Full Text of HB1041 94th General Assembly
HB1041sam002 94TH GENERAL ASSEMBLY
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Sen. Don Harmon
Filed: 5/16/2005
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| AMENDMENT TO HOUSE BILL 1041
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| AMENDMENT NO. ______. Amend House Bill 1041, AS AMENDED, by | 3 |
| replacing everything after the enacting clause with the | 4 |
| following:
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| "Section 1. This amendatory Act shall be known as the PTELL | 6 |
| Required Referendum Procedures Act. | 7 |
| Section 3. Findings.
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| (a) Approximately 80% of the State's population lives in a | 9 |
| county in which the Property Tax Extension Limitation Law is | 10 |
| applicable. This Law has been in effect for over 13 years, and | 11 |
| the provisions of the Election Code, the Property Tax Code, and | 12 |
| the various local government statutes governing tax rate | 13 |
| increase referenda have not been updated to take into account | 14 |
| this Law.
| 15 |
| (b) In many circumstances there is no easily understood | 16 |
| proposition that can be presented to a taxing district's voters | 17 |
| to authorize a tax rate increase. Both voters and local | 18 |
| government officials are confused and frustrated by referendum | 19 |
| propositions that do not accurately reflect the way the | 20 |
| Property Tax Extension Limitation Law works.
| 21 |
| (c) This amendatory Act requires the use of ballots that | 22 |
| accurately tell the voter what the result of approving the | 23 |
| proposition will be and requires all ballots and notices at tax | 24 |
| rate increase elections to contain meaningful and consistent |
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| information about the impact of the referendum.
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| (d) This amendatory Act retains the option to phase in tax | 3 |
| rate increases over 4 years but limits the amount of the | 4 |
| increase to be phased in to the amount of the actual rate | 5 |
| increase approved by referendum. | 6 |
| (e) This amendatory Act does not change the way prior voted | 7 |
| increases were authorized and does not authorize any | 8 |
| non-referendum tax rate increases. Tax rate increases beyond | 9 |
| the limitations of the Property Tax Extension Limitation Law | 10 |
| must continue to be approved by referendum, and this amendatory | 11 |
| Act applies only to taxing districts subject to the Property | 12 |
| Tax Extension Limitation Law.
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| Section 5. The Property Tax Code is amended by changing | 14 |
| Sections 18-185, 18-190, and 18-205 as follows:
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| (35 ILCS 200/18-185)
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| Sec. 18-185. Short title; definitions. This Division 5 may | 17 |
| be cited as the
Property Tax Extension Limitation Law. As used | 18 |
| in this Division 5:
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| "Consumer Price Index" means the Consumer Price Index for | 20 |
| All Urban
Consumers for all items published by the United | 21 |
| States Department of Labor.
| 22 |
| "Extension limitation" means (a) the lesser of 5% or the | 23 |
| percentage increase
in the Consumer Price Index during the | 24 |
| 12-month calendar year preceding the
levy year or (b) the rate | 25 |
| of increase approved by voters under Section 18-205.
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| "Affected county" means a county of 3,000,000 or more | 27 |
| inhabitants or a
county contiguous to a county of 3,000,000 or | 28 |
| more inhabitants.
| 29 |
| "Taxing district" has the same meaning provided in Section | 30 |
| 1-150, except as
otherwise provided in this Section. For the | 31 |
| 1991 through 1994 levy years only,
"taxing district" includes | 32 |
| only each non-home rule taxing district having the
majority of |
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| its
1990 equalized assessed value within any county or counties | 2 |
| contiguous to a
county with 3,000,000 or more inhabitants. | 3 |
| Beginning with the 1995 levy
year, "taxing district" includes | 4 |
| only each non-home rule taxing district
subject to this Law | 5 |
| before the 1995 levy year and each non-home rule
taxing | 6 |
| district not subject to this Law before the 1995 levy year | 7 |
| having the
majority of its 1994 equalized assessed value in an | 8 |
| affected county or
counties. Beginning with the levy year in
| 9 |
| which this Law becomes applicable to a taxing district as
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| provided in Section 18-213, "taxing district" also includes | 11 |
| those taxing
districts made subject to this Law as provided in | 12 |
| Section 18-213.
