HB4677 EnrolledLRB102 24813 AWJ 34058 b

1    AN ACT concerning local government.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Section 18-185 as follows:
 
6    (35 ILCS 200/18-185)
7    Sec. 18-185. Short title; definitions. This Division 5
8may be cited as the Property Tax Extension Limitation Law. As
9used in this Division 5:
10    "Consumer Price Index" means the Consumer Price Index for
11All Urban Consumers for all items published by the United
12States Department of Labor.
13    "Extension limitation" means (a) the lesser of 5% or the
14percentage increase in the Consumer Price Index during the
1512-month calendar year preceding the levy year or (b) the rate
16of increase approved by voters under Section 18-205.
17    "Affected county" means a county of 3,000,000 or more
18inhabitants or a county contiguous to a county of 3,000,000 or
19more inhabitants.
20    "Taxing district" has the same meaning provided in Section
211-150, except as otherwise provided in this Section. For the
221991 through 1994 levy years only, "taxing district" includes
23only each non-home rule taxing district having the majority of

 

 

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1its 1990 equalized assessed value within any county or
2counties contiguous to a county with 3,000,000 or more
3inhabitants. Beginning with the 1995 levy year, "taxing
4district" includes only each non-home rule taxing district
5subject to this Law before the 1995 levy year and each non-home
6rule taxing district not subject to this Law before the 1995
7levy year having the majority of its 1994 equalized assessed
8value in an affected county or counties. Beginning with the
9levy year in which this Law becomes applicable to a taxing
10district as provided in Section 18-213, "taxing district" also
11includes those taxing districts made subject to this Law as
12provided in Section 18-213.
13    "Aggregate extension" for taxing districts to which this
14Law applied before the 1995 levy year means the annual
15corporate extension for the taxing district and those special
16purpose extensions that are made annually for the taxing
17district, excluding special purpose extensions: (a) made for
18the taxing district to pay interest or principal on general
19obligation bonds that were approved by referendum; (b) made
20for any taxing district to pay interest or principal on
21general obligation bonds issued before October 1, 1991; (c)
22made for any taxing district to pay interest or principal on
23bonds issued to refund or continue to refund those bonds
24issued before October 1, 1991; (d) made for any taxing
25district to pay interest or principal on bonds issued to
26refund or continue to refund bonds issued after October 1,

 

 

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11991 that were approved by referendum; (e) made for any taxing
2district to pay interest or principal on revenue bonds issued
3before October 1, 1991 for payment of which a property tax levy
4or the full faith and credit of the unit of local government is
5pledged; however, a tax for the payment of interest or
6principal on those bonds shall be made only after the
7governing body of the unit of local government finds that all
8other sources for payment are insufficient to make those
9payments; (f) made for payments under a building commission
10lease when the lease payments are for the retirement of bonds
11issued by the commission before October 1, 1991, to pay for the
12building project; (g) made for payments due under installment
13contracts entered into before October 1, 1991; (h) made for
14payments of principal and interest on bonds issued under the
15Metropolitan Water Reclamation District Act to finance
16construction projects initiated before October 1, 1991; (i)
17made for payments of principal and interest on limited bonds,
18as defined in Section 3 of the Local Government Debt Reform
19Act, in an amount not to exceed the debt service extension base
20less the amount in items (b), (c), (e), and (h) of this
21definition for non-referendum obligations, except obligations
22initially issued pursuant to referendum; (j) made for payments
23of principal and interest on bonds issued under Section 15 of
24the Local Government Debt Reform Act; (k) made by a school
25district that participates in the Special Education District
26of Lake County, created by special education joint agreement

 

 

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1under Section 10-22.31 of the School Code, for payment of the
2school district's share of the amounts required to be
3contributed by the Special Education District of Lake County
4to the Illinois Municipal Retirement Fund under Article 7 of
5the Illinois Pension Code; the amount of any extension under
6this item (k) shall be certified by the school district to the
7county clerk; (l) made to fund expenses of providing joint
8recreational programs for persons with disabilities under
9Section 5-8 of the Park District Code or Section 11-95-14 of
10the Illinois Municipal Code; (m) made for temporary relocation
11loan repayment purposes pursuant to Sections 2-3.77 and
1217-2.2d of the School Code; (n) made for payment of principal
13and interest on any bonds issued under the authority of
14Section 17-2.2d of the School Code; (o) made for contributions
15to a firefighter's pension fund created under Article 4 of the
16Illinois Pension Code, to the extent of the amount certified
17under item (5) of Section 4-134 of the Illinois Pension Code;
18and (p) made for road purposes in the first year after a
19township assumes the rights, powers, duties, assets, property,
20liabilities, obligations, and responsibilities of a road
21district abolished under the provisions of Section 6-133 of
22the Illinois Highway Code.
23    "Aggregate extension" for the taxing districts to which
24this Law did not apply before the 1995 levy year (except taxing
25districts subject to this Law in accordance with Section
2618-213) means the annual corporate extension for the taxing

