Full Text of HB2275 103rd General Assembly
HB2275 103RD GENERAL ASSEMBLY |
| | 103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024 HB2275 Introduced 2/14/2023, by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: |
| 35 ILCS 200/18-185 | | 35 ILCS 200/18-205 | | 35 ILCS 200/18-213 | | 35 ILCS 200/18-214 | | 35 ILCS 200/18-242 new | |
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Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, for levy years 2024 through 2034, the term "taxing district" means all taxing districts in the State, including home rule units. Provides that, for levy years 2024 through 2034, the extension limitation is 0% or the rate of increase approved by the voters. Limits home rule powers. Effective immediately.
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| | A BILL FOR |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Property Tax Code is amended by changing | 5 | | Sections 18-185, 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 | 9 | | may be cited as the
Property Tax Extension Limitation Law. As | 10 | | used 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" means , for levy years other than | 15 | | levy years 2024 through 2034, (a) the lesser of 5% or the | 16 | | percentage increase
in the Consumer Price Index during the | 17 | | 12-month calendar year preceding the
levy year or (b) the rate | 18 | | of increase approved by voters under Section 18-205.
For levy | 19 | | years 2024 through 2034, "extension limitation" means the | 20 | | greater of 0% or the rate of increase approved by the voters | 21 | | under Section 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 | 7 | | counties contiguous to a
county with 3,000,000 or more | 8 | | inhabitants. Beginning with the 1995 levy
year, "taxing | 9 | | district" includes only each non-home rule taxing district
| 10 | | subject to this Law before the 1995 levy year and each non-home | 11 | | rule
taxing district not subject to this Law before the 1995 | 12 | | levy year having the
majority of its 1994 equalized assessed | 13 | | value in an affected county or
counties. Beginning with the | 14 | | levy year in
which this Law becomes applicable to a taxing | 15 | | district as
provided in Section 18-213, "taxing district" also | 16 | | includes those taxing
districts made subject to this Law as | 17 | | provided in Section 18-213.
For levy years 2024 through 2034, | 18 | | "taxing district" has the same meaning provided in Section | 19 | | 1-150 and includes home rule units.
| 20 | | "Aggregate extension" for taxing districts to which this | 21 | | Law applied before
the 1995 levy year means the annual | 22 | | corporate extension for the taxing
district and those special | 23 | | purpose extensions that are made annually for
the taxing | 24 | | district, excluding special purpose extensions: (a) made for | 25 | | the
taxing district to pay interest or principal on general | 26 | | obligation bonds
that were approved by referendum; (b) made |
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| 1 | | for any taxing district to pay
interest or principal on | 2 | | general obligation bonds issued before October 1,
1991; (c) | 3 | | made for any taxing district to pay interest or principal on | 4 | | bonds
issued to refund or continue to refund those bonds | 5 | | issued before October 1,
1991; (d)
made for any taxing | 6 | | district to pay interest or principal on bonds
issued to | 7 | | refund or continue to refund bonds issued after October 1, | 8 | | 1991 that
were approved by referendum; (e)
made for any taxing | 9 | | district to pay interest
or principal on revenue bonds issued | 10 | | before October 1, 1991 for payment of
which a property tax levy | 11 | | or the full faith and credit of the unit of local
government is | 12 | | pledged; however, a tax for the payment of interest or | 13 | | principal
on those bonds shall be made only after the | 14 | | governing body of the unit of local
government finds that all | 15 | | other sources for payment are insufficient to make
those | 16 | | payments; (f) made for payments under a building commission | 17 | | lease when
the lease payments are for the retirement of bonds | 18 | | issued by the commission
before October 1, 1991, to pay for the | 19 | | building project; (g) made for payments
due under installment | 20 | | contracts entered into before October 1, 1991;
(h) made for | 21 | | payments of principal and interest on bonds issued under the
| 22 | | Metropolitan Water Reclamation District Act to finance | 23 | | construction projects
initiated before October 1, 1991; (i) | 24 | | made for payments of principal and
interest on limited bonds, | 25 | | as defined in Section 3 of the Local Government Debt
Reform | 26 | | Act, in an amount not to exceed the debt service extension base |
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| 1 | | less
the amount in items (b), (c), (e), and (h) of this | 2 | | definition for
non-referendum obligations, except obligations | 3 | | initially issued pursuant to
referendum; (j) made for payments | 4 | | of principal and interest on bonds
issued under Section 15 of | 5 | | the Local Government Debt Reform Act; (k)
made
by a school | 6 | | district that participates in the Special Education District | 7 | | of
Lake County, created by special education joint agreement | 8 | | under Section
10-22.31 of the School Code, for payment of the | 9 | | school district's share of the
amounts required to be | 10 | | contributed by the Special Education District of Lake
County | 11 | | to the Illinois Municipal Retirement Fund under Article 7 of | 12 | | the
Illinois Pension Code; the amount of any extension under | 13 | | this item (k) shall be
certified by the school district to the | 14 | | county clerk; (l) made to fund
expenses of providing joint | 15 | | recreational programs for persons with disabilities under
| 16 | | Section 5-8 of
the
Park District Code or Section 11-95-14 of | 17 | | the Illinois Municipal Code; (m) made for temporary relocation | 18 | | loan repayment purposes pursuant to Sections 2-3.77 and | 19 | | 17-2.2d of the School Code; (n) made for payment of principal | 20 | | and interest on any bonds issued under the authority of | 21 | | Section 17-2.2d of the School Code; (o) made for contributions | 22 | | to a firefighter's pension fund created under Article 4 of the | 23 | | Illinois Pension Code, to the extent of the amount certified | 24 | | under item (5) of Section 4-134 of the Illinois Pension Code; | 25 | | and (p) made for road purposes in the first year after a | 26 | | township assumes the rights, powers, duties, assets, property, |
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| 1 | | liabilities, obligations, and
responsibilities of a road | 2 | | district abolished under the provisions of Section 6-133 of | 3 | | the Illinois Highway Code.
