093_SB0153eng

 
SB153 Engrossed                      LRB093 02569 MKM 02579 b

 1        AN ACT in relation to local government.

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

 4        Section  5.   The  Local  Government  Debt  Reform Act is
 5    amended by changing Sections 3 and 15.01 as follows:

 6        (30 ILCS 350/3) (from Ch. 17, par. 6903)
 7        Sec. 3.  Definitions.  In this Act words or  terms  shall
 8    have  the  following  meanings  unless  the  context or usage
 9    clearly indicates that another meaning is intended.
10        (a)  "Alternate bonds" means  bonds  issued  in  lieu  of
11    revenue bonds or payable from a revenue source as provided in
12    Section 15.
13        (b)  "Applicable   law"   means  any  provision  of  law,
14    including this Act, authorizing governmental units  to  issue
15    bonds.
16        (c)  "Backdoor  referendum"  means  the  submission  of a
17    public  question  to  the  voters  of  a  governmental  unit,
18    initiated by a petition  of  voters,  residents  or  property
19    owners  of  such  governmental  unit, to determine whether an
20    action by the governing body of such governmental unit  shall
21    be effective, adopted or rejected.
22        (d)  "Bond"   means   any   instrument   evidencing   the
23    obligation  to pay money authorized or issued by or on behalf
24    of  a  governmental  unit  under  applicable  law,  including
25    without limitation, bonds, notes,  installment  or  financing
26    contracts, leases, certificates, tax anticipation warrants or
27    notes, vouchers, and any other evidences of indebtedness.
28        (e)  "Debt   service"   on  bonds  means  the  amount  of
29    principal, interest and premium, if any, when due  either  at
30    stated maturity or upon mandatory redemption.
31        (f)  "Enterprise   revenues"  means  the  revenues  of  a
 
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 1    utility or revenue producing enterprise  from  which  revenue
 2    bonds may be payable.
 3        (g)  "General   obligation   bonds"   means  bonds  of  a
 4    governmental unit for the payment of which  the  governmental
 5    unit  is empowered to levy ad valorem property taxes upon all
 6    taxable property in a governmental unit without limitation as
 7    to rate or amount.
 8        (h)  "Governing  body"  means   the   legislative   body,
 9    council,  board,  commission, trustees, or any other body, by
10    whatever name it is known, having  charge  of  the  corporate
11    affairs of a governmental unit.
12        (i)  "Governmental   unit"   means  a  county,  township,
13    municipality,   municipal   corporation,   unit   of    local
14    government,   school   district,   special  district,  public
15    corporation, body  corporate  and  politic,  forest  preserve
16    district,  fire  protection  district, conservation district,
17    park  district,  sanitary  district,  and  all  other   local
18    governmental   agencies,  including  any  entity  created  by
19    intergovernmental  agreement  among  any  of  the   foregoing
20    governmental units, but does not include any office, officer,
21    department,  division, bureau, board, commission, university,
22    or similar agency of the State.
23        (j)  "Ordinance" means an ordinance  duly  adopted  by  a
24    governing  body  or,  if  appropriate under applicable law, a
25    resolution so adopted.
26        (k)  "Revenue bonds" means any bonds  of  a  governmental
27    unit other than general obligation bonds, but "revenue bonds"
28    does  include  any debt authorized under Section 11-29.3-1 of
29    the Illinois Municipal Code.
30        (l)  "Revenue source" means a source of funds, other than
31    enterprise revenues, received or available to be received  by
32    a  governmental unit and available for any one or more of its
33    corporate purposes, including any public building  commission
34    lease rental base alternate tax levy.
 
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 1        (m)  "Limited   bonds"   means  bonds,  including  public
 2    building  commission  leases,  but  excluding  other  leases,
 3    notes, installment or financing contracts, certificates,  tax
 4    anticipation  warrants  or  notes,  vouchers,  and  any other
 5    evidences of indebtedness, issued under Section 15.01 of this
 6    Act.
 7        (n)  "Public building commission lease rental base" means
 8    an amount equal to that portion of the extension for a taxing
 9    district for the 1999 levy year constituting an extension for
10    payment of lease rentals under a public  building  commission
11    lease  allocable  to  the  retirement  of bonds issued by the
12    commission.
13        (o)  "Public  building  commission  lease   rental   base
14    alternate tax levy" means a special purpose levy available to
15    a  unit of local government and authorized for the payment of
16    limited bonds as a revenue  source,  which  shall  equal  the
17    public  building commission lease rental base less the amount
18    of such base allocable to payment of lease  rentals  under  a
19    public building commission lease.
20    (Source: P.A. 89-385, eff. 8-18-95; 89-658, eff. 1-1-97.)

21        (30 ILCS 350/15.01)
22        Sec.   15.01.  Limited  bonds.  A  governmental  unit  is
23    authorized to issue limited bonds payable from (i)  the  debt
24    service  extension  base,  as  defined  in  the  Property Tax
25    Extension Limitation Law, as provided in this amendatory  Act
26    of  1995,  (ii)  the  public building commission lease rental
27    base, or (iii) both the debt service extension base  and  the
28    public   building   commission   lease   rental  base.  Bonds
29    authorized by Public Act 88-503 and issued under Section  20a
30    of  the  Chicago  Park  District  Act  for aquarium or museum
31    projects shall not be issued as limited bonds. A governmental
32    unit issuing limited bonds authorized by this  Section  shall
33    provide  in  the  bond ordinance that the bonds are issued as
 
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 1    limited bonds and are also issued pursuant to applicable law,
 2    other  than  this  amendatory  Act  of  1995,  enabling   the
 3    governmental unit to issue bonds. This amendatory Act of 1995
 4    shall  not  change  the  rate, amount, purposes, limitations,
 5    source of funds for payment  of  principal  or  interest,  or
 6    method   of  payment  or  defeasance  of  the  bonds  that  a
 7    governmental  unit  may  issue  under  any  applicable   law;
 8    provided,  that limited bonds that are otherwise to be issued
 9    as general obligation bonds may be payable  solely  from  the
10    debt  service  extension  base.  This  amendatory Act of 1995
11    provides no additional authority to any governmental unit  to
12    issue  bonds  that  the  governmental  unit  is not otherwise
13    authorized to issue by a law other than this  amendatory  Act
14    of 1995.
15    (Source: P.A. 89-385, eff. 8-18-95; 89-449, eff. 6-1-96.)

