Full Text of HB0683 099th General Assembly
HB0683eng 99TH GENERAL ASSEMBLY |
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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 18-185, 18-205, 18-213, and 18-214 and by adding | 6 | | Section 18-242 as follows: | 7 | | (35 ILCS 200/18-185)
| 8 | | Sec. 18-185. Short title; definitions. This Division 5 may | 9 | | be cited as the
Property Tax Extension Limitation Law. As used | 10 | | in this Division 5:
| 11 | | "Consumer Price Index" means the Consumer Price Index for | 12 | | All Urban
Consumers for all items published by the United | 13 | | States Department of Labor.
| 14 | | "Extension limitation" , for levy years prior to 2016, means | 15 | | (a) the lesser of 5% or the percentage increase
in the Consumer | 16 | | Price Index during the 12-month calendar year preceding the
| 17 | | levy year or (b) the rate of increase approved by voters under | 18 | | Section 18-205.
| 19 | | "Extension limitation", beginning in levy year 2016, means | 20 | | 0% or the rate of increase approved by the voters under Section | 21 | | 18-205. | 22 | | "Affected county" means a county of 3,000,000 or more | 23 | | inhabitants or a
county contiguous to a county of 3,000,000 or |
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| 1 | | more inhabitants.
| 2 | | "Taxing district" has the same meaning provided in Section | 3 | | 1-150, except as
otherwise provided in this Section. For the | 4 | | 1991 through 1994 levy years only,
"taxing district" includes | 5 | | only each non-home rule taxing district having the
majority of | 6 | | its
1990 equalized assessed value within any county or counties | 7 | | contiguous to a
county with 3,000,000 or more inhabitants. | 8 | | Beginning with the 1995 levy
year and through the 2015 levy | 9 | | year , "taxing district" includes only each non-home rule taxing | 10 | | district
subject to this Law before the 1995 levy year and each | 11 | | non-home rule
taxing district not subject to this Law before | 12 | | the 1995 levy year having the
majority of its 1994 equalized | 13 | | assessed value in an affected county or
counties. Beginning | 14 | | with the levy year in
which this Law becomes applicable to a | 15 | | taxing district as
provided in Section 18-213, "taxing | 16 | | district" also includes those taxing
districts made subject to | 17 | | this Law as provided in Section 18-213.
Beginning with the 2016 | 18 | | levy year, "taxing district" means each unit of local | 19 | | government, school district, or community college district in | 20 | | the State with the power to levy taxes, including, but not | 21 | | limited to, home rule units and taxing districts that were not | 22 | | subject to this Law prior to the effective date of this | 23 | | amendatory Act of the 99th General Assembly.
| 24 | | "Aggregate extension" for taxing districts to which this | 25 | | Law applied before
the 1995 levy year means the annual | 26 | | corporate extension for the taxing
district and those special |
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| 1 | | purpose extensions that are made annually for
the taxing | 2 | | district, excluding special purpose extensions: (a) made for | 3 | | the
taxing district to pay interest or principal on general | 4 | | obligation bonds
that were approved by referendum; (b) made for | 5 | | any taxing district to pay
interest or principal on general | 6 | | obligation bonds issued before October 1,
1991; (c) made for | 7 | | any taxing district to pay interest or principal on bonds
| 8 | | issued to refund or continue to refund those bonds issued | 9 | | before October 1,
1991; (d)
made for any taxing district to pay | 10 | | interest or principal on bonds
issued to refund or continue to | 11 | | refund bonds issued after October 1, 1991 that
were approved by | 12 | | referendum; (e)
made for any taxing district to pay interest
or | 13 | | principal on revenue bonds issued before October 1, 1991 for | 14 | | payment of
which a property tax levy or the full faith and | 15 | | credit of the unit of local
government is pledged; however, a | 16 | | tax for the payment of interest or principal
on those bonds | 17 | | shall be made only after the governing body of the unit of | 18 | | local
government finds that all other sources for payment are | 19 | | insufficient to make
those payments; (f) made for payments | 20 | | under a building commission lease when
the lease payments are | 21 | | for the retirement of bonds issued by the commission
before | 22 | | October 1, 1991, to pay for the building project; (g) made for | 23 | | payments
due under installment contracts entered into before | 24 | | October 1, 1991;
(h) made for payments of principal and | 25 | | interest on bonds issued under the
Metropolitan Water | 26 | | Reclamation District Act to finance construction projects
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| 1 | | initiated before October 1, 1991; (i) made for payments of | 2 | | principal and
interest on limited bonds, as defined in Section | 3 | | 3 of the Local Government Debt
Reform Act, in an amount not to | 4 | | exceed the debt service extension base less
the amount in items | 5 | | (b), (c), (e), and (h) of this definition for
non-referendum | 6 | | obligations, except obligations initially issued pursuant to
| 7 | | referendum; (j) made for payments of principal and interest on | 8 | | bonds
issued under Section 15 of the Local Government Debt | 9 | | Reform Act; (k)
made
by a school district that participates in | 10 | | the Special Education District of
Lake County, created by | 11 | | special education joint agreement under Section
10-22.31 of the | 12 | | School Code, for payment of the school district's share of the
| 13 | | amounts required to be contributed by the Special Education | 14 | | District of Lake
County to the Illinois Municipal Retirement | 15 | | Fund under Article 7 of the
Illinois Pension Code; the amount | 16 | | of any extension under this item (k) shall be
certified by the | 17 | | school district to the county clerk; (l) made to fund
expenses | 18 | | of providing joint recreational programs for the handicapped | 19 | | under
Section 5-8 of
the
Park District Code or Section 11-95-14 | 20 | | of the Illinois Municipal Code; (m) made for temporary | 21 | | relocation loan repayment purposes pursuant to Sections 2-3.77 | 22 | | and 17-2.2d of the School Code; (n) made for payment of | 23 | | principal and interest on any bonds issued under the authority | 24 | | of Section 17-2.2d of the School Code; (o) made for | 25 | | contributions to a firefighter's pension fund created under | 26 | | Article 4 of the Illinois Pension Code, to the extent of the |
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| 1 | | amount certified under item (5) of Section 4-134 of the | 2 | | Illinois Pension Code; and (p) made for road purposes in the | 3 | | first year after a township assumes the rights, powers, duties, | 4 | | assets, property, liabilities, obligations, and
| 5 | | responsibilities of a road district abolished under the | 6 | | provisions of Section 6-133 of the Illinois Highway Code.
