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90_SB1332
35 ILCS 200/18-185
35 ILCS 200/18-210
Amends the Property Tax Extension Limitation Law in the
Property Tax Code. Provides that beginning with the 1998
levy year, for the purposes of this Law only, a community
mental health board is a "taxing district". Provides that in
no event shall the changes made by this amendatory Act be
construed to alter the powers and duties of a community
mental health board prescribed in the Community Mental Health
Act, including but not limited to the requirement that the
board annually prepare and submit to the governing body that
appointed the board an annual budget. Provides that with
respect to any taxing district other than a community mental
health board, special purpose extensions made for the purpose
of providing community mental health facilities and services
under the Community Mental Health Act are exempt from the
definition of aggregate extension. Provides that the
provisions of the Law concerning holding a referendum for a
new levy shall not apply to a community mental health board
that has held a referendum under the Community Mental Health
Act. Effective immediately.
LRB9007569KDksA
LRB9007569KDksA
1 AN ACT to amend the Property Tax Code by changing
2 Sections 18-185 and 18-210.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Property Tax Code is amended by changing
6 Sections 18-185 and 18-210 as follows:
7 (35 ILCS 200/18-185)
8 (Text of Section before amendment by P.A. 90-568)
9 Sec. 18-185. Short title; definitions. This Section and
10 Sections 18-190 through 18-245 may be cited as the Property
11 Tax Extension Limitation Law. As used in Sections 18-190
12 through 18-245:
13 "Consumer Price Index" means the Consumer Price Index for
14 All Urban Consumers for all items published by the United
15 States Department of Labor.
16 "Extension limitation" means (a) the lesser of 5% or the
17 percentage increase in the Consumer Price Index during the
18 12-month calendar year preceding the levy year or (b) the
19 rate of increase approved by voters under Section 18-205.
20 "Affected county" means a county of 3,000,000 or more
21 inhabitants or a county contiguous to a county of 3,000,000
22 or more inhabitants.
23 "Taxing district" has the same meaning provided in
24 Section 1-150, except as otherwise provided in this Section.
25 For the 1991 through 1994 levy years only, "taxing district"
26 includes only each non-home rule taxing district having the
27 majority of its 1990 equalized assessed value within any
28 county or counties contiguous to a county with 3,000,000 or
29 more inhabitants. Beginning with the 1995 levy year, "taxing
30 district" includes only each non-home rule taxing district
31 subject to this Law before the 1995 levy year and each
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1 non-home rule taxing district not subject to this Law before
