for the
taxing | ||||||
23 | district to pay interest or principal on general obligation | ||||||
24 | bonds
that were approved by referendum; (b) made for any taxing | ||||||
25 | district to pay
interest or principal on general obligation | ||||||
26 | bonds issued before October 1,
1991; (c) made for any taxing |
| |||||||
| |||||||
1 | district to pay interest or principal on bonds
issued to refund | ||||||
2 | or continue to refund those bonds issued before October 1,
| ||||||
3 | 1991; (d)
made for any taxing district to pay interest or | ||||||
4 | principal on bonds
issued to refund or continue to refund bonds | ||||||
5 | issued after October 1, 1991 that
were approved by referendum; | ||||||
6 | (e)
made for any taxing district to pay interest
or principal | ||||||
7 | on revenue bonds issued before October 1, 1991 for payment of
| ||||||
8 | which a property tax levy or the full faith and credit of the | ||||||
9 | unit of local
government is pledged; however, a tax for the | ||||||
10 | payment of interest or principal
on those bonds shall be made | ||||||
11 | only after the governing body of the unit of local
government | ||||||
12 | finds that all other sources for payment are insufficient to | ||||||
13 | make
those payments; (f) made for payments under a building | ||||||
14 | commission lease when
the lease payments are for the retirement | ||||||
15 | of bonds issued by the commission
before October 1, 1991, to | ||||||
16 | pay for the building project; (g) made for payments
due under | ||||||
17 | installment contracts entered into before October 1, 1991;
(h) | ||||||
18 | made for payments of principal and interest on bonds issued | ||||||
19 | under the
Metropolitan Water Reclamation District Act to | ||||||
20 | finance construction projects
initiated before October 1, | ||||||
21 | 1991; (i) made for payments of principal and
interest on | ||||||
22 | limited bonds, as defined in Section 3 of the Local Government | ||||||
23 | Debt
Reform Act, in an amount not to exceed the debt service | ||||||
24 | extension base less
the amount in items (b), (c), (e), and (h) | ||||||
25 | of this definition for
non-referendum obligations, except | ||||||
26 | obligations initially issued pursuant to
referendum; (j) made |
| |||||||
| |||||||
1 | for payments of principal and interest on bonds
issued under | ||||||
2 | Section 15 of the Local Government Debt Reform Act; (k)
made
by | ||||||
3 | a school district that participates in the Special Education | ||||||
4 | District of
Lake County, created by special education joint | ||||||
5 | agreement under Section
10-22.31 of the School Code, for | ||||||
6 | payment of the school district's share of the
amounts required | ||||||
7 | to be contributed by the Special Education District of Lake
| ||||||
8 | County to the Illinois Municipal Retirement Fund under Article | ||||||
9 | 7 of the
Illinois Pension Code; the amount of any extension | ||||||
10 | under this item (k) shall be
certified by the school district | ||||||
11 | to the county clerk; (l) made to fund
expenses of providing | ||||||
12 | joint recreational programs for persons with disabilities | ||||||
13 | under
Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
14 | of the Illinois Municipal Code; (m) made for temporary | ||||||
15 | relocation loan repayment purposes pursuant to Sections 2-3.77 | ||||||
16 | and 17-2.2d of the School Code; (n) made for payment of | ||||||
17 | principal and interest on any bonds issued under the authority | ||||||
18 | of Section 17-2.2d of the School Code; (o) made for | ||||||
19 | contributions to a firefighter's pension fund created under | ||||||
20 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
21 | amount certified under item (5) of Section 4-134 of the | ||||||
22 | Illinois Pension Code; and (p) made for road purposes in the | ||||||
23 | first year after a township assumes the rights, powers, duties, | ||||||
24 | assets, property, liabilities, obligations, and
| ||||||
25 | responsibilities of a road district abolished under the | ||||||
26 | provisions of Section 6-133 of the Illinois Highway Code.
For |
| |||||||
| |||||||
1 | levy years 2017 and 2018, this definition of "aggregate | ||||||
2 | extension" applies to each qualified school district that was | ||||||
3 | subject to this definition of "aggregate extension" for the | ||||||
4 | 2016 levy year.
| ||||||
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 , except with respect to levy years 2017 and 2018, | ||||||
9 | the annual corporate extension for the
taxing district and | ||||||
10 | those special purpose extensions that are made annually for
the | ||||||
11 | taxing district, excluding special purpose extensions: (a) | ||||||
12 | made for the
taxing district to pay interest or principal on | ||||||
13 | general obligation bonds that
were approved by referendum; (b) | ||||||
14 | made for any taxing district to pay interest
or principal on | ||||||
15 | general obligation bonds issued before March 1, 1995; (c) made
| ||||||
16 | for any taxing district to pay interest or principal on bonds | ||||||
17 | issued to refund
or continue to refund those bonds issued | ||||||
18 | before March 1, 1995; (d) made for any
taxing district to pay | ||||||
19 | interest or principal on bonds issued to refund or
continue to | ||||||
20 | refund bonds issued after March 1, 1995 that were approved by
| ||||||
21 | referendum; (e) made for any taxing district to pay interest or | ||||||
22 | principal on
revenue bonds issued before March 1, 1995 for | ||||||
23 | payment of which a property tax
levy or the full faith and | ||||||
24 | credit of the unit of local government is pledged;
however, a | ||||||
25 | tax for the payment of interest or principal on those bonds | ||||||
26 | shall be
made only after the governing body of the unit of |
| |||||||
| |||||||
1 | local government finds that
all other sources for payment are | ||||||
2 | insufficient to make those payments; (f) made
for payments | ||||||
3 | under a building commission lease when the lease payments are | ||||||
4 | for
the retirement of bonds issued by the commission before | ||||||
5 | March 1, 1995 to
pay for the building project; (g) made for | ||||||
6 | payments due under installment
contracts entered into before | ||||||
7 | March 1, 1995; (h) made for payments of
principal and interest | ||||||
8 | on bonds issued under the Metropolitan Water Reclamation
| ||||||
9 | District Act to finance construction projects initiated before | ||||||
10 | October 1,
1991; (h-4) made for stormwater management purposes | ||||||
11 | by the Metropolitan Water Reclamation District of Greater | ||||||
12 | Chicago under Section 12 of the Metropolitan Water Reclamation | ||||||
13 | District Act; (i) made for payments of principal and interest | ||||||
14 | on limited bonds,
as defined in Section 3 of the Local | ||||||
15 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
16 | service extension base less the amount in items (b),
(c), and | ||||||
17 | (e) of this definition for non-referendum obligations, except
| ||||||
18 | obligations initially issued pursuant to referendum and bonds | ||||||
19 | described in
subsection (h) of this definition; (j) made for | ||||||
20 | payments of
principal and interest on bonds issued under | ||||||
21 | Section 15 of the Local Government
Debt Reform Act; (k) made | ||||||
22 | for payments of principal and interest on bonds
authorized by | ||||||
23 | Public Act 88-503 and issued under Section 20a of the Chicago
| ||||||
24 | Park District Act for aquarium or
museum projects; (l) made for | ||||||
25 | payments of principal and interest on
bonds
authorized by | ||||||
26 | Public Act 87-1191 or 93-601 and (i) issued pursuant to Section |
| |||||||
| |||||||
1 | 21.2 of the Cook County Forest
Preserve District Act, (ii) | ||||||
2 | issued under Section 42 of the Cook County
Forest Preserve | ||||||
3 | District Act for zoological park projects, or (iii) issued
| ||||||
4 | under Section 44.1 of the Cook County Forest Preserve District | ||||||
5 | Act for
botanical gardens projects; (m) made
pursuant
to | ||||||
6 | Section 34-53.5 of the School Code, whether levied annually or | ||||||
7 | not;
(n) made to fund expenses of providing joint recreational | ||||||
8 | programs for persons with disabilities under Section 5-8 of the | ||||||
9 | Park
District Code or Section 11-95-14 of the Illinois | ||||||
10 | Municipal Code;
(o) made by the
Chicago Park
District for | ||||||
11 | recreational programs for persons with disabilities under | ||||||
12 | subsection (c) of
Section
7.06 of the Chicago Park District | ||||||
13 | Act; (p) made for contributions to a firefighter's pension fund | ||||||
14 | created under Article 4 of the Illinois Pension Code, to the | ||||||
15 | extent of the amount certified under item (5) of Section 4-134 | ||||||
16 | of the Illinois Pension Code; (q) made by Ford Heights School | ||||||
17 | District 169 under Section 17-9.02 of the School Code; and (r) | ||||||
18 | made for the purpose of making employer contributions to the | ||||||
19 | Public School Teachers' Pension and Retirement Fund of Chicago | ||||||
20 | under Section 34-53 of the School Code.