| 7 | | "Aggregate extension" for the taxing districts to which | 8 | | this Law did not
apply before the 1995 levy year (except taxing | 9 | | districts subject to this Law
in
accordance with Section 18-213 | 10 | | or this amendatory Act of the 99th General Assembly ) means the | 11 | | annual corporate extension for the
taxing district and those | 12 | | special purpose extensions that are made annually for
the | 13 | | taxing district, excluding special purpose extensions: (a) | 14 | | made for the
taxing district to pay interest or principal on | 15 | | general obligation bonds that
were approved by referendum; (b) | 16 | | made for any taxing district to pay interest
or principal on | 17 | | general obligation bonds issued before March 1, 1995; (c) made
| 18 | | for any taxing district to pay interest or principal on bonds | 19 | | issued to refund
or continue to refund those bonds issued | 20 | | before March 1, 1995; (d) made for any
taxing district to pay | 21 | | interest or principal on bonds issued to refund or
continue to | 22 | | refund bonds issued after March 1, 1995 that were approved by
| 23 | | referendum; (e) made for any taxing district to pay interest or | 24 | | principal on
revenue bonds issued before March 1, 1995 for | 25 | | payment of which a property tax
levy or the full faith and | 26 | | credit of the unit of local government is pledged;
however, a |
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| 1 | | tax for the payment of interest or principal on those bonds | 2 | | shall be
made only after the governing body of the unit of | 3 | | local government finds that
all other sources for payment are | 4 | | insufficient to make those payments; (f) made
for payments | 5 | | under a building commission lease when the lease payments are | 6 | | for
the retirement of bonds issued by the commission before | 7 | | March 1, 1995 to
pay for the building project; (g) made for | 8 | | payments due under installment
contracts entered into before | 9 | | March 1, 1995; (h) made for payments of
principal and interest | 10 | | on bonds issued under the Metropolitan Water Reclamation
| 11 | | District Act to finance construction projects initiated before | 12 | | October 1,
1991; (h-4) made for stormwater management purposes | 13 | | by the Metropolitan Water Reclamation District of Greater | 14 | | Chicago under Section 12 of the Metropolitan Water Reclamation | 15 | | District Act; (i) made for payments of principal and interest | 16 | | on limited bonds,
as defined in Section 3 of the Local | 17 | | Government Debt Reform Act, in an amount
not to exceed the debt | 18 | | service extension base less the amount in items (b),
(c), and | 19 | | (e) of this definition for non-referendum obligations, except
| 20 | | obligations initially issued pursuant to referendum and bonds | 21 | | described in
subsection (h) of this definition; (j) made for | 22 | | payments of
principal and interest on bonds issued under | 23 | | Section 15 of the Local Government
Debt Reform Act; (k) made | 24 | | for payments of principal and interest on bonds
authorized by | 25 | | Public Act 88-503 and issued under Section 20a of the Chicago
| 26 | | Park District Act for aquarium or
museum projects; (l) made for |
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| 1 | | payments of principal and interest on
bonds
authorized by | 2 | | Public Act 87-1191 or 93-601 and (i) issued pursuant to Section | 3 | | 21.2 of the Cook County Forest
Preserve District Act, (ii) | 4 | | issued under Section 42 of the Cook County
Forest Preserve | 5 | | District Act for zoological park projects, or (iii) issued
| 6 | | under Section 44.1 of the Cook County Forest Preserve District | 7 | | Act for
botanical gardens projects; (m) made
pursuant
to | 8 | | Section 34-53.5 of the School Code, whether levied annually or | 9 | | not;
(n) made to fund expenses of providing joint recreational | 10 | | programs for the
handicapped under Section 5-8 of the Park
| 11 | | District Code or Section 11-95-14 of the Illinois Municipal | 12 | | Code;
(o) made by the
Chicago Park
District for recreational | 13 | | programs for the handicapped under subsection (c) of
Section
| 14 | | 7.06 of the Chicago Park District Act; (p) made for | 15 | | contributions to a firefighter's pension fund created under | 16 | | Article 4 of the Illinois Pension Code, to the extent of the | 17 | | amount certified under item (5) of Section 4-134 of the | 18 | | Illinois Pension Code; and (q) made by Ford Heights School | 19 | | District 169 under Section 17-9.02 of the School Code.
