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92_SB1535 LRB9211051EGfg 1 AN ACT in relation to the Metropolitan Water Reclamation 2 District. 3 Be it enacted by the People of the State of Illinois, 4 represented in the General Assembly: 5 Section 5. The Property Tax Code is amended by changing 6 Section 18-185 as follows: 7 (35 ILCS 200/18-185) 8 Sec. 18-185. Short title; definitions. This Division 5 9 may be cited as the Property Tax Extension Limitation Law. 10 As used in this Division 5: 11 "Consumer Price Index" means the Consumer Price Index for 12 All Urban Consumers for all items published by the United 13 States Department of Labor. 14 "Extension limitation" means (a) the lesser of 5% or the 15 percentage increase in the Consumer Price Index during the 16 12-month calendar year preceding the levy year or (b) the 17 rate of increase approved by voters under Section 18-205. 18 "Affected county" means a county of 3,000,000 or more 19 inhabitants or a county contiguous to a county of 3,000,000 20 or more inhabitants. 21 "Taxing district" has the same meaning provided in 22 Section 1-150, except as otherwise provided in this Section. 23 For the 1991 through 1994 levy years only, "taxing district" 24 includes only each non-home rule taxing district having the 25 majority of its 1990 equalized assessed value within any 26 county or counties contiguous to a county with 3,000,000 or 27 more inhabitants. Beginning with the 1995 levy year, "taxing 28 district" includes only each non-home rule taxing district 29 subject to this Law before the 1995 levy year and each 30 non-home rule taxing district not subject to this Law before 31 the 1995 levy year having the majority of its 1994 equalized -2- LRB9211051EGfg 1 assessed value in an affected county or counties. Beginning 2 with the levy year in which this Law becomes applicable to a 3 taxing district as provided in Section 18-213, "taxing 4 district" also includes those taxing districts made subject 5 to this Law as provided in Section 18-213. 6 "Aggregate extension" for taxing districts to which this 7 Law applied before the 1995 levy year means the annual 8 corporate extension for the taxing district and those special 9 purpose extensions that are made annually for the taxing 10 district, excluding special purpose extensions: (a) made for 11 the taxing district to pay interest or principal on general 12 obligation bonds that were approved by referendum; (b) made 13 for any taxing district to pay interest or principal on 14 general obligation bonds issued before October 1, 1991; (c) 15 made for any taxing district to pay interest or principal on 16 bonds issued to refund or continue to refund those bonds 17 issued before October 1, 1991; (d) made for any taxing 18 district to pay interest or principal on bonds issued to 19 refund or continue to refund bonds issued after October 1, 20 1991 that were approved by referendum; (e) made for any 21 taxing district to pay interest or principal on revenue bonds 22 issued before October 1, 1991 for payment of which a property 23 tax levy or the full faith and credit of the unit of local 24 government is pledged; however, a tax for the payment of 25 interest or principal on those bonds shall be made only after 26 the governing body of the unit of local government finds that 27 all other sources for payment are insufficient to make those 28 payments; (f) made for payments under a building commission 29 lease when the lease payments are for the retirement of bonds 30 issued by the commission before October 1, 1991, to pay for 31 the building project; (g) made for payments due under 32 installment contracts entered into before October 1, 1991; 33 (h) made for payments of principal and interest on bonds 34 issued under the Metropolitan Water Reclamation District Act -3- LRB9211051EGfg 1 to finance construction projects initiated before October 1, 2 1991; (i) made for payments of principal and interest on 3 limited bonds, as defined in Section 3 of the Local 4 Government Debt Reform Act, in an amount not to exceed the 5 debt service extension base less the amount in items (b), 6 (c), (e), and (h) of this definition for non-referendum 7 obligations, except obligations initially issued pursuant to 8 referendum; (j) made for payments of principal and interest 9 on bonds issued under Section 15 of the Local Government Debt 10 Reform Act; and (k) made by a school district that 11 participates in the Special Education District of Lake 12 County, created by special education joint agreement under 13 Section 10-22.31 of the School Code, for payment of the 14 school district's share of the amounts required to be 15 contributed by the Special Education District of Lake County 16 to the Illinois Municipal Retirement Fund under Article 7 of 17 the Illinois Pension Code; the amount of any extension under 18 this item (k) shall be certified by the school district to 19 the county clerk. 