Full Text of SB3314 97th General Assembly
SB3314 97TH GENERAL ASSEMBLY |
| | 97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012 SB3314 Introduced 2/7/2012, by Sen. Don Harmon SYNOPSIS AS INTRODUCED: |
| 35 ILCS 200/18-190 | | 35 ILCS 200/18-205 | |
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Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that the approximate amount of the tax extendable, as stated on the referendum question submitted to impose a new or increased limiting rate or increase the extension limitation, shall be calculated (i) without regard to any property tax exemptions and (ii) using an equalized assessed value calculated by multiplying the percentage level of assessment prescribed for such property by statute or by ordinance of the county board by the most recent final equalization factor certified to the county clerk by the Department of Revenue at the time the taxing district initiates the submission of the proposition to the electors. Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Property Tax Code is amended by changing | 5 | | Sections 18-190 and 18-205 as follows:
| 6 | | (35 ILCS 200/18-190)
| 7 | | Sec. 18-190. Direct referendum; new rate or increased | 8 | | limiting rate. | 9 | | (a) If a new rate
is authorized by statute to be imposed | 10 | | without referendum or
is subject to a backdoor referendum, as | 11 | | defined in Section 28-2 of the Election
Code, the governing | 12 | | body of the affected taxing district before levying the new
| 13 | | rate shall submit the new rate to direct
referendum under the | 14 | | provisions of this Section and of Article 28 of the Election | 15 | | Code. Notwithstanding the provisions, requirements, or | 16 | | limitations of any other law, any tax levied for the 2005 levy | 17 | | year and all subsequent levy years by any taxing district | 18 | | subject to this Law may be extended at a rate exceeding the | 19 | | rate established for that tax by referendum or statute, | 20 | | provided that the rate does not exceed the statutory ceiling | 21 | | above which the tax is not authorized to be further increased | 22 | | either by referendum or in any other manner. Notwithstanding | 23 | | the provisions, requirements, or limitations of any other law, |
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| 1 | | all taxing districts subject to this Law shall follow the | 2 | | provisions of this Section whenever seeking referenda approval | 3 | | after March 21, 2006 to (i) levy a new tax rate authorized by | 4 | | statute or (ii) increase the limiting rate applicable to the | 5 | | taxing district. All taxing districts subject to this Law are | 6 | | authorized to seek referendum approval of each proposition | 7 | | described and set forth in this Section. | 8 | | The proposition seeking to obtain referendum approval to | 9 | | levy a new tax rate as authorized in clause (i) shall be in | 10 | | substantially the following form: | 11 | | Shall ... (insert legal name, number, if any, and | 12 | | county or counties of taxing district and geographic or | 13 | | other common name by which a school or community college | 14 | | district is known and referred to), Illinois, be authorized | 15 | | to levy a new tax for ... purposes and have an additional | 16 | | tax of ...% of the equalized assessed value of the taxable | 17 | | property therein extended for such purposes? | 18 | | The votes must be recorded as "Yes" or "No". | 19 | | The proposition seeking to obtain referendum approval to | 20 | | increase the limiting rate as authorized in clause (ii) shall | 21 | | be in substantially the following form: | 22 | | Shall the limiting rate under the Property Tax | 23 | | Extension Limitation Law for ... (insert legal name, | 24 | | number, if any, and county or counties of taxing district | 25 | | and geographic or other common name by which a school or | 26 | | community college district is known and referred to), |
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| 1 | | Illinois, be increased by an additional amount equal to | 2 | | ...% above the limiting rate for the purpose of...(insert | 3 | | purpose) for levy year ... (insert the most recent levy | 4 | | year for which the limiting rate of the taxing district is | 5 | | known at the time the submission of the proposition is | 6 | | initiated by the taxing district) and be equal to ...% of | 7 | | the equalized assessed value of the taxable property | 8 | | therein for levy year(s) (insert each levy year for which | 9 | | the increase will be applicable,
which years must be | 10 | | consecutive and may not exceed 4)? | 11 | | The votes must be recorded as "Yes" or "No". | 12 | | The ballot for any proposition submitted pursuant to this | 13 | | Section shall have printed thereon, but not as a part of the | 14 | | proposition submitted, only the following supplemental | 15 | | information (which shall be supplied to the election authority | 16 | | by the taxing district) in substantially the following form: | 17 | | (1) The approximate amount of taxes extendable at the | 18 | | most recently extended