| 4 | | "Aggregate extension" for the taxing districts to which | 5 | | this Law did not
apply before the 1995 levy year (except taxing | 6 | | districts subject to this Law
in
accordance with Section | 7 | | 18-213) means the annual corporate extension for the
taxing | 8 | | district and those special purpose extensions that are made | 9 | | annually for
the taxing district, excluding special purpose | 10 | | extensions: (a) made for the
taxing district to pay interest | 11 | | or principal on general obligation bonds that
were approved by | 12 | | referendum; (b) made for any taxing district to pay interest
| 13 | | or principal on general obligation bonds issued before March | 14 | | 1, 1995; (c) made
for any taxing district to pay interest or | 15 | | principal on bonds issued to refund
or continue to refund | 16 | | those bonds issued before March 1, 1995; (d) made for any
| 17 | | taxing district to pay interest or principal on bonds issued | 18 | | to refund or
continue to refund bonds issued after March 1, | 19 | | 1995 that were approved by
referendum; (e) made for any taxing | 20 | | district to pay interest or principal on
revenue bonds issued | 21 | | before March 1, 1995 for payment of which a property tax
levy | 22 | | or the full faith and credit of the unit of local government is | 23 | | pledged;
however, a tax for the payment of interest or | 24 | | principal on those bonds shall be
made only after the | 25 | | governing body of the unit of local government finds that
all | 26 | | other sources for payment are insufficient to make those |
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| 1 | | payments; (f) made
for payments under a building commission | 2 | | lease when the lease payments are for
the retirement of bonds | 3 | | issued by the commission before March 1, 1995 to
pay for the | 4 | | building project; (g) made for payments due under installment
| 5 | | contracts entered into before March 1, 1995; (h) made for | 6 | | payments of
principal and interest on bonds issued under the | 7 | | Metropolitan Water Reclamation
District Act to finance | 8 | | construction projects initiated before October 1,
1991; (h-4) | 9 | | made for stormwater management purposes by the Metropolitan | 10 | | Water Reclamation District of Greater Chicago under Section 12 | 11 | | of the Metropolitan Water Reclamation District Act; (h-8) made | 12 | | for payments of principal and interest on bonds issued under | 13 | | Section 9.6a of the Metropolitan Water Reclamation District | 14 | | Act to make contributions to the pension fund established | 15 | | under Article 13 of the Illinois Pension Code; (i) made for | 16 | | payments of principal and interest on limited bonds,
as | 17 | | defined in Section 3 of the Local Government Debt Reform Act, | 18 | | in an amount
not to exceed the debt service extension base less | 19 | | the amount in items (b),
(c), and (e) of this definition for | 20 | | non-referendum obligations, except
obligations initially | 21 | | issued pursuant to referendum and bonds described in
| 22 | | subsections (h) and (h-8) of this definition; (j) made for | 23 | | payments of
principal and interest on bonds issued under | 24 | | Section 15 of the Local Government
Debt Reform Act; (k) made | 25 | | for payments of principal and interest on bonds
authorized by | 26 | | Public Act 88-503 and issued under Section 20a of the Chicago
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| 1 | | Park District Act for aquarium or
museum projects and bonds | 2 | | issued under Section 20a of the Chicago Park District Act for | 3 | | the purpose of making contributions to the pension fund | 4 | | established under Article 12 of the Illinois Pension Code; (l) | 5 | | made for payments of principal and interest on
bonds
| 6 | | authorized by Public Act 87-1191 or 93-601 and (i) issued | 7 | | pursuant to Section 21.2 of the Cook County Forest
Preserve | 8 | | District Act, (ii) issued under Section 42 of the Cook County
| 9 | | Forest Preserve District Act for zoological park projects, or | 10 | | (iii) issued
under Section 44.1 of the Cook County Forest | 11 | | Preserve District Act for
botanical gardens projects; (m) made
| 12 | | pursuant
to Section 34-53.5 of the School Code, whether levied | 13 | | annually or not;
(n) made to fund expenses of providing joint | 14 | | recreational programs for persons with disabilities under | 15 | | Section 5-8 of the Park
District Code or Section 11-95-14 of | 16 | | the Illinois Municipal Code;
(o) made by the
Chicago Park
| 17 | | District for recreational programs for persons with | 18 | | disabilities under subsection (c) of
Section
7.06 of the | 19 | | Chicago Park District Act; (p) made for contributions to a | 20 | | firefighter's pension fund created under Article 4 of the | 21 | | Illinois Pension Code, to the extent of the amount certified | 22 | | under item (5) of Section 4-134 of the Illinois Pension Code; | 23 | | (q) made by Ford Heights School District 169 under Section | 24 | | 17-9.02 of the School Code; and (r) made for the purpose of | 25 | | making employer contributions to the Public School Teachers' | 26 | | Pension and Retirement Fund of Chicago under Section 34-53 of |
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| 1 | | the School Code.
