Illinois General Assembly - Full Text of SB0690
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Full Text of SB0690  101st General Assembly

SB0690sam001 101ST GENERAL ASSEMBLY

Sen. Andy Manar

Filed: 4/30/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 690

2    AMENDMENT NO. ______. Amend Senate Bill 690 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Sections 18-185, 18-205, and 18-214 as follows:
 
6    (35 ILCS 200/18-185)
7    Sec. 18-185. Short title; definitions. This Division 5 may
8be cited as the Property Tax Extension Limitation Law. As used
9in this Division 5:
10    "Consumer Price Index" means the Consumer Price Index for
11All Urban Consumers for all items published by the United
12States Department of Labor.
13    "Extension limitation", except as otherwise provided in
14this paragraph, means (a) the lesser of 5% or the percentage
15increase in the Consumer Price Index during the 12-month
16calendar year preceding the levy year or (b) the rate of

 

 

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1increase approved by voters under Section 18-205. Beginning in
2levy year 2022, for taxing districts that are school districts
3other than qualified school districts, "extension limitation"
4means 0% or the rate of increase approved by the voters under
5Section 18-205, except that, if a special purpose extension (i)
6made for the payment of principal and interest on bonds or
7other evidences of indebtedness issued by the taxing district
8or (ii) made for contributions to a pension fund created under
9the Illinois Pension Code was required to be included in a
10school district's aggregate extension for the 2021 levy year,
11then the extension limitation for that extension shall be (a)
12the lesser of 5% or the percentage increase in the Consumer
13Price Index during the 12-month calendar year preceding the
14levy year or (b) the rate of increase approved by voters under
15Section 18-205.
16    "Affected county" means a county of 3,000,000 or more
17inhabitants or a county contiguous to a county of 3,000,000 or
18more inhabitants.
19    "Taxing district" has the same meaning provided in Section
201-150, except as otherwise provided in this Section. For the
211991 through 1994 levy years only, "taxing district" includes
22only each non-home rule taxing district having the majority of
23its 1990 equalized assessed value within any county or counties
24contiguous to a county with 3,000,000 or more inhabitants.
25Beginning with the 1995 levy year, "taxing district" includes
26only each non-home rule taxing district subject to this Law

 

 

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1before the 1995 levy year and each non-home rule taxing
2district not subject to this Law before the 1995 levy year
3having the majority of its 1994 equalized assessed value in an
4affected county or counties. Beginning with the levy year in
5which this Law becomes applicable to a taxing district as
6provided in Section 18-213, "taxing district" also includes
7those taxing districts made subject to this Law as provided in
8Section 18-213. Beginning in levy year 2022, "taxing district"
9also includes each school district in the State, but does not
10include a qualified school district that was not subject to
11this Law in the 2021 levy year.
12    "Aggregate extension" for taxing districts to which this
13Law applied before the 1995 levy year means the annual
14corporate extension for the taxing district and those special
15purpose extensions that are made annually for the taxing
16district, excluding special purpose extensions: (a) made for
17the taxing district to pay interest or principal on general
18obligation bonds that were approved by referendum; (b) made for
19any taxing district to pay interest or principal on general
20obligation bonds issued before October 1, 1991; (c) made for
21any taxing district to pay interest or principal on bonds
22issued to refund or continue to refund those bonds issued
23before October 1, 1991; (d) made for any taxing district to pay
24interest or principal on bonds issued to refund or continue to
25refund bonds issued after October 1, 1991 that were approved by
26referendum; (e) made for any taxing district to pay interest or

 

 

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1principal on revenue bonds issued before October 1, 1991 for
2payment of which a property tax levy or the full faith and
3credit of the unit of local government is pledged; however, a
4tax for the payment of interest or principal on those bonds
5shall be made only after the governing body of the unit of
6local government finds that all other sources for payment are
7insufficient to make those payments; (f) made for payments
8under a building commission lease when the lease payments are
9for the retirement of bonds issued by the commission before
10October 1, 1991, to pay for the building project; (g) made for
11payments due under installment contracts entered into before
12October 1, 1991; (h) made for payments of principal and
13interest on bonds issued under the Metropolitan Water
14Reclamation District Act to finance construction projects
15initiated before October 1, 1991; (i) made for payments of
16principal and interest on limited bonds, as defined in Section
173 of the Local Government Debt Reform Act, in an amount not to
18exceed the debt service extension base less the amount in items
19(b), (c), (e), and (h) of this definition for non-referendum
20obligations, except obligations initially issued pursuant to
21referendum; (j) made for payments of principal and interest on
22bonds issued under Section 15 of the Local Government Debt
23Reform Act; (k) made by a school district that participates in
24the Special Education District of Lake County, created by
25special education joint agreement under Section 10-22.31 of the
26School Code, for payment of the school district's share of the

