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91_HB0265
LRB9101268PTpk
1 AN ACT concerning senior citizens.
2 Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
4 Section 5. The Economic Development Area Tax Increment
5 Allocation Act is amended by changing Section 6 as follows:
6 (20 ILCS 620/6) (from Ch. 67 1/2, par. 1006)
7 Sec. 6. Filing with county clerk; certification of
8 initial equalized assessed value.
9 (a) The municipality shall file a certified copy of any
10 ordinance authorizing tax increment allocation financing for
11 an economic development project area with the county clerk,
12 and the county clerk shall immediately thereafter determine
13 (1) the most recently ascertained equalized assessed value of
14 each lot, block, tract or parcel of real property within the
15 economic development project area from which shall be
16 deducted the homestead exemptions provided by Sections
17 15-167, 15-170, and 15-175 of the Property Tax Code, which
18 value shall be the "initial equalized assessed value" of each
19 such piece of property, and (2) the total equalized assessed
20 value of all taxable real property within the economic
21 development project area by adding together the most recently
22 ascertained equalized assessed value of each taxable lot,
23 block, tract, or parcel of real property within such economic
24 development project area, from which shall be deducted the
25 homestead exemptions provided by Sections 15-167, 15-170, and
26 15-175 of the Property Tax Code, and shall certify such
27 amount as the "total initial equalized assessed value" of the
28 taxable real property within the economic development project
29 area.
30 (b) After the county clerk has certified the "total
31 initial equalized assessed value" of the taxable real
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1 property in the economic development project area, then in
2 respect to every taxing district containing an economic
3 development project area, the county clerk or any other
4 official required by law to ascertain the amount of the
5 equalized assessed value of all taxable property within that
6 taxing district for the purpose of computing the rate per
7 cent of tax to be extended upon taxable property within that
8 taxing district, shall in every year that tax increment
9 allocation financing is in effect ascertain the amount of
10 value of taxable property in an economic development project
11 area by including in that amount the lower of the current
12 equalized assessed value or the certified "total initial
13 equalized assessed value" of all taxable real property in
14 such area. The rate per cent of tax determined shall be
15 extended to the current equalized assessed value of all
16 property in the economic development project area in the same
17 manner as the rate per cent of tax is extended to all other
18 taxable property in the taxing district. The method of
19 allocating taxes established under this Section shall
20 terminate when the municipality adopts an ordinance
21 dissolving the special tax allocation fund for the economic
22 development project area, terminating the economic
23 development project area, and terminating the use of tax
24 increment allocation financing for the economic development
25 project area. This Act shall not be construed as relieving
26 property owners within an economic development project area
27 from paying a uniform rate of taxes upon the current
28 equalized assessed value of their taxable property as
29 provided in the Property Tax Code.
30 (Source: P.A. 88-670, eff. 12-2-94.)
31 Section 10. The Property Tax Code is amended by changing
32 Sections 14-15 and 15-10 and adding Section 15-167 as
33 follows:
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1 (35 ILCS 200/14-15)
2 Sec. 14-15. Certificate of error; counties of 3,000,000
3 or more.
4 (a) In counties with 3,000,000 or more inhabitants, if,
5 at any time before judgment is rendered in any proceeding to
6 collect or to enjoin the collection of taxes based upon any
7 assessment of any property belonging to any taxpayer, the
8 county assessor discovers an error or mistake in the
9 assessment, the assessor shall execute a certificate setting
10 forth the nature and cause of the error. The certificate
11 when endorsed by the county assessor, or when endorsed by the
12 county assessor and board of appeals (until the first Monday
13 in December 1998 and the board of review beginning the first
14 Monday in December 1998 and thereafter) where the certificate
15 is executed for any assessment which was the subject of a
16 complaint filed in the board of appeals (until the first
17 Monday in December 1998 and the board of review beginning the
18 first Monday in December 1998 and thereafter) for the tax
19 year for which the certificate is issued, may be received in
20 evidence in any court of competent jurisdiction. When so
21 introduced in evidence such certificate shall become a part
22 of the court records, and shall not be removed from the files
23 except upon the order of the court.
24 A certificate executed under this Section may be issued
25 to the person erroneously assessed. A certificate executed
26 under this Section or a list of the parcels for which
27 certificates have been issued may be presented by the
28 assessor to the court as an objection in the application for
29 judgment and order of sale for the year in relation to which
30 the certificate is made. The State's Attorney of the county
31 in which the property is situated shall mail a copy of any
32 final judgment entered by the court regarding the certificate
33 to the taxpayer of record for the year in question.
34 Any unpaid taxes after the entry of the final judgment by
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1 the court on certificates issued under this Section may be
2 included in a special tax sale, provided that an
3 advertisement is published and a notice is mailed to the
4 person in whose name the taxes were last assessed, in a form
5 and manner substantially similar to the advertisement and
6 notice required under Sections 21-110 and 21-135. The
7 advertisement and sale shall be subject to all provisions of
8 law regulating the annual advertisement and sale of
9 delinquent property, to the extent that those provisions may
10 be made applicable.
