Illinois General Assembly - Full Text of HB1539
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Full Text of HB1539  102nd General Assembly

HB1539eng 102ND GENERAL ASSEMBLY



 


 
HB1539 EngrossedLRB102 03555 HLH 13568 b

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

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1construction projects initiated before October 1, 1991; (h-4)
2made for stormwater management purposes by the Metropolitan
3Water Reclamation District of Greater Chicago under Section 12
4of the Metropolitan Water Reclamation District Act; (i) made
5for payments of principal and interest on limited bonds, as
6defined in Section 3 of the Local Government Debt Reform Act,
7in an amount not to exceed the debt service extension base less
8the amount in items (b), (c), and (e) of this definition for
9non-referendum obligations, except obligations initially
10issued pursuant to referendum and bonds described in
11subsection (h) of this definition; (j) made for payments of
12principal and interest on bonds issued under Section 15 of the
13Local Government Debt Reform Act; (k) made for payments of
14principal and interest on bonds authorized by Public Act
1588-503 and issued under Section 20a of the Chicago Park
16District Act for aquarium or museum projects; (l) made for
17payments of principal and interest on bonds authorized by
18Public Act 87-1191 or 93-601 and (i) issued pursuant to
19Section 21.2 of the Cook County Forest Preserve District Act,
20(ii) issued under Section 42 of the Cook County Forest
21Preserve District Act for zoological park projects, or (iii)
22issued under Section 44.1 of the Cook County Forest Preserve
23District Act for botanical gardens projects; (m) made pursuant
24to Section 34-53.5 of the School Code, whether levied annually
25or not; (n) made to fund expenses of providing joint
26recreational programs for persons with disabilities under

 

 

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1Section 5-8 of the Park District Code or Section 11-95-14 of
2the Illinois Municipal Code; (o) made by the Chicago Park
3District for recreational programs for persons with
4disabilities under subsection (c) of Section 7.06 of the
5Chicago Park District Act; (p) made for contributions to a
6firefighter's pension fund created under Article 4 of the
7Illinois Pension Code, to the extent of the amount certified
8under item (5) of Section 4-134 of the Illinois Pension Code;
9(q) made by Ford Heights School District 169 under Section
1017-9.02 of the School Code; and (r) made for the purpose of
11making employer contributions to the Public School Teachers'
12Pension and Retirement Fund of Chicago under Section 34-53 of
13the School Code.
14    "Aggregate extension" for all taxing districts to which
15this Law applies in accordance with Section 18-213, except for
16those taxing districts subject to paragraph (2) of subsection
17(e) of Section 18-213, means the annual corporate extension
18for the taxing district and those special purpose extensions
19that are made annually for the taxing district, excluding
20special purpose extensions: (a) made for the taxing district
21to pay interest or principal on general obligation bonds that
22were approved by referendum; (b) made for any taxing district
23to pay interest or principal on general obligation bonds
24issued before the date on which the referendum making this Law
25applicable to the taxing district is held; (c) made for any
26taxing district to pay interest or principal on bonds issued

 

 

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

 

 

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1Local Government Debt Reform Act, in an amount not to exceed
2the debt service extension base less the amount in items (b),
3(c), and (e) of this definition for non-referendum
4obligations, except obligations initially issued pursuant to
5referendum; (i) made for payments of principal and interest on
6bonds issued under Section 15 of the Local Government Debt
7Reform Act; (j) made for a qualified airport authority to pay
8interest or principal on general obligation bonds issued for
9the purpose of paying obligations due under, or financing
10airport facilities required to be acquired, constructed,
11installed or equipped pursuant to, contracts entered into
12before March 1, 1996 (but not including any amendments to such
13a contract taking effect on or after that date); (k) made to
14fund expenses of providing joint recreational programs for
15persons with disabilities under Section 5-8 of the Park
16District Code or Section 11-95-14 of the Illinois Municipal
17Code; (l) made for contributions to a firefighter's pension
18fund created under Article 4 of the Illinois Pension Code, to
19the extent of the amount certified under item (5) of Section
204-134 of the Illinois Pension Code; and (m) made for the taxing
21district to pay interest or principal on general obligation
22bonds issued pursuant to Section 19-3.10 of the School Code.
23    "Aggregate extension" for all taxing districts to which
24this Law applies in accordance with paragraph (2) of
25subsection (e) of Section 18-213 means the annual corporate
26extension for the taxing district and those special purpose

 

 

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1extensions that are made annually for the taxing district,
2excluding special purpose extensions: (a) made for the taxing
3district to pay interest or principal on general obligation
4bonds that were approved by referendum; (b) made for any
5taxing district to pay interest or principal on general
6obligation bonds issued before March 7, 1997 (the effective
7date of Public Act 89-718) this amendatory Act of 1997; (c)
8made for any taxing district to pay interest or principal on
9bonds issued to refund or continue to refund those bonds
10issued before March 7, 1997 (the effective date of Public Act
1189-718) this amendatory Act of 1997; (d) made for any taxing
12district to pay interest or principal on bonds issued to
13refund or continue to refund bonds issued after March 7, 1997
14(the effective date of Public Act 89-718) this amendatory Act
15of 1997 if the bonds were approved by referendum after March 7,
161997 (the effective date of Public Act 89-718) this amendatory
17Act of 1997; (e) made for any taxing district to pay interest
18or principal on revenue bonds issued before March 7, 1997 (the
19effective date of Public Act 89-718) this amendatory Act of
201997 for payment of which a property tax levy or the full faith
21and credit of the unit of local government is pledged;
22however, a tax for the payment of interest or principal on
23those bonds shall be made only after the governing body of the
24unit of local government finds that all other sources for
25payment are insufficient to make those payments; (f) made for
26payments under a building commission lease when the lease

