Revenue & Finance Committee

Filed: 11/16/2010

 

 


 

 


 
09600SB3544ham001LRB096 20716 NHT 43003 a

1
AMENDMENT TO SENATE BILL 3544

2    AMENDMENT NO. ______. Amend Senate Bill 3544 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Sections 18-185 and 18-213 as follows:
 
6    (35 ILCS 200/18-185)
7    Sec. 18-185. Short title; definitions. This Division 5 may
8be cited as the Property Tax Extension Limitation Law. As used
9in 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.

 

 

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

 

 

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

 

 

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1(b), (c), (e), and (h) of this definition for non-referendum
2obligations, except obligations initially issued pursuant to
3referendum; (j) made for payments of principal and interest on
4bonds issued under Section 15 of the Local Government Debt
5Reform Act; (k) made by a school district that participates in
6the Special Education District of Lake County, created by
7special education joint agreement under Section 10-22.31 of the
8School Code, for payment of the school district's share of the
9amounts required to be contributed by the Special Education
10District of Lake County to the Illinois Municipal Retirement
11Fund under Article 7 of the Illinois Pension Code; the amount
12of any extension under this item (k) shall be certified by the
13school district to the county clerk; (l) made to fund expenses
14of providing joint recreational programs for the handicapped
15under Section 5-8 of the Park District Code or Section 11-95-14
16of the Illinois Municipal Code; (m) made for temporary
17relocation loan repayment purposes pursuant to Sections 2-3.77
18and 17-2.2d of the School Code; (n) made for payment of
19principal and interest on any bonds issued under the authority
20of Section 17-2.2d of the School Code; and (o) made for
21contributions to a firefighter's pension fund created under
22Article 4 of the Illinois Pension Code, to the extent of the
23amount certified under item (5) of Section 4-134 of the
24Illinois Pension Code.
25    "Aggregate extension" for the taxing districts to which
26this Law did not apply before the 1995 levy year (except taxing

 

 

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1districts subject to this Law in accordance with Section
218-213) means the annual corporate extension for the taxing
3district and those special purpose extensions that are made
4annually for the taxing district, excluding special purpose
5extensions: (a) made for the taxing district to pay interest or
6principal on general obligation bonds that were approved by
7referendum; (b) made for any taxing district to pay interest or
8principal on general obligation bonds issued before March 1,
91995; (c) made for any taxing district to pay interest or
10principal on bonds issued to refund or continue to refund those
11bonds issued before March 1, 1995; (d) made for any taxing
12district to pay interest or principal on bonds issued to refund
13or continue to refund bonds issued after March 1, 1995 that
14were approved by referendum; (e) made for any taxing district
15to pay interest or principal on revenue bonds issued before
16March 1, 1995 for payment of which a property tax levy or the
17full faith and credit of the unit of local government is
18pledged; however, a tax for the payment of interest or
19principal on those bonds shall be made only after the governing
20body of the unit of local government finds that all other
21sources for payment are insufficient to make those payments;
22(f) made for payments under a building commission lease when
23the lease payments are for the retirement of bonds issued by
24the commission before March 1, 1995 to pay for the building
25project; (g) made for payments due under installment contracts
26entered into before March 1, 1995; (h) made for payments of

 

 

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1principal and interest on bonds issued under the Metropolitan
2Water Reclamation District Act to finance construction
3projects initiated before October 1, 1991; (h-4) made for
4stormwater management purposes by the Metropolitan Water
5Reclamation District of Greater Chicago under Section 12 of the
6Metropolitan Water Reclamation District Act; (i) made for
7payments of principal and interest on limited bonds, as defined
8in Section 3 of the Local Government Debt Reform Act, in an
9amount not to exceed the debt service extension base less the
10amount in items (b), (c), and (e) of this definition for
11non-referendum obligations, except obligations initially
12issued pursuant to referendum and bonds described in subsection
13(h) of this definition; (j) made for payments of principal and
14interest on bonds issued under Section 15 of the Local
15Government Debt Reform Act; (k) made for payments of principal
16and interest on bonds authorized by Public Act 88-503 and
17issued under Section 20a of the Chicago Park District Act for
18aquarium or museum projects; (l) made for payments of principal
19and interest on bonds authorized by Public Act 87-1191 or
2093-601 and (i) issued pursuant to Section 21.2 of the Cook
21County Forest Preserve District Act, (ii) issued under Section
2242 of the Cook County Forest Preserve District Act for
23zoological park projects, or (iii) issued under Section 44.1 of
24the Cook County Forest Preserve District Act for botanical
25gardens projects; (m) made pursuant to Section 34-53.5 of the
26School Code, whether levied annually or not; (n) made to fund

