Full Text of HB0424 95th General Assembly
HB0424 95TH GENERAL ASSEMBLY
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95TH GENERAL ASSEMBLY
State of Illinois
2007 and 2008 HB0424
Introduced 1/26/2007, by Rep. Roger L. Eddy SYNOPSIS AS INTRODUCED: |
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35 ILCS 200/18-80 |
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35 ILCS 200/18-185 |
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105 ILCS 5/2-3.29 new |
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105 ILCS 5/3-15.1 |
from Ch. 122, par. 3-15.1 |
105 ILCS 5/17-9.03 new |
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Amends the Property Tax Code and School Code. Provides a notice form that must be used by school districts (other than Chicago) proposing a tax increase (now, all taxing districts use the same form). Excludes from the definition of "aggregate extension" a special purpose extension made for mandate shortfall relief under the School Code. Changes the definition of "debt service extension base" for school districts (other than Chicago). Requires a school district's annual financial statement to include a report showing the receipts and disbursements for special educational and transportation purposes. Provides that any shortfall in those funds permits the school board to levy (i) a mandate shortfall relief tax for special education mandates and (ii) a mandate shortfall relief tax for transportation mandates. Effective immediately.
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FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB0424 |
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| AN ACT concerning schools.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing | 5 |
| Sections 18-80 and 18-185 as follows:
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| (35 ILCS 200/18-80)
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| Sec. 18-80. Time and form of notice. The notice shall | 8 |
| appear not more than
14 days nor less than 7 days prior to the | 9 |
| date of the public hearing. The
notice shall be no less than | 10 |
| 1/8 page in size, and the smallest type used shall
be 12 point | 11 |
| and shall be enclosed in a black border no less than 1/4 inch | 12 |
| wide.
The notice shall not be placed in that portion of the | 13 |
| newspaper where legal
notices and classified advertisements | 14 |
| appear. The notice for all taxing districts except school | 15 |
| districts having a population of less than 500,000 inhabitants
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| shall be published in
substantially the following form:
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| Notice of Proposed Property Tax Increase for ... (commonly | 18 |
| known name of
taxing district).
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| I. A public hearing to approve a proposed property tax levy | 20 |
| increase for
... (legal name of the taxing district)... for ... | 21 |
| (year) ... will be held
on ... (date) ... at ... (time) ... at | 22 |
| ... (location).
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| Any person desiring to appear at the public hearing and |
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| present testimony
to the taxing district may contact ... (name, | 2 |
| title, address and telephone
number of an appropriate | 3 |
| official).
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| II. The corporate and special purpose property taxes | 5 |
| extended or abated
for ... (preceding year) ... were ... | 6 |
| (dollar amount of the final aggregate
levy as extended, plus | 7 |
| the amount abated by the taxing district prior to
extension).
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| The proposed corporate and special purpose property taxes | 9 |
| to be levied
for ... (current year) ... are ... (dollar amount | 10 |
| of the proposed aggregate
levy). This represents a ... | 11 |
| (percentage) ... increase over the previous
year.
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| III. The property taxes extended for debt service and | 13 |
| public building
commission leases for ... (preceding year) ... | 14 |
| were ... (dollar amount).
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| The estimated property taxes to be levied for debt service | 16 |
| and public
building commission leases for ... (current year) | 17 |
| ... are ... (dollar
amount). This represents a ... (percentage | 18 |
| increase or decrease) ... over
the previous year.
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| IV. The total property taxes extended or abated for ... | 20 |
| (preceding year)
... were ... (dollar amount).
