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1 | | AN ACT concerning revenue.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Property Tax Code is amended by changing |
5 | | Sections 18-185, 18-205, 18-213, and 18-214 and by adding |
6 | | Section 18-242 as follows: |
7 | | (35 ILCS 200/18-185)
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8 | | Sec. 18-185. Short title; definitions. This Division 5 may |
9 | | be cited as the
Property Tax Extension Limitation Law. As used |
10 | | in this Division 5:
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11 | | "Consumer Price Index" means the Consumer Price Index for |
12 | | All Urban
Consumers for all items published by the United |
13 | | States Department of Labor.
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14 | | "Extension limitation" , for levy years prior to 2015, means |
15 | | (a) the lesser of 5% or the percentage increase
in the Consumer |
16 | | Price Index during the 12-month calendar year preceding the
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17 | | levy year or (b) the rate of increase approved by voters under |
18 | | Section 18-205.
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19 | | "Extension limitation", beginning in levy year 2015, means |
20 | | 0% or the rate of increase approved by the voters under Section |
21 | | 18-205. |
22 | | "Affected county" means a county of 3,000,000 or more |
23 | | inhabitants or a
county contiguous to a county of 3,000,000 or |
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1 | | more inhabitants.
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2 | | "Taxing district" has the same meaning provided in Section |
3 | | 1-150, except as
otherwise provided in this Section. For the |
4 | | 1991 through 1994 levy years only,
"taxing district" includes |
5 | | only each non-home rule taxing district having the
majority of |
6 | | its
1990 equalized assessed value within any county or counties |
7 | | contiguous to a
county with 3,000,000 or more inhabitants. |
8 | | Beginning with the 1995 levy
year and through the 2014 levy |
9 | | year , "taxing district" includes only each non-home rule taxing |
10 | | district
subject to this Law before the 1995 levy year and each |
11 | | non-home rule
taxing district not subject to this Law before |
12 | | the 1995 levy year having the
majority of its 1994 equalized |
13 | | assessed value in an affected county or
counties. Beginning |
14 | | with the levy year in
which this Law becomes applicable to a |
15 | | taxing district as
provided in Section 18-213, "taxing |
16 | | district" also includes those taxing
districts made subject to |
17 | | this Law as provided in Section 18-213.
Beginning with the 2015 |
18 | | levy year, "taxing district" means each unit of local |
19 | | government, school district, or community college district in |
20 | | the State with the power to levy taxes, including, but not |
21 | | limited to, home rule units and taxing districts that were not |
22 | | subject to this Law prior to the effective date of this |
23 | | amendatory Act of the 99th General Assembly.
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24 | | "Aggregate extension" for taxing districts to which this |
25 | | Law applied before
the 1995 levy year means the annual |
26 | | corporate extension for the taxing
district and those special |
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1 | | purpose extensions that are made annually for
the taxing |
2 | | district, excluding special purpose extensions: (a) made for |
3 | | the
taxing district to pay interest or principal on general |
4 | | obligation bonds
that were approved by referendum; (b) made for |
5 | | any taxing district to pay
interest or principal on general |
6 | | obligation bonds issued before October 1,
1991; (c) made for |
7 | | any taxing district to pay interest or principal on bonds
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8 | | issued to refund or continue to refund those bonds issued |
9 | | before October 1,
1991; (d)
made for any taxing district to pay |
10 | | interest or principal on bonds
issued to refund or continue to |
11 | | refund bonds issued after October 1, 1991 that
were approved by |
12 | | referendum; (e)
made for any taxing district to pay interest
or |
13 | | principal on revenue bonds issued before October 1, 1991 for |
14 | | payment of
which a property tax levy or the full faith and |
15 | | credit of the unit of local
government is pledged; however, a |
16 | | tax for the payment of interest or principal
on those bonds |
17 | | shall be made only after the governing body of the unit of |
18 | | local
government finds that all other sources for payment are |
19 | | insufficient to make
those payments; (f) made for payments |
20 | | under a building commission lease when
the lease payments are |
21 | | for the retirement of bonds issued by the commission
before |
22 | | October 1, 1991, to pay for the building project; (g) made for |
23 | | payments
due under installment contracts entered into before |
24 | | October 1, 1991;
(h) made for payments of principal and |
25 | | interest on bonds issued under the
Metropolitan Water |
26 | | Reclamation District Act to finance construction projects
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1 | | initiated before October 1, 1991; (i) made for payments of |
2 | | principal and
interest on limited bonds, as defined in Section |
3 | | 3 of the Local Government Debt
Reform Act, in an amount not to |
4 | | exceed the debt service extension base less
the amount in items |
5 | | (b), (c), (e), and (h) of this definition for
non-referendum |
6 | | obligations, except obligations initially issued pursuant to
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7 | | referendum; (j) made for payments of principal and interest on |
8 | | bonds
issued under Section 15 of the Local Government Debt |
9 | | Reform Act; (k)
made
by a school district that participates in |
10 | | the Special Education District of
Lake County, created by |
11 | | special education joint agreement under Section
10-22.31 of the |
12 | | School Code, for payment of the school district's share of the
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13 | | amounts required to be contributed by the Special Education |
14 | | District of Lake
County to the Illinois Municipal Retirement |
15 | | Fund under Article 7 of the
Illinois Pension Code; the amount |
16 | | of any extension under this item (k) shall be
certified by the |
17 | | school district to the county clerk; (l) made to fund
expenses |
18 | | of providing joint recreational programs for the handicapped |
19 | | under
Section 5-8 of
the
Park District Code or Section 11-95-14 |
20 | | of the Illinois Municipal Code; (m) made for temporary |
21 | | relocation loan repayment purposes pursuant to Sections 2-3.77 |
22 | | and 17-2.2d of the School Code; (n) made for payment of |
23 | | principal and interest on any bonds issued under the authority |
24 | | of Section 17-2.2d of the School Code; (o) made for |
25 | | contributions to a firefighter's pension fund created under |
26 | | Article 4 of the Illinois Pension Code, to the extent of the |
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1 | | amount certified under item (5) of Section 4-134 of the |
2 | | Illinois Pension Code; and (p) made for road purposes in the |
3 | | first year after a township assumes the rights, powers, duties, |
4 | | assets, property, liabilities, obligations, and
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5 | | responsibilities of a road district abolished under the |
6 | | provisions of Section 6-133 of the Illinois Highway Code.