 

 

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1district and those special purpose extensions that are made
2annually for the taxing district, excluding special purpose
3extensions: (a) made for the taxing district to pay interest
4or principal on general obligation bonds that were approved by
5referendum; (b) made for any taxing district to pay interest
6or principal on general obligation bonds issued before March
71, 1995; (c) made for any taxing district to pay interest or
8principal on bonds issued to refund or continue to refund
9those bonds issued before March 1, 1995; (d) made for any
10taxing district to pay interest or principal on bonds issued
11to refund or continue to refund bonds issued after March 1,
121995 that were approved by referendum; (e) made for any taxing
13district to pay interest or principal on revenue bonds issued
14before March 1, 1995 for payment of which a property tax levy
15or the full faith and credit of the unit of local government is
16pledged; however, a tax for the payment of interest or
17principal on those bonds shall be made only after the
18governing body of the unit of local government finds that all
19other sources for payment are insufficient to make those
20payments; (f) made for payments under a building commission
21lease when the lease payments are for the retirement of bonds
22issued by the commission before March 1, 1995 to pay for the
23building project; (g) made for payments due under installment
24contracts entered into before March 1, 1995; (h) made for
25payments of principal and interest on bonds issued under the
26Metropolitan Water Reclamation District Act to finance

 

 

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1construction projects initiated before October 1, 1991; (h-4)
2made for stormwater management purposes by the Metropolitan
3Water Reclamation District of Greater Chicago under Section 12
4of the Metropolitan Water Reclamation District Act; (h-8) made
5for payments of principal and interest on bonds issued under
6Section 9.6a of the Metropolitan Water Reclamation District
7Act to make contributions to the pension fund established
8under Article 13 of the Illinois Pension Code; (i) made for
9payments of principal and interest on limited bonds, as
10defined in Section 3 of the Local Government Debt Reform Act,
11in an amount not to exceed the debt service extension base less
12the amount in items (b), (c), and (e) of this definition for
13non-referendum obligations, except obligations initially
14issued pursuant to referendum and bonds described in
15subsections subsection (h) and (h-8) of this definition; (j)
16made for payments of principal and interest on bonds issued
17under Section 15 of the Local Government Debt Reform Act; (k)
18made for payments of principal and interest on bonds
19authorized by Public Act 88-503 and issued under Section 20a
20of the Chicago Park District Act for aquarium or museum
21projects and bonds issued under Section 20a of the Chicago
22Park District Act for the purpose of making contributions to
23the pension fund established under Article 12 of the Illinois
24Pension Code; (l) made for payments of principal and interest
25on bonds authorized by Public Act 87-1191 or 93-601 and (i)
26issued pursuant to Section 21.2 of the Cook County Forest

 

 

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1Preserve District Act, (ii) issued under Section 42 of the
2Cook County Forest Preserve District Act for zoological park
3projects, or (iii) issued under Section 44.1 of the Cook
4County Forest Preserve District Act for botanical gardens
5projects; (m) made pursuant to Section 34-53.5 of the School
6Code, whether levied annually or not; (n) made to fund
7expenses of providing joint recreational programs for persons
8with disabilities under Section 5-8 of the Park District Code
9or Section 11-95-14 of the Illinois Municipal Code; (o) made
10by the Chicago Park District for recreational programs for
11persons with disabilities under subsection (c) of Section 7.06
12of the Chicago Park District Act; (p) made for contributions
13to a firefighter's pension fund created under Article 4 of the
14Illinois Pension Code, to the extent of the amount certified
15under item (5) of Section 4-134 of the Illinois Pension Code;
16(q) made by Ford Heights School District 169 under Section
1717-9.02 of the School Code; and (r) made for the purpose of
18making employer contributions to the Public School Teachers'
19Pension and Retirement Fund of Chicago under Section 34-53 of
20the School Code.
21    "Aggregate extension" for all taxing districts to which
22this Law applies in accordance with Section 18-213, except for
23those taxing districts subject to paragraph (2) of subsection
24(e) of Section 18-213, means the annual corporate extension
25for the taxing district and those special purpose extensions
26that are made annually for the taxing district, excluding

