Full Text of SB3544 96th General Assembly
SB3544ham001 96TH GENERAL ASSEMBLY | Revenue & Finance Committee Filed: 11/16/2010
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| 1 | | AMENDMENT TO SENATE BILL 3544
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3544 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Sections 18-185 and 18-213 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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| 1 | | "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.
| 4 | | "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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| 1 | | 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
| 4 | | 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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| 1 | | (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.
| 25 | | "Aggregate extension" for the taxing districts to which | 26 | | this Law did not
apply before the 1995 levy year (except taxing |
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| 1 | | districts subject to this Law
in
accordance with Section | 2 | | 18-213) means the annual corporate extension for the
taxing | 3 | | district and those special purpose extensions that are made | 4 | | annually for
the taxing district, excluding special purpose | 5 | | extensions: (a) made for the
taxing district to pay interest or | 6 | | principal on general obligation bonds that
were approved by | 7 | | referendum; (b) made for any taxing district to pay interest
or | 8 | | principal on general obligation bonds issued before March 1, | 9 | | 1995; (c) made
for any taxing district to pay interest or | 10 | | principal on bonds issued to refund
or continue to refund those | 11 | | bonds issued before March 1, 1995; (d) made for any
taxing | 12 | | district to pay interest or principal on bonds issued to refund | 13 | | or
continue to refund bonds issued after March 1, 1995 that | 14 | | were approved by
referendum; (e) made for any taxing district | 15 | | to pay interest or principal on
revenue bonds issued before | 16 | | March 1, 1995 for payment of which a property tax
levy or the | 17 | | full faith and credit of the unit of local government is | 18 | | pledged;
however, a tax for the payment of interest or | 19 | | principal on those bonds shall be
made only after the governing | 20 | | body of the unit of local government finds that
all other | 21 | | sources for payment are insufficient to make those payments; | 22 | | (f) made
for payments under a building commission lease when | 23 | | the lease payments are for
the retirement of bonds issued by | 24 | | the commission before March 1, 1995 to
pay for the building | 25 | | project; (g) made for payments due under installment
contracts | 26 | | entered into before March 1, 1995; (h) made for payments of
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| 1 | | principal and interest on bonds issued under the Metropolitan | 2 | | Water Reclamation
District Act to finance construction | 3 | | projects initiated before October 1,
1991; (h-4) made for | 4 | | stormwater management purposes by the Metropolitan Water | 5 | | Reclamation District of Greater Chicago under Section 12 of the | 6 | | Metropolitan Water Reclamation District Act; (i) made for | 7 | | payments of principal and interest on limited bonds,
as defined | 8 | | in Section 3 of the Local Government Debt Reform Act, in an | 9 | | amount
not to exceed the debt service extension base less the | 10 | | amount in items (b),
(c), and (e) of this definition for | 11 | | non-referendum obligations, except
obligations initially | 12 | | issued pursuant to referendum and bonds described in
subsection | 13 | | (h) of this definition; (j) made for payments of
principal and | 14 | | interest on bonds issued under Section 15 of the Local | 15 | | Government
Debt Reform Act; (k) made for payments of principal | 16 | | and interest on bonds
authorized by Public Act 88-503 and | 17 | | issued under Section 20a of the Chicago
Park District Act for | 18 | | aquarium or
museum projects; (l) made for payments of principal | 19 | | and interest on
bonds
authorized by Public Act 87-1191 or | 20 | | 93-601 and (i) issued pursuant to Section 21.2 of the Cook | 21 | | County Forest
Preserve District Act, (ii) issued under Section | 22 | | 42 of the Cook County
Forest Preserve District Act for | 23 | | zoological park projects, or (iii) issued
under Section 44.1 of | 24 | | the Cook County Forest Preserve District Act for
botanical | 25 | | gardens projects; (m) made
pursuant
to Section 34-53.5 of the | 26 | | School Code, whether levied annually or not;
(n) made to fund |
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| 1 | | expenses of providing joint recreational programs for the
| 2 | | handicapped under Section 5-8 of the Park
District Code or | 3 | | Section 11-95-14 of the Illinois Municipal Code;
(o) made by | 4 | | the
Chicago Park
District for recreational programs for the | 5 | | handicapped under subsection (c) of
Section
7.06 of the Chicago | 6 | | Park District Act; (p) made for contributions to a | 7 | | firefighter's pension fund created under Article 4 of the | 8 | | Illinois Pension Code, to the extent of the amount certified | 9 | | under item (5) of Section 4-134 of the Illinois Pension Code; | 10 | | and (q) made by Ford Heights School District 169 under Section | 11 | | 17-9.02 of the School Code.