 

 

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1expenses of providing joint recreational programs for the
2handicapped under Section 5-8 of the Park District Code or
3Section 11-95-14 of the Illinois Municipal Code; (o) made by
4the Chicago Park District for recreational programs for the
5handicapped under subsection (c) of Section 7.06 of the Chicago
6Park District Act; (p) made for contributions to a
7firefighter's pension fund created under Article 4 of the
8Illinois Pension Code, to the extent of the amount certified
9under item (5) of Section 4-134 of the Illinois Pension Code;
10and (q) made by Ford Heights School District 169 under Section
1117-9.02 of the School Code.
12    "Aggregate extension" for all taxing districts to which
13this Law applies in accordance with Section 18-213, except for
14those taxing districts subject to paragraph (2) of subsection
15(e) of Section 18-213, means the annual corporate extension for
16the taxing district and those special purpose extensions that
17are made annually for the taxing district, excluding special
18purpose extensions: (a) made for the taxing district to pay
19interest or principal on general obligation bonds that were
20approved by referendum; (b) made for any taxing district to pay
21interest or principal on general obligation bonds issued before
22the date on which the referendum making this Law applicable to
23the taxing district is held; (c) made for any taxing district
24to pay interest or principal on bonds issued to refund or
25continue to refund those bonds issued before the date on which
26the referendum making this Law applicable to the taxing

 

 

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1district is held; (d) made for any taxing district to pay
2interest or principal on bonds issued to refund or continue to
3refund bonds issued after the date on which the referendum
4making this Law applicable to the taxing district is held if
5the bonds were approved by referendum after the date on which
6the referendum making this Law applicable to the taxing
7district is held; (e) made for any taxing district to pay
8interest or principal on revenue bonds issued before the date
9on which the referendum making this Law applicable to the
10taxing district is held for payment of which a property tax
11levy or the full faith and credit of the unit of local
12government is pledged; however, a tax for the payment of
13interest or principal on those bonds shall be made only after
14the governing body of the unit of local government finds that
15all other sources for payment are insufficient to make those
16payments; (f) made for payments under a building commission
17lease when the lease payments are for the retirement of bonds
18issued by the commission before the date on which the
19referendum making this Law applicable to the taxing district is
20held to pay for the building project; (g) made for payments due
21under installment contracts entered into before the date on
22which the referendum making this Law applicable to the taxing
23district is held; (h) made for payments of principal and
24interest on limited bonds, as defined in Section 3 of the Local
25Government Debt Reform Act, in an amount not to exceed the debt
26service extension base less the amount in items (b), (c), and

 

 

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1(e) of this definition for non-referendum obligations, except
2obligations initially issued pursuant to referendum; (i) made
3for payments of principal and interest on bonds issued under
4Section 15 of the Local Government Debt Reform Act; (j) made
5for a qualified airport authority to pay interest or principal
6on general obligation bonds issued for the purpose of paying
7obligations due under, or financing airport facilities
8required to be acquired, constructed, installed or equipped
9pursuant to, contracts entered into before March 1, 1996 (but
10not including any amendments to such a contract taking effect
11on or after that date); (k) made to fund expenses of providing
12joint recreational programs for the handicapped under Section
135-8 of the Park District Code or Section 11-95-14 of the
14Illinois Municipal Code; (l) made for contributions to a
15firefighter'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 (m) made for the taxing district to pay interest or
19principal on general obligation bonds issued pursuant to
20Section 19-3.10 of the School Code.
21    "Aggregate extension" for all taxing districts to which
22this Law applies in accordance with paragraph (2) of subsection
23(e) of Section 18-213 means the annual corporate extension for
24the taxing district and those special purpose extensions that
25are made annually for the taxing district, excluding special
26purpose extensions: (a) made for the taxing district to pay

 

 