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7 | | "Aggregate extension" for the taxing districts to which |
8 | | this Law did not
apply before the 1995 levy year (except taxing |
9 | | districts subject to this Law
in
accordance with Section 18-213 |
10 | | or this amendatory Act of the 99th General Assembly ) means the |
11 | | annual corporate extension for the
taxing district and those |
12 | | special purpose extensions that are made annually for
the |
13 | | taxing district, excluding special purpose extensions: (a) |
14 | | made for the
taxing district to pay interest or principal on |
15 | | general obligation bonds that
were approved by referendum; (b) |
16 | | made for any taxing district to pay interest
or principal on |
17 | | general obligation bonds issued before March 1, 1995; (c) made
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18 | | for any taxing district to pay interest or principal on bonds |
19 | | issued to refund
or continue to refund those bonds issued |
20 | | before March 1, 1995; (d) made for any
taxing district to pay |
21 | | interest or principal on bonds issued to refund or
continue to |
22 | | refund bonds issued after March 1, 1995 that were approved by
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23 | | referendum; (e) made for any taxing district to pay interest or |
24 | | principal on
revenue bonds issued before March 1, 1995 for |
25 | | payment of which a property tax
levy or the full faith and |
26 | | credit of the unit of local government is pledged;
however, a |
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1 | | tax for the payment of interest or principal on those bonds |
2 | | shall be
made only after the governing body of the unit of |
3 | | local government finds that
all other sources for payment are |
4 | | insufficient to make those payments; (f) made
for payments |
5 | | under a building commission lease when the lease payments are |
6 | | for
the retirement of bonds issued by the commission before |
7 | | March 1, 1995 to
pay for the building project; (g) made for |
8 | | payments due under installment
contracts entered into before |
9 | | March 1, 1995; (h) made for payments of
principal and interest |
10 | | on bonds issued under the Metropolitan Water Reclamation
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11 | | District Act to finance construction projects initiated before |
12 | | October 1,
1991; (h-4) made for stormwater management purposes |
13 | | by the Metropolitan Water Reclamation District of Greater |
14 | | Chicago under Section 12 of the Metropolitan Water Reclamation |
15 | | District Act; (i) made for payments of principal and interest |
16 | | on limited bonds,
as defined in Section 3 of the Local |
17 | | Government Debt Reform Act, in an amount
not to exceed the debt |
18 | | service extension base less the amount in items (b),
(c), and |
19 | | (e) of this definition for non-referendum obligations, except
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20 | | obligations initially issued pursuant to referendum and bonds |
21 | | described in
subsection (h) of this definition; (j) made for |
22 | | payments of
principal and interest on bonds issued under |
23 | | Section 15 of the Local Government
Debt Reform Act; (k) made |
24 | | for payments of principal and interest on bonds
authorized by |
25 | | Public Act 88-503 and issued under Section 20a of the Chicago
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26 | | Park District Act for aquarium or
museum projects; (l) made for |
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1 | | payments of principal and interest on
bonds
authorized by |
2 | | Public Act 87-1191 or 93-601 and (i) issued pursuant to Section |
3 | | 21.2 of the Cook County Forest
Preserve District Act, (ii) |
4 | | issued under Section 42 of the Cook County
Forest Preserve |
5 | | District Act for zoological park projects, or (iii) issued
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6 | | under Section 44.1 of the Cook County Forest Preserve District |
7 | | Act for
botanical gardens projects; (m) made
pursuant
to |
8 | | Section 34-53.5 of the School Code, whether levied annually or |
9 | | not;
(n) made to fund expenses of providing joint recreational |
10 | | programs for the
handicapped under Section 5-8 of the Park
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11 | | District Code or Section 11-95-14 of the Illinois Municipal |
12 | | Code;
(o) made by the
Chicago Park
District for recreational |
13 | | programs for the handicapped under subsection (c) of
Section
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14 | | 7.06 of the Chicago Park District Act; (p) made for |
15 | | contributions to a firefighter's pension fund created under |
16 | | Article 4 of the Illinois Pension Code, to the extent of the |
17 | | amount certified under item (5) of Section 4-134 of the |
18 | | Illinois Pension Code; and (q) made by Ford Heights School |
19 | | District 169 under Section 17-9.02 of the School Code.