| 12 | | "Aggregate extension" for all taxing districts to which | 13 | | this Law applies in
accordance with Section 18-213, except for | 14 | | those taxing districts subject to
paragraph (2) of subsection | 15 | | (e) of Section 18-213, means the annual corporate
extension for | 16 | | the
taxing district and those special purpose extensions that | 17 | | are made annually for
the taxing district, excluding special | 18 | | purpose extensions: (a) made for the
taxing district to pay | 19 | | interest or principal on general obligation bonds that
were | 20 | | approved by referendum; (b) made for any taxing district to pay | 21 | | interest
or principal on general obligation bonds issued before | 22 | | the date on which the
referendum making this
Law applicable to | 23 | | the taxing district is held; (c) made
for any taxing district | 24 | | to pay interest or principal on bonds issued to refund
or | 25 | | continue to refund those bonds issued before the date on which | 26 | | the
referendum making this Law
applicable to the taxing |
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| 1 | | district is held;
(d) made for any
taxing district to pay | 2 | | interest or principal on bonds issued to refund or
continue to | 3 | | refund bonds issued after the date on which the referendum | 4 | | making
this Law
applicable to the taxing district is held if | 5 | | the bonds were approved by
referendum after the date on which | 6 | | the referendum making this Law
applicable to the taxing | 7 | | district is held; (e) made for any
taxing district to pay | 8 | | interest or principal on
revenue bonds issued before the date | 9 | | on which the referendum making this Law
applicable to the
| 10 | | taxing district is held for payment of which a property tax
| 11 | | levy or the full faith and credit of the unit of local | 12 | | government is pledged;
however, a tax for the payment of | 13 | | interest or principal on those bonds shall be
made only after | 14 | | the governing body of the unit of local government finds that
| 15 | | all other sources for payment are insufficient to make those | 16 | | payments; (f) made
for payments under a building commission | 17 | | lease when the lease payments are for
the retirement of bonds | 18 | | issued by the commission before the date on which the
| 19 | | referendum making this
Law applicable to the taxing district is | 20 | | held to
pay for the building project; (g) made for payments due | 21 | | under installment
contracts entered into before the date on | 22 | | which the referendum making this Law
applicable to
the taxing | 23 | | district is held;
(h) made for payments
of principal and | 24 | | interest on limited bonds,
as defined in Section 3 of the Local | 25 | | Government Debt Reform Act, in an amount
not to exceed the debt | 26 | | service extension base less the amount in items (b),
(c), and |
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| 1 | | (e) of this definition for non-referendum obligations, except
| 2 | | obligations initially issued pursuant to referendum; (i) made | 3 | | for payments
of
principal and interest on bonds issued under | 4 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made | 5 | | for a qualified airport authority to pay interest or principal | 6 | | on
general obligation bonds issued for the purpose of paying | 7 | | obligations due
under, or financing airport facilities | 8 | | required to be acquired, constructed,
installed or equipped | 9 | | pursuant to, contracts entered into before March
1, 1996 (but | 10 | | not including any amendments to such a contract taking effect | 11 | | on
or after that date); (k) made to fund expenses of providing | 12 | | joint
recreational programs for the handicapped under Section | 13 | | 5-8 of
the
Park District Code or Section 11-95-14 of the | 14 | | Illinois Municipal Code; (l) made for contributions to a | 15 | | firefighter's pension fund created under Article 4 of the | 16 | | Illinois Pension Code, to the extent of the amount certified | 17 | | under item (5) of Section 4-134 of the Illinois Pension Code; | 18 | | and (m) made for the taxing district to pay interest or | 19 | | principal on general obligation bonds issued pursuant to | 20 | | Section 19-3.10 of the School 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 |
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| 1 | | interest or principal on general obligation bonds that
were | 2 | | approved by referendum; (b) made for any taxing district to pay | 3 | | interest