16        Section 10.  The Property Tax Code is amended by changing
17    Section 18-185 as follows:

18        (35 ILCS 200/18-185)
19        Sec.  18-185.  Short title; definitions.  This Division 5
20    may be cited as the Property Tax  Extension  Limitation  Law.
21    As used in this Division 5:
22        "Consumer Price Index" means the Consumer Price Index for
23    All  Urban  Consumers  for  all items published by the United
24    States Department of Labor.
25        "Extension limitation" means (a) the lesser of 5% or  the
26    percentage  increase  in  the Consumer Price Index during the
27    12-month calendar year preceding the levy  year  or  (b)  the
28    rate of increase approved by voters under Section 18-205.
29        "Affected  county"  means  a  county of 3,000,000 or more
30    inhabitants or a county contiguous to a county  of  3,000,000
31    or more inhabitants.
32        "Taxing  district"  has  the  same  meaning  provided  in
 
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 1    Section  1-150, except as otherwise provided in this Section.
 2    For the 1991 through 1994 levy years only, "taxing  district"
 3    includes  only  each non-home rule taxing district having the
 4    majority of its 1990  equalized  assessed  value  within  any
 5    county  or  counties contiguous to a county with 3,000,000 or
 6    more inhabitants.  Beginning with the 1995 levy year, "taxing
 7    district" includes only each non-home  rule  taxing  district
 8    subject  to  this  Law  before  the  1995  levy year and each
 9    non-home rule taxing district not subject to this Law  before
10    the  1995 levy year having the majority of its 1994 equalized
11    assessed value in an affected county or counties.   Beginning
12    with  the levy year in which this Law becomes applicable to a
13    taxing  district  as  provided  in  Section  18-213,  "taxing
14    district" also includes those taxing districts  made  subject
15    to this Law as provided in Section 18-213.
16        "Aggregate  extension" for taxing districts to which this
17    Law applied before  the  1995  levy  year  means  the  annual
18    corporate extension for the taxing district and those special
19    purpose  extensions  that  are  made  annually for the taxing
20    district, excluding special purpose extensions: (a) made  for
21    the  taxing  district to pay interest or principal on general
22    obligation bonds that were approved by referendum;  (b)  made
23    for  any  taxing  district  to  pay  interest or principal on
24    general obligation bonds issued before October 1,  1991;  (c)
25    made  for any taxing district to pay interest or principal on
26    bonds issued to refund or  continue  to  refund  those  bonds
27    issued  before  October  1,  1991;  (d)  made  for any taxing
28    district to pay interest or  principal  on  bonds  issued  to
29    refund  or  continue  to refund bonds issued after October 1,
30    1991 that were approved  by  referendum;  (e)  made  for  any
31    taxing district to pay interest or principal on revenue bonds
32    issued before October 1, 1991 for payment of which a property
33    tax  levy  or  the full faith and credit of the unit of local
34    government is pledged; however, a  tax  for  the  payment  of
 
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 1    interest or principal on those bonds shall be made only after
 2    the governing body of the unit of local government finds that
 3    all  other sources for payment are insufficient to make those
 4    payments; (f) made for payments under a  building  commission
 5    lease when the lease payments are for the retirement of bonds
 6    issued  by  the commission before October 1, 1991, to pay for
 7    the  building  project;  (g)  made  for  payments  due  under
 8    installment contracts entered into before  October  1,  1991;
 9    (h)  made  for  payments  of  principal and interest on bonds
10    issued under the Metropolitan Water Reclamation District  Act
11    to  finance construction projects initiated before October 1,
12    1991; (i) made for payments  of  principal  and  interest  on
13    limited   bonds,  as  defined  in  Section  3  of  the  Local
14    Government Debt Reform Act, in an amount not  to  exceed  the
15    sum  of  the  debt  service  extension base and the allocated
16    portion of the public building commission lease  rental  base
17    less  the amount in items (b), (c), (e), (f), and (h) of this
18    definition for non-referendum obligations, except obligations
19    initially  issued  pursuant  to  referendum;  (j)  made   for
20    payments  of  principal  and  interest  on bonds issued under
21    Section 15 of the Local Government Debt Reform Act  including
22    the  public  building  commission lease rental base alternate
23    tax levy allocable to those  payments;  and  (k)  made  by  a
24    school  district  that  participates in the Special Education
25    District of Lake County, created by special  education  joint
26    agreement  under  Section  10-22.31  of  the School Code, for
27    payment  of  the  school  district's  share  of  the  amounts
28    required to be contributed by the Special Education  District
29    of  Lake  County  to  the  Illinois Municipal Retirement Fund
30    under Article 7 of the Illinois Pension Code; the  amount  of
31    any  extension  under this item (k) shall be certified by the
32    school district to the county clerk.
33        "Aggregate extension" for the taxing districts  to  which
34    this  Law  did  not  apply  before the 1995 levy year (except
 