Notwithstanding the | ||||||
21 | provisions of this amendatory Act of the 100th General | ||||||
22 | Assembly, for levy years 2017 and 2018, this definition of | ||||||
23 | "aggregate extension" applies to the City of Chicago School | ||||||
24 | District #299 and each qualified school district that was | ||||||
25 | subject to this definition of "aggregate extension" for the | ||||||
26 | 2016 levy year.
|
| |||||||
| |||||||
1 | "Aggregate extension" for all taxing districts to which | ||||||
2 | this Law applies in
accordance with Section 18-213, except for | ||||||
3 | those taxing districts subject to
paragraph (2) of subsection | ||||||
4 | (e) of Section 18-213, means , except with respect to levy years | ||||||
5 | 2017 and 2018, the annual corporate
extension for the
taxing | ||||||
6 | district and those special purpose extensions that are made | ||||||
7 | annually for
the taxing district, excluding special purpose | ||||||
8 | extensions: (a) made for the
taxing district to pay interest or | ||||||
9 | principal on general obligation bonds that
were approved by | ||||||
10 | referendum; (b) made for any taxing district to pay interest
or | ||||||
11 | principal on general obligation bonds issued before the date on | ||||||
12 | which the
referendum making this
Law applicable to the taxing | ||||||
13 | district is held; (c) made
for any taxing district to pay | ||||||
14 | interest or principal on bonds issued to refund
or continue to | ||||||
15 | refund those bonds issued before the date on which the
| ||||||
16 | referendum making this Law
applicable to the taxing district is | ||||||
17 | held;
(d) made for any
taxing district to pay interest or | ||||||
18 | principal on bonds issued to refund or
continue to refund bonds | ||||||
19 | issued after the date on which the referendum making
this Law
| ||||||
20 | applicable to the taxing district is held if the bonds were | ||||||
21 | approved by
referendum after the date on which the referendum | ||||||
22 | making this Law
applicable to the taxing district is held; (e) | ||||||
23 | made for any
taxing district to pay interest or principal on
| ||||||
24 | revenue bonds issued before the date on which the referendum | ||||||
25 | making this Law
applicable to the
taxing district is held for | ||||||
26 | payment of which a property tax
levy or the full faith and |
| |||||||
| |||||||
1 | credit of the unit of local government is pledged;
however, a | ||||||
2 | tax for the payment of interest or principal on those bonds | ||||||
3 | shall be
made only after the governing body of the unit of | ||||||
4 | local government finds that
all other sources for payment are | ||||||
5 | insufficient to make those payments; (f) made
for payments | ||||||
6 | under a building commission lease when the lease payments are | ||||||
7 | for
the retirement of bonds issued by the commission before the | ||||||
8 | date on which the
referendum making this
Law applicable to the | ||||||
9 | taxing district is held to
pay for the building project; (g) | ||||||
10 | made for payments due under installment
contracts entered into | ||||||
11 | before the date on which the referendum making this Law
| ||||||
12 | applicable to
the taxing district is held;
(h) made for | ||||||
13 | payments
of principal and interest on limited bonds,
as defined | ||||||
14 | in Section 3 of the Local Government Debt Reform Act, in an | ||||||
15 | amount
not to exceed the debt service extension base less the | ||||||
16 | amount in items (b),
(c), and (e) of this definition for | ||||||
17 | non-referendum obligations, except
obligations initially | ||||||
18 | issued pursuant to referendum; (i) made for payments
of
| ||||||
19 | principal and interest on bonds issued under Section 15 of the | ||||||
20 | Local Government
Debt Reform Act;
(j)
made for a qualified | ||||||
21 | airport authority to pay interest or principal on
general | ||||||
22 | obligation bonds issued for the purpose of paying obligations | ||||||
23 | due
under, or financing airport facilities required to be | ||||||
24 | acquired, constructed,
installed or equipped pursuant to, | ||||||
25 | contracts entered into before March
1, 1996 (but not including | ||||||
26 | any amendments to such a contract taking effect on
or after |
| |||||||
| |||||||
1 | that date); (k) made to fund expenses of providing joint
| ||||||
2 | recreational programs for persons with disabilities under | ||||||
3 | Section 5-8 of
the
Park District Code or Section 11-95-14 of | ||||||
4 | the Illinois Municipal Code; (l) made for contributions to a | ||||||
5 | firefighter's pension fund created under Article 4 of the | ||||||
6 | Illinois Pension Code, to the extent of the amount certified | ||||||
7 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
8 | and (m) made for the taxing district to pay interest or | ||||||
9 | principal on general obligation bonds issued pursuant to | ||||||
10 | Section 19-3.10 of the School Code.