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| "Aggregate extension" for taxing districts to which this | 14 |
| Law applied before
the 1995 levy year means the annual | 15 |
| corporate extension for the taxing
district and those special | 16 |
| purpose extensions that are made annually for
the taxing | 17 |
| district, excluding special purpose extensions: (a) made for | 18 |
| the
taxing district to pay interest or principal on general | 19 |
| obligation bonds
that were approved by referendum; (b) made for | 20 |
| any taxing district to pay
interest or principal on general | 21 |
| obligation bonds issued before October 1,
1991; (c) made for | 22 |
| any taxing district to pay interest or principal on bonds
| 23 |
| issued to refund or continue to refund those bonds issued | 24 |
| before October 1,
1991; (d)
made for any taxing district to pay | 25 |
| interest or principal on bonds
issued to refund or continue to | 26 |
| refund bonds issued after October 1, 1991 that
were approved by | 27 |
| referendum; (e)
made for any taxing district to pay interest
or | 28 |
| principal on revenue bonds issued before October 1, 1991 for | 29 |
| payment of
which a property tax levy or the full faith and | 30 |
| credit of the unit of local
government is pledged; however, a | 31 |
| tax for the payment of interest or principal
on those bonds | 32 |
| shall be made only after the governing body of the unit of | 33 |
| local
government finds that all other sources for payment are | 34 |
| insufficient to make
those payments; (f) made for payments |
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| under a building commission lease when
the lease payments are | 2 |
| for the retirement of bonds issued by the commission
before | 3 |
| October 1, 1991, to pay for the building project; (g) made for | 4 |
| payments
due under installment contracts entered into before | 5 |
| October 1, 1991;
(h) made for payments of principal and | 6 |
| interest on bonds issued under the
Metropolitan Water | 7 |
| Reclamation District Act to finance construction projects
| 8 |
| initiated before October 1, 1991; (i) made for payments of | 9 |
| principal and
interest on limited bonds, as defined in Section | 10 |
| 3 of the Local Government Debt
Reform Act, in an amount not to | 11 |
| exceed the debt service extension base less
the amount in items | 12 |
| (b), (c), (e), and (h) of this definition for
non-referendum | 13 |
| obligations, except obligations initially issued pursuant to
| 14 |
| referendum; (j) made for payments of principal and interest on | 15 |
| bonds
issued under Section 15 of the Local Government Debt | 16 |
| Reform Act; (k)
made
by a school district that participates in | 17 |
| the Special Education District of
Lake County, created by | 18 |
| special education joint agreement under Section
10-22.31 of the | 19 |
| School Code, for payment of the school district's share of the
| 20 |
| amounts required to be contributed by the Special Education | 21 |
| District of Lake
County to the Illinois Municipal Retirement | 22 |
| Fund under Article 7 of the
Illinois Pension Code; the amount | 23 |
| of any extension under this item (k) shall be
certified by the | 24 |
| school district to the county clerk; (l) made to fund
expenses | 25 |
| of providing joint recreational programs for the handicapped | 26 |
| under
Section 5-8 of
the
Park District Code or Section 11-95-14 | 27 |
| of the Illinois Municipal Code; (m) made for temporary | 28 |
| relocation loan repayment purposes pursuant to Sections 2-3.77 | 29 |
| and 17-2.2d of the School Code ; , and (n) made for payment of | 30 |
| principal and interest on any bonds issued under the authority | 31 |
| of Section 17-2.2d of the School Code; and (o)
(m) made for | 32 |
| contributions to a firefighter's pension fund created under | 33 |
| Article 4 of the Illinois Pension Code, to the extent of the | 34 |
| amount certified under item (5) of Section 4-134 of the |
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| Illinois Pension Code.
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| "Aggregate extension" for the taxing districts to which | 3 |
| this Law did not
apply before the 1995 levy year (except taxing | 4 |
| districts subject to this Law
in
accordance with Section | 5 |
| 18-213) means the annual corporate extension for the
taxing | 6 |
| district and those special purpose extensions that are made | 7 |
| annually for
the taxing district, excluding special purpose | 8 |
| extensions: (a) made for the
taxing district to pay interest or | 9 |
| principal on general obligation bonds that
were approved by | 10 |
| referendum; (b) made for any taxing district to pay interest
or | 11 |
| principal on general obligation bonds issued before March 1, | 12 |
| 1995; (c) made
for any taxing district to pay interest or | 13 |
| principal on bonds issued to refund
or continue to refund those | 14 |
| bonds issued before March 1, 1995; (d) made for any
taxing | 15 |
| district to pay interest or principal on bonds issued to refund | 16 |
| or
continue to refund bonds issued after March 1, 1995 that | 17 |
| were approved by
referendum; (e) made for any taxing district | 18 |
| to pay interest or principal on
revenue bonds issued before | 19 |
| March 1, 1995 for payment of which a property tax
levy or the | 20 |
| full faith and credit of the unit of local government is | 21 |
| pledged;
however, a tax for the payment of interest or | 22 |
| principal on those bonds shall be
made only after the governing | 23 |
| body of the unit of local government finds that
all other | 24 |
| sources for payment are insufficient to make those payments; | 25 |
| (f) made
for payments under a building commission lease when | 26 |
| the lease payments are for
the retirement of bonds issued by | 27 |
| the commission before March 1, 1995 to
pay for the building | 28 |
| project; (g) made for payments due under installment
contracts | 29 |
| entered into before March 1, 1995; (h) made for payments of
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| principal and interest on bonds issued under the Metropolitan | 31 |
| Water Reclamation
District Act to finance construction | 32 |
| projects initiated before October 1,
1991; (h-4) made for | 33 |
| stormwater management purposes by the Metropolitan Water | 34 |