2 the 1995 levy year having the majority of its 1994 equalized
3 assessed value in an affected county or counties. Beginning
4 with the levy year in which this Law becomes applicable to a
5 taxing district as provided in Section 18-213, "taxing
6 district" also includes those taxing districts made subject
7 to this Law as provided in Section 18-213. Beginning with the
8 1998 levy year, for purposes of this Law only, "taxing
9 district" also includes a community mental health board
10 established under Section 3a of the Community Mental Health
11 Act to which this Law otherwise applies. In no event shall
12 the changes made by this amendatory Act of 1998 be construed
13 to alter the powers and duties of a community mental health
14 board prescribed in the Community Mental Health Act,
15 including but not limited to the requirement that the board
16 annually prepare and submit to the officer and governing body
17 that established the board an annual budget as prescribed in
18 Section 3f of that Act.
19 "Aggregate extension" for taxing districts to which this
20 Law applied before the 1995 levy year means the annual
21 corporate extension for the taxing district and those special
22 purpose extensions that are made annually for the taxing
23 district, excluding special purpose extensions: (a) made for
24 the taxing district to pay interest or principal on general
25 obligation bonds that were approved by referendum; (b) made
26 for any taxing district to pay interest or principal on
27 general obligation bonds issued before October 1, 1991; (c)
28 made for any taxing district to pay interest or principal on
29 bonds issued to refund or continue to refund those bonds
30 issued before October 1, 1991; (d) made for any taxing
31 district to pay interest or principal on bonds issued to
32 refund or continue to refund bonds issued after October 1,
33 1991 that were approved by referendum; (e) made for any
34 taxing district to pay interest or principal on revenue bonds
-3- LRB9007569KDksA
1 issued before October 1, 1991 for payment of which a property
2 tax levy or the full faith and credit of the unit of local
3 government is pledged; however, a tax for the payment of
4 interest or principal on those bonds shall be made only after
5 the governing body of the unit of local government finds that
6 all other sources for payment are insufficient to make those
7 payments; (f) made for payments under a building commission
8 lease when the lease payments are for the retirement of bonds
9 issued by the commission before October 1, 1991, to pay for
10 the building project; (g) made for payments due under
11 installment contracts entered into before October 1, 1991;
12 (h) made for payments of principal and interest on bonds
13 issued under the Metropolitan Water Reclamation District Act
14 to finance construction projects initiated before October 1,
15 1991; (i) made for payments of principal and interest on
16 limited bonds, as defined in Section 3 of the Local
17 Government Debt Reform Act, in an amount not to exceed the
18 debt service extension base less the amount in items (b),
19 (c), (e), and (h) of this definition for non-referendum
20 obligations, except obligations initially issued pursuant to
21 referendum; (j) made for payments of principal and interest
22 on bonds issued under Section 15 of the Local Government Debt
23 Reform Act; and (k) made by a school district that
24 participates in the Special Education District of Lake
25 County, created by special education joint agreement under
26 Section 10-22.31 of the School Code, for payment of the
27 school district's share of the amounts required to be
28 contributed by the Special Education District of Lake County
29 to the Illinois Municipal Retirement Fund under Article 7 of
30 the Illinois Pension Code; the amount of any extension under
31 this item (k) shall be certified by the school district to
32 the county clerk; and (1) with respect to any taxing district
33 other than a community mental health board, made for the
34 purpose of providing community mental health facilities and
-4- LRB9007569KDksA
1 services as provided in Section 4 of the Community Mental
2 Health Act.
3 "Aggregate extension" for the taxing districts to which
4 this Law did not apply before the 1995 levy year (except
5 taxing districts subject to this Law in accordance with
6 Section 18-213) 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
12 pay interest or principal on general obligation bonds issued
13 before March 1, 1995; (c) made for any taxing district to pay
14 interest or principal on bonds issued to refund or continue
15 to refund those bonds issued before March 1, 1995; (d) made
16 for any taxing district to pay interest or principal on bonds
17 issued to refund or continue to refund bonds issued after
18 March 1, 1995 that were approved by referendum; (e) made for
19 any taxing district to pay interest or principal on revenue
20 bonds issued before March 1, 1995 for payment of which a
21 property tax levy or the full faith and credit of the unit of
22 local government is pledged; however, a tax for the payment
23 of interest or principal on those bonds shall be made only
24 after the governing body of the unit of local government
25 finds that all other sources for payment are insufficient to
26 make those payments; (f) made for payments under a building
27 commission lease when the lease payments are for the
28 retirement of bonds issued by the commission before March 1,
29 1995 to pay for the building project; (g) made for payments
30 due under installment contracts entered into before March 1,
31 1995; (h) made for payments of principal and interest on
32 bonds issued under the Metropolitan Water Reclamation
33 District Act to finance construction projects initiated
34 before October 1, 1991; (i) made for payments of principal
-5- LRB9007569KDksA
1 and interest on limited bonds, as defined in Section 3 of the
2 Local Government Debt Reform Act, in an amount not to exceed
3 the debt service extension base less the amount in items (b),
4 (c), and (e) of this definition for non-referendum
5 obligations, except obligations initially issued pursuant to
6 referendum and bonds described in subsection (h) of this
7 definition; (j) made for payments of principal and interest
8 on bonds issued under Section 15 of the Local Government Debt
9 Reform Act; (k) made for payments of principal and interest
10 on bonds authorized by Public Act 88-503 and issued under
11 Section 20a of the Chicago Park District Act for aquarium or
12 museum projects; and (l) made for payments of principal and
13 interest on bonds authorized by Public Act 87-1191 and issued
14 under Section 42 of the Cook County Forest Preserve District
15 Act for zoological park projects. ; and (m) with respect to
16 any taxing district other than a community mental health
17 board, made for the purpose of providing community mental
18 health facilities and services as provided in Section 4 of
19 the Community Mental Health Act.