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| The estimated total property taxes to be levied for ... | 22 |
| (current year)
... are ... (dollar amount). This represents a | 23 |
| ... (percentage increase or
decrease) ... over the previous | 24 |
| year. | 25 |
| The notice for all school districts having a population of | 26 |
| less than 500,000 inhabitants shall be published in |
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| substantially the following form: | 2 |
| Notice of Proposed Tax Increase for (commonly known name of | 3 |
| school district). | 4 |
| I. A public hearing to approve a proposed property tax levy | 5 |
| increase for (legal name of the taxing district) for (year) | 6 |
| will be held on (date) at (time) at (location). | 7 |
| Any person desiring to appear at the public hearing and | 8 |
| present testimony to the taxing district may contact (name, | 9 |
| title, address, and telephone number of an appropriate | 10 |
| official). | 11 |
| II. The corporate and special purpose property taxes | 12 |
| extended or abated for (preceding year) were (dollar amount of | 13 |
| the final aggregate levy as extended, plus the amount abated by | 14 |
| the taxing district prior to extension). | 15 |
| The proposed corporate and special purpose property taxes | 16 |
| to be levied for (current year) are (dollar amount of the | 17 |
| proposed aggregate levy). This represents a (percentage) | 18 |
| increase over the previous year. | 19 |
| III. The property taxes extended for debt service and | 20 |
| public building commission leases for (preceding year) were | 21 |
| (dollar amount). | 22 |
| The estimated property taxes to be levied for debt service | 23 |
| and public building commission leases for (current year) are | 24 |
| (dollar amount). This represents a (percentage increase or | 25 |
| decrease) over the previous year. | 26 |
| IV. The audit completed for fiscal year (previous fiscal |
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| year) for special education mandates listed a shortfall of | 2 |
| (dollar amount of shortfall; $0 if a surplus). The audit | 3 |
| completed for that fiscal year for transportation mandates | 4 |
| listed a shortfall of (dollar amount of shortfall; $0 if a | 5 |
| surplus). The proposed mandate shortfall relief levy for | 6 |
| special education mandates for (current year) is (dollar amount | 7 |
| not to exceed the amount of the audited shortfall). The | 8 |
| proposed mandate shortfall relief levy for transportation | 9 |
| mandates for (current year) is (dollar amount not exceed the | 10 |
| amount of the audited shortfall). | 11 |
| V. The total property taxes extended or abated for | 12 |
| (preceding year) were (dollar amount). | 13 |
| The estimated total property taxes to be levied for | 14 |
| (current year) are (dollar amount). This represents a | 15 |
| (percentage increase or decrease) over the previous year.
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| Any notice which includes any information not specified and | 17 |
| required by this
Article shall be an invalid notice.
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| All hearings shall be open to the public. The corporate | 19 |
| authority of the
taxing district shall explain the reasons for | 20 |
| the proposed increase and
shall permit persons desiring to be | 21 |
| heard an opportunity to present testimony
within reasonable | 22 |
| time limits as it determines.
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| (Source: P.A. 92-382, eff. 8-16-01.)
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| (35 ILCS 200/18-185)
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| Sec. 18-185. Short title; definitions. This Division 5 may |
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| be cited as the
Property Tax Extension Limitation Law. As used | 2 |
| in this Division 5:
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| "Consumer Price Index" means the Consumer Price Index for | 4 |
| All Urban
Consumers for all items published by the United | 5 |
| States Department of Labor.
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| "Extension limitation" means (a) the lesser of 5% or the | 7 |
| percentage increase
in the Consumer Price Index during the | 8 |
| 12-month calendar year preceding the
levy year or (b) the rate | 9 |
| of increase approved by voters under Section 18-205.
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| "Affected county" means a county of 3,000,000 or more | 11 |
| inhabitants or a
county contiguous to a county of 3,000,000 or | 12 |
| more inhabitants.
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| "Taxing district" has the same meaning provided in Section | 14 |
| 1-150, except as
otherwise provided in this Section. For the | 15 |
| 1991 through 1994 levy years only,
"taxing district" includes | 16 |
| only each non-home rule taxing district having the
majority of | 17 |
| its
1990 equalized assessed value within any county or counties | 18 |
| contiguous to a
county with 3,000,000 or more inhabitants. | 19 |
| Beginning with the 1995 levy
year, "taxing district" includes | 20 |
| only each non-home rule taxing district
subject to this Law | 21 |
| before the 1995 levy year and each non-home rule
taxing | 22 |
| district not subject to this Law before the 1995 levy year | 23 |
| having the
majority of its 1994 equalized assessed value in an | 24 |
| affected county or
counties. Beginning with the levy year in
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| which this Law becomes applicable to a taxing district as
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| provided in Section 18-213, "taxing district" also includes |
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| those taxing
districts made subject to this Law as provided in | 2 |
| Section 18-213.
