Rep. Grant Wehrli

Filed: 11/6/2019

 

 


 

 


 
10100SB1043ham002LRB101 06578 HLH 63455 a

1
AMENDMENT TO SENATE BILL 1043

2    AMENDMENT NO. ______. Amend Senate Bill 1043, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. The Property Tax Code is amended by changing
6Sections 18-165 and 18-185 and by adding Section 18-233 as
7follows:
 
8    (35 ILCS 200/18-165)
9    Sec. 18-165. Abatement of taxes.
10    (a) Any taxing district, upon a majority vote of its
11governing authority, may, after the determination of the
12assessed valuation of its property, order the clerk of that
13county to abate any portion of its taxes on the following types
14of property:
15        (1) Commercial and industrial.
16            (A) The property of any commercial or industrial

 

 

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1        firm, including but not limited to the property of (i)
2        any firm that is used for collecting, separating,
3        storing, or processing recyclable materials, locating
4        within the taxing district during the immediately
5        preceding year from another state, territory, or
6        country, or having been newly created within this State
7        during the immediately preceding year, or expanding an
8        existing facility, or (ii) any firm that is used for
9        the generation and transmission of electricity
10        locating within the taxing district during the
11        immediately preceding year or expanding its presence
12        within the taxing district during the immediately
13        preceding year by construction of a new electric
14        generating facility that uses natural gas as its fuel,
15        or any firm that is used for production operations at a
16        new, expanded, or reopened coal mine within the taxing
17        district, that has been certified as a High Impact
18        Business by the Illinois Department of Commerce and
19        Economic Opportunity. The property of any firm used for
20        the generation and transmission of electricity shall
21        include all property of the firm used for transmission
22        facilities as defined in Section 5.5 of the Illinois
23        Enterprise Zone Act. The abatement shall not exceed a
24        period of 10 years and the aggregate amount of abated
25        taxes for all taxing districts combined shall not
26        exceed $4,000,000.

 

 

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1            (A-5) Any property in the taxing district of a new
2        electric generating facility, as defined in Section
3        605-332 of the Department of Commerce and Economic
4        Opportunity Law of the Civil Administrative Code of
5        Illinois. The abatement shall not exceed a period of 10
6        years. The abatement shall be subject to the following
7        limitations:
8                (i) if the equalized assessed valuation of the
9            new electric generating facility is equal to or
10            greater than $25,000,000 but less than
11            $50,000,000, then the abatement may not exceed (i)
12            over the entire term of the abatement, 5% of the
13            taxing district's aggregate taxes from the new
14            electric generating facility and (ii) in any one
15            year of abatement, 20% of the taxing district's
16            taxes from the new electric generating facility;
17                (ii) if the equalized assessed valuation of
18            the new electric generating facility is equal to or
19            greater than $50,000,000 but less than
20            $75,000,000, then the abatement may not exceed (i)
21            over the entire term of the abatement, 10% of the
22            taxing district's aggregate taxes from the new
23            electric generating facility and (ii) in any one
24            year of abatement, 35% of the taxing district's
25            taxes from the new electric generating facility;
26                (iii) if the equalized assessed valuation of

 

 

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1            the new electric generating facility is equal to or
2            greater than $75,000,000 but less than
3            $100,000,000, then the abatement may not exceed
4            (i) over the entire term of the abatement, 20% of
5            the taxing district's aggregate taxes from the new
6            electric generating facility and (ii) in any one
7            year of abatement, 50% of the taxing district's
8            taxes from the new electric generating facility;
9                (iv) if the equalized assessed valuation of
10            the new electric generating facility is equal to or
11            greater than $100,000,000 but less than
12            $125,000,000, then the abatement may not exceed
13            (i) over the entire term of the abatement, 30% of
14            the taxing district's aggregate taxes from the new
15            electric generating facility and (ii) in any one
16            year of abatement, 60% of the taxing district's
17            taxes from the new electric generating facility;
18                (v) if the equalized assessed valuation of the
19            new electric generating facility is equal to or
20            greater than $125,000,000 but less than
21            $150,000,000, then the abatement may not exceed
22            (i) over the entire term of the abatement, 40% of
23            the taxing district's aggregate taxes from the new
24            electric generating facility and (ii) in any one
25            year of abatement, 60% of the taxing district's
26            taxes from the new electric generating facility;

 

 