11 A certificate of error executed under this Section
12 allowing homestead exemptions under Section 15-167 and
13 Sections 15-170, 15-172, and 15-175 of this Act (formerly
14 Sections 19.23-1 and 19.23-1a of the Revenue Act of 1939) not
15 previously allowed shall be given effect by the county
16 treasurer, who shall mark the tax books and, upon receipt of
17 the following certificate from the county assessor, shall
18 issue refunds to the taxpayer accordingly:
19 "CERTIFICATION
20 I, .................., county assessor, hereby certify
21 that the Certificates of Error set out on the attached
22 list have been duly issued to allow homestead exemptions
23 pursuant to Section 15-167 and Sections 15-170, 15-172,
24 and 15-175 of the Property Tax Code (formerly Sections
25 19.23-1 and 19.23-1a of the Revenue Act of 1939) which
26 should have been previously allowed; and that a certified
27 copy of the attached list and this certification have
28 been served upon the county State's Attorney."
29 The county treasurer has the power to mark the tax books
30 to reflect the issuance of homestead certificates of error
31 issued to and including 3 years after the date on which the
32 annual judgment and order of sale for that tax year was first
33 entered. The county treasurer has the power to issue refunds
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1 to the taxpayer as set forth above until all refunds
2 authorized by this Section have been completed.
3 The county treasurer has no power to issue refunds to the
4 taxpayer as set forth above unless the Certification set out
5 in this Section has been served upon the county State's
6 Attorney.
7 (b) Nothing in subsection (a) of this Section shall be
8 construed to prohibit the execution, endorsement, issuance,
9 and adjudication of a certificate of error if (i) the annual
10 judgment and order of sale for the tax year in question is
11 reopened for further proceedings upon consent of the county
12 collector and county assessor, represented by the State's
13 Attorney, and (ii) a new final judgment is subsequently
14 entered pursuant to the certificate. This subsection (b)
15 shall be construed as declarative of existing law and not as
16 a new enactment.
17 (c) No certificate of error, other than a certificate to
18 establish an exemption under Section 14-25, shall be executed
19 for any tax year more than 3 years after the date on which
20 the annual judgment and order of sale for that tax year was
21 first entered.
22 (d) The time limitation of subsection (c) shall not
23 apply to a certificate of error correcting an assessment to
24 $1, under Section 10-35, on a parcel that a subdivision or
25 planned development has acquired by adverse possession, if
26 during the tax year for which the certificate is executed the
27 subdivision or planned development used the parcel as common
28 area, as defined in Section 10-35, and if application for the
29 certificate of error is made prior to December 1, 1997.
30 (Source: P.A. 89-126, eff. 7-11-95; 89-671, eff. 8-14-96;
31 90-4, eff. 3-7-97; 90-288, eff. 8-1-97; 90-655, eff.
32 7-30-98.)
33 (35 ILCS 200/15-10)
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1 Sec. 15-10. Exempt property; procedures for
2 certification. All property described in the Sections
3 following Section 15-30 and preceding Section 16-5, to the
4 extent therein limited, is exempt from taxation. However, it
5 is the duty of the titleholder or the owner of the beneficial
6 interest of any property that is exempt, except property
7 exempted under Section 15-45 (burial grounds) in counties of
8 less than 3,000,000 inhabitants and owned by a not-for-profit
9 organization, exempted under Section 15-50 (United States
10 property), and except as is otherwise provided in Sections
11 15-167, 15-170, and 15-175 (senior citizen school volunteer,
12 senior, and general homesteads), to file with the chief
13 county assessment officer, on or before January 31 of each
14 year (May 31 in the case of property exempted by Section
15 15-167 or 15-170), an affidavit stating whether there has
16 been any change in the ownership or use of the property or
17 the status of the owner-resident, or that a disabled veteran
18 who qualifies under Section 15-165 owned and used the
19 property as of January 1 of that year. In counties of less
20 than 3,000,000 inhabitants, the titleholder or the owner of
21 the beneficial interest of property owned by a not-for-profit
22 organization and exempt under Section 15-45 is not required
23 to file an affidavit after January 31, 1998. The nature of
24 any change shall be stated in the affidavit. Failure to
25 file an affidavit shall, in the discretion of the assessment
26 officer, constitute cause to terminate the exemption of that
27 property, notwithstanding any other provision of this Code.
28 Owners of 5 or more such exempt parcels within a county may
29 file a single annual affidavit in lieu of an affidavit for
30 each parcel. The assessment officer, upon request, shall
31 furnish an affidavit form to the owners, in which the owner
32 may state whether there has been any change in the ownership
33 or use of the property or status of the owner or resident as
34 of January 1 of that year. The owner of 5 or more exempt
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1 parcels shall list all the properties giving the same
2 information for each parcel as required of owners who file
3 individual affidavits.
4 (Source: P.A. 90-323, eff. 1-1-98.)
5 (35 ILCS 200/15-167 new)
6 Sec. 15-167. Senior citizen school volunteer homestead
7 exemption.
8 (a) For taxable years 2001 through 2005, an annual
9 exemption from the value, as equalized or assessed by the
10 Department, is granted if all of the provisions of this
11 Section are met for real property of a person 65 years of age
12 or older who:
13 (1) Occupies the property as a residence.
14 (2) Is liable for paying real estate taxes on the
15 property.
16 (3) Is an owner of record of the property or has a
17 legal or equitable interest in the property as evidenced
18 by a written instrument. A leasehold interest meets this
19 requirement only if it is an interest in the property on
20 which a single family residence is located.