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20 | | "Aggregate extension" for all taxing districts to which |
21 | | this Law applies in
accordance with Section 18-213, except for |
22 | | those taxing districts subject to
paragraph (2) of subsection |
23 | | (e) of Section 18-213, means the annual corporate
extension for |
24 | | the
taxing district and those special purpose extensions that |
25 | | are made annually for
the taxing district, excluding special |
26 | | purpose extensions: (a) made for the
taxing district to pay |
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1 | | interest or principal on general obligation bonds that
were |
2 | | approved by referendum; (b) made for any taxing district to pay |
3 | | interest
or principal on general obligation bonds issued before |
4 | | the date on which the
referendum making this
Law applicable to |
5 | | the taxing district is held; (c) made
for any taxing district |
6 | | to pay interest or principal on bonds issued to refund
or |
7 | | continue to refund those bonds issued before the date on which |
8 | | the
referendum making this Law
applicable to the taxing |
9 | | district is held;
(d) made for any
taxing district to pay |
10 | | interest or principal on bonds issued to refund or
continue to |
11 | | refund bonds issued after the date on which the referendum |
12 | | making
this Law
applicable to the taxing district is held if |
13 | | the bonds were approved by
referendum after the date on which |
14 | | the referendum making this Law
applicable to the taxing |
15 | | district is held; (e) made for any
taxing district to pay |
16 | | interest or principal on
revenue bonds issued before the date |
17 | | on which the referendum making this Law
applicable to the
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18 | | taxing district is held for payment of which a property tax
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19 | | levy or the full faith and credit of the unit of local |
20 | | government is pledged;
however, a tax for the payment of |
21 | | interest or principal on those bonds shall be
made only after |
22 | | the governing body of the unit of local government finds that
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23 | | all other sources for payment are insufficient to make those |
24 | | payments; (f) made
for payments under a building commission |
25 | | lease when the lease payments are for
the retirement of bonds |
26 | | issued by the commission before the date on which the
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1 | | referendum making this
Law applicable to the taxing district is |
2 | | held to
pay for the building project; (g) made for payments due |
3 | | under installment
contracts entered into before the date on |
4 | | which the referendum making this Law
applicable to
the taxing |
5 | | district is held;
(h) made for payments
of principal and |
6 | | interest on limited bonds,
as defined in Section 3 of the Local |
7 | | Government Debt Reform Act, in an amount
not to exceed the debt |
8 | | service extension base less the amount in items (b),
(c), and |
9 | | (e) of this definition for non-referendum obligations, except
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10 | | obligations initially issued pursuant to referendum; (i) made |
11 | | for payments
of
principal and interest on bonds issued under |
12 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made |
13 | | for a qualified airport authority to pay interest or principal |
14 | | on
general obligation bonds issued for the purpose of paying |
15 | | obligations due
under, or financing airport facilities |
16 | | required to be acquired, constructed,
installed or equipped |
17 | | pursuant to, contracts entered into before March
1, 1996 (but |
18 | | not including any amendments to such a contract taking effect |
19 | | on
or after that date); (k) made to fund expenses of providing |
20 | | joint
recreational programs for the handicapped under Section |
21 | | 5-8 of
the
Park District Code or Section 11-95-14 of the |
22 | | Illinois Municipal Code; (l) made for contributions to a |
23 | | firefighter's pension fund created under Article 4 of the |
24 | | Illinois Pension Code, to the extent of the amount certified |
25 | | under item (5) of Section 4-134 of the Illinois Pension Code; |
26 | | and (m) made for the taxing district to pay interest or |
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1 | | principal on general obligation bonds issued pursuant to |
2 | | Section 19-3.10 of the School Code.
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3 | | "Aggregate extension" for all taxing districts to which |
4 | | this Law applies in
accordance with paragraph (2) of subsection |
5 | | (e) of Section 18-213 or this amendatory Act of the 99th |
6 | | General Assembly means the
annual corporate extension for the
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7 | | taxing district and those special purpose extensions that are |
8 | | made annually for
the taxing district, excluding special |
9 | | purpose extensions: (a) made for the
taxing district to pay |
10 | | interest or principal on general obligation bonds that
were |
11 | | approved by referendum; (b) made for any taxing district to pay |
12 | | interest
or principal on general obligation bonds issued before |
13 | | the effective date of
this amendatory Act of 1997;
(c) made
for |
14 | | any taxing district to pay interest or principal on bonds |
15 | | issued to refund
or continue to refund those bonds issued |
16 | | before the effective date
of this amendatory Act of 1997;
(d) |
17 | | made for any
taxing district to pay interest or principal on |
18 | | bonds issued to refund or
continue to refund bonds issued after |
19 | | the effective date of this amendatory Act
of 1997 if the bonds |
20 | | were approved by referendum after the effective date of
this |
21 | | amendatory Act of 1997;
(e) made for any
taxing district to pay |
22 | | interest or principal on
revenue bonds issued before the |
23 | | effective date of this amendatory Act of 1997
for payment of |
24 | | which a property tax
levy or the full faith and credit of the |
25 | | unit of local government is pledged;
however, a tax for the |
26 | | payment of interest or principal on those bonds shall be
made |
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1 | | only after the governing body of the unit of local government |
2 | | finds that
all other sources for payment are insufficient to |
3 | | make those payments; (f) made
for payments under a building |
4 | | commission lease when the lease payments are for
the retirement |
5 | | of bonds issued by the commission before the effective date
of |
6 | | this amendatory Act of 1997
to
pay for the building project; |
7 | | (g) made for payments due under installment
contracts entered |
8 | | into before the effective date of this amendatory Act of
1997;
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9 | | (h) made for payments
of principal and interest on limited |
10 | | bonds,
as defined in Section 3 of the Local Government Debt |
11 | | Reform Act, in an amount
not to exceed the debt service |
12 | | extension base less the amount in items (b),
(c), and (e) of |
13 | | this definition for non-referendum obligations, except
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14 | | obligations initially issued pursuant to referendum; (i) made |
15 | | for payments
of
principal and interest on bonds issued under |
16 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made |
17 | | for a qualified airport authority to pay interest or principal |
18 | | on
general obligation bonds issued for the purpose of paying |
19 | | obligations due
under, or financing airport facilities |
20 | | required to be acquired, constructed,
installed or equipped |
21 | | pursuant to, contracts entered into before March
1, 1996 (but |
22 | | not including any amendments to such a contract taking effect |
23 | | on
or after that date); (k) made to fund expenses of providing |
24 | | joint
recreational programs for the handicapped under Section |
25 | | 5-8 of
the
Park District Code or Section 11-95-14 of the |
26 | | Illinois Municipal Code; and (l) made for contributions to a |
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1 | | firefighter's pension fund created under Article 4 of the |
2 | | Illinois Pension Code, to the extent of the amount certified |
3 | | under item (5) of Section 4-134 of the Illinois Pension Code.