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 1    taxing districts subject  to  this  Law  in  accordance  with
 2    Section  18-213) means the annual corporate extension for the
 3    taxing district and those special purpose extensions that are
 4    made annually for  the  taxing  district,  excluding  special
 5    purpose  extensions:  (a) made for the taxing district to pay
 6    interest or principal on general obligation bonds  that  were
 7    approved  by  referendum; (b) made for any taxing district to
 8    pay interest or principal on general obligation bonds  issued
 9    before March 1, 1995; (c) made for any taxing district to pay
10    interest  or  principal on bonds issued to refund or continue
11    to refund those bonds issued before March 1, 1995;  (d)  made
12    for any taxing district to pay interest or principal on bonds
13    issued  to  refund  or  continue to refund bonds issued after
14    March 1, 1995 that were approved by referendum; (e) made  for
15    any  taxing  district to pay interest or principal on revenue
16    bonds issued before March 1, 1995  for  payment  of  which  a
17    property tax levy or the full faith and credit of the unit of
18    local  government  is pledged; however, a tax for the payment
19    of interest or principal on those bonds shall  be  made  only
20    after  the  governing  body  of  the unit of local government
21    finds that all other sources for payment are insufficient  to
22    make  those  payments; (f) made for payments under a building
23    commission  lease  when  the  lease  payments  are  for   the
24    retirement  of bonds issued by the commission before March 1,
25    1995 to pay for the building project; (g) made  for  payments
26    due  under installment contracts entered into before March 1,
27    1995; (h) made for payments  of  principal  and  interest  on
28    bonds   issued   under  the  Metropolitan  Water  Reclamation
29    District  Act  to  finance  construction  projects  initiated
30    before October 1, 1991; (i) made for  payments  of  principal
31    and interest on limited bonds, as defined in Section 3 of the
32    Local  Government Debt Reform Act, in an amount not to exceed
33    the debt service extension base less the amount in items (b),
34    (c),  and  (e)  of   this   definition   for   non-referendum
 
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 1    obligations,  except obligations initially issued pursuant to
 2    referendum and bonds described  in  subsection  (h)  of  this
 3    definition;  (j)  made for payments of principal and interest
 4    on bonds issued under Section 15 of the Local Government Debt
 5    Reform Act; (k) made for payments of principal  and  interest
 6    on  bonds  authorized  by  Public Act 88-503 and issued under
 7    Section 20a of the Chicago Park District Act for aquarium  or
 8    museum  projects;  (l)  made  for  payments  of principal and
 9    interest on bonds authorized by Public Act 87-1191 and issued
10    under Section 42 of the Cook County Forest Preserve  District
11    Act  for  zoological  park projects; and (m) made pursuant to
12    Section 34-53.5 of the School Code, whether  levied  annually
13    or not.
14        "Aggregate  extension"  for all taxing districts to which
15    this Law applies in accordance with  Section  18-213,  except
16    for  those  taxing  districts  subject  to  paragraph  (2) of
17    subsection (e) of Section 18-213, means the annual  corporate
18    extension  for  the taxing district and those special purpose
19    extensions that are made annually for  the  taxing  district,
20    excluding special purpose extensions: (a) made for the taxing
21    district  to  pay interest or principal on general obligation
22    bonds that were approved by  referendum;  (b)  made  for  any
23    taxing  district  to  pay  interest  or  principal on general
24    obligation  bonds  issued  before  the  date  on  which   the
25    referendum  making this Law applicable to the taxing district
26    is held; (c) made for any taxing district to pay interest  or
27    principal  on  bonds  issued  to refund or continue to refund
28    those bonds issued before the date on  which  the  referendum
29    making  this  Law  applicable to the taxing district is held;
30    (d) made for any taxing district to pay interest or principal
31    on bonds issued to refund or continue to refund bonds  issued
32    after  the  date  on  which  the  referendum  making this Law
33    applicable to the taxing district is held if the  bonds  were
34    approved by referendum after the date on which the referendum
 
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 1    making  this  Law  applicable to the taxing district is held;
 2    (e) made for any taxing district to pay interest or principal
 3    on  revenue  bonds  issued  before  the  date  on  which  the
 4    referendum making this Law applicable to the taxing  district
 5    is  held for payment of which a property tax levy or the full
 6    faith and credit of the unit of local government is  pledged;
 7    however,  a  tax  for the payment of interest or principal on
 8    those bonds shall be made only after the  governing  body  of
 9    the unit of local government finds that all other sources for
10    payment are insufficient to make those payments; (f) made for
11    payments  under  a  building  commission lease when the lease
12    payments are for  the  retirement  of  bonds  issued  by  the
13    commission  before  the  date  on which the referendum making
14    this Law applicable to the taxing district is held to pay for
15    the  building  project;  (g)  made  for  payments  due  under
16    installment contracts entered into before the date  on  which
17    the  referendum  making  this  Law  applicable  to the taxing
18    district is held; (h) made  for  payments  of  principal  and
19    interest  on  limited  bonds,  as defined in Section 3 of the
20    Local Government Debt Reform Act, in an amount not to  exceed
21    the debt service extension base less the amount in items (b),
22    (c),   and   (e)   of   this  definition  for  non-referendum
23    obligations, except obligations initially issued pursuant  to
24    referendum;  (i)  made for payments of principal and interest
25    on bonds issued under Section 15 of the Local Government Debt
26    Reform Act; and (j) made for a qualified airport authority to
27    pay interest or principal on general obligation bonds  issued
28    for the purpose of paying obligations due under, or financing
29    airport  facilities  required  to  be  acquired, constructed,
30    installed or equipped pursuant  to,  contracts  entered  into
31    before  March  1,  1996  (but not including any amendments to
32    such a contract taking effect on or after that date).
33        "Aggregate extension" for all taxing districts  to  which
34    this   Law  applies  in  accordance  with  paragraph  (2)  of
 
