Full Text of HB5311 98th General Assembly
HB5311sam001 98TH GENERAL ASSEMBLY | Sen. Karen McConnaughay Filed: 5/14/2014
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| 1 | | AMENDMENT TO HOUSE BILL 5311
| 2 | | AMENDMENT NO. ______. Amend House Bill 5311 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by adding | 5 | | Division 7 to Article 18 as follows: | 6 | | (35 ILCS 200/Art. 18 Div. 7 heading new) | 7 | | Division 7. Township Property Tax Extension Freeze Law. | 8 | | (35 ILCS 200/18-280 new) | 9 | | Sec. 18-280. Short title; definitions. This Division 7 may | 10 | | be cited as the Township Property Tax Extension Freeze Law. | 11 | | As used in this Division 7: | 12 | | "Aggregate extension" means the annual corporate extension | 13 | | for the town fund of the township, excluding highway funds, | 14 | | general assistance funds, and any special purpose extensions. | 15 | | "Town fund" means the fund or funds for which moneys are |
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| 1 | | appropriated by townships for general operating expenses in | 2 | | compliance with Section 3 of the Illinois Municipal Budget Law. | 3 | | "Current year" means the 2014 levy year. | 4 | | "Special purpose extensions" include, but are not limited | 5 | | to, extensions for levies made on an annual basis for | 6 | | unemployment and workers' compensation, self-insurance, | 7 | | contributions to pension plans, whether levied annually or not. | 8 | | The extension for a special service area is not included in the | 9 | | aggregate extension. | 10 | | "Aggregate extension base" means the township's aggregate | 11 | | extension for the 2013 levy year. | 12 | | "New property" means (i) the assessed value, after final | 13 | | board of review or board of appeals action, of new improvements | 14 | | or additions to existing improvements on any parcel of real | 15 | | property that increase the assessed value of that real property | 16 | | during the levy year multiplied by the equalization factor | 17 | | issued by the Department under Section 17-30 and (ii) the | 18 | | assessed value, after final board of review or board of appeals | 19 | | action, of real property not exempt from real estate taxation, | 20 | | which real property was exempt from real estate taxation for | 21 | | any portion of the immediately preceding levy year, multiplied | 22 | | by the equalization factor issued by the Department under | 23 | | Section 17-30. | 24 | | "Recovered tax increment value" means the amount of the | 25 | | current year's equalized assessed value, in the first year | 26 | | after a city terminates the designation of an area as a |
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| 1 | | redevelopment project area previously established under the | 2 | | Tax Increment Allocation Development Act of the Illinois | 3 | | Municipal Code, previously established under the Industrial | 4 | | Jobs Recovery Law of the Illinois Municipal Code, or previously | 5 | | established under the Economic Development Area Tax Increment | 6 | | Allocation Act, of each taxable lot, block, tract, or parcel of | 7 | | real property in the redevelopment project area over and above | 8 | | the initial equalized assessed value of each property in the | 9 | | redevelopment project area. | 10 | | Except as otherwise provided in this Division, "limiting | 11 | | rate" means a fraction the numerator of which is the aggregate | 12 | | extension base and the denominator of which is the current | 13 | | year's equalized assessed value of all real property in the | 14 | | territory under the jurisdiction of the township during the | 15 | | 2013 levy year. The denominator shall not include new property | 16 | | and shall not include the recovered tax increment value. | 17 | | "Natural disaster" means an occurrence of widespread or | 18 | | severe damage or loss of property resulting from any | 19 | | catastrophic cause including, but not limited to, fire, flood, | 20 | | earthquake, wind, storm, or extended period of severe inclement | 21 | | weather. | 22 | | "Proclaimed natural disaster" means a natural disaster | 23 | | that has been proclaimed as such by the Governor or the | 24 | | President of the United States. | 25 | | (35 ILCS 200/18-285 new) |
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| 1 | | Sec. 18-285. Township extensions. | 2 | | (a) Notwithstanding any other provision of law, in counties | 3 | | under township organization that are subject to the Property | 4 | | Tax Extension Limitation Law, for the 2014 levy year, for those | 5 | | townships with a population of 100,000 or less, according to | 6 | | the most recent federal decennial census, for which the county | 7 | | clerk extended taxes for any funds included in the aggregate | 8 | | extension base for the 2013 levy year, the county clerk shall | 9 | | extend a rate for the sum of the funds in the township's | 10 | | aggregate extension base that is no greater than the limiting | 11 | | rate. Notwithstanding any other provision of law, except as | 12 | | provided in subsection (b), this Section limits the increase in | 13 | | the township's 2014 aggregate extension to 0%. Notwithstanding | 14 | | any other provision of law, this Section does not apply to | 15 | | townships located in any county in which a proclaimed natural | 16 | | disaster occurred at any time during calendar year 2013. | 17 | | Notwithstanding any other provision of law, this Section does | 18 | | not apply to the following townships: Orland, Bloom, Rich, | 19 | | Stickney, Calumet, Berwyn, Cicero, Hanover, Leyden, Oak Park, | 20 | | River Forest, and Riverside in Cook County; Addison, | 21 | | Naperville, and Wayne in DuPage County; Antioch, Avon, Benton, | 22 | | Cuba, Ela, Fremont, Grant, Lake Villa, Libertyville, Moraine, | 23 | | Newport, Shields, Vernon, Warren, Wauconda, Waukegan, and West | 24 | | Deerfield in Lake County; Channahon, DuPage, Jackson, | 25 | | Lockport, Plainfield, Troy, and Wheatland in Will County; | 26 | | Belvidere in Boone County; and Kendall and Oswego in Kendall |
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| 1 | | County. | 2 | | (b) If and only if the township obtains referendum approval | 3 | | for an increased limiting rate under Section 18-290, then the | 4 | | county clerk shall extend a rate for the sum of the funds in | 5 | | the township's aggregate extension base that is no greater than | 6 | | the increased limiting rate. | 7 | | (c) If the county clerk is required to reduce the aggregate | 8 | | extension of a township under the provisions of this Division, | 9 | | then the county clerk shall proportionally reduce the extension | 10 | | for each fund included in the aggregate extension, unless a | 11 | | different method of reduction is requested by the township. | 12 | | (35 ILCS 200/18-290 new) | 13 | | Sec. 18-290. Increased limiting rate. A township that is | 14 | | subject to the limitation set forth in Section 18-285 may | 15 | | increase its limiting rate for the 2014 levy year if and only | 16 | | if the township submits the question at referendum before the | 17 | | levy date for the applicable year, and if a majority of voters | 18 | | voting on the issue approves adoption of the increased limiting | 19 | | rate. Referenda shall be conducted at a regularly scheduled | 20 | | election in accordance with the Election Code. The question | 21 | | shall be presented in substantially the following manner: | 22 | | Shall the limiting rate under the Township Property Tax | 23 | | Extension Freeze Law for (township), Illinois, be | 24 | | increased to (increased limiting rate)? | 25 | | Votes shall be recorded as "Yes" or "No".
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| 1 | | Section 90. The State Mandates Act is amended by adding | 2 | | Section 8.38 as follows: | 3 | | (30 ILCS 805/8.38 new) | 4 | | Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8 | 5 | | of this Act, no reimbursement by the State is required for the | 6 | | implementation of any mandate created by this amendatory Act of | 7 | | the 98th General Assembly. | 8 | | Section 99. Effective date. This Act takes effect upon | 9 | | becoming law.".
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