or principal on general obligation bonds issued before | 4 | | the effective date of
this amendatory Act of 1997;
(c) made
for | 5 | | any taxing district to pay interest or principal on bonds | 6 | | issued to refund
or continue to refund those bonds issued | 7 | | before the effective date
of this amendatory Act of 1997;
(d) | 8 | | made for any
taxing district to pay interest or principal on | 9 | | bonds issued to refund or
continue to refund bonds issued after | 10 | | the effective date of this amendatory Act
of 1997 if the bonds | 11 | | were approved by referendum after the effective date of
this | 12 | | amendatory Act of 1997;
(e) made for any
taxing district to pay | 13 | | interest or principal on
revenue bonds issued before the | 14 | | effective date of this amendatory Act of 1997
for payment of | 15 | | which a property tax
levy or the full faith and credit of the | 16 | | unit of local government is pledged;
however, a tax for the | 17 | | payment of interest or principal on those bonds shall be
made | 18 | | only after the governing body of the unit of local government | 19 | | finds that
all other sources for payment are insufficient to | 20 | | make those payments; (f) made
for payments under a building | 21 | | commission lease when the lease payments are for
the retirement | 22 | | of bonds issued by the commission before the effective date
of | 23 | | this amendatory Act of 1997
to
pay for the building project; | 24 | | (g) made for payments due under installment
contracts entered | 25 | | into before the effective date of this amendatory Act of
1997;
| 26 | | (h) made for payments
of principal and interest on limited |
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| 1 | | bonds,
as defined in Section 3 of the Local Government Debt | 2 | | Reform Act, in an amount
not to exceed the debt service | 3 | | extension base less the amount in items (b),
(c), and (e) of | 4 | | 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 | | "Debt service extension base" means an amount equal to that | 22 | | portion of the
extension for a taxing district for the 1994 | 23 | | levy year, or for those taxing
districts subject to this Law in | 24 | | accordance with Section 18-213, except for
those subject to | 25 | | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| 26 | | year in which the referendum making this Law applicable to the |
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| 1 | | taxing district
is held, or for those taxing districts subject | 2 | | to this Law in accordance with
paragraph (2) of subsection (e) | 3 | | of Section 18-213 for the 1996 levy year,
constituting an
| 4 | | extension for payment of principal and interest on bonds issued | 5 | | by the taxing
district , or issued by any of the individual | 6 | | taxing districts that merged or consolidated to form the taxing | 7 | | district, without referendum, but not including excluded | 8 | | non-referendum bonds. For park districts (i) that were first
| 9 | | subject to this Law in 1991 or 1995 and (ii) whose extension | 10 | | for the 1994 levy
year for the payment of principal and | 11 | | interest on bonds issued by the park
district without | 12 | | referendum (but not including excluded non-referendum bonds)
| 13 | | was less than 51% of the amount for the 1991 levy year | 14 | | constituting an
extension for payment of principal and interest | 15 | | on bonds issued by the park
district without referendum (but | 16 | | not including excluded non-referendum bonds),
"debt service | 17 | | extension base" means an amount equal to that portion of the
| 18 | | extension for the 1991 levy year constituting an extension for | 19 | | payment of
principal and interest on bonds issued by the park | 20 | | district without referendum
(but not including excluded | 21 | | non-referendum bonds). A debt service extension base | 22 | | established or increased at any time pursuant to any provision | 23 | | of this Law, except Section 18-212, shall be increased each | 24 | | year commencing with the later of (i) the 2009 levy year or | 25 | | (ii) the first levy year in which this Law becomes applicable | 26 | | to the taxing district, by the lesser of 5% or the percentage |
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| 1 | | increase in the Consumer Price Index during the 12-month | 2 | | calendar year preceding the levy year. The debt service | 3 | | extension
base may be established or increased as provided | 4 | | under Section 18-212.