 

 

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1amounts required to be contributed by the Special Education
2District of Lake County to the Illinois Municipal Retirement
3Fund under Article 7 of the Illinois Pension Code; the amount
4of any extension under this item (k) shall be certified by the
5school district to the county clerk; (l) made to fund expenses
6of providing joint recreational programs for persons with
7disabilities under Section 5-8 of the Park District Code or
8Section 11-95-14 of the Illinois Municipal Code; (m) made for
9temporary relocation loan repayment purposes pursuant to
10Sections 2-3.77 and 17-2.2d of the School Code; (n) made for
11payment of principal and interest on any bonds issued under the
12authority of Section 17-2.2d of the School Code; (o) made for
13contributions to a firefighter's pension fund created under
14Article 4 of the Illinois Pension Code, to the extent of the
15amount certified under item (5) of Section 4-134 of the
16Illinois Pension Code; and (p) made for road purposes in the
17first year after a township assumes the rights, powers, duties,
18assets, property, liabilities, obligations, and
19responsibilities of a road district abolished under the
20provisions of Section 6-133 of the Illinois Highway Code.
21Beginning in levy year 2022, this definition of "aggregate
22extension" applies to each school district that was subject to
23this definition of "aggregate extension" for the 2021 levy
24year.
25    "Aggregate extension" for the taxing districts to which
26this Law did not apply before the 1995 levy year (except taxing

 

 

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1districts subject to this Law in accordance with Section
218-213) means the annual corporate extension for the taxing
3district and those special purpose extensions that are made
4annually for the taxing district, excluding special purpose
5extensions: (a) made for the taxing district to pay interest or
6principal on general obligation bonds that were approved by
7referendum; (b) made for any taxing district to pay interest or
8principal on general obligation bonds issued before March 1,
91995; (c) made for any taxing district to pay interest or
10principal on bonds issued to refund or continue to refund those
11bonds issued before March 1, 1995; (d) made for any taxing
12district to pay interest or principal on bonds issued to refund
13or continue to refund bonds issued after March 1, 1995 that
14were approved by referendum; (e) made for any taxing district
15to pay interest or principal on revenue bonds issued before
16March 1, 1995 for payment of which a property tax levy or the
17full faith and credit of the unit of local government is
18pledged; however, a tax for the payment of interest or
19principal on those bonds shall be made only after the governing
20body of the unit of local government finds that all other
21sources for payment are insufficient to make those payments;
22(f) made for payments under a building commission lease when
23the lease payments are for the retirement of bonds issued by
24the commission before March 1, 1995 to pay for the building
25project; (g) made for payments due under installment contracts
26entered into before March 1, 1995; (h) made for payments of

 

 

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1principal and interest on bonds issued under the Metropolitan
2Water Reclamation District Act to finance construction
3projects initiated before October 1, 1991; (h-4) made for
4stormwater management purposes by the Metropolitan Water
5Reclamation District of Greater Chicago under Section 12 of the
6Metropolitan Water Reclamation District Act; (i) made for
7payments of principal and interest on limited bonds, as defined
8in Section 3 of the Local Government Debt Reform Act, in an
9amount not to exceed the debt service extension base less the
10amount in items (b), (c), and (e) of this definition for
11non-referendum obligations, except obligations initially
12issued pursuant to referendum and bonds described in subsection
13(h) of this definition; (j) made for payments of principal and
14interest on bonds issued under Section 15 of the Local
15Government Debt Reform Act; (k) made for payments of principal
16and interest on bonds authorized by Public Act 88-503 and
17issued under Section 20a of the Chicago Park District Act for
18aquarium or museum projects; (l) made for payments of principal
19and interest on bonds authorized by Public Act 87-1191 or
2093-601 and (i) issued pursuant to Section 21.2 of the Cook
21County Forest Preserve District Act, (ii) issued under Section
2242 of the Cook County Forest Preserve District Act for
23zoological park projects, or (iii) issued under Section 44.1 of
24the Cook County Forest Preserve District Act for botanical
25gardens projects; (m) made pursuant to Section 34-53.5 of the
26School Code, whether levied annually or not; (n) made to fund

 

 

