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90_SB1639
30 ILCS 805/8.22 new
35 ILCS 200/18-165
35 ILCS 200/18-185
Amends the Property Tax Code and the Property Extension
Limitation Law in the Property Tax Code to accelerate the
provisions of Public Act 90-568 concerning the abatement for
older persons and the recovered tax increment value. Provides
that the abatement for older persons first applies to the
1998 extensions for 1997 levies. Amends the State Mandates
Act to require implementation without reimbursement.
Effective immediately.
LRB9011616KDks
LRB9011616KDks
1 AN ACT concerning property.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The State Mandates Act is amended by adding
5 Section 8.22 as follows:
6 (30 ILCS 805/8.22 new)
7 Sec. 8.22. Exempt mandate. Notwithstanding Sections 6
8 and 8 of this Act, no reimbursement by the State is required
9 for the implementation of any mandate created by this
10 amendatory Act of 1998.
11 Section 10. The Property Tax Code is amended by changing
12 Sections 18-165 and 18-185 as follows:
13 (35 ILCS 200/18-165)
14 (Text of Section before amendment by P.A. 90-568)
15 Sec. 18-165. Abatement of taxes.
16 (a) Any taxing district, upon a majority vote of its
17 governing authority, may, after the determination of the
18 assessed valuation of its property, order the clerk of that
19 county to abate any portion of its taxes on the following
20 types of property:
21 (1) Commercial and industrial.
22 (A) The property of any commercial or
23 industrial firm, including but not limited to the
24 property of any firm that is used for collecting,
25 separating, storing, or processing recyclable
26 materials, locating within the taxing district
27 during the immediately preceding year from another
28 state, territory, or country, or having been newly
29 created within this State during the immediately
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1 preceding year, or expanding an existing facility.
2 The abatement shall not exceed a period of 10 years
3 and the aggregate amount of abated taxes for all
4 taxing districts combined shall not exceed
5 $4,000,000; or
6 (B) The property of any commercial or
7 industrial development of at least 500 acres having
8 been created within the taxing district. The
9 abatement shall not exceed a period of 20 years and
10 the aggregate amount of abated taxes for all taxing
11 districts combined shall not exceed $12,000,000.
12 (C) The property of any commercial or
13 industrial firm currently located in the taxing
14 district that expands a facility or its number of
15 employees. The abatement shall not exceed a period
16 of 10 years and the aggregate amount of abated taxes
17 for all taxing districts combined shall not exceed
18 $4,000,000. The abatement period may be renewed at
19 the option of the taxing districts.
20 (2) Horse racing. Any property in the taxing
21 district which is used for the racing of horses and upon
22 which capital improvements consisting of expansion,
23 improvement or replacement of existing facilities have
24 been made since July 1, 1987. The combined abatements
25 for such property from all taxing districts in any county
26 shall not exceed $5,000,000 annually and shall not exceed
27 a period of 10 years.
28 (3) Auto racing. Any property designed exclusively
29 for the racing of motor vehicles. Such abatement shall
30 not exceed a period of 10 years.
31 (4) Academic or research institute. The property
32 of any academic or research institute in the taxing
33 district that (i) is an exempt organization under
34 paragraph (3) of Section 501(c) of the Internal Revenue
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1 Code, (ii) operates for the benefit of the public by
2 actually and exclusively performing scientific research
3 and making the results of the research available to the
4 interested public on a non-discriminatory basis, and
5 (iii) employs more than 100 employees. An abatement
6 granted under this paragraph shall be for at least 15
7 years and the aggregate amount of abated taxes for all
8 taxing districts combined shall not exceed $5,000,000.
9 (5) Housing for older persons. Any property in the
10 taxing district that is devoted exclusively to affordable
11 housing for older households. For purposes of this
12 paragraph, "older households" means those households (i)
13 living in housing provided under any State or federal
14 program that the Department of Human Rights determines is
15 specifically designed and operated to assist elderly
16 persons and is solely occupied by persons 55 years of age
17 or older and (ii) whose annual income does not exceed 80%
18 of the area gross median income, adjusted for family
19 size, as such gross income and median income are
20 determined from time to time by the United States
21 Department of Housing and Urban Development. The
22 abatement shall not exceed a period of 15 years, and the
23 aggregate amount of abated taxes for all taxing districts
24 shall not exceed $3,000,000. The abatement granted under
25 this paragraph first applies to 1998 extensions for 1997
26 levies.
27 (b) Upon a majority vote of its governing authority, any
28 municipality may, after the determination of the assessed
29 valuation of its property, order the county clerk to abate
30 any portion of its taxes on any property that is located
31 within the corporate limits of the municipality in accordance
32 with Section 8-3-18 of the Illinois Municipal Code.
33 (Source: P.A. 89-561, eff. 1-1-97; 90-46, eff. 7-3-97;
34 90-415, eff. 8-15-97; revised 10-30-97.)