"Excluded non-referendum bonds" means | 5 | | (i) bonds authorized by Public
Act 88-503 and issued under | 6 | | Section 20a of the Chicago Park District Act for
aquarium and | 7 | | museum projects; (ii) bonds issued under Section 15 of the
| 8 | | Local Government Debt Reform Act; or (iii) refunding | 9 | | obligations issued
to refund or to continue to refund | 10 | | obligations initially issued pursuant to
referendum.
| 11 | | "Special purpose extensions" include, but are not limited | 12 | | to, extensions
for levies made on an annual basis for | 13 | | unemployment and workers'
compensation, self-insurance, | 14 | | contributions to pension plans, and extensions
made pursuant to | 15 | | Section 6-601 of the Illinois Highway Code for a road
| 16 | | district's permanent road fund whether levied annually or not. | 17 | | The
extension for a special service area is not included in the
| 18 | | aggregate extension.
| 19 | | "Aggregate extension base" means the taxing district's | 20 | | last preceding
aggregate extension as adjusted under Sections | 21 | | 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 | 22 | | shall be made for the 2007 levy year and all subsequent levy | 23 | | years whenever one or more counties within which a taxing | 24 | | district is located (i) used estimated valuations or rates when | 25 | | extending taxes in the taxing district for the last preceding | 26 | | levy year that resulted in the over or under extension of |
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| 1 | | taxes, or (ii) increased or decreased the tax extension for the | 2 | | last preceding levy year as required by Section 18-135(c). | 3 | | Whenever an adjustment is required under Section 18-135, the | 4 | | aggregate extension base of the taxing district shall be equal | 5 | | to the amount that the aggregate extension of the taxing | 6 | | district would have been for the last preceding levy year if | 7 | | either or both (i) actual, rather than estimated, valuations or | 8 | | rates had been used to calculate the extension of taxes for the | 9 | | last levy year, or (ii) the tax extension for the last | 10 | | preceding levy year had not been adjusted as required by | 11 | | subsection (c) of Section 18-135.
| 12 | | "Levy year" has the same meaning as "year" under Section
| 13 | | 1-155.
| 14 | | "New property" means (i) the assessed value, after final | 15 | | board of review or
board of appeals action, of new improvements | 16 | | or additions to existing
improvements on any parcel of real | 17 | | property that increase the assessed value of
that real property | 18 | | during the levy year multiplied by the equalization factor
| 19 | | issued by the Department under Section 17-30, (ii) the assessed | 20 | | value, after
final board of review or board of appeals action, | 21 | | of real property not exempt
from real estate taxation, which | 22 | | real property was exempt from real estate
taxation for any | 23 | | portion of the immediately preceding levy year, multiplied by
| 24 | | the equalization factor issued by the Department under Section | 25 | | 17-30, including the assessed value, upon final stabilization | 26 | | of occupancy after new construction is complete, of any real |
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| 1 | | property located within the boundaries of an otherwise or | 2 | | previously exempt military reservation that is intended for | 3 | | residential use and owned by or leased to a private corporation | 4 | | or other entity, and
(iii) in counties that classify in | 5 | | accordance with Section 4 of Article
IX of the
Illinois | 6 | | Constitution, an incentive property's additional assessed | 7 | | value
resulting from a
scheduled increase in the level of | 8 | | assessment as applied to the first year
final board of
review | 9 | | market value.