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1                (vi) if the equalized assessed valuation of
2            the new electric generating facility is equal to or
3            greater than $150,000,000, then the abatement may
4            not exceed (i) over the entire term of the
5            abatement, 50% of the taxing district's aggregate
6            taxes from the new electric generating facility
7            and (ii) in any one year of abatement, 60% of the
8            taxing district's taxes from the new electric
9            generating facility.
10            The abatement is not effective unless the owner of
11        the new electric generating facility agrees to repay to
12        the taxing district all amounts previously abated,
13        together with interest computed at the rate and in the
14        manner provided for delinquent taxes, in the event that
15        the owner of the new electric generating facility
16        closes the new electric generating facility before the
17        expiration of the entire term of the abatement.
18            The authorization of taxing districts to abate
19        taxes under this subdivision (a)(1)(A-5) expires on
20        January 1, 2010.
21            (B) The property of any commercial or industrial
22        development of at least (i) 500 acres or (ii) 225 acres
23        in the case of a commercial or industrial development
24        that applies for and is granted designation as a High
25        Impact Business under paragraph (F) of item (3) of
26        subsection (a) of Section 5.5 of the Illinois

 

 

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1        Enterprise Zone Act, having been created within the
2        taxing district. The abatement shall not exceed a
3        period of 20 years and the aggregate amount of abated
4        taxes for all taxing districts combined shall not
5        exceed $12,000,000.
6            (C) The property of any commercial or industrial
7        firm currently located in the taxing district that
8        expands a facility or its number of employees. The
9        abatement shall not exceed a period of 10 years and the
10        aggregate amount of abated taxes for all taxing
11        districts combined shall not exceed $4,000,000. The
12        abatement period may be renewed at the option of the
13        taxing districts.
14        (2) Horse racing. Any property in the taxing district
15    which is used for the racing of horses and upon which
16    capital improvements consisting of expansion, improvement
17    or replacement of existing facilities have been made since
18    July 1, 1987. The combined abatements for such property
19    from all taxing districts in any county shall not exceed
20    $5,000,000 annually and shall not exceed a period of 10
21    years.
22        (3) Auto racing. Any property designed exclusively for
23    the racing of motor vehicles. Such abatement shall not
24    exceed a period of 10 years.
25        (4) Academic or research institute. The property of any
26    academic or research institute in the taxing district that

 

 

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1    (i) is an exempt organization under paragraph (3) of
2    Section 501(c) of the Internal Revenue Code, (ii) operates
3    for the benefit of the public by actually and exclusively
4    performing scientific research and making the results of
5    the research available to the interested public on a
6    non-discriminatory basis, and (iii) employs more than 100
7    employees. An abatement granted under this paragraph shall
8    be for at least 15 years and the aggregate amount of abated
9    taxes for all taxing districts combined shall not exceed
10    $5,000,000.
11        (5) Housing for older persons. Any property in the
12    taxing district that is devoted exclusively to affordable
13    housing for older households. For purposes of this
14    paragraph, "older households" means those households (i)
15    living in housing provided under any State or federal
16    program that the Department of Human Rights determines is
17    specifically designed and operated to assist elderly
18    persons and is solely occupied by persons 55 years of age
19    or older and (ii) whose annual income does not exceed 80%
20    of the area gross median income, adjusted for family size,
21    as such gross income and median income are determined from
22    time to time by the United States Department of Housing and
23    Urban Development. The abatement shall not exceed a period
24    of 15 years, and the aggregate amount of abated taxes for
25    all taxing districts shall not exceed $3,000,000.
26        (6) Historical society. For assessment years 1998

 

 

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1    through 2018, the property of an historical society
2    qualifying as an exempt organization under Section
3    501(c)(3) of the federal Internal Revenue Code.
4        (7) Recreational facilities. Any property in the
5    taxing district (i) that is used for a municipal airport,
6    (ii) that is subject to a leasehold assessment under
7    Section 9-195 of this Code and (iii) which is sublet from a
8    park district that is leasing the property from a
9    municipality, but only if the property is used exclusively
10    for recreational facilities or for parking lots used
11    exclusively for those facilities. The abatement shall not
12    exceed a period of 10 years.
13        (8) Relocated corporate headquarters. If approval
14    occurs within 5 years after the effective date of this
15    amendatory Act of the 92nd General Assembly, any property
16    or a portion of any property in a taxing district that is
17    used by an eligible business for a corporate headquarters
18    as defined in the Corporate Headquarters Relocation Act.
19    Instead of an abatement under this paragraph (8), a taxing
20    district may enter into an agreement with an eligible
21    business to make annual payments to that eligible business
22    in an amount not to exceed the property taxes paid directly
23    or indirectly by that eligible business to the taxing
24    district and any other taxing districts for premises
25    occupied pursuant to a written lease and may make those
26    payments without the need for an annual appropriation. No

