Full Text of SB0092 97th General Assembly
SB0092ham002 97TH GENERAL ASSEMBLY | Rep. Barbara Flynn Currie Filed: 11/7/2011
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| 1 | | AMENDMENT TO SENATE BILL 92
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 92 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 18-215 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 ; and (p) made for road purposes in the | 25 | | first year after a township assumes the rights, powers, duties, | 26 | | assets, property, liabilities, obligations, and
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| 1 | | responsibilities of a road district abolished under the | 2 | | provisions of Section 6-133 of the Illinois Highway Code .
| 3 | | "Aggregate extension" for the taxing districts to which | 4 | | this Law did not
apply before the 1995 levy year (except taxing | 5 | | districts subject to this Law
in
accordance with Section | 6 | | 18-213) means the annual corporate extension for the
taxing | 7 | | district and those special purpose extensions that are made | 8 | | annually for
the taxing district, excluding special purpose | 9 | | extensions: (a) made for the
taxing district to pay interest or | 10 | | principal on general obligation bonds that
were approved by | 11 | | referendum; (b) made for any taxing district to pay interest
or | 12 | | principal on general obligation bonds issued before March 1, | 13 | | 1995; (c) made
for any taxing district to pay interest or | 14 | | principal on bonds issued to refund
or continue to refund those | 15 | | bonds issued before March 1, 1995; (d) made for any
taxing | 16 | | district to pay interest or principal on bonds issued to refund | 17 | | or
continue to refund bonds issued after March 1, 1995 that | 18 | | were approved by
referendum; (e) made for any taxing district | 19 | | to pay interest or principal on
revenue bonds issued before | 20 | | March 1, 1995 for payment of which a property tax
levy or the | 21 | | full faith and credit of the unit of local government is | 22 | | pledged;
however, a tax for the payment of interest or | 23 | | principal on those bonds shall be
made only after the governing | 24 | | body of the unit of local government finds that
all other | 25 | | sources for payment are insufficient to make those payments; | 26 | | (f) made
for payments under a building commission lease when |
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| 1 | | the lease payments are for
the retirement of bonds issued by | 2 | | the commission before March 1, 1995 to
pay for the building | 3 | | project; (g) made for payments due under installment
contracts | 4 | | entered into before March 1, 1995; (h) made for payments of
| 5 | | principal and interest on bonds issued under the Metropolitan | 6 | | Water Reclamation
District Act to finance construction | 7 | | projects initiated before October 1,
1991; (h-4) made for | 8 | | stormwater management purposes by the Metropolitan Water | 9 | | Reclamation District of Greater Chicago under Section 12 of the | 10 | | Metropolitan Water Reclamation District Act; (i) made for | 11 | | payments of principal and interest on limited bonds,
as defined | 12 | | in Section 3 of the Local Government Debt Reform Act, in an | 13 | | amount
not to exceed the debt service extension base less the | 14 | | amount in items (b),
(c), and (e) of this definition for | 15 | | non-referendum obligations, except
obligations initially | 16 | | issued pursuant to referendum and bonds described in
subsection | 17 | | (h) of this definition; (j) made for payments of
principal and | 18 | | interest on bonds issued under Section 15 of the Local | 19 | | Government
Debt Reform Act; (k) made for payments of principal | 20 | | and interest on bonds
authorized by Public Act 88-503 and | 21 | | issued under Section 20a of the Chicago
Park District Act for | 22 | | aquarium or
museum projects; (l) made for payments of principal | 23 | | and interest on
bonds
authorized by Public Act 87-1191 or | 24 | | 93-601 and (i) issued pursuant to Section 21.2 of the Cook | 25 | | County Forest
Preserve District Act, (ii) issued under Section | 26 | | 42 of the Cook County
Forest Preserve District Act for |
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| 1 | | zoological park projects, or (iii) issued
under Section 44.1 of | 2 | | the Cook County Forest Preserve District Act for
botanical | 3 | | gardens projects; (m) made
pursuant
to Section 34-53.5 of the | 4 | | School Code, whether levied annually or not;
(n) made to fund | 5 | | expenses of providing joint recreational programs for the
| 6 | | handicapped under Section 5-8 of the Park
District Code or | 7 | | Section 11-95-14 of the Illinois Municipal Code;
(o) made by | 8 | | the
Chicago Park
District for recreational programs for the | 9 | | handicapped under subsection (c) of
Section
7.06 of the Chicago | 10 | | Park District Act; (p) made for contributions to a | 11 | | firefighter's pension fund created under Article 4 of the | 12 | | Illinois Pension Code, to the extent of the amount certified | 13 | | under item (5) of Section 4-134 of the Illinois Pension Code; | 14 | | and (q) made by Ford Heights School District 169 under Section | 15 | | 17-9.02 of the School Code.