In addition, the county clerk in a county | 10 | | containing a population of
3,000,000 or more shall include in | 11 | | the 1997
recovered tax increment value for any school district, | 12 | | any recovered tax
increment value that was applicable to the | 13 | | 1995 tax year calculations.
| 14 | | "Qualified airport authority" means an airport authority | 15 | | organized under
the Airport Authorities Act and located in a | 16 | | county bordering on the State of
Wisconsin and having a | 17 | | population in excess of 200,000 and not greater than
500,000.
| 18 | | "Recovered tax increment value" means, except as otherwise | 19 | | provided in this
paragraph, the amount of the current year's | 20 | | equalized assessed value, in the
first year after a | 21 | | municipality terminates
the designation of an area as a | 22 | | redevelopment project area previously
established under the | 23 | | Tax Increment Allocation Development Act in the Illinois
| 24 | | Municipal Code, previously established under the Industrial | 25 | | Jobs Recovery Law
in the Illinois Municipal Code, previously | 26 | | established under the Economic Development Project Area Tax |
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| 1 | | Increment Act of 1995, or previously established under the | 2 | | Economic
Development Area Tax Increment Allocation Act, of each | 3 | | taxable lot, block,
tract, or parcel of real property in the | 4 | | redevelopment project area over and
above the initial equalized | 5 | | assessed value of each property in the
redevelopment project | 6 | | area.
For the taxes which are extended for the 1997 levy year, | 7 | | the recovered tax
increment value for a non-home rule taxing | 8 | | district that first became subject
to this Law for the 1995 | 9 | | levy year because a majority of its 1994 equalized
assessed | 10 | | value was in an affected county or counties shall be increased | 11 | | if a
municipality terminated the designation of an area in 1993 | 12 | | as a redevelopment
project area previously established under | 13 | | the 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,
by an amount equal to the 1994 equalized | 18 | | assessed value of each taxable lot,
block, tract, or parcel of | 19 | | real property in the redevelopment project area over
and above | 20 | | the initial equalized assessed value of each property in the
| 21 | | redevelopment project area.
In the first year after a | 22 | | municipality
removes a taxable lot, block, tract, or parcel of | 23 | | real property from a
redevelopment project area established | 24 | | under the Tax Increment Allocation
Development Act in the | 25 | | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in | 26 | | the Illinois Municipal Code, or the Economic
Development Area |
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| 1 | | Tax Increment Allocation Act, "recovered tax increment value"
| 2 | | means the amount of the current year's equalized assessed value | 3 | | of each taxable
lot, block, tract, or parcel of real property | 4 | | removed from the redevelopment
project area over and above the | 5 | | initial equalized assessed value of that real
property before | 6 | | removal from the redevelopment project area.
| 7 | | Except as otherwise provided in this Section, "limiting | 8 | | rate" means a
fraction the numerator of which is the last
| 9 | | preceding aggregate extension base times an amount equal to one | 10 | | plus the
extension limitation defined in this Section and the | 11 | | denominator of which
is the current year's equalized assessed | 12 | | value of all real property in the
territory under the | 13 | | jurisdiction of the taxing district during the prior
levy year. | 14 | | For those taxing districts that reduced their aggregate
| 15 | | extension for the last preceding levy year, the highest | 16 | | aggregate extension
in any of the last 3 preceding levy years | 17 | | shall be used for the purpose of
computing the limiting rate. | 18 | | The denominator shall not include new
property or the recovered | 19 | | tax increment
value.
If a new rate, a rate decrease, or a | 20 | | limiting rate increase has been approved at an election held | 21 | | after March 21, 2006, then (i) the otherwise applicable | 22 | | limiting rate shall be increased by the amount of the new rate | 23 | | or shall be reduced by the amount of the rate decrease, as the | 24 | | case may be, or (ii) in the case of a limiting rate increase, | 25 | | the limiting rate shall be equal to the rate set forth
in the | 26 | | proposition approved by the voters for each of the years |
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| 1 | | specified in the proposition, after
which the limiting rate of | 2 | | the taxing district shall be calculated as otherwise provided.
| 3 | | (Source: P.A. 95-90, eff. 1-1-08; 95-331, eff. 8-21-07; 95-404, | 4 | | eff. 1-1-08; 95-876, eff. 8-21-08; 96-501, eff. 8-14-09; | 5 | | 96-517, eff. 8-14-09; 96-1000, eff. 7-2-10; 96-1202, eff. | 6 | | 7-22-10.)
| 7 | | (35 ILCS 200/18-213)
| 8 | | Sec. 18-213.
