Full Text of HB6335 96th General Assembly
HB6335ham001 96TH GENERAL ASSEMBLY
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Rep. Linda Chapa LaVia
Filed: 3/11/2010
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LRB096 20995 HLH 38032 a |
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| AMENDMENT TO HOUSE BILL 6335
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| AMENDMENT NO. ______. Amend House Bill 6335 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Property Tax Code is amended by changing | 5 |
| Section 18-185 as follows: | 6 |
| (35 ILCS 200/18-185) | 7 |
| Sec. 18-185. Short title; definitions. This Division 5 may | 8 |
| be cited as the
Property Tax Extension Limitation Law. As used | 9 |
| in this Division 5:
| 10 |
| "Consumer Price Index" means the Consumer Price Index for | 11 |
| All Urban
Consumers for all items published by the United | 12 |
| States Department of Labor.
| 13 |
| "Extension limitation" means (a) the lesser of 5% or the | 14 |
| percentage increase
in the Consumer Price Index during the | 15 |
| 12-month calendar year preceding the
levy year or (b) the rate | 16 |
| of increase approved by voters under Section 18-205.
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| "Affected county" means a county of 3,000,000 or more | 2 |
| inhabitants or a
county contiguous to a county of 3,000,000 or | 3 |
| more inhabitants.
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| "Taxing district" has the same meaning provided in Section | 5 |
| 1-150, except as
otherwise provided in this Section. For the | 6 |
| 1991 through 1994 levy years only,
"taxing district" includes | 7 |
| only each non-home rule taxing district having the
majority of | 8 |
| its
1990 equalized assessed value within any county or counties | 9 |
| contiguous to a
county with 3,000,000 or more inhabitants. | 10 |
| Beginning with the 1995 levy
year, "taxing district" includes | 11 |
| only each non-home rule taxing district
subject to this Law | 12 |
| before the 1995 levy year and each non-home rule
taxing | 13 |
| district not subject to this Law before the 1995 levy year | 14 |
| having the
majority of its 1994 equalized assessed value in an | 15 |
| affected county or
counties. Beginning with the levy year in
| 16 |
| which this Law becomes applicable to a taxing district as
| 17 |
| provided in Section 18-213, "taxing district" also includes | 18 |
| those taxing
districts made subject to this Law as provided in | 19 |
| Section 18-213.
| 20 |
| "Aggregate extension" for taxing districts to which this | 21 |
| Law applied before
the 1995 levy year means the annual | 22 |
| corporate extension for the taxing
district and those special | 23 |
| purpose extensions that are made annually for
the taxing | 24 |
| district, excluding special purpose extensions: (a) made for | 25 |
| the
taxing district to pay interest or principal on general | 26 |
| obligation bonds
that were approved by referendum; (b) made for |
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| any taxing district to pay
interest or principal on general | 2 |
| obligation bonds issued before October 1,
1991; (c) made for | 3 |
| any taxing district to pay interest or principal on bonds
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| issued to refund or continue to refund those bonds issued | 5 |
| before October 1,
1991; (d)
made for any taxing district to pay | 6 |
| interest or principal on bonds
issued to refund or continue to | 7 |
| refund bonds issued after October 1, 1991 that
were approved by | 8 |
| referendum; (e)
made for any taxing district to pay interest
or | 9 |
| principal on revenue bonds issued before October 1, 1991 for | 10 |
| payment of
which a property tax levy or the full faith and | 11 |
| credit of the unit of local
government is pledged; however, a | 12 |
| tax for the payment of interest or principal
on those bonds | 13 |
| shall be made only after the governing body of the unit of | 14 |
| local
government finds that all other sources for payment are | 15 |
| insufficient to make
those payments; (f) made for payments | 16 |
| under a building commission lease when
the lease payments are | 17 |
| for the retirement of bonds issued by the commission
before | 18 |
| October 1, 1991, to pay for the building project; (g) made for | 19 |
| payments
due under installment contracts entered into before | 20 |
| October 1, 1991;
(h) made for payments of principal and | 21 |
| interest on bonds issued under the
Metropolitan Water | 22 |
| Reclamation District Act to finance construction projects
| 23 |
| initiated before October 1, 1991; (i) made for payments of | 24 |
| principal and
interest on limited bonds, as defined in Section | 25 |
| 3 of the Local Government Debt
Reform Act, in an amount not to | 26 |
| exceed the debt service extension base less
the amount in items |
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| (b), (c), (e), and (h) of this definition for