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| "Aggregate extension" for taxing districts to which this | 4 |
| Law applied before
the 1995 levy year means the annual | 5 |
| corporate extension for the taxing
district and those special | 6 |
| purpose extensions that are made annually for
the taxing | 7 |
| district, excluding special purpose extensions: (a) made for | 8 |
| the
taxing district to pay interest or principal on general | 9 |
| obligation bonds
that were approved by referendum; (b) made for | 10 |
| any taxing district to pay
interest or principal on general | 11 |
| obligation bonds issued before October 1,
1991; (c) made for | 12 |
| any taxing district to pay interest or principal on bonds
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| issued to refund or continue to refund those bonds issued | 14 |
| before October 1,
1991; (d)
made for any taxing district to pay | 15 |
| interest or principal on bonds
issued to refund or continue to | 16 |
| refund bonds issued after October 1, 1991 that
were approved by | 17 |
| referendum; (e)
made for any taxing district to pay interest
or | 18 |
| principal on revenue bonds issued before October 1, 1991 for | 19 |
| payment of
which a property tax levy or the full faith and | 20 |
| credit of the unit of local
government is pledged; however, a | 21 |
| tax for the payment of interest or principal
on those bonds | 22 |
| shall be made only after the governing body of the unit of | 23 |
| local
government finds that all other sources for payment are | 24 |
| insufficient to make
those payments; (f) made for payments | 25 |
| under a building commission lease when
the lease payments are | 26 |
| for the retirement of bonds issued by the commission
before |
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| October 1, 1991, to pay for the building project; (g) made for | 2 |
| payments
due under installment contracts entered into before | 3 |
| October 1, 1991;
(h) made for payments of principal and | 4 |
| interest on bonds issued under the
Metropolitan Water | 5 |
| Reclamation District Act to finance construction projects
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| initiated before October 1, 1991; (i) made for payments of | 7 |
| principal and
interest on limited bonds, as defined in Section | 8 |
| 3 of the Local Government Debt
Reform Act, in an amount not to | 9 |
| exceed the debt service extension base less
the amount in items | 10 |
| (b), (c), (e), and (h) of this definition for
non-referendum | 11 |
| obligations, except obligations initially issued pursuant to
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| referendum; (j) made for payments of principal and interest on | 13 |
| bonds
issued under Section 15 of the Local Government Debt | 14 |
| Reform Act; (k)
made
by a school district that participates in | 15 |
| the Special Education District of
Lake County, created by | 16 |
| special education joint agreement under Section
10-22.31 of the | 17 |
| School Code, for payment of the school district's share of the
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| amounts required to be contributed by the Special Education | 19 |
| District of Lake
County to the Illinois Municipal Retirement | 20 |
| Fund under Article 7 of the
Illinois Pension Code; the amount | 21 |
| of any extension under this item (k) shall be
certified by the | 22 |
| school district to the county clerk; (l) made to fund
expenses | 23 |
| of providing joint recreational programs for the handicapped | 24 |
| under
Section 5-8 of
the
Park District Code or Section 11-95-14 | 25 |
| of the Illinois Municipal Code; (m) made for temporary | 26 |
| relocation loan repayment purposes pursuant to Sections 2-3.77 |
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| and 17-2.2d of the School Code; (n) made for payment of | 2 |
| principal and interest on any bonds issued under the authority | 3 |
| of Section 17-2.2d of the School Code; and (o) made for | 4 |
| contributions to a firefighter's pension fund created under | 5 |
| Article 4 of the Illinois Pension Code, to the extent of the | 6 |
| amount certified under item (5) of Section 4-134 of the | 7 |
| Illinois Pension Code ; and (p) made for mandate shortfall | 8 |
| relief under the Section 17-9.03 of the School Code .
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| "Aggregate extension" for the taxing districts to which | 10 |
| this Law did not
apply before the 1995 levy year (except taxing | 11 |
| districts subject to this Law
in
accordance with Section | 12 |
| 18-213) means the annual corporate extension for the
taxing | 13 |
| district and those special purpose extensions that are made | 14 |
| annually for
the taxing district, excluding special purpose | 15 |
| extensions: (a) made for the
taxing district to pay interest or | 16 |
| principal on general obligation bonds that
were approved by | 17 |
| referendum; (b) made for any taxing district to pay interest
or | 18 |
| principal on general obligation bonds issued before March 1, | 19 |
| 1995; (c) made
for any taxing district to pay interest or | 20 |
| principal on bonds issued to refund
or continue to refund those | 21 |
| bonds issued before March 1, 1995; (d) made for any
taxing | 22 |
| district to pay interest or principal on bonds issued to refund | 23 |
| or
continue to refund bonds issued after March 1, 1995 that | 24 |
| were approved by
referendum; (e) made for any taxing district | 25 |
| to pay interest or principal on
revenue bonds issued before | 26 |
| March 1, 1995 for payment of which a property tax
levy or the |
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| full faith and credit of the unit of local government is | 2 |
| pledged;
however, a tax for the payment of interest or | 3 |
| principal on those bonds shall be