| 20 | | "Aggregate extension" for all taxing districts to which | 21 | | this Law applies in
accordance with Section 18-213, except for | 22 | | those taxing districts subject to
paragraph (2) of subsection | 23 | | (e) of Section 18-213, means the annual corporate
extension for | 24 | | the
taxing district and those special purpose extensions that | 25 | | are made annually for
the taxing district, excluding special | 26 | | purpose extensions: (a) made for the
taxing district to pay |
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| 1 | | interest or principal on general obligation bonds that
were | 2 | | approved by referendum; (b) made for any taxing district to pay | 3 | | interest
or principal on general obligation bonds issued before | 4 | | the date on which the
referendum making this
Law applicable to | 5 | | the taxing district is held; (c) made
for any taxing district | 6 | | to pay interest or principal on bonds issued to refund
or | 7 | | continue to refund those bonds issued before the date on which | 8 | | the
referendum making this Law
applicable to the taxing | 9 | | district is held;
(d) made for any
taxing district to pay | 10 | | interest or principal on bonds issued to refund or
continue to | 11 | | refund bonds issued after the date on which the referendum | 12 | | making
this Law
applicable to the taxing district is held if | 13 | | the bonds were approved by
referendum after the date on which | 14 | | the referendum making this Law
applicable to the taxing | 15 | | district is held; (e) made for any
taxing district to pay | 16 | | interest or principal on
revenue bonds issued before the date | 17 | | on which the referendum making this Law
applicable to the
| 18 | | taxing district is held for payment of which a property tax
| 19 | | levy or the full faith and credit of the unit of local | 20 | | government is pledged;
however, a tax for the payment of | 21 | | interest or principal on those bonds shall be
made only after | 22 | | the governing body of the unit of local government finds that
| 23 | | all other sources for payment are insufficient to make those | 24 | | payments; (f) made
for payments under a building commission | 25 | | lease when the lease payments are for
the retirement of bonds | 26 | | issued by the commission before the date on which the
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| 1 | | referendum making this
Law applicable to the taxing district is | 2 | | held to
pay for the building project; (g) made for payments due | 3 | | under installment
contracts entered into before the date on | 4 | | which the referendum making this Law
applicable to
the taxing | 5 | | district is held;
(h) made for payments
of principal and | 6 | | interest on limited bonds,
as defined in Section 3 of the Local | 7 | | Government Debt Reform Act, in an amount
not to exceed the debt | 8 | | service extension base less the amount in items (b),
(c), and | 9 | | (e) of this definition for non-referendum obligations, except
| 10 | | obligations initially issued pursuant to referendum; (i) made | 11 | | for payments
of
principal and interest on bonds issued under | 12 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made | 13 | | for a qualified airport authority to pay interest or principal | 14 | | on
general obligation bonds issued for the purpose of paying | 15 | | obligations due
under, or financing airport facilities | 16 | | required to be acquired, constructed,
installed or equipped | 17 | | pursuant to, contracts entered into before March
1, 1996 (but | 18 | | not including any amendments to such a contract taking effect | 19 | | on
or after that date); (k) made to fund expenses of providing | 20 | | joint
recreational programs for the handicapped under Section | 21 | | 5-8 of
the
Park District Code or Section 11-95-14 of the | 22 | | Illinois Municipal Code; (l) made for contributions to a | 23 | | firefighter's pension fund created under Article 4 of the | 24 | | Illinois Pension Code, to the extent of the amount certified | 25 | | under item (5) of Section 4-134 of the Illinois Pension Code; | 26 | | and (m) made for the taxing district to pay interest or |
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| 1 | | principal on general obligation bonds issued pursuant to | 2 | | Section 19-3.10 of the School Code.
| 3 | | "Aggregate extension" for all taxing districts to which | 4 | | this Law applies in
accordance with paragraph (2) of subsection | 5 | | (e) of Section 18-213 or this amendatory Act of the 99th | 6 | | General Assembly means the
annual corporate extension for the
| 7 | | taxing district and those special purpose extensions that are | 8 | | made annually for
the taxing district, excluding special | 9 | | purpose extensions: (a) made for the
taxing district to pay | 10 | | interest or principal on general obligation bonds that
were | 11 | | approved by referendum; (b) made for any taxing district to pay | 12 | | interest
or principal on general obligation bonds issued before | 13 | | the effective date of
this amendatory Act of 1997;
(c) made
for | 14 | | any taxing district to pay interest or principal on bonds | 15 | | issued to refund
or continue to refund those bonds issued | 16 | | before the effective date
of this amendatory Act of 1997;
(d) | 17 | | made for any
taxing district to pay interest or principal on | 18 | | bonds issued to refund or
continue to refund bonds issued after | 19 | | the effective date of this amendatory Act
of 1997 if the bonds | 20 | | were approved by referendum after the effective date of
this | 21 | | amendatory Act of 1997;
(e) made for any
taxing district to pay | 22 | | interest or principal on
revenue bonds issued before the | 23 | | effective date of this amendatory Act of 1997
for payment of | 24 | | which a property tax
levy or the full faith and credit of the | 25 | | unit of local government is pledged;
however, a tax for the | 26 | | payment of interest or principal on those bonds shall be
made |
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| 1 | | only after the governing body of the unit of local government | 2 | | finds that
all other sources for payment are insufficient to | 3 | | make those payments; (f) made
for payments under a building | 4 | | commission lease when the lease payments are for
the retirement | 5 | | of bonds issued by the commission before the effective date
of | 6 | | this amendatory Act of 1997
to
pay for the building project; | 7 | | (g) made for payments due under installment
contracts entered | 8 | | into before the effective date of this amendatory Act of
1997;
| 9 | | (h) made for payments
of principal and interest on limited | 10 | | bonds,
as defined in Section 3 of the Local Government Debt | 11 | | Reform Act, in an amount
not to exceed the debt service | 12 | | extension base less the amount in items (b),
(c), and (e) of | 13 | | this definition for non-referendum obligations, except
| 14 | | obligations initially issued pursuant to referendum; (i) made | 15 | | for payments
of
principal and interest on bonds issued under | 16 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made | 17 | | for a qualified airport authority to pay interest or principal | 18 | | on
general obligation bonds issued for the purpose of paying | 19 | | obligations due
under, or financing airport facilities | 20 | | required to be acquired, constructed,
installed or equipped | 21 | | pursuant to, contracts entered into before March
1, 1996 (but | 22 | | not including any amendments to such a contract taking effect | 23 | | on
or after that date); (k) made to fund expenses of providing | 24 | | joint
recreational programs for the handicapped under Section | 25 | | 5-8 of
the
Park District Code or Section 11-95-14 of the | 26 | | Illinois Municipal Code; and (l) made for contributions to a |
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| 1 | | firefighter's pension fund created under Article 4 of the | 2 | | Illinois Pension Code, to the extent of the amount certified | 3 | | under item (5) of Section 4-134 of the Illinois Pension Code.