non-referendum | 2 |
| obligations, except obligations initially issued pursuant to
| 3 |
| referendum; (j) made for payments of principal and interest on | 4 |
| bonds
issued under Section 15 of the Local Government Debt | 5 |
| Reform Act; (k)
made
by a school district that participates in | 6 |
| the Special Education District of
Lake County, created by | 7 |
| special education joint agreement under Section
10-22.31 of the | 8 |
| School Code, for payment of the school district's share of the
| 9 |
| amounts required to be contributed by the Special Education | 10 |
| District of Lake
County to the Illinois Municipal Retirement | 11 |
| Fund under Article 7 of the
Illinois Pension Code; the amount | 12 |
| of any extension under this item (k) shall be
certified by the | 13 |
| school district to the county clerk; (l) made to fund
expenses | 14 |
| of providing joint recreational programs for the handicapped | 15 |
| under
Section 5-8 of
the
Park District Code or Section 11-95-14 | 16 |
| of the Illinois Municipal Code; (m) made for temporary | 17 |
| relocation loan repayment purposes pursuant to Sections 2-3.77 | 18 |
| and 17-2.2d of the School Code; (n) made for payment of | 19 |
| principal and interest on any bonds issued under the authority | 20 |
| of Section 17-2.2d of the School Code; and (o) made for | 21 |
| contributions to a firefighter's pension fund created under | 22 |
| Article 4 of the Illinois Pension Code, to the extent of the | 23 |
| amount certified under item (5) of Section 4-134 of the | 24 |
| Illinois Pension Code ; and (p) made by a school district for | 25 |
| educational purposes under subsection (b) of Section 17-2 of | 26 |
| the School Code .
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| "Aggregate extension" for the taxing districts to which | 2 |
| this Law did not
apply before the 1995 levy year (except taxing | 3 |
| districts subject to this Law
in
accordance with Section | 4 |
| 18-213) means the annual corporate extension for the
taxing | 5 |
| district and those special purpose extensions that are made | 6 |
| annually for
the taxing district, excluding special purpose | 7 |
| extensions: (a) made for the
taxing district to pay interest or | 8 |
| principal on general obligation bonds that
were approved by | 9 |
| referendum; (b) made for any taxing district to pay interest
or | 10 |
| principal on general obligation bonds issued before March 1, | 11 |
| 1995; (c) made
for any taxing district to pay interest or | 12 |
| principal on bonds issued to refund
or continue to refund those | 13 |
| bonds issued before March 1, 1995; (d) made for any
taxing | 14 |
| district to pay interest or principal on bonds issued to refund | 15 |
| or
continue to refund bonds issued after March 1, 1995 that | 16 |
| were approved by
referendum; (e) made for any taxing district | 17 |
| to pay interest or principal on
revenue bonds issued before | 18 |
| March 1, 1995 for payment of which a property tax
levy or the | 19 |
| full faith and credit of the unit of local government is | 20 |
| pledged;
however, a tax for the payment of interest or | 21 |
| principal on those bonds shall be
made only after the governing | 22 |
| body of the unit of local government finds that
all other | 23 |
| sources for payment are insufficient to make those payments; | 24 |
| (f) made
for payments under a building commission lease when | 25 |
| the lease payments are for
the retirement of bonds issued by | 26 |
| the commission before March 1, 1995 to
pay for the building |
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| project; (g) made for payments due under installment
contracts | 2 |
| entered into before March 1, 1995; (h) made for payments of
| 3 |
| principal and interest on bonds issued under the Metropolitan | 4 |
| Water Reclamation
District Act to finance construction | 5 |
| projects initiated before October 1,
1991; (h-4) made for | 6 |
| stormwater management purposes by the Metropolitan Water | 7 |
| Reclamation District of Greater Chicago under Section 12 of the | 8 |
| Metropolitan Water Reclamation District Act; (i) made for | 9 |
| payments of principal and interest on limited bonds,
as defined | 10 |
| in Section 3 of the Local Government Debt Reform Act, in an | 11 |
| amount
not to exceed the debt service extension base less the | 12 |
| amount in items (b),
(c), and (e) of this definition for | 13 |
| non-referendum obligations, except
obligations initially | 14 |
| issued pursuant to referendum and bonds described in
subsection | 15 |
| (h) of this definition; (j) made for payments of
principal and | 16 |
| interest on bonds issued under Section 15 of the Local | 17 |
| Government
Debt Reform Act; (k) made for payments of principal | 18 |
| and interest on bonds
authorized by Public Act 88-503 and | 19 |
| issued under Section 20a of the Chicago
Park District Act for | 20 |
| aquarium or