| Reclamation District of Greater Chicago under Section 12 of the |
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| Metropolitan Water Reclamation District Act; (i) made for | 2 |
| payments of principal and interest on limited bonds,
as defined | 3 |
| in Section 3 of the Local Government Debt Reform Act, in an | 4 |
| amount
not to exceed the debt service extension base less the | 5 |
| amount in items (b),
(c), and (e) of this definition for | 6 |
| non-referendum obligations, except
obligations initially | 7 |
| issued pursuant to referendum and bonds described in
subsection | 8 |
| (h) of this definition; (j) made for payments of
principal and | 9 |
| interest on bonds issued under Section 15 of the Local | 10 |
| Government
Debt Reform Act; (k) made for payments of principal | 11 |
| and interest on bonds
authorized by Public Act 88-503 and | 12 |
| issued under Section 20a of the Chicago
Park District Act for | 13 |
| aquarium or
museum projects; (l) made for payments of principal | 14 |
| and interest on
bonds
authorized by Public Act 87-1191 or | 15 |
| 93-601 and (i) issued pursuant to Section 21.2 of the Cook | 16 |
| County Forest
Preserve District Act, (ii) issued under Section | 17 |
| 42 of the Cook County
Forest Preserve District Act for | 18 |
| zoological park projects, or (iii) issued
under Section 44.1 of | 19 |
| the Cook County Forest Preserve District Act for
botanical | 20 |
| gardens projects; (m) made
pursuant
to Section 34-53.5 of the | 21 |
| School Code, whether levied annually or not;
(n) made to fund | 22 |
| expenses of providing joint recreational programs for the
| 23 |
| handicapped under Section 5-8 of the Park
District Code or | 24 |
| Section 11-95-14 of the Illinois Municipal Code;
(o) made by | 25 |
| the
Chicago Park
District for recreational programs for the | 26 |
| handicapped under subsection (c) of
Section
7.06 of the Chicago | 27 |
| Park District Act; and (p) made for contributions to a | 28 |
| firefighter's pension fund created under Article 4 of the | 29 |
| Illinois Pension Code, to the extent of the amount certified | 30 |
| under item (5) of Section 4-134 of the Illinois Pension Code.
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| "Aggregate extension" for all taxing districts to which | 32 |
| this Law applies in
accordance with Section 18-213, except for | 33 |
| those taxing districts subject to
paragraph (2) of subsection | 34 |
| (e) of Section 18-213, means the annual corporate
extension for |
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| the
taxing district and those special purpose extensions that | 2 |
| are made annually for
the taxing district, excluding special | 3 |
| purpose extensions: (a) made for the
taxing district to pay | 4 |
| interest or principal on general obligation bonds that
were | 5 |
| approved by referendum; (b) made for any taxing district to pay | 6 |
| interest
or principal on general obligation bonds issued before | 7 |
| the date on which the
referendum making this
Law applicable to | 8 |
| the taxing district is held; (c) made
for any taxing district | 9 |
| to pay interest or principal on bonds issued to refund
or | 10 |
| continue to refund those bonds issued before the date on which | 11 |
| the
referendum making this Law
applicable to the taxing | 12 |
| district is held;
(d) made for any
taxing district to pay | 13 |
| interest or principal on bonds issued to refund or
continue to | 14 |
| refund bonds issued after the date on which the referendum | 15 |
| making
this Law
applicable to the taxing district is held if | 16 |
| the bonds were approved by
referendum after the date on which | 17 |
| the referendum making this Law
applicable to the taxing | 18 |
| district is held; (e) made for any
taxing district to pay | 19 |
| interest or principal on
revenue bonds issued before the date | 20 |
| on which the referendum making this Law
applicable to the
| 21 |
| taxing district is held for payment of which a property tax
| 22 |
| levy or the full faith and credit of the unit of local | 23 |
| government is pledged;
however, a tax for the payment of | 24 |
| interest or principal on those bonds shall be
made only after | 25 |
| the governing body of the unit of local government finds that
| 26 |
| all other sources for payment are insufficient to make those | 27 |
| payments; (f) made
for payments under a building commission | 28 |
| lease when the lease payments are for
the retirement of bonds | 29 |
| issued by the commission before the date on which the
| 30 |
| referendum making this
Law applicable to the taxing district is | 31 |
| held to
pay for the building project; (g) made for payments due | 32 |
| under installment
contracts entered into before the date on | 33 |
| which the referendum making this Law
applicable to
the taxing | 34 |
| district is held;
(h) made for payments
of principal and |
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| interest on limited bonds,
as defined in Section 3 of the Local | 2 |
| Government Debt Reform Act, in an amount
not to exceed the debt | 3 |
| service extension base less the amount in items (b),
(c), and | 4 |
| (e) of this definition for non-referendum obligations, except
| 5 |
| obligations initially issued pursuant to referendum; (i) made | 6 |
| for payments
of
principal and interest on bonds issued under | 7 |
| Section 15 of the Local Government
Debt Reform Act;
(j)
made | 8 |
| for a qualified airport authority to pay interest or principal | 9 |
| on
general obligation bonds issued for the purpose of paying | 10 |
| obligations due
under, or financing airport facilities | 11 |
| required to be acquired, constructed,
installed or equipped | 12 |
| pursuant to, contracts entered into before March
1, 1996 (but | 13 |
| not including any amendments to such a contract taking effect | 14 |
| on
or after that date); (k) made to fund expenses of providing | 15 |
| joint
recreational programs for the handicapped under Section | 16 |
| 5-8 of
the
Park District Code or Section 11-95-14 of the | 17 |
| Illinois Municipal Code; and (l) made for contributions to a | 18 |
| firefighter's pension fund created under Article 4 of the | 19 |
| Illinois Pension Code, to the extent of the amount certified | 20 |
| under item (5) of Section 4-134 of the Illinois Pension Code.