For levy years 2017 and | ||||||
11 | 2018, this definition of "aggregate extension" applies to each | ||||||
12 | qualified school district that was subject to this definition | ||||||
13 | of "aggregate extension" for the 2016 levy year.
| ||||||
14 | "Aggregate extension" for all taxing districts to which | ||||||
15 | this Law applies in
accordance with paragraph (2) of subsection | ||||||
16 | (e) of Section 18-213 means , except with respect to levy years | ||||||
17 | 2017 and 2018, the
annual corporate extension for the
taxing | ||||||
18 | district and those special purpose extensions that are made | ||||||
19 | annually for
the taxing district, excluding special purpose | ||||||
20 | extensions: (a) made for the
taxing district to pay interest or | ||||||
21 | principal on general obligation bonds that
were approved by | ||||||
22 | referendum; (b) made for any taxing district to pay interest
or | ||||||
23 | principal on general obligation bonds issued before the | ||||||
24 | effective date of
this amendatory Act of 1997;
(c) made
for any | ||||||
25 | taxing district to pay interest or principal on bonds issued to | ||||||
26 | refund
or continue to refund those bonds issued before the |
| |||||||
| |||||||
1 | effective date
of this amendatory Act of 1997;
(d) made for any
| ||||||
2 | taxing district to pay interest or principal on bonds issued to | ||||||
3 | refund or
continue to refund bonds issued after the effective | ||||||
4 | date of this amendatory Act
of 1997 if the bonds were approved | ||||||
5 | by referendum after the effective date of
this amendatory Act | ||||||
6 | of 1997;
(e) made for any
taxing district to pay interest or | ||||||
7 | principal on
revenue bonds issued before the effective date of | ||||||
8 | this amendatory Act of 1997
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 effective date
of this | ||||||
17 | amendatory Act of 1997
to
pay for the building project; (g) | ||||||
18 | made for payments due under installment
contracts entered into | ||||||
19 | before the effective date of this amendatory Act of
1997;
(h) | ||||||
20 | made for payments
of principal and interest on limited bonds,
| ||||||
21 | as defined in Section 3 of the Local Government Debt Reform | ||||||
22 | Act, in an amount
not to exceed the debt service extension base | ||||||
23 | less the amount in items (b),
(c), and (e) of this definition | ||||||
24 | for non-referendum obligations, except
obligations initially | ||||||
25 | issued pursuant to referendum; (i) made for payments
of
| ||||||
26 | principal and interest on bonds issued under Section 15 of the |
| |||||||
| |||||||
1 | Local Government
Debt Reform Act;
(j)
made for a qualified | ||||||
2 | airport authority to pay interest or principal on
general | ||||||
3 | obligation bonds issued for the purpose of paying obligations | ||||||
4 | due
under, or financing airport facilities required to be | ||||||
5 | acquired, constructed,
installed or equipped pursuant to, | ||||||
6 | contracts entered into before March
1, 1996 (but not including | ||||||
7 | any amendments to such a contract taking effect on
or after | ||||||
8 | that date); (k) made to fund expenses of providing joint
| ||||||
9 | recreational programs for persons with disabilities under | ||||||
10 | Section 5-8 of
the
Park District Code or Section 11-95-14 of | ||||||
11 | the Illinois Municipal Code; and (l) made for contributions to | ||||||
12 | a 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 | For levy years 2017 and 2018, this definition of "aggregate | ||||||
16 | extension" applies to each qualified school district that was | ||||||
17 | subject to this definition of "aggregate extension" for the | ||||||
18 | 2016 levy year.
| ||||||
19 | "Aggregate extension", except with respect to the City of | ||||||
20 | Chicago School District #299 or a qualified school district, | ||||||
21 | for levy years 2017 and 2018, means the annual corporate | ||||||
22 | extension for the taxing district and those special purpose | ||||||
23 | extensions that are made annually for the taxing district, | ||||||
24 | excluding special purpose extensions: (a) made for the payment | ||||||
25 | of principal and interest on bonds or other evidences of | ||||||
26 | indebtedness issued by the taxing district; or (b) made for |
| |||||||
| |||||||
1 | contributions to a pension fund created under the Illinois | ||||||
2 | Pension Code. Notwithstanding the provisions of this | ||||||
3 | definition of "aggregate extension", if a special purpose | ||||||
4 | extension (i) made for the payment of principal and interest on | ||||||
5 | bonds or other evidences of indebtedness issued by the taxing | ||||||
6 | district or (ii) made for contributions to a pension fund | ||||||
7 | created under the Illinois Pension Code was required to be | ||||||
8 | included in a taxing district's aggregate extension for the | ||||||
9 | 2016 levy year, then that special purpose extension is also | ||||||
10 | included in the taxing district's aggregate extension for levy | ||||||
11 | years 2017 and 2018; provided that the extension limitation for | ||||||
12 | those extensions for levy years 2017 and 2018 shall be (1) the | ||||||
13 | lesser of 5% or the percentage increase
in the Consumer Price | ||||||
14 | Index during the 12-month calendar year preceding the
levy year | ||||||
15 | or (2) the rate of increase approved by voters under Section | ||||||
16 | 18-205. | ||||||
17 | "Debt service extension base" means an amount equal to that | ||||||
18 | portion of the
extension for a taxing district for the 1994 | ||||||
19 | levy year, or for those taxing
districts subject to this Law in | ||||||
20 | accordance with Section 18-213, except for
those subject to | ||||||
21 | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| ||||||
22 | year in which the referendum making this Law applicable to the | ||||||
23 | taxing district
is held, or for those taxing districts subject | ||||||
24 | to this Law in accordance with
paragraph (2) of subsection (e) | ||||||
25 | of Section 18-213 for the 1996 levy year , or for those taxing
| ||||||
26 | districts that become subject to this Law as a result of this |
| |||||||
| |||||||
1 | amendatory Act of the 100th General Assembly for the 2016 levy | ||||||
2 | year ,
constituting an
extension for payment of principal and | ||||||
3 | interest on bonds issued by the taxing
district without | ||||||
4 | referendum, but not including excluded non-referendum bonds. | ||||||
5 | For park districts (i) that were first
subject to this Law in | ||||||
6 | 1991 or 1995 and (ii) whose extension for the 1994 levy
year | ||||||
7 | for the payment of principal and interest on bonds issued by | ||||||
8 | the park
district without referendum (but not including | ||||||
9 | excluded non-referendum bonds)
was less than 51% of the amount | ||||||
10 | for the 1991 levy year constituting an
extension for payment of | ||||||
11 | principal and interest on bonds issued by the park
district | ||||||
12 | without referendum (but not including excluded non-referendum | ||||||
13 | bonds),
"debt service extension base" means an amount equal to | ||||||
14 | that portion of the
extension for the 1991 levy year | ||||||
15 | constituting an extension for payment of
principal and interest | ||||||
16 | on bonds issued by the park district without referendum
(but | ||||||
17 | not including excluded non-referendum bonds). A debt service | ||||||
18 | extension base established or increased at any time pursuant to | ||||||
19 | any provision of this Law, except Section 18-212, shall be | ||||||
20 | increased each year commencing with the later of (i) the 2009 | ||||||
21 | levy year or (ii) the first levy year in which this Law becomes | ||||||
22 | applicable to the taxing district, by the lesser of 5% or the | ||||||
23 | percentage increase in the Consumer Price Index during the | ||||||
24 | 12-month calendar year preceding the levy year. The debt | ||||||
25 | service extension
base may be established or increased as | ||||||
26 | provided under Section 18-212.