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1expenses of providing joint recreational programs for persons
2with disabilities under Section 5-8 of the Park District Code
3or Section 11-95-14 of the Illinois Municipal Code; (o) made by
4the Chicago Park District for recreational programs for persons
5with disabilities under subsection (c) of Section 7.06 of the
6Chicago Park District Act; (p) made for contributions to a
7firefighter's pension fund created under Article 4 of the
8Illinois Pension Code, to the extent of the amount certified
9under item (5) of Section 4-134 of the Illinois Pension Code;
10(q) made by Ford Heights School District 169 under Section
1117-9.02 of the School Code; and (r) made for the purpose of
12making employer contributions to the Public School Teachers'
13Pension and Retirement Fund of Chicago under Section 34-53 of
14the School Code. Beginning in levy year 2022, this definition
15of "aggregate extension" applies to each school district that
16was subject to this definition of "aggregate extension" for the
172021 levy year.
18    "Aggregate extension" for all taxing districts to which
19this Law applies in accordance with Section 18-213, except for
20those taxing districts subject to paragraph (2) of subsection
21(e) of Section 18-213, means the annual corporate extension for
22the taxing district and those special purpose extensions that
23are made annually for the taxing district, excluding special
24purpose extensions: (a) made for the taxing district to pay
25interest or principal on general obligation bonds that were
26approved by referendum; (b) made for any taxing district to pay

 

 

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1interest or principal on general obligation bonds issued before
2the date on which the referendum making this Law applicable to
3the taxing district is held; (c) made for any taxing district
4to pay interest or principal on bonds issued to refund or
5continue to refund those bonds issued before the date on which
6the referendum making this Law applicable to the taxing
7district is held; (d) made for any taxing district to pay
8interest or principal on bonds issued to refund or continue to
9refund bonds issued after the date on which the referendum
10making this Law applicable to the taxing district is held if
11the bonds were approved by referendum after the date on which
12the referendum making this Law applicable to the taxing
13district is held; (e) made for any taxing district to pay
14interest or principal on revenue bonds issued before the date
15on which the referendum making this Law applicable to the
16taxing district is held for payment of which a property tax
17levy or the full faith and credit of the unit of local
18government is pledged; however, a tax for the payment of
19interest or principal on those bonds shall be made only after
20the governing body of the unit of local government finds that
21all other sources for payment are insufficient to make those
22payments; (f) made for payments under a building commission
23lease when the lease payments are for the retirement of bonds
24issued by the commission before the date on which the
25referendum making this Law applicable to the taxing district is
26held to pay for the building project; (g) made for payments due

 

 

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1under installment contracts entered into before the date on
2which the referendum making this Law applicable to the taxing
3district is held; (h) made for payments of principal and
4interest on limited bonds, as defined in Section 3 of the Local
5Government Debt Reform Act, in an amount not to exceed the debt
6service extension base less the amount in items (b), (c), and
7(e) of this definition for non-referendum obligations, except
8obligations initially issued pursuant to referendum; (i) made
9for payments of principal and interest on bonds issued under
10Section 15 of the Local Government Debt Reform Act; (j) made
11for a qualified airport authority to pay interest or principal
12on general obligation bonds issued for the purpose of paying
13obligations due under, or financing airport facilities
14required to be acquired, constructed, installed or equipped
15pursuant to, contracts entered into before March 1, 1996 (but
16not including any amendments to such a contract taking effect
17on or after that date); (k) made to fund expenses of providing
18joint recreational programs for persons with disabilities
19under Section 5-8 of the Park District Code or Section 11-95-14
20of the Illinois Municipal Code; (l) made for contributions to a
21firefighter's pension fund created under Article 4 of the
22Illinois Pension Code, to the extent of the amount certified
23under item (5) of Section 4-134 of the Illinois Pension Code;
24and (m) made for the taxing district to pay interest or
25principal on general obligation bonds issued pursuant to
26Section 19-3.10 of the School Code. Beginning in levy year

 

 

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12022, this definition of "aggregate extension" applies to each
2school district that was subject to this definition of
3"aggregate extension" for the 2021 levy year.
4    "Aggregate extension" for all taxing districts to which
5this Law applies in accordance with paragraph (2) of subsection
6(e) of Section 18-213 means the annual corporate extension for
7the taxing district and those special purpose extensions that
8are made annually for the taxing district, excluding special
9purpose extensions: (a) made for the taxing district to pay
10interest or principal on general obligation bonds that were
11approved by referendum; (b) made for any taxing district to pay
12interest or principal on general obligation bonds issued before
13the effective date of this amendatory Act of 1997; (c) made for
14any taxing district to pay interest or principal on bonds
15issued to refund or continue to refund those bonds issued
16before the effective date of this amendatory Act of 1997; (d)
17made for any taxing district to pay interest or principal on
18bonds issued to refund or continue to refund bonds issued after
19the effective date of this amendatory Act of 1997 if the bonds
20were approved by referendum after the effective date of this
21amendatory Act of 1997; (e) made for any taxing district to pay
22interest or principal on revenue bonds issued before the
23effective date of this amendatory Act of 1997 for payment of
24which a property tax levy or the full faith and credit of the
25unit of local government is pledged; however, a tax for the
26payment of interest or principal on those bonds shall be made