| 21 |
| "Aggregate extension" for all taxing districts to which | 22 |
| this Law applies in
accordance with 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 | 27 |
| interest or principal on general obligation bonds that
were | 28 |
| approved by referendum; (b) made for any taxing district to pay | 29 |
| interest
or principal on general obligation bonds issued before | 30 |
| the effective date of
this amendatory Act of 1997;
(c) made
for | 31 |
| any taxing district to pay interest or principal on bonds | 32 |
| issued to refund
or continue to refund those bonds issued | 33 |
| before the effective date
of this amendatory Act of 1997;
(d) | 34 |
| made for any
taxing district to pay interest or principal on |
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| bonds issued to refund or
continue to refund bonds issued after | 2 |
| the effective date of this amendatory Act
of 1997 if the bonds | 3 |
| were approved by referendum after the effective date of
this | 4 |
| amendatory Act of 1997;
(e) made for any
taxing district to pay | 5 |
| interest or principal on
revenue bonds issued before the | 6 |
| effective date of this amendatory Act of 1997
for payment of | 7 |
| which a property tax
levy or the full faith and credit of the | 8 |
| unit of local government is pledged;
however, a tax for the | 9 |
| payment of interest or principal on those bonds shall be
made | 10 |
| only after the governing body of the unit of local government | 11 |
| finds that
all other sources for payment are insufficient to | 12 |
| make those payments; (f) made
for payments under a building | 13 |
| commission lease when the lease payments are for
the retirement | 14 |
| of bonds issued by the commission before the effective date
of | 15 |
| this amendatory Act of 1997
to
pay for the building project; | 16 |
| (g) made for payments due under installment
contracts entered | 17 |
| into before the effective date of this amendatory Act of
1997;
| 18 |
| (h) made for payments
of principal and interest on limited | 19 |
| bonds,
as defined in Section 3 of the Local Government Debt | 20 |
| Reform Act, in an amount
not to exceed the debt service | 21 |
| extension base less the amount in items (b),
(c), and (e) of | 22 |
| this definition for non-referendum obligations, except
| 23 |
| obligations initially issued pursuant to referendum; (i) made | 24 |
| for payments
of
principal and interest on bonds issued under | 25 |
| Section 15 of the Local Government
Debt Reform Act;
(j)
made | 26 |
| for a qualified airport authority to pay interest or principal | 27 |
| on
general obligation bonds issued for the purpose of paying | 28 |
| obligations due
under, or financing airport facilities | 29 |
| required to be acquired, constructed,
installed or equipped | 30 |
| pursuant to, contracts entered into before March
1, 1996 (but | 31 |
| not including any amendments to such a contract taking effect | 32 |
| on
or after that date); (k) made to fund expenses of providing | 33 |
| joint
recreational programs for the handicapped under Section | 34 |
| 5-8 of
the
Park District Code or Section 11-95-14 of the |
|
|
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| Illinois Municipal Code; and (l) made for contributions to a | 2 |
| firefighter's pension fund created under Article 4 of the | 3 |
| Illinois Pension Code, to the extent of the amount certified | 4 |
| under item (5) of Section 4-134 of the Illinois Pension Code.
| 5 |
| "Debt service extension base" means an amount equal to that | 6 |
| portion of the
extension for a taxing district for the 1994 | 7 |
| levy year, or for those taxing
districts subject to this Law in | 8 |
| accordance with Section 18-213, except for
those subject to | 9 |
| paragraph (2) of subsection (e) of Section 18-213, for the
levy
| 10 |
| year in which the referendum making this Law applicable to the | 11 |
| taxing district
is held, or for those taxing districts subject | 12 |
| to this Law in accordance with
paragraph (2) of subsection (e) | 13 |
| of Section 18-213 for the 1996 levy year,
constituting an
| 14 |
| extension for payment of principal and interest on bonds issued | 15 |
| by the taxing
district without referendum, but not including | 16 |
| excluded non-referendum bonds. For park districts (i) that were | 17 |
| first
subject to this Law in 1991 or 1995 and (ii) whose | 18 |
| extension for the 1994 levy
year for the payment of principal | 19 |
| and interest on bonds issued by the park
district without | 20 |
| referendum (but not including excluded non-referendum bonds)
| 21 |
| was less than 51% of the amount for the 1991 levy year | 22 |
| constituting an
extension for payment of principal and interest | 23 |
| on bonds issued by the park
district without referendum (but | 24 |
| not including excluded non-referendum bonds),
"debt service | 25 |
| extension base" means an amount equal to that portion of the
| 26 |
| extension for the 1991 levy year constituting an extension for | 27 |
| payment of
principal and interest on bonds issued by the park | 28 |
| district without referendum
(but not including excluded | 29 |
| non-referendum bonds). The debt service extension
base may be | 30 |
| established or increased as provided under Section 18-212.