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1 (Text of Section after amendment by P.A. 90-568)
2 Sec. 18-165. Abatement of taxes.
3 (a) Any taxing district, upon a majority vote of its
4 governing authority, may, after the determination of the
5 assessed valuation of its property, order the clerk of that
6 county to abate any portion of its taxes on the following
7 types of property:
8 (1) Commercial and industrial.
9 (A) The property of any commercial or
10 industrial firm, including but not limited to the
11 property of any firm that is used for collecting,
12 separating, storing, or processing recyclable
13 materials, locating within the taxing district
14 during the immediately preceding year from another
15 state, territory, or country, or having been newly
16 created within this State during the immediately
17 preceding year, or expanding an existing facility.
18 The abatement shall not exceed a period of 10 years
19 and the aggregate amount of abated taxes for all
20 taxing districts combined shall not exceed
21 $4,000,000; or
22 (B) The property of any commercial or
23 industrial development of at least 500 acres having
24 been created within the taxing district. The
25 abatement shall not exceed a period of 20 years and
26 the aggregate amount of abated taxes for all taxing
27 districts combined shall not exceed $12,000,000.
28 (C) The property of any commercial or
29 industrial firm currently located in the taxing
30 district that expands a facility or its number of
31 employees. The abatement shall not exceed a period
32 of 10 years and the aggregate amount of abated taxes
33 for all taxing districts combined shall not exceed
34 $4,000,000. The abatement period may be renewed at
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1 the option of the taxing districts.
2 (2) Horse racing. Any property in the taxing
3 district which is used for the racing of horses and upon
4 which capital improvements consisting of expansion,
5 improvement or replacement of existing facilities have
6 been made since July 1, 1987. The combined abatements
7 for such property from all taxing districts in any county
8 shall not exceed $5,000,000 annually and shall not exceed
9 a period of 10 years.
10 (3) Auto racing. Any property designed exclusively
11 for the racing of motor vehicles. Such abatement shall
12 not exceed a period of 10 years.
13 (4) Academic or research institute. The property
14 of any academic or research institute in the taxing
15 district that (i) is an exempt organization under
16 paragraph (3) of Section 501(c) of the Internal Revenue
17 Code, (ii) operates for the benefit of the public by
18 actually and exclusively performing scientific research
19 and making the results of the research available to the
20 interested public on a non-discriminatory basis, and
21 (iii) employs more than 100 employees. An abatement
22 granted under this paragraph shall be for at least 15
23 years and the aggregate amount of abated taxes for all
24 taxing districts combined shall not exceed $5,000,000.
25 (5) Housing for older persons. Any property in the
26 taxing district that is devoted exclusively to affordable
27 housing for older households. For purposes of this
28 paragraph, "older households" means those households (i)
29 living in housing provided under any State or federal
30 program that the Department of Human Rights determines is
31 specifically designed and operated to assist elderly
32 persons and is solely occupied by persons 55 years of age
33 or older and (ii) whose annual income does not exceed 80%
34 of the area gross median income, adjusted for family
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1 size, as such gross income and median income are
2 determined from time to time by the United States
3 Department of Housing and Urban Development. The
4 abatement shall not exceed a period of 15 years, and the
5 aggregate amount of abated taxes for all taxing districts
6 shall not exceed $3,000,000. The abatement granted under
7 this paragraph first applies to 1998 extensions for 1997
8 levies.
9 (b) Upon a majority vote of its governing authority, any
10 municipality may, after the determination of the assessed
11 valuation of its property, order the county clerk to abate
12 any portion of its taxes on any property that is located
13 within the corporate limits of the municipality in accordance
14 with Section 8-3-18 of the Illinois Municipal Code.
15 (Source: P.A. 89-561, eff. 1-1-97; 90-46, eff. 7-3-97;
16 90-415, eff. 8-15-97; 90-568, eff. 1-1-99; revised 2-7-98.)
17 (35 ILCS 200/18-185)
18 (Text of Section before amendment by P.A. 90-568)
19 Sec. 18-185. Short title; definitions. This Section and
20 Sections 18-190 through 18-245 may be cited as the Property
21 Tax Extension Limitation Law. As used in Sections 18-190
22 through 18-245:
23 "Consumer Price Index" means the Consumer Price Index for
24 All Urban Consumers for all items published by the United
25 States Department of Labor.
26 "Extension limitation" means (a) the lesser of 5% or the
27 percentage increase in the Consumer Price Index during the
28 12-month calendar year preceding the levy year or (b) the
29 rate of increase approved by voters under Section 18-205.
30 "Affected county" means a county of 3,000,000 or more
31 inhabitants or a county contiguous to a county of 3,000,000
32 or more inhabitants.
33 "Taxing district" has the same meaning provided in
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1 Section 1-150, except as otherwise provided in this Section.