 

 

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1    school district, however, may enter into an agreement with,
2    or abate taxes for, an eligible business unless the
3    municipality in which the corporate headquarters is
4    located agrees to provide funding to the school district in
5    an amount equal to the amount abated or paid by the school
6    district as provided in this paragraph (8). Any abatement
7    ordered or agreement entered into under this paragraph (8)
8    may be effective for the entire term specified by the
9    taxing district, except the term of the abatement or annual
10    payments may not exceed 20 years.
11        (9) United States Military Public/Private Residential
12    Developments. Each building, structure, or other
13    improvement designed, financed, constructed, renovated,
14    managed, operated, or maintained after January 1, 2006
15    under a "PPV Lease", as set forth under Division 14 of
16    Article 10, and any such PPV Lease.
17        (10) Property located in a business corridor that
18    qualifies for an abatement under Section 18-184.10.
19        (11) Under Section 11-15.4-25 of the Illinois
20    Municipal Code, property located within an urban
21    agricultural area that is used by a qualifying farmer for
22    processing, growing, raising, or otherwise producing
23    agricultural products.
24    (b) Upon a majority vote of its governing authority, any
25municipality may, after the determination of the assessed
26valuation of its property, order the county clerk to abate any

 

 

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1portion of its taxes on any property that is located within the
2corporate limits of the municipality in accordance with Section
38-3-18 of the Illinois Municipal Code.
4    (c) Any taxing district may, upon a majority vote of its
5governing authority and after the determination of the assessed
6valuation of its property, order the clerk of that county to
7abate any portion of its taxes in any given year when the
8initial levy request for that year has subsequently been found
9to be in excess of the funds required for that year. In
10counties subject to the Property Tax Extension Limitation Law,
11any such abatement of taxes under this subsection shall be
12included in the aggregate extension base for the subsequent tax
13year.
14(Source: P.A. 100-1133, eff. 1-1-19.)
 
15    (35 ILCS 200/18-185)
16    Sec. 18-185. Short title; definitions. This Division 5 may
17be cited as the Property Tax Extension Limitation Law. As used
18in this Division 5:
19    "Consumer Price Index" means the Consumer Price Index for
20All Urban Consumers for all items published by the United
21States Department of Labor.
22    "Extension limitation" means (a) the lesser of 5% or the
23percentage increase in the Consumer Price Index during the
2412-month calendar year preceding the levy year or (b) the rate
25of increase approved by voters under Section 18-205.

 

 

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1    "Affected county" means a county of 3,000,000 or more
2inhabitants or a county contiguous to a county of 3,000,000 or
3more inhabitants.
4    "Taxing district" has the same meaning provided in Section
51-150, except as otherwise provided in this Section. For the
61991 through 1994 levy years only, "taxing district" includes
7only each non-home rule taxing district having the majority of
8its 1990 equalized assessed value within any county or counties
9contiguous to a county with 3,000,000 or more inhabitants.
10Beginning with the 1995 levy year, "taxing district" includes
11only each non-home rule taxing district subject to this Law
12before the 1995 levy year and each non-home rule taxing
13district not subject to this Law before the 1995 levy year
14having the majority of its 1994 equalized assessed value in an
15affected county or counties. Beginning with the levy year in
16which this Law becomes applicable to a taxing district as
17provided in Section 18-213, "taxing district" also includes
18those taxing districts made subject to this Law as provided in
19Section 18-213.
20    "Aggregate extension" for taxing districts to which this
21Law applied before the 1995 levy year means the annual
22corporate extension for the taxing district and those special
23purpose extensions that are made annually for the taxing
24district, excluding special purpose extensions: (a) made for
25the taxing district to pay interest or principal on general
26obligation bonds that were approved by referendum; (b) made for

 

 

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1any taxing district to pay interest or principal on general
2obligation bonds issued before October 1, 1991; (c) made for
3any taxing district to pay interest or principal on bonds
4issued to refund or continue to refund those bonds issued
5before October 1, 1991; (d) made for any taxing district to pay
6interest or principal on bonds issued to refund or continue to
7refund bonds issued after October 1, 1991 that were approved by
8referendum; (e) made for any taxing district to pay interest or
9principal on revenue bonds issued before October 1, 1991 for
10payment of which a property tax levy or the full faith and
11credit of the unit of local government is pledged; however, a
12tax for the payment of interest or principal on those bonds
13shall be made only after the governing body of the unit of
14local government finds that all other sources for payment are
15insufficient to make those payments; (f) made for payments
16under a building commission lease when the lease payments are
17for the retirement of bonds issued by the commission before
18October 1, 1991, to pay for the building project; (g) made for
19payments due under installment contracts entered into before
20October 1, 1991; (h) made for payments of principal and
21interest on bonds issued under the Metropolitan Water
22Reclamation District Act to finance construction projects
23initiated before October 1, 1991; (i) made for payments of
24principal and interest on limited bonds, as defined in Section
253 of the Local Government Debt Reform Act, in an amount not to
26exceed the debt service extension base less the amount in items