| 16 | | "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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| 1 | | 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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| 1 | | 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.
| 25 | | "Aggregate extension" for all taxing districts to which | 26 | | this Law applies in
accordance with paragraph (2) of subsection |
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| 1 | | (e) of Section 18-213 means the
annual corporate extension for | 2 | | the
taxing district and those special purpose extensions that | 3 | | are made annually for
the taxing district, excluding special | 4 | | purpose extensions: (a) made for the
taxing district to pay | 5 | | interest or principal on general obligation bonds that
were | 6 | | approved by referendum; (b) made for any taxing district to pay | 7 | | interest
or principal on general obligation bonds issued before | 8 | | the effective date of
this amendatory Act of 1997;
(c) made
for | 9 | | any taxing district to pay interest or principal on bonds | 10 | | issued to refund
or continue to refund those bonds issued | 11 | | before the effective date
of this amendatory Act of 1997;
(d) | 12 | | made for any
taxing district to pay interest or principal on | 13 | | bonds issued to refund or
continue to refund bonds issued after | 14 | | the effective date of this amendatory Act
of 1997 if the bonds | 15 | | were approved by referendum after the effective date of
this | 16 | | amendatory Act of 1997;
(e) made for any
taxing district to pay | 17 | | interest or principal on
revenue bonds issued before the | 18 | | effective date of this amendatory Act of 1997
for payment of | 19 | | which a property tax
levy or the full faith and credit of the | 20 | | unit of local government is pledged;
however, a tax for the | 21 | | payment of interest or principal on those bonds shall be
made | 22 | | only after the governing body of the unit of local government | 23 | | finds that
all other sources for payment are insufficient to | 24 | | make those payments; (f) made
for payments under a building | 25 | | commission lease when the lease payments are for
the retirement | 26 | | of bonds issued by the commission before the effective date
of |
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| 1 | | this amendatory Act of 1997
to
pay for the building project; | 2 | | (g) made for payments due under installment
contracts entered | 3 | | into before the effective date of this amendatory Act of
1997;
| 4 | | (h) made for payments
of principal and interest on limited | 5 | | bonds,
as defined in Section 3 of the Local Government Debt | 6 | | Reform Act, in an amount
not to exceed the debt service | 7 | | extension base less the amount in items (b),
(c), and (e) of | 8 | | this definition for non-referendum obligations, except
| 9 | | obligations initially issued pursuant to referendum; (i) made | 10 | | for payments
of
principal and interest on bonds issued under | 11 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made | 12 | | for a qualified airport authority to pay interest or principal | 13 | | on
general obligation bonds issued for the purpose of paying | 14 | | obligations due
under, or financing airport facilities | 15 | | required to be acquired, constructed,
installed or equipped | 16 | | pursuant to, contracts entered into before March
1, 1996 (but | 17 | | not including any amendments to such a contract taking effect | 18 | | on
or after that date); (k) made to fund expenses of providing | 19 | | joint
recreational programs for the handicapped under Section | 20 | | 5-8 of
the
Park District Code or Section 11-95-14 of the | 21 | | Illinois Municipal Code; and (l) made for contributions to a | 22 | | firefighter's pension fund created under Article 4 of the | 23 | | Illinois Pension Code, to the extent of the amount certified | 24 | | under item (5) of Section 4-134 of the Illinois Pension Code.