20 "Aggregate extension" for all taxing districts to which
21 this Law applies in accordance with Section 18-213, except
22 for those taxing districts subject to paragraph (2) of
23 subsection (e) of Section 18-213, means the annual corporate
24 extension for the taxing district and those special purpose
25 extensions that are made annually for the taxing district,
26 excluding special purpose extensions: (a) made for the taxing
27 district to pay interest or principal on general obligation
28 bonds that were approved by referendum; (b) made for any
29 taxing district to pay interest or principal on general
30 obligation bonds issued before the date on which the
31 referendum making this Law applicable to the taxing district
32 is held; (c) made for any taxing district to pay interest or
33 principal on bonds issued to refund or continue to refund
34 those bonds issued before the date on which the referendum
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1 making this Law applicable to the taxing district is held;
2 (d) made for any taxing district to pay interest or principal
3 on bonds issued to refund or continue to refund bonds issued
4 after the date on which the referendum making this Law
5 applicable to the taxing district is held if the bonds were
6 approved by referendum after the date on which the referendum
7 making this Law applicable to the taxing district is held;
8 (e) made for any taxing district to pay interest or principal
9 on revenue bonds issued before the date on which the
10 referendum making this Law applicable to the taxing district
11 is held for payment of which a property tax levy or the full
12 faith and credit of the unit of local government is pledged;
13 however, a tax for the payment of interest or principal on
14 those bonds shall be made only after the governing body of
15 the unit of local government finds that all other sources for
16 payment are insufficient to make those payments; (f) made for
17 payments under a building commission lease when the lease
18 payments are for the retirement of bonds issued by the
19 commission before the date on which the referendum making
20 this Law applicable to the taxing district is held to pay for
21 the building project; (g) made for payments due under
22 installment contracts entered into before the date on which
23 the referendum making this Law applicable to the taxing
24 district is held; (h) made for payments of principal and
25 interest on limited bonds, as defined in Section 3 of the
26 Local Government Debt Reform Act, in an amount not to exceed
27 the debt service extension base less the amount in items (b),
28 (c), and (e) of this definition for non-referendum
29 obligations, except obligations initially issued pursuant to
30 referendum; (i) made for payments of principal and interest
31 on bonds issued under Section 15 of the Local Government Debt
32 Reform Act; and (j) made for a qualified airport authority to
33 pay interest or principal on general obligation bonds issued
34 for the purpose of paying obligations due under, or financing
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1 airport facilities required to be acquired, constructed,
2 installed or equipped pursuant to, contracts entered into
3 before March 1, 1996 (but not including any amendments to
4 such a contract taking effect on or after that date); and (k)
5 with respect to any taxing district other than a community
6 mental health board, made for the purpose of providing
7 community mental health facilities and services as provided
8 in Section 4 of the Community Mental Health Act.
9 "Aggregate extension" for all taxing districts to which
10 this Law applies in accordance with paragraph (2) of
11 subsection (e) of Section 18-213 means the annual corporate
12 extension for the taxing district and those special purpose
13 extensions that are made annually for the taxing district,
14 excluding special purpose extensions: (a) made for the taxing
15 district to pay interest or principal on general obligation
16 bonds that were approved by referendum; (b) made for any
17 taxing district to pay interest or principal on general
18 obligation bonds issued before the effective date of this
19 amendatory Act of 1997; (c) made for any taxing district to
20 pay interest or principal on bonds issued to refund or
21 continue to refund those bonds issued before the effective
22 date of this amendatory Act of 1997; (d) made for any taxing
23 district to pay interest or principal on bonds issued to
24 refund or continue to refund bonds issued after the effective
25 date of this amendatory Act of 1997 if the bonds were
26 approved by referendum after the effective date of this
27 amendatory Act of 1997; (e) made for any taxing district to
28 pay interest or principal on revenue bonds issued before the
29 effective date of this amendatory Act of 1997 for payment of
30 which a property tax levy or the full faith and credit of the
31 unit of local government is pledged; however, a tax for the
32 payment of interest or principal on those bonds shall be made
33 only after the governing body of the unit of local government
34 finds that all other sources for payment are insufficient to
-8- LRB9007569KDksA
1 make those payments; (f) made for payments under a building
2 commission lease when the lease payments are for the
3 retirement of bonds issued by the commission before the
4 effective date of this amendatory Act of 1997 to pay for the
5 building project; (g) made for payments due under installment
6 contracts entered into before the effective date of this
7 amendatory Act of 1997; (h) made for payments of principal
8 and interest on limited bonds, as defined in Section 3 of the
9 Local Government Debt Reform Act, in an amount not to exceed
10 the debt service extension base less the amount in items (b),
11 (c), and (e) of this definition for non-referendum
12 obligations, except obligations initially issued pursuant to
13 referendum; (i) made for payments of principal and interest
14 on bonds issued under Section 15 of the Local Government Debt
15 Reform Act; and (j) made for a qualified airport authority to
16 pay interest or principal on general obligation bonds issued
17 for the purpose of paying obligations due under, or financing
18 airport facilities required to be acquired, constructed,
19 installed or equipped pursuant to, contracts entered into
20 before March 1, 1996 (but not including any amendments to
21 such a contract taking effect on or after that date); and (k)
22 with respect to any taxing district other than a community
23 mental health board, made for the purpose of providing
24 community mental health facilities and services as provided
25 in Section 4 of the Community Mental Health Act.