 

 

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1(b), (c), (e), and (h) of this definition for non-referendum
2obligations, except obligations initially issued pursuant to
3referendum; (j) made for payments of principal and interest on
4bonds issued under Section 15 of the Local Government Debt
5Reform Act; (k) made by a school district that participates in
6the Special Education District of Lake County, created by
7special education joint agreement under Section 10-22.31 of the
8School Code, for payment of the school district's share of the
9amounts required to be contributed by the Special Education
10District of Lake County to the Illinois Municipal Retirement
11Fund under Article 7 of the Illinois Pension Code; the amount
12of any extension under this item (k) shall be certified by the
13school district to the county clerk; (l) made to fund expenses
14of providing joint recreational programs for persons with
15disabilities under Section 5-8 of the Park District Code or
16Section 11-95-14 of the Illinois Municipal Code; (m) made for
17temporary relocation loan repayment purposes pursuant to
18Sections 2-3.77 and 17-2.2d of the School Code; (n) made for
19payment of principal and interest on any bonds issued under the
20authority of Section 17-2.2d of the School Code; (o) made for
21contributions to a firefighter's pension fund created under
22Article 4 of the Illinois Pension Code, to the extent of the
23amount certified under item (5) of Section 4-134 of the
24Illinois Pension Code; and (p) made for road purposes in the
25first year after a township assumes the rights, powers, duties,
26assets, property, liabilities, obligations, and

 

 

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1responsibilities of a road district abolished under the
2provisions of Section 6-133 of the Illinois Highway Code.
3    "Aggregate extension" for the taxing districts to which
4this Law did not apply before the 1995 levy year (except taxing
5districts subject to this Law in accordance with Section
618-213) means the annual corporate extension for the taxing
7district and those special purpose extensions that are made
8annually for the taxing district, excluding special purpose
9extensions: (a) made for the taxing district to pay interest or
10principal on general obligation bonds that were approved by
11referendum; (b) made for any taxing district to pay interest or
12principal on general obligation bonds issued before March 1,
131995; (c) made for any taxing district to pay interest or
14principal on bonds issued to refund or continue to refund those
15bonds issued before March 1, 1995; (d) made for any taxing
16district to pay interest or principal on bonds issued to refund
17or continue to refund bonds issued after March 1, 1995 that
18were approved by referendum; (e) made for any taxing district
19to pay interest or principal on revenue bonds issued before
20March 1, 1995 for payment of which a property tax levy or the
21full faith and credit of the unit of local government is
22pledged; however, a tax for the payment of interest or
23principal on those bonds shall be made only after the governing
24body of the unit of local government finds that all other
25sources for payment are insufficient to make those payments;
26(f) made for payments under a building commission lease when

 

 

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1the lease payments are for the retirement of bonds issued by
2the commission before March 1, 1995 to pay for the building
3project; (g) made for payments due under installment contracts
4entered into before March 1, 1995; (h) made for payments of
5principal and interest on bonds issued under the Metropolitan
6Water Reclamation District Act to finance construction
7projects initiated before October 1, 1991; (h-4) made for
8stormwater management purposes by the Metropolitan Water
9Reclamation District of Greater Chicago under Section 12 of the
10Metropolitan Water Reclamation District Act; (i) made for
11payments of principal and interest on limited bonds, as defined
12in Section 3 of the Local Government Debt Reform Act, in an
13amount not to exceed the debt service extension base less the
14amount in items (b), (c), and (e) of this definition for
15non-referendum obligations, except obligations initially
16issued pursuant to referendum and bonds described in subsection
17(h) of this definition; (j) made for payments of principal and
18interest on bonds issued under Section 15 of the Local
19Government Debt Reform Act; (k) made for payments of principal
20and interest on bonds authorized by Public Act 88-503 and
21issued under Section 20a of the Chicago Park District Act for
22aquarium or museum projects; (l) made for payments of principal
23and interest on bonds authorized by Public Act 87-1191 or
2493-601 and (i) issued pursuant to Section 21.2 of the Cook
25County Forest Preserve District Act, (ii) issued under Section
2642 of the Cook County Forest Preserve District Act for