| 25 | | "Debt service extension base" means an amount equal to that | 26 | | portion of the
extension for a taxing district for the 1994 |
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| 1 | | levy year, or for those taxing
districts subject to this Law in | 2 | | accordance with Section 18-213, except for
those subject to | 3 | | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| 4 | | year in which the referendum making this Law applicable to the | 5 | | taxing district
is held, or for those taxing districts subject | 6 | | to this Law in accordance with
paragraph (2) of subsection (e) | 7 | | of Section 18-213 for the 1996 levy year,
constituting an
| 8 | | extension for payment of principal and interest on bonds issued | 9 | | by the taxing
district without referendum, but not including | 10 | | excluded non-referendum bonds. For park districts (i) that were | 11 | | first
subject to this Law in 1991 or 1995 and (ii) whose | 12 | | extension for the 1994 levy
year for the payment of principal | 13 | | and interest on bonds issued by the park
district without | 14 | | referendum (but not including excluded non-referendum bonds)
| 15 | | was less than 51% of the amount for the 1991 levy year | 16 | | constituting an
extension for payment of principal and interest | 17 | | on bonds issued by the park
district without referendum (but | 18 | | not including excluded non-referendum bonds),
"debt service | 19 | | extension base" means an amount equal to that portion of the
| 20 | | extension for the 1991 levy year constituting an extension for | 21 | | payment of
principal and interest on bonds issued by the park | 22 | | district without referendum
(but not including excluded | 23 | | non-referendum bonds). A debt service extension base | 24 | | established or increased at any time pursuant to any provision | 25 | | of this Law, except Section 18-212, shall be increased each | 26 | | year commencing with the later of (i) the 2009 levy year or |
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| 1 | | (ii) the first levy year in which this Law becomes applicable | 2 | | to the taxing district, by the lesser of 5% or the percentage | 3 | | increase in the Consumer Price Index during the 12-month | 4 | | calendar year preceding the levy year. The debt service | 5 | | extension
base may be established or increased as provided | 6 | | under Section 18-212.
"Excluded non-referendum bonds" means | 7 | | (i) bonds authorized by Public
Act 88-503 and issued under | 8 | | Section 20a of the Chicago Park District Act for
aquarium and | 9 | | museum projects; (ii) bonds issued under Section 15 of the
| 10 | | Local Government Debt Reform Act; or (iii) refunding | 11 | | obligations issued
to refund or to continue to refund | 12 | | obligations initially issued pursuant to
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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| 1 | | 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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| 1 | | 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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| 1 | | 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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| 1 | | 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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| 1 | | 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. 96-501, eff. 8-14-09; 96-517, eff. 8-14-09; | 6 | | 96-1000, eff. 7-2-10; 96-1202, eff. 7-22-10; 97-611, eff. | 7 | | 1-1-12.)
| 8 | | (35 ILCS 200/18-215)
| 9 | | Sec. 18-215.
Merging and consolidating taxing districts; | 10 | | transfer of
service. For purposes of
this Law, when 2 or more | 11 | | taxing districts merge or consolidate, including, but not | 12 | | limited to, a township assuming the rights, powers, duties, | 13 | | assets, property liabilities, obligations, and | 14 | | responsibilities of a road district abolished under the | 15 | | provisions of Section 6-133 of the Illinois Highway Code, the | 16 | | sum of the
last preceding aggregate extensions for each taxing | 17 | | district shall be
combined for the resulting merged or | 18 | | consolidated taxing district and the provisions of Section | 19 | | 18-190 of this Law requiring a referendum to establish a new | 20 | | levy shall not apply . When a
service performed by one taxing | 21 | | district is transferred to another
taxing district, that part | 22 | | of the aggregate extension base for that
purpose shall be | 23 | | transferred and added to the aggregate extension base of
the | 24 | | transferee taxing district for purposes of this Law and shall | 25 | | be
deducted from the aggregate extension base of the transferor |
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| 1 | | taxing
district. If the service and corresponding portion of | 2 | | the aggregate
extension base transferred to the taxing district | 3 | | are for a service that the
transferee district does not | 4 | | currently levy for, the provisions of Section
18-190 of this | 5 | | Law requiring a referendum to establish a new levy shall not
| 6 | | apply.