limiting rate is $..., and the | 19 | | approximate amount of taxes extendable if the
proposition | 20 | | is approved is $.... | 21 | | (2) For the ... (insert the first levy year for which | 22 | | the new rate or increased
limiting rate will be applicable) | 23 | | levy year the approximate amount of the additional tax
| 24 | | extendable against property containing a single family | 25 | | residence and having a fair market
value at the time of the | 26 | | referendum of $100,000 is estimated to be $.... |
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| 1 | | (3) Based upon an average annual percentage increase | 2 | | (or decrease) in the market
value of such property of %... | 3 | | (insert percentage equal to the average annual percentage
| 4 | | increase or decrease for the prior 3 levy years, at the | 5 | | time the submission of the
proposition is initiated by the | 6 | | taxing district, in the amount of (A) the equalized | 7 | | assessed
value of the taxable property in the taxing | 8 | | district less (B) the new property included in the
| 9 | | equalized assessed value), the approximate amount of the | 10 | | additional tax extendable against
such property for the ... | 11 | | levy year is estimated to be $... and for the ... levy
year | 12 | | is estimated to be $
.... | 13 | | (4) If the proposition is approved, the aggregate | 14 | | extension for ... (insert each levy year for which the | 15 | | increase will apply) will be determined by the limiting | 16 | | rate set forth in the proposition, rather than the | 17 | | otherwise applicable limiting rate calculated under the | 18 | | provisions of the Property Tax Extension Limitation Law | 19 | | (commonly known as the Property Tax Cap Law). | 20 | | The approximate amount of taxes extendable shown in paragraph | 21 | | (1) shall be computed upon the last known equalized assessed | 22 | | value of taxable property in the taxing district (at the time | 23 | | the submission of the proposition is initiated by the taxing | 24 | | district). Paragraph (3) shall be included only if the | 25 | | increased limiting rate will be applicable for more than one | 26 | | levy year and shall list each levy year for which the increased |
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| 1 | | limiting rate will be applicable. The additional tax shown for | 2 | | each levy year shall be the approximate dollar amount of the | 3 | | increase over the amount of the most recently completed | 4 | | extension at the time the submission of the proposition is | 5 | | initiated by the taxing district. The approximate amount of the | 6 | | additional taxes extendable shown in paragraphs (2) and (3) | 7 | | shall be calculated (i) without regard to any property tax | 8 | | exemptions and (ii) using an equalized assessed value | 9 | | calculated by multiplying based upon the percentage level of | 10 | | assessment prescribed for such property by statute or by | 11 | | ordinance of the county board in counties which classify | 12 | | property for purposes of taxation in accordance with Section 4 | 13 | | of Article IX of the Constitution by the most recent final | 14 | | equalization factor certified to the county clerk by the | 15 | | Department of Revenue at the time the taxing district initiates | 16 | | the submission of the proposition to the electors . Paragraph | 17 | | (4) shall be included if the proposition concerns a limiting | 18 | | rate increase but shall not be included if the proposition | 19 | | concerns a new rate. Any notice required to be published in | 20 | | connection with the submission of the proposition shall also | 21 | | contain this supplemental information and shall not contain any | 22 | | other supplemental information regarding the proposition. Any | 23 | | error, miscalculation, or inaccuracy in computing any amount | 24 | | set forth on the ballot and in the notice that is not | 25 | | deliberate shall not invalidate or affect the validity of any | 26 | | proposition approved. Notice of the referendum shall be |