| 4 | | "Debt service extension base" means an amount equal to that | 5 | | portion of the
extension for a taxing district for the 1994 | 6 | | levy year, or for those taxing
districts subject to this Law in | 7 | | accordance with Section 18-213, except for
those subject to | 8 | | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| 9 | | year in which the referendum making this Law applicable to the | 10 | | taxing district
is held, or for those taxing districts subject | 11 | | to this Law in accordance with
paragraph (2) of subsection (e) | 12 | | of Section 18-213 for the 1996 levy year,
constituting an
| 13 | | extension for payment of principal and interest on bonds issued | 14 | | by the taxing
district without referendum, but not including | 15 | | excluded non-referendum bonds. For park districts (i) that were | 16 | | first
subject to this Law in 1991 or 1995 and (ii) whose | 17 | | extension for the 1994 levy
year for the payment of principal | 18 | | and interest on bonds issued by the park
district without | 19 | | referendum (but not including excluded non-referendum bonds)
| 20 | | was less than 51% of the amount for the 1991 levy year | 21 | | constituting an
extension for payment of principal and interest | 22 | | on bonds issued by the park
district without referendum (but | 23 | | not including excluded non-referendum bonds),
"debt service | 24 | | extension base" means an amount equal to that portion of the
| 25 | | extension for the 1991 levy year constituting an extension for | 26 | | payment of
principal and interest on bonds issued by the park |
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| 1 | | district without referendum
(but not including excluded | 2 | | non-referendum bonds). A debt service extension base | 3 | | established or increased at any time pursuant to any provision | 4 | | of this Law, except Section 18-212, shall be increased each | 5 | | year commencing with the later of (i) the 2009 levy year or | 6 | | (ii) the first levy year in which this Law becomes applicable | 7 | | to the taxing district, by the lesser of 5% or the percentage | 8 | | increase in the Consumer Price Index during the 12-month | 9 | | calendar year preceding the levy year. The debt service | 10 | | extension
base may be established or increased as provided | 11 | | under Section 18-212.
"Excluded non-referendum bonds" means | 12 | | (i) bonds authorized by Public
Act 88-503 and issued under | 13 | | Section 20a of the Chicago Park District Act for
aquarium and | 14 | | museum projects; (ii) bonds issued under Section 15 of the
| 15 | | Local Government Debt Reform Act; or (iii) refunding | 16 | | obligations issued
to refund or to continue to refund | 17 | | obligations initially issued pursuant to
referendum.
| 18 | | "Special purpose extensions" include, but are not limited | 19 | | to, extensions
for levies made on an annual basis for | 20 | | unemployment and workers'
compensation, self-insurance, | 21 | | contributions to pension plans, and extensions
made pursuant to | 22 | | Section 6-601 of the Illinois Highway Code for a road
| 23 | | district's permanent road fund whether levied annually or not. | 24 | | The
extension for a special service area is not included in the
| 25 | | aggregate extension.
| 26 | | "Aggregate extension base" means the taxing district's |
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| 1 | | last preceding
aggregate extension as adjusted under Sections | 2 | | 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 | 3 | | shall be made for the 2007 levy year and all subsequent levy | 4 | | years whenever one or more counties within which a taxing | 5 | | district is located (i) used estimated valuations or rates when | 6 | | extending taxes in the taxing district for the last preceding | 7 | | levy year that resulted in the over or under extension of | 8 | | taxes, or (ii) increased or decreased the tax extension for the | 9 | | last preceding levy year as required by Section 18-135(c). | 10 | | Whenever an adjustment is required under Section 18-135, the | 11 | | aggregate extension base of the taxing district shall be equal | 12 | | to the amount that the aggregate extension of the taxing | 13 | | district would have been for the last preceding levy year if | 14 | | either or both (i) actual, rather than estimated, valuations or | 15 | | rates had been used to calculate the extension of taxes for the | 16 | | last levy year, or (ii) the tax extension for the last | 17 | | preceding levy year had not been adjusted as required by | 18 | | subsection (c) of Section 18-135.
| 19 | | Notwithstanding any other provision of law, for levy year | 20 | | 2012, the aggregate extension base for West Northfield School | 21 | | District No. 31 in Cook County shall be $12,654,592. | 22 | | "Levy year" has the same meaning as "year" under Section
| 23 | | 1-155.
| 24 | | "New property" means (i) the assessed value, after final | 25 | | board of review or
board of appeals action, of new improvements | 26 | | or additions to existing
improvements on any parcel of real |
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| 1 | | property that increase the assessed value of
that real property | 2 | | during the levy year multiplied by the equalization factor
| 3 | | issued by the Department under Section 17-30, (ii) the assessed | 4 | | value, after
final board of review or board of appeals action, | 5 | | of real property not exempt
from real estate taxation, which | 6 | | real property was exempt from real estate
taxation for any | 7 | | portion of the immediately preceding levy year, multiplied by
| 8 | | the equalization factor issued by the Department under Section | 9 | | 17-30, including the assessed value, upon final stabilization | 10 | | of occupancy after new construction is complete, of any real | 11 | | property located within the boundaries of an otherwise or | 12 | | previously exempt military reservation that is intended for | 13 | | residential use and owned by or leased to a private corporation | 14 | | or other entity,
(iii) in counties that classify in accordance | 15 | | with Section 4 of Article
IX of the
Illinois Constitution, an | 16 | | incentive property's additional assessed value
resulting from | 17 | | a
scheduled increase in the level of assessment as applied to | 18 | | the first year
final board of
review market value, and (iv) any | 19 | | increase in assessed value due to oil or gas production from an | 20 | | oil or gas well required to be permitted under the Hydraulic | 21 | | Fracturing Regulatory Act that was not produced in or accounted | 22 | | for during the previous levy year.
In addition, the county | 23 | | clerk in a county containing a population of
3,000,000 or more | 24 | | shall include in the 1997
recovered tax increment value for any | 25 | | school district, any recovered tax
increment value that was | 26 | | applicable to the 1995 tax year calculations.