| 31 |
| "Excluded non-referendum bonds" means (i) bonds authorized by | 32 |
| Public
Act 88-503 and issued under Section 20a of the Chicago | 33 |
| Park District Act for
aquarium and museum projects; (ii) bonds | 34 |
| issued under Section 15 of the
Local Government Debt Reform |
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| Act; or (iii) refunding obligations issued
to refund or to | 2 |
| continue to refund obligations initially issued pursuant to
| 3 |
| referendum.
| 4 |
| "Special purpose extensions" include, but are not limited | 5 |
| to, extensions
for levies made on an annual basis for | 6 |
| unemployment and workers'
compensation, self-insurance, | 7 |
| contributions to pension plans, and extensions
made pursuant to | 8 |
| Section 6-601 of the Illinois Highway Code for a road
| 9 |
| district's permanent road fund whether levied annually or not. | 10 |
| The
extension for a special service area is not included in the
| 11 |
| aggregate extension.
| 12 |
| "Aggregate extension base" means the taxing district's | 13 |
| last preceding
aggregate extension as adjusted under Sections | 14 |
| 18-215 through 18-230.
| 15 |
| "Levy year" has the same meaning as "year" under Section
| 16 |
| 1-155.
| 17 |
| "New property" means (i) the assessed value, after final | 18 |
| board of review or
board of appeals action, of new improvements | 19 |
| or additions to existing
improvements on any parcel of real | 20 |
| property that increase the assessed value of
that real property | 21 |
| during the levy year multiplied by the equalization factor
| 22 |
| issued by the Department under Section 17-30, (ii) the assessed | 23 |
| value, after
final board of review or board of appeals action, | 24 |
| of real property not exempt
from real estate taxation, which | 25 |
| real property was exempt from real estate
taxation for any | 26 |
| portion of the immediately preceding levy year, multiplied by
| 27 |
| the equalization factor issued by the Department under Section | 28 |
| 17-30, and
(iii) in counties that classify in accordance with | 29 |
| Section 4 of Article
IX of the
Illinois Constitution, an | 30 |
| incentive property's additional assessed value
resulting from | 31 |
| a
scheduled increase in the level of assessment as applied to | 32 |
| the first year
final board of
review market value.
In addition, | 33 |
| the county clerk in a county containing a population of
| 34 |
| 3,000,000 or more shall include in the 1997
recovered tax |
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| increment value for any school district, any recovered tax
| 2 |
| increment value that was applicable to the 1995 tax year | 3 |
| calculations.
| 4 |
| "Qualified airport authority" means an airport authority | 5 |
| organized under
the Airport Authorities Act and located in a | 6 |
| county bordering on the State of
Wisconsin and having a | 7 |
| population in excess of 200,000 and not greater than
500,000.
| 8 |
| "Recovered tax increment value" means, except as otherwise | 9 |
| provided in this
paragraph, the amount of the current year's | 10 |
| equalized assessed value, in the
first year after a | 11 |
| municipality terminates
the designation of an area as a | 12 |
| redevelopment project area previously
established under the | 13 |
| Tax Increment Allocation Development Act in the Illinois
| 14 |
| Municipal Code, previously established under the Industrial | 15 |
| Jobs Recovery Law
in the Illinois Municipal Code, or previously | 16 |
| established under the Economic
Development Area Tax Increment | 17 |
| Allocation Act, of each taxable lot, block,
tract, or parcel of | 18 |
| real property in the redevelopment project area over and
above | 19 |
| the initial equalized assessed value of each property in the
| 20 |
| redevelopment project area.
For the taxes which are extended | 21 |
| for the 1997 levy year, the recovered tax
increment value for a | 22 |
| non-home rule taxing district that first became subject
to this | 23 |
| Law for the 1995 levy year because a majority of its 1994 | 24 |
| equalized
assessed value was in an affected county or counties | 25 |
| shall be increased if a
municipality terminated the designation | 26 |
| of an area in 1993 as a redevelopment
project area previously | 27 |
| established under the Tax Increment Allocation
Development Act | 28 |
| in the Illinois Municipal Code, previously established under
| 29 |
| the Industrial Jobs Recovery Law in the Illinois Municipal | 30 |
| Code, or previously
established under the Economic Development | 31 |
| Area Tax Increment Allocation Act,
by an amount equal to the | 32 |
| 1994 equalized assessed value of each taxable lot,
block, | 33 |
| tract, or parcel of real property in the redevelopment project | 34 |
| area over
and above the initial equalized assessed value of |
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| each property in the
redevelopment project area.