2 For the 1991 through 1994 levy years only, "taxing district"
3 includes only each non-home rule taxing district having the
4 majority of its 1990 equalized assessed value within any
5 county or counties contiguous to a county with 3,000,000 or
6 more inhabitants. Beginning with the 1995 levy year, "taxing
7 district" includes only each non-home rule taxing district
8 subject to this Law before the 1995 levy year and each
9 non-home rule taxing district not subject to this Law before
10 the 1995 levy year having the majority of its 1994 equalized
11 assessed value in an affected county or counties. Beginning
12 with the levy year in which this Law becomes applicable to a
13 taxing district as provided in Section 18-213, "taxing
14 district" also includes those taxing districts made subject
15 to this Law as provided in Section 18-213.
16 "Aggregate extension" for taxing districts to which this
17 Law applied before the 1995 levy year means the annual
18 corporate extension for the taxing district and those special
19 purpose extensions that are made annually for the taxing
20 district, excluding special purpose extensions: (a) made for
21 the taxing district to pay interest or principal on general
22 obligation bonds that were approved by referendum; (b) made
23 for any taxing district to pay interest or principal on
24 general obligation bonds issued before October 1, 1991; (c)
25 made for any taxing district to pay interest or principal on
26 bonds issued to refund or continue to refund those bonds
27 issued before October 1, 1991; (d) made for any taxing
28 district to pay interest or principal on bonds issued to
29 refund or continue to refund bonds issued after October 1,
30 1991 that were approved by referendum; (e) made for any
31 taxing district to pay interest or principal on revenue bonds
32 issued before October 1, 1991 for payment of which a property
33 tax levy or the full faith and credit of the unit of local
34 government is pledged; however, a tax for the payment of
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1 interest or principal on those bonds shall be made only after
2 the governing body of the unit of local government finds that
3 all other sources for payment are insufficient to make those
4 payments; (f) made for payments under a building commission
5 lease when the lease payments are for the retirement of bonds
6 issued by the commission before October 1, 1991, to pay for
7 the building project; (g) made for payments due under
8 installment contracts entered into before October 1, 1991;
9 (h) made for payments of principal and interest on bonds
10 issued under the Metropolitan Water Reclamation District Act
11 to finance construction projects initiated before October 1,
12 1991; (i) made for payments of principal and interest on
13 limited bonds, as defined in Section 3 of the Local
14 Government Debt Reform Act, in an amount not to exceed the
15 debt service extension base less the amount in items (b),
16 (c), (e), and (h) of this definition for non-referendum
17 obligations, except obligations initially issued pursuant to
18 referendum; (j) made for payments of principal and interest
19 on bonds issued under Section 15 of the Local Government Debt
20 Reform Act; and (k) made by a school district that
21 participates in the Special Education District of Lake
22 County, created by special education joint agreement under
23 Section 10-22.31 of the School Code, for payment of the
24 school district's share of the amounts required to be
25 contributed by the Special Education District of Lake County
26 to the Illinois Municipal Retirement Fund under Article 7 of
27 the Illinois Pension Code; the amount of any extension under
28 this item (k) shall be certified by the school district to
29 the county clerk.
30 "Aggregate extension" for the taxing districts to which
31 this Law did not apply before the 1995 levy year (except
32 taxing districts subject to this Law in accordance with
33 Section 18-213) means the annual corporate extension for the
34 taxing district and those special purpose extensions that are
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1 made annually for the taxing district, excluding special
2 purpose extensions: (a) made for the taxing district to pay
3 interest or principal on general obligation bonds that were
4 approved by referendum; (b) made for any taxing district to
5 pay interest or principal on general obligation bonds issued
6 before March 1, 1995; (c) made for any taxing district to pay
7 interest or principal on bonds issued to refund or continue
8 to refund those bonds issued before March 1, 1995; (d) made
9 for any taxing district to pay interest or principal on bonds
10 issued to refund or continue to refund bonds issued after
11 March 1, 1995 that were approved by referendum; (e) made for
12 any taxing district to pay interest or principal on revenue
13 bonds issued before March 1, 1995 for payment of which a
14 property tax levy or the full faith and credit of the unit of
15 local government is pledged; however, a tax for the payment
16 of interest or principal on those bonds shall be made only
17 after the governing body of the unit of local government
18 finds that all other sources for payment are insufficient to
19 make those payments; (f) made for payments under a building
20 commission lease when the lease payments are for the
21 retirement of bonds issued by the commission before March 1,
22 1995 to pay for the building project; (g) made for payments
23 due under installment contracts entered into before March 1,
24 1995; (h) made for payments of principal and interest on
25 bonds issued under the Metropolitan Water Reclamation
26 District Act to finance construction projects initiated
27 before October 1, 1991; (i) made for payments of principal
28 and interest on limited bonds, as defined in Section 3 of the
29 Local Government Debt Reform Act, in an amount not to exceed
30 the debt service extension base less the amount in items (b),
31 (c), and (e) of this definition for non-referendum
32 obligations, except obligations initially issued pursuant to
33 referendum and bonds described in subsection (h) of this
34 definition; (j) made for payments of principal and interest
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1 on bonds issued under Section 15 of the Local Government Debt