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| 1 | | "Qualified airport authority" means an airport authority | 2 | | organized under
the Airport Authorities Act and located in a | 3 | | county bordering on the State of
Wisconsin and having a | 4 | | population in excess of 200,000 and not greater than
500,000.
| 5 | | "Recovered tax increment value" means, except as otherwise | 6 | | provided in this
paragraph, the amount of the current year's | 7 | | equalized assessed value, in the
first year after a | 8 | | municipality terminates
the designation of an area as a | 9 | | redevelopment project area previously
established under the | 10 | | Tax Increment Allocation Development Act in the Illinois
| 11 | | Municipal Code, previously established under the Industrial | 12 | | Jobs Recovery Law
in the Illinois Municipal Code, previously | 13 | | established under the Economic Development Project Area Tax | 14 | | Increment Act of 1995, or previously established under the | 15 | | Economic
Development Area Tax Increment Allocation Act, of each | 16 | | taxable lot, block,
tract, or parcel of real property in the | 17 | | redevelopment project area over and
above the initial equalized | 18 | | assessed value of each property in the
redevelopment project | 19 | | area.
For the taxes which are extended for the 1997 levy year, | 20 | | the recovered tax
increment value for a non-home rule taxing | 21 | | district that first became subject
to this Law for the 1995 | 22 | | levy year because a majority of its 1994 equalized
assessed | 23 | | value was in an affected county or counties shall be increased | 24 | | if a
municipality terminated the designation of an area in 1993 | 25 | | as a redevelopment
project area previously established under | 26 | | the Tax Increment Allocation
Development Act in the Illinois |
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| 1 | | Municipal Code, previously established under
the Industrial | 2 | | Jobs Recovery Law in the Illinois Municipal Code, or previously
| 3 | | established under the Economic Development Area Tax Increment | 4 | | Allocation Act,
by an amount equal to the 1994 equalized | 5 | | assessed value of each taxable lot,
block, tract, or parcel of | 6 | | real property in the redevelopment project area over
and above | 7 | | the initial equalized assessed value of each property in the
| 8 | | redevelopment project area.
In the first year after a | 9 | | municipality
removes a taxable lot, block, tract, or parcel of | 10 | | real property from a
redevelopment project area established | 11 | | under the Tax Increment Allocation
Development Act in the | 12 | | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in | 13 | | the Illinois Municipal Code, or the Economic
Development Area | 14 | | Tax Increment Allocation Act, "recovered tax increment value"
| 15 | | means the amount of the current year's equalized assessed value | 16 | | of each taxable
lot, block, tract, or parcel of real property | 17 | | removed from the redevelopment
project area over and above the | 18 | | initial equalized assessed value of that real
property before | 19 | | removal from the redevelopment project area.
| 20 | | Except as otherwise provided in this Section, "limiting | 21 | | rate" means a
fraction the numerator of which is the last
| 22 | | preceding aggregate extension base times an amount equal to one | 23 | | plus the
extension limitation defined in this Section and the | 24 | | denominator of which
is the current year's equalized assessed | 25 | | value of all real property in the
territory under the | 26 | | jurisdiction of the taxing district during the prior
levy year. |
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| 1 | | For those taxing districts that reduced their aggregate
| 2 | | extension for the last preceding levy year, the highest | 3 | | aggregate extension
in any of the last 3 preceding levy years | 4 | | shall be used for the purpose of
computing the limiting rate. | 5 | | The denominator shall not include new
property or the recovered | 6 | | tax increment
value.
If a new rate, a rate decrease, or a | 7 | | limiting rate increase has been approved at an election held | 8 | | after March 21, 2006, then (i) the otherwise applicable | 9 | | limiting rate shall be increased by the amount of the new rate | 10 | | or shall be reduced by the amount of the rate decrease, as the | 11 | | case may be, or (ii) in the case of a limiting rate increase, | 12 | | the limiting rate shall be equal to the rate set forth
in the | 13 | | proposition approved by the voters for each of the years | 14 | | specified in the proposition, after
which the limiting rate of | 15 | | the taxing district shall be calculated as otherwise provided. | 16 | | In the case of a taxing district that obtained referendum | 17 | | approval for an increased limiting rate on March 20, 2012, the | 18 | | limiting rate for tax year 2012 shall be the rate that | 19 | | generates the approximate total amount of taxes extendable for | 20 | | that tax year, as set forth in the proposition approved by the | 21 | | voters; this rate shall be the final rate applied by the county | 22 | | clerk for the aggregate of all capped funds of the district for | 23 | | tax year 2012.
| 24 | | (Source: P.A. 97-611, eff. 1-1-12; 97-1154, eff. 1-25-13; 98-6, | 25 | | eff. 3-29-13; 98-23, eff. 6-17-13.)
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| 1 | | (35 ILCS 200/18-205)
| 2 | | Sec. 18-205. Referendum to increase the extension | 3 | | limitation. A taxing
district is limited to an extension | 4 | | limitation as defined in Section 18-185 of 5% or the percentage | 5 | | increase
in the Consumer Price Index during the 12-month | 6 | | calendar year preceding the
levy year, whichever is less . A | 7 | | taxing district may increase its extension
limitation for one | 8 | | or more levy years if that taxing district holds a referendum
| 9 | | before the levy date for the first levy year at which a | 10 | | majority of voters voting on the issue approves
adoption of a | 11 | | higher extension limitation. Referenda shall be conducted at a
| 12 | | regularly scheduled election in accordance with the Election | 13 | | Code. For referenda to increase the extension limitation for | 14 | | levy years prior to 2016, the The question shall be presented | 15 | | in
substantially the following manner for all elections held | 16 | | after March 21, 2006 :
| 17 | | Shall the extension limitation under the Property Tax | 18 | | Extension Limitation Law for (insert the legal name, | 19 | | number, if any, and county or counties of the taxing | 20 | | district and geographic or other common name by which a | 21 | | school or community college district is known and referred | 22 | | to), Illinois, be increased from the lesser of 5% or the | 23 | | percentage increase in the Consumer Price Index over the | 24 | | prior levy year to (insert the percentage of the proposed | 25 | | increase)% per year for (insert each levy year for which | 26 | | the increased extension limitation will apply)? |
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| 1 | | For referenda to increase the extension limitation for levy | 2 | | year 2016 and thereafter, the question shall be presented in
| 3 | | substantially the following manner: | 4 | | Shall the extension limitation under the Property Tax | 5 | | Extension Limitation Law for (insert the legal name, | 6 | | number, if any, and county or counties of the taxing | 7 | | district and geographic or other common name by which a | 8 | | school or community college district is known and referred | 9 | | to), Illinois, be increased from 0% to (insert the | 10 | | percentage of the proposed increase)% per year for (insert | 11 | | each levy year for which the increased extension limitation | 12 | | will apply)? | 13 | | The votes must be recorded as "Yes" or "No".