| 7 | | (Source: P.A. 90-719, eff. 8-7-98.)
| 8 | | Section 10. The Illinois Highway Code is amended by | 9 | | changing Section 6-501 as follows:
| 10 | | (605 ILCS 5/6-501) (from Ch. 121, par. 6-501)
| 11 | | Sec. 6-501. (a) Findings and purpose. The General Assembly | 12 | | finds:
| 13 | | (1) That the financial conditions of the Township and | 14 | | District road
systems of the State of Illinois have | 15 | | suffered adversely as a result of
changes in law concerning | 16 | | assessed valuation of property for tax purposes.
That as a | 17 | | result of the changes beginning in 1945, the rates of
| 18 | | permissible levy were first halved to accommodate full fair | 19 | | value, but
never restored when subsequent law change | 20 | | established the legal assessed
valuation at 50% of fair | 21 | | market value as equalized by the Department of
Revenue.
| 22 | | (2) Townships and district road systems, as a result of | 23 | | the decreased
financial support, have suffered a decline in | 24 | | ability to maintain or
improve roads and bridges in a safe |
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| 1 | | condition to permit the normal and
ordinary use of its | 2 | | highway system. In many instances bridges have been
closed | 3 | | and detours required because of impossible road conditions | 4 | | resulting
in hardships for school districts in | 5 | | transporting pupils and for farms in
moving products to | 6 | | market.
| 7 | | (3) Further, cost for maintenance and improvements | 8 | | have risen faster
than the valuations of property, the base | 9 | | of financial support.
| 10 | | (4) To solve these problems, this Act makes changes in | 11 | | rates of taxation
-- returning Townships and District road | 12 | | systems to their approximate
financial viability prior to | 13 | | 1945.
| 14 | | (b) The highway commissioner for each road district in each | 15 | | county not
under township organization shall on or before the | 16 | | third Tuesday in December
of each year determine and certify to | 17 | | the county board the amount necessary
to be raised by taxation | 18 | | for road purposes and for the salaries of
elected road district | 19 | | officials in the road district.
| 20 | | Should any highway commissioner during the last year of his | 21 | | term of
office for any reason not file the certificate in the | 22 | | office of the county
clerk, as required by this Section, in | 23 | | time for presentation to the regular
September meeting of the | 24 | | county board, the clerk shall present in lieu
thereof a | 25 | | certificate equal in amount to that presented for the preceding | 26 | | year.
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| 1 | | In every such county the certificate shall be filed in the | 2 | | office of the
county clerk and by that official presented to | 3 | | the county board at the
regular September meeting for the | 4 | | consideration of the board. The amount so
certified if approved | 5 | | by the county board, or the part thereof as the
county board | 6 | | does approve, shall be extended by the county clerk as road
| 7 | | taxes against the taxable property of the district.
| 8 | | (c) The highway commissioner in each road district in each | 9 | | county having
adopted township organization shall in | 10 | | accordance with the Illinois
Municipal Budget Law at least 30 | 11 | | days prior to the public meeting required by
this paragraph, | 12 | | each year prepare or cause to be prepared a tentative budget
| 13 | | and appropriation ordinance and file the same with the clerk of | 14 | | the township or
consolidated township road district, as the | 15 | | case may be, who shall make the
tentative budget and | 16 | | appropriation ordinance conveniently available to the
public | 17 | | inspection for at least 30 days prior to final action. One | 18 | | public
hearing shall be held. This public hearing shall be held | 19 | | on or before the last
day of the first quarter of the fiscal | 20 | | year before the township board of
trustees or the highway board | 21 | | of trustees, as the case may be. Notice of the
hearing shall be | 22 | | given by publication in a newspaper published in the road
| 23 | | district at least 30 days prior to the time of the hearing. If | 24 | | there is no
newspaper published in the road district, notice of | 25 | | the public hearing shall be
given by posting notices in 5 of | 26 | | the most public places in the district. It
shall be the duty of |
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| 1 | | the clerk of the road district to arrange for the public
| 2 | | hearing. The township board of trustees or highway board of | 3 | | trustees, as the
case may be, at the public hearing shall adopt | 4 | | the tentative budget and
appropriation ordinance, or any part | 5 | | as the board of trustees deem necessary.