20 "Aggregate extension" for the taxing districts to which 21 this Law did not apply before the 1995 levy year (except 22 taxing districts subject to this Law in accordance with 23 Section 18-213) means the annual corporate extension for the 24 taxing district and those special purpose extensions that are 25 made annually for the taxing district, excluding special 26 purpose extensions: (a) made for the taxing district to pay 27 interest or principal on general obligation bonds that were 28 approved by referendum; (b) made for any taxing district to 29 pay interest or principal on general obligation bonds issued 30 before March 1, 1995; (c) made for any taxing district to pay 31 interest or principal on bonds issued to refund or continue 32 to refund those bonds issued before March 1, 1995; (d) made 33 for any taxing district to pay interest or principal on bonds 34 issued to refund or continue to refund bonds issued after -4- LRB9211051EGfg 1 March 1, 1995 that were approved by referendum; (e) made for 2 any taxing district to pay interest or principal on revenue 3 bonds issued before March 1, 1995 for payment of which a 4 property tax levy or the full faith and credit of the unit of 5 local government is pledged; however, a tax for the payment 6 of interest or principal on those bonds shall be made only 7 after the governing body of the unit of local government 8 finds that all other sources for payment are insufficient to 9 make those payments; (f) made for payments under a building 10 commission lease when the lease payments are for the 11 retirement of bonds issued by the commission before March 1, 12 1995 to pay for the building project; (g) made for payments 13 due under installment contracts entered into before March 1, 14 1995; (h) made for payments of principal and interest on 15 bonds issued under the Metropolitan Water Reclamation 16 District Act to finance construction projects initiated 17 before October 1, 1991; (h-5) made by the Metropolitan Water 18 Reclamation District of Greater Chicago under Section 12 of 19 the Metropolitan Water Reclamation District Act for the 20 purpose of providing funds for staffing, services, materials, 21 and equipment to secure and safeguard sewers, sewage 22 treatment plants, and appurtenances thereto; (i) made for 23 payments of principal and interest on limited bonds, as 24 defined in Section 3 of the Local Government Debt Reform Act, 25 in an amount not to exceed the debt service extension base 26 less the amount in items (b), (c), and (e) of this definition 27 for non-referendum obligations, except obligations initially 28 issued pursuant to referendum and bonds described in 29 subsection (h) of this definition; (j) made for payments of 30 principal and interest on bonds issued under Section 15 of 31 the Local Government Debt Reform Act; (k) made for payments 32 of principal and interest on bonds authorized by Public Act 33 88-503 and issued under Section 20a of the Chicago Park 34 District Act for aquarium or museum projects; and (l) made -5- LRB9211051EGfg 1 for payments of principal and interest on bonds authorized by 2 Public Act 87-1191 and issued under Section 42 of the Cook 3 County Forest Preserve District Act for zoological park 4 projects. 5 "Aggregate extension" for all taxing districts to which 6 this Law applies in accordance with Section 18-213, except 7 for those taxing districts subject to paragraph (2) of 8 subsection (e) of Section 18-213, means the annual corporate 9 extension for the taxing district and those special purpose 10 extensions that are made annually for the taxing district, 11 excluding special purpose extensions: (a) made for the taxing 12 district to pay interest or principal on general obligation 13 bonds that were approved by referendum; (b) made for any 14 taxing district to pay interest or principal on general 15 obligation bonds issued before the date on which the 16 referendum making this Law applicable to the taxing district 17 is held; (c) made for any taxing district to pay interest or 18 principal on bonds issued to refund or continue to refund 19 those bonds issued before the date on which the referendum 20 making this Law applicable to the taxing district is held; 21 (d) made for any taxing district to pay interest or principal 22 on bonds issued to refund or continue to refund bonds issued 23 after the date on which the referendum making this Law 24 applicable to the taxing district is held if the bonds were 25 approved by referendum after the date on which the referendum 26 making this Law applicable to the taxing district is held; 27 (e) made for any taxing district to pay interest or principal 28 on revenue bonds