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 1    subsection (e) of Section 18-213 means the  annual  corporate
 2    extension  for  the taxing district and those special purpose
 3    extensions that are made annually for  the  taxing  district,
 4    excluding special purpose extensions: (a) made for the taxing
 5    district  to  pay interest or principal on general obligation
 6    bonds that were approved by  referendum;  (b)  made  for  any
 7    taxing  district  to  pay  interest  or  principal on general
 8    obligation bonds issued before the  effective  date  of  this
 9    amendatory  Act  of 1997; (c) made for any taxing district to
10    pay interest or  principal  on  bonds  issued  to  refund  or
11    continue  to  refund  those bonds issued before the effective
12    date of this amendatory Act of 1997; (d) made for any  taxing
13    district  to  pay  interest  or  principal on bonds issued to
14    refund or continue to refund bonds issued after the effective
15    date of this  amendatory  Act  of  1997  if  the  bonds  were
16    approved  by  referendum  after  the  effective  date of this
17    amendatory Act of 1997; (e) made for any taxing  district  to
18    pay  interest or principal on revenue bonds issued before the
19    effective date of this amendatory Act of 1997 for payment  of
20    which a property tax levy or the full faith and credit of the
21    unit  of  local government is pledged; however, a tax for the
22    payment of interest or principal on those bonds shall be made
23    only after the governing body of the unit of local government
24    finds that all other sources for payment are insufficient  to
25    make  those  payments; (f) made for payments under a building
26    commission  lease  when  the  lease  payments  are  for   the
27    retirement  of  bonds  issued  by  the  commission before the
28    effective date of this amendatory Act of 1997 to pay for  the
29    building project; (g) made for payments due under installment
30    contracts  entered  into  before  the  effective date of this
31    amendatory Act of 1997; (h) made for  payments  of  principal
32    and interest on limited bonds, as defined in Section 3 of the
33    Local  Government Debt Reform Act, in an amount not to exceed
34    the debt service extension base less the amount in items (b),
 
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 1    (c),  and  (e)  of   this   definition   for   non-referendum
 2    obligations,  except obligations initially issued pursuant to
 3    referendum; (i) made for payments of principal  and  interest
 4    on bonds issued under Section 15 of the Local Government Debt
 5    Reform Act; and (j) made for a qualified airport authority to
 6    pay  interest or principal on general obligation bonds issued
 7    for the purpose of paying obligations due under, or financing
 8    airport facilities  required  to  be  acquired,  constructed,
 9    installed  or  equipped  pursuant  to, contracts entered into
10    before March 1, 1996 (but not  including  any  amendments  to
11    such a contract taking effect on or after that date).
12        "Debt  service  extension  base" means an amount equal to
13    that portion of the extension for a taxing district  for  the
14    1994 levy year, or for those taxing districts subject to this
15    Law  in  accordance  with  Section  18-213,  except for those
16    subject to paragraph (2) of subsection (e) of Section 18-213,
17    for the levy year in which the  referendum  making  this  Law
18    applicable  to  the  taxing  district  is  held, or for those
19    taxing districts subject  to  this  Law  in  accordance  with
20    paragraph  (2)  of  subsection  (e) of Section 18-213 for the
21    1996 levy year, constituting  an  extension  for  payment  of
22    principal and interest on bonds issued by the taxing district
23    without referendum, but not including (i) bonds authorized by
24    Public Act 88-503 and issued under Section 20a of the Chicago
25    Park  District  Act  for  aquarium  and museum projects; (ii)
26    bonds issued under Section 15 of the  Local  Government  Debt
27    Reform  Act;  or (iii) refunding obligations issued to refund
28    or  to  continue  to  refund  obligations  initially   issued
29    pursuant  to  referendum. The debt service extension base may
30    be established or increased as provided under Section 18-212.
31        "Special purpose extensions" include, but are not limited
32    to, extensions  for  levies  made  on  an  annual  basis  for
33    unemployment   and   workers'  compensation,  self-insurance,
34    contributions to pension plans, and extensions made  pursuant
 
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 1    to  Section  6-601  of  the  Illinois Highway Code for a road
 2    district's permanent road fund  whether  levied  annually  or
 3    not.   The  extension  for  a  special  service  area  is not
 4    included in the aggregate extension.
 5        "Aggregate extension base" means  the  taxing  district's
 6    last preceding aggregate extension as adjusted under Sections
 7    18-215 through 18-230.
 8        "Levy  year" has the same meaning as "year" under Section
 9    1-155.
10        "New property" means (i) the assessed value, after  final
11    board   of   review  or  board  of  appeals  action,  of  new
12    improvements or additions to  existing  improvements  on  any
13    parcel  of  real property that increase the assessed value of
14    that real property during the levy  year  multiplied  by  the
15    equalization  factor  issued  by the Department under Section
16    17-30 and (ii) the  assessed  value,  after  final  board  of
17    review  or  board  of  appeals  action,  of real property not
18    exempt from real estate taxation,  which  real  property  was
19    exempt  from  real  estate  taxation  for  any portion of the
20    immediately  preceding   levy   year,   multiplied   by   the
21    equalization  factor  issued  by the Department under Section
22    17-30. In addition, the county clerk in a county containing a
23    population of 3,000,000 or more shall  include  in  the  1997
24    recovered  tax  increment  value for any school district, any
25    recovered tax increment value that was applicable to the 1995
26    tax year calculations.
27        "Qualified airport authority" means an airport  authority
28    organized  under the Airport Authorities Act and located in a
29    county bordering on the  State  of  Wisconsin  and  having  a
30    population in excess of 200,000 and not greater than 500,000.
31        "Recovered   tax   increment   value"  means,  except  as
32    otherwise provided in  this  paragraph,  the  amount  of  the
33    current  year's  equalized  assessed value, in the first year
34    after a municipality terminates the designation of an area as
 