museum projects; (l) made for payments of principal | 21 |
| and interest on
bonds
authorized by Public Act 87-1191 or | 22 |
| 93-601 and (i) issued pursuant to Section 21.2 of the Cook | 23 |
| County Forest
Preserve District Act, (ii) issued under Section | 24 |
| 42 of the Cook County
Forest Preserve District Act for | 25 |
| zoological park projects, or (iii) issued
under Section 44.1 of | 26 |
| the Cook County Forest Preserve District Act for
botanical |
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| gardens projects; (m) made
pursuant
to Section 34-53.5 of the | 2 |
| School Code, whether levied annually or not;
(n) made to fund | 3 |
| expenses of providing joint recreational programs for the
| 4 |
| handicapped under Section 5-8 of the Park
District Code or | 5 |
| Section 11-95-14 of the Illinois Municipal Code;
(o) made by | 6 |
| the
Chicago Park
District for recreational programs for the | 7 |
| handicapped under subsection (c) of
Section
7.06 of the Chicago | 8 |
| Park District Act; (p) made for contributions to a | 9 |
| firefighter's pension fund created under Article 4 of the | 10 |
| Illinois Pension Code, to the extent of the amount certified | 11 |
| under item (5) of Section 4-134 of the Illinois Pension Code; | 12 |
| and (q) made by Ford Heights School District 169 under Section | 13 |
| 17-9.02 of the School Code ; and (r) made by a school district | 14 |
| for educational purposes under subsection (b) of Section 17-2 | 15 |
| of the School Code .
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| "Aggregate extension" for all taxing districts to which | 17 |
| this Law applies in
accordance with Section 18-213, except for | 18 |
| those taxing districts subject to
paragraph (2) of subsection | 19 |
| (e) of Section 18-213, means the annual corporate
extension for | 20 |
| the
taxing district and those special purpose extensions that | 21 |
| are made annually for
the taxing district, excluding special | 22 |
| purpose extensions: (a) made for the
taxing district to pay | 23 |
| interest or principal on general obligation bonds that
were | 24 |
| approved by referendum; (b) made for any taxing district to pay | 25 |
| interest
or principal on general obligation bonds issued before | 26 |
| the date on which the
referendum making this
Law applicable to |
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| the taxing district is held; (c) made
for any taxing district | 2 |
| to pay interest or principal on bonds issued to refund
or | 3 |
| continue to refund those bonds issued before the date on which | 4 |
| the
referendum making this Law
applicable to the taxing | 5 |
| district is held;
(d) made for any
taxing district to pay | 6 |
| interest or principal on bonds issued to refund or
continue to | 7 |
| refund bonds issued after the date on which the referendum | 8 |
| making
this Law
applicable to the taxing district is held if | 9 |
| the bonds were approved by
referendum after the date on which | 10 |
| the referendum making this Law
applicable to the taxing | 11 |
| district is held; (e) made for any
taxing district to pay | 12 |
| interest or principal on
revenue bonds issued before the date | 13 |
| on which the referendum making this Law
applicable to the
| 14 |
| taxing district is held for payment of which a property tax
| 15 |
| levy or the full faith and credit of the unit of local | 16 |
| government is pledged;
however, a tax for the payment of | 17 |
| interest or principal on those bonds shall be
made only after | 18 |
| the governing body of the unit of local government finds that
| 19 |
| all other sources for payment are insufficient to make those | 20 |
| payments; (f) made
for payments under a building commission | 21 |
| lease when the lease payments are for
the retirement of bonds | 22 |
| issued by the commission before the date on which the
| 23 |
| referendum making this
Law applicable to the taxing district is | 24 |
| held to
pay for the building project; (g) made for payments due | 25 |
| under installment
contracts entered into before the date on | 26 |
| which the referendum making this Law
applicable to
the taxing |
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| district is held;
(h) made for payments
of principal and | 2 |
| interest on limited bonds,
as defined in Section 3 of the Local | 3 |
| Government Debt Reform Act, in an amount
not to exceed the debt | 4 |
| service extension base less the amount in items (b),
(c), and | 5 |
| (e) of this definition for non-referendum obligations, except
| 6 |
| obligations initially issued pursuant to referendum; (i) made | 7 |
| for payments
of
principal and interest on bonds issued under | 8 |
| Section 15 of the Local Government
Debt Reform Act;
(j)
made | 9 |
| for a qualified airport authority to pay interest or principal | 10 |
| on
general obligation bonds issued for the purpose of paying | 11 |
| obligations due
under, or financing airport facilities | 12 |