| 6 | | On or before the last Tuesday in December the township | 7 | | board of
trustees or highway board of trustees or road district | 8 | | commissioner, as
the case may be, shall levy and certify to the | 9 | | county clerk the amount
necessary to be raised by taxation for | 10 | | road purposes and the road district
commissioner shall levy and | 11 | | certify to the county clerk the amount necessary to
be raised | 12 | | by taxation for the salaries of elected road district officials | 13 | | in
the road district, as determined by the highway | 14 | | commissioner. Notwithstanding the foregoing, in townships | 15 | | located within Cook County, the township board of trustees | 16 | | shall be the authority to determine the estimate of the levy | 17 | | for such road purposes, and the township board of trustees | 18 | | shall levy and certify the county clerk the amounts necessary | 19 | | to be raised by the taxation for road purposes as determined by | 20 | | the township board of trustees on or before the last Tuesday of | 21 | | December.
| 22 | | The amount so certified shall be extended by the county | 23 | | clerk as road
taxes against the taxable property of the | 24 | | district.
| 25 | | On or after October 10, 1991, a road district commissioner | 26 | | whose district is
located in a county not under township |
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| 1 | | organization may not levy separately
a tax for
salaries of | 2 | | elected road district officials unless the tax has been first
| 3 | | approved by a majority of the electors voting on the question | 4 | | at a referendum
conducted in accordance with the general | 5 | | election law. The question submitted
to the electors at the | 6 | | referendum shall be in substantially the following form:
"Shall | 7 | | the road district commissioner be authorized to levy an annual | 8 | | tax for
the salaries of elected road district officials under | 9 | | Section 6-501 of the
Illinois Highway Code?"
| 10 | | Except as is otherwise permitted by this Code and when the | 11 | | road district
commissioner establishes the tax rate for the | 12 | | salaries of elected road
district officials, the county clerk | 13 | | shall not extend taxes for road
purposes against the taxable | 14 | | property in any road district at rates in
excess of the | 15 | | following:
| 16 | | (1) in a road district comprised of a single township | 17 | | in a county
having township organization, at a rate in | 18 | | excess of .125% of the value, as
equalized or assessed by | 19 | | the Department of Revenue; unless before the
last Tuesday | 20 | | in December annually the highway commissioner of
the | 21 | | township road district shall have secured the consent in | 22 | | writing of a
majority of the members of the township board | 23 | | of trustees to the extension
of a greater rate, in which | 24 | | case the rate shall not
exceed that approved by a majority | 25 | | of the members of the township board of
trustees, but in no | 26 | | case shall it exceed .165% of the value, as
equalized or |
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| 1 | | assessed by the Department. Once approved by the township
| 2 | | board of trustees, the rate shall remain in effect until | 3 | | changed by the
township board of trustees;
| 4 | | (2) in a consolidated township road district, at a rate | 5 | | in excess of
.175% of the value, as equalized or assessed | 6 | | by the Department of Revenue;
| 7 | | (3) in a road district in a county not having township | 8 | | organization, at a
rate in excess of .165% of the value, as | 9 | | equalized or assessed by the
Department of Revenue.
| 10 | | However, road districts that have higher tax rate | 11 | | limitations on a
permanent basis for road purposes on July 1, | 12 | | 1967, than the limitations
herein provided, may continue to | 13 | | levy the road taxes at the higher
limitations, and the county | 14 | | clerk shall extend the taxes at not to exceed
the higher | 15 | | limitations.
| 16 | | If the amount of taxes levied by the township board of | 17 | | trustees or the
highway board of trustees or approved by the | 18 | | county board in any case is in
excess of the amount that may be | 19 | | extended the county clerk shall reduce
the amount so that the | 20 | | rate extended shall be no greater than authorized
by law. | 21 | | However, the tax shall not be reduced or scaled in any manner
| 22 | | whatever by reason of the levy and extension by the county | 23 | | clerk of any tax
to pay the principal or interest, or both, of | 24 | | any bonds issued by a road
district.
| 25 | | The taxes, when collected, shall be held by the treasurer | 26 | | of the district
as the regular road fund of the district.