26 "Debt service extension base" means an amount equal to
27 that portion of the extension for a taxing district for the
28 1994 levy year, or for those taxing districts subject to this
29 Law in accordance with Section 18-213, except for those
30 subject to paragraph (2) of subsection (e) of Section 18-213,
31 for the levy year in which the referendum making this Law
32 applicable to the taxing district is held, or for those
33 taxing districts subject to this Law in accordance with
34 paragraph (2) of subsection (e) of Section 18-213 for the
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1 1996 levy year, constituting an extension for payment of
2 principal and interest on bonds issued by the taxing district
3 without referendum, but not including (i) bonds authorized by
4 Public Act 88-503 and issued under Section 20a of the Chicago
5 Park District Act for aquarium and museum projects; (ii)
6 bonds issued under Section 15 of the Local Government Debt
7 Reform Act; or (iii) refunding obligations issued to refund
8 or to continue to refund obligations initially issued
9 pursuant to referendum. The debt service extension base may
10 be established or increased as provided under Section 18-212.
11 "Special purpose extensions" include, but are not limited
12 to, extensions for levies made on an annual basis for
13 unemployment and workers' compensation, self-insurance,
14 contributions to pension plans, and extensions made pursuant
15 to Section 6-601 of the Illinois Highway Code for a road
16 district's permanent road fund whether levied annually or
17 not. The extension for a special service area is not
18 included in the aggregate extension.
19 "Aggregate extension base" means the taxing district's
20 last preceding aggregate extension as adjusted under Sections
21 18-215 through 18-230.
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
26 improvements or additions to existing improvements on any
27 parcel of real property that increase the assessed value of
28 that real property during the levy year multiplied by the
29 equalization factor issued by the Department under Section
30 17-30 and (ii) the assessed value, after final board of
31 review or board of appeals action, of real property not
32 exempt from real estate taxation, which real property was
33 exempt from real estate taxation for any portion of the
34 immediately preceding levy year, multiplied by the
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1 equalization factor issued by the Department under Section
2 17-30.
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 the amount of the
8 current year's equalized assessed value, in the first year
9 after a municipality terminates the designation of an area as
10 a redevelopment project area previously established under the
11 Tax Increment Allocation Development Act in the Illinois
12 Municipal Code, previously established under the Industrial
13 Jobs Recovery Law in the Illinois Municipal Code, or
14 previously established under the Economic Development Area
15 Tax Increment Allocation Act, of each taxable lot, block,
16 tract, or parcel of real property in the redevelopment
17 project area over and above the initial equalized assessed
18 value of each property in the redevelopment project area.
19 Except as otherwise provided in this Section, "limiting
20 rate" means a fraction the numerator of which is the last
21 preceding aggregate extension base times an amount equal to
22 one plus the extension limitation defined in this Section and
23 the denominator of which is the current year's equalized
24 assessed value of all real property in the territory under
25 the jurisdiction of the taxing district during the prior levy
26 year. For those taxing districts that reduced their
27 aggregate extension for the last preceding levy year, the
28 highest aggregate extension in any of the last 3 preceding
29 levy years shall be used for the purpose of computing the
30 limiting rate. The denominator shall not include new
31 property. The denominator shall not include the recovered
32 tax increment value.
33 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
34 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
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1 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
2 eff. 1-1-98; 90-511, eff. 8-22-97; revised 10-24-97.)
3 (Text of Section after amendment by P.A. 90-568)
4 Sec. 18-185. Short title; definitions. This Section and
5 Sections 18-190 through 18-245 may be cited as the Property
6 Tax Extension Limitation Law. As used in Sections 18-190
7 through 18-245:
8 "Consumer Price Index" means the Consumer Price Index for
9 All Urban Consumers for all items published by the United
10 States Department of Labor.
11 "Extension limitation" means (a) the lesser of 5% or the
12 percentage increase in the Consumer Price Index during the
13 12-month calendar year preceding the levy year or (b) the
14 rate of increase approved by voters under Section 18-205.
15 "Affected county" means a county of 3,000,000 or more
16 inhabitants or a county contiguous to a county of 3,000,000
17 or more inhabitants.