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4 | | "Debt service extension base" means an amount equal to that |
5 | | portion of the
extension for a taxing district for the 1994 |
6 | | levy year, or for those taxing
districts subject to this Law in |
7 | | accordance with Section 18-213, except for
those subject to |
8 | | paragraph (2) of subsection (e) of Section 18-213, for the
levy
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9 | | year in which the referendum making this Law applicable to the |
10 | | taxing district
is held, or for those taxing districts subject |
11 | | to this Law in accordance with
paragraph (2) of subsection (e) |
12 | | of Section 18-213 for the 1996 levy year,
or for taxing |
13 | | districts that become subject to this Law as a result of this |
14 | | amendatory Act of the 99th General Assembly, for the levy year |
15 | | in which the taxing district first becomes subject to this Law, |
16 | | constituting an
extension for payment of principal and interest |
17 | | on bonds issued by the taxing
district without referendum, but |
18 | | not including excluded non-referendum bonds. For park |
19 | | districts (i) that were first
subject to this Law in 1991 or |
20 | | 1995 and (ii) whose extension for the 1994 levy
year for the |
21 | | payment of principal and interest on bonds issued by the park
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22 | | district without referendum (but not including excluded |
23 | | non-referendum bonds)
was less than 51% of the amount for the |
24 | | 1991 levy year constituting an
extension for payment of |
25 | | principal and interest on bonds issued by the park
district |
26 | | without referendum (but not including excluded non-referendum |
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1 | | bonds),
"debt service extension base" means an amount equal to |
2 | | that portion of the
extension for the 1991 levy year |
3 | | constituting an extension for payment of
principal and interest |
4 | | on bonds issued by the park district without referendum
(but |
5 | | not including excluded non-referendum bonds). A debt service |
6 | | extension base established or increased at any time pursuant to |
7 | | any provision of this Law, except Section 18-212, shall be |
8 | | increased each year commencing with the later of (i) the 2009 |
9 | | levy year or (ii) the first levy year in which this Law becomes |
10 | | applicable to the taxing district, by (A) for levy years prior |
11 | | to the 2015 levy year, the lesser of 5% or the percentage |
12 | | increase in the Consumer Price Index during the 12-month |
13 | | calendar year preceding the levy year or (B) beginning with the |
14 | | 2015 levy year, 0% . The debt service extension
base may be |
15 | | established or increased as provided under Section 18-212.
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16 | | "Excluded non-referendum bonds" means (i) bonds authorized by |
17 | | Public
Act 88-503 and issued under Section 20a of the Chicago |
18 | | Park District Act for
aquarium and museum projects; (ii) bonds |
19 | | issued under Section 15 of the
Local Government Debt Reform |
20 | | Act; or (iii) refunding obligations issued
to refund or to |
21 | | continue to refund obligations initially issued pursuant to
|
22 | | referendum.
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23 | | "Special purpose extensions" include, but are not limited |
24 | | to, extensions
for levies made on an annual basis for |
25 | | unemployment and workers'
compensation, self-insurance, |
26 | | contributions to pension plans, and extensions
made pursuant to |
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1 | | Section 6-601 of the Illinois Highway Code for a road
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2 | | district's permanent road fund whether levied annually or not. |
3 | | The
extension for a special service area is not included in the
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4 | | aggregate extension.
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5 | | "Aggregate extension base" means the taxing district's |
6 | | last preceding
aggregate extension as adjusted under Sections |
7 | | 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 |
8 | | shall be made for the 2007 levy year and all subsequent levy |
9 | | years whenever one or more counties within which a taxing |
10 | | district is located (i) used estimated valuations or rates when |
11 | | extending taxes in the taxing district for the last preceding |
12 | | levy year that resulted in the over or under extension of |
13 | | taxes, or (ii) increased or decreased the tax extension for the |
14 | | last preceding levy year as required by Section 18-135(c). |
15 | | Whenever an adjustment is required under Section 18-135, the |
16 | | aggregate extension base of the taxing district shall be equal |
17 | | to the amount that the aggregate extension of the taxing |
18 | | district would have been for the last preceding levy year if |
19 | | either or both (i) actual, rather than estimated, valuations or |
20 | | rates had been used to calculate the extension of taxes for the |
21 | | last levy year, or (ii) the tax extension for the last |
22 | | preceding levy year had not been adjusted as required by |
23 | | subsection (c) of Section 18-135.
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24 | | Notwithstanding any other provision of law, for levy year |
25 | | 2012, the aggregate extension base for West Northfield School |
26 | | District No. 31 in Cook County shall be $12,654,592. |
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1 | | "Levy year" has the same meaning as "year" under Section
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2 | | 1-155.
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3 | | "New property" means (i) the assessed value, after final |
4 | | board of review or
board of appeals action, of new improvements |
5 | | or additions to existing
improvements on any parcel of real |
6 | | property that increase the assessed value of
that real property |
7 | | during the levy year multiplied by the equalization factor
|
8 | | issued by the Department under Section 17-30, (ii) the assessed |
9 | | value, after
final board of review or board of appeals action, |
10 | | of real property not exempt
from real estate taxation, which |
11 | | real property was exempt from real estate
taxation for any |
12 | | portion of the immediately preceding levy year, multiplied by
|
13 | | the equalization factor issued by the Department under Section |
14 | | 17-30, including the assessed value, upon final stabilization |
15 | | of occupancy after new construction is complete, of any real |
16 | | property located within the boundaries of an otherwise or |
17 | | previously exempt military reservation that is intended for |
18 | | residential use and owned by or leased to a private corporation |
19 | | or other entity,
(iii) in counties that classify in accordance |
20 | | with Section 4 of Article
IX of the
Illinois Constitution, an |
21 | | incentive property's additional assessed value
resulting from |
22 | | a
scheduled increase in the level of assessment as applied to |
23 | | the first year
final board of
review market value, and (iv) any |
24 | | increase in assessed value due to oil or gas production from an |
25 | | oil or gas well required to be permitted under the Hydraulic |
26 | | Fracturing Regulatory Act that was not produced in or accounted |
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1 | | for during the previous levy year.