21 (4) Is retired from full-time employment.
22 (5) Makes a certified contribution of volunteer
23 services during the taxable year to a public school in
24 this State.
25 (b) The amount of the exemption allowed under subsection
26 (a) shall be based on the number of contributed hours during
27 the previous taxable year as follows:
28 If the contributed hours are: Amount of credit
29 Less than 50 hours...................... -0-
30 50 hours but less than 100 hours........ $100
31 100 hours but less than 200 hours....... $200
32 200 hours but less than 300 hours....... $300
33 300 hours but less than 400 hours....... $400
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1 400 hours or more....................... $500
2 In the case of a husband and wife, the contributed hours
3 of each spouse shall be added together to determine if a
4 credit is allowed or the amount of the credit.
5 (c) A qualified contribution shall be allowed as an
6 exemption only if certified by the public school receiving
7 the contributed services. "Certified" means the issuance to
8 the taxpayer on or before January 31 of a service record by
9 the public school, verifying receipt of the contributed
10 services during the previous taxable year. The service
11 record shall contain the taxpayer's name, dates of
12 contributed service, number of contributed hours, and a
13 verification signature from an authorized agent or designee
14 of the public school.
15 (d) The chief county assessment officer must determine
16 the eligibility of the property to receive the exemption by
17 the certification and by application, visual inspection,
18 questionnaire, or other reasonable methods. The
19 determination must be made according to the guidelines
20 established by the Department. The taxpayer shall provide the
21 chief county assessment officer or Department with a copy of
22 the certification provided in subsection (c) upon request.
23 (e) In no event shall an exemption be allowed under this
24 Section if the contribution of volunteer services displaces,
25 or prevents the placement of, any employee of the public
26 school.
27 (f) For purposes of this Section:
28 "Public school" means a public elementary or secondary
29 school in Illinois, attendance at which satisfies the
30 requirements of Section 26-1 of the School Code.
31 "Qualified contribution" means a contribution of
32 volunteer services of 50 hours or more.
33 "Volunteer services" means noncompensated and
34 unreimbursed services rendered by a retired person, 65 years
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1 of age or older, in the State for a public school to aid
2 existing employees of that public school.
3 Section 15. The County Economic Development Project Area
4 Property Tax Allocation Act is amended by changing Section 6
5 as follows:
6 (55 ILCS 85/6) (from Ch. 34, par. 7006)
7 Sec. 6. Filing with county clerk; certification of
8 initial equalized assessed value.
9 (a) The county shall file a certified copy of any
10 ordinance authorizing property tax allocation financing for
11 an economic development project area with the county clerk,
12 and the county clerk shall immediately thereafter determine
13 (1) the most recently ascertained equalized assessed value of
14 each lot, block, tract or parcel of real property within the
15 economic development project area from which shall be
16 deducted the homestead exemptions provided by Sections
17 15-167, 15-170, and 15-175 of the Property Tax Code, which
18 value shall be the "initial equalized assessed value" of each
19 such piece of property, and (2) the total equalized assessed
20 value of all taxable real property within the economic
21 development project area by adding together the most recently
22 ascertained equalized assessed value of each taxable lot,
23 block, tract, or parcel of real property within such economic
24 development project area, from which shall be deducted the
25 homestead exemptions provided by Sections 15-167, 15-170, and
26 15-175 of the Property Tax Code. Upon receiving written
27 notice from the Department of its approval and certification
28 of such economic development project area, the county clerk
29 shall immediately certify such amount as the "total initial
30 equalized assessed value" of the taxable property within the
31 economic development project area.
32 (b) After the county clerk has certified the "total
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1 initial equalized assessed value" of the taxable real
2 property in the economic development project area, then in
3 respect to every taxing district containing an economic
4 development project area, the county clerk or any other
5 official required by law to ascertain the amount of the
6 equalized assessed value of all taxable property within that
7 taxing district for the purpose of computing the rate percent
8 of tax to be extended upon taxable property within the taxing
9 district, shall in every year that property tax allocation
10 financing is in effect ascertain the amount of value of
11 taxable property in an economic development project area by
12 including in that amount the lower of the current equalized
13 assessed value or the certified "total initial equalized
14 assessed value" of all taxable real property in such area.
15 The rate percent of tax determined shall be extended to the
16 current equalized assessed value of all property in the
17 economic development project area in the same manner as the
18 rate percent of tax is extended to all other taxable property
19 in the taxing district. The method of allocating taxes
20 established under this Section shall terminate when the
21 county adopts an ordinance dissolving the special tax
22 allocation fund for the economic development project area.
23 This Act shall not be construed as relieving property owners
24 within an economic development project area from paying a
25 uniform rate of taxes upon the current equalized assessed
26 value of their taxable property as provided in the Property
27 Tax Code.
28 (Source: P.A. 88-670, eff. 12-2-94.)
29 Section 20. The County Economic Development Project Area
30 Tax Increment Allocation Act of 1991 is amended by changing
31 Section 45 as follows:
32 (55 ILCS 90/45) (from Ch. 34, par. 8045)
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1 Sec. 45. Filing with county clerk; certification of
2 initial equalized assessed value.