issued before the date on which the 29 referendum making this Law applicable to the taxing district 30 is held for payment of which a property tax levy or the full 31 faith and credit of the unit of local government is pledged; 32 however, a tax for the payment of interest or principal on 33 those bonds shall be made only after the governing body of 34 the unit of local government finds that all other sources for -6- LRB9211051EGfg 1 payment are insufficient to make those payments; (f) made for 2 payments under a building commission lease when the lease 3 payments are for the retirement of bonds issued by the 4 commission before the date on which the referendum making 5 this Law applicable to the taxing district is held to pay for 6 the building project; (g) made for payments due under 7 installment contracts entered into before the date on which 8 the referendum making this Law applicable to the taxing 9 district is held; (h) made for payments of principal and 10 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; (i) made for payments of principal and interest 16 on bonds issued under Section 15 of the Local Government Debt 17 Reform Act; and (j) made for a qualified airport authority to 18 pay interest or principal on general obligation bonds issued 19 for the purpose of paying obligations due under, or financing 20 airport facilities required to be acquired, constructed, 21 installed or equipped pursuant to, contracts entered into 22 before March 1, 1996 (but not including any amendments to 23 such a contract taking effect on or after that date). 24 "Aggregate extension" for all taxing districts to which 25 this Law applies in accordance with paragraph (2) of 26 subsection (e) of Section 18-213 means the annual corporate 27 extension for the taxing district and those special purpose 28 extensions that are made annually for the taxing district, 29 excluding special purpose extensions: (a) made for the taxing 30 district to pay interest or principal on general obligation 31 bonds that were approved by referendum; (b) made for any 32 taxing district to pay interest or principal on general 33 obligation bonds issued before the effective date of this 34 amendatory Act of 1997; (c) made for any taxing district to -7- LRB9211051EGfg 1 pay interest or principal on bonds issued to refund or 2 continue to refund those bonds issued before the effective 3 date of this amendatory Act of 1997; (d) made for any taxing 4 district to pay interest or principal on bonds issued to 5 refund or continue to refund bonds issued after the effective 6 date of this amendatory Act of 1997 if the bonds were 7 approved by referendum after the effective date of this 8 amendatory Act of 1997; (e) made for any taxing district to 9 pay interest or principal on revenue bonds issued before the 10 effective date of this amendatory Act of 1997 for payment of 11 which a property tax levy or the full faith and credit of the 12 unit of local government is pledged; however, a tax for the 13 payment of interest or principal on those bonds shall be made 14 only after the governing body of the unit of local government 15 finds that all other sources for payment are insufficient to 16 make those payments; (f) made for payments under a building 17 commission lease when the lease payments are for the 18 retirement of bonds issued by the commission before the 19 effective date of this amendatory Act of 1997 to pay for the 20 building project; (g) made for payments due under installment 21 contracts entered into before the effective date of this 22 amendatory Act of 1997; (h) made for payments of principal 23 and interest on limited bonds, as defined in Section 3 of the 24 Local Government Debt Reform Act, in an amount not to exceed 25 the debt service extension base less the amount in items (b), 26 (c), and (e) of this definition for non-referendum 27 obligations, except obligations initially issued pursuant to 28 referendum; (i) made for payments of principal and interest 29 on bonds issued under Section 15 of the Local Government Debt 30 Reform Act; and (j) made for a qualified airport authority to 31 pay interest or principal on general obligation bonds issued 32 for the purpose of paying obligations due under, or financing 33 airport facilities required to be acquired, constructed, 34 installed or equipped pursuant to, contracts entered into -8- LRB9211051EGfg 1 before March 1, 1996 (but not including any amendments to 2 such a contract taking effect on or after that date). 