18 "Taxing district" has the same meaning provided in
19 Section 1-150, except as otherwise provided in this Section.
20 For the 1991 through 1994 levy years only, "taxing district"
21 includes only each non-home rule taxing district having the
22 majority of its 1990 equalized assessed value within any
23 county or counties contiguous to a county with 3,000,000 or
24 more inhabitants. Beginning with the 1995 levy year, "taxing
25 district" includes only each non-home rule taxing district
26 subject to this Law before the 1995 levy year and each
27 non-home rule taxing district not subject to this Law before
28 the 1995 levy year having the majority of its 1994 equalized
29 assessed value in an affected county or counties. Beginning
30 with the levy year in which this Law becomes applicable to a
31 taxing district as provided in Section 18-213, "taxing
32 district" also includes those taxing districts made subject
33 to this Law as provided in Section 18-213. Beginning with the
34 1998 levy year, for purposes of this Law only, "taxing
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1 district" also includes a community mental health board
2 established under Section 3a of the Community Mental Health
3 Act to which this Law otherwise applies. In no event shall
4 the changes made by this amendatory Act of 1998 be construed
5 to alter the powers and duties of a community mental health
6 board prescribed in the Community Mental Health Act,
7 including but not limited to the requirement that the board
8 annually prepare and submit to the officer and governing body
9 that established the board an annual budget as prescribed in
10 Section 3f of that Act.
11 "Aggregate extension" for taxing districts to which this
12 Law applied before the 1995 levy year means the annual
13 corporate extension for the taxing district and those special
14 purpose extensions that are made annually for the taxing
15 district, excluding special purpose extensions: (a) made for
16 the taxing district to pay interest or principal on general
17 obligation bonds that were approved by referendum; (b) made
18 for any taxing district to pay interest or principal on
19 general obligation bonds issued before October 1, 1991; (c)
20 made for any taxing district to pay interest or principal on
21 bonds issued to refund or continue to refund those bonds
22 issued before October 1, 1991; (d) made for any taxing
23 district to pay interest or principal on bonds issued to
24 refund or continue to refund bonds issued after October 1,
25 1991 that were approved by referendum; (e) made for any
26 taxing district to pay interest or principal on revenue bonds
27 issued before October 1, 1991 for payment of which a property
28 tax levy or the full faith and credit of the unit of local
29 government is pledged; however, a tax for the payment of
30 interest or principal on those bonds shall be made only after
31 the governing body of the unit of local government finds that
32 all other sources for payment are insufficient to make those
33 payments; (f) made for payments under a building commission
34 lease when the lease payments are for the retirement of bonds
-13- LRB9007569KDksA
1 issued by the commission before October 1, 1991, to pay for
2 the building project; (g) made for payments due under
3 installment contracts entered into before October 1, 1991;