3 (a) A county that has by ordinance approved an economic
4 development plan, established an economic development project
5 area, and adopted tax increment allocation financing for that
6 area shall file certified copies of the ordinance or
7 ordinances with the county clerk. Upon receiving the
8 ordinance or ordinances, the county clerk shall immediately
9 determine (i) the most recently ascertained equalized
10 assessed value of each lot, block, tract, or parcel of real
11 property within the economic development project area from
12 which shall be deducted the homestead exemptions provided by
13 Sections 15-167, 15-170, and 15-175 of the Property Tax Code
14 (that value being the "initial equalized assessed value" of
15 each such piece of property) and (ii) the total equalized
16 assessed value of all taxable real property within the
17 economic development project area by adding together the most
18 recently ascertained equalized assessed value of each taxable
19 lot, block, tract, or parcel of real property within the
20 economic development project area, from which shall be
21 deducted the homestead exemptions provided by Sections
22 15-167, 15-170, and 15-175 of the Property Tax Code, and
23 shall certify that amount as the "total initial equalized
24 assessed value" of the taxable real property within the
25 economic development project area.
26 (b) After the county clerk has certified the "total
27 initial equalized assessed value" of the taxable real
28 property in the economic development project area, then in
29 respect to every taxing district containing an economic
30 development project area, the county clerk or any other
31 official required by law to ascertain the amount of the
32 equalized assessed value of all taxable property within the
33 taxing district for the purpose of computing the rate per
34 cent of tax to be extended upon taxable property within the
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1 taxing district shall, in every year that tax increment
2 allocation financing is in effect, ascertain the amount of
3 value of taxable property in an economic development project
4 area by including in that amount the lower of the current
5 equalized assessed value or the certified "total initial
6 equalized assessed value" of all taxable real property in the
7 area. The rate per cent of tax determined shall be extended
8 to the current equalized assessed value of all property in
9 the economic development project area in the same manner as
10 the rate per cent of tax is extended to all other taxable
11 property in the taxing district. The method of extending
12 taxes established under this Section shall terminate when the
13 county adopts an ordinance dissolving the special tax
14 allocation fund for the economic development project area.
15 This Act shall not be construed as relieving property owners
16 within an economic development project area from paying a
17 uniform rate of taxes upon the current equalized assessed
18 value of their taxable property as provided in the Property
19 Tax Code.
20 (Source: P.A. 87-1; 88-670, eff. 12-2-94.)
21 Section 25. The Illinois Municipal Code is amended by
22 changing Sections 11-74.4-8, 11-74.4-9, and 11-74.6-40 as
23 follows:
24 (65 ILCS 5/11-74.4-8) (from Ch. 24, par. 11-74.4-8)
25 Sec. 11-74.4-8. Tax increment allocation financing. A
26 municipality may not adopt tax increment financing in a
27 redevelopment project area after the effective date of this
28 amendatory Act of 1997 that will encompass an area that is
29 currently included in an enterprise zone created under the
30 Illinois Enterprise Zone Act unless that municipality,
31 pursuant to Section 5.4 of the Illinois Enterprise Zone Act,
32 amends the enterprise zone designating ordinance to limit the
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1 eligibility for tax abatements as provided in Section 5.4.1
2 of the Illinois Enterprise Zone Act. A municipality, at the
3 time a redevelopment project area is designated, may adopt
4 tax increment allocation financing by passing an ordinance
5 providing that the ad valorem taxes, if any, arising from the
6 levies upon taxable real property in such redevelopment
7 project area by taxing districts and tax rates determined in
8 the manner provided in paragraph (c) of Section 11-74.4-9
9 each year after the effective date of the ordinance until
10 redevelopment project costs and all municipal obligations
11 financing redevelopment project costs incurred under this
12 Division have been paid shall be divided as follows:
13 (a) That portion of taxes levied upon each taxable lot,
14 block, tract or parcel of real property which is attributable
15 to the lower of the current equalized assessed value or the
16 initial equalized assessed value of each such taxable lot,
17 block, tract or parcel of real property in the redevelopment
18 project area shall be allocated to and when collected shall
19 be paid by the county collector to the respective affected
20 taxing districts in the manner required by law in the absence
21 of the adoption of tax increment allocation financing.
22 (b) That portion, if any, of such taxes which is
23 attributable to the increase in the current equalized
24 assessed valuation of each taxable lot, block, tract or
25 parcel of real property in the redevelopment project area
26 over and above the initial equalized assessed value of each
27 property in the project area shall be allocated to and when
28 collected shall be paid to the municipal treasurer who shall
29 deposit said taxes into a special fund called the special tax
30 allocation fund of the municipality for the purpose of paying
31 redevelopment project costs and obligations incurred in the
32 payment thereof. In any county with a population of 3,000,000
33 or more that has adopted a procedure for collecting taxes
34 that provides for one or more of the installments of the
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1 taxes to be billed and collected on an estimated basis, the
2 municipal treasurer shall be paid for deposit in the special
3 tax allocation fund of the municipality, from the taxes
4 collected from estimated bills issued for property in the
5 redevelopment project area, the difference between the amount
6 actually collected from each taxable lot, block, tract, or
7 parcel of real property within the redevelopment project area
8 and an amount determined by multiplying the rate at which
9 taxes were last extended against the taxable lot, block,
10 track, or parcel of real property in the manner provided in
11 subsection (c) of Section 11-74.4-9 by the initial equalized
12 assessed value of the property divided by the number of
13 installments in which real estate taxes are billed and
14 collected within the county, provided each of the following
15 conditions are met:
16 (1) The total equalized assessed value of the
17 redevelopment project area as last determined was not
18 less than 175% of the total initial equalized assessed
19 value.
