Full Text of HB1166 94th General Assembly
HB1166 94TH GENERAL ASSEMBLY
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94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006 HB1166
Introduced 2/8/2005, by Rep. Frank J. Mautino SYNOPSIS AS INTRODUCED: |
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35 ILCS 200/18-55 |
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35 ILCS 200/18-60 |
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35 ILCS 200/18-65 |
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35 ILCS 200/18-70 |
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35 ILCS 200/18-72 |
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35 ILCS 200/18-85 |
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Amends the Truth in Taxation Law in the Property Tax Code. Deletes a provision that from January 1, 2000 through December 31,
2002, the term "taxing district" does not include taxing districts that have territory in Cook County. Deletes provisions excluding election costs from estimated or extended property tax levies. Makes other changes.
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FISCAL NOTE ACT MAY APPLY | |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
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A BILL FOR
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HB1166 |
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LRB094 09825 BDD 40081 b |
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing | 5 |
| Sections 18-55, 18-60, 18-65, 18-70, 18-72, and 18-85 as | 6 |
| follows:
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| (35 ILCS 200/18-55)
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| Sec. 18-55. Short title and definitions. This Division 2 | 9 |
| may be cited
as the Truth in Taxation Law. As used in this | 10 |
| Division 2:
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| (a) "Taxing district" has the meaning specified in Section | 12 |
| 1-150 and
includes home rule units , but from January 1, 2000 | 13 |
| through December 31,
2002 does not include taxing districts | 14 |
| that have territory in Cook County .
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| (b) "Aggregate levy" means the annual corporate levy of the | 16 |
| taxing
district and those special purpose levies which are made | 17 |
| annually (other
than debt service levies and levies made for | 18 |
| the purpose of paying amounts
due under public building | 19 |
| commission leases).
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| (c) "Special purpose levies" include, but are not limited | 21 |
| to, levies
made on an annual basis for contributions to pension | 22 |
| plans, unemployment
and worker's compensation, or | 23 |
| self-insurance.
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| (d) "Debt service" means levies made by any taxing district | 25 |
| pursuant to
home rule authority, statute, referendum, | 26 |
| ordinance, resolution, indenture,
agreement, or contract to | 27 |
| retire the principal or pay interest on bonds,
notes, | 28 |
| debentures or other financial instruments which evidence | 29 |
| indebtedness.
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| (Source: P.A. 91-357, eff. 7-29-99; 91-523, eff. 1-1-00.)
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| (35 ILCS 200/18-60)
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LRB094 09825 BDD 40081 b |
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| Sec. 18-60. Estimate of taxes to be levied. Not less than | 2 |
| 20 days prior to
the adoption of its aggregate levy, hereafter | 3 |
| referred to as "levy", the
corporate authority of each taxing | 4 |
| district shall determine the amounts of
money , exclusive of any | 5 |
| portion of that levy attributable to the cost of
conducting an | 6 |
| election required by the general election law, hereafter | 7 |
| referred
to as "election costs", estimated to be necessary to | 8 |
| be raised by taxation for
that year upon the taxable property | 9 |
| in its district.
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| (Source: P.A. 82-102; 88-455.)
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| (35 ILCS 200/18-65)
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| Sec. 18-65. Restriction on extension. Until it has complied | 13 |
| with the notice
and hearing provisions of this Article, no | 14 |
| taxing district shall levy an amount
of ad valorem tax which is | 15 |
| more than 105% of the amount of property taxes extended or | 16 |
| estimated to be extended, including , exclusive of election
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| costs, which has been extended or is estimated will be | 18 |
| extended, plus any
amount abated by the taxing district before | 19 |
| extension, upon the final aggregate
levy of the preceding year.
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| (Source: P.A. 86-957; 88-455.)
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| (35 ILCS 200/18-70)
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| Sec. 18-70. More than 5% increase; notice and hearing | 23 |
| required. If the
estimate of the corporate authority made as | 24 |
| provided in Section 18-60 is more
than 105% of the amount of | 25 |
| property taxes extended or estimated to be extended, including
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| plus any amount
abated by the taxing district
corporate | 27 |
| authority prior to extension, upon the final aggregate
levy of | 28 |
| the preceding year , exclusive of election costs, the corporate
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| authority shall give public notice of and hold a public hearing | 30 |
| on its intent
to adopt an aggregate levy in an amount of | 31 |
| property taxes extended or estimated to be extended, including | 32 |
| any amount abated by the taxing district prior to extension, | 33 |
| upon the final aggregate levy of the preceding year
which is | 34 |
| more than 105% of the amount
extended or estimated to be |
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| extended upon the final aggregate levy extensions,
plus any | 2 |
| amount abated, exclusive of election costs, for the preceding | 3 |
| year .
The hearing shall not coincide with the hearing on the | 4 |
| proposed budget of the
taxing district.
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| (Source: P.A. 86-957; 88-455.)
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| (35 ILCS 200/18-72)
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| Sec. 18-72. A school board shall give public notice of and | 8 |
| hold a public
hearing
on its intent to amend a certificate of | 9 |
| tax aggregate levy under Section 17-11.1 of the
School Code.
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| (Source: P.A. 91-850, eff. 6-22-00.)
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| (35 ILCS 200/18-85)
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| Sec. 18-85. Notice if adopted levy exceeds proposed levy. | 13 |
| If the final
aggregate tax levy resolution or ordinance adopted | 14 |
| is more than 105% of the
amount of property taxes extended or | 15 |
| estimated to be extended, including any amount abated by the | 16 |
| taxing district prior to extension, upon the final aggregate | 17 |
| levy of the preceding year , exclusive of election costs, which | 18 |
| was extended or is estimated to be
extended, plus any amount | 19 |
| abated by the taxing district prior to extension,
upon the | 20 |
| final aggregate levy of the preceding year and is in excess of | 21 |
| the
amount of the proposed aggregate levy stated in the notice | 22 |
| published under Section 18-70,
or is more than 105% of that | 23 |
| amount and no notice was required under Section
18-70, the | 24 |
| corporate authority shall give public notice of its action | 25 |
| within 15
days of the adoption of the aggregate levy in the | 26 |
| following form:
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| Notice of Adopted Property Tax Increase for ... (commonly | 28 |
| known name of
taxing district).
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| I. The corporate and special purpose property taxes | 30 |
| extended or abated
for ... (preceding year) ... were ... | 31 |
| (dollar amount of the final aggregate
levy as extended).
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| The adopted corporate and special purpose property taxes to | 33 |
| be levied for
... (current year) ... are ... (dollar amount of | 34 |
| the proposed aggregate
levy). This represents a ... |
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| (percentage) ... increase over the previous year.
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| II. The property taxes extended for debt service and public | 3 |
| building
commission leases for ... (preceding year) ... were | 4 |
| ... (dollar amount).
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| The estimated property taxes to be levied for debt service | 6 |
| and public
building commission leases for ... (current year) | 7 |
| ... are ... (dollar
amount). This represents a ... (percentage | 8 |
| increase or decrease) ... over
the previous year.
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| III. The total property taxes extended or abated for ... | 10 |
| (preceding
year) ... were ... (dollar amount).
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| The estimated total property taxes to be levied for ... | 12 |
| (current year)
... are ... (dollar amount). This represents a | 13 |
| ... (percentage increase or
decrease) ... over the previous | 14 |
| year.
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| (Source: P.A. 86-957; 88-455.)
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