2 Reform Act; (k) made for payments of principal and interest
3 on bonds authorized by Public Act 88-503 and issued under
4 Section 20a of the Chicago Park District Act for aquarium or
5 museum projects; and (l) made for payments of principal and
6 interest on bonds authorized by Public Act 87-1191 and issued
7 under Section 42 of the Cook County Forest Preserve District
8 Act for zoological park projects.
9 "Aggregate extension" for all taxing districts to which
10 this Law applies in accordance with Section 18-213, except
11 for those taxing districts subject to paragraph (2) of
12 subsection (e) of Section 18-213, means the annual corporate
13 extension for the taxing district and those special purpose
14 extensions that are made annually for the taxing district,
15 excluding special purpose extensions: (a) made for the taxing
16 district to pay interest or principal on general obligation
17 bonds that were approved by referendum; (b) made for any
18 taxing district to pay interest or principal on general
19 obligation bonds issued before the date on which the
20 referendum making this Law applicable to the taxing district
21 is held; (c) made for any taxing district to pay interest or
22 principal on bonds issued to refund or continue to refund
23 those bonds issued before the date on which the referendum
24 making this Law applicable to the taxing district is held;
25 (d) made for any taxing district to pay interest or principal
26 on bonds issued to refund or continue to refund bonds issued
27 after the date on which the referendum making this Law
28 applicable to the taxing district is held if the bonds were
29 approved by referendum after the date on which the referendum
30 making this Law applicable to the taxing district is held;
31 (e) made for any taxing district to pay interest or principal
32 on revenue bonds issued before the date on which the
33 referendum making this Law applicable to the taxing district
34 is held for payment of which a property tax levy or the full
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1 faith and credit of the unit of local government is pledged;
2 however, a tax for the payment of interest or principal on
3 those bonds shall be made only after the governing body of
4 the unit of local government finds that all other sources for
5 payment are insufficient to make those payments; (f) made for
6 payments under a building commission lease when the lease
7 payments are for the retirement of bonds issued by the
8 commission before the date on which the referendum making
9 this Law applicable to the taxing district is held to pay for
10 the building project; (g) made for payments due under
11 installment contracts entered into before the date on which
12 the referendum making this Law applicable to the taxing
13 district is held; (h) made for payments of principal and
14 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
20 on bonds issued under Section 15 of the Local Government Debt
21 Reform Act; and (j) made for a qualified airport authority to
22 pay interest or principal on general obligation bonds issued
23 for 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
27 such a contract taking effect on or after that date).
28 "Aggregate extension" for all taxing districts to which
29 this Law applies in accordance with paragraph (2) of
30 subsection (e) of Section 18-213 means the annual corporate
31 extension for the taxing district and those special purpose
32 extensions that are made annually for the taxing district,
33 excluding special purpose extensions: (a) made for the taxing
34 district to pay interest or principal on general obligation
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1 bonds that were approved by referendum; (b) made for any
2 taxing district to pay interest or principal on general
3 obligation bonds issued before the effective date of this
4 amendatory Act of 1997; (c) made for any taxing district to
5 pay interest or principal on bonds issued to refund or
6 continue to refund those bonds issued before the effective
7 date of this amendatory Act of 1997; (d) made for any taxing
8 district to pay interest or principal on bonds issued to
9 refund or continue to refund bonds issued after the effective
10 date of this amendatory Act of 1997 if the bonds were
11 approved by referendum after the effective date of this
12 amendatory Act of 1997; (e) made for any taxing district to
13 pay interest or principal on revenue bonds issued before the
14 effective date of this amendatory Act of 1997 for payment of
15 which a property tax levy or the full faith and credit of the
16 unit of local government is pledged; however, a tax for the
17 payment of interest or principal on those bonds shall be made
18 only after the governing body of the unit of local government
19 finds that all other sources for payment are insufficient to
20 make those payments; (f) made for payments under a building
21 commission lease when the lease payments are for the
22 retirement of bonds issued by the commission before the
23 effective date of this amendatory Act of 1997 to pay for the
24 building project; (g) made for payments due under installment
25 contracts entered into before the effective date of this
26 amendatory Act of 1997; (h) 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; (i) made for payments of principal and interest
33 on bonds issued under Section 15 of the Local Government Debt
34 Reform Act; and (j) made for a qualified airport authority to
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1 pay interest or principal on general obligation bonds issued
2 for the purpose of paying obligations due under, or financing
3 airport facilities required to be acquired, constructed,
4 installed or equipped pursuant to, contracts entered into
5 before March 1, 1996 (but not including any amendments to
6 such a contract taking effect on or after that date).
7 "Debt service extension base" means an amount equal to
8 that portion of the extension for a taxing district for the
9 1994 levy year, or for those taxing districts subject to this
10 Law in accordance with Section 18-213, except for those
11 subject to paragraph (2) of subsection (e) of Section 18-213,
12 for the levy year in which the referendum making this Law
13 applicable to the taxing district is held, or for those
14 taxing districts subject to this Law in accordance with
15 paragraph (2) of subsection (e) of Section 18-213 for the
16 1996 levy year, constituting an extension for payment of
17 principal and interest on bonds issued by the taxing district
18 without referendum, but not including (i) bonds authorized by
19 Public Act 88-503 and issued under Section 20a of the Chicago
20 Park District Act for aquarium and museum projects; (ii)
21 bonds issued under Section 15 of the Local Government Debt
22 Reform Act; or (iii) refunding obligations issued to refund
23 or to continue to refund obligations initially issued
24 pursuant to referendum. The debt service extension base may
25 be established or increased as provided under Section 18-212.