made only after the governing | 4 |
| body of the unit of local government finds that
all other | 5 |
| sources for payment are insufficient to make those payments; | 6 |
| (f) made
for payments under a building commission lease when | 7 |
| the lease payments are for
the retirement of bonds issued by | 8 |
| the commission before March 1, 1995 to
pay for the building | 9 |
| project; (g) made for payments due under installment
contracts | 10 |
| entered into before March 1, 1995; (h) made for payments of
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| principal and interest on bonds issued under the Metropolitan | 12 |
| Water Reclamation
District Act to finance construction | 13 |
| projects initiated before October 1,
1991; (h-4) made for | 14 |
| stormwater management purposes by the Metropolitan Water | 15 |
| Reclamation District of Greater Chicago under Section 12 of the | 16 |
| Metropolitan Water Reclamation District Act; (i) made for | 17 |
| payments of principal and interest on limited bonds,
as defined | 18 |
| in Section 3 of the Local Government Debt Reform Act, in an | 19 |
| amount
not to exceed the debt service extension base less the | 20 |
| amount in items (b),
(c), and (e) of this definition for | 21 |
| non-referendum obligations, except
obligations initially | 22 |
| issued pursuant to referendum and bonds described in
subsection | 23 |
| (h) of this definition; (j) made for payments of
principal and | 24 |
| interest on bonds issued under Section 15 of the Local | 25 |
| Government
Debt Reform Act; (k) made for payments of principal | 26 |
| and interest on bonds
authorized by Public Act 88-503 and |
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| issued under Section 20a of the Chicago
Park District Act for | 2 |
| aquarium or
museum projects; (l) made for payments of principal | 3 |
| and interest on
bonds
authorized by Public Act 87-1191 or | 4 |
| 93-601 and (i) issued pursuant to Section 21.2 of the Cook | 5 |
| County Forest
Preserve District Act, (ii) issued under Section | 6 |
| 42 of the Cook County
Forest Preserve District Act for | 7 |
| zoological park projects, or (iii) issued
under Section 44.1 of | 8 |
| the Cook County Forest Preserve District Act for
botanical | 9 |
| gardens projects; (m) made
pursuant
to Section 34-53.5 of the | 10 |
| School Code, whether levied annually or not;
(n) made to fund | 11 |
| expenses of providing joint recreational programs for the
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| handicapped under Section 5-8 of the Park
District Code or | 13 |
| Section 11-95-14 of the Illinois Municipal Code;
(o) made by | 14 |
| the
Chicago Park
District for recreational programs for the | 15 |
| handicapped under subsection (c) of
Section
7.06 of the Chicago | 16 |
| Park District Act; (p) made for contributions to a | 17 |
| firefighter's pension fund created under Article 4 of the | 18 |
| Illinois Pension Code, to the extent of the amount certified | 19 |
| under item (5) of Section 4-134 of the Illinois Pension Code ; | 20 |
| (q) made by Ford Heights School District 169 under Section | 21 |
| 17-9.02 of the School Code ; and (r) made for mandate shortfall | 22 |
| relief under Section 17-9.03 of the School Code .
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| "Aggregate extension" for all taxing districts to which | 24 |
| this Law applies in
accordance with Section 18-213, except for | 25 |
| those taxing districts subject to
paragraph (2) of subsection | 26 |
| (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
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| all other sources for payment are insufficient to make those |
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| payments; (f) made
for payments under a building commission | 2 |
| lease when the lease payments are for
the retirement of bonds | 3 |
| issued by the commission before the date on which the
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| referendum making this
Law applicable to the taxing district is | 5 |
| held to
pay for the building project; (g) made for payments due | 6 |
| under installment
contracts entered into before the date on | 7 |
| which the referendum making this Law
applicable to
the taxing | 8 |
| district is held;
(h) made for payments
of principal and | 9 |
| interest on limited bonds,
as defined in Section 3 of the Local | 10 |
| Government Debt Reform Act, in an amount
not to exceed the debt | 11 |
| service extension base less the amount in items (b),
(c), and | 12 |
| (e) of this definition for non-referendum obligations, except
| 13 |
| obligations initially issued pursuant to referendum; (i) made | 14 |
| for payments
of
principal and interest on bonds issued under | 15 |
| Section 15 of the Local Government
Debt Reform Act;
(j)
made | 16 |
| for a qualified airport authority to pay interest or principal | 17 |
| on
general obligation bonds issued for the purpose of paying | 18 |
| obligations due
under, or financing airport facilities | 19 |
| required to be acquired, constructed,
installed or equipped | 20 |
| pursuant to, contracts entered into before March
1, 1996 (but | 21 |
| not including any amendments to such a contract taking effect | 22 |
| on
or after that date); (k) made to fund expenses of providing | 23 |
| joint
recreational programs for the handicapped under Section | 24 |
| 5-8 of
the
Park District Code or Section 11-95-14 of the | 25 |
| Illinois Municipal Code; and (l) made for contributions to a | 26 |
| firefighter's pension fund created under Article 4 of the |
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| Illinois Pension Code, to the extent of the amount certified | 2 |
| under item (5) of Section 4-134 of the Illinois Pension Code ; | 3 |
| and (m) made for mandate shortfall relief under Section 17-9.03 | 4 |
| of the School Code .