4 (h) made for payments of principal and interest on bonds
5 issued under the Metropolitan Water Reclamation District Act
6 to finance construction projects initiated before October 1,
7 1991; (i) made for payments of principal and interest on
8 limited bonds, as defined in Section 3 of the Local
9 Government Debt Reform Act, in an amount not to exceed the
10 debt service extension base less the amount in items (b),
11 (c), (e), and (h) of this definition for non-referendum
12 obligations, except obligations initially issued pursuant to
13 referendum; (j) made for payments of principal and interest
14 on bonds issued under Section 15 of the Local Government Debt
15 Reform Act; and (k) made by a school district that
16 participates in the Special Education District of Lake
17 County, created by special education joint agreement under
18 Section 10-22.31 of the School Code, for payment of the
19 school district's share of the amounts required to be
20 contributed by the Special Education District of Lake County
21 to the Illinois Municipal Retirement Fund under Article 7 of
22 the Illinois Pension Code; the amount of any extension under
23 this item (k) shall be certified by the school district to
24 the county clerk; and (1) with respect to any taxing district
25 other than a community mental health board, made for the
26 purpose of providing community mental health facilities and
27 services as provided in Section 4 of the Community Mental
28 Health Act.
29 "Aggregate extension" for the taxing districts to which
30 this Law did not apply before the 1995 levy year (except
31 taxing districts subject to this Law in accordance with
32 Section 18-213) means the annual corporate extension for the
33 taxing district and those special purpose extensions that are
34 made annually for the taxing district, excluding special
-14- LRB9007569KDksA
1 purpose extensions: (a) made for the taxing district to pay
2 interest or principal on general obligation bonds that were
3 approved by referendum; (b) made for any taxing district to
4 pay interest or principal on general obligation bonds issued
5 before March 1, 1995; (c) made for any taxing district to pay
6 interest or principal on bonds issued to refund or continue
7 to refund those bonds issued before March 1, 1995; (d) made
8 for any taxing district to pay interest or principal on bonds
9 issued to refund or continue to refund bonds issued after
10 March 1, 1995 that were approved by referendum; (e) made for
11 any taxing district to pay interest or principal on revenue
12 bonds issued before March 1, 1995 for payment of which a
13 property tax levy or the full faith and credit of the unit of
14 local government is pledged; however, a tax for the payment
15 of interest or principal on those bonds shall be made only
16 after the governing body of the unit of local government
17 finds that all other sources for payment are insufficient to
18 make those payments; (f) made for payments under a building
19 commission lease when the lease payments are for the
20 retirement of bonds issued by the commission before March 1,
21 1995 to pay for the building project; (g) made for payments
22 due under installment contracts entered into before March 1,
23 1995; (h) made for payments of principal and interest on
24 bonds issued under the Metropolitan Water Reclamation
25 District Act to finance construction projects initiated
26 before October 1, 1991; (i) made for payments of principal
27 and interest on limited bonds, as defined in Section 3 of the
28 Local Government Debt Reform Act, in an amount not to exceed
29 the debt service extension base less the amount in items (b),
30 (c), and (e) of this definition for non-referendum
31 obligations, except obligations initially issued pursuant to
32 referendum and bonds described in subsection (h) of this
33 definition; (j) made for payments of principal and interest
34 on bonds issued under Section 15 of the Local Government Debt
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1 Reform Act; (k) made for payments of principal and interest
2 on bonds authorized by Public Act 88-503 and issued under
3 Section 20a of the Chicago Park District Act for aquarium or
4 museum projects; and (l) made for payments of principal and
5 interest on bonds authorized by Public Act 87-1191 and issued
6 under Section 42 of the Cook County Forest Preserve District
7 Act for zoological park projects; and (m) with respect to any
8 taxing district other than a community mental health board,
9 made for the purpose of providing community mental health
10 facilities and services as provided in Section 4 of the
11 Community Mental Health Act.
12 "Aggregate extension" for all taxing districts to which
13 this Law applies in accordance with Section 18-213, except
14 for those taxing districts subject to paragraph (2) of
15 subsection (e) of Section 18-213, means the annual corporate
16 extension for the taxing district and those special purpose
17 extensions that are made annually for the taxing district,
18 excluding special purpose extensions: (a) made for the taxing
19 district to pay interest or principal on general obligation
20 bonds that were approved by referendum; (b) made for any
21 taxing district to pay interest or principal on general
22 obligation bonds issued before the date on which the
23 referendum making this Law applicable to the taxing district
24 is held; (c) made for any taxing district to pay interest or
25 principal on bonds issued to refund or continue to refund
26 those bonds issued before the date on which the referendum
27 making this Law applicable to the taxing district is held;
28 (d) made for any taxing district to pay interest or principal
29 on bonds issued to refund or continue to refund bonds issued
30 after the date on which the referendum making this Law
31 applicable to the taxing district is held if the bonds were
32 approved by referendum after the date on which the referendum
33 making this Law applicable to the taxing district is held;
34 (e) made for any taxing district to pay interest or principal
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1 on revenue bonds issued before the date on which the
2 referendum making this Law applicable to the taxing district
3 is held for payment of which a property tax levy or the full
4 faith and credit of the unit of local government is pledged;
5 however, a tax for the payment of interest or principal on
6 those bonds shall be made only after the governing body of
7 the unit of local government finds that all other sources for
8 payment are insufficient to make those payments; (f) made for
9 payments under a building commission lease when the lease
10 payments are for the retirement of bonds issued by the
11 commission before the date on which the referendum making
12 this Law applicable to the taxing district is held to pay for
13 the building project; (g) made for payments due under
14 installment contracts entered into before the date on which
15 the referendum making this Law applicable to the taxing
16 district is held; (h) made for payments of principal and
17 interest on limited bonds, as defined in Section 3 of the
18 Local Government Debt Reform Act, in an amount not to exceed
19 the debt service extension base less the amount in items (b),
20 (c), and (e) of this definition for non-referendum
21 obligations, except obligations initially issued pursuant to
22 referendum; (i) made for payments of principal and interest
23 on bonds issued under Section 15 of the Local Government Debt
24 Reform Act; and (j) made for a qualified airport authority to
25 pay interest or principal on general obligation bonds issued
26 for the purpose of paying obligations due under, or financing
27 airport facilities required to be acquired, constructed,
28 installed or equipped pursuant to, contracts entered into
29 before March 1, 1996 (but not including any amendments to
30 such a contract taking effect on or after that date); and (k)
31 with respect to any taxing district other than a community
32 mental health board, made for the purpose of providing
33 community mental health facilities and services as provided
34 in Section 4 of the Community Mental Health Act.