| required to be acquired, constructed,
installed or equipped | 13 |
| pursuant to, contracts entered into before March
1, 1996 (but | 14 |
| not including any amendments to such a contract taking effect | 15 |
| on
or after that date); (k) made to fund expenses of providing | 16 |
| joint
recreational programs for the handicapped under Section | 17 |
| 5-8 of
the
Park District Code or Section 11-95-14 of the | 18 |
| Illinois Municipal Code; (l) made for contributions to a | 19 |
| firefighter's pension fund created under Article 4 of the | 20 |
| Illinois Pension Code, to the extent of the amount certified | 21 |
| under item (5) of Section 4-134 of the Illinois Pension Code; | 22 |
| and (m) made for the taxing district to pay interest or | 23 |
| principal on general obligation bonds issued pursuant to | 24 |
| Section 19-3.10 of the School Code ; and (n) made by a school | 25 |
| district for educational purposes under subsection (b) of | 26 |
| Section 17-2 of the School Code .
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| "Aggregate extension" for all taxing districts to which | 2 |
| this Law applies in
accordance with paragraph (2) of subsection | 3 |
| (e) of Section 18-213 means the
annual corporate extension for | 4 |
| the
taxing district and those special purpose extensions that | 5 |
| are made annually for
the taxing district, excluding special | 6 |
| purpose extensions: (a) made for the
taxing district to pay | 7 |
| interest or principal on general obligation bonds that
were | 8 |
| approved by referendum; (b) made for any taxing district to pay | 9 |
| interest
or principal on general obligation bonds issued before | 10 |
| the effective date of
this amendatory Act of 1997;
(c) made
for | 11 |
| any taxing district to pay interest or principal on bonds | 12 |
| issued to refund
or continue to refund those bonds issued | 13 |
| before the effective date
of this amendatory Act of 1997;
(d) | 14 |
| made for any
taxing district to pay interest or principal on | 15 |
| bonds issued to refund or
continue to refund bonds issued after | 16 |
| the effective date of this amendatory Act
of 1997 if the bonds | 17 |
| were approved by referendum after the effective date of
this | 18 |
| amendatory Act of 1997;
(e) made for any
taxing district to pay | 19 |
| interest or principal on
revenue bonds issued before the | 20 |
| effective date of this amendatory Act of 1997
for payment of | 21 |
| which a property tax
levy or the full faith and credit of the | 22 |
| unit of local government is pledged;
however, a tax for the | 23 |
| payment of interest or principal on those bonds shall be
made | 24 |
| only after the governing body of the unit of local government | 25 |
| finds that
all other sources for payment are insufficient to | 26 |
| make those payments; (f) made
for payments under a building |
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| commission lease when the lease payments are for
the retirement | 2 |
| of bonds issued by the commission before the effective date
of | 3 |
| this amendatory Act of 1997
to
pay for the building project; | 4 |
| (g) made for payments due under installment
contracts entered | 5 |
| into before the effective date of this amendatory Act of
1997;
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| (h) made for payments
of principal and interest on limited | 7 |
| bonds,
as defined in Section 3 of the Local Government Debt | 8 |
| Reform Act, in an amount
not to exceed the debt service | 9 |
| extension base less the amount in items (b),
(c), and (e) of | 10 |
| this definition for non-referendum obligations, except
| 11 |
| obligations initially issued pursuant to referendum; (i) made | 12 |
| for payments
of
principal and interest on bonds issued under | 13 |
| Section 15 of the Local Government
Debt Reform Act;
(j)
made | 14 |
| for a qualified airport authority to pay interest or principal | 15 |
| on
general obligation bonds issued for the purpose of paying | 16 |
| obligations due
under, or financing airport facilities | 17 |
| required to be acquired, constructed,
installed or equipped | 18 |
| pursuant to, contracts entered into before March
1, 1996 (but | 19 |
| not including any amendments to such a contract taking effect | 20 |
| on
or after that date); (k) made to fund expenses of providing | 21 |
| joint
recreational programs for the handicapped under Section | 22 |
| 5-8 of
the
Park District Code or Section 11-95-14 of the | 23 |
| Illinois Municipal Code; and (l) made for contributions to a | 24 |
| firefighter's pension fund created under Article 4 of the | 25 |
| Illinois Pension Code, to the extent of the amount certified | 26 |
| under item (5) of Section 4-134 of the Illinois Pension Code ; |
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| and (m) made by a school district for educational purposes | 2 |
| under subsection (b) of Section 17-2 of the School Code .