 

 

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1only after the governing body of the unit of local government
2finds that all other sources for payment are insufficient to
3make those payments; (f) made for payments under a building
4commission lease when the lease payments are for the retirement
5of bonds issued by the commission before the effective date of
6this amendatory Act of 1997 to pay for the building project;
7(g) made for payments due under installment contracts entered
8into before the effective date of this amendatory Act of 1997;
9(h) made for payments of principal and interest on limited
10bonds, as defined in Section 3 of the Local Government Debt
11Reform Act, in an amount not to exceed the debt service
12extension base less the amount in items (b), (c), and (e) of
13this definition for non-referendum obligations, except
14obligations initially issued pursuant to referendum; (i) made
15for payments of principal and interest on bonds issued under
16Section 15 of the Local Government Debt Reform Act; (j) made
17for a qualified airport authority to pay interest or principal
18on general obligation bonds issued for the purpose of paying
19obligations due under, or financing airport facilities
20required to be acquired, constructed, installed or equipped
21pursuant to, contracts entered into before March 1, 1996 (but
22not including any amendments to such a contract taking effect
23on or after that date); (k) made to fund expenses of providing
24joint recreational programs for persons with disabilities
25under Section 5-8 of the Park District Code or Section 11-95-14
26of the Illinois Municipal Code; and (l) made for contributions

 

 

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1to a firefighter's pension fund created under Article 4 of the
2Illinois Pension Code, to the extent of the amount certified
3under item (5) of Section 4-134 of the Illinois Pension Code.
4Beginning in levy year 2022, this definition of "aggregate
5extension" applies to each school district that was subject to
6this definition of "aggregate extension" for the 2021 levy
7year.
8    "Aggregate extension", for school districts that were not
9subject to this Law in the 2021 levy year, means the annual
10corporate extension for the school district and those special
11purpose extensions that are made annually for the taxing
12district, excluding special purpose extensions: (a) made for
13the payment of principal and interest on bonds or other
14evidences of indebtedness issued by the school district; or (b)
15made for contributions to a pension fund created under the
16Illinois Pension Code.
17    "Debt service extension base" means an amount equal to that
18portion of the extension for a taxing district for the 1994
19levy year, or for those taxing districts subject to this Law in
20accordance with Section 18-213, except for those subject to
21paragraph (2) of subsection (e) of Section 18-213, for the levy
22year in which the referendum making this Law applicable to the
23taxing district is held, or for those taxing districts subject
24to this Law in accordance with paragraph (2) of subsection (e)
25of Section 18-213 for the 1996 levy year, or, for those school
26districts that are subject to this Law as a result of this

 

 

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1amendatory Act of the 101st General Assembly, for the 2021 levy
2year, constituting an extension for payment of principal and
3interest on bonds issued by the taxing district without
4referendum, but not including excluded non-referendum bonds.
5For park districts (i) that were first subject to this Law in
61991 or 1995 and (ii) whose extension for the 1994 levy year
7for the payment of principal and interest on bonds issued by
8the park district without referendum (but not including
9excluded non-referendum bonds) was less than 51% of the amount
10for the 1991 levy year constituting an extension for payment of
11principal and interest on bonds issued by the park district
12without referendum (but not including excluded non-referendum
13bonds), "debt service extension base" means an amount equal to
14that portion of the extension for the 1991 levy year
15constituting an extension for payment of principal and interest
16on bonds issued by the park district without referendum (but
17not including excluded non-referendum bonds). A debt service
18extension base established or increased at any time pursuant to
19any provision of this Law, except Section 18-212, shall be
20increased each year commencing with the later of (i) the 2009
21levy year or (ii) the first levy year in which this Law becomes
22applicable to the taxing district, by the lesser of 5% or the
23percentage increase in the Consumer Price Index during the
2412-month calendar year preceding the levy year. The debt
25service extension base may be established or increased as
26provided under Section 18-212. "Excluded non-referendum bonds"

 

 