Referenda on applicability of the Property Tax | 9 | | Extension
Limitation Law.
| 10 | | (a) The provisions of this Section do not apply to a taxing | 11 | | district
subject
to this Law because a majority of its 1990 | 12 | | equalized assessed value is in a
county or counties contiguous | 13 | | to a county of 3,000,000 or more inhabitants, or
because a | 14 | | majority of its 1994 equalized assessed value is in an affected
| 15 | | county and the taxing district was not subject to this Law | 16 | | before the 1995 levy
year.
| 17 | | (b) The county board of a county that is not subject to | 18 | | this Law
may, by ordinance or resolution, submit to the voters | 19 | | of the
county the question of whether to
make all non-home rule | 20 | | taxing districts
that
have all or a portion of their equalized | 21 | | assessed valuation
situated in the county subject to this Law | 22 | | in the manner set forth in this
Section.
| 23 | | For purposes of this Section only:
| 24 | | "Taxing district" has the same meaning provided in Section | 25 | | 1-150.
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| 1 | | "Equalized
assessed valuation" means the equalized | 2 | | assessed valuation for a taxing
district for the immediately | 3 | | preceding levy year.
| 4 | | (c) The ordinance or resolution shall request the | 5 | | submission of
the
proposition at any election, except a | 6 | | consolidated primary election, for the
purpose of voting for or | 7 | | against making the Property
Tax Extension Limitation Law | 8 | | applicable to all non-home rule taxing districts
that have all
| 9 | | or a
portion of their equalized assessed valuation situated in | 10 | | the county.
| 11 | | The question shall be placed on a separate
ballot and shall | 12 | | be in substantially the following form:
| 13 | | Shall the Property Tax Extension Limitation Law (35 | 14 | | ILCS 200/18-185 through
18-245), which
limits annual | 15 | | property tax extension increases, apply to non-home
rule | 16 | | taxing
districts with all or a portion of their equalized | 17 | | assessed valuation located
in
(name of county)?
| 18 | | Votes on the question shall be recorded as "yes" or "no".
| 19 | | (d) The county clerk
shall order the proposition submitted | 20 | | to the electors of the county
at the election specified in the | 21 | | ordinance or resolution.
If part of the county is under the | 22 | | jurisdiction of
a board or boards of election commissioners, | 23 | | the county clerk
shall submit a certified copy of
the ordinance | 24 | | or resolution to each board of election commissioners,
which | 25 | | shall order the
proposition submitted to the electors of the | 26 | | taxing district within its
jurisdiction at the election |
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| 1 | | specified in the ordinance or resolution.
| 2 | | (e) (1) With respect to taxing districts having all of | 3 | | their equalized
assessed
valuation located in the county, | 4 | | if a majority of the votes cast on the
proposition are in | 5 | | favor of the proposition, then this Law becomes applicable
| 6 | | to the taxing district beginning on January 1 of the year | 7 | | following the date of
the referendum.
| 8 | | (2) With respect to taxing districts that meet all the | 9 | | following
conditions this Law shall become applicable to | 10 | | the taxing district beginning
on January 1, 1997. The | 11 | | districts to which this paragraph (2) is applicable
| 12 | | (A) do not have all of their equalized assessed | 13 | | valuation located in a
single county,
| 14 | | (B) have equalized assessed valuation in an | 15 | | affected county,
| 16 | | (C) meet the condition that each county, other than | 17 | | an affected county,
in which any of the equalized | 18 | | assessed valuation of the taxing district is
located | 19 | | has held a referendum under this Section at any | 20 | | election, except a
consolidated primary election, held | 21 | | prior to the effective date of this
amendatory Act of | 22 | | 1997, and
| 23 | | (D) have a majority of the district's equalized | 24 | | assessed valuation
located in one or more counties in | 25 | | each of which the voters have approved a
referendum | 26 | | under this Section prior to the effective date of this |
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| 1 | | amendatory
Act of 1997.
