093_HB3534

 
                                     LRB093 06463 SJM 06586 b

 1        AN ACT concerning property taxes.

 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:

 4        Section  5.  The Property Tax Code is amended by changing
 5    Sections 18-210 and 18-230 as follows:

 6        (35 ILCS 200/18-210)
 7        Sec. 18-210.  Establishing a new levy. Except as provided
 8    in Section 18-215, as it relates to a transfer of  a  service
 9    and,  except  as provided in subsection (b) of Section 18-230
10    as it relates to fire protection districts, before  a  county
11    clerk  may  extend taxes for funds subject to the limitations
12    of this Law, a new taxing district or a taxing district  with
13    an  aggregate  extension base of zero shall hold a referendum
14    establishing a maximum aggregate extension for the levy year.
15    The  maximum  aggregate  extension  is  established  for  the
16    current levy year if a taxing district has held a  referendum
17    before  the  levy  date  at  which the majority voting on the
18    issue  approves  its  adoption.  The  referendum  under  this
19    Section may be held at the same time  as  the  referendum  on
20    creating  a  new  taxing  district.  The  question  shall  be
21    submitted  to the voters at a regularly scheduled election in
22    accordance with the Election Code  provided  that  notice  of
23    referendum,  if  held  before July 1, 1999, has been given in
24    accordance  with  the  provisions  of  Section  12-5  of  the
25    Election Code in effect at the time of the  bond  referendum,
26    at  least 10 and not more than 45 days before the date of the
27    election, notwithstanding the time for publication  otherwise
28    imposed  by Section 12-5. Notices required in connection with
29    the submission of public questions on or after July  1,  1999
30    shall  be  as set forth in Section 12-5 of the Election Code.
31    The  question  shall  be  submitted  in   substantially   the
 
                            -2-      LRB093 06463 SJM 06586 b
 1    following form:
 2    -------------------------------------------------------------
 3        Under the Property Tax Extension
 4    Limitation Law, may an                      YES
 5    aggregate extension not to exceed ...
 6    (aggregate extension amount) ...        ---------------------
 7    be made for the ... (taxing
 8    district name) ... for the                  NO
 9    ... (levy year) ... levy year?
10    -------------------------------------------------------------
11    If  a  majority of voters voting on the increase approves the
12    adoption of the aggregate extension, the extension  shall  be
13    effective for the levy year specified.
14    (Source: P.A. 90-812, eff. 1-26-99; 91-57, eff. 6-30-99.)

15        (35 ILCS 200/18-230)
16        Sec. 18-230.  Rate increase or decrease factor.
17        (a)  Except as provided in subsection (b) with respect to
18    fire protection districts, when a new rate or a rate increase
19    or  decrease  first  effective  for the current levy year has
20    been approved by referendum, the aggregate extension base, as
21    adjusted in Sections 18-215 and 18-220, shall  be  multiplied
22    by a rate increase (or decrease) factor. The numerator of the
23    rate increase (or decrease) factor is the total combined rate
24    for  the  funds  that made up the aggregate extension for the
25    taxing district for the prior year  plus  the  rate  increase
26    approved or minus the rate decrease approved. The denominator
27    of the rate increase or decrease factor is the total combined
28    rate  for  the funds that made up the aggregate extension for
29    the prior year.  For those taxing districts for which  a  new
30    rate  or a rate increase has been approved by referendum held
31    after December 31, 1988, and that did not increase their rate
32    to the new maximum rate for  that  fund,  the  rate  increase
33    factor  shall  be adjusted for 4 levy years after the year of
 
                            -3-      LRB093 06463 SJM 06586 b
 1    the referendum by a factor the  numerator  of  which  is  the
 2    portion of the new or increased rate for which taxes were not
 3    extended  plus the aggregate rate in effect for the levy year
 4    prior to the levy year in which the referendum was passed and
 5    the denominator of which is the aggregate rate in effect  for
 6    the  levy year prior to the levy year in which the referendum
 7    was passed.
 8        (b) If a  new  fire  protection  district  is  formed  by
 9    referendum  under  the  Fire  Protection  District  Act,  the
10    aggregate extension base for the district shall automatically
11    be  established  for  the  levy  year  in  which the new fire
12    protection district is formed  at  the  rate  authorized  for
13    corporate  purposes  under  Section 14 of the Fire Protection
14    District Act.
15    (Source: P.A. 87-17; 88-455.)