 

 

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1zoological park projects, or (iii) issued under Section 44.1 of
2the Cook County Forest Preserve District Act for botanical
3gardens projects; (m) made pursuant to Section 34-53.5 of the
4School Code, whether levied annually or not; (n) made to fund
5expenses of providing joint recreational programs for persons
6with disabilities under Section 5-8 of the Park District Code
7or Section 11-95-14 of the Illinois Municipal Code; (o) made by
8the Chicago Park District for recreational programs for persons
9with disabilities under subsection (c) of Section 7.06 of the
10Chicago Park District Act; (p) made for contributions to a
11firefighter's pension fund created under Article 4 of the
12Illinois Pension Code, to the extent of the amount certified
13under item (5) of Section 4-134 of the Illinois Pension Code;
14(q) made by Ford Heights School District 169 under Section
1517-9.02 of the School Code; and (r) made for the purpose of
16making employer contributions to the Public School Teachers'
17Pension and Retirement Fund of Chicago under Section 34-53 of
18the School Code.
19    "Aggregate extension" for all taxing districts to which
20this Law applies in accordance with Section 18-213, except for
21those taxing districts subject to paragraph (2) of subsection
22(e) of Section 18-213, means the annual corporate extension for
23the taxing district and those special purpose extensions that
24are made annually for the taxing district, excluding special
25purpose extensions: (a) made for the taxing district to pay
26interest or principal on general obligation bonds that were

 

 

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1approved by referendum; (b) made for any taxing district to pay
2interest or principal on general obligation bonds issued before
3the date on which the referendum making this Law applicable to
4the taxing district is held; (c) made for any taxing district
5to pay interest or principal on bonds issued to refund or
6continue to refund those bonds issued before the date on which
7the referendum making this Law applicable to the taxing
8district is held; (d) made for any taxing district to pay
9interest or principal on bonds issued to refund or continue to
10refund bonds issued after the date on which the referendum
11making this Law applicable to the taxing district is held if
12the bonds were approved by referendum after the date on which
13the referendum making this Law applicable to the taxing
14district is held; (e) made for any taxing district to pay
15interest or principal on revenue bonds issued before the date
16on which the referendum making this Law applicable to the
17taxing district is held for payment of which a property tax
18levy or the full faith and credit of the unit of local
19government is pledged; however, a tax for the payment of
20interest or principal on those bonds shall be made only after
21the governing body of the unit of local government finds that
22all other sources for payment are insufficient to make those
23payments; (f) made for payments under a building commission
24lease when the lease payments are for the retirement of bonds
25issued by the commission before the date on which the
26referendum making this Law applicable to the taxing district is

 

 

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1held to pay for the building project; (g) made for payments due
2under installment contracts entered into before the date on
3which the referendum making this Law applicable to the taxing
4district is held; (h) made for payments of principal and
5interest on limited bonds, as defined in Section 3 of the Local
6Government Debt Reform Act, in an amount not to exceed the debt
7service extension base less the amount in items (b), (c), and
8(e) of this definition for non-referendum obligations, except
9obligations initially issued pursuant to referendum; (i) made
10for payments of principal and interest on bonds issued under
11Section 15 of the Local Government Debt Reform Act; (j) made
12for a qualified airport authority to pay interest or principal
13on general obligation bonds issued for the purpose of paying
14obligations due under, or financing airport facilities
15required to be acquired, constructed, installed or equipped
16pursuant to, contracts entered into before March 1, 1996 (but
17not including any amendments to such a contract taking effect
18on or after that date); (k) made to fund expenses of providing
19joint recreational programs for persons with disabilities
20under Section 5-8 of the Park District Code or Section 11-95-14
21of the Illinois Municipal Code; (l) made for contributions to a
22firefighter's pension fund created under Article 4 of the
23Illinois Pension Code, to the extent of the amount certified
24under item (5) of Section 4-134 of the Illinois Pension Code;
25and (m) made for the taxing district to pay interest or
26principal on general obligation bonds issued pursuant to

 

 