| 14 | | If a majority of voters voting on the issue approves the | 15 | | adoption of
the increase, the increase shall be applicable for | 16 | | each
levy year specified.
| 17 | | The ballot for any question submitted pursuant to this | 18 | | Section shall have printed thereon, but not as a part of the | 19 | | question submitted, only the following supplemental | 20 | | information (which shall be supplied to the election authority | 21 | | by 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 | 15 | | extension limitation will be applicable for more than one year | 16 | | and shall list each levy year for which the increased extension | 17 | | limitation will be applicable. The additional tax shown for | 18 | | each levy year shall be the approximate dollar amount of the | 19 | | increase over the amount of the most recently completed | 20 | | extension at the time the submission of the question is | 21 | | initiated by the taxing district. The approximate amount of the | 22 | | additional tax extendable shown in paragraphs (1) and (2) shall | 23 | | be calculated by multiplying $100,000 (the fair market value of | 24 | | the property without regard to any property tax exemptions) by | 25 | | (i) the percentage level of assessment prescribed for that | 26 | | property by statute, or by ordinance of the county board in |
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| 1 | | counties that classify property for purposes of taxation in | 2 | | accordance with Section 4 of Article IX of the Illinois | 3 | | Constitution; (ii) the most recent final equalization factor | 4 | | certified to the county clerk by the Department of Revenue at | 5 | | the time the taxing district initiates the submission of the | 6 | | proposition to the electors; (iii) the last known aggregate | 7 | | extension base of the taxing district at the time the | 8 | | submission of the question is initiated by the taxing district; | 9 | | and (iv) the difference between the percentage increase | 10 | | proposed in the question and (A) the lesser of 5% or the | 11 | | percentage increase in the Consumer Price Index for the prior | 12 | | levy year (or an estimate of the percentage increase for the | 13 | | prior levy year if the increase is unavailable at the time the | 14 | | submission of the question is initiated by the taxing district) | 15 | | or (B) 0%, as applicable ; and dividing the result by the last | 16 | | known equalized assessed value of the taxing district at the | 17 | | time the submission of the question is initiated by the taxing | 18 | | district. This amendatory Act of the 97th General Assembly is | 19 | | intended to clarify the existing requirements of this Section, | 20 | | and shall not be construed to validate any prior non-compliant | 21 | | referendum language. Any notice required to be published in | 22 | | connection with the submission of the question shall also | 23 | | contain this supplemental information and shall not contain any | 24 | | other supplemental information. Any error, miscalculation, or | 25 | | inaccuracy in computing any amount set forth on the ballot or | 26 | | in the notice that is not deliberate shall not invalidate or |
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| 1 | | affect the validity of any proposition approved. Notice of the | 2 | | referendum shall be published and posted as otherwise required | 3 | | by law, and the submission of the question shall be initiated | 4 | | as provided by law.
| 5 | | (Source: P.A. 97-1087, eff. 8-24-12.)
| 6 | | (35 ILCS 200/18-213)
| 7 | | Sec. 18-213.
Referenda on applicability of the Property Tax | 8 | | Extension
Limitation Law.
| 9 | | (a) The provisions of this Section do not apply to a taxing | 10 | | district
subject
to this Law because a majority of its 1990 | 11 | | equalized assessed value is in a
county or counties contiguous | 12 | | to a county of 3,000,000 or more inhabitants, or
because a | 13 | | majority of its 1994 equalized assessed value is in an affected
| 14 | | county and the taxing district was not subject to this Law | 15 | | before the 1995 levy
year.
| 16 | | (b) Prior to levy year 2016, the The county board of a | 17 | | county that is not subject to this Law
may, by ordinance or | 18 | | resolution, submit to the voters of the
county the question of | 19 | | whether to
make all non-home rule taxing districts
that
have | 20 | | all or a portion of their equalized assessed valuation
situated | 21 | | in the county subject to this Law in the manner set forth in | 22 | | this
Section.
| 23 | | For purposes of this Section only:
| 24 | | "Taxing district" has the same meaning provided in Section | 25 | | 1-150.
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| 1 | | "Equalized
assessed valuation" means the equalized | 2 | | assessed valuation for a taxing
district for the immediately | 3 | | preceding levy year.
| 4 | | (c) The ordinance or resolution shall request the | 5 | | submission of
the
proposition at any election, except a | 6 | | consolidated primary election, for the
purpose of voting for or | 7 | | against making the Property
Tax Extension Limitation Law | 8 | | applicable to all non-home rule taxing districts
that have all
| 9 | | or a
portion of their equalized assessed valuation situated in | 10 | | the county.
| 11 | | The question shall be placed on a separate
ballot and shall | 12 | | be in substantially the following form:
| 13 | | Shall the Property Tax Extension Limitation Law (35 | 14 | | ILCS 200/18-185 through
18-245), which
limits annual | 15 | | property tax extension increases, apply to non-home
rule | 16 | | taxing
districts with all or a portion of their equalized | 17 | | assessed valuation located
in
(name of county)?
| 18 | | Votes on the question shall be recorded as "yes" or "no".
| 19 | | (d) The county clerk
shall order the proposition submitted | 20 | | to the electors of the county
at the election specified in the | 21 | | ordinance or resolution.