In addition, the county |
2 | | clerk in a county containing a population of
3,000,000 or more |
3 | | shall include in the 1997
recovered tax increment value for any |
4 | | school district, any recovered tax
increment value that was |
5 | | applicable to the 1995 tax year calculations.
|
6 | | "Qualified airport authority" means an airport authority |
7 | | organized under
the Airport Authorities Act and located in a |
8 | | county bordering on the State of
Wisconsin and having a |
9 | | population in excess of 200,000 and not greater than
500,000.
|
10 | | "Recovered tax increment value" means, except as otherwise |
11 | | provided in this
paragraph, the amount of the current year's |
12 | | equalized assessed value, in the
first year after a |
13 | | municipality terminates
the designation of an area as a |
14 | | redevelopment project area previously
established under the |
15 | | Tax Increment Allocation Development Act in the Illinois
|
16 | | Municipal Code, previously established under the Industrial |
17 | | Jobs Recovery Law
in the Illinois Municipal Code, previously |
18 | | established under the Economic Development Project Area Tax |
19 | | Increment Act of 1995, or previously established under the |
20 | | Economic
Development Area Tax Increment Allocation Act, of each |
21 | | taxable lot, block,
tract, or parcel of real property in the |
22 | | redevelopment project area over and
above the initial equalized |
23 | | assessed value of each property in the
redevelopment project |
24 | | area.
For the taxes which are extended for the 1997 levy year, |
25 | | the recovered tax
increment value for a non-home rule taxing |
26 | | district that first became subject
to this Law for the 1995 |
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1 | | levy year because a majority of its 1994 equalized
assessed |
2 | | value was in an affected county or counties shall be increased |
3 | | if a
municipality terminated the designation of an area in 1993 |
4 | | as a redevelopment
project area previously established under |
5 | | the Tax Increment Allocation
Development Act in the Illinois |
6 | | Municipal Code, previously established under
the Industrial |
7 | | Jobs Recovery Law in the Illinois Municipal Code, or previously
|
8 | | established under the Economic Development Area Tax Increment |
9 | | Allocation Act,
by an amount equal to the 1994 equalized |
10 | | assessed value of each taxable lot,
block, tract, or parcel of |
11 | | real property in the redevelopment project area over
and above |
12 | | the initial equalized assessed value of each property in the
|
13 | | redevelopment project area.
In the first year after a |
14 | | municipality
removes a taxable lot, block, tract, or parcel of |
15 | | real property from a
redevelopment project area established |
16 | | under the Tax Increment Allocation
Development Act in the |
17 | | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in |
18 | | the Illinois Municipal Code, or the Economic
Development Area |
19 | | Tax Increment Allocation Act, "recovered tax increment value"
|
20 | | means the amount of the current year's equalized assessed value |
21 | | of each taxable
lot, block, tract, or parcel of real property |
22 | | removed from the redevelopment
project area over and above the |
23 | | initial equalized assessed value of that real
property before |
24 | | removal from the redevelopment project area.
|
25 | | Except as otherwise provided in this Section, "limiting |
26 | | rate" means a
fraction the numerator of which is the last
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1 | | preceding aggregate extension base times an amount equal to one |
2 | | plus the
extension limitation defined in this Section and the |
3 | | denominator of which
is the current year's equalized assessed |
4 | | value of all real property in the
territory under the |
5 | | jurisdiction of the taxing district during the prior
levy year. |
6 | | For those taxing districts that reduced their aggregate
|
7 | | extension for the last preceding levy year, the highest |
8 | | aggregate extension
in any of the last 3 preceding levy years |
9 | | shall be used for the purpose of
computing the limiting rate. |
10 | | The denominator shall not include new
property or the recovered |
11 | | tax increment
value.
If a new rate, a rate decrease, or a |
12 | | limiting rate increase has been approved at an election held |
13 | | after March 21, 2006, then (i) the otherwise applicable |
14 | | limiting rate shall be increased by the amount of the new rate |
15 | | or shall be reduced by the amount of the rate decrease, as the |
16 | | case may be, or (ii) in the case of a limiting rate increase, |
17 | | the limiting rate shall be equal to the rate set forth
in the |
18 | | proposition approved by the voters for each of the years |
19 | | specified in the proposition, after
which the limiting rate of |
20 | | the taxing district shall be calculated as otherwise provided. |
21 | | In the case of a taxing district that obtained referendum |
22 | | approval for an increased limiting rate on March 20, 2012, the |
23 | | limiting rate for tax year 2012 shall be the rate that |
24 | | generates the approximate total amount of taxes extendable for |
25 | | that tax year, as set forth in the proposition approved by the |
26 | | voters; this rate shall be the final rate applied by the county |
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1 | | clerk for the aggregate of all capped funds of the district for |
2 | | tax year 2012.
|
3 | | (Source: P.A. 97-611, eff. 1-1-12; 97-1154, eff. 1-25-13; 98-6, |
4 | | eff. 3-29-13; 98-23, eff. 6-17-13.)
|
5 | | (35 ILCS 200/18-205)
|
6 | | Sec. 18-205. Referendum to increase the extension |
7 | | limitation. A taxing
district is limited to an extension |
8 | | limitation as defined in Section 18-185 of 5% or the percentage |
9 | | increase
in the Consumer Price Index during the 12-month |
10 | | calendar year preceding the
levy year, whichever is less . A |
11 | | taxing district may increase its extension
limitation for one |
12 | | or more levy years if that taxing district holds a referendum
|
13 | | before the levy date for the first levy year at which a |
14 | | majority of voters voting on the issue approves
adoption of a |
15 | | higher extension limitation. Referenda shall be conducted at a
|
16 | | regularly scheduled election in accordance with the Election |
17 | | Code. For referenda to increase the extension limitation for |
18 | | levy years prior to 2015, the The question shall be presented |
19 | | in
substantially the following manner for all elections held |
20 | | after March 21, 2006 :
|
21 | | Shall the extension limitation under the Property Tax |
22 | | Extension Limitation Law for (insert the legal name, |
23 | | number, if any, and county or counties of the taxing |
24 | | district and geographic or other common name by which a |
25 | | school or community college district is known and referred |
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1 | | to), Illinois, be increased from the lesser of 5% or the |
2 | | percentage increase in the Consumer Price Index over the |
3 | | prior levy year to (insert the percentage of the proposed |
4 | | increase)% per year for (insert each levy year for which |
5 | | the increased extension limitation will apply)? |
6 | | For referenda to increase the extension limitation for levy |
7 | | year 2015 and thereafter, the question shall be presented in
|
8 | | substantially the following manner: |
9 | | Shall the extension limitation under the Property Tax |
10 | | Extension Limitation Law for (insert the legal name, |
11 | | number, if any, and county or counties of the taxing |
12 | | district and geographic or other common name by which a |
13 | | school or community college district is known and referred |
14 | | to), Illinois, be increased from 0% to (insert the |
15 | | percentage of the proposed increase)% per year for (insert |
16 | | each levy year for which the increased extension limitation |
17 | | will apply)? |
18 | | The votes must be recorded as "Yes" or "No".