"Excluded non-referendum bonds" |
| |||||||
| |||||||
1 | means (i) bonds authorized by Public
Act 88-503 and issued | ||||||
2 | under Section 20a of the Chicago Park District Act for
aquarium | ||||||
3 | and museum projects; (ii) bonds issued under Section 15 of the
| ||||||
4 | Local Government Debt Reform Act; or (iii) refunding | ||||||
5 | obligations issued
to refund or to continue to refund | ||||||
6 | obligations initially issued pursuant to
referendum.
| ||||||
7 | "Special purpose extensions" include, but are not limited | ||||||
8 | to, extensions
for levies made on an annual basis for | ||||||
9 | unemployment and workers'
compensation, self-insurance, | ||||||
10 | contributions to pension plans, and extensions
made pursuant to | ||||||
11 | Section 6-601 of the Illinois Highway Code for a road
| ||||||
12 | district's permanent road fund whether levied annually or not. | ||||||
13 | The
extension for a special service area is not included in the
| ||||||
14 | aggregate extension.
| ||||||
15 | "Aggregate extension base" means the taxing district's | ||||||
16 | last preceding
aggregate extension as adjusted under Sections | ||||||
17 | 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 | ||||||
18 | shall be made for the 2007 levy year and all subsequent levy | ||||||
19 | years whenever one or more counties within which a taxing | ||||||
20 | district is located (i) used estimated valuations or rates when | ||||||
21 | extending taxes in the taxing district for the last preceding | ||||||
22 | levy year that resulted in the over or under extension of | ||||||
23 | taxes, or (ii) increased or decreased the tax extension for the | ||||||
24 | last preceding levy year as required by Section 18-135(c). | ||||||
25 | Whenever an adjustment is required under Section 18-135, the | ||||||
26 | aggregate extension base of the taxing district shall be equal |
| |||||||
| |||||||
1 | to the amount that the aggregate extension of the taxing | ||||||
2 | district would have been for the last preceding levy year if | ||||||
3 | either or both (i) actual, rather than estimated, valuations or | ||||||
4 | rates had been used to calculate the extension of taxes for the | ||||||
5 | last levy year, or (ii) the tax extension for the last | ||||||
6 | preceding levy year had not been adjusted as required by | ||||||
7 | subsection (c) of Section 18-135.
| ||||||
8 | Notwithstanding any other provision of law, for levy year | ||||||
9 | 2012, the aggregate extension base for West Northfield School | ||||||
10 | District No. 31 in Cook County shall be $12,654,592. | ||||||
11 | "Levy year" has the same meaning as "year" under Section
| ||||||
12 | 1-155.
| ||||||
13 | "New property" means (i) the assessed value, after final | ||||||
14 | board of review or
board of appeals action, of new improvements | ||||||
15 | or additions to existing
improvements on any parcel of real | ||||||
16 | property that increase the assessed value of
that real property | ||||||
17 | during the levy year multiplied by the equalization factor
| ||||||
18 | issued by the Department under Section 17-30, (ii) the assessed | ||||||
19 | value, after
final board of review or board of appeals action, | ||||||
20 | of real property not exempt
from real estate taxation, which | ||||||
21 | real property was exempt from real estate
taxation for any | ||||||
22 | portion of the immediately preceding levy year, multiplied by
| ||||||
23 | the equalization factor issued by the Department under Section | ||||||
24 | 17-30, including the assessed value, upon final stabilization | ||||||
25 | of occupancy after new construction is complete, of any real | ||||||
26 | property located within the boundaries of an otherwise or |
| |||||||
| |||||||
1 | previously exempt military reservation that is intended for | ||||||
2 | residential use and owned by or leased to a private corporation | ||||||
3 | or other entity,
(iii) in counties that classify in accordance | ||||||
4 | with Section 4 of Article
IX of the
Illinois Constitution, an | ||||||
5 | incentive property's additional assessed value
resulting from | ||||||
6 | a
scheduled increase in the level of assessment as applied to | ||||||
7 | the first year
final board of
review market value, and (iv) any | ||||||
8 | increase in assessed value due to oil or gas production from an | ||||||
9 | oil or gas well required to be permitted under the Hydraulic | ||||||
10 | Fracturing Regulatory Act that was not produced in or accounted | ||||||
11 | for during the previous levy year.
In addition, the county | ||||||
12 | clerk in a county containing a population of
3,000,000 or more | ||||||
13 | shall include in the 1997
recovered tax increment value for any | ||||||
14 | school district, any recovered tax
increment value that was | ||||||
15 | applicable to the 1995 tax year calculations.
| ||||||
16 | "Qualified airport authority" means an airport authority | ||||||
17 | organized under
the Airport Authorities Act and located in a | ||||||
18 | county bordering on the State of
Wisconsin and having a | ||||||
19 | population in excess of 200,000 and not greater than
500,000.
| ||||||
20 | "Recovered tax increment value" means, except as otherwise | ||||||
21 | provided in this
paragraph, the amount of the current year's | ||||||
22 | equalized assessed value, in the
first year after a | ||||||
23 | municipality terminates
the designation of an area as a | ||||||
24 | redevelopment project area previously
established under the | ||||||
25 | Tax Increment Allocation Development Act in the Illinois
| ||||||
26 | Municipal Code, previously established under the Industrial |
| |||||||
| |||||||
1 | Jobs Recovery Law
in the Illinois Municipal Code, previously | ||||||
2 | established under the Economic Development Project Area Tax | ||||||
3 | Increment Act of 1995, or previously established under the | ||||||
4 | Economic
Development Area Tax Increment Allocation Act, of each | ||||||
5 | taxable lot, block,
tract, or parcel of real property in the | ||||||
6 | redevelopment project area over and
above the initial equalized | ||||||
7 | assessed value of each property in the
redevelopment project | ||||||
8 | area.