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1interest or principal on general obligation bonds that were
2approved by referendum; (b) made for any taxing district to pay
3interest or principal on general obligation bonds issued before
4the effective date of this amendatory Act of 1997; (c) made for
5any taxing district to pay interest or principal on bonds
6issued to refund or continue to refund those bonds issued
7before the effective date of this amendatory Act of 1997; (d)
8made for any taxing district to pay interest or principal on
9bonds issued to refund or continue to refund bonds issued after
10the effective date of this amendatory Act of 1997 if the bonds
11were approved by referendum after the effective date of this
12amendatory Act of 1997; (e) made for any taxing district to pay
13interest or principal on revenue bonds issued before the
14effective date of this amendatory Act of 1997 for payment of
15which a property tax levy or the full faith and credit of the
16unit of local government is pledged; however, a tax for the
17payment of interest or principal on those bonds shall be made
18only after the governing body of the unit of local government
19finds that all other sources for payment are insufficient to
20make those payments; (f) made for payments under a building
21commission lease when the lease payments are for the retirement
22of bonds issued by the commission before the effective date of
23this amendatory Act of 1997 to pay for the building project;
24(g) made for payments due under installment contracts entered
25into before the effective date of this amendatory Act of 1997;
26(h) made for payments of principal and interest on limited

 

 

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1bonds, as defined in Section 3 of the Local Government Debt
2Reform Act, in an amount not to exceed the debt service
3extension base less the amount in items (b), (c), and (e) of
4this definition for non-referendum obligations, except
5obligations initially issued pursuant to referendum; (i) made
6for payments of principal and interest on bonds issued under
7Section 15 of the Local Government Debt Reform Act; (j) made
8for a qualified airport authority to pay interest or principal
9on general obligation bonds issued for the purpose of paying
10obligations due under, or financing airport facilities
11required to be acquired, constructed, installed or equipped
12pursuant to, contracts entered into before March 1, 1996 (but
13not including any amendments to such a contract taking effect
14on or after that date); (k) made to fund expenses of providing
15joint recreational programs for the handicapped under Section
165-8 of the Park District Code or Section 11-95-14 of the
17Illinois Municipal Code; and (l) made for contributions to a
18firefighter's pension fund created under Article 4 of the
19Illinois Pension Code, to the extent of the amount certified
20under item (5) of Section 4-134 of the Illinois Pension Code.
21    "Debt service extension base" means an amount equal to that
22portion of the extension for a taxing district for the 1994
23levy year, or for those taxing districts subject to this Law in
24accordance with Section 18-213, except for those subject to
25paragraph (2) of subsection (e) of Section 18-213, for the levy
26year in which the referendum making this Law applicable to the

 

 

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1taxing district is held, or for those taxing districts subject
2to this Law in accordance with paragraph (2) of subsection (e)
3of Section 18-213 for the 1996 levy year, constituting an
4extension for payment of principal and interest on bonds issued
5by the taxing district, or issued by any of the individual
6taxing districts that merged or consolidated to form the taxing
7district, without referendum, but not including excluded
8non-referendum bonds. For park districts (i) that were first
9subject to this Law in 1991 or 1995 and (ii) whose extension
10for the 1994 levy year for the payment of principal and
11interest on bonds issued by the park district without
12referendum (but not including excluded non-referendum bonds)
13was less than 51% of the amount for the 1991 levy year
14constituting an extension for payment of principal and interest
15on bonds issued by the park district without referendum (but
16not including excluded non-referendum bonds), "debt service
17extension base" means an amount equal to that portion of the
18extension for the 1991 levy year constituting an extension for
19payment of principal and interest on bonds issued by the park
20district without referendum (but not including excluded
21non-referendum bonds). A debt service extension base
22established or increased at any time pursuant to any provision
23of this Law, except Section 18-212, shall be increased each
24year commencing with the later of (i) the 2009 levy year or
25(ii) the first levy year in which this Law becomes applicable
26to the taxing district, by the lesser of 5% or the percentage

 

 