In the first | 2 |
| year after a municipality
removes a taxable lot, block, tract, | 3 |
| or parcel of real property from a
redevelopment project area | 4 |
| established under the Tax Increment Allocation
Development Act | 5 |
| in the Illinois
Municipal Code, the Industrial Jobs Recovery | 6 |
| Law
in the Illinois Municipal Code, or the Economic
Development | 7 |
| Area Tax Increment Allocation Act, "recovered tax increment | 8 |
| value"
means the amount of the current year's equalized | 9 |
| assessed value of each taxable
lot, block, tract, or parcel of | 10 |
| real property removed from the redevelopment
project area over | 11 |
| and above the initial equalized assessed value of that real
| 12 |
| property before removal from the redevelopment project area.
| 13 |
| Except as otherwise provided in this Section, "limiting | 14 |
| rate" means a
fraction the numerator of which is the last
| 15 |
| preceding aggregate extension base times an amount equal to one | 16 |
| plus the
extension limitation defined in this Section and the | 17 |
| denominator of which
is the current year's equalized assessed | 18 |
| value of all real property in the
territory under the | 19 |
| jurisdiction of the taxing district during the prior
levy year. | 20 |
| For those taxing districts that reduced their aggregate
| 21 |
| extension for the last preceding levy year, the highest | 22 |
| aggregate extension
in any of the last 3 preceding levy years | 23 |
| shall be used for the purpose of
computing the limiting rate. | 24 |
| The denominator shall not include new
property. The denominator | 25 |
| shall not include the recovered tax increment
value.
When a new | 26 |
| rate or a rate increase or decrease has been approved by | 27 |
| referendum and is first effective for the current levy year, | 28 |
| the limiting rate shall be increased by the amount of the new | 29 |
| rate or the rate increase or shall be reduced by the amount of | 30 |
| the rate decrease, as the case may be. The rate increase or | 31 |
| decrease shall be the difference between the rate set forth in | 32 |
| the increase or decrease proposition and the rate extended for | 33 |
| the prior levy year for the fund set forth in the proposition. | 34 |
| If the aggregate tax rate extended for those funds that made up |
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| the aggregate extension for a taxing district that approved a | 2 |
| new rate or a rate increase pursuant to clause (i) of | 3 |
| subsection (a) of Section 18-190 is less than the limiting rate | 4 |
| for the first year for which the new rate or rate increase is | 5 |
| effective, the limiting rate may be increased for the next 4 | 6 |
| levy years or until the limiting rate for the prior levy year | 7 |
| is equal to the aggregate tax rate extended for those funds | 8 |
| that made up the aggregate extension for the prior levy year, | 9 |
| whichever is earlier. The amount of the increase in the | 10 |
| limiting rate shall be the difference between the limiting rate | 11 |
| for the prior levy year and the aggregate tax rate extended for | 12 |
| those funds that made up the aggregate extension for the prior | 13 |
| levy year. No further adjustments shall be made as a result of | 14 |
| the approval of a new rate or a rate increase.
| 15 |
| (Source: P.A. 92-547, eff. 6-13-02; 93-601, eff. 1-1-04; | 16 |
| 93-606, eff. 11-18-03; 93-612, eff. 11-18-03; 93-689, eff. | 17 |
| 7-1-04; 93-690, eff. 7-1-04; 93-1049, eff. 11-17-04; revised | 18 |
| 12-14-04.)