For purposes of this Section, | 2 | | in determining whether a majority of the
equalized | 3 | | assessed valuation of the taxing district is located in | 4 | | one or more
counties in which the voters have approved | 5 | | a referendum under this Section, the
equalized | 6 | | assessed valuation of the taxing district in any | 7 | | affected county
shall be included with the equalized | 8 | | assessed value of the taxing district in
counties in | 9 | | which the voters have approved the referendum.
| 10 | | (3) With respect to taxing districts that do not have | 11 | | all of
their equalized
assessed valuation located in a | 12 | | single county and to which paragraph (2) of
subsection (e) | 13 | | is not applicable, if each county other than an
affected | 14 | | county in which any of
the equalized assessed valuation of | 15 | | the taxing
district is located has held a referendum under | 16 | | this Section at any election,
except a consolidated primary | 17 | | election, held in any year and if a majority of
the | 18 | | equalized
assessed valuation of the taxing district is | 19 | | located in one or more counties
that have each approved a | 20 | | referendum under this Section,
then this Law shall become | 21 | | applicable to the taxing district on
January 1 of the year | 22 | | following the year in which the last referendum in a
county | 23 | | in which the taxing district has any equalized assessed | 24 | | valuation is
held.
For the purposes of this Law, the last | 25 | | referendum shall be deemed to be the
referendum making this | 26 | | Law applicable to the taxing district. For purposes
of this |
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| 1 | | Section, in determining whether a majority of the equalized | 2 | | assessed
valuation of the taxing district is located in one | 3 | | or more counties that have
approved a referendum under this | 4 | | Section, the equalized assessed valuation of
the taxing | 5 | | district in any affected county shall be included with the | 6 | | equalized
assessed value of the taxing district in counties | 7 | | that have approved the
referendum.
| 8 | | (f) Immediately after a referendum is held under this | 9 | | Section, the county
clerk of the
county holding the referendum | 10 | | shall give notice of the referendum having been
held and its | 11 | | results to all taxing districts that have all
or a portion of | 12 | | their equalized assessed valuation located in the county, the
| 13 | | county clerk of any other county in which any of the equalized | 14 | | assessed
valuation of any taxing district is located, and the | 15 | | Department of Revenue.
After the last referendum affecting a | 16 | | multi-county taxing district is held, the
Department of Revenue
| 17 | | shall determine whether the taxing district is subject to this | 18 | | Law
and, if so, shall notify the taxing district and the county | 19 | | clerks of all of
the
counties in which a portion of the | 20 | | equalized assessed valuation of the
taxing district is located | 21 | | that, beginning the following January 1, the
taxing
district is | 22 | | subject to this Law.
For each taxing district subject to | 23 | | paragraph (2) of subsection (e) of this
Section, the Department | 24 | | of Revenue shall notify the taxing district and the
county | 25 | | clerks of all of the counties in which a portion of the | 26 | | equalized
assessed valuation of the taxing district is located |
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| 1 | | that, beginning January 1,
1997, the taxing district is subject | 2 | | to this Law.
| 3 | | (g) Referenda held under this Section shall be conducted in | 4 | | accordance with
the Election Code.