For the taxes which are extended for the 1997 levy year, | ||||||
9 | the recovered tax
increment value for a non-home rule taxing | ||||||
10 | district that first became subject
to this Law for the 1995 | ||||||
11 | levy year because a majority of its 1994 equalized
assessed | ||||||
12 | value was in an affected county or counties shall be increased | ||||||
13 | if a
municipality terminated the designation of an area in 1993 | ||||||
14 | as a redevelopment
project area previously established under | ||||||
15 | the Tax Increment Allocation
Development Act in the Illinois | ||||||
16 | Municipal Code, previously established under
the Industrial | ||||||
17 | Jobs Recovery Law in the Illinois Municipal Code, or previously
| ||||||
18 | established under the Economic Development Area Tax Increment | ||||||
19 | Allocation Act,
by an amount equal to the 1994 equalized | ||||||
20 | assessed value of each taxable lot,
block, tract, or parcel of | ||||||
21 | real property in the redevelopment project area over
and above | ||||||
22 | the initial equalized assessed value of each property in the
| ||||||
23 | redevelopment project area.
In the first year after a | ||||||
24 | municipality
removes a taxable lot, block, tract, or parcel of | ||||||
25 | real property from a
redevelopment project area established | ||||||
26 | under the Tax Increment Allocation
Development Act in the |
| |||||||
| |||||||
1 | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in | ||||||
2 | the Illinois Municipal Code, or the Economic
Development Area | ||||||
3 | Tax Increment Allocation Act, "recovered tax increment value"
| ||||||
4 | means the amount of the current year's equalized assessed value | ||||||
5 | of each taxable
lot, block, tract, or parcel of real property | ||||||
6 | removed from the redevelopment
project area over and above the | ||||||
7 | initial equalized assessed value of that real
property before | ||||||
8 | removal from the redevelopment project area.
| ||||||
9 | Except as otherwise provided in this Section, "limiting | ||||||
10 | rate" means a
fraction the numerator of which is the last
| ||||||
11 | preceding aggregate extension base times an amount equal to one | ||||||
12 | plus the
extension limitation defined in this Section and the | ||||||
13 | denominator of which
is the current year's equalized assessed | ||||||
14 | value of all real property in the
territory under the | ||||||
15 | jurisdiction of the taxing district during the prior
levy year. | ||||||
16 | For those taxing districts that reduced their aggregate
| ||||||
17 | extension for the last preceding levy year, the highest | ||||||
18 | aggregate extension
in any of the last 3 preceding levy years | ||||||
19 | shall be used for the purpose of
computing the limiting rate. | ||||||
20 | The 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, |
| |||||||
| |||||||
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 | "Qualified school district" means, for levy years 2017 and | ||||||
14 | 2018, a school district that has been granted a financial | ||||||
15 | hardship exemption from this amendatory Act of the 100th | ||||||
16 | General Assembly by the State Superintendent of Education; to | ||||||
17 | be eligible for such an exemption, one or more of the following | ||||||
18 | criteria must apply: | ||||||
19 | (1) the district meets the conditions described in | ||||||
20 | subsection (a) of Section 1A-8 of the School Code or in | ||||||
21 | paragraph (3) or (5) of subsection (b) of Section 1A-8 of | ||||||
22 | the School Code; to determine if a school district meets | ||||||
23 | this criteria, the State Superintendent of Education may | ||||||
24 | require a school district, including any district subject | ||||||
25 | to Article 34A of this Code, to share financial information | ||||||
26 | relevant to a proper investigation of the district's |
| |||||||
| |||||||
1 | financial condition; | ||||||
2 | (2) the equalized assessed valuation used in | ||||||
3 | calculating the district's general State aid claim under | ||||||
4 | Section 18-8.05 of the School Code, or the district's | ||||||
5 | evidence-based funding claim under Section 18-8.15 of the | ||||||
6 | School Code, as applicable, for the year in which the | ||||||
7 | district is applying has decreased by 10% or more compared | ||||||
8 | to equalized assessed valuation used for such calculations | ||||||
9 | in the previous school year; | ||||||
10 | (3) the average daily attendance used in calculating | ||||||
11 | the district's general State aid claim, under Section | ||||||
12 | 18-8.05 of the School Code, or the district's | ||||||
13 | evidence-based funding claim under Section 18-8.15 of the | ||||||
14 | School Code, as applicable, for the year in which the | ||||||
15 | district is applying has decreased by 5% or more compared | ||||||
16 | to the average daily attendance used for such calculations | ||||||
17 | in the previous school year; | ||||||
18 | (4) fifty percent or more of the pupils enrolled in the | ||||||
19 | district qualify for free or reduced lunch; | ||||||
20 | (5) twenty percent or more of the pupils enrolled in | ||||||
21 | the district have an individualized education plan (IEP); | ||||||
22 | or | ||||||
23 | (6) the district is a Tier 1 district, as defined in | ||||||
24 | subparagraph (A) of subsection (g) of Section 18-8.15 of | ||||||
25 | the School Code. | ||||||
26 | After independently verifying that a district meets one or |
| |||||||
| |||||||
1 | more of the criteria set forth in items (1) through (6), the | ||||||
2 | State Superintendent shall notify the appropriate taxing | ||||||
3 | authorities that the district is to be exempt from the | ||||||
4 | provisions of this amendatory Act of the 100th General Assembly | ||||||
5 | for the next appropriate levy year. The exemption shall be for | ||||||
6 | a period of one levy year. School districts may reapply on an | ||||||
7 | annual basis to be exempt from the provisions of this | ||||||
8 | amendatory Act of the 100th General Assembly. | ||||||
9 | (Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143, | ||||||
10 | eff. 7-27-15; 99-521, eff. 6-1-17.)
| ||||||
11 | (35 ILCS 200/18-205)
| ||||||
12 | Sec. 18-205. Referendum to increase the extension | ||||||
13 | limitation. | ||||||
14 | (a) A taxing
district is limited to an extension limitation | ||||||
15 | as defined in Section 18-185 of 5% or the percentage increase
| ||||||
16 | in the Consumer Price Index during the 12-month calendar year | ||||||
17 | preceding the
levy year, whichever is less . A taxing district | ||||||
18 | may increase its extension
limitation for one or more levy | ||||||
19 | years if that taxing district holds a referendum
before the | ||||||
20 | levy date for the first levy year at which a majority of voters | ||||||
21 | voting on the issue approves
adoption of a higher extension | ||||||
22 | limitation. Referenda shall be conducted at a
regularly | ||||||
23 | scheduled election in accordance with the Election Code. | ||||||
24 | (b) The question shall be presented in
substantially the | ||||||
25 | following manner for all elections held after March 21, 2006 :
|
| |||||||
| |||||||
1 | Shall the extension limitation under the Property Tax | ||||||
2 | Extension Limitation Law for (insert the legal name, | ||||||
3 | number, if any, and county or counties of the taxing | ||||||
4 | district and geographic or other common name by which a | ||||||
5 | school or community college district is known and referred | ||||||
6 | to), Illinois, be increased from (applicable extension | ||||||
7 | limitation set forth in Section 18-185) the lesser of 5% or | ||||||
8 | the percentage increase in the Consumer Price Index over | ||||||
9 | the prior levy year to (insert the percentage of the | ||||||
10 | proposed increase)% per year for (insert each levy year for | ||||||
11 | which the increased extension limitation will apply)? | ||||||
12 | (c) The votes must be recorded as "Yes" or "No".