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| "Debt service extension base" means an amount equal to that | 4 |
| portion of the
extension for a taxing district for the 1994 | 5 |
| levy year, or for those taxing
districts subject to this Law in | 6 |
| accordance with Section 18-213, except for
those subject to | 7 |
| paragraph (2) of subsection (e) of Section 18-213, for the
levy
| 8 |
| year in which the referendum making this Law applicable to the | 9 |
| taxing district
is held, or for those taxing districts subject | 10 |
| to this Law in accordance with
paragraph (2) of subsection (e) | 11 |
| of Section 18-213 for the 1996 levy year,
constituting an
| 12 |
| extension for payment of principal and interest on bonds issued | 13 |
| by the taxing
district without referendum, increased each year, | 14 |
| commencing with the 2009 levy year, by the lesser of 5% or the | 15 |
| percentage increase in the Consumer Price Index during the | 16 |
| 12-month calendar year preceding the levy year, but not | 17 |
| including excluded non-referendum bonds. For park districts | 18 |
| (i) that were first
subject to this Law in 1991 or 1995 and | 19 |
| (ii) whose extension for the 1994 levy
year for the payment of | 20 |
| principal and interest on bonds issued by the park
district | 21 |
| without referendum (but not including excluded non-referendum | 22 |
| bonds)
was less than 51% of the amount for the 1991 levy year | 23 |
| constituting an
extension for payment of principal and interest | 24 |
| on bonds issued by the park
district without referendum (but | 25 |
| not including excluded non-referendum bonds),
"debt service | 26 |
| extension base" means an amount equal to that portion of the
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| extension for the 1991 levy year constituting an extension for | 2 |
| payment of
principal and interest on bonds issued by the park | 3 |
| district without referendum
(but not including excluded | 4 |
| non-referendum bonds). The debt service extension
base may be | 5 |
| established or increased as provided under Section 18-212.
| 6 |
| "Excluded non-referendum bonds" means (i) bonds authorized by | 7 |
| Public
Act 88-503 and issued under Section 20a of the Chicago | 8 |
| Park District Act for
aquarium and museum projects; (ii) bonds | 9 |
| issued under Section 15 of the
Local Government Debt Reform | 10 |
| Act; or (iii) refunding obligations issued
to refund or to | 11 |
| continue to refund obligations initially issued pursuant to
| 12 |
| referendum.
| 13 |
| "Special purpose extensions" include, but are not limited | 14 |
| to, extensions
for levies made on an annual basis for | 15 |
| unemployment and workers'
compensation, self-insurance, | 16 |
| contributions to pension plans, and extensions
made pursuant to | 17 |
| Section 6-601 of the Illinois Highway Code for a road
| 18 |
| district's permanent road fund whether levied annually or not. | 19 |
| The
extension for a special service area is not included in the
| 20 |
| aggregate extension.