| 2 | | "Aggregate extension" for all taxing districts to which | 3 | | this Law applies in
accordance with Section 18-213, except for | 4 | | those taxing districts subject to
paragraph (2) of subsection | 5 | | (e) of Section 18-213, means the annual corporate
extension | 6 | | for the
taxing district and those special purpose extensions | 7 | | that are made annually for
the taxing district, excluding | 8 | | special purpose extensions: (a) made for the
taxing district | 9 | | to pay interest or principal on general obligation bonds that
| 10 | | were approved by referendum; (b) made for any taxing district | 11 | | to pay interest
or principal on general obligation bonds | 12 | | issued before the date on which the
referendum making this
Law | 13 | | applicable to the taxing district is held; (c) made
for any | 14 | | taxing district to pay interest or principal on bonds issued | 15 | | to refund
or continue to refund those bonds issued before the | 16 | | date on which the
referendum making this Law
applicable to the | 17 | | taxing district is held;
(d) made for any
taxing district to | 18 | | pay interest or principal on bonds issued to refund or
| 19 | | continue to refund bonds issued after the date on which the | 20 | | referendum making
this Law
applicable to the taxing district | 21 | | is held if the bonds were approved by
referendum after the date | 22 | | on which the referendum making this Law
applicable to the | 23 | | taxing district is held; (e) made for any
taxing district to | 24 | | pay interest or principal on
revenue bonds issued before the | 25 | | date on which the referendum making this Law
applicable to the
| 26 | | taxing district is held for payment of which a property tax
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| 1 | | levy or the full faith and credit of the unit of local | 2 | | government is pledged;
however, a tax for the payment of | 3 | | interest or principal on those bonds shall be
made only after | 4 | | the governing body of the unit of local government finds that
| 5 | | all other sources for payment are insufficient to make those | 6 | | payments; (f) made
for payments under a building commission | 7 | | lease when the lease payments are for
the retirement of bonds | 8 | | issued by the commission before the date on which the
| 9 | | referendum making this
Law applicable to the taxing district | 10 | | is held to
pay for the building project; (g) made for payments | 11 | | due under installment
contracts entered into before the date | 12 | | on which the referendum making this Law
applicable to
the | 13 | | taxing district is held;
(h) made for payments
of principal | 14 | | and interest on limited bonds,
as defined in Section 3 of the | 15 | | Local Government Debt Reform Act, in an amount
not to exceed | 16 | | the debt service extension base less the amount in items (b),
| 17 | | (c), and (e) of this definition for non-referendum | 18 | | obligations, except
obligations initially issued pursuant to | 19 | | referendum; (i) made for payments
of
principal and interest on | 20 | | bonds issued under Section 15 of the Local Government
Debt | 21 | | Reform Act;
(j)
made for a qualified airport authority to pay | 22 | | interest or principal on
general obligation bonds issued for | 23 | | the purpose of paying obligations due
under, or financing | 24 | | airport facilities required to be acquired, constructed,
| 25 | | installed or equipped pursuant to, contracts entered into | 26 | | before March
1, 1996 (but not including any amendments to such |
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| 1 | | a contract taking effect on
or after that date); (k) made to | 2 | | fund expenses of providing joint
recreational programs for | 3 | | persons with disabilities under Section 5-8 of
the
Park | 4 | | District Code or Section 11-95-14 of the Illinois Municipal | 5 | | Code; (l) made for contributions to a firefighter's pension | 6 | | fund created under Article 4 of the Illinois Pension Code, to | 7 | | the extent of the amount certified under item (5) of Section | 8 | | 4-134 of the Illinois Pension Code; and (m) made for the taxing | 9 | | district to pay interest or principal on general obligation | 10 | | bonds issued pursuant to Section 19-3.10 of the School Code.
| 11 | | "Aggregate extension" for all taxing districts to which | 12 | | this Law applies in
accordance with paragraph (2) of | 13 | | subsection (e) of Section 18-213 means the
annual corporate | 14 | | extension for the
taxing district and those special purpose | 15 | | extensions that are made annually for
the taxing district, | 16 | | excluding special purpose extensions: (a) made for the
taxing | 17 | | district to pay interest or principal on general obligation | 18 | | bonds that
were approved by referendum; (b) made for any | 19 | | taxing district to pay interest
or principal on general | 20 | | obligation bonds issued before March 7, 1997 (the effective | 21 | | date of Public Act 89-718);
(c) made
for any taxing district to | 22 | | pay interest or principal on bonds issued to refund
or | 23 | | continue to refund those bonds issued before March 7, 1997 | 24 | | (the effective date
of Public Act 89-718);
(d) made for any
| 25 | | taxing district to pay interest or principal on bonds issued | 26 | | to refund or
continue to refund bonds issued after March 7, |
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| 1 | | 1997 (the effective date of Public Act 89-718) if the bonds | 2 | | were approved by referendum after March 7, 1997 (the effective | 3 | | date of Public Act 89-718);
(e) made for any
taxing district to | 4 | | pay interest or principal on
revenue bonds issued before March | 5 | | 7, 1997 (the effective date of Public Act 89-718)
for payment | 6 | | of which a property tax
levy or the full faith and credit of | 7 | | the unit of local government is pledged;
however, a tax for the | 8 | | payment of interest or principal on those bonds shall be
made | 9 | | only after the governing body of the unit of local government | 10 | | finds that
all other sources for payment are insufficient to | 11 | | make those payments; (f) made
for payments under a building | 12 | | commission lease when the lease payments are for
the | 13 | | retirement of bonds issued by the commission before March 7, | 14 | | 1997 (the effective date
of Public Act 89-718)
to
pay for the | 15 | | building project; (g) made for payments due under installment
| 16 | | contracts entered into before March 7, 1997 (the effective | 17 | | date of Public Act 89-718);
(h) made for payments
of principal | 18 | | and interest on limited bonds,
as defined in Section 3 of the | 19 | | Local Government Debt Reform Act, in an amount
not to exceed | 20 | | the debt service extension base less the amount in items (b),
| 21 | | (c), and (e) of this definition for non-referendum | 22 | | obligations, except
obligations initially issued pursuant to | 23 | | referendum; (i) made for payments
of
principal and interest on | 24 | | bonds issued under Section 15 of the Local Government
Debt | 25 | | Reform Act;
(j)
made for a qualified airport authority to pay | 26 | | interest or principal on
general obligation bonds issued for |
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| 1 | | the purpose of paying obligations due
under, or financing | 2 | | airport facilities required to be acquired, constructed,
| 3 | | installed or equipped pursuant to, contracts entered into | 4 | | before March
1, 1996 (but not including any amendments to such | 5 | | a contract taking effect on
or after that date); (k) made to | 6 | | fund expenses of providing joint
recreational programs for | 7 | | persons with disabilities under Section 5-8 of
the
Park | 8 | | District Code or Section 11-95-14 of the Illinois Municipal | 9 | | Code; and (l) made for contributions to a firefighter's | 10 | | pension fund created under Article 4 of the Illinois Pension | 11 | | Code, to the extent of the amount certified under item (5) of | 12 | | Section 4-134 of the Illinois Pension Code.