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1Section 19-3.10 of the School Code.
2    "Aggregate extension" for all taxing districts to which
3this Law applies in accordance with paragraph (2) of subsection
4(e) of Section 18-213 means the annual corporate extension for
5the taxing district and those special purpose extensions that
6are made annually for the taxing district, excluding special
7purpose extensions: (a) made for the taxing district to pay
8interest or principal on general obligation bonds that were
9approved by referendum; (b) made for any taxing district to pay
10interest or principal on general obligation bonds issued before
11March 7, 1997 (the effective date of Public Act 89-718) this
12amendatory Act of 1997; (c) made for any taxing district to pay
13interest or principal on bonds issued to refund or continue to
14refund those bonds issued before March 7, 1997 (the effective
15date of Public Act 89-718) this amendatory Act of 1997; (d)
16made for any taxing district to pay interest or principal on
17bonds issued to refund or continue to refund bonds issued after
18March 7, 1997 (the effective date of Public Act 89-718) this
19amendatory Act of 1997 if the bonds were approved by referendum
20after March 7, 1997 (the effective date of Public Act 89-718)
21this amendatory Act of 1997; (e) made for any taxing district
22to pay interest or principal on revenue bonds issued before
23March 7, 1997 (the effective date of Public Act 89-718) this
24amendatory Act of 1997 for payment of which a property tax levy
25or the full faith and credit of the unit of local government is
26pledged; however, a tax for the payment of interest or

 

 

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1principal on those bonds shall be made only after the governing
2body of the unit of local government finds that all other
3sources for payment are insufficient to make those payments;
4(f) made for payments under a building commission lease when
5the lease payments are for the retirement of bonds issued by
6the commission before March 7, 1997 (the effective date of
7Public Act 89-718) this amendatory Act of 1997 to pay for the
8building project; (g) made for payments due under installment
9contracts entered into before March 7, 1997 (the effective date
10of Public Act 89-718) this amendatory Act of 1997; (h) made for
11payments of principal and interest on limited bonds, as defined
12in Section 3 of the Local Government Debt Reform Act, in an
13amount not to exceed the debt service extension base less the
14amount in items (b), (c), and (e) of this definition for
15non-referendum obligations, except obligations initially
16issued pursuant to referendum; (i) made for payments of
17principal and interest on bonds issued under Section 15 of the
18Local Government Debt Reform Act; (j) made for a qualified
19airport authority to pay interest or principal on general
20obligation bonds issued for the purpose of paying obligations
21due under, or financing airport facilities required to be
22acquired, constructed, installed or equipped pursuant to,
23contracts entered into before March 1, 1996 (but not including
24any amendments to such a contract taking effect on or after
25that date); (k) made to fund expenses of providing joint
26recreational programs for persons with disabilities under

 

 

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1Section 5-8 of the Park District Code or Section 11-95-14 of
2the Illinois Municipal Code; and (l) made for contributions to
3a firefighter's pension fund created under Article 4 of the
4Illinois Pension Code, to the extent of the amount certified
5under item (5) of Section 4-134 of the Illinois Pension Code.
6    "Debt service extension base" means an amount equal to that
7portion of the extension for a taxing district for the 1994
8levy year, or for those taxing districts subject to this Law in
9accordance with Section 18-213, except for those subject to
10paragraph (2) of subsection (e) of Section 18-213, for the levy
11year in which the referendum making this Law applicable to the
12taxing district is held, or for those taxing districts subject
13to this Law in accordance with paragraph (2) of subsection (e)
14of Section 18-213 for the 1996 levy year, constituting an
15extension for payment of principal and interest on bonds issued
16by the taxing district without referendum, but not including
17excluded non-referendum bonds. For park districts (i) that were
18first subject to this Law in 1991 or 1995 and (ii) whose
19extension for the 1994 levy year for the payment of principal
20and interest on bonds issued by the park district without
21referendum (but not including excluded non-referendum bonds)
22was less than 51% of the amount for the 1991 levy year
23constituting an extension for payment of principal and interest
24on bonds issued by the park district without referendum (but
25not including excluded non-referendum bonds), "debt service
26extension base" means an amount equal to that portion of the

 

 

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1extension for the 1991 levy year constituting an extension for
2payment of principal and interest on bonds issued by the park
3district without referendum (but not including excluded
4non-referendum bonds). A debt service extension base
5established or increased at any time pursuant to any provision
6of this Law, except Section 18-212, shall be increased each
7year commencing with the later of (i) the 2009 levy year or
8(ii) the first levy year in which this Law becomes applicable
9to the taxing district, by the lesser of 5% or the percentage
10increase in the Consumer Price Index during the 12-month
11calendar year preceding the levy year. The debt service
12extension base may be established or increased as provided
13under Section 18-212. "Excluded non-referendum bonds" means
14(i) bonds authorized by Public Act 88-503 and issued under
15Section 20a of the Chicago Park District Act for aquarium and
16museum projects; (ii) bonds issued under Section 15 of the
17Local Government Debt Reform Act; or (iii) refunding
18obligations issued to refund or to continue to refund
19obligations initially issued pursuant to referendum.
20    "Special purpose extensions" include, but are not limited
21to, extensions for levies made on an annual basis for
22unemployment and workers' compensation, self-insurance,
23contributions to pension plans, and extensions made pursuant to
24Section 6-601 of the Illinois Highway Code for a road
25district's permanent road fund whether levied annually or not.
26The extension for a special service area is not included in the