|
19 | | If a majority of voters voting on the issue approves the |
20 | | adoption of
the increase, the increase shall be applicable for |
21 | | each
levy year specified.
|
22 | | The ballot for any question submitted pursuant to this |
23 | | Section shall have printed thereon, but not as a part of the |
24 | | question submitted, only the following supplemental |
25 | | information (which shall be supplied to the election authority |
26 | | by the taxing district) in substantially the following form: |
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1 | | (1) For the (insert the first levy year for which the |
2 | | increased extension
limitation will be applicable) levy |
3 | | year the approximate amount of the additional tax
|
4 | | extendable against property containing a single family |
5 | | residence and having a fair market
value at the time of the |
6 | | referendum of $100,000 is estimated to be $.... |
7 | | (2) Based upon an average annual percentage increase |
8 | | (or decrease) in the
market value of such property of ...% |
9 | | (insert percentage equal to the average
annual percentage |
10 | | increase or decrease for the prior 3 levy years, at the |
11 | | time the
submission of the question is initiated by the |
12 | | taxing district, in the amount of (A) the
equalized |
13 | | assessed value of the taxable property in the taxing |
14 | | district less (B) the new
property included in the |
15 | | equalized assessed value), the approximate amount of the
|
16 | | additional tax extendable against such property for the ... |
17 | | levy year is estimated to be
$... and for the ... levy year |
18 | | is estimated to be $.... |
19 | | Paragraph (2) shall be included only if the increased |
20 | | extension limitation will be applicable for more than one year |
21 | | and shall list each levy year for which the increased extension |
22 | | limitation will be applicable. The additional tax shown for |
23 | | each levy year shall be the approximate dollar amount of the |
24 | | increase over the amount of the most recently completed |
25 | | extension at the time the submission of the question is |
26 | | initiated by the taxing district. The approximate amount of the |
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1 | | additional tax extendable shown in paragraphs (1) and (2) shall |
2 | | be calculated by multiplying $100,000 (the fair market value of |
3 | | the property without regard to any property tax exemptions) by |
4 | | (i) the percentage level of assessment prescribed for that |
5 | | property by statute, or by ordinance of the county board in |
6 | | counties that classify property for purposes of taxation in |
7 | | accordance with Section 4 of Article IX of the Illinois |
8 | | Constitution; (ii) the most recent final equalization factor |
9 | | certified to the county clerk by the Department of Revenue at |
10 | | the time the taxing district initiates the submission of the |
11 | | proposition to the electors; (iii) the last known aggregate |
12 | | extension base of the taxing district at the time the |
13 | | submission of the question is initiated by the taxing district; |
14 | | and (iv) the difference between the percentage increase |
15 | | proposed in the question and (A) the lesser of 5% or the |
16 | | percentage increase in the Consumer Price Index for the prior |
17 | | levy year (or an estimate of the percentage increase for the |
18 | | prior levy year if the increase is unavailable at the time the |
19 | | submission of the question is initiated by the taxing district) |
20 | | or (B) 0%, as applicable ; and dividing the result by the last |
21 | | known equalized assessed value of the taxing district at the |
22 | | time the submission of the question is initiated by the taxing |
23 | | district. This amendatory Act of the 97th General Assembly is |
24 | | intended to clarify the existing requirements of this Section, |
25 | | and shall not be construed to validate any prior non-compliant |
26 | | referendum language. Any notice required to be published in |
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1 | | connection with the submission of the question shall also |
2 | | contain this supplemental information and shall not contain any |
3 | | other supplemental information. Any error, miscalculation, or |
4 | | inaccuracy in computing any amount set forth on the ballot or |
5 | | in the notice that is not deliberate shall not invalidate or |
6 | | affect the validity of any proposition approved. Notice of the |
7 | | referendum shall be published and posted as otherwise required |
8 | | by law, and the submission of the question shall be initiated |
9 | | as provided by law.
|
10 | | (Source: P.A. 97-1087, eff. 8-24-12.)
|
11 | | (35 ILCS 200/18-213)
|
12 | | Sec. 18-213.
Referenda on applicability of the Property Tax |
13 | | Extension
Limitation Law.
|
14 | | (a) The provisions of this Section do not apply to a taxing |
15 | | district
subject
to this Law because a majority of its 1990 |
16 | | equalized assessed value is in a
county or counties contiguous |
17 | | to a county of 3,000,000 or more inhabitants, or
because a |
18 | | majority of its 1994 equalized assessed value is in an affected
|
19 | | county and the taxing district was not subject to this Law |
20 | | before the 1995 levy
year.
|
21 | | (b) Prior to levy year 2015, the The county board of a |
22 | | county that is not subject to this Law
may, by ordinance or |
23 | | resolution, submit to the voters of the
county the question of |
24 | | whether to
make all non-home rule taxing districts
that
have |
25 | | all or a portion of their equalized assessed valuation
situated |
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1 | | in the county subject to this Law in the manner set forth in |
2 | | this
Section.
|
3 | | For purposes of this Section only:
|
4 | | "Taxing district" has the same meaning provided in Section |
5 | | 1-150.
|
6 | | "Equalized
assessed valuation" means the equalized |
7 | | assessed valuation for a taxing
district for the immediately |
8 | | preceding levy year.
|
9 | | (c) The ordinance or resolution shall request the |
10 | | submission of
the
proposition at any election, except a |
11 | | consolidated primary election, for the
purpose of voting for or |
12 | | against making the Property
Tax Extension Limitation Law |
13 | | applicable to all non-home rule taxing districts
that have all
|
14 | | or a
portion of their equalized assessed valuation situated in |
15 | | the county.
|
16 | | The question shall be placed on a separate
ballot and shall |
17 | | be in substantially the following form:
|
18 | | Shall the Property Tax Extension Limitation Law (35 |
19 | | ILCS 200/18-185 through
18-245), which
limits annual |
20 | | property tax extension increases, apply to non-home
rule |
21 | | taxing
districts with all or a portion of their equalized |
22 | | assessed valuation located
in
(name of county)?
|
23 | | Votes on the question shall be recorded as "yes" or "no".
|
24 | | (d) The county clerk
shall order the proposition submitted |
25 | | to the electors of the county
at the election specified in the |
26 | | ordinance or resolution.