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| "Aggregate extension" for all taxing districts to which | 6 |
| this Law applies in
accordance with paragraph (2) of subsection | 7 |
| (e) of Section 18-213 means the
annual corporate extension for | 8 |
| the
taxing district and those special purpose extensions that | 9 |
| are made annually for
the taxing district, excluding special | 10 |
| purpose extensions: (a) made for the
taxing district to pay | 11 |
| interest or principal on general obligation bonds that
were | 12 |
| approved by referendum; (b) made for any taxing district to pay | 13 |
| interest
or principal on general obligation bonds issued before | 14 |
| the effective date of
this amendatory Act of 1997;
(c) made
for | 15 |
| any taxing district to pay interest or principal on bonds | 16 |
| issued to refund
or continue to refund those bonds issued | 17 |
| before the effective date
of this amendatory Act of 1997;
(d) | 18 |
| made for any
taxing district to pay interest or principal on | 19 |
| bonds issued to refund or
continue to refund bonds issued after | 20 |
| the effective date of this amendatory Act
of 1997 if the bonds | 21 |
| were approved by referendum after the effective date of
this | 22 |
| amendatory Act of 1997;
(e) made for any
taxing district to pay | 23 |
| interest or principal on
revenue bonds issued before the | 24 |
| effective date of this amendatory Act of 1997
for payment of | 25 |
| which a property tax
levy or the full faith and credit of the | 26 |
| unit of local government is pledged;
however, a tax for the |
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| payment of interest or principal on those bonds shall be
made | 2 |
| only after the governing body of the unit of local government | 3 |
| finds that
all other sources for payment are insufficient to | 4 |
| make those payments; (f) made
for payments under a building | 5 |
| commission lease when the lease payments are for
the retirement | 6 |
| of bonds issued by the commission before the effective date
of | 7 |
| this amendatory Act of 1997
to
pay for the building project; | 8 |
| (g) made for payments due under installment
contracts entered | 9 |
| into before the effective date of this amendatory Act of
1997;
| 10 |
| (h) made for payments
of principal and interest on limited | 11 |
| bonds,
as defined in Section 3 of the Local Government Debt | 12 |
| Reform Act, in an amount
not to exceed the debt service | 13 |
| extension base less the amount in items (b),
(c), and (e) of | 14 |
| this definition for non-referendum obligations, except
| 15 |
| obligations initially issued pursuant to referendum; (i) made | 16 |
| for payments
of
principal and interest on bonds issued under | 17 |
| Section 15 of the Local Government
Debt Reform Act;
(j)
made | 18 |
| for a qualified airport authority to pay interest or principal | 19 |
| on
general obligation bonds issued for the purpose of paying | 20 |
| obligations due
under, or financing airport facilities | 21 |
| required to be acquired, constructed,
installed or equipped | 22 |
| pursuant to, contracts entered into before March
1, 1996 (but | 23 |
| not including any amendments to such a contract taking effect | 24 |
| on
or after that date); (k) made to fund expenses of providing | 25 |
| joint
recreational programs for the handicapped under Section | 26 |
| 5-8 of
the
Park District Code or Section 11-95-14 of the |
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|
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LRB095 04583 BDD 24638 b |
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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 |
| and (m) made for mandate shortfall relief under Section 17-9.03 | 6 |
| of the School Code .
| 7 |
| "Debt service extension base" means , for taxing districts | 8 |
| except school districts having a population of less than | 9 |
| 500,000 inhabitants, an amount equal to that portion of the
| 10 |
| extension for a taxing district for the 1994 levy year, or for | 11 |
| those taxing
districts subject to this Law in accordance with | 12 |
| Section 18-213, except for
those subject to paragraph (2) of | 13 |
| subsection (e) of Section 18-213, for the
levy
year in which | 14 |
| the referendum making this Law applicable to the taxing | 15 |
| district
is held, or for those taxing districts subject to this | 16 |
| Law in accordance with
paragraph (2) of subsection (e) of | 17 |
| Section 18-213 for the 1996 levy year,
constituting an
| 18 |
| extension for payment of principal and interest on bonds issued | 19 |
| by the taxing
district without referendum, but not including | 20 |
| excluded non-referendum bonds. For park districts (i) that were | 21 |
| first
subject to this Law in 1991 or 1995 and (ii) whose | 22 |
| extension for the 1994 levy
year for the payment of principal | 23 |
| and interest on bonds issued by the park
district without | 24 |
| referendum (but not including excluded non-referendum bonds)
| 25 |
| was less than 51% of the amount for the 1991 levy year | 26 |
| constituting an
extension for payment of principal and interest |
|
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| 1 |
| on bonds issued by the park
district without referendum (but | 2 |
| not including excluded non-referendum bonds),
"debt service | 3 |
| extension base" means an amount equal to that portion of the
| 4 |
| extension for the 1991 levy year constituting an extension for | 5 |
| payment of
principal and interest on bonds issued by the park | 6 |
| district without referendum
(but not including excluded | 7 |
| non-referendum bonds). The debt service extension
base may be | 8 |
| established or increased as provided under Section 18-212.