 

 

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1aggregate extension.
2    "Aggregate extension base" means the taxing district's
3last preceding aggregate extension, as adjusted under Sections
418-135, 18-215, 18-230, and 18-206, and 18-233, plus the amount
5of any abatement granted in the last preceding levy year under
6subsection (c) of Section 18-165. An adjustment under Section
718-135 shall be made for the 2007 levy year and all subsequent
8levy years whenever one or more counties within which a taxing
9district is located (i) used estimated valuations or rates when
10extending taxes in the taxing district for the last preceding
11levy year that resulted in the over or under extension of
12taxes, or (ii) increased or decreased the tax extension for the
13last preceding levy year as required by Section 18-135(c).
14Whenever an adjustment is required under Section 18-135, the
15aggregate extension base of the taxing district shall be equal
16to the amount that the aggregate extension of the taxing
17district would have been for the last preceding levy year if
18either or both (i) actual, rather than estimated, valuations or
19rates had been used to calculate the extension of taxes for the
20last levy year, or (ii) the tax extension for the last
21preceding levy year had not been adjusted as required by
22subsection (c) of Section 18-135. Whenever an adjustment is
23required under Section 18-233, the aggregate extension base of
24the taxing district shall be equal to the amount that the
25aggregate extension of the taxing district would have been for
26the last preceding levy year if the actual valuations and

 

 

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1rates, as adjusted for the increases or reductions specified in
2Section 18-233, had been used to calculate the extension of
3taxes for the levy year in which the overextension or
4underextension occurred.
5    Notwithstanding any other provision of law, for levy year
62012, the aggregate extension base for West Northfield School
7District No. 31 in Cook County shall be $12,654,592.
8    "Levy year" has the same meaning as "year" under Section
91-155.
10    "New property" means (i) the assessed value, after final
11board of review or board of appeals action, of new improvements
12or additions to existing improvements on any parcel of real
13property that increase the assessed value of that real property
14during the levy year multiplied by the equalization factor
15issued by the Department under Section 17-30, (ii) the assessed
16value, after final board of review or board of appeals action,
17of real property not exempt from real estate taxation, which
18real property was exempt from real estate taxation for any
19portion of the immediately preceding levy year, multiplied by
20the equalization factor issued by the Department under Section
2117-30, including the assessed value, upon final stabilization
22of occupancy after new construction is complete, of any real
23property located within the boundaries of an otherwise or
24previously exempt military reservation that is intended for
25residential use and owned by or leased to a private corporation
26or other entity, (iii) in counties that classify in accordance

 

 

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1with Section 4 of Article IX of the Illinois Constitution, an
2incentive property's additional assessed value resulting from
3a scheduled increase in the level of assessment as applied to
4the first year final board of review market value, and (iv) any
5increase in assessed value due to oil or gas production from an
6oil or gas well required to be permitted under the Hydraulic
7Fracturing Regulatory Act that was not produced in or accounted
8for during the previous levy year. In addition, the county
9clerk in a county containing a population of 3,000,000 or more
10shall include in the 1997 recovered tax increment value for any
11school district, any recovered tax increment value that was
12applicable to the 1995 tax year calculations.
13    "Qualified airport authority" means an airport authority
14organized under the Airport Authorities Act and located in a
15county bordering on the State of Wisconsin and having a
16population in excess of 200,000 and not greater than 500,000.
17    "Recovered tax increment value" means, except as otherwise
18provided in this paragraph, the amount of the current year's
19equalized assessed value, in the first year after a
20municipality terminates the designation of an area as a
21redevelopment project area previously established under the
22Tax Increment Allocation Redevelopment Development Act in the
23Illinois Municipal Code, previously established under the
24Industrial Jobs Recovery Law in the Illinois Municipal Code,
25previously established under the Economic Development Project
26Area Tax Increment Act of 1995, or previously established under

 

 