If part of the county is under the |
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1 | | jurisdiction of
a board or boards of election commissioners, |
2 | | the county clerk
shall submit a certified copy of
the ordinance |
3 | | or resolution to each board of election commissioners,
which |
4 | | shall order the
proposition submitted to the electors of the |
5 | | taxing district within its
jurisdiction at the election |
6 | | specified in the ordinance or resolution.
|
7 | | (e) (1) With respect to taxing districts having all of |
8 | | their equalized
assessed
valuation located in the county, |
9 | | if a majority of the votes cast on the
proposition are in |
10 | | favor of the proposition, then this Law becomes applicable
|
11 | | to the taxing district beginning on January 1 of the year |
12 | | following the date of
the referendum.
|
13 | | (2) With respect to taxing districts that meet all the |
14 | | following
conditions this Law shall become applicable to |
15 | | the taxing district beginning
on January 1, 1997. The |
16 | | districts to which this paragraph (2) is applicable
|
17 | | (A) do not have all of their equalized assessed |
18 | | valuation located in a
single county,
|
19 | | (B) have equalized assessed valuation in an |
20 | | affected county,
|
21 | | (C) meet the condition that each county, other than |
22 | | an affected county,
in which any of the equalized |
23 | | assessed valuation of the taxing district is
located |
24 | | has held a referendum under this Section at any |
25 | | election, except a
consolidated primary election, held |
26 | | prior to the effective date of this
amendatory Act of |
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1 | | 1997, and
|
2 | | (D) have a majority of the district's equalized |
3 | | assessed valuation
located in one or more counties in |
4 | | each of which the voters have approved a
referendum |
5 | | under this Section prior to the effective date of this |
6 | | amendatory
Act of 1997.
For purposes of this Section, |
7 | | in determining whether a majority of the
equalized |
8 | | assessed valuation of the taxing district is located in |
9 | | one or more
counties in which the voters have approved |
10 | | a referendum under this Section, the
equalized |
11 | | assessed valuation of the taxing district in any |
12 | | affected county
shall be included with the equalized |
13 | | assessed value of the taxing district in
counties in |
14 | | which the voters have approved the referendum.
|
15 | | (3) With respect to taxing districts that do not have |
16 | | all of
their equalized
assessed valuation located in a |
17 | | single county and to which paragraph (2) of
subsection (e) |
18 | | is not applicable, if each county other than an
affected |
19 | | county in which any of
the equalized assessed valuation of |
20 | | the taxing
district is located has held a referendum under |
21 | | this Section at any election,
except a consolidated primary |
22 | | election, held in any year and if a majority of
the |
23 | | equalized
assessed valuation of the taxing district is |
24 | | located in one or more counties
that have each approved a |
25 | | referendum under this Section,
then this Law shall become |
26 | | applicable to the taxing district on
January 1 of the year |
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1 | | following the year in which the last referendum in a
county |
2 | | in which the taxing district has any equalized assessed |
3 | | valuation is
held.
For the purposes of this Law, the last |
4 | | referendum shall be deemed to be the
referendum making this |
5 | | Law applicable to the taxing district. For purposes
of this |
6 | | Section, in determining whether a majority of the equalized |
7 | | assessed
valuation of the taxing district is located in one |
8 | | or more counties that have
approved a referendum under this |
9 | | Section, the equalized assessed valuation of
the taxing |
10 | | district in any affected county shall be included with the |
11 | | equalized
assessed value of the taxing district in counties |
12 | | that have approved the
referendum.
|
13 | | (f) Immediately after a referendum is held under this |
14 | | Section, the county
clerk of the
county holding the referendum |
15 | | shall give notice of the referendum having been
held and its |
16 | | results to all taxing districts that have all
or a portion of |
17 | | their equalized assessed valuation located in the county, the
|
18 | | county clerk of any other county in which any of the equalized |
19 | | assessed
valuation of any taxing district is located, and the |
20 | | Department of Revenue.
After the last referendum affecting a |
21 | | multi-county taxing district is held, the
Department of Revenue
|
22 | | shall determine whether the taxing district is subject to this |
23 | | Law
and, if so, shall notify the taxing district and the county |
24 | | clerks of all of
the
counties in which a portion of the |
25 | | equalized assessed valuation of the
taxing district is located |
26 | | that, beginning the following January 1, the
taxing
district is |
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1 | | subject to this Law.
For each taxing district subject to |
2 | | paragraph (2) of subsection (e) of this
Section, the Department |
3 | | of Revenue shall notify the taxing district and the
county |
4 | | clerks of all of the counties in which a portion of the |
5 | | equalized
assessed valuation of the taxing district is located |
6 | | that, beginning January 1,
1997, the taxing district is subject |
7 | | to this Law.
|
8 | | (g) Referenda held under this Section shall be conducted in |
9 | | accordance with
the Election Code.
|
10 | | (Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
|
11 | | (35 ILCS 200/18-214)
|
12 | | Sec. 18-214.