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 1    a redevelopment project area previously established under the
 2    Tax Increment Allocation  Development  Act  in  the  Illinois
 3    Municipal  Code,  previously established under the Industrial
 4    Jobs  Recovery  Law  in  the  Illinois  Municipal  Code,   or
 5    previously  established  under  the Economic Development Area
 6    Tax Increment Allocation Act, of  each  taxable  lot,  block,
 7    tract,  or  parcel  of  real  property  in  the redevelopment
 8    project area over and above the  initial  equalized  assessed
 9    value of each property in the redevelopment project area. For
10    the  taxes  which  are  extended  for the 1997 levy year, the
11    recovered tax increment value  for  a  non-home  rule  taxing
12    district  that  first became subject to this Law for the 1995
13    levy year because a majority of its 1994  equalized  assessed
14    value  was  in  an  affected  county  or  counties  shall  be
15    increased  if a municipality terminated the designation of an
16    area in 1993  as  a  redevelopment  project  area  previously
17    established  under  the  Tax Increment Allocation Development
18    Act in the Illinois Municipal  Code,  previously  established
19    under  the  Industrial  Jobs  Recovery  Law  in  the Illinois
20    Municipal Code, or previously established under the  Economic
21    Development  Area  Tax Increment Allocation Act, by an amount
22    equal to the 1994 equalized assessed value  of  each  taxable
23    lot,  block,  tract,  or  parcel  of  real  property  in  the
24    redevelopment   project  area  over  and  above  the  initial
25    equalized  assessed   value   of   each   property   in   the
26    redevelopment  project  area.  In  the  first  year  after  a
27    municipality  removes  a taxable lot, block, tract, or parcel
28    of  real  property  from   a   redevelopment   project   area
29    established  under  the  Tax Increment Allocation Development
30    Act in the  Illinois  Municipal  Code,  the  Industrial  Jobs
31    Recovery  Law in the Illinois Municipal Code, or the Economic
32    Development Area Tax Increment Allocation Act, "recovered tax
33    increment value" means  the  amount  of  the  current  year's
34    equalized  assessed  value of each taxable lot, block, tract,
 
SB153 Engrossed             -14-     LRB093 02569 MKM 02579 b
 1    or parcel of real property  removed  from  the  redevelopment
 2    project  area  over  and above the initial equalized assessed
 3    value  of  that  real  property  before  removal   from   the
 4    redevelopment project area.
 5        Except  as  otherwise provided in this Section, "limiting
 6    rate" means a fraction the numerator of  which  is  the  last
 7    preceding  aggregate  extension base times an amount equal to
 8    one plus the extension limitation defined in this Section and
 9    the denominator of which  is  the  current  year's  equalized
10    assessed  value  of  all real property in the territory under
11    the jurisdiction of the taxing district during the prior levy
12    year.   For  those  taxing  districts  that   reduced   their
13    aggregate  extension  for  the  last preceding levy year, the
14    highest aggregate extension in any of the  last  3  preceding
15    levy  years  shall  be  used for the purpose of computing the
16    limiting  rate.   The  denominator  shall  not  include   new
17    property.   The  denominator  shall not include the recovered
18    tax increment value.
19    (Source: P.A. 91-357, eff.  7-29-99;  91-478,  eff.  11-1-99;
20    92-547, eff. 6-13-02.)

21        Section  15.   The  Public  Building  Commission  Act  is
22    amended by changing Sections 3 and 18 as follows:

23        (50 ILCS 20/3) (from Ch. 85, par. 1033)
24        Sec.  3.  The following terms, wherever used, or referred
25    to in this Act, mean unless the context  clearly  requires  a
26    different meaning:
27        (a)  "Commission"  means  a  Public  Building  Commission
28    created pursuant to this Act.
29        (b)  "Commissioner"    or    "Commissioners"    means   a
30    Commissioner  or   Commissioners   of   a   Public   Building
31    Commission.
32        (c)  "County seat" means a city, village or town which is
 
SB153 Engrossed             -15-     LRB093 02569 MKM 02579 b
 1    the county seat of a county.
 2        (d)  "Municipality"    means   any   city,   village   or
 3    incorporated town of the State of Illinois.
 4        (e)  "Municipal corporation"  includes  a  county,  city,
 5    village,  town,  (including  a  county  seat), park district,
 6    school district in a county of 3,000,000 or more  population,
 7    board  of  education  of  a  school  district  in a county of
 8    3,000,000 or  more  population,  sanitary  district,  airport
 9    authority  contiguous with the County Seat as of July 1, 1969
10    and any other municipal body or governmental  agency  of  the
11    State  but  does not include a school district in a county of
12    less than 3,000,000 population, a board  of  education  of  a
13    school   district   in   a  county  of  less  than  3,000,000
14    population, or a community college district in  a  county  of
15    less than 3,000,000 population.
16        (f)  "Governing  body"  includes  a  city council, county
17    board, or any other body or board, by whatever name it may be
18    known, charged with the governing of a municipal corporation.
19        (g)  "Presiding officer" includes the mayor or  president
20    of a city, village or town, the presiding officer of a county
21    board,  or  the  presiding  officer  of  any  other  board or
22    commission, as the case may be.
23        (h)  "Oath" means oath or affirmation.
24        (i)  "Building" means an improvement to real estate to be
25    made available for use by a  municipal  corporation  for  the
26    furnishing of governmental services to its citizens, together
27    with  any  land  or  interest  in land necessary or useful in
28    connection with the improvement.
29        (j)  "Public building commission lease rental base" means
30    that term as it is  defined  in  the  Local  Government  Debt
31    Reform Act.
32    (Source: P.A. 88-304.)