26 "Special purpose extensions" include, but are not limited
27 to, extensions for levies made on an annual basis for
28 unemployment and workers' compensation, self-insurance,
29 contributions to pension plans, and extensions made pursuant
30 to Section 6-601 of the Illinois Highway Code for a road
31 district's permanent road fund whether levied annually or
32 not. The extension for a special service area is not
33 included in the aggregate extension.
34 "Aggregate extension base" means the taxing district's
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1 last preceding aggregate extension as adjusted under Sections
2 18-215 through 18-230.
3 "Levy year" has the same meaning as "year" under Section
4 1-155.
5 "New property" means (i) the assessed value, after final
6 board of review or board of appeals action, of new
7 improvements or additions to existing improvements on any
8 parcel of real property that increase the assessed value of
9 that real property during the levy year multiplied by the
10 equalization factor issued by the Department under Section
11 17-30 and (ii) the assessed value, after final board of
12 review or board of appeals action, of real property not
13 exempt from real estate taxation, which real property was
14 exempt from real estate taxation for any portion of the
15 immediately preceding levy year, multiplied by the
16 equalization factor issued by the Department under Section
17 17-30.
18 "Qualified airport authority" means an airport authority
19 organized under the Airport Authorities Act and located in a
20 county bordering on the State of Wisconsin and having a
21 population in excess of 200,000 and not greater than 500,000.
22 "Recovered tax increment value" means the amount of the
23 current year's equalized assessed value, in the first year
24 after a municipality terminates the designation of an area as
25 a redevelopment project area previously established under the
26 Tax Increment Allocation Development Act in the Illinois
27 Municipal Code, previously established under the Industrial
28 Jobs Recovery Law in the Illinois Municipal Code, or
29 previously established under the Economic Development Area
30 Tax Increment Allocation Act, of each taxable lot, block,
31 tract, or parcel of real property in the redevelopment
32 project area over and above the initial equalized assessed
33 value of each property in the redevelopment project area. For
34 the taxes which are extended in 1998 for the 1997 levy year,
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1 the recovered tax increment value for a non-home rule taxing
2 district that first became subject to this Law for the 1995
3 levy year because a majority of its 1994 equalized assessed
4 value was in an affected county or counties shall be
5 increased if a municipality terminated the designation of an
6 area in 1993 as a redevelopment project area previously
7 established under the Tax Increment Allocation Development
8 Act in the Illinois Municipal Code, previously established
9 under the Industrial Jobs Recovery Law in the Illinois
10 Municipal Code, or previously established under the Economic
11 Development Area Tax Increment Allocation Act, by an amount
12 equal to the 1994 equalized assessed value of each taxable
13 lot, block, tract, or parcel of real property in the
14 redevelopment project area over and above the initial
15 equalized assessed value of each property in the
16 redevelopment project area.
17 Except as otherwise provided in this Section, "limiting
18 rate" means a fraction the numerator of which is the last
19 preceding aggregate extension base times an amount equal to
20 one plus the extension limitation defined in this Section and
21 the denominator of which is the current year's equalized
22 assessed value of all real property in the territory under
23 the jurisdiction of the taxing district during the prior levy
24 year. For those taxing districts that reduced their
25 aggregate extension for the last preceding levy year, the
26 highest aggregate extension in any of the last 3 preceding
27 levy years shall be used for the purpose of computing the
28 limiting rate. The denominator shall not include new
29 property. The denominator shall not include the recovered
30 tax increment value.
31 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
32 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
33 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
34 eff. 1-1-98; 90-511, eff. 8-22-97; revised 10-24-97.)
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1 (Text of Section after amendment by P.A. 90-568)
2 Sec. 18-185. Short title; definitions. This Section and
3 Sections 18-190 through 18-245 may be cited as the Property
4 Tax Extension Limitation Law. As used in Sections 18-190
5 through 18-245:
6 "Consumer Price Index" means the Consumer Price Index for
7 All Urban Consumers for all items published by the United
8 States Department of Labor.
9 "Extension limitation" means (a) the lesser of 5% or the
10 percentage increase in the Consumer Price Index during the
11 12-month calendar year preceding the levy year or (b) the
12 rate of increase approved by voters under Section 18-205.
13 "Affected county" means a county of 3,000,000 or more
14 inhabitants or a county contiguous to a county of 3,000,000
15 or more inhabitants.