| 21 |
| "Aggregate extension base" means the taxing district's | 22 |
| last preceding
aggregate extension as adjusted under Sections | 23 |
| 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 | 24 |
| shall be made for the 2007 levy year and all subsequent levy | 25 |
| years whenever one or more counties within which a taxing | 26 |
| district is located (i) used estimated valuations or rates when |
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| extending taxes in the taxing district for the last preceding | 2 |
| levy year that resulted in the over or under extension of | 3 |
| taxes, or (ii) increased or decreased the tax extension for the | 4 |
| last preceding levy year as required by Section 18-135(c). | 5 |
| Whenever an adjustment is required under Section 18-135, the | 6 |
| aggregate extension base of the taxing district shall be equal | 7 |
| to the amount that the aggregate extension of the taxing | 8 |
| district would have been for the last preceding levy year if | 9 |
| either or both (i) actual, rather than estimated, valuations or | 10 |
| rates had been used to calculate the extension of taxes for the | 11 |
| last levy year, or (ii) the tax extension for the last | 12 |
| preceding levy year had not been adjusted as required by | 13 |
| subsection (c) of Section 18-135. | 14 |
| "Levy year" has the same meaning as "year" under Section
| 15 |
| 1-155.
| 16 |
| "New property" means (i) the assessed value, after final | 17 |
| board of review or
board of appeals action, of new improvements | 18 |
| or additions to existing
improvements on any parcel of real | 19 |
| property that increase the assessed value of
that real property | 20 |
| during the levy year multiplied by the equalization factor
| 21 |
| issued by the Department under Section 17-30, (ii) the assessed | 22 |
| value, after
final board of review or board of appeals action, | 23 |
| of real property not exempt
from real estate taxation, which | 24 |
| real property was exempt from real estate
taxation for any | 25 |
| portion of the immediately preceding levy year, multiplied by
| 26 |
| the equalization factor issued by the Department under Section |
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| 17-30, including the assessed value, upon final stabilization | 2 |
| of occupancy after new construction is complete, of any real | 3 |
| property located within the boundaries of an otherwise or | 4 |
| previously exempt military reservation that is intended for | 5 |
| residential use and owned by or leased to a private corporation | 6 |
| or other entity, and
(iii) in counties that classify in | 7 |
| accordance with Section 4 of Article
IX of the
Illinois | 8 |
| Constitution, an incentive property's additional assessed | 9 |
| value
resulting from a
scheduled increase in the level of | 10 |
| assessment as applied to the first year
final board of
review | 11 |
| market value.
In addition, the county clerk in a county | 12 |
| containing a population of
3,000,000 or more shall include in | 13 |
| the 1997
recovered tax increment value for any school district, | 14 |
| any recovered tax
increment value that was applicable to the | 15 |
| 1995 tax year calculations.
| 16 |
| "Qualified airport authority" means an airport authority | 17 |
| organized under
the Airport Authorities Act and located in a | 18 |
| county bordering on the State of
Wisconsin and having a | 19 |
| population in excess of 200,000 and not greater than
500,000.
| 20 |
| "Recovered tax increment value" means, except as otherwise | 21 |
| provided in this
paragraph, the amount of the current year's | 22 |
| equalized assessed value, in the
first year after a | 23 |
| municipality terminates
the designation of an area as a | 24 |
| redevelopment project area previously
established under the | 25 |
| Tax Increment Allocation Development Act in the Illinois
| 26 |
| Municipal Code, previously established under the Industrial |
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| Jobs Recovery Law
in the Illinois Municipal Code, previously | 2 |
| established under the Economic Development Project Area Tax | 3 |
| Increment Act of 1995, or previously established under the | 4 |
| Economic
Development Area Tax Increment Allocation Act, of each | 5 |
| taxable lot, block,
tract, or parcel of real property in the | 6 |
| redevelopment project area over and
above the initial equalized | 7 |
| assessed value of each property in the
redevelopment project | 8 |
| area.
For the taxes which are extended for the 1997 levy year, | 9 |
| the recovered tax
increment value for a non-home rule taxing | 10 |
| district that first became subject
to this Law for the 1995 | 11 |
| levy year because a majority of its 1994 equalized
assessed | 12 |
| value was in an affected county or counties shall be increased | 13 |
| if a
municipality terminated the designation of an area in 1993 | 14 |
| as a redevelopment
project area previously established under | 15 |
| the Tax Increment Allocation
Development Act in the Illinois | 16 |
| Municipal Code, previously established under
the Industrial | 17 |
| Jobs Recovery Law in the Illinois Municipal Code, or previously
| 18 |
| established under the Economic Development Area Tax Increment | 19 |
| Allocation Act,
by an amount equal to the 1994 equalized | 20 |
| assessed value 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.