33        (50 ILCS 20/18) (from Ch. 85, par. 1048)
 
SB153 Engrossed             -16-     LRB093 02569 MKM 02579 b
 1        Sec.   18.  Whenever,   and  as  often  as,  a  municipal
 2    corporation having taxing power enters into a  lease  with  a
 3    Public  Building  Commission,  the  governing  body  of  such
 4    municipal   corporation   shall   provide   by  ordinance  or
 5    resolution, as the case may be, for the levy  and  collection
 6    of  a direct annual tax (i) sufficient to pay the annual rent
 7    payable under such lease as  and  when  it  becomes  due  and
 8    payable  or  (ii), if applicable, in the amount of the public
 9    building commission lease rental base allocated to the lease.
10    A certified copy of the lease of such  municipal  corporation
11    and  a  certified  copy  of  the  tax  levying  ordinance  or
12    resolution, as the case may be, of such municipal corporation
13    shall  be  filed  in  the  office of the county clerk in each
14    county  in  which  any  portion  of  the  territory  of  such
15    municipal corporation is  situated,  which  certified  copies
16    shall  constitute  the  authority  for  the  county  clerk or
17    clerks, in each  case,  to  extend  the  taxes  annually  (i)
18    necessary  to pay the annual rent payable under such lease as
19    and when it becomes due and payable or (ii),  if  applicable,
20    in  the amount of the public building commission lease rental
21    base allocated to the lease. No taxes shall be  extended  for
22    any  lease  entered  into  after  the  effective date of this
23    amendatory Act of 1993, however, until after a public hearing
24    on the lease. The clerk or secretary of the governing body of
25    the municipal corporation shall cause notice of the time  and
26    place  of the hearing to be published at least once, at least
27    15 days before the  hearing,  in  a  newspaper  published  or
28    having  general circulation within the municipal corporation.
29    If no such newspaper exists, the  clerk  or  secretary  shall
30    cause  the  notice  to be posted, at least 15 days before the
31    hearing,  in  at  least  10  conspicuous  places  within  the
32    municipal corporation. The notice shall be in  the  following
33    form:
34        NOTICE  OF  PUBLIC  HEARING ON LEASE between (name of the
 
SB153 Engrossed             -17-     LRB093 02569 MKM 02579 b
 1    municipal corporation)  and  (name  of  the  public  building
 2    commission).
 3        A  public  hearing regarding a lease between (name of the
 4    municipal corporation)  and  (name  of  the  public  building
 5    commission)  will  be  held by (name of the governing body of
 6    the municipal corporation) on (date) at (time) at (location).
 7    The largest yearly rental payment set forth in the  lease  is
 8    ($ amount).  The maximum length of the lease is (years).
 9        The  purpose  of  the  lease  is  (explain in 25 words or
10    less).
11    Dated (insert date).
12                          By Order of (name of the governing body
13                                    of the Municipal Corporation)
14                                                  /s/............
15                                               Clerk or Secretary
16        At the hearing, all persons residing or  owning  property
17    in  the municipal corporation shall have an opportunity to be
18    heard orally, in writing, or both.
19        Upon the filing of the certified copies of the lease  and
20    the  tax levying ordinance or resolution in the office of the
21    county clerk or clerks of the proper county or  counties,  it
22    shall be the duty of such county clerk or clerks to ascertain
23    the  rate  per  cent  which,  upon  the value of all property
24    subject to taxation within the municipal corporation, as that
25    property is  assessed  or  equalized  by  the  Department  of
26    Revenue,  will  produce a net amount of not less than (i) the
27    amount of the annual rent reserved in such lease or (ii),  if
28    applicable,  the  amount  of  the  public building commission
29    lease rental base allocated to the lease.  The  county  clerk
30    or clerks shall thereupon, and thereafter annually during the
31    term  of  the  lease, extend taxes against all of the taxable
32    property  contained  in  that   municipal   corporation   (i)
33    sufficient to pay the annual rental reserved in such lease or
34    (ii),  if  applicable,  in  the amount of the public building
 
SB153 Engrossed             -18-     LRB093 02569 MKM 02579 b
 1    commission lease rental base allocated to the lease. Such tax
 2    shall be levied and collected in like manner with  the  other
 3    taxes  of such municipal corporation and shall be in addition
 4    to all other taxes now or hereafter authorized to  be  levied
 5    by  that  municipal  corporation.   Except for the limitation
 6    provided for the allocated  amount  of  the  public  building
 7    commission  lease  rental base, if applicable, this tax shall
 8    not be included within any statutory limitation  of  rate  or
 9    amount  for  that municipal corporation but shall be excluded
10    therefrom and be in addition thereto and in  excess  thereof.
11    The  fund  realized from such tax levy shall be set aside for
12    the payment of the annual rent and shall not be disbursed for
13    any other purpose until the annual rental has  been  paid  in
14    full.  This Section shall not be construed to limit the power
15    of  the  Commission  to  enter into leases with any municipal
16    corporation whether or not the municipal corporation has  the
17    power  of  taxation.   This Section shall not be construed to
18    require taxes to be levied  or  extended  in  excess  of  the
19    allocated  portion  of  a  public  building  commission lease
20    rental base, if applicable.
21    (Source: P.A. 92-16, eff. 6-28-01.)