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1increase in the Consumer Price Index during the 12-month
2calendar year preceding the levy year. The debt service
3extension base may be established or increased as provided
4under Section 18-212. "Excluded non-referendum bonds" means
5(i) bonds authorized by Public Act 88-503 and issued under
6Section 20a of the Chicago Park District Act for aquarium and
7museum projects; (ii) bonds issued under Section 15 of the
8Local Government Debt Reform Act; or (iii) refunding
9obligations issued to refund or to continue to refund
10obligations initially issued pursuant to referendum.
11    "Special purpose extensions" include, but are not limited
12to, extensions for levies made on an annual basis for
13unemployment and workers' compensation, self-insurance,
14contributions to pension plans, and extensions made pursuant to
15Section 6-601 of the Illinois Highway Code for a road
16district's permanent road fund whether levied annually or not.
17The extension for a special service area is not included in the
18aggregate extension.
19    "Aggregate extension base" means the taxing district's
20last preceding aggregate extension as adjusted under Sections
2118-135, 18-215, and 18-230. An adjustment under Section 18-135
22shall be made for the 2007 levy year and all subsequent levy
23years whenever one or more counties within which a taxing
24district is located (i) used estimated valuations or rates when
25extending taxes in the taxing district for the last preceding
26levy year that resulted in the over or under extension of

 

 

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1taxes, or (ii) increased or decreased the tax extension for the
2last preceding levy year as required by Section 18-135(c).
3Whenever an adjustment is required under Section 18-135, the
4aggregate extension base of the taxing district shall be equal
5to the amount that the aggregate extension of the taxing
6district would have been for the last preceding levy year if
7either or both (i) actual, rather than estimated, valuations or
8rates had been used to calculate the extension of taxes for the
9last levy year, or (ii) the tax extension for the last
10preceding levy year had not been adjusted as required by
11subsection (c) of Section 18-135.
12    "Levy year" has the same meaning as "year" under Section
131-155.
14    "New property" means (i) the assessed value, after final
15board of review or board of appeals action, of new improvements
16or additions to existing improvements on any parcel of real
17property that increase the assessed value of that real property
18during the levy year multiplied by the equalization factor
19issued by the Department under Section 17-30, (ii) the assessed
20value, after final board of review or board of appeals action,
21of real property not exempt from real estate taxation, which
22real property was exempt from real estate taxation for any
23portion of the immediately preceding levy year, multiplied by
24the equalization factor issued by the Department under Section
2517-30, including the assessed value, upon final stabilization
26of occupancy after new construction is complete, of any real

 

 

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1property located within the boundaries of an otherwise or
2previously exempt military reservation that is intended for
3residential use and owned by or leased to a private corporation
4or other entity, and (iii) in counties that classify in
5accordance with Section 4 of Article IX of the Illinois
6Constitution, an incentive property's additional assessed
7value resulting from a scheduled increase in the level of
8assessment as applied to the first year final board of review
9market value. In addition, the county clerk in a county
10containing a population of 3,000,000 or more shall include in
11the 1997 recovered tax increment value for any school district,
12any recovered tax increment value that was applicable to the
131995 tax year calculations.
14    "Qualified airport authority" means an airport authority
15organized under the Airport Authorities Act and located in a
16county bordering on the State of Wisconsin and having a
17population in excess of 200,000 and not greater than 500,000.
18    "Recovered tax increment value" means, except as otherwise
19provided in this paragraph, the amount of the current year's
20equalized assessed value, in the first year after a
21municipality terminates the designation of an area as a
22redevelopment project area previously established under the
23Tax Increment Allocation Development Act in the Illinois
24Municipal Code, previously established under the Industrial
25Jobs Recovery Law in the Illinois Municipal Code, previously
26established under the Economic Development Project Area Tax

 

 

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

 

 

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

 

 

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1specified in the proposition, after which the limiting rate of
2the taxing district shall be calculated as otherwise provided.
3(Source: P.A. 95-90, eff. 1-1-08; 95-331, eff. 8-21-07; 95-404,
4eff. 1-1-08; 95-876, eff. 8-21-08; 96-501, eff. 8-14-09;
596-517, eff. 8-14-09; 96-1000, eff. 7-2-10; 96-1202, eff.
67-22-10.)
 
7    (35 ILCS 200/18-213)
8    Sec. 18-213. Referenda on applicability of the Property Tax
9Extension Limitation Law.
10    (a) The provisions of this Section do not apply to a taxing
11district subject to this Law because a majority of its 1990
12equalized assessed value is in a county or counties contiguous
13to a county of 3,000,000 or more inhabitants, or because a
14majority of its 1994 equalized assessed value is in an affected
15county and the taxing district was not subject to this Law
16before the 1995 levy year.
17    (b) The county board of a county that is not subject to
18this Law may, by ordinance or resolution, submit to the voters
19of the county the question of whether to make all non-home rule
20taxing districts that have all or a portion of their equalized
21assessed valuation situated in the county subject to this Law
22in the manner set forth in this Section.
23    For purposes of this Section only:
24    "Taxing district" has the same meaning provided in Section
251-150.