Referenda on removal of the applicability of |
13 | | the Property Tax
Extension Limitation Law to non-home rule |
14 | | taxing districts.
|
15 | | (a) The provisions of this Section do not apply to a taxing |
16 | | district that is
subject to this Law because a majority of its |
17 | | 1990 equalized assessed value is
in a county or counties |
18 | | contiguous to a county of 3,000,000 or more
inhabitants, or |
19 | | because a majority of its 1994 equalized assessed value is in
|
20 | | an
affected county and the taxing district was not subject to |
21 | | this Law before the
1995 levy year.
|
22 | | (b) For purposes of this Section only:
|
23 | | "Taxing district" means any non-home rule taxing district |
24 | | that became subject
to this Law under Section 18-213 of this |
25 | | Law.
|
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1 | | "Equalized assessed valuation" means the equalized |
2 | | assessed valuation for a
taxing district for the immediately |
3 | | preceding levy year.
|
4 | | (c) The county board of a county that became subject to |
5 | | this Law by a
referendum approved by the voters of the county |
6 | | under Section 18-213 may, by
ordinance or resolution, in the |
7 | | manner set forth in this Section, submit to the
voters of the |
8 | | county the question of whether this Law applies to all non-home
|
9 | | rule taxing
districts that have all or a portion of their |
10 | | equalized assessed valuation
situated in the county in the |
11 | | manner set forth in this Section.
|
12 | | (d) The ordinance or resolution shall request the |
13 | | submission of the
proposition at any election, except a |
14 | | consolidated primary election, for the
purpose of voting for or |
15 | | against the continued application of the Property Tax
Extension |
16 | | Limitation Law to all non-home rule taxing districts that have |
17 | | all or
a portion of their equalized assessed valuation situated |
18 | | in the county.
|
19 | | The question shall be placed on a separate ballot and shall |
20 | | be in
substantially the following form:
|
21 | | Shall
the Property Tax
Extension Limitation Law (35 |
22 | | ILCS 200/18-185 through 35 ILCS 200/18-245), which
limits |
23 | | annual property tax extension increases, apply to non-home |
24 | | rule taxing
districts with all or a portion of their |
25 | | equalized assessed valuation located
in (name of county)?
|
26 | | Votes on the question shall be recorded as "yes" or "no".
|
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1 | | (e) The county clerk shall order the proposition submitted |
2 | | to the electors
of the county at the election specified in the |
3 | | ordinance or resolution. If
part of the county is under the |
4 | | jurisdiction of a board or boards of election
commissioners, |
5 | | the county clerk shall submit a certified copy of the ordinance
|
6 | | or resolution to each board of election commissioners, which |
7 | | shall order the
proposition submitted to the electors of the |
8 | | taxing district within its
jurisdiction at the election |
9 | | specified in the ordinance or resolution.
|
10 | | (f) With respect to taxing districts having all of their |
11 | | equalized assessed
valuation located in one county, if a |
12 | | majority of the votes cast on the
proposition are against the |
13 | | proposition, then this Law shall not apply to the
taxing |
14 | | district beginning on January 1 of the year following the date |
15 | | of
the referendum.
|
16 | | (g) With respect to taxing districts that do not have all |
17 | | of their
equalized assessed valuation located in a single |
18 | | county, if both of the
following conditions are met, then this |
19 | | Law shall no longer apply to the taxing
district beginning on |
20 | | January 1 of the year following the date of the
referendum.
|
21 | | (1) Each county in which the district has any equalized |
22 | | assessed valuation
must either, (i) have held a referendum |
23 | | under this Section, (ii) be an affected
county, or (iii) |
24 | | have held a referendum under Section 18-213 at which the
|
25 | | voters rejected the proposition at the most recent election |
26 | | at which the
question was on the ballot in the county.
|
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1 | | (2) The majority of the equalized assessed valuation of |
2 | | the taxing
district,
other than any equalized assessed |
3 | | valuation in an affected county, is in one or
more counties |
4 | | in which the voters rejected the proposition. For purposes |
5 | | of
this
Section, in determining whether a majority of the |
6 | | equalized assessed valuation
of the taxing district is |
7 | | located in one or more counties in which the voters
have |
8 | | rejected the proposition under this Section, the equalized |
9 | | assessed
valuation of any taxing district in a county which |
10 | | has held a referendum under
Section 18-213 at which the |
11 | | voters rejected that proposition, at the most
recent |
12 | | election at which the question was on the ballot in the |
13 | | county, will be
included with the equalized assessed value |
14 | | of the taxing district in counties
in
which the voters have |
15 | | rejected the referendum held under this Section.
|
16 | | (h) Immediately after a referendum is held under this |
17 | | Section, the county
clerk of the county holding the referendum |
18 | | shall give notice of the referendum
having been held and its |
19 | | results to all taxing districts that have all or a
portion of |
20 | | their equalized assessed valuation located in the county, the |
21 | | county
clerk of any other county in which any of the equalized |
22 | | assessed valuation of
any such taxing district is located, and |
23 | | the Department of Revenue. After the
last
referendum affecting |
24 | | a multi-county taxing district is held, the Department of
|
25 | | Revenue shall determine whether the taxing district is no |
26 | | longer subject to
this Law and, if the taxing district is no |
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| | HB0690 Engrossed | - 32 - | LRB099 04509 HLH 24537 b |
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1 | | longer subject to this Law, the
Department of Revenue shall |
2 | | notify the taxing district and the county clerks of
all of the |
3 | | counties in which a portion of the equalized assessed valuation |
4 | | of
the taxing district is located that, beginning on January 1 |
5 | | of the
year following the date of the last
referendum, the |
6 | | taxing district is no longer subject to this Law.
|
7 | | (i) Notwithstanding any other provision of law, no |
8 | | referendum may be submitted under this Section for levy year |
9 | | 2015 or thereafter. |
10 | | (Source: P.A. 89-718, eff. 3-7-97.)
|
11 | | (35 ILCS 200/18-242 new) |
12 | | Sec. 18-242. Home rule. This Division 5 is a limitation, |
13 | | under
subsection
(g) of Section 6 of Article VII of the |
14 | | Illinois Constitution, on the power of
home rule units to tax. |
15 | | Section 90. The State Mandates Act is amended by adding |
16 | | Section 8.39 as follows: |
17 | | (30 ILCS 805/8.39 new) |
18 | | Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8 |
19 | | of this Act, no reimbursement by the State is required for the |
20 | | implementation of any mandate created by this amendatory Act of |
21 | | the 99th General Assembly.
|
22 | | Section 99. Effective date. This Act takes effect upon |
23 | | becoming law. |