20 (2) Not more than 50% of the total equalized
21 assessed value of the redevelopment project area as last
22 determined is attributable to a piece of property
23 assigned a single real estate index number.
24 (3) The municipal clerk has certified to the county
25 clerk that the municipality has issued its obligations to
26 which there has been pledged the incremental property
27 taxes of the redevelopment project area or taxes levied
28 and collected on any or all property in the municipality
29 or the full faith and credit of the municipality to pay
30 or secure payment for all or a portion of the
31 redevelopment project costs. The certification shall be
32 filed annually no later than September 1 for the
33 estimated taxes to be distributed in the following year;
34 however, for the year 1992 the certification shall be
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1 made at any time on or before March 31, 1992.
2 (4) The municipality has not requested that the
3 total initial equalized assessed value of real property
4 be adjusted as provided in subsection (b) of Section
5 11-74.4-9.
6 It is the intent of this Division that after the
7 effective date of this amendatory Act of 1988 a
8 municipality's own ad valorem tax arising from levies on
9 taxable real property be included in the determination of
10 incremental revenue in the manner provided in paragraph (c)
11 of Section 11-74.4-9. If the municipality does not extend
12 such a tax, it shall annually deposit in the municipality's
13 Special Tax Increment Fund an amount equal to 10% of the
14 total contributions to the fund from all other taxing
15 districts in that year. The annual 10% deposit required by
16 this paragraph shall be limited to the actual amount of
17 municipally produced incremental tax revenues available to
18 the municipality from taxpayers located in the redevelopment
19 project area in that year if: (a) the plan for the area
20 restricts the use of the property primarily to industrial
21 purposes, (b) the municipality establishing the redevelopment
22 project area is a home-rule community with a 1990 population
23 of between 25,000 and 50,000, (c) the municipality is wholly
24 located within a county with a 1990 population of over
25 750,000 and (d) the redevelopment project area was
26 established by the municipality prior to June 1, 1990. This
27 payment shall be in lieu of a contribution of ad valorem
28 taxes on real property. If no such payment is made, any
29 redevelopment project area of the municipality shall be
30 dissolved.
31 If a municipality has adopted tax increment allocation
32 financing by ordinance and the County Clerk thereafter
33 certifies the "total initial equalized assessed value as
34 adjusted" of the taxable real property within such
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1 redevelopment project area in the manner provided in
2 paragraph (b) of Section 11-74.4-9, each year after the date
3 of the certification of the total initial equalized assessed
4 value as adjusted until redevelopment project costs and all
5 municipal obligations financing redevelopment project costs
6 have been paid the ad valorem taxes, if any, arising from the
7 levies upon the taxable real property in such redevelopment
8 project area by taxing districts and tax rates determined in
9 the manner provided in paragraph (c) of Section 11-74.4-9
10 shall be divided as follows:
11 (1) That portion of the taxes levied upon each
12 taxable lot, block, tract or parcel of real property
13 which is attributable to the lower of the current
14 equalized assessed value or "current equalized assessed
15 value as adjusted" or the initial equalized assessed
16 value of each such taxable lot, block, tract, or parcel
17 of real property existing at the time tax increment
18 financing was adopted, minus the total current homestead
19 exemptions provided by Sections 15-167, 15-170, and
20 15-175 of the Property Tax Code in the redevelopment
21 project area shall be allocated to and when collected
22 shall be paid by the county collector to the respective
23 affected taxing districts in the manner required by law
24 in the absence of the adoption of tax increment
25 allocation financing.
26 (2) That portion, if any, of such taxes which is
27 attributable to the increase in the current equalized
28 assessed valuation of each taxable lot, block, tract, or
29 parcel of real property in the redevelopment project
30 area, over and above the initial equalized assessed value
31 of each property existing at the time tax increment
32 financing was adopted, minus the total current homestead
33 exemptions pertaining to each piece of property provided
34 by Sections 15-167, 15-170, and 15-175 of the Property
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1 Tax Code in the redevelopment project area, shall be
2 allocated to and when collected shall be paid to the
3 municipal Treasurer, who shall deposit said taxes into a
4 special fund called the special tax allocation fund of
5 the municipality for the purpose of paying redevelopment
6 project costs and obligations incurred in the payment
7 thereof.
8 The municipality may pledge in the ordinance the funds in
9 and to be deposited in the special tax allocation fund for
10 the payment of such costs and obligations. No part of the
11 current equalized assessed valuation of each property in the
12 redevelopment project area attributable to any increase above
13 the total initial equalized assessed value, or the total
14 initial equalized assessed value as adjusted, of such
15 properties shall be used in calculating the general State
16 school aid formula, provided for in Section 18-8 of the
17 School Code, until such time as all redevelopment project
18 costs have been paid as provided for in this Section.