3 "Debt service extension base" means an amount equal to 4 that portion of the extension for a taxing district for the 5 1994 levy year, or for those taxing districts subject to this 6 Law in accordance with Section 18-213, except for those 7 subject to paragraph (2) of subsection (e) of Section 18-213, 8 for the levy year in which the referendum making this Law 9 applicable to the taxing district is held, or for those 10 taxing districts subject to this Law in accordance with 11 paragraph (2) of subsection (e) of Section 18-213 for the 12 1996 levy year, constituting an extension for payment of 13 principal and interest on bonds issued by the taxing district 14 without referendum, but not including (i) bonds authorized by 15 Public Act 88-503 and issued under Section 20a of the Chicago 16 Park District Act for aquarium and museum projects; (ii) 17 bonds issued under Section 15 of the Local Government Debt 18 Reform Act; or (iii) refunding obligations issued to refund 19 or to continue to refund obligations initially issued 20 pursuant to referendum. The debt service extension base may 21 be established or increased as provided under Section 18-212. 22 "Special purpose extensions" include, but are not limited 23 to, extensions for levies made on an annual basis for 24 unemployment and workers' compensation, self-insurance, 25 contributions to pension plans, and extensions made pursuant 26 to Section 6-601 of the Illinois Highway Code for a road 27 district's permanent road fund whether levied annually or 28 not. The extension for a special service area is not 29 included in the aggregate extension. 30 "Aggregate extension base" means the taxing district's 31 last preceding aggregate extension as adjusted under Sections 32 18-215 through 18-230. 33 "Levy year" has the same meaning as "year" under Section 34 1-155. -9- LRB9211051EGfg 1 "New property" means (i) the assessed value, after final 2 board of review or board of appeals action, of new 3 improvements or additions to existing improvements on any 4 parcel of real property that increase the assessed value of 5 that real property during the levy year multiplied by the 6 equalization factor issued by the Department under Section 7 17-30 and (ii) the assessed value, after final board of 8 review or board of appeals action, of real property not 9 exempt from real estate taxation, which real property was 10 exempt from real estate taxation for any portion of the 11 immediately preceding levy year, multiplied by the 12 equalization factor issued by the Department under Section 13 17-30. In addition, the county clerk in a county containing 14 a population of 3,000,000 or more shall include in the 1997 15 recovered tax increment value for any school district, any 16 recovered tax increment value that was applicable to the 1995 17 tax year calculations. 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, except as 23 otherwise provided in this paragraph, the amount of the 24 current year's equalized assessed value, in the first year 25 after a municipality terminates the designation of an area as 26 a redevelopment project area previously established under the 27 Tax Increment Allocation Development Act in the Illinois 28 Municipal Code, previously established under the Industrial 29 Jobs Recovery Law in the Illinois Municipal Code, or 30 previously established under the Economic Development Area 31 Tax Increment Allocation Act, of each taxable lot, block, 32 tract, or parcel of real property in the redevelopment 33 project area over and above the initial equalized assessed 34 value of each property in the redevelopment project area. -10- LRB9211051EGfg 1 For the taxes which are extended for the 1997 levy year, the 2 recovered tax increment value for a non-home rule taxing 3 district that first became subject to this Law for the 1995 4 levy year because a majority of its 1994 equalized assessed 5 value was in an affected county or counties shall be 6 increased if a municipality terminated the designation of an 7 area in 1993 as a redevelopment project area previously 8 established under the Tax Increment Allocation Development 9 Act in the Illinois Municipal Code, previously established 10 under the Industrial Jobs Recovery Law in the Illinois 11 Municipal Code, or previously established under the Economic 12 Development Area Tax Increment Allocation Act, by an amount 13 equal to the 1994 equalized assessed value of each taxable 14 lot, block, tract, or parcel of real property in the 15 redevelopment project area over and above the initial 16 equalized assessed value of each property in the 17 redevelopment project area. In the first year after a 18 municipality removes a taxable lot, block, tract, or parcel 19 of real property from a redevelopment project area 20 established under the Tax Increment Allocation Development 21 Act in the Illinois Municipal Code, the Industrial Jobs 22 Recovery Law in the Illinois Municipal Code, or the Economic 23 Development Area Tax Increment Allocation Act, "recovered tax 24 increment value" means the amount of the current year's 25 equalized assessed value of