| 9 |
| "Excluded non-referendum bonds" means (i) bonds authorized by | 10 |
| Public
Act 88-503 and issued under Section 20a of the Chicago | 11 |
| Park District Act for
aquarium and museum projects; (ii) bonds | 12 |
| issued under Section 15 of the
Local Government Debt Reform | 13 |
| Act; or (iii) refunding obligations issued
to refund or to | 14 |
| continue to refund obligations initially issued pursuant to
| 15 |
| referendum.
| 16 |
| "Debt service extension base" means, for school districts | 17 |
| having a population of less than 500,000 inhabitants, an amount | 18 |
| equal to 33% of the school district's currently applicable debt | 19 |
| limitation pursuant to Section 19-1 of the School Code.
| 20 |
| "Special purpose extensions" include, but are not limited | 21 |
| to, extensions
for levies made on an annual basis for | 22 |
| unemployment and workers'
compensation, self-insurance, | 23 |
| contributions to pension plans, and extensions
made pursuant to | 24 |
| Section 6-601 of the Illinois Highway Code for a road
| 25 |
| district's permanent road fund whether levied annually or not. | 26 |
| The
extension for a special service area is not included in the
|
|
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| 1 |
| aggregate extension.
| 2 |
| "Aggregate extension base" means the taxing district's | 3 |
| last preceding
aggregate extension as adjusted under Sections | 4 |
| 18-215
through 18-230.
| 5 |
| "Levy year" has the same meaning as "year" under Section
| 6 |
| 1-155.
| 7 |
| "New property" means (i) the assessed value, after final | 8 |
| board of review or
board of appeals action, of new improvements | 9 |
| or additions to existing
improvements on any parcel of real | 10 |
| property that increase the assessed value of
that real property | 11 |
| during the levy year multiplied by the equalization factor
| 12 |
| issued by the Department under Section 17-30, (ii) the assessed | 13 |
| value, after
final board of review or board of appeals action, | 14 |
| of real property not exempt
from real estate taxation, which | 15 |
| real property was exempt from real estate
taxation for any | 16 |
| portion of the immediately preceding levy year, multiplied by
| 17 |
| the equalization factor issued by the Department under Section | 18 |
| 17-30, including the assessed value, upon final stabilization | 19 |
| of occupancy after new construction is complete, of any real | 20 |
| property located within the boundaries of an otherwise or | 21 |
| previously exempt military reservation that is intended for | 22 |
| residential use and owned by or leased to a private corporation | 23 |
| or other entity, and
(iii) in counties that classify in | 24 |
| accordance with Section 4 of Article
IX of the
Illinois | 25 |
| Constitution, an incentive property's additional assessed | 26 |
| value
resulting from a
scheduled increase in the level of |
|
|
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| 1 |
| assessment as applied to the first year
final board of
review | 2 |
| market value.
In addition, the county clerk in a county | 3 |
| containing a population of
3,000,000 or more shall include in | 4 |
| the 1997
recovered tax increment value for any school district, | 5 |
| any recovered tax
increment value that was applicable to the | 6 |
| 1995 tax year calculations.
| 7 |
| "Qualified airport authority" means an airport authority | 8 |
| organized under
the Airport Authorities Act and located in a | 9 |
| county bordering on the State of
Wisconsin and having a | 10 |
| population in excess of 200,000 and not greater than
500,000.
| 11 |
| "Recovered tax increment value" means, except as otherwise | 12 |
| provided in this
paragraph, the amount of the current year's | 13 |
| equalized assessed value, in the
first year after a | 14 |
| municipality terminates
the designation of an area as a | 15 |
| redevelopment project area previously
established under the | 16 |
| Tax Increment Allocation Development Act in the Illinois
| 17 |
| Municipal Code, previously established under the Industrial | 18 |
| Jobs Recovery Law
in the Illinois Municipal Code, or previously | 19 |
| established under the Economic
Development Area Tax Increment | 20 |
| Allocation Act, of each taxable lot, block,
tract, or parcel of | 21 |
| real property in the redevelopment project area over and
above | 22 |
| the initial equalized assessed value of each property in the
| 23 |
| redevelopment project area.
For the taxes which are extended | 24 |
| for the 1997 levy year, the recovered tax
increment value for a | 25 |
| non-home rule taxing district that first became subject
to this | 26 |
| Law for the 1995 levy year because a majority of its 1994 |
|
|
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LRB095 04583 BDD 24638 b |
|
| 1 |
| equalized
assessed value was in an affected county or counties | 2 |
| shall be increased if a
municipality terminated the designation | 3 |
| of an area in 1993 as a redevelopment
project area previously | 4 |
| established under the Tax Increment Allocation
Development Act | 5 |
| in the Illinois Municipal Code, previously established under
| 6 |
| the Industrial Jobs Recovery Law in the Illinois Municipal | 7 |
| Code, or previously
established under the Economic Development | 8 |
| Area Tax Increment Allocation Act,
by an amount equal to the | 9 |
| 1994 equalized assessed value of each taxable lot,
block, | 10 |
| tract, or parcel of real property in the redevelopment project | 11 |
| area over
and above the initial equalized assessed value of | 12 |
| each property in the
redevelopment project area.