If part of the county is under the | 22 | | jurisdiction of
a board or boards of election commissioners, | 23 | | the county clerk
shall submit a certified copy of
the ordinance | 24 | | or resolution to each board of election commissioners,
which | 25 | | shall order the
proposition submitted to the electors of the | 26 | | taxing district within its
jurisdiction at the election |
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| 1 | | specified in the ordinance or resolution.
| 2 | | (e) (1) With respect to taxing districts having all of | 3 | | their equalized
assessed
valuation located in the county, | 4 | | if a majority of the votes cast on the
proposition are in | 5 | | favor of the proposition, then this Law becomes applicable
| 6 | | to the taxing district beginning on January 1 of the year | 7 | | following the date of
the referendum.
| 8 | | (2) With respect to taxing districts that meet all the | 9 | | following
conditions this Law shall become applicable to | 10 | | the taxing district beginning
on January 1, 1997. The | 11 | | districts to which this paragraph (2) is applicable
| 12 | | (A) do not have all of their equalized assessed | 13 | | valuation located in a
single county,
| 14 | | (B) have equalized assessed valuation in an | 15 | | affected county,
| 16 | | (C) meet the condition that each county, other than | 17 | | an affected county,
in which any of the equalized | 18 | | assessed valuation of the taxing district is
located | 19 | | has held a referendum under this Section at any | 20 | | election, except a
consolidated primary election, held | 21 | | prior to the effective date of this
amendatory Act of | 22 | | 1997, and
| 23 | | (D) have a majority of the district's equalized | 24 | | assessed valuation
located in one or more counties in | 25 | | each of which the voters have approved a
referendum | 26 | | under this Section prior to the effective date of this |
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| 1 | | amendatory
Act of 1997.
For purposes of this Section, | 2 | | in determining whether a majority of the
equalized | 3 | | assessed valuation of the taxing district is located in | 4 | | one or more
counties in which the voters have approved | 5 | | a referendum under this Section, the
equalized | 6 | | assessed valuation of the taxing district in any | 7 | | affected county
shall be included with the equalized | 8 | | assessed value of the taxing district in
counties in | 9 | | which the voters have approved the referendum.
| 10 | | (3) With respect to taxing districts that do not have | 11 | | all of
their equalized
assessed valuation located in a | 12 | | single county and to which paragraph (2) of
subsection (e) | 13 | | is not applicable, if each county other than an
affected | 14 | | county in which any of
the equalized assessed valuation of | 15 | | the taxing
district is located has held a referendum under | 16 | | this Section at any election,
except a consolidated primary | 17 | | election, held in any year and if a majority of
the | 18 | | equalized
assessed valuation of the taxing district is | 19 | | located in one or more counties
that have each approved a | 20 | | referendum under this Section,
then this Law shall become | 21 | | applicable to the taxing district on
January 1 of the year | 22 | | following the year in which the last referendum in a
county | 23 | | in which the taxing district has any equalized assessed | 24 | | valuation is
held.
For the purposes of this Law, the last | 25 | | referendum shall be deemed to be the
referendum making this | 26 | | Law applicable to the taxing district. For purposes
of this |
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| 1 | | Section, in determining whether a majority of the equalized | 2 | | assessed
valuation of the taxing district is located in one | 3 | | or more counties that have
approved a referendum under this | 4 | | Section, the equalized assessed valuation of
the taxing | 5 | | district in any affected county shall be included with the | 6 | | equalized
assessed value of the taxing district in counties | 7 | | that have approved the
referendum.
| 8 | | (f) Immediately after a referendum is held under this | 9 | | Section, the county
clerk of the
county holding the referendum | 10 | | shall give notice of the referendum having been
held and its | 11 | | results to all taxing districts that have all
or a portion of | 12 | | their equalized assessed valuation located in the county, the
| 13 | | county clerk of any other county in which any of the equalized | 14 | | assessed
valuation of any taxing district is located, and the | 15 | | Department of Revenue.
After the last referendum affecting a | 16 | | multi-county taxing district is held, the
Department of Revenue
| 17 | | shall determine whether the taxing district is subject to this | 18 | | Law
and, if so, shall notify the taxing district and the county | 19 | | clerks of all of
the
counties in which a portion of the | 20 | | equalized assessed valuation of the
taxing district is located | 21 | | that, beginning the following January 1, the
taxing
district is | 22 | | subject to this Law.
For each taxing district subject to | 23 | | paragraph (2) of subsection (e) of this
Section, the Department | 24 | | of Revenue shall notify the taxing district and the
county | 25 | | clerks of all of the counties in which a portion of the | 26 | | equalized
assessed valuation of the taxing district is located |
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| 1 | | that, beginning January 1,
1997, the taxing district is subject | 2 | | to this Law.
| 3 | | (g) Referenda held under this Section shall be conducted in | 4 | | accordance with
the Election Code.
| 5 | | (Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
| 6 | | (35 ILCS 200/18-214)
| 7 | | Sec. 18-214.