 

 

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

 

 

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

 

 

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14-134 of the Illinois Pension Code; and (m) made for the taxing
2district to pay interest or principal on general obligation
3bonds issued pursuant to Section 19-3.10 of the School Code.
4    "Aggregate extension" for all taxing districts to which
5this Law applies in accordance with paragraph (2) of
6subsection (e) of Section 18-213 means the annual corporate
7extension for the taxing district and those special purpose
8extensions that are made annually for the taxing district,
9excluding special purpose extensions: (a) made for the taxing
10district to pay interest or principal on general obligation
11bonds that were approved by referendum; (b) made for any
12taxing district to pay interest or principal on general
13obligation bonds issued before March 7, 1997 (the effective
14date of Public Act 89-718); (c) made for any taxing district to
15pay interest or principal on bonds issued to refund or
16continue to refund those bonds issued before March 7, 1997
17(the effective date of Public Act 89-718); (d) made for any
18taxing district to pay interest or principal on bonds issued
19to refund or continue to refund bonds issued after March 7,
201997 (the effective date of Public Act 89-718) if the bonds
21were approved by referendum after March 7, 1997 (the effective
22date of Public Act 89-718); (e) made for any taxing district to
23pay interest or principal on revenue bonds issued before March
247, 1997 (the effective date of Public Act 89-718) for payment
25of which a property tax levy or the full faith and credit of
26the unit of local government is pledged; however, a tax for the

 

 

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1payment of interest or principal on those bonds shall be made
2only after the governing body of the unit of local government
3finds that all other sources for payment are insufficient to
4make those payments; (f) made for payments under a building
5commission lease when the lease payments are for the
6retirement of bonds issued by the commission before March 7,
71997 (the effective date of Public Act 89-718) to pay for the
8building project; (g) made for payments due under installment
9contracts entered into before March 7, 1997 (the effective
10date of Public Act 89-718); (h) made for payments of principal
11and interest on limited bonds, as defined in Section 3 of the
12Local Government Debt Reform Act, in an amount not to exceed
13the debt service extension base less the amount in items (b),
14(c), and (e) of this definition for non-referendum
15obligations, except obligations initially issued pursuant to
16referendum; (i) made for payments of principal and interest on
17bonds issued under Section 15 of the Local Government Debt
18Reform Act; (j) made for a qualified airport authority to pay
19interest or principal on general obligation bonds issued for
20the purpose of paying obligations due under, or financing
21airport facilities required to be acquired, constructed,
22installed or equipped pursuant to, contracts entered into
23before March 1, 1996 (but not including any amendments to such
24a contract taking effect on or after that date); (k) made to
25fund expenses of providing joint recreational programs for
26persons with disabilities under Section 5-8 of the Park

 

 

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1District Code or Section 11-95-14 of the Illinois Municipal
2Code; and (l) made for contributions to a firefighter's
3pension fund created under Article 4 of the Illinois Pension
4Code, to the extent of the amount certified under item (5) of
5Section 4-134 of the Illinois Pension Code.
6    "Debt service extension base" means an amount equal to
7that portion of the extension for a taxing district for the
81994 levy year, or for those taxing districts subject to this
9Law in accordance with Section 18-213, except for those
10subject to paragraph (2) of subsection (e) of Section 18-213,
11for the levy year in which the referendum making this Law
12applicable to the taxing district is held, or for those taxing
13districts subject to this Law in accordance with paragraph (2)
14of subsection (e) of Section 18-213 for the 1996 levy year,
15constituting an extension for payment of principal and
16interest on bonds issued by the taxing district without
17referendum, but not including excluded non-referendum bonds.
18For park districts (i) that were first subject to this Law in
191991 or 1995 and (ii) whose extension for the 1994 levy year
20for the payment of principal and interest on bonds issued by
21the park district without referendum (but not including
22excluded non-referendum bonds) was less than 51% of the amount
23for the 1991 levy year constituting an extension for payment
24of principal and interest on bonds issued by the park district
25without referendum (but not including excluded non-referendum
26bonds), "debt service extension base" means an amount equal to

 

 