| 13 | | "Aggregate extension" means, for taxing districts that | 14 | | became subject to this Law as a result of this amendatory Act | 15 | | of the 103rd General Assembly, the
annual corporate extension | 16 | | for the
taxing district and those special purpose extensions | 17 | | that are made annually for
the taxing district, excluding | 18 | | special purpose extensions made for debt service or for | 19 | | contributions to a pension fund. | 20 | | "Debt service extension base" means an amount equal to | 21 | | that portion of the
extension for a taxing district for the | 22 | | 1994 levy year, or for those taxing
districts subject to this | 23 | | Law in accordance with Section 18-213, except for
those | 24 | | subject to paragraph (2) of subsection (e) of Section 18-213, | 25 | | for the
levy
year in which the referendum making this Law | 26 | | applicable to the taxing district
is held, or for those taxing |
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| 1 | | districts subject to this Law in accordance with
paragraph (2) | 2 | | of subsection (e) of Section 18-213 for the 1996 levy year,
| 3 | | constituting an
extension for payment of principal and | 4 | | interest on bonds issued by the taxing
district without | 5 | | referendum, but not including excluded non-referendum bonds. | 6 | | For park districts (i) that were first
subject to this Law in | 7 | | 1991 or 1995 and (ii) whose extension for the 1994 levy
year | 8 | | for the payment of principal and interest on bonds issued by | 9 | | the park
district without referendum (but not including | 10 | | excluded non-referendum bonds)
was less than 51% of the amount | 11 | | for the 1991 levy year constituting an
extension for payment | 12 | | of principal and interest on bonds issued by the park
district | 13 | | without referendum (but not including excluded non-referendum | 14 | | bonds),
"debt service extension base" means an amount equal to | 15 | | that portion of the
extension for the 1991 levy year | 16 | | constituting an extension for payment of
principal and | 17 | | interest on bonds issued by the park district without | 18 | | referendum
(but not including excluded non-referendum bonds). | 19 | | A debt service extension base established or increased at any | 20 | | time pursuant to any provision of this Law, except Section | 21 | | 18-212, shall be increased each year commencing with the later | 22 | | of (i) the 2009 levy year or (ii) the first levy year in which | 23 | | this Law becomes applicable to the taxing district, by the | 24 | | lesser of 5% or the percentage increase in the Consumer Price | 25 | | Index during the 12-month calendar year preceding the levy | 26 | | year. The debt service extension
base may be established or |
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| 1 | | increased as provided under Section 18-212.
"Excluded | 2 | | non-referendum bonds" means (i) bonds authorized by Public
Act | 3 | | 88-503 and issued under Section 20a of the Chicago Park | 4 | | District Act for
aquarium and museum projects; (ii) bonds | 5 | | issued under Section 15 of the
Local Government Debt Reform | 6 | | Act; or (iii) refunding obligations issued
to refund or to | 7 | | continue to refund obligations initially issued pursuant to
| 8 | | referendum.
| 9 | | "Special purpose extensions" include, but are not limited | 10 | | to, extensions
for levies made on an annual basis for | 11 | | unemployment and workers'
compensation, self-insurance, | 12 | | contributions to pension plans, and extensions
made pursuant | 13 | | to Section 6-601 of the Illinois Highway Code for a road
| 14 | | district's permanent road fund whether levied annually or not. | 15 | | The
extension for a special service area is not included in the
| 16 | | aggregate extension.
| 17 | | "Aggregate extension base" means the taxing district's | 18 | | last preceding
aggregate extension as adjusted under Sections | 19 | | 18-135, 18-215,
18-230, 18-206, and 18-233. Beginning with | 20 | | levy year 2022, for taxing districts that are specified in | 21 | | Section 18-190.7, the taxing district's aggregate extension | 22 | | base shall be calculated as provided in Section 18-190.7.
An | 23 | | adjustment under Section 18-135 shall be made for the 2007 | 24 | | levy year and all subsequent levy years whenever one or more | 25 | | counties within which a taxing district is located (i) used | 26 | | estimated valuations or rates when extending taxes in the |
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| 1 | | taxing district for the last preceding levy year that resulted | 2 | | in the over or under extension of taxes, or (ii) increased or | 3 | | decreased the tax extension for the last preceding levy year | 4 | | as required by Section 18-135(c). Whenever an adjustment is | 5 | | required under Section 18-135, the aggregate extension base of | 6 | | the taxing district shall be equal to the amount that the | 7 | | aggregate extension of the taxing district would have been for | 8 | | the last preceding levy year if either or both (i) actual, | 9 | | rather than estimated, valuations or rates had been used to | 10 | | calculate the extension of taxes for the last levy year, or | 11 | | (ii) the tax extension for the last preceding levy year had not | 12 | | been adjusted as required by subsection (c) of Section 18-135.
| 13 | | Notwithstanding any other provision of law, for levy year | 14 | | 2012, the aggregate extension base for West Northfield School | 15 | | District No. 31 in Cook County shall be $12,654,592. | 16 | | Notwithstanding any other provision of law, for levy year | 17 | | 2022, the aggregate extension base of a home equity assurance | 18 | | program that levied at least $1,000,000 in property taxes in | 19 | | levy year 2019 or 2020 under the Home Equity Assurance Act | 20 | | shall be the amount that the program's aggregate extension | 21 | | base for levy year 2021 would have been if the program had | 22 | | levied a property tax for levy year 2021. | 23 | | "Levy year" has the same meaning as "year" under Section
| 24 | | 1-155.
| 25 | | "New property" means (i) the assessed value, after final | 26 | | board of review or
board of appeals action, of new |
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| 1 | | improvements or additions to existing
improvements on any | 2 | | parcel of real property that increase the assessed value of
| 3 | | that real property during the levy year multiplied by the | 4 | | equalization factor
issued by the Department under Section | 5 | | 17-30, (ii) the assessed value, after
final board of review or | 6 | | board of appeals action, of real property not exempt
from real | 7 | | estate taxation, which real property was exempt from real | 8 | | estate
taxation for any portion of the immediately preceding | 9 | | levy year, multiplied by
the equalization factor issued by the | 10 | | Department under Section 17-30, including the assessed value, | 11 | | upon final stabilization of occupancy after new construction | 12 | | is complete, of any real property located within the | 13 | | boundaries of an otherwise or previously exempt military | 14 | | reservation that is intended for residential use and owned by | 15 | | or leased to a private corporation or other entity,
(iii) in | 16 | | counties that classify in accordance with Section 4 of Article
| 17 | | IX of the
Illinois Constitution, an incentive property's | 18 | | additional assessed value
resulting from a
scheduled increase | 19 | | in the level of assessment as applied to the first year
final | 20 | | board of
review market value, and (iv) any increase in | 21 | | assessed value due to oil or gas production from an oil or gas | 22 | | well required to be permitted under the Hydraulic Fracturing | 23 | | Regulatory Act that was not produced in or accounted for | 24 | | during the previous levy year.