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1the Economic Development Area Tax Increment Allocation Act, of
2each taxable lot, block, tract, or parcel of real property in
3the redevelopment project area over and above the initial
4equalized assessed value of each property in the redevelopment
5project area. For the taxes which are extended for the 1997
6levy year, the recovered tax increment value for a non-home
7rule taxing district that first became subject to this Law for
8the 1995 levy year because a majority of its 1994 equalized
9assessed value was in an affected county or counties shall be
10increased if a municipality terminated the designation of an
11area in 1993 as a redevelopment project area previously
12established under the Tax Increment Allocation Redevelopment
13Development Act in the Illinois Municipal Code, previously
14established under the Industrial Jobs Recovery Law in the
15Illinois Municipal Code, or previously established under the
16Economic Development Area Tax Increment Allocation Act, by an
17amount equal to the 1994 equalized assessed value of each
18taxable lot, block, tract, or parcel of real property in the
19redevelopment project area over and above the initial equalized
20assessed value of each property in the redevelopment project
21area. In the first year after a municipality removes a taxable
22lot, block, tract, or parcel of real property from a
23redevelopment project area established under the Tax Increment
24Allocation Redevelopment Development Act in the Illinois
25Municipal Code, the Industrial Jobs Recovery Law in the
26Illinois Municipal Code, or the Economic Development Area Tax

 

 

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1Increment Allocation Act, "recovered tax increment value"
2means the amount of the current year's equalized assessed value
3of each taxable lot, block, tract, or parcel of real property
4removed from the redevelopment project area over and above the
5initial equalized assessed value of that real property before
6removal from the redevelopment project area.
7    Except as otherwise provided in this Section, "limiting
8rate" means a fraction the numerator of which is the last
9preceding aggregate extension base times an amount equal to one
10plus the extension limitation defined in this Section and the
11denominator of which is the current year's equalized assessed
12value of all real property in the territory under the
13jurisdiction of the taxing district during the prior levy year.
14For those taxing districts that reduced their aggregate
15extension for the last preceding levy year, except for school
16districts that reduced their extension for educational
17purposes pursuant to Section 18-206, the highest aggregate
18extension in any of the last 3 preceding levy years shall be
19used for the purpose of computing the limiting rate. The
20denominator shall not include new property or the recovered tax
21increment value. If a new rate, a rate decrease, or a limiting
22rate increase has been approved at an election held after March
2321, 2006, then (i) the otherwise applicable limiting rate shall
24be increased by the amount of the new rate or shall be reduced
25by the amount of the rate decrease, as the case may be, or (ii)
26in the case of a limiting rate increase, the limiting rate

 

 

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1shall be equal to the rate set forth in the proposition
2approved by the voters for each of the years specified in the
3proposition, after which the limiting rate of the taxing
4district shall be calculated as otherwise provided. In the case
5of a taxing district that obtained referendum approval for an
6increased limiting rate on March 20, 2012, the limiting rate
7for tax year 2012 shall be the rate that generates the
8approximate total amount of taxes extendable for that tax year,
9as set forth in the proposition approved by the voters; this
10rate shall be the final rate applied by the county clerk for
11the aggregate of all capped funds of the district for tax year
122012.
13(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;
14100-465, eff. 8-31-17; revised 8-12-19.)
 
15    (35 ILCS 200/18-233 new)
16    Sec. 18-233. Adjustments for certificates of error,
17certain court orders, or final administrative decisions of the
18Property Tax Appeal Board. Beginning in levy year 2019, a
19taxing district levy shall be increased by a prior year
20adjustment whenever an assessment decrease due to the issuance
21of a certificate of error, a court order issued pursuant to an
22assessment valuation complaint under Section 23-15, or a final
23administrative decision of the Property Tax Appeal Board
24results in a refund from the taxing district of a portion of
25the property tax revenue distributed to the taxing district.

 

 

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1Whenever an adjustment is required under this Section, the
2aggregate levy of the taxing district shall be increased by a
3supplemental levy to recapture the property tax revenue lost by
4the refunds paid by the taxing district. The supplemental levy
5shall be applied by the county clerk annually to the taxing
6district's total levy in an amount determined by the county
7treasurer who shall certify to the county clerk the aggregate
8refunds paid by a taxing district for purposes of this Section.
9The supplemental levy may not exceed an amount equal to the
10aggregate refunds paid by the taxing district for the 12-month
11period prior to November 1 of each year. On or before November
1215 of each year, the county treasurer shall certify the
13aggregate refunds paid by a taxing district during such
1412-month period for purposes of this Section. For purposes of
15this Division, the taxing district's aggregate extension base
16shall not include the supplemental levy authorized under this
17Section.
 
18    Section 99. Effective date. This Act takes effect upon
19becoming law.".