| ||||||
13 | If a majority of voters voting on the issue approves the | ||||||
14 | adoption of
the increase, the increase shall be applicable for | ||||||
15 | each
levy year specified.
| ||||||
16 | (d) The ballot for any question submitted pursuant to this | ||||||
17 | Section shall have printed thereon, but not as a part of the | ||||||
18 | question submitted, only the following supplemental | ||||||
19 | information (which shall be supplied to the election authority | ||||||
20 | by the taxing district) in substantially the following form: | ||||||
21 | (1) For the (insert the first levy year for which the | ||||||
22 | increased extension
limitation will be applicable) levy | ||||||
23 | year the approximate amount of the additional tax
| ||||||
24 | extendable against property containing a single family | ||||||
25 | residence and having a fair market
value at the time of the | ||||||
26 | referendum of $100,000 is estimated to be $.... |
| |||||||
| |||||||
1 | (2) Based upon an average annual percentage increase | ||||||
2 | (or decrease) in the
market value of such property of ...% | ||||||
3 | (insert percentage equal to the average
annual percentage | ||||||
4 | increase or decrease for the prior 3 levy years, at the | ||||||
5 | time the
submission of the question is initiated by the | ||||||
6 | taxing district, in the amount of (A) the
equalized | ||||||
7 | assessed value of the taxable property in the taxing | ||||||
8 | district less (B) the new
property included in the | ||||||
9 | equalized assessed value), the approximate amount of the
| ||||||
10 | additional tax extendable against such property for the ... | ||||||
11 | levy year is estimated to be
$... and for the ... levy year | ||||||
12 | is estimated to be $.... | ||||||
13 | Paragraph (2) shall be included only if the increased | ||||||
14 | extension limitation will be applicable for more than one year | ||||||
15 | and shall list each levy year for which the increased extension | ||||||
16 | limitation will be applicable. The additional tax shown for | ||||||
17 | each levy year shall be the approximate dollar amount of the | ||||||
18 | increase over the amount of the most recently completed | ||||||
19 | extension at the time the submission of the question is | ||||||
20 | initiated by the taxing district. The approximate amount of the | ||||||
21 | additional tax extendable shown in paragraphs (1) and (2) shall | ||||||
22 | be calculated by multiplying $100,000 (the fair market value of | ||||||
23 | the property without regard to any property tax exemptions) by | ||||||
24 | (i) the percentage level of assessment prescribed for that | ||||||
25 | property by statute, or by ordinance of the county board in | ||||||
26 | counties that classify property for purposes of taxation in |
| |||||||
| |||||||
1 | accordance with Section 4 of Article IX of the Illinois | ||||||
2 | Constitution; (ii) the most recent final equalization factor | ||||||
3 | certified to the county clerk by the Department of Revenue at | ||||||
4 | the time the taxing district initiates the submission of the | ||||||
5 | proposition to the electors; (iii) the last known aggregate | ||||||
6 | extension base of the taxing district at the time the | ||||||
7 | submission of the question is initiated by the taxing district; | ||||||
8 | and (iv) the difference between the percentage increase | ||||||
9 | proposed in the question and the otherwise applicable extension | ||||||
10 | limitation under Section 18-185 the lesser of 5% or the | ||||||
11 | percentage increase in the Consumer Price Index for the prior | ||||||
12 | levy year (or an estimate of the percentage increase for the | ||||||
13 | prior levy year if the increase is unavailable at the time the | ||||||
14 | submission of the question is initiated by the taxing | ||||||
15 | district) ; and dividing the result by the last known equalized | ||||||
16 | assessed value of the taxing district at the time the | ||||||
17 | submission of the question is initiated by the taxing district. | ||||||
18 | This amendatory Act of the 97th General Assembly is intended to | ||||||
19 | clarify the existing requirements of this Section, and shall | ||||||
20 | not be construed to validate any prior non-compliant referendum | ||||||
21 | language. Any notice required to be published in connection | ||||||
22 | with the submission of the question shall also contain this | ||||||
23 | supplemental information and shall not contain any other | ||||||
24 | supplemental information. Any error, miscalculation, or | ||||||
25 | inaccuracy in computing any amount set forth on the ballot or | ||||||
26 | in the notice that is not deliberate shall not invalidate or |
| |||||||
| |||||||
1 | affect the validity of any proposition approved. Notice of the | ||||||
2 | referendum shall be published and posted as otherwise required | ||||||
3 | by law, and the submission of the question shall be initiated | ||||||
4 | as provided by law.
| ||||||
5 | (Source: P.A. 97-1087, eff. 8-24-12.)
| ||||||
6 | (35 ILCS 200/18-213)
| ||||||
7 | Sec. 18-213.
Referenda on applicability of the Property Tax | ||||||
8 | Extension
Limitation Law.
| ||||||
9 | (a) The provisions of this Section do not apply to a taxing | ||||||
10 | district
subject
to this Law because a majority of its 1990 | ||||||
11 | equalized assessed value is in a
county or counties contiguous | ||||||
12 | to a county of 3,000,000 or more inhabitants, or
because a | ||||||
13 | majority of its 1994 equalized assessed value is in an affected
| ||||||
14 | county and the taxing district was not subject to this Law | ||||||
15 | before the 1995 levy
year.
| ||||||
16 | (b) The county board of a county that is not subject to | ||||||
17 | this Law
may, by ordinance or resolution, submit to the voters | ||||||
18 | of the
county the question of whether to
make all non-home rule | ||||||
19 | taxing districts
that
have all or a portion of their equalized | ||||||
20 | assessed valuation
situated in the county subject to this Law | ||||||
21 | in the manner set forth in this
Section.
| ||||||
22 | For purposes of this Section only:
| ||||||
23 | "Taxing district" has the same meaning provided in Section | ||||||
24 | 1-150.
| ||||||
25 | "Equalized
assessed valuation" means the equalized |
| |||||||
| |||||||
1 | assessed valuation for a taxing
district for the immediately | ||||||
2 | preceding levy year.
| ||||||
3 | (c) The ordinance or resolution shall request the | ||||||
4 | submission of
the
proposition at any election, except a | ||||||
5 | consolidated primary election, for the
purpose of voting for or | ||||||
6 | against making the Property
Tax Extension Limitation Law | ||||||
7 | applicable to all non-home rule taxing districts
that have all
| ||||||
8 | or a
portion of their equalized assessed valuation situated in | ||||||
9 | the county.
| ||||||
10 | The question shall be placed on a separate
ballot and shall | ||||||
11 | be in substantially the following form:
| ||||||
12 | Shall the Property Tax Extension Limitation Law (35 | ||||||
13 | ILCS 200/18-185 through
18-245), which
limits annual | ||||||
14 | property tax extension increases, apply to non-home
rule | ||||||
15 | taxing
districts with all or a portion of their equalized | ||||||
16 | assessed valuation located
in
(name of county)?
| ||||||
17 | Votes on the question shall be recorded as "yes" or "no".
| ||||||
18 | (d) The county clerk
shall order the proposition submitted | ||||||
19 | to the electors of the county
at the election specified in the | ||||||
20 | ordinance or resolution.