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1means (i) bonds authorized by Public Act 88-503 and issued
2under Section 20a of the Chicago Park District Act for aquarium
3and museum projects; (ii) bonds issued under Section 15 of the
4Local Government Debt Reform Act; or (iii) refunding
5obligations issued to refund or to continue to refund
6obligations initially issued pursuant to referendum.
7    "Special purpose extensions" include, but are not limited
8to, extensions for levies made on an annual basis for
9unemployment and workers' compensation, self-insurance,
10contributions to pension plans, and extensions made pursuant to
11Section 6-601 of the Illinois Highway Code for a road
12district's permanent road fund whether levied annually or not.
13The extension for a special service area is not included in the
14aggregate extension.
15    "Aggregate extension base" means the taxing district's
16last preceding aggregate extension as adjusted under Sections
1718-135, 18-215, 18-230, and 18-206. An adjustment under Section
1818-135 shall be made for the 2007 levy year and all subsequent
19levy years whenever one or more counties within which a taxing
20district is located (i) used estimated valuations or rates when
21extending taxes in the taxing district for the last preceding
22levy year that resulted in the over or under extension of
23taxes, or (ii) increased or decreased the tax extension for the
24last preceding levy year as required by Section 18-135(c).
25Whenever an adjustment is required under Section 18-135, the
26aggregate extension base of the taxing district shall be equal

 

 

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1to the amount that the aggregate extension of the taxing
2district would have been for the last preceding levy year if
3either or both (i) actual, rather than estimated, valuations or
4rates had been used to calculate the extension of taxes for the
5last levy year, or (ii) the tax extension for the last
6preceding levy year had not been adjusted as required by
7subsection (c) of Section 18-135.
8    Notwithstanding any other provision of law, for levy year
92012, the aggregate extension base for West Northfield School
10District No. 31 in Cook County shall be $12,654,592.
11    "Levy year" has the same meaning as "year" under Section
121-155.
13    "New property" means (i) the assessed value, after final
14board of review or board of appeals action, of new improvements
15or additions to existing improvements on any parcel of real
16property that increase the assessed value of that real property
17during the levy year multiplied by the equalization factor
18issued by the Department under Section 17-30, (ii) the assessed
19value, after final board of review or board of appeals action,
20of real property not exempt from real estate taxation, which
21real property was exempt from real estate taxation for any
22portion of the immediately preceding levy year, multiplied by
23the equalization factor issued by the Department under Section
2417-30, including the assessed value, upon final stabilization
25of occupancy after new construction is complete, of any real
26property located within the boundaries of an otherwise or

 

 

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1previously exempt military reservation that is intended for
2residential use and owned by or leased to a private corporation
3or other entity, (iii) in counties that classify in accordance
4with Section 4 of Article IX of the Illinois Constitution, an
5incentive property's additional assessed value resulting from
6a scheduled increase in the level of assessment as applied to
7the first year final board of review market value, and (iv) any
8increase in assessed value due to oil or gas production from an
9oil or gas well required to be permitted under the Hydraulic
10Fracturing Regulatory Act that was not produced in or accounted
11for during the previous levy year. In addition, the county
12clerk in a county containing a population of 3,000,000 or more
13shall include in the 1997 recovered tax increment value for any
14school district, any recovered tax increment value that was
15applicable to the 1995 tax year calculations.
16    "Qualified airport authority" means an airport authority
17organized under the Airport Authorities Act and located in a
18county bordering on the State of Wisconsin and having a
19population in excess of 200,000 and not greater than 500,000.
20    "Qualified school district" means a school district that
21certifies to the county clerk of the county in which the school
22district is located by October 15 immediately preceding the
23first day of the levy year that the district meets either of
24the following criteria:
25        (1) the school district submitted a claim or claims to
26    the Illinois State Board of Education for reimbursement of

 

 

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1    State mandated categoricals, as provided in the School
2    Breakfast and Lunch Program Act or Section 14-7.02,
3    14-7.03, 14-13.01, 18-3, or 29-5 of the School Code, for
4    the school fiscal year immediately preceding the levy year,
5    and the aggregate amount of reimbursement for those State
6    mandated categoricals for that school fiscal year was less
7    than 97% of the district's claims as certified by the State
8    Board of Education pursuant to Section 18-21 of the School
9    Code; or
10        (2) the school district did not receive the minimum
11    funding required for that school district under the
12    evidence-based funding formula set forth in Section
13    18-8.15 of the School Code for the school fiscal year
14    immediately preceding the levy year.
15    "Recovered tax increment value" means, except as otherwise
16provided in this paragraph, the amount of the current year's
17equalized assessed value, in the first year after a
18municipality terminates the designation of an area as a
19redevelopment project area previously established under the
20Tax Increment Allocation Development Act in the Illinois
21Municipal Code, previously established under the Industrial
22Jobs Recovery Law in the Illinois Municipal Code, previously
23established under the Economic Development Project Area Tax
24Increment Act of 1995, or previously established under the
25Economic Development Area Tax Increment Allocation Act, of each
26taxable lot, block, tract, or parcel of real property in the