Referenda on removal of the applicability of | 8 | | the Property Tax
Extension Limitation Law to non-home rule | 9 | | taxing districts.
| 10 | | (a) The provisions of this Section do not apply to a taxing | 11 | | district that is
subject to this Law because a majority of its | 12 | | 1990 equalized assessed value is
in a county or counties | 13 | | contiguous to a county of 3,000,000 or more
inhabitants, or | 14 | | because a majority of its 1994 equalized assessed value is in
| 15 | | an
affected county and the taxing district was not subject to | 16 | | this Law before the
1995 levy year.
| 17 | | (b) For purposes of this Section only:
| 18 | | "Taxing district" means any non-home rule taxing district | 19 | | that became subject
to this Law under Section 18-213 of this | 20 | | Law.
| 21 | | "Equalized assessed valuation" means the equalized | 22 | | assessed valuation for a
taxing district for the immediately | 23 | | preceding levy year.
| 24 | | (c) The county board of a county that became subject to | 25 | | this Law by a
referendum approved by the voters of the county |
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| 1 | | under Section 18-213 may, by
ordinance or resolution, in the | 2 | | manner set forth in this Section, submit to the
voters of the | 3 | | county the question of whether this Law applies to all non-home
| 4 | | rule taxing
districts that have all or a portion of their | 5 | | equalized assessed valuation
situated in the county in the | 6 | | manner set forth in this Section.
| 7 | | (d) The ordinance or resolution shall request the | 8 | | submission of the
proposition at any election, except a | 9 | | consolidated primary election, for the
purpose of voting for or | 10 | | against the continued application of the Property Tax
Extension | 11 | | Limitation Law to all non-home rule taxing districts that have | 12 | | all or
a portion of their equalized assessed valuation situated | 13 | | in the county.
| 14 | | The question shall be placed on a separate ballot and shall | 15 | | be in
substantially the following form:
| 16 | | Shall
the Property Tax
Extension Limitation Law (35 | 17 | | ILCS 200/18-185 through 35 ILCS 200/18-245), which
limits | 18 | | annual property tax extension increases, apply to non-home | 19 | | rule taxing
districts with all or a portion of their | 20 | | equalized assessed valuation located
in (name of county)?
| 21 | | Votes on the question shall be recorded as "yes" or "no".
| 22 | | (e) The county clerk shall order the proposition submitted | 23 | | to the electors
of the county at the election specified in the | 24 | | ordinance or resolution. If
part of the county is under the | 25 | | jurisdiction of a board or boards of election
commissioners, | 26 | | the county clerk shall submit a certified copy of the ordinance
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| 1 | | or resolution to each board of election commissioners, which | 2 | | shall order the
proposition submitted to the electors of the | 3 | | taxing district within its
jurisdiction at the election | 4 | | specified in the ordinance or resolution.
| 5 | | (f) With respect to taxing districts having all of their | 6 | | equalized assessed
valuation located in one county, if a | 7 | | majority of the votes cast on the
proposition are against the | 8 | | proposition, then this Law shall not apply to the
taxing | 9 | | district beginning on January 1 of the year following the date | 10 | | of
the referendum.
| 11 | | (g) With respect to taxing districts that do not have all | 12 | | of their
equalized assessed valuation located in a single | 13 | | county, if both of the
following conditions are met, then this | 14 | | Law shall no longer apply to the taxing
district beginning on | 15 | | January 1 of the year following the date of the
referendum.
| 16 | | (1) Each county in which the district has any equalized | 17 | | assessed valuation
must either, (i) have held a referendum | 18 | | under this Section, (ii) be an affected
county, or (iii) | 19 | | have held a referendum under Section 18-213 at which the
| 20 | | voters rejected the proposition at the most recent election | 21 | | at which the
question was on the ballot in the county.
| 22 | | (2) The majority of the equalized assessed valuation of | 23 | | the taxing
district,
other than any equalized assessed | 24 | | valuation in an affected county, is in one or
more counties | 25 | | in which the voters rejected the proposition. For purposes | 26 | | of
this
Section, in determining whether a majority of the |
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| 1 | | equalized assessed valuation
of the taxing district is | 2 | | located in one or more counties in which the voters
have | 3 | | rejected the proposition under this Section, the equalized | 4 | | assessed
valuation of any taxing district in a county which | 5 | | has held a referendum under
Section 18-213 at which the | 6 | | voters rejected that proposition, at the most
recent | 7 | | election at which the question was on the ballot in the | 8 | | county, will be
included with the equalized assessed value | 9 | | of the taxing district in counties
in
which the voters have | 10 | | rejected the referendum held under this Section.
| 11 | | (h) Immediately after a referendum is held under this | 12 | | Section, the county
clerk of the county holding the referendum | 13 | | shall give notice of the referendum
having been held and its | 14 | | results to all taxing districts that have all or a
portion of | 15 | | their equalized assessed valuation located in the county, the | 16 | | county
clerk of any other county in which any of the equalized | 17 | | assessed valuation of
any such taxing district is located, and | 18 | | the Department of Revenue. After the
last
referendum affecting | 19 | | a multi-county taxing district is held, the Department of
| 20 | | Revenue shall determine whether the taxing district is no | 21 | | longer subject to
this Law and, if the taxing district is no | 22 | | longer subject to this Law, the
Department of Revenue shall | 23 | | notify the taxing district and the county clerks of
all of the | 24 | | counties in which a portion of the equalized assessed valuation | 25 | | of
the taxing district is located that, beginning on January 1 | 26 | | of the
year following the date of the last
referendum, the |
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| 1 | | taxing district is no longer subject to this Law.
| 2 | | (i) Notwithstanding any other provision of law, no | 3 | | referendum may be submitted under this Section for levy year | 4 | | 2016 or thereafter. | 5 | | (Source: P.A. 89-718, eff. 3-7-97.)
| 6 | | (35 ILCS 200/18-242 new) | 7 | | Sec. 18-242. Home rule. This Division 5 is a limitation, | 8 | | under
subsection
(g) of Section 6 of Article VII of the | 9 | | Illinois Constitution, on the power of
home rule units to tax. | 10 | | Section 90. The State Mandates Act is amended by adding | 11 | | Section 8.39 as follows: | 12 | | (30 ILCS 805/8.39 new) | 13 | | Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8 | 14 | | of this Act, no reimbursement by the State is required for the | 15 | | implementation of any mandate created by this amendatory Act of | 16 | | the 99th General Assembly. |
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