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1that portion of the extension for the 1991 levy year
2constituting an extension for payment of principal and
3interest on bonds issued by the park district without
4referendum (but not including excluded non-referendum bonds).
5A debt service extension base established or increased at any
6time pursuant to any provision of this Law, except Section
718-212, shall be increased each year commencing with the later
8of (i) the 2009 levy year or (ii) the first levy year in which
9this Law becomes applicable to the taxing district, by the
10lesser of 5% or the percentage increase in the Consumer Price
11Index during the 12-month calendar year preceding the levy
12year. The debt service extension base may be established or
13increased as provided under Section 18-212. "Excluded
14non-referendum bonds" means (i) bonds authorized by Public Act
1588-503 and issued under Section 20a of the Chicago Park
16District Act for aquarium and museum projects; (ii) bonds
17issued under Section 15 of the Local Government Debt Reform
18Act; or (iii) refunding obligations issued to refund or to
19continue to refund obligations initially issued pursuant to
20referendum.
21    "Special purpose extensions" include, but are not limited
22to, extensions for levies made on an annual basis for
23unemployment and workers' compensation, self-insurance,
24contributions to pension plans, and extensions made pursuant
25to Section 6-601 of the Illinois Highway Code for a road
26district's permanent road fund whether levied annually or not.

 

 

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1The extension for a special service area is not included in the
2aggregate extension.
3    "Aggregate extension base" means the taxing district's
4last preceding aggregate extension as adjusted under Sections
518-135, 18-215, 18-230, 18-206, and 18-233. An adjustment
6under Section 18-135 shall be made for the 2007 levy year and
7all subsequent levy years whenever one or more counties within
8which a taxing district is located (i) used estimated
9valuations or rates when extending taxes in the taxing
10district for the last preceding levy year that resulted in the
11over or under extension of taxes, or (ii) increased or
12decreased the tax extension for the last preceding levy year
13as required by Section 18-135(c). Whenever an adjustment is
14required under Section 18-135, the aggregate extension base of
15the taxing district shall be equal to the amount that the
16aggregate extension of the taxing district would have been for
17the last preceding levy year if either or both (i) actual,
18rather than estimated, valuations or rates had been used to
19calculate the extension of taxes for the last levy year, or
20(ii) the tax extension for the last preceding levy year had not
21been adjusted as required by subsection (c) of Section 18-135.
22    Notwithstanding any other provision of law, for levy year
232012, the aggregate extension base for West Northfield School
24District No. 31 in Cook County shall be $12,654,592.
25    Notwithstanding any other provision of law, for levy year
262022, the aggregate extension base of a home equity assurance

 

 

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1program that levied at least $1,000,000 in property taxes in
2levy year 2019 or 2020 under the Home Equity Assurance Act
3shall be the amount that the program's aggregate extension
4base for levy year 2021 would have been if the program had
5levied a property tax for levy year 2021.
6    "Levy year" has the same meaning as "year" under Section
71-155.
8    "New property" means (i) the assessed value, after final
9board of review or board of appeals action, of new
10improvements or additions to existing improvements on any
11parcel of real property that increase the assessed value of
12that real property during the levy year multiplied by the
13equalization factor issued by the Department under Section
1417-30, (ii) the assessed value, after final board of review or
15board of appeals action, of real property not exempt from real
16estate taxation, which real property was exempt from real
17estate taxation for any portion of the immediately preceding
18levy year, multiplied by the equalization factor issued by the
19Department under Section 17-30, including the assessed value,
20upon final stabilization of occupancy after new construction
21is complete, of any real property located within the
22boundaries of an otherwise or previously exempt military
23reservation that is intended for residential use and owned by
24or leased to a private corporation or other entity, (iii) in
25counties that classify in accordance with Section 4 of Article
26IX of the Illinois Constitution, an incentive property's

 

 

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

 

 

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

 

 