 

 

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1    "Equalized assessed valuation" means the equalized
2assessed valuation for a taxing district for the immediately
3preceding levy year.
4    (c) The ordinance or resolution shall request the
5submission of the proposition at any election, except a
6consolidated primary election, for the purpose of voting for or
7against making the Property Tax Extension Limitation Law
8applicable to all non-home rule taxing districts that have all
9or a portion of their equalized assessed valuation situated in
10the county.
11    The question shall be placed on a separate ballot and shall
12be in substantially the following form:
13        Shall the Property Tax Extension Limitation Law (35
14    ILCS 200/18-185 through 18-245), which limits annual
15    property tax extension increases, apply to non-home rule
16    taxing districts with all or a portion of their equalized
17    assessed valuation located in (name of county)?
18Votes on the question shall be recorded as "yes" or "no".
19    (d) The county clerk shall order the proposition submitted
20to the electors of the county at the election specified in the
21ordinance or resolution. If part of the county is under the
22jurisdiction of a board or boards of election commissioners,
23the county clerk shall submit a certified copy of the ordinance
24or resolution to each board of election commissioners, which
25shall order the proposition submitted to the electors of the
26taxing district within its jurisdiction at the election

 

 

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1specified in the ordinance or resolution.
2    (e) (1) With respect to taxing districts having all of
3    their equalized assessed valuation located in the county,
4    if a majority of the votes cast on the proposition are in
5    favor of the proposition, then this Law becomes applicable
6    to the taxing district beginning on January 1 of the year
7    following the date of the referendum.
8        (2) With respect to taxing districts that meet all the
9    following conditions this Law shall become applicable to
10    the taxing district beginning on January 1, 1997. The
11    districts to which this paragraph (2) is applicable
12            (A) do not have all of their equalized assessed
13        valuation located in a single county,
14            (B) have equalized assessed valuation in an
15        affected county,
16            (C) meet the condition that each county, other than
17        an affected county, in which any of the equalized
18        assessed valuation of the taxing district is located
19        has held a referendum under this Section at any
20        election, except a consolidated primary election, held
21        prior to the effective date of this amendatory Act of
22        1997, and
23            (D) have a majority of the district's equalized
24        assessed valuation located in one or more counties in
25        each of which the voters have approved a referendum
26        under this Section prior to the effective date of this

 

 

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1        amendatory Act of 1997. For purposes of this Section,
2        in determining whether a majority of the equalized
3        assessed valuation of the taxing district is located in
4        one or more counties in which the voters have approved
5        a referendum under this Section, the equalized
6        assessed valuation of the taxing district in any
7        affected county shall be included with the equalized
8        assessed value of the taxing district in counties in
9        which the voters have approved the referendum.
10        (3) With respect to taxing districts that do not have
11    all of their equalized assessed valuation located in a
12    single county and to which paragraph (2) of subsection (e)
13    is not applicable, if each county other than an affected
14    county in which any of the equalized assessed valuation of
15    the taxing district is located has held a referendum under
16    this Section at any election, except a consolidated primary
17    election, held in any year and if a majority of the
18    equalized assessed valuation of the taxing district is
19    located in one or more counties that have each approved a
20    referendum under this Section, then this Law shall become
21    applicable to the taxing district on January 1 of the year
22    following the year in which the last referendum in a county
23    in which the taxing district has any equalized assessed
24    valuation is held. For the purposes of this Law, the last
25    referendum shall be deemed to be the referendum making this
26    Law applicable to the taxing district. For purposes of this

 

 