22        Section 20.  The Counties Code  is  amended  by  changing
23    Section 5-1024 as follows:

24        (55 ILCS 5/5-1024) (from Ch. 34, par. 5-1024)
25        Sec.  5-1024.  Taxes.   A  county  board  may cause to be
26    levied  and  collected  annually,   except   as   hereinafter
27    provided,  taxes  for county purposes, including all purposes
28    for which money may be raised by the county by  taxation,  in
29    counties  having  80,000  or  more  but  less  than 3,000,000
30    inhabitants at a rate not exceeding .25%,  of  the  value  as
31    equalized  or  assessed  by  the  Department  of  Revenue; in
32    counties  with  less  than  80,000  but  more   than   15,000
 
SB153 Engrossed             -19-     LRB093 02569 MKM 02579 b
 1    inhabitants  at  a  rate  not exceeding .27%, of the value as
 2    equalized or  assessed  by  the  Department  of  Revenue;  in
 3    counties   with  less  than  80,000  inhabitants  which  have
 4    authorized a tax by  referendum  under  Section  7-2  of  the
 5    Juvenile  Court  Act  prior  to  the  effective  date of this
 6    amendatory Act of 1985, at a rate not exceeding .32%, of  the
 7    value  as equalized or assessed by the Department of Revenue;
 8    and in counties with 15,000 or fewer inhabitants  at  a  rate
 9    not  exceeding .37%, of the value as equalized or assessed by
10    the Department of Revenue; and in counties  having  3,000,000
11    or  more  inhabitants for each even numbered year, subject to
12    the abatement requirements hereinafter provided,  at  a  rate
13    not  exceeding .39% of the value, as equalized or assessed by
14    the Department of Revenue, and for each  odd  numbered  year,
15    subject  to  the abatement requirements hereinafter provided,
16    at a rate not exceeding .35% of the  value  as  equalized  or
17    assessed  by  the Department of Revenue, except taxes for the
18    payment of interest on and principal of  bonded  indebtedness
19    heretofore  duly authorized for the construction of State aid
20    roads in the county as defined in "An Act to revise  the  law
21    in relation to roads and bridges", approved June 27, 1913, or
22    for  the  construction  of  county highways as defined in the
23    Illinois Highway Code, and except taxes for  the  payment  of
24    interest   on  and  principal  of  bonded  indebtedness  duly
25    authorized without a vote of the people of  the  county,  and
26    except taxes authorized as additional by a vote of the people
27    of  the  county,  and  except  taxes  for  working  cash fund
28    purposes, and except taxes as authorized by  Sections  5-601,
29    5-602,  5-603,  5-604 and 6-512 of the Illinois Highway Code,
30    and except taxes authorized under Section 7  of  the  Village
31    Library  Act,  and except taxes levied to pay the annual rent
32    payments due under a lease entered into by the county with  a
33    Public Building Commission as authorized by Section 18 of the
34    Public Building Commission Act, including payments to be made
 
SB153 Engrossed             -20-     LRB093 02569 MKM 02579 b
 1    from  the  public  building  commission  lease rental base as
 2    defined in the Local Government Debt Reform Act,  and  except
 3    taxes  levied  allocable  to  the  public building commission
 4    lease rental base alternate tax levy as defined in the  Local
 5    Government  Debt  Reform  Act, and except taxes levied to pay
 6    principal of and interest on limited bonds as defined in  the
 7    Local  Government  Debt  Reform Act,  and except taxes levied
 8    under Division 6-3,  and  except  taxes  levied  for  general
 9    assistance  for  needy  persons  in counties under commission
10    form of government and except taxes levied under  the  County
11    Care  for  Persons  with  Developmental Disabilities Act, and
12    except taxes levied under the Community  Mental  Health  Act,
13    and  except  taxes  levied  under  Section  5-1025 to pay the
14    expenses of elections and except taxes levied under  "An  Act
15    to  provide  the  manner of levying or imposing taxes for the
16    provision of special services to areas within the  boundaries
17    of  home  rule  units  and  non-home  rule municipalities and
18    counties", approved September  21,  1973,  and  except  taxes
19    levied  under  Section  3a of the Revenue Act of 1939 for the
20    purposes of helping to pay for the expenses of the assessor's
21    office, and except taxes  levied  under  Division  5-21,  and
22    except  taxes  levied pursuant to Section 19 of "The Illinois
23    Emergency Services and Disaster Agency Act of 1975",  as  now
24    or  hereafter  amended,  and  except taxes levied pursuant to
25    Division 5-23, and except taxes levied under Section 5 of the
26    County Shelter Care and Detention Home Act, and except  taxes
27    levied  under  the Children's Advocacy Center Act, and except
28    taxes levied under Section 9-107 of  the  Local  Governmental
29    and Governmental Employees Tort Immunity Act.
30        Those  taxes  a  county  has levied and excepted from the
31    rate limitation imposed by this Section or Section  25.05  of
32    "An  Act to revise the law in relation to counties", approved
33    March 31, 1874, in reliance on this amendatory  Act  of  1994
34    are not invalid because of any provision of this Section that
 
SB153 Engrossed             -21-     LRB093 02569 MKM 02579 b
 1    may be construed to or may have been construed to restrict or
 2    limit   those   taxes  levied  and  those  taxes  are  hereby
 3    validated. This validation of taxes  levied  applies  to  all
 4    cases  pending  on  or  after  the  effective  date  of  this
 5    amendatory Act of 1994.
 6        Nothing contained in this amendatory Act of 1994 shall be
 7    construed  to  affect  the  application  of  the Property Tax
 8    Extension Limitation Law.
 9        Any tax levied for general assistance for  needy  persons
10    in  any  county  in  addition to and in excess of the maximum
11    levy permitted by this Section for  general  county  purposes
12    shall  be paid into a special fund in the county treasury and
13    used only for the purposes for which it is levied except that
14    any excess in such fund over the amount  needed  for  general
15    assistance  may  be used for County Nursing Home purposes and
16    shall not exceed .10% of the value, as equalized or  assessed
17    by  the  Department  of Revenue. Any taxes levied for general
18    assistance pursuant to this Section may also be used for  the
19    payment  of  warrants   issued against and in anticipation of
20    such taxes and accrued interest thereon and may also be  used
21    for  the  payment  of  costs  of  administering  such general
22    assistance.
23        In counties having 3,000,000 or more  inhabitants,  taxes
24    levied  for  any  year  for  any  purpose or purposes, except
25    amounts levied for the  payment  of  bonded  indebtedness  or
26    interest  thereon  and  for  pension fund purpose, and except
27    taxes levied to pay the annual  rent  payments  due  under  a
28    lease  entered  into  by  the  county  with a Public Building
29    Commission as authorized by Section 18 of the Public Building
30    Commission Act, are subject to the limitation that they shall
31    not exceed the estimated amount of taxes to be levied for the
32    year for the purpose or purposes as determined in  accordance
33    with   Section   6-24001   and   set   forth  in  the  annual
34    appropriation bill of the county and in ascertaining the rate
 