In addition, the county clerk | 25 | | in a county containing a population of
3,000,000 or more shall | 26 | | include in the 1997
recovered tax increment value for any |
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| 1 | | school district, any recovered tax
increment value that was | 2 | | applicable to the 1995 tax year calculations.
| 3 | | "Qualified airport authority" means an airport authority | 4 | | organized under
the Airport Authorities Act and located in a | 5 | | county bordering on the State of
Wisconsin and having a | 6 | | population in excess of 200,000 and not greater than
500,000.
| 7 | | "Recovered tax increment value" means, except as otherwise | 8 | | provided in this
paragraph, the amount of the current year's | 9 | | equalized assessed value, in the
first year after a | 10 | | municipality terminates
the designation of an area as a | 11 | | redevelopment project area previously
established under the | 12 | | Tax Increment Allocation Redevelopment Act in the Illinois
| 13 | | Municipal Code, previously established under the Industrial | 14 | | Jobs Recovery Law
in the Illinois Municipal Code, previously | 15 | | established under the Economic Development Project Area Tax | 16 | | Increment Act of 1995, or previously established under the | 17 | | Economic
Development Area Tax Increment Allocation Act, of | 18 | | each taxable lot, block,
tract, or parcel of real property in | 19 | | the redevelopment project area over and
above the initial | 20 | | equalized assessed value of each property in the
redevelopment | 21 | | project area.
For the taxes which are extended for the 1997 | 22 | | levy year, the recovered tax
increment value for a non-home | 23 | | rule taxing district that first became subject
to this Law for | 24 | | the 1995 levy year because a majority of its 1994 equalized
| 25 | | assessed value was in an affected county or counties shall be | 26 | | increased if a
municipality terminated the designation of an |
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| 1 | | area in 1993 as a redevelopment
project area previously | 2 | | established under the Tax Increment Allocation Redevelopment
| 3 | | Act in the Illinois Municipal Code, previously established | 4 | | under
the Industrial Jobs Recovery Law in the Illinois | 5 | | Municipal Code, or previously
established under the Economic | 6 | | Development Area Tax Increment Allocation Act,
by an amount | 7 | | equal to the 1994 equalized assessed value of each taxable | 8 | | lot,
block, tract, or parcel of real property in the | 9 | | redevelopment project area over
and above the initial | 10 | | equalized assessed value of each property in the
redevelopment | 11 | | project area.
In the first year after a municipality
removes a | 12 | | taxable lot, block, tract, or parcel of real property from a
| 13 | | redevelopment project area established under the Tax Increment | 14 | | Allocation Redevelopment
Act in the Illinois
Municipal Code, | 15 | | the Industrial Jobs Recovery Law
in the Illinois Municipal | 16 | | Code, or the Economic
Development Area Tax Increment | 17 | | Allocation Act, "recovered tax increment value"
means the | 18 | | amount of the current year's equalized assessed value of each | 19 | | taxable
lot, block, tract, or parcel of real property removed | 20 | | from the redevelopment
project area over and above the initial | 21 | | equalized assessed value of that real
property before removal | 22 | | from the redevelopment project area.
| 23 | | Except as otherwise provided in this Section, "limiting | 24 | | rate" means a
fraction the numerator of which is the last
| 25 | | preceding aggregate extension base times an amount equal to | 26 | | one plus the
extension limitation defined in this Section and |
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| 1 | | the denominator of which
is the current year's equalized | 2 | | assessed value of all real property in the
territory under the | 3 | | jurisdiction of the taxing district during the prior
levy | 4 | | year. For those taxing districts that reduced their aggregate
| 5 | | extension for the last preceding levy year, except for school | 6 | | districts that reduced their extension for educational | 7 | | purposes pursuant to Section 18-206, the highest aggregate | 8 | | extension
in any of the last 3 preceding levy years shall be | 9 | | used for the purpose of
computing the limiting rate. The | 10 | | denominator shall not include new
property or the recovered | 11 | | tax increment
value.
If a new rate, a rate decrease, or a | 12 | | limiting rate increase has been approved at an election held | 13 | | after March 21, 2006, then (i) the otherwise applicable | 14 | | limiting rate shall be increased by the amount of the new rate | 15 | | or shall be reduced by the amount of the rate decrease, as the | 16 | | case may be, or (ii) in the case of a limiting rate increase, | 17 | | the limiting rate shall be equal to the rate set forth
in the | 18 | | proposition approved by the voters for each of the years | 19 | | specified in the proposition, after
which the limiting rate of | 20 | | the taxing district shall be calculated as otherwise provided. | 21 | | In the case of a taxing district that obtained referendum | 22 | | approval for an increased limiting rate on March 20, 2012, the | 23 | | limiting rate for tax year 2012 shall be the rate that | 24 | | generates the approximate total amount of taxes extendable for | 25 | | that tax year, as set forth in the proposition approved by the | 26 | | voters; this rate shall be the final rate applied by the county |
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| 1 | | clerk for the aggregate of all capped funds of the district for | 2 | | tax year 2012.
| 3 | | (Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21; | 4 | | 102-519, eff. 8-20-21; 102-558, eff. 8-20-21; 102-707, eff. | 5 | | 4-22-22; 102-813, eff. 5-13-22; 102-895, eff. 5-23-22; revised | 6 | | 8-29-22.)