If part of the county is under the | ||||||
21 | jurisdiction of
a board or boards of election commissioners, | ||||||
22 | the county clerk
shall submit a certified copy of
the ordinance | ||||||
23 | or resolution to each board of election commissioners,
which | ||||||
24 | shall order the
proposition submitted to the electors of the | ||||||
25 | taxing district within its
jurisdiction at the election | ||||||
26 | specified in the ordinance or resolution.
|
| |||||||
| |||||||
1 | (e) (1) With respect to taxing districts having all of | ||||||
2 | their equalized
assessed
valuation located in the county, | ||||||
3 | if a majority of the votes cast on the
proposition are in | ||||||
4 | favor of the proposition, then this Law becomes applicable
| ||||||
5 | to the taxing district beginning on January 1 of the year | ||||||
6 | following the date of
the referendum.
| ||||||
7 | (2) With respect to taxing districts that meet all the | ||||||
8 | following
conditions this Law shall become applicable to | ||||||
9 | the taxing district beginning
on January 1, 1997. The | ||||||
10 | districts to which this paragraph (2) is applicable
| ||||||
11 | (A) do not have all of their equalized assessed | ||||||
12 | valuation located in a
single county,
| ||||||
13 | (B) have equalized assessed valuation in an | ||||||
14 | affected county,
| ||||||
15 | (C) meet the condition that each county, other than | ||||||
16 | an affected county,
in which any of the equalized | ||||||
17 | assessed valuation of the taxing district is
located | ||||||
18 | has held a referendum under this Section at any | ||||||
19 | election, except a
consolidated primary election, held | ||||||
20 | prior to the effective date of this
amendatory Act of | ||||||
21 | 1997, and
| ||||||
22 | (D) have a majority of the district's equalized | ||||||
23 | assessed valuation
located in one or more counties in | ||||||
24 | each of which the voters have approved a
referendum | ||||||
25 | under this Section prior to the effective date of this | ||||||
26 | amendatory
Act of 1997.
For purposes of this Section, |
| |||||||
| |||||||
1 | in determining whether a majority of the
equalized | ||||||
2 | assessed valuation of the taxing district is located in | ||||||
3 | one or more
counties in which the voters have approved | ||||||
4 | a referendum under this Section, the
equalized | ||||||
5 | assessed valuation of the taxing district in any | ||||||
6 | affected county
shall be included with the equalized | ||||||
7 | assessed value of the taxing district in
counties in | ||||||
8 | which the voters have approved the referendum.
| ||||||
9 | (3) With respect to taxing districts that do not have | ||||||
10 | all of
their equalized
assessed valuation located in a | ||||||
11 | single county and to which paragraph (2) of
subsection (e) | ||||||
12 | is not applicable, if each county other than an
affected | ||||||
13 | county in which any of
the equalized assessed valuation of | ||||||
14 | the taxing
district is located has held a referendum under | ||||||
15 | this Section at any election,
except a consolidated primary | ||||||
16 | election, held in any year and if a majority of
the | ||||||
17 | equalized
assessed valuation of the taxing district is | ||||||
18 | located in one or more counties
that have each approved a | ||||||
19 | referendum under this Section,
then this Law shall become | ||||||
20 | applicable to the taxing district on
January 1 of the year | ||||||
21 | following the year in which the last referendum in a
county | ||||||
22 | in which the taxing district has any equalized assessed | ||||||
23 | valuation is
held.
For the purposes of this Law, the last | ||||||
24 | referendum shall be deemed to be the
referendum making this | ||||||
25 | Law applicable to the taxing district. For purposes
of this | ||||||
26 | Section, in determining whether a majority of the equalized |
| |||||||
| |||||||
1 | assessed
valuation of the taxing district is located in one | ||||||
2 | or more counties that have
approved a referendum under this | ||||||
3 | Section, the equalized assessed valuation of
the taxing | ||||||
4 | district in any affected county shall be included with the | ||||||
5 | equalized
assessed value of the taxing district in counties | ||||||
6 | that have approved the
referendum.
| ||||||
7 | (f) Immediately after a referendum is held under this | ||||||
8 | Section, the county
clerk of the
county holding the referendum | ||||||
9 | shall give notice of the referendum having been
held and its | ||||||
10 | results to all taxing districts that have all
or a portion of | ||||||
11 | their equalized assessed valuation located in the county, the
| ||||||
12 | county clerk of any other county in which any of the equalized | ||||||
13 | assessed
valuation of any taxing district is located, and the | ||||||
14 | Department of Revenue.
After the last referendum affecting a | ||||||
15 | multi-county taxing district is held, the
Department of Revenue
| ||||||
16 | shall determine whether the taxing district is subject to this | ||||||
17 | Law
and, if so, shall notify the taxing district and the county | ||||||
18 | clerks of all of
the
counties in which a portion of the | ||||||
19 | equalized assessed valuation of the
taxing district is located | ||||||
20 | that, beginning the following January 1, the
taxing
district is | ||||||
21 | subject to this Law.
For each taxing district subject to | ||||||
22 | paragraph (2) of subsection (e) of this
Section, the Department | ||||||
23 | of Revenue shall notify the taxing district and the
county | ||||||
24 | clerks of all of the counties in which a portion of the | ||||||
25 | equalized
assessed valuation of the taxing district is located | ||||||
26 | that, beginning January 1,
1997, the taxing district is subject |
| |||||||
| |||||||
1 | to this Law.
| ||||||
2 | (g) Referenda held under this Section shall be conducted in | ||||||
3 | accordance with
the Election Code.
| ||||||
4 | (h) Notwithstanding any other provision of law, no | ||||||
5 | referenda may be held under this Section with respect to levy | ||||||
6 | years 2017 and 2018. | ||||||
7 | (Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
| ||||||
8 | (35 ILCS 200/18-214)
| ||||||
9 | Sec. 18-214.