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| 1 | | published and posted as otherwise required by law, and the | 2 | | submission of the proposition shall be initiated as provided by | 3 | | law. | 4 | | If a majority of all ballots cast on the proposition are in | 5 | | favor of the proposition, the following provisions shall be | 6 | | applicable to the extension of taxes for the taxing district: | 7 | | (A) a new tax rate shall be first effective for the | 8 | | levy year in which the new rate is approved; | 9 | | (B) if the proposition provides for a new tax rate, the | 10 | | taxing district is authorized to levy a tax after the | 11 | | canvass of the results of the referendum by the election | 12 | | authority for the purposes for which the tax is authorized; | 13 | | (C) a limiting rate increase shall be first effective | 14 | | for the levy year in which the limiting rate increase is | 15 | | approved, provided that the taxing district may elect to | 16 | | have a limiting rate increase be effective for the levy | 17 | | year prior to the levy year in which the limiting rate | 18 | | increase is approved unless the extension of taxes for the | 19 | | prior levy year occurs 30 days or less after the canvass of | 20 | | the results of the referendum by the election authority in | 21 | | any county in which the taxing district is located; | 22 | | (D) in order for the limiting rate increase to be first | 23 | | effective for the levy year prior to the levy year of the | 24 | | referendum, the taxing district must certify its election | 25 | | to have the limiting rate increase be effective for the | 26 | | prior levy year to the clerk of each county in which the |
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| 1 | | taxing district is located not more than 2 days after the | 2 | | date the results of the referendum are canvassed by the | 3 | | election authority; and | 4 | | (E) if the proposition provides for a limiting rate | 5 | | increase, the increase may be effective regardless of | 6 | | whether the proposition is approved before or after the | 7 | | taxing district adopts or files its levy for any levy year.
| 8 | | Rates
required to extend taxes on levies subject to a | 9 | | backdoor referendum in each
year there is a levy are not new | 10 | | rates or rate increases under this Section if
a
levy has been | 11 | | made for the fund in one or more of the preceding 3 levy
years. | 12 | | Changes made by this amendatory Act of 1997 to this Section in
| 13 | | reference to rates required to extend taxes on levies subject | 14 | | to a backdoor
referendum in each year there is a levy are | 15 | | declarative of existing law and not
a new enactment. | 16 | | (b) Whenever other applicable law authorizes a taxing | 17 | | district
subject to the
limitation
with respect to its | 18 | | aggregate extension provided for in this Law to issue bonds
or | 19 | | other obligations either without referendum or subject to | 20 | | backdoor
referendum, the taxing district may elect for each | 21 | | separate bond issuance to
submit the question of the issuance | 22 | | of the bonds or obligations directly to the
voters of the | 23 | | taxing district, and if the referendum passes the taxing
| 24 | | district is not required to comply with any backdoor referendum
| 25 | | procedures or requirements set forth in the other applicable | 26 | | law. The
direct referendum shall be initiated by ordinance or |
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| 1 | | resolution of the
governing body of the taxing district, and | 2 | | the question shall be certified
to the proper election | 3 | | authorities in accordance with the provisions of the
Election | 4 | | Code.
| 5 | | (Source: P.A. 96-764, eff. 8-25-09.)
| 6 | | (35 ILCS 200/18-205)
| 7 | | Sec. 18-205. Referendum to increase the extension | 8 | | limitation. A taxing
district is limited to an extension | 9 | | limitation of 5% or the percentage increase
in the Consumer | 10 | | Price Index during the 12-month calendar year preceding the
| 11 | | levy year, whichever is less. A taxing district may increase | 12 | | its extension
limitation for one or more levy years if that | 13 | | taxing district holds a referendum
before the levy date for the | 14 | | first levy year at which a majority of voters voting on the | 15 | | issue approves
adoption of a higher extension limitation. | 16 | | Referenda shall be conducted at a
regularly scheduled election | 17 | | in accordance with the Election Code. The question shall be | 18 | | presented in
substantially the following manner for all | 19 | | elections held after March 21, 2006:
| 20 | | Shall the extension limitation under the Property Tax | 21 | | Extension Limitation Law for (insert the legal name, | 22 | | number, if any, and county or counties of the taxing | 23 | | district and geographic or other common name by which a | 24 | | school or community college district is known and referred | 25 | | to), Illinois, be increased from the lesser of 5% or the |
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| 1 | | percentage increase in the Consumer Price Index over the | 2 | | prior levy year to (insert the percentage of the proposed | 3 | | increase)% per year for (insert each levy year for which | 4 | | the increased extension limitation will apply)? | 5 | | The votes must be recorded as "Yes" or "No".