16 "Taxing district" has the same meaning provided in
17 Section 1-150, except as otherwise provided in this Section.
18 For the 1991 through 1994 levy years only, "taxing district"
19 includes only each non-home rule taxing district having the
20 majority of its 1990 equalized assessed value within any
21 county or counties contiguous to a county with 3,000,000 or
22 more inhabitants. Beginning with the 1995 levy year, "taxing
23 district" includes only each non-home rule taxing district
24 subject to this Law before the 1995 levy year and each
25 non-home rule taxing district not subject to this Law before
26 the 1995 levy year having the majority of its 1994 equalized
27 assessed value in an affected county or counties. Beginning
28 with the levy year in which this Law becomes applicable to a
29 taxing district as provided in Section 18-213, "taxing
30 district" also includes those taxing districts made subject
31 to this Law as provided in Section 18-213.
32 "Aggregate extension" for taxing districts to which this
33 Law applied before the 1995 levy year means the annual
34 corporate extension for the taxing district and those special
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1 purpose extensions that are made annually for the taxing
2 district, excluding special purpose extensions: (a) made for
3 the taxing district to pay interest or principal on general
4 obligation bonds that were approved by referendum; (b) made
5 for any taxing district to pay interest or principal on
6 general obligation bonds issued before October 1, 1991; (c)
7 made for any taxing district to pay interest or principal on
8 bonds issued to refund or continue to refund those bonds
9 issued before October 1, 1991; (d) made for any taxing
10 district to pay interest or principal on bonds issued to
11 refund or continue to refund bonds issued after October 1,
12 1991 that were approved by referendum; (e) made for any
13 taxing district to pay interest or principal on revenue bonds
14 issued before October 1, 1991 for payment of which a property
15 tax levy or the full faith and credit of the unit of local
16 government is pledged; however, a tax for the payment of
17 interest or principal on those bonds shall be made only after
18 the governing body of the unit of local government finds that
19 all other sources for payment are insufficient to make those
20 payments; (f) made for payments under a building commission
21 lease when the lease payments are for the retirement of bonds
22 issued by the commission before October 1, 1991, to pay for
23 the building project; (g) made for payments due under
24 installment contracts entered into before October 1, 1991;
25 (h) made for payments of principal and interest on bonds
26 issued under the Metropolitan Water Reclamation District Act
27 to finance construction projects initiated before October 1,
28 1991; (i) made for payments of principal and interest on
29 limited bonds, as defined in Section 3 of the Local
30 Government Debt Reform Act, in an amount not to exceed the
31 debt service extension base less the amount in items (b),
32 (c), (e), and (h) of this definition for non-referendum
33 obligations, except obligations initially issued pursuant to
34 referendum; (j) made for payments of principal and interest
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1 on bonds issued under Section 15 of the Local Government Debt
2 Reform Act; and (k) made by a school district that
3 participates in the Special Education District of Lake
4 County, created by special education joint agreement under
5 Section 10-22.31 of the School Code, for payment of the
6 school district's share of the amounts required to be
7 contributed by the Special Education District of Lake County
8 to the Illinois Municipal Retirement Fund under Article 7 of
9 the Illinois Pension Code; the amount of any extension under
10 this item (k) shall be certified by the school district to
11 the county clerk.
12 "Aggregate extension" for the taxing districts to which
13 this Law did not apply before the 1995 levy year (except
14 taxing districts subject to this Law in accordance with
15 Section 18-213) means the annual corporate extension for the
16 taxing district and those special purpose extensions that are
17 made annually for the taxing district, excluding special
18 purpose extensions: (a) made for the taxing district to pay
19 interest or principal on general obligation bonds that were
20 approved by referendum; (b) made for any taxing district to
21 pay interest or principal on general obligation bonds issued
22 before March 1, 1995; (c) made for any taxing district to pay
23 interest or principal on bonds issued to refund or continue
24 to refund those bonds issued before March 1, 1995; (d) made
25 for any taxing district to pay interest or principal on bonds
26 issued to refund or continue to refund bonds issued after
27 March 1, 1995 that were approved by referendum; (e) made for
28 any taxing district to pay interest or principal on revenue
29 bonds issued before March 1, 1995 for payment of which a
30 property tax levy or the full faith and credit of the unit of
31 local government is pledged; however, a tax for the payment
32 of interest or principal on those bonds shall be made only
33 after the governing body of the unit of local government
34 finds that all other sources for payment are insufficient to
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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 March 1,