Referenda on removal of the applicability of | ||||||
10 | the Property Tax
Extension Limitation Law to non-home rule | ||||||
11 | taxing districts.
| ||||||
12 | (a) The provisions of this Section do not apply to a taxing | ||||||
13 | district that is
subject to this Law because a majority of its | ||||||
14 | 1990 equalized assessed value is
in a county or counties | ||||||
15 | contiguous to a county of 3,000,000 or more
inhabitants, or | ||||||
16 | because a majority of its 1994 equalized assessed value is in
| ||||||
17 | an
affected county and the taxing district was not subject to | ||||||
18 | this Law before the
1995 levy year.
| ||||||
19 | (b) For purposes of this Section only:
| ||||||
20 | "Taxing district" means any non-home rule taxing district | ||||||
21 | that became subject
to this Law under Section 18-213 of this | ||||||
22 | Law.
| ||||||
23 | "Equalized assessed valuation" means the equalized | ||||||
24 | assessed valuation for a
taxing district for the immediately | ||||||
25 | preceding levy year.
|
| |||||||
| |||||||
1 | (c) The county board of a county that became subject to | ||||||
2 | this Law by a
referendum approved by the voters of the county | ||||||
3 | under Section 18-213 may, by
ordinance or resolution, in the | ||||||
4 | manner set forth in this Section, submit to the
voters of the | ||||||
5 | county the question of whether this Law applies to all non-home
| ||||||
6 | rule taxing
districts that have all or a portion of their | ||||||
7 | equalized assessed valuation
situated in the county in the | ||||||
8 | manner set forth in this Section.
| ||||||
9 | (d) The ordinance or resolution shall request the | ||||||
10 | submission of the
proposition at any election, except a | ||||||
11 | consolidated primary election, for the
purpose of voting for or | ||||||
12 | against the continued application of the Property Tax
Extension | ||||||
13 | Limitation Law to all non-home rule taxing districts that have | ||||||
14 | all or
a portion of their equalized assessed valuation situated | ||||||
15 | in the county.
| ||||||
16 | The question shall be placed on a separate ballot and shall | ||||||
17 | be in
substantially the following form:
| ||||||
18 | Shall
the Property Tax
Extension Limitation Law (35 | ||||||
19 | ILCS 200/18-185 through 35 ILCS 200/18-245), which
limits | ||||||
20 | annual property tax extension increases, apply to non-home | ||||||
21 | rule taxing
districts with all or a portion of their | ||||||
22 | equalized assessed valuation located
in (name of county)?
| ||||||
23 | Votes on the question shall be recorded as "yes" or "no".
| ||||||
24 | (e) The county clerk shall order the proposition submitted | ||||||
25 | to the electors
of the county at the election specified in the | ||||||
26 | ordinance or resolution. If
part of the county is under the |
| |||||||
| |||||||
1 | jurisdiction of a board or boards of election
commissioners, | ||||||
2 | the county clerk shall submit a certified copy of the ordinance
| ||||||
3 | or resolution to each board of election commissioners, which | ||||||
4 | shall order the
proposition submitted to the electors of the | ||||||
5 | taxing district within its
jurisdiction at the election | ||||||
6 | specified in the ordinance or resolution.
| ||||||
7 | (f) With respect to taxing districts having all of their | ||||||
8 | equalized assessed
valuation located in one county, if a | ||||||
9 | majority of the votes cast on the
proposition are against the | ||||||
10 | proposition, then this Law shall not apply to the
taxing | ||||||
11 | district beginning on January 1 of the year following the date | ||||||
12 | of
the referendum.
| ||||||
13 | (g) With respect to taxing districts that do not have all | ||||||
14 | of their
equalized assessed valuation located in a single | ||||||
15 | county, if both of the
following conditions are met, then this | ||||||
16 | Law shall no longer apply to the taxing
district beginning on | ||||||
17 | January 1 of the year following the date of the
referendum.
| ||||||
18 | (1) Each county in which the district has any equalized | ||||||
19 | assessed valuation
must either, (i) have held a referendum | ||||||
20 | under this Section, (ii) be an affected
county, or (iii) | ||||||
21 | have held a referendum under Section 18-213 at which the
| ||||||
22 | voters rejected the proposition at the most recent election | ||||||
23 | at which the
question was on the ballot in the county.
| ||||||
24 | (2) The majority of the equalized assessed valuation of | ||||||
25 | the taxing
district,
other than any equalized assessed | ||||||
26 | valuation in an affected county, is in one or
more counties |
| |||||||
| |||||||
1 | in which the voters rejected the proposition. For purposes | ||||||
2 | of
this
Section, in determining whether a majority of the | ||||||
3 | equalized assessed valuation
of the taxing district is | ||||||
4 | located in one or more counties in which the voters
have | ||||||
5 | rejected the proposition under this Section, the equalized | ||||||
6 | assessed
valuation of any taxing district in a county which | ||||||
7 | has held a referendum under
Section 18-213 at which the | ||||||
8 | voters rejected that proposition, at the most
recent | ||||||
9 | election at which the question was on the ballot in the | ||||||
10 | county, will be
included with the equalized assessed value | ||||||
11 | of the taxing district in counties
in
which the voters have | ||||||
12 | rejected the referendum held under this Section.
| ||||||
13 | (h) Immediately after a referendum is held under this | ||||||
14 | Section, the county
clerk of the county holding the referendum | ||||||
15 | shall give notice of the referendum
having been held and its | ||||||
16 | results to all taxing districts that have all or a
portion of | ||||||
17 | their equalized assessed valuation located in the county, the | ||||||
18 | county
clerk of any other county in which any of the equalized | ||||||
19 | assessed valuation of
any such taxing district is located, and | ||||||
20 | the Department of Revenue. After the
last
referendum affecting | ||||||
21 | a multi-county taxing district is held, the Department of
| ||||||
22 | Revenue shall determine whether the taxing district is no | ||||||
23 | longer subject to
this Law and, if the taxing district is no | ||||||
24 | longer subject to this Law, the
Department of Revenue shall | ||||||
25 | notify the taxing district and the county clerks of
all of the | ||||||
26 | counties in which a portion of the equalized assessed valuation |
| |||||||
| |||||||
1 | of
the taxing district is located that, beginning on January 1 | ||||||
2 | of the
year following the date of the last
referendum, the | ||||||
3 | taxing district is no longer subject to this Law.
| ||||||
4 | (i) Notwithstanding any other provision of law, no | ||||||
5 | referenda may be held under this Section with respect to levy | ||||||
6 | years 2017 and 2018. | ||||||
7 | (Source: P.A. 89-718, eff. 3-7-97.)
| ||||||
8 | Section 95. No acceleration or delay. Where this Act makes | ||||||
9 | changes in a statute that is represented in this Act by text | ||||||
10 | that is not yet or no longer in effect (for example, a Section | ||||||
11 | represented by multiple versions), the use of that text does | ||||||
12 | not accelerate or delay the taking effect of (i) the changes | ||||||
13 | made by this Act or (ii) provisions derived from any other | ||||||
14 | Public Act.
| ||||||
15 | Section 99. Effective date. This Act takes effect upon | ||||||
16 | becoming law.".
|