In the first year after a | 24 |
| municipality
removes a taxable lot, block, tract, or parcel of | 25 |
| real property from a
redevelopment project area established | 26 |
| under the Tax Increment Allocation
Development Act in the |
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| Illinois
Municipal Code, the Industrial Jobs Recovery Law
in | 2 |
| the Illinois Municipal Code, or the Economic
Development Area | 3 |
| Tax Increment Allocation Act, "recovered tax increment value"
| 4 |
| means the amount of the current year's equalized assessed value | 5 |
| of each taxable
lot, block, tract, or parcel of real property | 6 |
| removed from the redevelopment
project area over and above the | 7 |
| initial equalized assessed value of that real
property before | 8 |
| removal from the redevelopment project area.
| 9 |
| Except as otherwise provided in this Section, "limiting | 10 |
| rate" means a
fraction the numerator of which is the last
| 11 |
| preceding aggregate extension base times an amount equal to one | 12 |
| plus the
extension limitation defined in this Section and the | 13 |
| denominator of which
is the current year's equalized assessed | 14 |
| value of all real property in the
territory under the | 15 |
| jurisdiction of the taxing district during the prior
levy year. | 16 |
| For those taxing districts that reduced their aggregate
| 17 |
| extension for the last preceding levy year, the highest | 18 |
| aggregate extension
in any of the last 3 preceding levy years | 19 |
| shall be used for the purpose of
computing the limiting rate. | 20 |
| The denominator shall not include new
property or the recovered | 21 |
| tax increment
value.
If a new rate, a rate decrease, or a | 22 |
| limiting rate increase has been approved at an election held | 23 |
| after March 21, 2006, then (i) the otherwise applicable | 24 |
| limiting rate shall be increased by the amount of the new rate | 25 |
| or shall be reduced by the amount of the rate decrease, as the | 26 |
| case may be, or (ii) in the case of a limiting rate increase, |
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| the limiting rate shall be equal to the rate set forth
in the | 2 |
| proposition approved by the voters for each of the years | 3 |
| specified in the proposition, after
which the limiting rate of | 4 |
| the taxing district shall be calculated as otherwise provided.
| 5 |
| (Source: P.A. 95-90, eff. 1-1-08; 95-331, eff. 8-21-07; 95-404, | 6 |
| eff. 1-1-08; 95-876, eff. 8-21-08; 96-501, eff. 8-14-09; | 7 |
| 96-517, eff. 8-14-09; revised 9-15-09.) | 8 |
| Section 10. The School Code is amended by changing Sections | 9 |
| 17-2 as follows: | 10 |
| (105 ILCS 5/17-2) (from Ch. 122, par. 17-2) | 11 |
| Sec. 17-2. Tax levies; purposes; rates. | 12 |
| (a) Except as otherwise provided in
Articles 12 and 13 of | 13 |
| this Act, the following maximum rates shall apply to all
taxes | 14 |
| levied after August 10, 1965, in districts having a population | 15 |
| of less
than 500,000 inhabitants, including those districts | 16 |
| organized under Article 11
of the School Code. The school board | 17 |
| of any district having a population of
less than 500,000 | 18 |
| inhabitants may levy a tax annually, at not to exceed the
| 19 |
| maximum rates and for the specified purposes, upon all the | 20 |
| taxable property of
the district at the value, as equalized or | 21 |
| assessed by the Department of
Revenue as follows: | 22 |
| (1) districts maintaining only grades 1 through 8, .92% | 23 |
| for educational
purposes and .25% for operations and | 24 |
| maintenance purposes; |
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| (2) districts maintaining only grades 9 through 12, | 2 |
| .92% for
educational purposes and .25% for operations and | 3 |
| maintenance purposes; | 4 |
| (3) districts maintaining grades 1 through 12, 1.63% | 5 |
| for the 1985-86
school year, 1.68% for the 1986-87 school | 6 |
| year, 1.75% for the 1987-88
school year and 1.84% for the | 7 |
| 1988-89 school year and thereafter for
educational | 8 |
| purposes and .405% for the 1989-90 school year, .435% for | 9 |
| the
1990-91 school year, .465% for the 1991-92 school year, | 10 |
| and .50% for the
1992-93 school year and thereafter for | 11 |
| operations and maintenance purposes; | 12 |
| (4) all districts, 0.75% for capital improvement | 13 |
| purposes (which is in
addition to the levy for operations | 14 |
| and maintenance purposes), which tax is to
be
levied, | 15 |
| accumulated for not more than 6 years, and spent for | 16 |
| capital
improvement purposes (including but not limited to | 17 |
| the construction of a new