4 1995 to pay for the building project; (g) made for payments
5 due under installment contracts entered into before March 1,
6 1995; (h) made for payments of principal and interest on
7 bonds issued under the Metropolitan Water Reclamation
8 District Act to finance construction projects initiated
9 before October 1, 1991; (i) made for payments of principal
10 and interest on limited bonds, as defined in Section 3 of the
11 Local Government Debt Reform Act, in an amount not to exceed
12 the debt service extension base less the amount in items (b),
13 (c), and (e) of this definition for non-referendum
14 obligations, except obligations initially issued pursuant to
15 referendum and bonds described in subsection (h) of this
16 definition; (j) made for payments of principal and interest
17 on bonds issued under Section 15 of the Local Government Debt
18 Reform Act; (k) made for payments of principal and interest
19 on bonds authorized by Public Act 88-503 and issued under
20 Section 20a of the Chicago Park District Act for aquarium or
21 museum projects; and (l) made for payments of principal and
22 interest on bonds authorized by Public Act 87-1191 and issued
23 under Section 42 of the Cook County Forest Preserve District
24 Act for zoological park projects.
25 "Aggregate extension" for all taxing districts to which
26 this Law applies in accordance with Section 18-213, except
27 for those taxing districts subject to paragraph (2) of
28 subsection (e) of Section 18-213, means the annual corporate
29 extension for the taxing district and those special purpose
30 extensions that are made annually for the taxing district,
31 excluding special purpose extensions: (a) made for the taxing
32 district to pay interest or principal on general obligation
33 bonds that were approved by referendum; (b) made for any
34 taxing district to pay interest or principal on general
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1 obligation bonds issued before the date on which the
2 referendum making this Law applicable to the taxing district
3 is held; (c) made for any taxing district to pay interest or
4 principal on bonds issued to refund or continue to refund
5 those bonds issued before the date on which the referendum
6 making this Law applicable to the taxing district is held;
7 (d) made for any taxing district to pay interest or principal
8 on bonds issued to refund or continue to refund bonds issued
9 after the date on which the referendum making this Law
10 applicable to the taxing district is held if the bonds were
11 approved by referendum after the date on which the referendum
12 making this Law applicable to the taxing district is held;
13 (e) made for any taxing district to pay interest or principal
14 on revenue bonds issued before the date on which the
15 referendum making this Law applicable to the taxing district
16 is held for payment of which a property tax levy or the full
17 faith and credit of the unit of local government is pledged;
18 however, a tax for the payment of interest or principal on
19 those bonds shall be made only after the governing body of
20 the unit of local government finds that all other sources for
21 payment are insufficient to make those payments; (f) made for
22 payments under a building commission lease when the lease
23 payments are for the retirement of bonds issued by the
24 commission before the date on which the referendum making
25 this Law applicable to the taxing district is held to pay for
26 the building project; (g) made for payments due under
27 installment contracts entered into before the date on which
28 the referendum making this Law applicable to the taxing
29 district is held; (h) made for payments of principal and
30 interest on limited bonds, as defined in Section 3 of the
31 Local Government Debt Reform Act, in an amount not to exceed
32 the debt service extension base less the amount in items (b),
33 (c), and (e) of this definition for non-referendum
34 obligations, except obligations initially issued pursuant to
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1 referendum; (i) made for payments of principal and interest
2 on bonds issued under Section 15 of the Local Government Debt
3 Reform Act; and (j) made for a qualified airport authority to
4 pay interest or principal on general obligation bonds issued
5 for the purpose of paying obligations due under, or financing
6 airport facilities required to be acquired, constructed,
7 installed or equipped pursuant to, contracts entered into
8 before March 1, 1996 (but not including any amendments to
9 such a contract taking effect on or after that date).
10 "Aggregate extension" for all taxing districts to which
11 this Law applies in accordance with paragraph (2) of
12 subsection (e) of Section 18-213 means the annual corporate
13 extension for the taxing district and those special purpose
14 extensions that are made annually for the taxing district,
15 excluding special purpose extensions: (a) made for the taxing
16 district to pay interest or principal on general obligation
17 bonds that were approved by referendum; (b) made for any
18 taxing district to pay interest or principal on general
19 obligation bonds issued before the effective date of this
20 amendatory Act of 1997; (c) made for any taxing district to
21 pay interest or principal on bonds issued to refund or
22 continue to refund those bonds issued before the effective
23 date of this amendatory Act of 1997; (d) made for any taxing
24 district to pay interest or principal on bonds issued to
25 refund or continue to refund bonds issued after the effective
26 date of this amendatory Act of 1997 if the bonds were
27 approved by referendum after the effective date of this
28 amendatory Act of 1997; (e) made for any taxing district to
29 pay interest or principal on revenue bonds issued before the
30 effective date of this amendatory Act of 1997 for payment of
31 which a property tax levy or the full faith and credit of the
32 unit of local government is pledged; however, a tax for the
33 payment of interest or principal on those bonds shall be made
34 only after the governing body of the unit of local government
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1 finds that all other sources for payment are insufficient to
2 make those payments; (f) made for payments under a building
3 commission lease when the lease payments are for the
4 retirement of bonds issued by the commission before the
5 effective date of this amendatory Act of 1997 to pay for the
6 building project; (g) made for payments due under installment
7 contracts entered into before the effective date of this
8 amendatory Act of 1997; (h) made for payments of principal
9 and interest on limited bonds, as defined in Section 3 of the
10 Local Government Debt Reform Act, in an amount not to exceed
11 the debt service extension base less the amount in items (b),
12 (c), and (e) of this definition for non-referendum
13 obligations, except obligations initially issued pursuant to
14 referendum; (i) made for payments of principal and interest
15 on bonds issued under Section 15 of the Local Government Debt
16 Reform Act; and (j) made for a qualified airport authority to
17 pay interest or principal on general obligation bonds issued
18 for the purpose of paying obligations due under, or financing
19 airport facilities required to be acquired, constructed,
20 installed or equipped pursuant to, contracts entered into
21 before March 1, 1996 (but not including any amendments to
22 such a contract taking effect on or after that date).