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| 1 | | Notwithstanding any other provision of law, for a period of | 2 | | time ending 18
years after the effective date of this | 3 | | amendatory Act of 1994, a road district
or consolidated road | 4 | | district may accumulate up to 50% of the taxes collected
from a | 5 | | subdivision under this Section for improvements of | 6 | | nondedicated
roads within the subdivision from which and for
| 7 | | which the taxes were collected. These nondedicated roads will | 8 | | become a part of
the
township and district road system if the | 9 | | roads meet the criteria established by
the counties in which | 10 | | the roads are located. The total accumulations under
this | 11 | | provision may not exceed 10% of the total funds held by the
| 12 | | district for
road purposes. This provision applies only to | 13 | | townships within counties
adjacent to a county with a | 14 | | population of 3,000,000 or more and only with
respect to | 15 | | subdivisions whose plats were filed or recorded before July 23,
| 16 | | 1959.
| 17 | | Any road district may accumulate funds for the purpose of | 18 | | acquiring,
constructing, repairing and improving buildings and | 19 | | procuring land in
relation to the building and for the purpose | 20 | | of procuring road maintenance
apparatus and equipment, and for | 21 | | the construction of roads, and may
annually levy taxes for the | 22 | | purposes in excess of its current requirements
for other | 23 | | purposes, subject to the tax rate limitations provided in this
| 24 | | Section, provided a proposition to accumulate funds for the | 25 | | purposes is
first submitted to and approved by the electors of | 26 | | the district. The
proposition shall be certified to the proper |
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| 1 | | election officials by the
district clerk upon the direction of | 2 | | the highway commissioner, and the
election officials shall | 3 | | submit the proposition at a regular election.
Notice and | 4 | | conduct of the referendum shall be in accordance with the
| 5 | | general election law. The proposition shall be in substantially | 6 | | the
following form:
| 7 | | -------------------------------------------------------------
| 8 | | Shall .......... road district
| 9 | | accumulate funds in the amount
| 10 | | of $......... for ........ years YES
| 11 | | for the purpose of acquiring,
| 12 | | constructing, repairing and improving --------------------
| 13 | | buildings and procuring land
| 14 | | therefor, and for procuring road NO
| 15 | | maintenance apparatus and equipment
| 16 | | and for the construction of roads?
| 17 | | -------------------------------------------------------------
| 18 | | If a majority of the electors voting on the proposition | 19 | | vote in
favor of it, the road district may use a portion of the | 20 | | funds levied,
subject to the tax rate limitations provided in | 21 | | this Section, for the
purposes for which accumulation was | 22 | | authorized. It shall not be a valid
objection to any subsequent | 23 | | tax levy made under this Section, that there
remains unexpended | 24 | | money arising from the levy of a prior year because
of an | 25 | | accumulation permitted by this Section and provided for in the
| 26 | | budget for that prior year.
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| 1 | | (d) Any road district may accumulate moneys in a dedicated | 2 | | fund for a
specific
capital construction or maintenance project | 3 | | or a major equipment purchase
without submitting a proposition | 4 | | to the electors of the district if the annual
budget and | 5 | | appropriation ordinance for the road district states the | 6 | | amount,
purpose, and duration of any accumulation of funds | 7 | | authorized under this
Section, with specific reference to each | 8 | | project to be constructed or equipment
to be purchased. Nothing | 9 | | in this subsection precludes a road district from
accumulating | 10 | | moneys for non-specific purposes as provided in this Section.
| 11 | | (Source: P.A. 92-395, eff. 8-16-01; 92-656, eff. 7-16-02 .)
| 12 | | Section 99. Effective date. This Act takes effect upon | 13 | | becoming law.".
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