school building or buildings or | 18 |
| the purchase of school grounds on which any new
school | 19 |
| building is to be constructed or located, or both) only in | 20 |
| accordance
with Section 17-2.3 of this Act; | 21 |
| (5) districts maintaining only grades 1 through 8, .12% | 22 |
| for
transportation purposes, provided that districts | 23 |
| maintaining only grades
kindergarten through 8 which have | 24 |
| an enrollment of at least 2600 students
may levy, subject | 25 |
| to Section 17-2.2, at not to exceed a maximum rate of
.20% | 26 |
| for transportation purposes for any school year in which |
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| the number of
students requiring transportation in the | 2 |
| district exceeds by at least 2%
the number of students | 3 |
| requiring transportation in the district during the
| 4 |
| preceding school year, as verified in the district's claim | 5 |
| for pupil
transportation and reimbursement and as | 6 |
| certified by the State Board of
Education to the county | 7 |
| clerk of the county in which such district is
located not | 8 |
| later than November 15 following the submission of such | 9 |
| claim;
districts maintaining only grades 9 through 12, .12% | 10 |
| for transportation
purposes; and districts maintaining | 11 |
| grades 1 through 12, .14% for the
1985-86 school year, .16% | 12 |
| for the 1986-87 school year, .18% for the 1987-88
school | 13 |
| year and .20% for the 1988-89 school year and thereafter, | 14 |
| for
transportation purposes; | 15 |
| (6) districts providing summer classes, .15% for | 16 |
| educational
purposes, subject to Section 17-2.1 of this | 17 |
| Act. | 18 |
| Whenever any special charter school district operating | 19 |
| grades 1
through 12, has organized or shall organize under the | 20 |
| general school
law, the district so organized may continue to | 21 |
| levy taxes at not to
exceed the rate at which taxes were last | 22 |
| actually extended by the
special charter district, except that | 23 |
| if such rate at which taxes were
last actually extended by such | 24 |
| special charter district was less than
the maximum rate for | 25 |
| districts maintaining grades 1 through 12
authorized under this | 26 |
| Section, such special charter district
nevertheless may levy |
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| taxes at a rate not to exceed the maximum rate for
districts | 2 |
| maintaining grades 1 through 12 authorized under this Section,
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| and except that if any such district maintains only grades 1 | 4 |
| through 8,
the board may levy, for educational purposes, at a | 5 |
| rate not to exceed
the maximum rate for elementary districts | 6 |
| authorized under this Section. | 7 |
| Maximum rates before or after established in excess of | 8 |
| those
prescribed shall not be affected by the amendatory Act of | 9 |
| 1965. | 10 |
| (b) In levy years 2010 and 2011, any school district having | 11 |
| a population of less
than 500,000 inhabitants may, by | 12 |
| resolution, levy an additional tax for educational purposes not | 13 |
| to exceed 0.25% upon the equalized assessed value of all | 14 |
| taxable property within
the district if (i) the district | 15 |
| maintains fund balances or cash reserves that do not exceed 25% | 16 |
| of the district's expenditures for the fiscal year immediately | 17 |
| preceding the levy year, (ii) the district's spending rate per | 18 |
| student for the fiscal year immediately preceding the levy year | 19 |
| was at or below the State average for that fiscal year, and | 20 |
| (iii) none of the district's schools were on the academic watch | 21 |
| list under Section 2-3.25d of this Code during the 2 calendar | 22 |
| years immediately preceding the levy year. The board shall | 23 |
| present the resolution to the county clerk, who shall ascertain | 24 |
| the rate (expressed as a
percentage) that, when extended upon | 25 |
| the total valuation of all property subject to taxation
within | 26 |
| that school district,
will produce a net amount not less than |
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| the total amount directed to be
levied by the district. The | 2 |
| county clerk shall then certify the
rate and shall
extend the | 3 |
| additional tax
to be levied upon the books of the collector of | 4 |
| taxes for the county
against all taxable property in the county | 5 |
| within the limits of
the
school district. | 6 |
| (Source: P.A. 87-984; 87-1023; 88-45.)
| 7 |
| Section 99. Effective date. This Act takes effect upon | 8 |
| becoming law.".
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