 

 

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1redevelopment project area over and above the initial equalized
2assessed value of each property in the redevelopment project
3area. For the taxes which are extended for the 1997 levy year,
4the recovered tax increment value for a non-home rule taxing
5district that first became subject to this Law for the 1995
6levy year because a majority of its 1994 equalized assessed
7value was in an affected county or counties shall be increased
8if a municipality terminated the designation of an area in 1993
9as a redevelopment project area previously established under
10the Tax Increment Allocation Development Act in the Illinois
11Municipal Code, previously established under the Industrial
12Jobs Recovery Law in the Illinois Municipal Code, or previously
13established under the Economic Development Area Tax Increment
14Allocation Act, by an amount equal to the 1994 equalized
15assessed value of each taxable lot, block, tract, or parcel of
16real property in the redevelopment project area over and above
17the initial equalized assessed value of each property in the
18redevelopment project area. In the first year after a
19municipality removes a taxable lot, block, tract, or parcel of
20real property from a redevelopment project area established
21under the Tax Increment Allocation Development Act in the
22Illinois Municipal Code, the Industrial Jobs Recovery Law in
23the Illinois Municipal Code, or the Economic Development Area
24Tax Increment Allocation Act, "recovered tax increment value"
25means the amount of the current year's equalized assessed value
26of each taxable lot, block, tract, or parcel of real property

 

 

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1removed from the redevelopment project area over and above the
2initial equalized assessed value of that real property before
3removal from the redevelopment project area.
4    Except as otherwise provided in this Section, "limiting
5rate" means a fraction the numerator of which is the last
6preceding aggregate extension base times an amount equal to one
7plus the extension limitation defined in this Section and the
8denominator of which is the current year's equalized assessed
9value of all real property in the territory under the
10jurisdiction of the taxing district during the prior levy year.
11For those taxing districts that reduced their aggregate
12extension for the last preceding levy year, except for school
13districts that reduced their extension for educational
14purposes pursuant to Section 18-206, the highest aggregate
15extension in any of the last 3 preceding levy years shall be
16used for the purpose of computing the limiting rate. The
17denominator shall not include new property or the recovered tax
18increment value. If a new rate, a rate decrease, or a limiting
19rate increase has been approved at an election held after March
2021, 2006, then (i) the otherwise applicable limiting rate shall
21be increased by the amount of the new rate or shall be reduced
22by the amount of the rate decrease, as the case may be, or (ii)
23in the case of a limiting rate increase, the limiting rate
24shall be equal to the rate set forth in the proposition
25approved by the voters for each of the years specified in the
26proposition, after which the limiting rate of the taxing

 

 

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1district shall be calculated as otherwise provided. In the case
2of a taxing district that obtained referendum approval for an
3increased limiting rate on March 20, 2012, the limiting rate
4for tax year 2012 shall be the rate that generates the
5approximate total amount of taxes extendable for that tax year,
6as set forth in the proposition approved by the voters; this
7rate shall be the final rate applied by the county clerk for
8the aggregate of all capped funds of the district for tax year
92012.
10(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;
11100-465, eff. 8-31-17.)
 
12    (35 ILCS 200/18-205)
13    Sec. 18-205. Referendum to increase the extension
14limitation. A taxing district is limited to an extension
15limitation as provided in Section 18-185 of 5% or the
16percentage increase in the Consumer Price Index during the
1712-month calendar year preceding the levy year, whichever is
18less. A taxing district may increase its extension limitation
19for one or more levy years if that taxing district holds a
20referendum before the levy date for the first levy year at
21which a majority of voters voting on the issue approves
22adoption of a higher extension limitation. Referenda shall be
23conducted at a regularly scheduled election in accordance with
24the Election Code. The question shall be presented in
25substantially the following manner for all elections held after

 

 