In the first | 13 |
| year after a municipality
removes a taxable lot, block, tract, | 14 |
| or parcel of real property from a
redevelopment project area | 15 |
| established under the Tax Increment Allocation
Development Act | 16 |
| in the Illinois
Municipal Code, the Industrial Jobs Recovery | 17 |
| Law
in the Illinois Municipal Code, or the Economic
Development | 18 |
| Area Tax Increment Allocation Act, "recovered tax increment | 19 |
| value"
means the amount of the current year's equalized | 20 |
| assessed value of each taxable
lot, block, tract, or parcel of | 21 |
| real property removed from the redevelopment
project area over | 22 |
| and above the initial equalized assessed value of that real
| 23 |
| property before removal from the redevelopment project area.
| 24 |
| Except as otherwise provided in this Section, "limiting | 25 |
| rate" means a
fraction the numerator of which is the last
| 26 |
| preceding aggregate extension base times an amount equal to one |
|
|
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HB0424 |
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LRB095 04583 BDD 24638 b |
|
| 1 |
| plus the
extension limitation defined in this Section and the | 2 |
| denominator of which
is the current year's equalized assessed | 3 |
| value of all real property in the
territory under the | 4 |
| jurisdiction of the taxing district during the prior
levy year. | 5 |
| For those taxing districts that reduced their aggregate
| 6 |
| extension for the last preceding levy year, the highest | 7 |
| aggregate extension
in any of the last 3 preceding levy years | 8 |
| shall be used for the purpose of
computing the limiting rate. | 9 |
| The denominator shall not include new
property or the recovered | 10 |
| tax increment
value.
If a new rate, a rate decrease, or a | 11 |
| limiting rate increase has been approved at an election held | 12 |
| after March 21, 2006, then (i) the otherwise applicable | 13 |
| limiting rate shall be increased by the amount of the new rate | 14 |
| or shall be reduced by the amount of the rate decrease, as the | 15 |
| case may be, or (ii) in the case of a limiting rate increase, | 16 |
| the limiting rate shall be equal to the rate set forth
in the | 17 |
| proposition approved by the voters for each of the years | 18 |
| specified in the proposition, after
which the limiting rate of | 19 |
| the taxing district shall be calculated as otherwise provided.
| 20 |
| (Source: P.A. 93-601, eff. 1-1-04; 93-606, eff. 11-18-03; | 21 |
| 93-612, eff. 11-18-03; 93-689, eff. 7-1-04; 93-690, eff. | 22 |
| 7-1-04; 93-1049, eff. 11-17-04; 94-974, eff. 6-30-06; 94-976, | 23 |
| eff. 6-30-06; 94-1078, eff. 1-9-07; revised 1-11-07.)
| 24 |
| Section 10. The School Code is amended by adding Sections | 25 |
| 2-3.29 and 17-9.03 and changing Section 3-15.1 as follows: |
|
|
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LRB095 04583 BDD 24638 b |
|
| 1 |
| (105 ILCS 5/2-3.29 new)
| 2 |
| Sec. 2-3.29. Mandate shortfall audit. To require to be | 3 |
| included in the annual financial statement of each school | 4 |
| district having a population of less than 500,000 inhabitants, | 5 |
| under Section 3-15.1 of this Code, a report showing the | 6 |
| receipts and disbursements for special educational purposes | 7 |
| and for transportation purposes, including the balance of those | 8 |
| funds. Each statement must show an amount for each fund | 9 |
| reflecting the extent to which disbursements for that purpose | 10 |
| exceeded receipts for that purpose, those receipts excluding | 11 |
| any transfers from other school district funds and revenues | 12 |
| raised from any taxes levied pursuant to Section 17-9.03 of | 13 |
| this Code. Such amount in either fund shall be considered a | 14 |
| mandate shortfall for the audited year and shall be the basis | 15 |
| for a mandate shortfall relief levy in the next occurring | 16 |
| school district levy, subject to Section 17-9.03 of this Code. | 17 |
| The State Board of Education may adopt any rules necessary and | 18 |
| consistent with this Section to implement the provisions of | 19 |
| this Section.