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1 "Aggregate extension" for all taxing districts to which
2 this Law applies in accordance with paragraph (2) of
3 subsection (e) of Section 18-213 means the annual corporate
4 extension for the taxing district and those special purpose
5 extensions that are made annually for the taxing district,
6 excluding special purpose extensions: (a) made for the taxing
7 district to pay interest or principal on general obligation
8 bonds that were approved by referendum; (b) made for any
9 taxing district to pay interest or principal on general
10 obligation bonds issued before the effective date of this
11 amendatory Act of 1997; (c) made for any taxing district to
12 pay interest or principal on bonds issued to refund or
13 continue to refund those bonds issued before the effective
14 date of this amendatory Act of 1997; (d) made for any taxing
15 district to pay interest or principal on bonds issued to
16 refund or continue to refund bonds issued after the effective
17 date of this amendatory Act of 1997 if the bonds were
18 approved by referendum after the effective date of this
19 amendatory Act of 1997; (e) made for any taxing district to
20 pay interest or principal on revenue bonds issued before the
21 effective date of this amendatory Act of 1997 for payment of
22 which a property tax levy or the full faith and credit of the
23 unit of local government is pledged; however, a tax for the
24 payment of interest or principal on those bonds shall be made
25 only after the governing body of the unit of local government
26 finds that all other sources for payment are insufficient to
27 make those payments; (f) made for payments under a building
28 commission lease when the lease payments are for the
29 retirement of bonds issued by the commission before the
30 effective date of this amendatory Act of 1997 to pay for the
31 building project; (g) made for payments due under installment
32 contracts entered into before the effective date of this
33 amendatory Act of 1997; (h) made for payments of principal
34 and interest on limited bonds, as defined in Section 3 of the
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1 Local Government Debt Reform Act, in an amount not to exceed
2 the debt service extension base less the amount in items (b),
3 (c), and (e) of this definition for non-referendum
4 obligations, except obligations initially issued pursuant to
5 referendum; (i) made for payments of principal and interest
6 on bonds issued under Section 15 of the Local Government Debt
7 Reform Act; and (j) made for a qualified airport authority to
8 pay interest or principal on general obligation bonds issued
9 for the purpose of paying obligations due under, or financing
10 airport facilities required to be acquired, constructed,
11 installed or equipped pursuant to, contracts entered into
12 before March 1, 1996 (but not including any amendments to
13 such a contract taking effect on or after that date); and (k)
14 with respect to any taxing district other than a community
15 mental health board, made for the purpose of providing
16 community mental health facilities and services as provided
17 in Section 4 of the Community Mental Health Act.
18 "Debt service extension base" means an amount equal to
19 that portion of the extension for a taxing district for the
20 1994 levy year, or for those taxing districts subject to this
21 Law in accordance with Section 18-213, except for those
22 subject to paragraph (2) of subsection (e) of Section 18-213,
23 for the levy year in which the referendum making this Law
24 applicable to the taxing district is held, or for those
25 taxing districts subject to this Law in accordance with
26 paragraph (2) of subsection (e) of Section 18-213 for the
27 1996 levy year, constituting an extension for payment of
28 principal and interest on bonds issued by the taxing district
29 without referendum, but not including (i) bonds authorized by
30 Public Act 88-503 and issued under Section 20a of the Chicago
31 Park District Act for aquarium and museum projects; (ii)
32 bonds issued under Section 15 of the Local Government Debt
33 Reform Act; or (iii) refunding obligations issued to refund
34 or to continue to refund obligations initially issued
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1 pursuant to referendum. The debt service extension base may
2 be established or increased as provided under Section 18-212.
3 "Special purpose extensions" include, but are not limited
4 to, extensions for levies made on an annual basis for
5 unemployment and workers' compensation, self-insurance,
6 contributions to pension plans, and extensions made pursuant
7 to Section 6-601 of the Illinois Highway Code for a road
8 district's permanent road fund whether levied annually or
9 not. The extension for a special service area is not
10 included in the aggregate extension.
11 "Aggregate extension base" means the taxing district's
12 last preceding aggregate extension as adjusted under Sections
13 18-215 through 18-230.
14 "Levy year" has the same meaning as "year" under Section
15 1-155.