SB153 Engrossed             -22-     LRB093 02569 MKM 02579 b
 1    per cent that will produce the amount of any  tax  levied  in
 2    any county, the county clerk shall not add to the tax or rate
 3    any  sum  or  amount to cover the loss and cost of collecting
 4    the tax, except in the case of amounts levied for the payment
 5    of bonded indebtedness or interest thereon, and in  the  case
 6    of amounts levied for pension fund purposes, and except taxes
 7    levied  to  pay  the  annual  rent payments due under a lease
 8    entered into by the county with a Public Building  Commission
 9    as authorized by Section 18 of the Public Building Commission
10    Act.
11        In  counties  having  a  population  of 3,000,000 or more
12    inhabitants, the county clerk shall  in  each  even  numbered
13    year,  before  extending  the county tax for the year, reduce
14    the levy for county  purposes  for  the  year  (exclusive  of
15    levies for payment of indebtedness and payment of interest on
16    and  principal  of  bonded  indebtedness  as  aforesaid,  and
17    exclusive of county highway taxes as aforesaid, and exclusive
18    of  pension  fund  taxes,  and except taxes levied to pay the
19    annual rent payments due under a lease entered  into  by  the
20    county  with  a  Public  Building Commission as authorized by
21    Section 18 of the Public  Building  Commission  Act)  in  the
22    manner  described  and  in  an  amount  to  be  determined as
23    follows: If the amount received from the  collection  of  the
24    tax  levied  in  the  last  preceding  even numbered year for
25    county  purposes  as  aforesaid,  as  shown  by  the   county
26    treasurer's  final  settlement  for  the  last preceding even
27    numbered year and also by subsequent receipts  of  delinquent
28    taxes  for  the  county  purposes  fund  levied  for the last
29    preceding even numbered year, equals or  exceeds  the  amount
30    produced  by  multiplying  the  rate  extended for the county
31    purposes for the last preceding even  numbered  year  by  the
32    total  assessed  valuation of all property in the county used
33    in the year for purposes of state and county  taxes,  and  by
34    deducting therefrom the amount appropriated to cover the loss
 
SB153 Engrossed             -23-     LRB093 02569 MKM 02579 b
 1    and  cost  of  collecting  taxes  to be levied for the county
 2    purposes fund for the last preceding even numbered year,  the
 3    clerk in determining the rate per cent to be extended for the
 4    county purposes fund shall deduct from the amount of the levy
 5    certified  to  him  for county purposes as aforesaid for even
 6    numbered years the amount received by  the  county  clerk  or
 7    withheld   by  the  county  treasurer  from  other  municipal
 8    corporations within the county as their  pro  rata  share  of
 9    election  expenses for the last preceding even numbered year,
10    as authorized in Sections 13-11, 13-12, 13-13 and 16-2 of the
11    Election Code, and the clerk in these counties  shall  extend
12    only the net amount remaining after such deductions.
13        The foregoing limitations upon tax rates, insofar as they
14    are   applicable  to  counties  having  less  than  3,000,000
15    inhabitants,  may  be  increased  or  decreased   under   the
16    referendum  provisions of the General Revenue Law of Illinois
17    and there shall be no limit on the rate  of  tax  for  county
18    purposes  that  may  be  levied  by  a  county so long as any
19    increase in the rate is  authorized  by  referendum  in  that
20    county.
21        Any  county  having  a  population of less than 3,000,000
22    inhabitants that has determined to  change  its  fiscal  year
23    may,  as a means of effectuating a change, instead of levying
24    taxes for a one-year period, levy taxes for a period  greater
25    or less than a year as may be necessary.
26        In  counties  having  less than 3,000,000 inhabitants, in
27    ascertaining the rate per cent that will produce  the  amount
28    of  any tax levied in that county, the County Clerk shall not
29    add to the tax or rate any sum or amount to  cover  the  loss
30    and  cost of collecting the tax except in the case of amounts
31    levied for the payment of  bonded  indebtedness  or  interest
32    thereon  and  in  the case of amounts levied for pension fund
33    purposes and except taxes  levied  to  pay  the  annual  rent
34    payments  due under a lease entered into by the county with a
 
SB153 Engrossed             -24-     LRB093 02569 MKM 02579 b
 1    Public Building Commission as authorized by Section 18 of the
 2    Public Building Commission Act.
 3        A county shall not have its maximum tax rate reduced as a
 4    result of a population increase indicated by the 1980 federal
 5    census.
 6    (Source: P.A. 91-51, eff. 6-30-99.)

 7        Section 99.  Effective date.  This Act takes effect  upon
 8    becoming law.
 
SB153 Engrossed             -25-     LRB093 02569 MKM 02579 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    30 ILCS 350/3             from Ch. 17, par. 6903
 4    30 ILCS 350/15.01
 5    35 ILCS 200/18-185
 6    50 ILCS 20/3              from Ch. 85, par. 1033
 7    50 ILCS 20/18             from Ch. 85, par. 1048
 8    55 ILCS 5/5-1024          from Ch. 34, par. 5-1024