 

 

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1payments are for the retirement of bonds issued by the
2commission before March 7, 1997 (the effective date of Public
3Act 89-718) this amendatory Act of 1997 to pay for the building
4project; (g) made for payments due under installment contracts
5entered into before March 7, 1997 (the effective date of
6Public Act 89-718) this amendatory Act of 1997; (h) made for
7payments of principal and interest on limited bonds, as
8defined in Section 3 of the Local Government Debt Reform Act,
9in an amount not to exceed the debt service extension base less
10the amount in items (b), (c), and (e) of this definition for
11non-referendum obligations, except obligations initially
12issued pursuant to referendum; (i) made for payments of
13principal and interest on bonds issued under Section 15 of the
14Local Government Debt Reform Act; (j) made for a qualified
15airport authority to pay interest or principal on general
16obligation bonds issued for the purpose of paying obligations
17due under, or financing airport facilities required to be
18acquired, constructed, installed or equipped pursuant to,
19contracts entered into before March 1, 1996 (but not including
20any amendments to such a contract taking effect on or after
21that date); (k) made to fund expenses of providing joint
22recreational programs for persons with disabilities under
23Section 5-8 of the Park District Code or Section 11-95-14 of
24the Illinois Municipal Code; and (l) made for contributions to
25a firefighter's pension fund created under Article 4 of the
26Illinois Pension Code, to the extent of the amount certified

 

 

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1under item (5) of Section 4-134 of the Illinois Pension Code.
2    "Debt service extension base" means an amount equal to
3that portion of the extension for a taxing district for the
41994 levy year, or for those taxing districts subject to this
5Law in accordance with Section 18-213, except for those
6subject to paragraph (2) of subsection (e) of Section 18-213,
7for the levy year in which the referendum making this Law
8applicable to the taxing district is held, or for those taxing
9districts subject to this Law in accordance with paragraph (2)
10of subsection (e) of Section 18-213 for the 1996 levy year,
11constituting an extension for payment of principal and
12interest on bonds issued by the taxing district without
13referendum, but not including excluded non-referendum bonds.
14For park districts (i) that were first subject to this Law in
151991 or 1995 and (ii) whose extension for the 1994 levy year
16for the payment of principal and interest on bonds issued by
17the park district without referendum (but not including
18excluded non-referendum bonds) was less than 51% of the amount
19for the 1991 levy year constituting an extension for payment
20of principal and interest on bonds issued by the park district
21without referendum (but not including excluded non-referendum
22bonds), "debt service extension base" means an amount equal to
23that portion of the extension for the 1991 levy year
24constituting an extension for payment of principal and
25interest on bonds issued by the park district without
26referendum (but not including excluded non-referendum bonds).

 

 

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1A debt service extension base established or increased at any
2time pursuant to any provision of this Law, except Section
318-212, shall be increased each year commencing with the later
4of (i) the 2009 levy year or (ii) the first levy year in which
5this Law becomes applicable to the taxing district, by the
6lesser of 5% or the percentage increase in the Consumer Price
7Index during the 12-month calendar year preceding the levy
8year. The debt service extension base may be established or
9increased as provided under Section 18-212. "Excluded
10non-referendum bonds" means (i) bonds authorized by Public Act
1188-503 and issued under Section 20a of the Chicago Park
12District Act for aquarium and museum projects; (ii) bonds
13issued under Section 15 of the Local Government Debt Reform
14Act; or (iii) refunding obligations issued to refund or to
15continue to refund obligations initially issued pursuant to
16referendum.
17    "Special purpose extensions" include, but are not limited
18to, extensions for levies made on an annual basis for
19unemployment and workers' compensation, self-insurance,
20contributions to pension plans, and extensions made pursuant
21to Section 6-601 of the Illinois Highway Code for a road
22district's permanent road fund whether levied annually or not.
23The extension for a special service area is not included in the
24aggregate extension.
25    "Aggregate extension base" means the taxing district's
26last preceding aggregate extension as adjusted under Sections

 

 