| 7 | | (35 ILCS 200/18-205)
| 8 | | Sec. 18-205. Referendum to increase the extension | 9 | | limitation. | 10 | | (a) A taxing
district is limited to an extension | 11 | | limitation as defined in Section 18-185 of 5% or the | 12 | | percentage increase
in the Consumer Price Index during the | 13 | | 12-month calendar year preceding the
levy year, whichever is | 14 | | less . A taxing district may increase its extension
limitation | 15 | | for one or more levy years if that taxing district holds a | 16 | | referendum
before the levy date for the first levy year at | 17 | | which a majority of voters voting on the issue approves
| 18 | | adoption of a higher extension limitation. Referenda shall be | 19 | | conducted at a
regularly scheduled election in accordance with | 20 | | the Election Code. | 21 | | (b) The question shall be presented in
substantially the | 22 | | following manner for all elections held after March 21, 2006 :
| 23 | | Shall the extension limitation under the Property Tax | 24 | | Extension Limitation Law for (insert the legal name, | 25 | | number, if any, and county or counties of the taxing |
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| 1 | | district and geographic or other common name by which a | 2 | | school or community college district is known and referred | 3 | | to), Illinois, be increased from (applicable extension | 4 | | limitation set forth in Section 18-185) the lesser of 5% | 5 | | or the percentage increase in the Consumer Price Index | 6 | | over the prior levy year to (insert the percentage of the | 7 | | proposed increase)% per year for (insert each levy year | 8 | | for which the increased extension limitation will apply)? | 9 | | (c) The votes must be recorded as "Yes" or "No".
| 10 | | If a majority of voters voting on the issue approves the | 11 | | adoption of
the increase, the increase shall be applicable for | 12 | | each
levy year specified.
| 13 | | (d) The ballot for any question submitted pursuant to this | 14 | | Section shall have printed thereon, but not as a part of the | 15 | | question submitted, only the following supplemental | 16 | | information (which shall be supplied to the election authority | 17 | | by the taxing district) in substantially the following form: | 18 | | (1) For the (insert the first levy year for which the | 19 | | increased extension
limitation will be applicable) levy | 20 | | year the approximate amount of the additional tax
| 21 | | extendable against property containing a single family | 22 | | residence and having a fair market
value at the time of the | 23 | | referendum of $100,000 is estimated to be $.... | 24 | | (2) Based upon an average annual percentage increase | 25 | | (or decrease) in the
market value of such property of ...% | 26 | | (insert percentage equal to the average
annual percentage |
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| 1 | | increase or decrease for the prior 3 levy years, at the | 2 | | time the
submission of the question is initiated by the | 3 | | taxing district, in the amount of (A) the
equalized | 4 | | assessed value of the taxable property in the taxing | 5 | | district less (B) the new
property included in the | 6 | | equalized assessed value), the approximate amount of the
| 7 | | additional tax extendable against such property for the | 8 | | ... levy year is estimated to be
$... and for the ... levy | 9 | | year is estimated to be $.... | 10 | | Paragraph (2) shall be included only if the increased | 11 | | extension limitation will be applicable for more than one year | 12 | | and shall list each levy year for which the increased | 13 | | extension limitation will be applicable. The additional tax | 14 | | shown for each levy year shall be the approximate dollar | 15 | | amount of the increase over the amount of the most recently | 16 | | completed extension at the time the submission of the question | 17 | | is initiated by the taxing district. The approximate amount of | 18 | | the additional tax extendable shown in paragraphs (1) and (2) | 19 | | shall be calculated by multiplying $100,000 (the fair market | 20 | | value of the property without regard to any property tax | 21 | | exemptions) by (i) the percentage level of assessment | 22 | | prescribed for that property by statute, or by ordinance of | 23 | | the county board in counties that classify property for | 24 | | purposes of taxation in accordance with Section 4 of Article | 25 | | IX of the Illinois Constitution; (ii) the most recent final | 26 | | equalization factor certified to the county clerk by the |
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| 1 | | Department of Revenue at the time the taxing district | 2 | | initiates the submission of the proposition to the electors; | 3 | | (iii) the last known aggregate extension base of the taxing | 4 | | district at the time the submission of the question is | 5 | | initiated by the taxing district; and (iv) the difference | 6 | | between the percentage increase proposed in the question and | 7 | | the otherwise applicable extension limitation under Section | 8 | | 18-185 the lesser of 5% or the percentage increase in the | 9 | | Consumer Price Index for the prior levy year (or an estimate of | 10 | | the percentage increase for the prior levy year if the | 11 | | increase is unavailable at the time the submission of the | 12 | | question is initiated by the taxing district) ; and dividing | 13 | | the result by the last known equalized assessed value of the | 14 | | taxing district at the time the submission of the question is | 15 | | initiated by the taxing district. This amendatory Act of the | 16 | | 97th General Assembly is intended to clarify the existing | 17 | | requirements of this Section, and shall not be construed to | 18 | | validate any prior non-compliant referendum language. Any | 19 | | notice required to be published in connection with the | 20 | | submission of the question shall also contain this | 21 | | supplemental information and shall not contain any other | 22 | | supplemental information. Any error, miscalculation, or | 23 | | inaccuracy in computing any amount set forth on the ballot or | 24 | | in the notice that is not deliberate shall not invalidate or | 25 | | affect the validity of any proposition approved. Notice of the | 26 | | referendum shall be published and posted as otherwise required |
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| 1 | | by law, and the submission of the question shall be initiated | 2 | | as provided by law.
| 3 | | (Source: P.A. 97-1087, eff. 8-24-12.)
| 4 | | (35 ILCS 200/18-213)
| 5 | | Sec. 18-213.
Referenda on applicability of the Property | 6 | | Tax Extension
Limitation Law.
| 7 | | (a) The provisions of this Section do not apply to a taxing | 8 | | district
subject
to this Law because a majority of its 1990 | 9 | | equalized assessed value is in a
county or counties contiguous | 10 | | to a county of 3,000,000 or more inhabitants, or
because a | 11 | | majority of its 1994 equalized assessed value is in an | 12 | | affected
county and the taxing district was not subject to | 13 | | this Law before the 1995 levy
year.
| 14 | | (b) The county board of a county that is not subject to | 15 | | this Law
may, by ordinance or resolution, submit to the voters | 16 | | of the
county the question of whether to
make all non-home rule | 17 | | taxing districts
that
have all or a portion of their equalized | 18 | | assessed valuation
situated in the county subject to this Law | 19 | | in the manner set forth in this
Section.
| 20 | | For purposes of this Section only:
| 21 | | "Taxing district" has the same meaning provided in Section | 22 | | 1-150.
| 23 | | "Equalized
assessed valuation" means the equalized | 24 | | assessed valuation for a taxing
district for the immediately | 25 | | preceding levy year.