| 6 | | If a majority of voters voting on the issue approves the | 7 | | adoption of
the increase, the increase shall be applicable for | 8 | | each
levy year specified.
| 9 | | The ballot for any question submitted pursuant to this | 10 | | Section shall have printed thereon, but not as a part of the | 11 | | question submitted, only the following supplemental | 12 | | information (which shall be supplied to the election authority | 13 | | by the taxing district) in substantially the following form: | 14 | | (1) For the (insert the first levy year for which the | 15 | | increased extension
limitation will be applicable) levy | 16 | | year the approximate amount of the additional tax
| 17 | | extendable against property containing a single family | 18 | | residence and having a fair market
value at the time of the | 19 | | referendum of $100,000 is estimated to be $.... | 20 | | (2) Based upon an average annual percentage increase | 21 | | (or decrease) in the
market value of such property of ...% | 22 | | (insert percentage equal to the average
annual percentage | 23 | | increase or decrease for the prior 3 levy years, at the | 24 | | time the
submission of the question is initiated by the | 25 | | taxing district, in the amount of (A) the
equalized | 26 | | assessed value of the taxable property in the taxing |
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| 1 | | district less (B) the new
property included in the | 2 | | equalized assessed value), the approximate amount of the
| 3 | | additional tax extendable against such property for the ... | 4 | | levy year is estimated to be
$... and for the ... levy year | 5 | | is estimated to be $.... | 6 | | Paragraph (2) shall be included only if the increased | 7 | | extension limitation will be applicable for more than one year | 8 | | and shall list each levy year for which the increased extension | 9 | | limitation will be applicable. The additional tax shown for | 10 | | each levy year shall be the approximate dollar amount of the | 11 | | increase over the amount of the most recently completed | 12 | | extension at the time the submission of the question is | 13 | | initiated by the taxing district. The approximate amount of the | 14 | | additional tax extendable shall be calculated by using (A) the | 15 | | lesser of 5% or the percentage increase in the Consumer Price | 16 | | Index for the prior levy year (or an estimate of the percentage | 17 | | increase for the prior levy year if the increase is unavailable | 18 | | at the time the submission of the question is initiated by the | 19 | | taxing district), (B) the percentage increase proposed in the | 20 | | question, and (C) the last known equalized assessed value and | 21 | | aggregate extension base of the taxing district at the time the | 22 | | submission of the question is initiated by the taxing district. | 23 | | The approximate amount of the tax extendable shown in | 24 | | paragraphs (1) and (2) shall be calculated (i) without regard | 25 | | to any property tax exemptions and (ii) using an equalized | 26 | | assessed value calculated by multiplying based upon the |
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| 1 | | percentage level of assessment prescribed for such property by | 2 | | statute or by ordinance of the county board in counties which | 3 | | classify property for purposes of taxation in accordance with | 4 | | Section 4 of Article IX of the Constitution by the most recent | 5 | | final equalization factor certified to the county clerk by the | 6 | | Department of Revenue at the time the taxing district initiates | 7 | | the submission of the proposition to the electors . Any notice | 8 | | required to be published in connection with the submission of | 9 | | the question shall also contain this supplemental information | 10 | | and shall not contain any other supplemental information. Any | 11 | | error, miscalculation, or inaccuracy in computing any amount | 12 | | set forth on the ballot or in the notice that is not deliberate | 13 | | shall not invalidate or affect the validity of any proposition | 14 | | approved. Notice of the referendum shall be published and | 15 | | posted as otherwise required by law, and the submission of the | 16 | | question shall be initiated as provided by law.
| 17 | | (Source: P.A. 94-976, eff. 6-30-06.)
| 18 | | Section 99. Effective date. This Act takes effect upon | 19 | | becoming law.
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