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1March 21, 2006:
2        Shall the extension limitation under the Property Tax
3    Extension Limitation Law for (insert the legal name,
4    number, if any, and county or counties of the taxing
5    district and geographic or other common name by which a
6    school or community college district is known and referred
7    to), Illinois, be increased from (the applicable extension
8    limitation set forth in Section 18-185) the lesser of 5% or
9    the percentage increase in the Consumer Price Index over
10    the prior levy year to (insert the percentage of the
11    proposed increase)% per year for (insert each levy year for
12    which the increased extension limitation will apply)?
13The votes must be recorded as "Yes" or "No".
14If a majority of voters voting on the issue approves the
15adoption of the increase, the increase shall be applicable for
16each levy year specified.
17    The ballot for any question submitted pursuant to this
18Section shall have printed thereon, but not as a part of the
19question submitted, only the following supplemental
20information (which shall be supplied to the election authority
21by the taxing district) in substantially the following form:
22        (1) For the (insert the first levy year for which the
23    increased extension limitation will be applicable) levy
24    year the approximate amount of the additional tax
25    extendable against property containing a single family
26    residence and having a fair market value at the time of the

 

 

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1    referendum of $100,000 is estimated to be $....
2        (2) Based upon an average annual percentage increase
3    (or decrease) in the market value of such property of ...%
4    (insert percentage equal to the average annual percentage
5    increase or decrease for the prior 3 levy years, at the
6    time the submission of the question is initiated by the
7    taxing district, in the amount of (A) the equalized
8    assessed value of the taxable property in the taxing
9    district less (B) the new property included in the
10    equalized assessed value), the approximate amount of the
11    additional tax extendable against such property for the ...
12    levy year is estimated to be $... and for the ... levy year
13    is estimated to be $....
14    Paragraph (2) shall be included only if the increased
15extension limitation will be applicable for more than one year
16and shall list each levy year for which the increased extension
17limitation will be applicable. The additional tax shown for
18each levy year shall be the approximate dollar amount of the
19increase over the amount of the most recently completed
20extension at the time the submission of the question is
21initiated by the taxing district. The approximate amount of the
22additional tax extendable shown in paragraphs (1) and (2) shall
23be calculated by multiplying $100,000 (the fair market value of
24the property without regard to any property tax exemptions) by
25(i) the percentage level of assessment prescribed for that
26property by statute, or by ordinance of the county board in

 

 

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1counties that classify property for purposes of taxation in
2accordance with Section 4 of Article IX of the Illinois
3Constitution; (ii) the most recent final equalization factor
4certified to the county clerk by the Department of Revenue at
5the time the taxing district initiates the submission of the
6proposition to the electors; (iii) the last known aggregate
7extension base of the taxing district at the time the
8submission of the question is initiated by the taxing district;
9and (iv) the difference between the percentage increase
10proposed in the question and the (otherwise applicable
11extension limitation under Section 18-185) lesser of 5% or the
12percentage increase in the Consumer Price Index for the prior
13levy year (or an estimate of the percentage increase for the
14prior levy year if the increase is unavailable at the time the
15submission of the question is initiated by the taxing
16district); and dividing the result by the last known equalized
17assessed value of the taxing district at the time the
18submission of the question is initiated by the taxing district.
19This amendatory Act of the 97th General Assembly is intended to
20clarify the existing requirements of this Section, and shall
21not be construed to validate any prior non-compliant referendum
22language. Any notice required to be published in connection
23with the submission of the question shall also contain this
24supplemental information and shall not contain any other
25supplemental information. Any error, miscalculation, or
26inaccuracy in computing any amount set forth on the ballot or

 

 

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1in the notice that is not deliberate shall not invalidate or
2affect the validity of any proposition approved. Notice of the
3referendum shall be published and posted as otherwise required
4by law, and the submission of the question shall be initiated
5as provided by law.
6(Source: P.A. 97-1087, eff. 8-24-12.)
 
7    (35 ILCS 200/18-214)
8    Sec. 18-214. Referenda on removal of the applicability of
9the Property Tax Extension Limitation Law to non-home rule
10taxing districts.
11    (a) The provisions of this Section do not apply to a taxing
12district that is subject to this Law because a majority of its
131990 equalized assessed value is in a county or counties
14contiguous to a county of 3,000,000 or more inhabitants, or
15because a majority of its 1994 equalized assessed value is in
16an affected county and the taxing district was not subject to
17this Law before the 1995 levy year. The provisions of this
18Section do not apply to a school district that is not a
19qualified school district.
20    (b) For purposes of this Section only:
21    "Taxing district" means any non-home rule taxing district
22that became subject to this Law under Section 18-213 of this
23Law.
24    "Equalized assessed valuation" means the equalized
25assessed valuation for a taxing district for the immediately

 

 