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1amount of the current year's equalized assessed value of each
2taxable lot, block, tract, or parcel of real property removed
3from the redevelopment project area over and above the initial
4equalized assessed value of that real property before removal
5from the redevelopment project area.
6    Except as otherwise provided in this Section, "limiting
7rate" means a fraction the numerator of which is the last
8preceding aggregate extension base times an amount equal to
9one plus the extension limitation defined in this Section and
10the denominator of which is the current year's equalized
11assessed value of all real property in the territory under the
12jurisdiction of the taxing district during the prior levy
13year. For those taxing districts that reduced their aggregate
14extension for the last preceding levy year, except for school
15districts that reduced their extension for educational
16purposes pursuant to Section 18-206, the highest aggregate
17extension in any of the last 3 preceding levy years shall be
18used for the purpose of computing the limiting rate. The
19denominator shall not include new property or the recovered
20tax increment value. If a new rate, a rate decrease, or a
21limiting rate increase has been approved at an election held
22after March 21, 2006, then (i) the otherwise applicable
23limiting rate shall be increased by the amount of the new rate
24or shall be reduced by the amount of the rate decrease, as the
25case may be, or (ii) in the case of a limiting rate increase,
26the limiting rate shall be equal to the rate set forth in the

 

 

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1proposition approved by the voters for each of the years
2specified in the proposition, after which the limiting rate of
3the taxing district shall be calculated as otherwise provided.
4In the case of a taxing district that obtained referendum
5approval for an increased limiting rate on March 20, 2012, the
6limiting rate for tax year 2012 shall be the rate that
7generates the approximate total amount of taxes extendable for
8that tax year, as set forth in the proposition approved by the
9voters; this rate shall be the final rate applied by the county
10clerk for the aggregate of all capped funds of the district for
11tax year 2012.
12(Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21;
13102-519, eff. 8-20-21; 102-558, eff. 8-20-21; revised
1410-5-21.)
 
15    Section 10. The Illinois Pension Code is amended by
16changing Section 13-503 as follows:
 
17    (40 ILCS 5/13-503)  (from Ch. 108 1/2, par. 13-503)
18    Sec. 13-503. Tax levy. Until fiscal year 2013, the Water
19Reclamation District shall annually levy a tax upon all the
20taxable real property within the District at a rate which,
21when extended, will produce a sum that (i) when added to the
22amounts deducted from the salaries of employees, interest
23income on investments, and other income, will be sufficient to
24meet the requirements of the Fund on an actuarially funded

 

 

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1basis, but (ii) shall not exceed an amount equal to the total
2amount of contributions by the employees to the Fund made in
3the calendar year 2 years prior to the year for which the tax
4is levied, multiplied by 2.19, except that the amount of
5employee contributions made on or after January 1, 2003
6towards the purchase of additional optional benefits under
7Section 13-304.1 shall only be multiplied by 1.00.
8    Beginning in fiscal year 2013, the District shall annually
9levy a tax upon all the taxable real property within the
10District at a rate which, when extended, will produce a sum
11that (i) will be sufficient to meet the Fund's actuarially
12determined contribution requirement, but (ii) shall not exceed
13an amount equal to the total employee contributions 2 years
14prior multiplied by 4.19. The actuarially determined
15contribution requirement is equal to the employer's normal
16cost plus the annual amount needed to amortize the unfunded
17liability by the year 2050 as a level percent of payroll. The
18funding goal is to attain a funded ratio of 100% at least 90%
19by the year 2050, with the funded ratio being the ratio of the
20actuarial value of assets to the total actuarial liability.
21    The tax shall be levied and collected in the same manner as
22the general taxes of the District.
23    The tax shall be exclusive of and in addition to the amount
24of tax the District is now or may hereafter be authorized to
25levy for general purposes under the Metropolitan Water
26Reclamation District Act or under any other laws which may

 

 

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1limit the amount of tax for general purposes. The county clerk
2of any county, in reducing tax levies as may be authorized by
3law, shall not consider any such tax as a part of the general
4tax levy for District purposes, and shall not include the same
5in any limitation of the percent of the assessed valuation
6upon which taxes are required to be extended.
7    Revenues derived from the tax shall be paid to the Fund for
8the benefit of the Fund, except for the amount of revenue to be
9retained by the District and used to pay principal and
10interest on bonds issued for the sole purpose of making
11contributions to the Fund as set forth in Section 9.6a of the
12Metropolitan Water Reclamation District Act.
13    If the funds available for the purposes of this Article
14are insufficient during any year to meet the requirements of
15this Article, the District may issue tax anticipation warrants
16or notes, as provided by law, against the current tax levy.
17    The Board shall submit annually to the Board of
18Commissioners of the District an estimate of the amount
19required to be raised by taxation for the purposes of the Fund.
20The Board of Commissioners shall review the estimate and
21determine the tax to be levied for such purposes.
22(Source: P.A. 97-894, eff. 8-3-12.)
 