| 19 |
| (35 ILCS 200/18-190)
| 20 |
| Sec. 18-190. Direct referendum; new rate or increased rate. | 21 |
| (a) If a new rate
or a rate increase is authorized by | 22 |
| statute to be imposed without referendum or
is subject to a | 23 |
| backdoor referendum, as defined in Section 28-2 of the Election
| 24 |
| Code, the governing body of the affected taxing district before | 25 |
| levying the new
rate or rate increase shall submit the new rate | 26 |
| or rate increase to direct
referendum under the provisions of | 27 |
| Article 28 of the Election Code. Notwithstanding the | 28 |
| requirements of any other law, all taxing districts subject to | 29 |
| this Law shall follow the provisions of this Section whenever | 30 |
| seeking referendum approval after April 5, 2005 to increase (i) | 31 |
| the maximum authorized tax rate for any fund for which the | 32 |
| taxing district is authorized by statute to levy taxes and | 33 |
| which rate is limited by prior referendum or statutory |
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| authorization and which rate is authorized by statute to be | 2 |
| increased for a limited or unlimited number of years by direct | 3 |
| (and not back door) referendum, except for increases that | 4 |
| require an equal corresponding tax rate decrease for another | 5 |
| fund or (ii) the maximum extended tax rate applicable only to | 6 |
| the next taxes to be either levied or extended for any fund | 7 |
| notwithstanding the limiting rate that would otherwise be | 8 |
| applicable for such taxing district, which maximum extended tax | 9 |
| rate applicable to the next taxes shall not exceed the maximum | 10 |
| authorized tax rate for such fund. | 11 |
| The proposition seeking to obtain such referendum approval | 12 |
| for the increase described in clause (i) shall be in | 13 |
| substantially the following form: | 14 |
| Shall the maximum tax rate for the ... fund of ... | 15 |
| [insert legal name, number, if any, and county or counties | 16 |
| of taxing district], Illinois, be increased for the ... | 17 |
| levy year[s] [and all subsequent levy years] to ...% of the | 18 |
| equalized assessed value of the taxable property therein | 19 |
| instead of ...%, the otherwise applicable maximum tax rate | 20 |
| for such fund? | 21 |
| The votes must be recorded as "Yes" or "No". | 22 |
| The proposition seeking to obtain such referendum approval | 23 |
| for the increase described in clause (ii) shall be in | 24 |
| substantially the following form: | 25 |
| Shall the maximum tax rate for the ... fund of ... | 26 |
| [insert legal name, number, if any, and county or counties | 27 |
| of taxing district], Illinois, for the ... levy year be | 28 |
| equal to ...% of the equalized assessed value of the | 29 |
| taxable property therein notwithstanding the otherwise | 30 |
| applicable limitations set forth in the Property Tax | 31 |
| Extension Limitation Law on such tax rate? | 32 |
| The votes must be recorded as "Yes" or "No". | 33 |
| The ballot for any proposition submitted pursuant to this | 34 |
| Section shall have printed thereon, but not as a part of the |
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| proposition submitted, only the following supplemental | 2 |
| information; provided, however, that any error, miscalculation | 3 |
| or inaccuracy in computing any amount set forth on the ballot | 4 |
| shall not invalidate or affect the validity of any proposition | 5 |
| approved: | 6 |
| (1) if the taxing district is a school district or a | 7 |
| community college district, the geographic or other common | 8 |
| name by which the district is known and referred to; | 9 |
| (2) the amount, if any, of the proposed increase in the | 10 |
| maximum authorized tax rate for the fund referred to in the | 11 |
| proposition; | 12 |
| (3) the rate at which taxes for the fund was most | 13 |
| recently extended (at the time the submission of the | 14 |
| proposition is initiated by the taxing district); | 15 |
| (4) the amount by which the proposed rate for the fund | 16 |
| exceeds the most recently extended rate for the fund; | 17 |
| (5) the dollar amount of the last known aggregate | 18 |
| extension base of the taxing district (at the time the | 19 |
| submission of the proposition is initiated by the taxing | 20 |
| district); | 21 |
| (6) the estimated dollar amount of the aggregate | 22 |
| extension base of the taxing district if the proposition is | 23 |
| approved, such amount computed by multiplying the amount of | 24 |
| the last known equalized assessed value of the taxing | 25 |
| district at the time the submission of the proposition is | 26 |
| initiated by the taxing district by the amount from | 27 |
| paragraph (4) and adding the product to the amount from | 28 |
| paragraph (5); | 29 |
| (7) the percentage increase proposed in the aggregate | 30 |
| extension base of the taxing district based on the dollar | 31 |
| amount of the last known aggregate extension base of the | 32 |
| taxing district and the estimated dollar amount of the | 33 |
| aggregate extension base of the taxing district if the | 34 |
| proposition is approved; and |
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| (8) an estimate of the approximate amount of taxes | 2 |
| extendable against property containing a single family | 3 |
| residence and having a fair market value of $100,000 at the | 4 |
| most recent rate extended for the fund and at the proposed | 5 |
| increased rate. | 6 |
| Any notice required to be published in connection with the | 7 |
| submission of the proposition shall also contain this | 8 |
| supplemental information and shall not contain any other | 9 |
| supplemental information regarding the proposition. Notice of | 10 |
| the referendum shall be published and posted as otherwise | 11 |
| required by law, and the submission of the proposition shall be | 12 |
| initiated as provided by law. | 13 |
| If a majority of all ballots cast on the proposition are in | 14 |
| favor of the proposition, the following provisions shall be | 15 |
| applicable to the extension of taxes for the taxing district: | 16 |
| (A) the tax rate approved at the referendum may be | 17 |
| effective for the extension of taxes occurring more than 30 | 18 |
| days after the canvass of the results of the referendum by | 19 |
| the taxing district and shall not be effective for any tax | 20 |
| year for which the extension of taxes occurs 30 days or | 21 |
| less after such canvass in any county in which the taxing | 22 |
| district is located; | 23 |
| (B) if the proposition provides for an increase in the | 24 |
| maximum authorized tax rate, the new maximum authorized tax | 25 |
| rate for the fund shall be the rate set forth in the | 26 |
| proposition for the levy years set forth therein regardless | 27 |
| of whether the proposition is approved before or after the | 28 |
| taxing district adopts or files its levy for any levy year | 29 |
| set forth in the proposition; | 30 |
| (C) if the proposition does not provide for an increase | 31 |
| in the maximum authorized tax rate, but provides for an | 32 |
| increase in the maximum extended tax rate for a single levy | 33 |
| year, the maximum authorized tax rate for the fund shall | 34 |
| not be affected, but the rate extended for the fund shall |
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| be equal to the rate set forth in the proposition for the | 2 |
| levy year set forth in the proposition regardless of | 3 |
| whether the proposition is approved before or after the | 4 |
| taxing district adopts or files its levy for that levy | 5 |
| year.