| 5 | | (h) If the boundaries of a taxing district are changed so | 6 | | that (i) territory of the taxing district is located in a | 7 | | county in which the taxing district was not located prior to | 8 | | the boundary change or (ii) the taxing district is no longer | 9 | | located in a county in which the taxing district was located | 10 | | prior to the boundary change, and if the boundary change | 11 | | results in the dissolution of one or more other taxing | 12 | | districts, then a determination of whether or not this Law | 13 | | applies to the taxing district shall be made as of the | 14 | | effective date of the boundary change. This Law shall apply to | 15 | | the taxing district beginning on January 1 of the year | 16 | | following the effective date of the boundary change or shall | 17 | | continue to be applicable to the taxing district if (i) the | 18 | | majority of the taxing district's equalized assessed valuation | 19 | | as of the effective date of the boundary change is located in | 20 | | an affected county or counties or (ii) the majority of the | 21 | | taxing district's equalized assessed valuation as of the | 22 | | effective date of the boundary change is located in one or more | 23 | | counties in which the voters have approved a referendum under | 24 | | this Section, and none of the equalized valuation of the taxing | 25 | | district is located in a county (other than an affected county) | 26 | | that has never held a referendum under this Section. For |
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| 1 | | purposes of this Section, in determining whether a majority of | 2 | | the equalized assessed valuation of the taxing district is | 3 | | located in one or more counties in which the voters have | 4 | | approved a referendum under this Section, the equalized | 5 | | assessed valuation of the taxing district in any affected | 6 | | county shall be included with the equalized assessed value of | 7 | | the taxing district in counties in which the voters have | 8 | | approved the referendum. If it is determined that this Law no | 9 | | longer applies to a taxing district that was subject to this | 10 | | Law prior to a boundary change, this Law shall cease to apply | 11 | | to that taxing district as of the effective date of the | 12 | | boundary change. If the application of this subsection results | 13 | | in this Law becoming applicable to the taxing district, the | 14 | | initial debt service extension base of the taxing district and | 15 | | the extensions excluded from the aggregate extension of the | 16 | | taxing district as set forth in Section 18-185 of this Law | 17 | | shall be determined by reference to the effective date of the | 18 | | boundary change rather than to the date of a referendum making | 19 | | this Law applicable to the taxing district. | 20 | | (i) Whenever a taxing district that is subject to this Law | 21 | | merges or consolidates with a taxing district that is not | 22 | | subject to this Law, a determination of whether or not this Law | 23 | | applies to the new resulting merged or consolidated taxing | 24 | | district shall be made as of the effective date of the merger | 25 | | or consolidation. This Law shall apply to the new taxing | 26 | | district beginning on the effective date of the merger or |
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| 1 | | consolidation if (i) the majority of the new taxing district's | 2 | | equalized assessed valuation as of the effective date of the | 3 | | merger or consolidation is located in an affected county or | 4 | | counties or (ii) the majority of the new taxing district's | 5 | | equalized assessed valuation as of the effective date of the | 6 | | merger or consolidation is located in one or more counties in | 7 | | which the voters have approved a referendum under this Section, | 8 | | and none of the equalized valuation of the taxing district is | 9 | | located in a county (other than an affected county) that has | 10 | | never held a referendum under this Section. For purposes of | 11 | | this Section, in determining whether a majority of the | 12 | | equalized assessed valuation of the new taxing district is | 13 | | located in one or more counties in which the voters have | 14 | | approved a referendum under this Section, the equalized | 15 | | assessed valuation of the taxing district in any affected | 16 | | county shall be included with the equalized assessed value of | 17 | | the taxing district in counties in which the voters have | 18 | | approved the referendum. If the application of this subsection | 19 | | results in this Law becoming applicable to the new taxing | 20 | | district, the initial debt service extension base of the taxing | 21 | | district and the extensions excluded from the aggregate | 22 | | extension of the taxing district as set forth in Section 18-185 | 23 | | of this Law shall be determined by reference to the effective | 24 | | date of the merger or consolidation rather than to the date of | 25 | | a referendum making this Law applicable to the taxing district. | 26 | | (Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
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| 1 | | Section 99. Effective date. This Act takes effect upon | 2 | | becoming law.".
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