16 "New property" means (i) the assessed value, after final
17 board of review or board of appeals action, of new
18 improvements or additions to existing improvements on any
19 parcel of real property that increase the assessed value of
20 that real property during the levy year multiplied by the
21 equalization factor issued by the Department under Section
22 17-30 and (ii) the assessed value, after final board of
23 review or board of appeals action, of real property not
24 exempt from real estate taxation, which real property was
25 exempt from real estate taxation for any portion of the
26 immediately preceding levy year, multiplied by the
27 equalization factor issued by the Department under Section
28 17-30.
29 "Qualified airport authority" means an airport authority
30 organized under the Airport Authorities Act and located in a
31 county bordering on the State of Wisconsin and having a
32 population in excess of 200,000 and not greater than 500,000.
33 "Recovered tax increment value" means the amount of the
34 current year's equalized assessed value, in the first year
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1 after a municipality terminates the designation of an area as
2 a redevelopment project area previously established under the
3 Tax Increment Allocation Development Act in the Illinois
4 Municipal Code, previously established under the Industrial
5 Jobs Recovery Law in the Illinois Municipal Code, or
6 previously established under the Economic Development Area
7 Tax Increment Allocation Act, of each taxable lot, block,
8 tract, or parcel of real property in the redevelopment
9 project area over and above the initial equalized assessed
10 value of each property in the redevelopment project area.
11 For the taxes which are extended for the 1997 levy year, the
12 recovered tax increment value for a non-home rule taxing
13 district that first became subject to this Law for the 1995
14 levy year because a majority of its 1994 equalized assessed
15 value was in an affected county or counties shall be
16 increased if a municipality terminated the designation of an
17 area in 1993 as a redevelopment project area previously
18 established under the Tax Increment Allocation Development
19 Act in the Illinois Municipal Code, previously established
20 under the Industrial Jobs Recovery Law in the Illinois
21 Municipal Code, or previously established under the Economic
22 Development Area Tax Increment Allocation Act, by an amount
23 equal to the 1994 equalized assessed value of each taxable
24 lot, block, tract, or parcel of real property in the
25 redevelopment project area over and above the initial
26 equalized assessed value of each property in the
27 redevelopment project area.
28 Except as otherwise provided in this Section, "limiting
29 rate" means a fraction the numerator of which is the last
30 preceding aggregate extension base times an amount equal to
31 one plus the extension limitation defined in this Section and
32 the denominator of which is the current year's equalized
33 assessed value of all real property in the territory under
34 the jurisdiction of the taxing district during the prior levy
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1 year. For those taxing districts that reduced their
2 aggregate extension for the last preceding levy year, the
3 highest aggregate extension in any of the last 3 preceding
4 levy years shall be used for the purpose of computing the
5 limiting rate. The denominator shall not include new
6 property. The denominator shall not include the recovered
7 tax increment value.
8 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
9 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
10 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
11 eff. 1-1-98; 90-511, eff. 8-22-97; 90-568, eff. 1-1-99;
12 revised 2-7-98.)
13 (35 ILCS 200/18-210)
14 Sec. 18-210. Establishing a new levy. Except as provided
15 in Section 18-215, as it relates to a transfer of a service,
16 before a county clerk may extend taxes for funds subject to
17 the limitations of this Law, a new taxing district or a
18 taxing district with an aggregate extension base of zero
19 shall hold a referendum establishing a maximum aggregate
20 extension for the levy year. The maximum aggregate extension
21 is established for the current levy year if a taxing district
22 has held a referendum before the levy date at which the
23 majority voting on the issue approves its adoption. The
24 referendum under this Section may be held at the same time as
25 the referendum on creating a new taxing district. The
26 question shall be submitted to the voters at a regularly
27 scheduled election in accordance with the Election Code in
28 substantially the following manner:
29 -------------------------------------------------------------
30 Under the Property Tax Extension
31 Limitation Law, may an YES
32 aggregate extension not to exceed ...
33 (aggregate extension amount) ... ---------------------
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1 be made for the ... (taxing
2 district name) ... for the NO
3 ... (levy year) ... levy year?
4 -------------------------------------------------------------
5 If a majority of voters voting on the increase approves the
6 adoption of the aggregate extension, the extension shall be
7 effective for the levy year specified.
8 The provisions of this Section shall not apply to a
9 community mental health board that has held a referendum
10 under Section 5 of the Community Mental Health Act.
11 (Source: P.A. 87-17; 88-455.)
12 Section 99. Effective date. This Act takes effect upon
13 becoming law.