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| 1 | | (c) The ordinance or resolution shall request the | 2 | | submission of
the
proposition at any election, except a | 3 | | consolidated primary election, for the
purpose of voting for | 4 | | or against making the Property
Tax Extension Limitation Law | 5 | | applicable to all non-home rule taxing districts
that have all
| 6 | | or a
portion of their equalized assessed valuation situated in | 7 | | the county.
| 8 | | The question shall be placed on a separate
ballot and | 9 | | shall be in substantially the following form:
| 10 | | Shall the Property Tax Extension Limitation Law (35 | 11 | | ILCS 200/18-185 through
18-245), which
limits annual | 12 | | property tax extension increases, apply to non-home
rule | 13 | | taxing
districts with all or a portion of their equalized | 14 | | assessed valuation located
in
(name of county)?
| 15 | | Votes on the question shall be recorded as "yes" or "no".
| 16 | | (d) The county clerk
shall order the proposition submitted | 17 | | to the electors of the county
at the election specified in the | 18 | | ordinance or resolution.
If part of the county is under the | 19 | | jurisdiction of
a board or boards of election commissioners, | 20 | | the county clerk
shall submit a certified copy of
the | 21 | | ordinance or resolution to each board of election | 22 | | commissioners,
which shall order the
proposition submitted to | 23 | | the electors of the taxing district within its
jurisdiction at | 24 | | the election specified in the ordinance or resolution.
| 25 | | (e) (1) With respect to taxing districts having all of | 26 | | their equalized
assessed
valuation located in the county, |
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| 1 | | if a majority of the votes cast on the
proposition are in | 2 | | favor of the proposition, then this Law becomes applicable
| 3 | | to the taxing district beginning on January 1 of the year | 4 | | following the date of
the referendum.
| 5 | | (2) With respect to taxing districts that meet all the | 6 | | following
conditions this Law shall become applicable to | 7 | | the taxing district beginning
on January 1, 1997. The | 8 | | districts to which this paragraph (2) is applicable
| 9 | | (A) do not have all of their equalized assessed | 10 | | valuation located in a
single county,
| 11 | | (B) have equalized assessed valuation in an | 12 | | affected county,
| 13 | | (C) meet the condition that each county, other | 14 | | than an affected county,
in which any of the equalized | 15 | | assessed valuation of the taxing district is
located | 16 | | has held a referendum under this Section at any | 17 | | election, except a
consolidated primary election, held | 18 | | prior to the effective date of this
amendatory Act of | 19 | | 1997, and
| 20 | | (D) have a majority of the district's equalized | 21 | | assessed valuation
located in one or more counties in | 22 | | each of which the voters have approved a
referendum | 23 | | under this Section prior to the effective date of this | 24 | | amendatory
Act of 1997.
For purposes of this Section, | 25 | | in determining whether a majority of the
equalized | 26 | | assessed valuation of the taxing district is located |
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| 1 | | in one or more
counties in which the voters have | 2 | | approved a referendum under this Section, the
| 3 | | equalized assessed valuation of the taxing district in | 4 | | any affected county
shall be included with the | 5 | | equalized assessed value of the taxing district in
| 6 | | counties in which the voters have approved the | 7 | | referendum.
| 8 | | (3) With respect to taxing districts that do not have | 9 | | all of
their equalized
assessed valuation located in a | 10 | | single county and to which paragraph (2) of
subsection (e) | 11 | | is not applicable, if each county other than an
affected | 12 | | county in which any of
the equalized assessed valuation of | 13 | | the taxing
district is located has held a referendum under | 14 | | this Section at any election,
except a consolidated | 15 | | primary election, held in any year and if a majority of
the | 16 | | equalized
assessed valuation of the taxing district is | 17 | | located in one or more counties
that have each approved a | 18 | | referendum under this Section,
then this Law shall become | 19 | | applicable to the taxing district on
January 1 of the year | 20 | | following the year in which the last referendum in a
| 21 | | county in which the taxing district has any equalized | 22 | | assessed valuation is
held.
For the purposes of this Law, | 23 | | the last referendum shall be deemed to be the
referendum | 24 | | making this Law applicable to the taxing district. For | 25 | | purposes
of this Section, in determining whether a | 26 | | majority of the equalized assessed
valuation of the taxing |
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| 1 | | district is located in one or more counties that have
| 2 | | approved a referendum under this Section, the equalized | 3 | | assessed valuation of
the taxing district in any affected | 4 | | county shall be included with the equalized
assessed value | 5 | | of the taxing district in counties that have approved the
| 6 | | referendum.
| 7 | | (f) Immediately after a referendum is held under this | 8 | | Section, the county
clerk of the
county holding the referendum | 9 | | shall give notice of the referendum having been
held and its | 10 | | results to all taxing districts that have all
or a portion of | 11 | | their equalized assessed valuation located in the county, the
| 12 | | county clerk of any other county in which any of the equalized | 13 | | assessed
valuation of any taxing district is located, and the | 14 | | Department of Revenue.
After the last referendum affecting a | 15 | | multi-county taxing district is held, the
Department of | 16 | | Revenue
shall determine whether the taxing district is subject | 17 | | to this Law
and, if so, shall notify the taxing district and | 18 | | the county clerks of all of
the
counties in which a portion of | 19 | | the equalized assessed valuation of the
taxing district is | 20 | | located that, beginning the following January 1, the
taxing
| 21 | | district is subject to this Law.
For each taxing district | 22 | | subject to paragraph (2) of subsection (e) of this
Section, | 23 | | the Department of Revenue shall notify the taxing district and | 24 | | the
county clerks of all of the counties in which a portion of | 25 | | the equalized
assessed valuation of the taxing district is | 26 | | located that, beginning January 1,
1997, the taxing district |
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| 1 | | is subject to this Law.
| 2 | | (g) Referenda held under this Section shall be conducted | 3 | | in accordance with
the Election Code.
| 4 | | (h) Notwithstanding any other provision of law, no | 5 | | referenda may be held under this Section that applies to a levy | 6 | | year beginning on or after January 1, 2024 and beginning prior | 7 | | to January 1, 2035. | 8 | | (Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
| 9 | | (35 ILCS 200/18-214)
| 10 | | Sec. 18-214.