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118-135, 18-215, 18-230, and 18-206. An adjustment under
2Section 18-135 shall be made for the 2007 levy year and all
3subsequent levy years whenever one or more counties within
4which a taxing district is located (i) used estimated
5valuations or rates when extending taxes in the taxing
6district for the last preceding levy year that resulted in the
7over or under extension of taxes, or (ii) increased or
8decreased the tax extension for the last preceding levy year
9as required by Section 18-135(c). Whenever an adjustment is
10required under Section 18-135, the aggregate extension base of
11the taxing district shall be equal to the amount that the
12aggregate extension of the taxing district would have been for
13the last preceding levy year if either or both (i) actual,
14rather than estimated, valuations or rates had been used to
15calculate the extension of taxes for the last levy year, or
16(ii) the tax extension for the last preceding levy year had not
17been adjusted as required by subsection (c) of Section 18-135.
18    Notwithstanding any other provision of law, for levy year
192012, the aggregate extension base for West Northfield School
20District No. 31 in Cook County shall be $12,654,592.
21    Notwithstanding any other provision of law, for levy year
222022, the aggregate extension base for Township High School
23District Number 211, Cook County, Illinois, shall be the
24amount that the district's aggregate extension for levy year
252021 would have been assuming an extension of taxes for levy
26year 2021 at the limiting rate for levy year 2021.

 

 

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1    "Levy year" has the same meaning as "year" under Section
21-155.
3    "New property" means (i) the assessed value, after final
4board of review or board of appeals action, of new
5improvements or additions to existing improvements on any
6parcel of real property that increase the assessed value of
7that real property during the levy year multiplied by the
8equalization factor issued by the Department under Section
917-30, (ii) the assessed value, after final board of review or
10board of appeals action, of real property not exempt from real
11estate taxation, which real property was exempt from real
12estate taxation for any portion of the immediately preceding
13levy year, multiplied by the equalization factor issued by the
14Department under Section 17-30, including the assessed value,
15upon final stabilization of occupancy after new construction
16is complete, of any real property located within the
17boundaries of an otherwise or previously exempt military
18reservation that is intended for residential use and owned by
19or leased to a private corporation or other entity, (iii) in
20counties that classify in accordance with Section 4 of Article
21IX of the Illinois Constitution, an incentive property's
22additional assessed value resulting from a scheduled increase
23in the level of assessment as applied to the first year final
24board of review market value, and (iv) any increase in
25assessed value due to oil or gas production from an oil or gas
26well required to be permitted under the Hydraulic Fracturing

 

 

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1Regulatory Act that was not produced in or accounted for
2during the previous levy year. In addition, the county clerk
3in a county containing a population of 3,000,000 or more shall
4include in the 1997 recovered tax increment value for any
5school district, any recovered tax increment value that was
6applicable to the 1995 tax year calculations.
7    "Qualified airport authority" means an airport authority
8organized under the Airport Authorities Act and located in a
9county bordering on the State of Wisconsin and having a
10population in excess of 200,000 and not greater than 500,000.
11    "Recovered tax increment value" means, except as otherwise
12provided in this paragraph, the amount of the current year's
13equalized assessed value, in the first year after a
14municipality terminates the designation of an area as a
15redevelopment project area previously established under the
16Tax Increment Allocation Redevelopment Development Act in the
17Illinois Municipal Code, previously established under the
18Industrial Jobs Recovery Law in the Illinois Municipal Code,
19previously established under the Economic Development Project
20Area Tax Increment Act of 1995, or previously established
21under the Economic Development Area Tax Increment Allocation
22Act, of each taxable lot, block, tract, or parcel of real
23property in the redevelopment project area over and above the
24initial equalized assessed value of each property in the
25redevelopment project area. For the taxes which are extended
26for the 1997 levy year, the recovered tax increment value for a

 

 

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

 

 

HB1539 Engrossed- 18 -LRB102 03555 HLH 13568 b

1    Except as otherwise provided in this Section, "limiting
2rate" means a fraction the numerator of which is the last
3preceding aggregate extension base times an amount equal to
4one plus the extension limitation defined in this Section and
5the denominator of which is the current year's equalized
6assessed value of all real property in the territory under the
7jurisdiction of the taxing district during the prior levy
8year. For those taxing districts that reduced their aggregate
9extension for the last preceding levy year, except for school
10districts that reduced their extension for educational
11purposes pursuant to Section 18-206, the highest aggregate
12extension in any of the last 3 preceding levy years shall be
13used for the purpose of computing the limiting rate. The
14denominator shall not include new property or the recovered
15tax increment value. If a new rate, a rate decrease, or a
16limiting rate increase has been approved at an election held
17after March 21, 2006, then (i) the otherwise applicable
18limiting rate shall be increased by the amount of the new rate
19or shall be reduced by the amount of the rate decrease, as the
20case may be, or (ii) in the case of a limiting rate increase,
21the limiting rate shall be equal to the rate set forth in the
22proposition approved by the voters for each of the years
23specified in the proposition, after which the limiting rate of
24the taxing district shall be calculated as otherwise provided.
25In the case of a taxing district that obtained referendum
26approval for an increased limiting rate on March 20, 2012, the

 

 

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1limiting rate for tax year 2012 shall be the rate that
2generates the approximate total amount of taxes extendable for
3that tax year, as set forth in the proposition approved by the
4voters; this rate shall be the final rate applied by the county
5clerk for the aggregate of all capped funds of the district for
6tax year 2012.
7(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;
8100-465, eff. 8-31-17; revised 8-12-19.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.