23 "Debt service extension base" means an amount equal to
24 that portion of the extension for a taxing district for the
25 1994 levy year, or for those taxing districts subject to this
26 Law in accordance with Section 18-213, except for those
27 subject to paragraph (2) of subsection (e) of Section 18-213,
28 for the levy year in which the referendum making this Law
29 applicable to the taxing district is held, or for those
30 taxing districts subject to this Law in accordance with
31 paragraph (2) of subsection (e) of Section 18-213 for the
32 1996 levy year, constituting an extension for payment of
33 principal and interest on bonds issued by the taxing district
34 without referendum, but not including (i) bonds authorized by
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1 Public Act 88-503 and issued under Section 20a of the Chicago
2 Park District Act for aquarium and museum projects; (ii)
3 bonds issued under Section 15 of the Local Government Debt
4 Reform Act; or (iii) refunding obligations issued to refund
5 or to continue to refund obligations initially issued
6 pursuant to referendum. The debt service extension base may
7 be established or increased as provided under Section 18-212.
8 "Special purpose extensions" include, but are not limited
9 to, extensions for levies made on an annual basis for
10 unemployment and workers' compensation, self-insurance,
11 contributions to pension plans, and extensions made pursuant
12 to Section 6-601 of the Illinois Highway Code for a road
13 district's permanent road fund whether levied annually or
14 not. The extension for a special service area is not
15 included in the aggregate extension.
16 "Aggregate extension base" means the taxing district's
17 last preceding aggregate extension as adjusted under Sections
18 18-215 through 18-230.
19 "Levy year" has the same meaning as "year" under Section
20 1-155.
21 "New property" means (i) the assessed value, after final
22 board of review or board of appeals action, of new
23 improvements or additions to existing improvements on any
24 parcel of real property that increase the assessed value of
25 that real property during the levy year multiplied by the
26 equalization factor issued by the Department under Section
27 17-30 and (ii) the assessed value, after final board of
28 review or board of appeals action, of real property not
29 exempt from real estate taxation, which real property was
30 exempt from real estate taxation for any portion of the
31 immediately preceding levy year, multiplied by the
32 equalization factor issued by the Department under Section
33 17-30.
34 "Qualified airport authority" means an airport authority
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1 organized under the Airport Authorities Act and located in a
2 county bordering on the State of Wisconsin and having a
3 population in excess of 200,000 and not greater than 500,000.
4 "Recovered tax increment value" means the amount of the
5 current year's equalized assessed value, in the first year
6 after a municipality terminates the designation of an area as
7 a redevelopment project area previously established under the
8 Tax Increment Allocation Development Act in the Illinois
9 Municipal Code, previously established under the Industrial
10 Jobs Recovery Law in the Illinois Municipal Code, or
11 previously established under the Economic Development Area
12 Tax Increment Allocation Act, of each taxable lot, block,
13 tract, or parcel of real property in the redevelopment
14 project area over and above the initial equalized assessed
15 value of each property in the redevelopment project area.
16 For the taxes which are extended in 1998 for the 1997 levy
17 year, the recovered tax increment value for a non-home rule
18 taxing district that first became subject to this Law for the
19 1995 levy year because a majority of its 1994 equalized
20 assessed value was in an affected county or counties shall be
21 increased if a municipality terminated the designation of an
22 area in 1993 as a redevelopment project area previously
23 established under the Tax Increment Allocation Development
24 Act in the Illinois Municipal Code, previously established
25 under the Industrial Jobs Recovery Law in the Illinois
26 Municipal Code, or previously established under the Economic
27 Development Area Tax Increment Allocation Act, by an amount
28 equal to the 1994 equalized assessed value of each taxable
29 lot, block, tract, or parcel of real property in the
30 redevelopment project area over and above the initial
31 equalized assessed value of each property in the
32 redevelopment project area.
33 Except as otherwise provided in this Section, "limiting
34 rate" means a fraction the numerator of which is the last
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1 preceding aggregate extension base times an amount equal to
2 one plus the extension limitation defined in this Section and
3 the denominator of which is the current year's equalized
4 assessed value of all real property in the territory under
5 the jurisdiction of the taxing district during the prior levy
6 year. For those taxing districts that reduced their
7 aggregate extension for the last preceding levy year, the
8 highest aggregate extension in any of the last 3 preceding
9 levy years shall be used for the purpose of computing the
10 limiting rate. The denominator shall not include new
11 property. The denominator shall not include the recovered
12 tax increment value.
13 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
14 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
15 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
16 eff. 1-1-98; 90-511, eff. 8-22-97; 90-568, eff. 1-1-99;
17 revised 2-7-98.)
18 Section 99. Effective date. This Act is effective upon
19 becoming law.