19 Whenever a municipality issues bonds for the purpose of
20 financing redevelopment project costs, such municipality may
21 provide by ordinance for the appointment of a trustee, which
22 may be any trust company within the State, and for the
23 establishment of such funds or accounts to be maintained by
24 such trustee as the municipality shall deem necessary to
25 provide for the security and payment of the bonds. If such
26 municipality provides for the appointment of a trustee, such
27 trustee shall be considered the assignee of any payments
28 assigned by the municipality pursuant to such ordinance and
29 this Section. Any amounts paid to such trustee as assignee
30 shall be deposited in the funds or accounts established
31 pursuant to such trust agreement, and shall be held by such
32 trustee in trust for the benefit of the holders of the bonds,
33 and such holders shall have a lien on and a security interest
34 in such funds or accounts so long as the bonds remain
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1 outstanding and unpaid. Upon retirement of the bonds, the
2 trustee shall pay over any excess amounts held to the
3 municipality for deposit in the special tax allocation fund.
4 When such redevelopment projects costs, including without
5 limitation all municipal obligations financing redevelopment
6 project costs incurred under this Division, have been paid,
7 all surplus funds then remaining in the special tax
8 allocation fund shall be distributed by being paid by the
9 municipal treasurer to the Department of Revenue, the
10 municipality and the county collector; first to the
11 Department of Revenue and the municipality in direct
12 proportion to the tax incremental revenue received from the
13 State and the municipality, but not to exceed the total
14 incremental revenue received from the State or the
15 municipality less any annual surplus distribution of
16 incremental revenue previously made; with any remaining funds
17 to be paid to the County Collector who shall immediately
18 thereafter pay said funds to the taxing districts in the
19 redevelopment project area in the same manner and proportion
20 as the most recent distribution by the county collector to
21 the affected districts of real property taxes from real
22 property in the redevelopment project area.
23 Upon the payment of all redevelopment project costs,
24 retirement of obligations and the distribution of any excess
25 monies pursuant to this Section, the municipality shall adopt
26 an ordinance dissolving the special tax allocation fund for
27 the redevelopment project area and terminating the
28 designation of the redevelopment project area as a
29 redevelopment project area. If a municipality extends
30 estimated dates of completion of a redevelopment project and
31 retirement of obligations to finance a redevelopment project,
32 as allowed by this amendatory Act of 1993, that extension
33 shall not extend the property tax increment allocation
34 financing authorized by this Section. Thereafter the rates
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1 of the taxing districts shall be extended and taxes levied,
2 collected and distributed in the manner applicable in the
3 absence of the adoption of tax increment allocation
4 financing.
5 Nothing in this Section shall be construed as relieving
6 property in such redevelopment project areas from being
7 assessed as provided in the Property Tax Code or as relieving
8 owners of such property from paying a uniform rate of taxes,
9 as required by Section 4 of Article 9 of the Illinois
10 Constitution.
11 (Source: P.A. 90-258, eff. 7-30-97.)
12 (65 ILCS 5/11-74.4-9) (from Ch. 24, par. 11-74.4-9)
13 Sec. 11-74.4-9. Equalized assessed value of property.
14 (a) If a municipality by ordinance provides for tax
15 increment allocation financing pursuant to Section 11-74.4-8,
16 the county clerk immediately thereafter shall determine (1)
17 the most recently ascertained equalized assessed value of
18 each lot, block, tract or parcel of real property within such
19 redevelopment project area from which shall be deducted the
20 homestead exemptions provided by Sections 15-167, 15-170, and
21 15-175 of the Property Tax Code, which value shall be the
22 "initial equalized assessed value" of each such piece of
23 property, and (2) the total equalized assessed value of all
24 taxable real property within such redevelopment project area
25 by adding together the most recently ascertained equalized
26 assessed value of each taxable lot, block, tract, or parcel
27 of real property within such project area, from which shall
28 be deducted the homestead exemptions provided by Sections
29 15-167, 15-170, and 15-175 of the Property Tax Code, and
30 shall certify such amount as the "total initial equalized
31 assessed value" of the taxable real property within such
32 project area.
33 (b) In reference to any municipality which has adopted
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1 tax increment financing after January 1, 1978, and in respect
2 to which the county clerk has certified the "total initial
3 equalized assessed value" of the property in the
4 redevelopment area, the municipality may thereafter request
5 the clerk in writing to adjust the initial equalized value of
6 all taxable real property within the redevelopment project
7 area by deducting therefrom the exemptions provided for by
8 Sections 15-167, 15-170, and 15-175 of the Property Tax Code
9 applicable to each lot, block, tract or parcel of real
10 property within such redevelopment project area. The county
11 clerk shall immediately after the written request to adjust
12 the total initial equalized value is received determine the
13 total homestead exemptions in the redevelopment project area
14 provided by Sections 15-167, 15-170, and 15-175 of the
15 Property Tax Code by adding together the homestead exemptions
16 provided by said Sections on each lot, block, tract or parcel
17 of real property within such redevelopment project area and
18 then shall deduct the total of said exemptions from the total
19 initial equalized assessed value. The county clerk shall
20 then promptly certify such amount as the "total initial
21 equalized assessed value as adjusted" of the taxable real
22 property within such redevelopment project area.