| 20 |
| (105 ILCS 5/3-15.1) (from Ch. 122, par. 3-15.1)
| 21 |
| Sec. 3-15.1. Reports. To require the appointed school | 22 |
| treasurer in Class
II counties, in each school district which | 23 |
| forms a part of a Class II
county school unit but which is not | 24 |
| subject to the jurisdiction of the
trustees of schools of any |
|
|
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LRB095 04583 BDD 24638 b |
|
| 1 |
| township in which such district is located, and
in each school | 2 |
| district of the Class I counties to prepare and forward to
his | 3 |
| office on or before October 15, annually, and at such other | 4 |
| times as
may be required by him or by the State Board of | 5 |
| Education a statement
exhibiting the financial condition of the | 6 |
| school for the preceding year
commencing on July 1 and ending | 7 |
| June 30.
| 8 |
| In Class I county school units, and in each school district | 9 |
| which forms
a part of a Class II county school unit but which | 10 |
| is not subject to the
jurisdiction of the trustees of schools | 11 |
| of any township in
which such school district is located, the | 12 |
| statement shall in the case of
districts on the accrual basis | 13 |
| show the assets, liabilities and fund
balance of the funds as | 14 |
| of the end of the fiscal year. The statement
shall show the | 15 |
| operation of the funds for the fiscal year with a
| 16 |
| reconciliation and analysis of changes in the funds at the end | 17 |
| of the
period. For districts on a cash basis the statement | 18 |
| shall show the
receipts and disbursements by funds including | 19 |
| the source of receipts and
purpose for which the disbursements | 20 |
| were made together with the balance
at the end of the fiscal | 21 |
| year. Each school district that is the
administrator of a joint | 22 |
| agreement shall cause an Annual Financial
Statement to be | 23 |
| submitted on forms prescribed by the State Board of
Education | 24 |
| exhibiting the financial condition of the program established
| 25 |
| pursuant to the joint agreement, for the fiscal year ending on | 26 |
| the
immediately preceding June 30.
|
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LRB095 04583 BDD 24638 b |
|
| 1 |
| The regional superintendent shall send all required | 2 |
| reports to the
State Board of Education on or before November | 3 |
| 15, annually.
| 4 |
| For all districts the statements shall show bonded debt, | 5 |
| tax
warrants, taxes received and receivable by funds and such | 6 |
| other
information as may be required by the State Board of | 7 |
| Education.
The statements shall also show special education | 8 |
| mandate and transportation mandate shortfalls and other | 9 |
| information required under Section 2-3.29 of this Code. Any
| 10 |
| district from which such report is not so received when
| 11 |
| required shall have its portion of the distributive fund | 12 |
| withheld for
the next ensuing year until such report is filed.
| 13 |
| If a district is divided by a county line or lines the | 14 |
| foregoing
required statement shall be forwarded to the regional | 15 |
| superintendent of
schools having supervision and control of the | 16 |
| district.
| 17 |
| (Source: P.A. 86-1441; 87-473.)
| 18 |
| (105 ILCS 5/17-9.03 new)
| 19 |
| Sec. 17-9.03. Mandate shortfall relief levy. | 20 |
| (a) The school board of any district having a population of | 21 |
| less than 500,000 inhabitants may, by proper resolution,
levy | 22 |
| an annual tax, to be known as the mandate shortfall relief levy | 23 |
| for special education mandates, upon the value of the taxable | 24 |
| property within the district's territory, as equalized or | 25 |
| assessed by the Department of Revenue, at a rate that will |
|
|
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LRB095 04583 BDD 24638 b |
|
| 1 |
| produce a sum sufficient to offset the mandate shortfall for | 2 |
| the most recently audited year for special education mandates, | 3 |
| as determined pursuant to Section 2-3.29 of this Code and | 4 |
| reported in the district's annual financial report. The revenue | 5 |
| raised by this tax shall be used only for the same special | 6 |
| education purposes for which revenues raised by the tax | 7 |
| authorized under Section 17-2.2a of this Code may be used. | 8 |
| (b) The school board of any district having a population of | 9 |
| less than 500,000 inhabitants may, by proper resolution, levy | 10 |
| an annual tax to be known as the mandate shortfall relief levy | 11 |
| for transportation mandates, upon the value of the taxable | 12 |
| property within the district's territory, as equalized or | 13 |
| assessed by the Department of Revenue, at a rate that will | 14 |
| produce a sum sufficient to offset the mandate shortfall for | 15 |
| the most recently audited year for transportation mandates, as | 16 |
| determined pursuant to Section
2-3.29 of this Code and reported | 17 |
| in the district's annual financial report. The revenue raised | 18 |
| by the tax shall be used only for the same transportation | 19 |
| purposes for which revenues raised by the transportation tax | 20 |
| authorized under subdivision (5) of Section 17-2 of this Code | 21 |
| may be used.
| 22 |
| Section 99. Effective date. This Act takes effect upon | 23 |
| becoming law.
|
|