23    Section 15. The Metropolitan Water Reclamation District
24Act is amended by changing Section 9.6a as follows:
 

 

 

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1    (70 ILCS 2605/9.6a)  (from Ch. 42, par. 328.6a)
2    Sec. 9.6a. Bonds for sewage treatment and water quality
3improvements. The corporate authorities of a sanitary
4district, in order to provide funds required for the
5replacing, remodeling, completing, altering, constructing and
6enlarging of sewage treatment works, administrative buildings,
7water quality improvement projects, or flood control
8facilities, and additions therefor, pumping stations, tunnels,
9conduits, intercepting sewers and outlet sewers, together with
10the equipment, including air pollution equipment, and
11appurtenances thereto, to acquire property, real, personal or
12mixed, necessary for said purposes, for costs and expenses for
13the acquisition of the sites and rights-of-way necessary
14thereto, and for engineering expenses for designing and
15supervising the construction of such works, may issue on or
16before December 31, 2034, in addition to all other obligations
17heretofore or herein authorized, bonds, notes or other
18evidences of indebtedness for such purposes in an aggregate
19amount at any one time outstanding not to exceed 3.35% of the
20equalized assessed valuation of all taxable property within
21the sanitary district, to be ascertained by the last
22assessment for State and local taxes previous to the issuance
23of any such obligations. Such obligations shall be issued
24without submitting the question of such issuance to the legal
25voters of such sanitary district for approval.
26    The corporate authorities may sell such obligations at

 

 

HB4677 Enrolled- 23 -LRB102 24813 AWJ 34058 b

1private or public sale and enter into any contract or
2agreement necessary, appropriate or incidental to the exercise
3of the powers granted by this Act, including, without
4limitation, contracts or agreements for the sale and purchase
5of such obligations and the payment of costs and expenses
6incident thereto. The corporate authorities may pay such costs
7and expenses, in whole or in part, from the corporate fund.
8    Such obligations shall be issued from time to time only in
9amounts as may be required for such purposes but the amount of
10such obligations issued during any one budget year shall not
11exceed $150,000,000 plus the amount of any obligations
12authorized by this Act to be issued during the 3 budget years
13next preceding the year of issuance but which were not issued,
14provided, however, that this limitation shall not be
15applicable (i) to the issuance of obligations to refund bonds,
16notes or other evidences of indebtedness, (ii) to obligations
17issued to provide for the repayment of money received from the
18Water Pollution Control Revolving Fund for the construction or
19repair of wastewater treatment works, and (iii) to obligations
20issued as part of the American Recovery and Reinvestment Act
21of 2009, issued prior to January 1, 2011, that are commonly
22known as "Build America Bonds" as authorized by Section 54AA
23of the Internal Revenue Code of 1986, as amended. Each
24ordinance authorizing the issuance of the obligations shall
25state the general purpose or purposes for which they are to be
26issued, and the corporate authorities may at any time

 

 

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1thereafter pass supplemental appropriations ordinances
2appropriating the proceeds from the sale of such obligations
3for such purposes.
4    Notwithstanding anything to the contrary in Section 9.6 or
5this Section, and in addition to any other amount of bonds
6authorized to be issued under this Act, the corporate
7authorities are authorized to issue from time to time bonds of
8the district in a principal amount not to exceed $600,000,000
9for the purpose of making contributions to the pension fund
10established under Article 13 of the Illinois Pension Code
11without submitting the question of issuing bonds to the voters
12of the District. Any bond issuances under this paragraph are
13intended to decrease the unfunded liability of the pension
14fund and shall not decrease the amount of the employer
15contributions required in any given year under Section 13-503
16of the Illinois Pension Code.
17    The corporate authorities may issue bonds, notes or other
18evidences of indebtedness in an amount necessary to provide
19funds to refund outstanding obligations issued pursuant to
20this Section, including interest accrued or to accrue thereon.
21(Source: P.A. 101-302, eff. 1-1-20.)
 
22    Section 90. The State Mandates Act is amended by adding
23Section 8.46 as follows:
 
24    (30 ILCS 805/8.46 new)

 

 

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1    Sec. 8.46. Exempt mandate. Notwithstanding Sections 6 and
28 of this Act, no reimbursement by the State is required for
3the implementation of any mandate created by this amendatory
4Act of the 102nd General Assembly.
 
5    Section 99. Effective date. This Act takes effect upon
6becoming law.