Referenda on removal of the applicability of | 11 | | the Property Tax
Extension Limitation Law to non-home rule | 12 | | taxing districts.
| 13 | | (a) The provisions of this Section do not apply to a taxing | 14 | | district that is
subject to this Law because a majority of its | 15 | | 1990 equalized assessed value is
in a county or counties | 16 | | contiguous to a county of 3,000,000 or more
inhabitants, or | 17 | | because a majority of its 1994 equalized assessed value is in
| 18 | | an
affected county and the taxing district was not subject to | 19 | | this Law before the
1995 levy year.
| 20 | | (b) For purposes of this Section only:
| 21 | | "Taxing district" means any non-home rule taxing district | 22 | | that became subject
to this Law under Section 18-213 of this | 23 | | Law.
| 24 | | "Equalized assessed valuation" means the equalized | 25 | | assessed valuation for a
taxing district for the immediately |
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| 1 | | preceding levy year.
| 2 | | (c) The county board of a county that became subject to | 3 | | this Law by a
referendum approved by the voters of the county | 4 | | under Section 18-213 may, by
ordinance or resolution, in the | 5 | | manner set forth in this Section, submit to the
voters of the | 6 | | county the question of whether this Law applies to all | 7 | | non-home
rule taxing
districts that have all or a portion of | 8 | | their equalized assessed valuation
situated in the county in | 9 | | the manner set forth in this Section.
| 10 | | (d) The ordinance or resolution shall request the | 11 | | submission of the
proposition at any election, except a | 12 | | consolidated primary election, for the
purpose of voting for | 13 | | or against the continued application of the Property Tax
| 14 | | Extension Limitation Law to all non-home rule taxing districts | 15 | | that have all or
a portion of their equalized assessed | 16 | | valuation situated in the county.
| 17 | | The question shall be placed on a separate ballot and | 18 | | shall be 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)?
| 24 | | Votes on the question shall be recorded as "yes" or "no".
| 25 | | (e) The county clerk shall order the proposition submitted | 26 | | to the electors
of the county at the election specified in the |
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| 1 | | ordinance or resolution. If
part of the county is under the | 2 | | jurisdiction of a board or boards of election
commissioners, | 3 | | the county clerk shall submit a certified copy of the | 4 | | ordinance
or resolution to each board of election | 5 | | commissioners, which shall order the
proposition submitted to | 6 | | the electors of the taxing district within its
jurisdiction at | 7 | | the election specified in the ordinance or resolution.
| 8 | | (f) With respect to taxing districts having all of their | 9 | | equalized assessed
valuation located in one county, if a | 10 | | majority of the votes cast on the
proposition are against the | 11 | | proposition, then this Law shall not apply to the
taxing | 12 | | district beginning on January 1 of the year following the date | 13 | | of
the referendum.
| 14 | | (g) With respect to taxing districts that do not have all | 15 | | of their
equalized assessed valuation located in a single | 16 | | county, if both of the
following conditions are met, then this | 17 | | Law shall no longer apply to the taxing
district beginning on | 18 | | January 1 of the year following the date of the
referendum.
| 19 | | (1) Each county in which the district has any | 20 | | equalized assessed valuation
must either, (i) have held a | 21 | | referendum under this Section, (ii) be an affected
county, | 22 | | or (iii) have held a referendum under Section 18-213 at | 23 | | which the
voters rejected the proposition at the most | 24 | | recent election at which the
question was on the ballot in | 25 | | the county.
| 26 | | (2) The majority of the equalized assessed valuation |
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| 1 | | of the taxing
district,
other than any equalized assessed | 2 | | valuation in an affected county, is in one or
more | 3 | | counties in which the voters rejected the proposition. For | 4 | | purposes of
this
Section, in determining whether a | 5 | | majority of the equalized assessed valuation
of the taxing | 6 | | district is located in one or more counties in which the | 7 | | voters
have rejected the proposition under this Section, | 8 | | the equalized assessed
valuation of any taxing district in | 9 | | a county which has held a referendum under
Section 18-213 | 10 | | at which the voters rejected that proposition, at the most
| 11 | | recent election at which the question was on the ballot in | 12 | | the county, will be
included with the equalized assessed | 13 | | value of the taxing district in counties
in
which the | 14 | | voters have rejected the referendum held under this | 15 | | Section.
| 16 | | (h) Immediately after a referendum is held under this | 17 | | Section, the county
clerk of the county holding the referendum | 18 | | shall give notice of the referendum
having been held and its | 19 | | results to all taxing districts that have all or a
portion of | 20 | | their equalized assessed valuation located in the county, the | 21 | | county
clerk of any other county in which any of the equalized | 22 | | assessed valuation of
any such taxing district is located, and | 23 | | the Department of Revenue. After the
last
referendum affecting | 24 | | a multi-county taxing district is held, the Department of
| 25 | | Revenue shall determine whether the taxing district is no | 26 | | longer subject to
this Law and, if the taxing district is no |
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| 1 | | longer subject to this Law, the
Department of Revenue shall | 2 | | notify the taxing district and the county clerks of
all of the | 3 | | counties in which a portion of the equalized assessed | 4 | | valuation of
the taxing district is located that, beginning on | 5 | | January 1 of the
year following the date of the last
| 6 | | referendum, the taxing district is no longer subject to this | 7 | | Law.
| 8 | | (i) Notwithstanding any other provision of law, no | 9 | | referenda may be held under this Section that applies to a levy | 10 | | year beginning on or after January 1, 2024 and beginning prior | 11 | | to January 1, 2035. | 12 | | (Source: P.A. 89-718, eff. 3-7-97.)
| 13 | | (35 ILCS 200/18-242 new) | 14 | | Sec. 18-242. Home rule. This Division 5 is a limitation, | 15 | | under
subsection
(g) of Section 6 of Article VII of the | 16 | | Illinois Constitution, on the power of
home rule units to tax.
| 17 | | Section 99. Effective date. This Act takes effect upon | 18 | | becoming law.
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