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1preceding levy year.
2    (c) The county board of a county that became subject to
3this Law by a referendum approved by the voters of the county
4under Section 18-213 may, by ordinance or resolution, in the
5manner set forth in this Section, submit to the voters of the
6county the question of whether this Law applies to all non-home
7rule taxing districts that have all or a portion of their
8equalized assessed valuation situated in the county in the
9manner set forth in this Section.
10    (d) The ordinance or resolution shall request the
11submission of the proposition at any election, except a
12consolidated primary election, for the purpose of voting for or
13against the continued application of the Property Tax Extension
14Limitation Law to all non-home rule taxing districts that have
15all or a portion of their equalized assessed valuation situated
16in the county.
17    The question shall be placed on a separate ballot and shall
18be in substantially the following form:
19        Shall the Property Tax Extension Limitation Law (35
20    ILCS 200/18-185 through 35 ILCS 200/18-245), which limits
21    annual property tax extension increases, apply to non-home
22    rule taxing districts with all or a portion of their
23    equalized assessed valuation located in (name of county)?
24Votes on the question shall be recorded as "yes" or "no".
25    (e) The county clerk shall order the proposition submitted
26to the electors of the county at the election specified in the

 

 

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1ordinance or resolution. If part of the county is under the
2jurisdiction of a board or boards of election commissioners,
3the county clerk shall submit a certified copy of the ordinance
4or resolution to each board of election commissioners, which
5shall order the proposition submitted to the electors of the
6taxing district within its jurisdiction at the election
7specified in the ordinance or resolution.
8    (f) With respect to taxing districts having all of their
9equalized assessed valuation located in one county, if a
10majority of the votes cast on the proposition are against the
11proposition, then this Law shall not apply to the taxing
12district beginning on January 1 of the year following the date
13of the referendum.
14    (g) With respect to taxing districts that do not have all
15of their equalized assessed valuation located in a single
16county, if both of the following conditions are met, then this
17Law shall no longer apply to the taxing district beginning on
18January 1 of the year following the date of the referendum.
19        (1) Each county in which the district has any equalized
20    assessed valuation must either, (i) have held a referendum
21    under this Section, (ii) be an affected county, or (iii)
22    have held a referendum under Section 18-213 at which the
23    voters rejected the proposition at the most recent election
24    at which the question was on the ballot in the county.
25        (2) The majority of the equalized assessed valuation of
26    the taxing district, other than any equalized assessed

 

 

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1    valuation in an affected county, is in one or more counties
2    in which the voters rejected the proposition. For purposes
3    of this Section, in determining whether a majority of the
4    equalized assessed valuation of the taxing district is
5    located in one or more counties in which the voters have
6    rejected the proposition under this Section, the equalized
7    assessed valuation of any taxing district in a county which
8    has held a referendum under Section 18-213 at which the
9    voters rejected that proposition, at the most recent
10    election at which the question was on the ballot in the
11    county, will be included with the equalized assessed value
12    of the taxing district in counties in which the voters have
13    rejected the referendum held under this Section.
14    (h) Immediately after a referendum is held under this
15Section, the county clerk of the county holding the referendum
16shall give notice of the referendum having been held and its
17results to all taxing districts that have all or a portion of
18their equalized assessed valuation located in the county, the
19county clerk of any other county in which any of the equalized
20assessed valuation of any such taxing district is located, and
21the Department of Revenue. After the last referendum affecting
22a multi-county taxing district is held, the Department of
23Revenue shall determine whether the taxing district is no
24longer subject to this Law and, if the taxing district is no
25longer subject to this Law, the Department of Revenue shall
26notify the taxing district and the county clerks of all of the

 

 

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1counties in which a portion of the equalized assessed valuation
2of the taxing district is located that, beginning on January 1
3of the year following the date of the last referendum, the
4taxing district is no longer subject to this Law.
5(Source: P.A. 89-718, eff. 3-7-97.)
 
6    Section 10. The School Code is amended by adding Section
718-21 as follows:
 
8    (105 ILCS 5/18-21 new)
9    Sec. 18-21. Certifications to school districts. On or
10before September 30th of each year, the State Board shall
11certify to each school district whether or not the school
12district is eligible for designation as a qualified school
13district, based on the criteria set forth in Section 18-185 of
14the Property Tax Code.
 
15    Section 99. Effective date. This Act takes effect on
16January 1, 2021, but does not take effect at all unless Senate
17Joint Resolution Constitutional Amendment No. 1 of the 101st
18General Assembly is approved by the voters of the State prior
19to that date.".