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1    Section, in determining whether a majority of the equalized
2    assessed valuation of the taxing district is located in one
3    or more counties that have approved a referendum under this
4    Section, the equalized assessed valuation of the taxing
5    district in any affected county shall be included with the
6    equalized assessed value of the taxing district in counties
7    that have approved the referendum.
8    (f) Immediately after a referendum is held under this
9Section, the county clerk of the county holding the referendum
10shall give notice of the referendum having been held and its
11results to all taxing districts that have all or a portion of
12their equalized assessed valuation located in the county, the
13county clerk of any other county in which any of the equalized
14assessed valuation of any taxing district is located, and the
15Department of Revenue. After the last referendum affecting a
16multi-county taxing district is held, the Department of Revenue
17shall determine whether the taxing district is subject to this
18Law and, if so, shall notify the taxing district and the county
19clerks of all of the counties in which a portion of the
20equalized assessed valuation of the taxing district is located
21that, beginning the following January 1, the taxing district is
22subject to this Law. For each taxing district subject to
23paragraph (2) of subsection (e) of this Section, the Department
24of Revenue shall notify the taxing district and the county
25clerks of all of the counties in which a portion of the
26equalized assessed valuation of the taxing district is located

 

 

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1that, beginning January 1, 1997, the taxing district is subject
2to this Law.
3    (g) Referenda held under this Section shall be conducted in
4accordance with the Election Code.
5    (h) If the boundaries of a taxing district are changed so
6that (i) territory of the taxing district is located in a
7county in which the taxing district was not located prior to
8the boundary change or (ii) the taxing district is no longer
9located in a county in which the taxing district was located
10prior to the boundary change, and if the boundary change
11results in the dissolution of one or more other taxing
12districts, then a determination of whether or not this Law
13applies to the taxing district shall be made as of the
14effective date of the boundary change. This Law shall apply to
15the taxing district beginning on January 1 of the year
16following the effective date of the boundary change or shall
17continue to be applicable to the taxing district if (i) the
18majority of the taxing district's equalized assessed valuation
19as of the effective date of the boundary change is located in
20an affected county or counties or (ii) the majority of the
21taxing district's equalized assessed valuation as of the
22effective date of the boundary change is located in one or more
23counties in which the voters have approved a referendum under
24this Section, and none of the equalized valuation of the taxing
25district is located in a county (other than an affected county)
26that has never held a referendum under this Section. For

 

 

09600SB3544ham001- 24 -LRB096 20716 NHT 43003 a

1purposes of this Section, in determining whether a majority of
2the equalized assessed valuation of the taxing district is
3located in one or more counties in which the voters have
4approved a referendum under this Section, the equalized
5assessed valuation of the taxing district in any affected
6county shall be included with the equalized assessed value of
7the taxing district in counties in which the voters have
8approved the referendum. If it is determined that this Law no
9longer applies to a taxing district that was subject to this
10Law prior to a boundary change, this Law shall cease to apply
11to that taxing district as of the effective date of the
12boundary change. If the application of this subsection results
13in this Law becoming applicable to the taxing district, the
14initial debt service extension base of the taxing district and
15the extensions excluded from the aggregate extension of the
16taxing district as set forth in Section 18-185 of this Law
17shall be determined by reference to the effective date of the
18boundary change rather than to the date of a referendum making
19this Law applicable to the taxing district.
20    (i) Whenever a taxing district that is subject to this Law
21merges or consolidates with a taxing district that is not
22subject to this Law, a determination of whether or not this Law
23applies to the new resulting merged or consolidated taxing
24district shall be made as of the effective date of the merger
25or consolidation. This Law shall apply to the new taxing
26district beginning on the effective date of the merger or

 

 

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1consolidation if (i) the majority of the new taxing district's
2equalized assessed valuation as of the effective date of the
3merger or consolidation is located in an affected county or
4counties or (ii) the majority of the new taxing district's
5equalized assessed valuation as of the effective date of the
6merger or consolidation is located in one or more counties in
7which the voters have approved a referendum under this Section,
8and none of the equalized valuation of the taxing district is
9located in a county (other than an affected county) that has
10never held a referendum under this Section. For purposes of
11this Section, in determining whether a majority of the
12equalized assessed valuation of the new taxing district is
13located in one or more counties in which the voters have
14approved a referendum under this Section, the equalized
15assessed valuation of the taxing district in any affected
16county shall be included with the equalized assessed value of
17the taxing district in counties in which the voters have
18approved the referendum. If the application of this subsection
19results in this Law becoming applicable to the new taxing
20district, the initial debt service extension base of the taxing
21district and the extensions excluded from the aggregate
22extension of the taxing district as set forth in Section 18-185
23of this Law shall be determined by reference to the effective
24date of the merger or consolidation rather than to the date of
25a referendum making this Law applicable to the taxing district.
26(Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.".