23 (c) After the county clerk has certified the "total
24 initial equalized assessed value" of the taxable real
25 property in such area, then in respect to every taxing
26 district containing a redevelopment project area, the county
27 clerk or any other official required by law to ascertain the
28 amount of the equalized assessed value of all taxable
29 property within such district for the purpose of computing
30 the rate per cent of tax to be extended upon taxable property
31 within such district, shall in every year that tax increment
32 allocation financing is in effect ascertain the amount of
33 value of taxable property in a redevelopment project area by
34 including in such amount the lower of the current equalized
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1 assessed value or the certified "total initial equalized
2 assessed value" of all taxable real property in such area,
3 except that after he has certified the "total initial
4 equalized assessed value as adjusted" he shall in the year of
5 said certification if tax rates have not been extended and in
6 every year thereafter that tax increment allocation financing
7 is in effect ascertain the amount of value of taxable
8 property in a redevelopment project area by including in such
9 amount the lower of the current equalized assessed value or
10 the certified "total initial equalized assessed value as
11 adjusted" of all taxable real property in such area. The rate
12 per cent of tax determined shall be extended to the current
13 equalized assessed value of all property in the redevelopment
14 project area in the same manner as the rate per cent of tax
15 is extended to all other taxable property in the taxing
16 district. The method of extending taxes established under
17 this Section shall terminate when the municipality adopts an
18 ordinance dissolving the special tax allocation fund for the
19 redevelopment project area. This Division shall not be
20 construed as relieving property owners within a redevelopment
21 project area from paying a uniform rate of taxes upon the
22 current equalized assessed value of their taxable property as
23 provided in the Property Tax Code.
24 (Source: P.A. 88-670, eff. 12-2-94.)
25 (65 ILCS 5/11-74.6-40)
26 Sec. 11-74.6-40. Equalized assessed value determination;
27 property tax extension.
28 (a) If a municipality by ordinance provides for tax
29 increment allocation financing under Section 11-74.6-35, the
30 county clerk immediately thereafter:
31 (1) shall determine the initial equalized assessed
32 value of each parcel of real property in the
33 redevelopment project area, which is the most recently
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1 established equalized assessed value of each lot, block,
2 tract or parcel of taxable real property within the
3 redevelopment project area, minus the homestead
4 exemptions provided by Sections 15-167, 15-170, and
5 15-175 of the Property Tax Code; and
6 (2) shall certify to the municipality the total
7 initial equalized assessed value of all taxable real
8 property within the redevelopment project area.
9 (b) Any municipality that has established a vacant
10 industrial buildings conservation area may, by ordinance
11 passed after the adoption of tax increment allocation
12 financing, provide that the county clerk immediately
13 thereafter shall again determine:
14 (1) the updated initial equalized assessed value of
15 each lot, block, tract or parcel of real property, which
16 is the most recently ascertained equalized assessed value
17 of each lot, block, tract or parcel of real property
18 within the vacant industrial buildings conservation area;
19 and
20 (2) the total updated initial equalized assessed
21 value of all taxable real property within the
22 redevelopment project area, which is the total of the
23 updated initial equalized assessed value of all taxable
24 real property within the vacant industrial buildings
25 conservation area.
26 The county clerk shall certify to the municipality the
27 total updated initial equalized assessed value of all taxable
28 real property within the industrial buildings conservation
29 area.
30 (c) After the county clerk has certified the total
31 initial equalized assessed value or the total updated initial
32 equalized assessed value of the taxable real property in the
33 area, for each taxing district in which a redevelopment
34 project area is situated, the county clerk or any other
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1 official required by law to determine the amount of the
2 equalized assessed value of all taxable property within the
3 district for the purpose of computing the percentage rate of
4 tax to be extended upon taxable property within the district,
5 shall in every year that tax increment allocation financing
6 is in effect determine the total equalized assessed value of
7 taxable property in a redevelopment project area by including
8 in that amount the lower of the current equalized assessed
9 value or the certified total initial equalized assessed value
10 or, if the total of updated equalized assessed value has been
11 certified, the total updated initial equalized assessed value
12 of all taxable real property in the redevelopment project
13 area. After he has certified the total initial equalized
14 assessed value he shall in the year of that certification, if
15 tax rates have not been extended, and in every subsequent
16 year that tax increment allocation financing is in effect,
17 determine the amount of equalized assessed value of taxable
18 property in a redevelopment project area by including in that
19 amount the lower of the current total equalized assessed
20 value or the certified total initial equalized assessed value
21 or, if the total of updated initial equalized assessed values
22 have been certified, the total updated initial equalized
23 assessed value of all taxable real property in the
24 redevelopment project area.
25 (d) The percentage rate of tax determined shall be
26 extended on the current equalized assessed value of all
27 property in the redevelopment project area in the same manner
28 as the rate per cent of tax is extended to all other taxable
29 property in the taxing district. The method of extending
30 taxes established under this Section shall terminate when the
31 municipality adopts an ordinance dissolving the special tax
32 allocation fund for the redevelopment project area. This Law
33 shall not be construed as relieving property owners within a
34 redevelopment project area from paying a uniform rate of
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1 taxes upon the current equalized assessed value of their
2 taxable property as provided in the Property Tax Code.
3 (Source: P.A. 88-537; 88-670, eff. 12-2-94.)
4 Section 30. The Economic Development Project Area Tax
5 Increment Allocation Act of 1995 is amended by changing
6 Section 45 as follows:
7 (65 ILCS 110/45)
8 Sec. 45. Filing with county clerk; certification of
9 initial equalized assessed value.