| 6 |
| Rates
required to extend taxes
on levies subject to a | 7 |
| backdoor referendum in each
year there is a levy are not new | 8 |
| rates or rate increases under this Section if
a
levy has been | 9 |
| made for the fund in one or more of the preceding 3 levy
years. | 10 |
| Changes made by this amendatory Act of 1997 to this Section in
| 11 |
| reference to rates required to extend taxes on levies subject | 12 |
| to a backdoor
referendum in each year there is a levy are | 13 |
| declarative of existing law and not
a new enactment. | 14 |
| (b) Whenever other applicable law authorizes a taxing | 15 |
| district
subject to the
limitation
with respect to its | 16 |
| aggregate extension provided for in this Law to issue bonds
or | 17 |
| other obligations either without referendum or subject to | 18 |
| backdoor
referendum, the taxing district may elect for each | 19 |
| separate bond issuance to
submit the question of the issuance | 20 |
| of the bonds or obligations directly to the
voters of the | 21 |
| taxing district, and if the referendum passes the taxing
| 22 |
| district is not required to comply with any backdoor referendum
| 23 |
| procedures or requirements set forth in the other applicable | 24 |
| law. The
direct referendum shall be initiated by ordinance or | 25 |
| resolution of the
governing body of the taxing district, and | 26 |
| the question shall be certified
to the proper election | 27 |
| authorities in accordance with the provisions of the
Election | 28 |
| Code.
| 29 |
| (Source: P.A. 88-455; 88-670, eff. 12-2-94; 89-385, eff. | 30 |
| 8-18-95; 89-718,
eff. 3-7-97.)
| 31 |
| (35 ILCS 200/18-205)
| 32 |
| Sec. 18-205. Referendum to increase the extension | 33 |
| limitation. A taxing
district is limited to an extension |
|
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| limitation
increase of 5% or the percentage increase
in the | 2 |
| Consumer Price Index during the 12-month calendar year | 3 |
| preceding the
levy year, whichever is less. A taxing district | 4 |
| may increase its extension
limitation for one or more levy | 5 |
| years
a current levy year if that taxing district holds a | 6 |
| referendum
before the levy date for the first levy year at | 7 |
| which a majority of voters voting on the issue approves
| 8 |
| adoption of a higher extension limitation. Referenda shall be | 9 |
| conducted at a
regularly scheduled election in accordance with | 10 |
| the Election Code provided
that notice of the referendum, if | 11 |
| held before July 1, 1999, has been given in
accordance with the | 12 |
| provisions of Section 12-5 of the Election Code in effect
at | 13 |
| the time of the bond referendum, at least 10 and not more than | 14 |
| 45 days
before the date of the election, notwithstanding the | 15 |
| time for publication
otherwise imposed by Section 12-5. Notices | 16 |
| required in connection with the
submission of public questions | 17 |
| on or after July 1, 1999 shall be as set forth
in Section 12-5 | 18 |
| of the Election Code . The question shall be presented in
| 19 |
| substantially the following manner:
| 20 |
| Shall the extension limitation under the Property Tax | 21 |
| Extension Limitation Law for (name of taxing district) be | 22 |
| increased from the lesser of 5% or the increase in the | 23 |
| Consumer Price Index over the prior levy year to | 24 |
| (percentage of proposed increase) % for the (levy year or | 25 |
| years)?
| 26 |
| The votes must be recorded as "Yes" or "No". | 27 |
| -------------------------------------------------------------
| 28 |
| Shall the extension limitation
| 29 |
| under the Property Tax Extension
| 30 |
| Limitation Law for ...(taxing YES
| 31 |
| district name)... be increased from
| 32 |
| ...(the lesser of 5% or the increase ----------------
| 33 |
| in the Consumer Price Index over the
| 34 |
| prior levy year)...% to ...(percentage NO
|
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| of proposed increase)...% for the
| 2 |
| ...(levy year)... levy year?
| 3 |
| -------------------------------------------------------------
| 4 |
| If a majority of voters voting on the issue approves the | 5 |
| adoption of
the increase, the increase shall be applicable for | 6 |
| the levy year or years specified.
| 7 |
| (Source: P.A. 90-812, eff. 1-26-99; 91-57, eff. 6-30-99 .)
| 8 |
| (35 ILCS 200/18-230 rep.)
| 9 |
| Section 10. The Property Tax Code is amended by repealing | 10 |
| Section 18-230.
| 11 |
| Section 99. Effective date. This Act takes effect upon | 12 |
| becoming law.".
|
|