10 (a) A municipality that has by ordinance approved an
11 economic development plan, established an economic
12 development project area, and adopted tax increment
13 allocation financing for that area shall file certified
14 copies of the ordinance or ordinances with the county clerk.
15 Upon receiving the ordinance or ordinances, the county clerk
16 shall immediately determine (i) the most recently ascertained
17 equalized assessed value of each lot, block, tract, or parcel
18 of real property within the economic development project area
19 from which shall be deducted the homestead exemptions
20 provided by Sections 15-167, 15-170, and 15-175 of the
21 Property Tax Code (that value being the "initial equalized
22 assessed value" of each such piece of property) and (ii) the
23 total equalized assessed value of all taxable real property
24 within the economic development project area by adding
25 together the most recently ascertained equalized assessed
26 value of each taxable lot, block, tract, or parcel of real
27 property within the economic development project area, from
28 which shall be deducted the homestead exemptions provided by
29 Sections 15-167, 15-170, and 15-175 of the Property Tax Code,
30 and shall certify that amount as the "total initial equalized
31 assessed value" of the taxable real property within the
32 economic development project area.
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1 (b) After the county clerk has certified the "total
2 initial equalized assessed value" of the taxable real
3 property in the economic development project area, then in
4 respect to every taxing district containing an economic
5 development project area, the county clerk or any other
6 official required by law to ascertain the amount of the
7 equalized assessed value of all taxable property within the
8 taxing district for the purpose of computing the rate per
9 cent of tax to be extended upon taxable property within the
10 taxing district shall, in every year that tax increment
11 allocation financing is in effect, ascertain the amount of
12 value of taxable property in an economic development project
13 area by including in that amount the lower of the current
14 equalized assessed value or the certified "total initial
15 equalized assessed value" of all taxable real property in the
16 area. The rate per cent of tax determined shall be extended
17 to the current equalized assessed value of all property in
18 the economic development project area in the same manner as
19 the rate per cent of tax is extended to all other taxable
20 property in the taxing district. The method of extending
21 taxes established under this Section shall terminate when the
22 municipality adopts an ordinance dissolving the special tax
23 allocation fund for the economic development project area.
24 This Act shall not be construed as relieving owners or
25 lessees of property within an economic development project
26 area from paying a uniform rate of taxes upon the current
27 equalized assessed value of their taxable property as
28 provided in the Property Tax Code.
29 (Source: P.A. 89-176, eff. 1-1-96.)
30 Section 35. The Criminal Code of 1961 is amended by
31 changing Section 17A-1 as follows:
32 (720 ILCS 5/17A-1) (from Ch. 38, par. 17A-1)
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1 Sec. 17A-1. Persons under deportation order; ineligible
2 for benefits. An individual against whom a United States
3 Immigration Judge has issued an order of deportation which
4 has been affirmed by the Board of Immigration Review, as well
5 as an individual who appeals such an order pending appeal,
6 under paragraph 19 of Section 241(a) of the Immigration and
7 Nationality Act relating to persecution of others on account
8 of race, religion, national origin or political opinion under
9 the direction of or in association with the Nazi government
10 of Germany or its allies, shall be ineligible for the
11 following benefits authorized by State law:
12 (a) The homestead exemptions exemption and homestead
13 improvement exemption under Sections 15-167, 15-170, 15-175,
14 and 15-180 of the Property Tax Code.
15 (b) Grants under the Senior Citizens and Disabled
16 Persons Property Tax Relief and Pharmaceutical Assistance
17 Act.
18 (c) The double income tax exemption conferred upon
19 persons 65 years of age or older by Section 204 of the
20 Illinois Income Tax Act.
21 (d) Grants provided by the Department on Aging.
22 (e) Reductions in vehicle registration fees under
23 Section 3-806.3 of the Illinois Vehicle Code.
24 (f) Free fishing and reduced fishing license fees under
25 Sections 20-5 and 20-40 of the Fish and Aquatic Life Code.
26 (g) Tuition free courses for senior citizens under the
27 Senior Citizen Courses Act.
28 (h) Any benefits under the Illinois Public Aid Code.
29 (Source: P.A. 87-895; 88-670, eff. 12-2-94.)
30 Section 90. The State Mandates Act is amended by adding
31 Section 8.23 as follows:
32 (30 ILCS 805/8.23 new)
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1 Sec. 8.23. Exempt mandate. Notwithstanding Sections 6
2 and 8 of this Act, no reimbursement by the State is required
3 for the implementation of any mandate created by this
4 amendatory Act of the 91st General Assembly.
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1 INDEX
2 Statutes amended in order of appearance
3 20 ILCS 620/6 from Ch. 67 1/2, par. 1006
4 35 ILCS 200/14-15
5 35 ILCS 200/15-10
6 35 ILCS 200/15-167 new
7 55 ILCS 85/6 from Ch. 34, par. 7006
8 55 ILCS 90/45 from Ch. 34, par. 8045
9 65 ILCS 5/11-74.4-8 from Ch. 24, par. 11-74.4-8
10 65 ILCS 5/11-74.4-9 from Ch. 24, par. 11-74.4-9
11 65 ILCS 5/11-74.6-40
12 65 ILCS 110/45
13 720 ILCS 5/17A-1 from Ch. 38, par. 17A-1
14 30 ILCS 805/8.23 new