each taxable lot, block, tract, 26 or parcel of real property removed from the redevelopment 27 project area over and above the initial equalized assessed 28 value of that real property before removal from the 29 redevelopment project area. 30 Except as otherwise provided in this Section, "limiting 31 rate" means a fraction the numerator of which is the last 32 preceding aggregate extension base times an amount equal to 33 one plus the extension limitation defined in this Section and 34 the denominator of which is the current year's equalized -11- LRB9211051EGfg 1 assessed value of all real property in the territory under 2 the jurisdiction of the taxing district during the prior levy 3 year. For those taxing districts that reduced their 4 aggregate extension for the last preceding levy year, the 5 highest aggregate extension in any of the last 3 preceding 6 levy years shall be used for the purpose of computing the 7 limiting rate. The denominator shall not include new 8 property. The denominator shall not include the recovered 9 tax increment value. 10 (Source: P.A. 90-485, eff. 1-1-98; 90-511, eff. 8-22-97; 11 90-568, eff. 1-1-99; 90-616, eff. 7-10-98; 90-655, eff. 12 7-30-98; 91-357, eff. 7-29-99; 91-478, eff. 11-1-99.) 13 Section 10. The Metropolitan Water Reclamation District 14 Act is amended by changing Section 12 as follows: 15 (70 ILCS 2605/12) (from Ch. 42, par. 332) 16 Sec. 12. The board of commissioners annually may levy 17 taxes for corporate purposes upon property within the 18 territorial limits of such sanitary district, the aggregate 19 amount of which, exclusive of the amount levied for (a) the 20 payment of bonded indebtedness and the interest on bonded 21 indebtedness (b) employees' annuity and benefit purposes (c) 22 construction purposes, and (d) for the purpose of 23 establishing and maintaining a reserve fund for the payment 24 of claims, awards, losses, judgments or liabilities which 25 might be imposed on such sanitary district under the Workers' 26 Compensation Act or the Workers' Occupational Diseases Act, 27 and any claim in tort, including but not limited to, any 28 claim imposed upon such sanitary district under the Local 29 Governmental and Governmental Employees Tort Immunity Act, 30 and for the repair or replacement of any property owned by 31 such sanitary district which is damaged by fire, flood, 32 explosion, vandalism or any other peril, natural or manmade, -12- LRB9211051EGfg 1 shall not exceed the sum produced by extending the rate of 2 .46% for the year 1979 and each year thereafter, upon the 3 assessed valuation of all taxable property within the 4 sanitary district as equalized and determined for State and 5 local taxes. 6 In addition, for the purpose of providing funds for 7 staffing, services, materials, and equipment to secure and 8 safeguard sewers, sewage treatment plants, and appurtenances 9 thereto, the board of commissioners may levy a tax at a rate 10 not to exceed 0.0025% of the assessed valuation of all 11 taxable property within the district as equalized and 12 determined for State and local taxes. This tax may be levied 13 only through calendar year 2005. 14AndIn addition thereto, for construction purposes as 15 defined in Section 5.2 of this Act, the board of 16 commissioners may levy taxes for the year 1985 and each year 17 thereafter which shall be at a rate not to exceed .10% of the 18 assessed valuation of all taxable property within the 19 sanitary district as equalized and determined for State and 20 local taxes. Amounts realized from taxes so levied for 21 construction purposes shall be limited for use to such 22 purposes and shall not be available for appropriation or used 23 to defray the cost of repairs to or expense of maintaining or 24 operating existing or future facilities, but such 25 restrictions, however, shall not apply to additions, 26 alterations, enlargements, and replacements which will add 27 appreciably to the value, utility, or the useful life of said 28 facilities. 29 Such rates shall be extended against the assessed 30 valuation of the taxable property within the corporate limits 31 as the same shall be assessed and equalized for the county 32 taxes for the year in which the levy is made and said board 33 shall cause the amount to be raised by taxation in each year 34 to be certified to the county clerk on or before the -13- LRB9211051EGfg 1 thirtieth day of March; provided, however, that if during the 2 budget year the General Assembly authorizes an increase in 3 such rates, the board of commissioners may adopt a 4 supplemental levy and shall make such certification to the 5 County Clerk on or before the thirtieth day of December. 6 For the purpose of establishing and maintaining a reserve 7 fund for the payment of claims, awards, losses, judgments or 8 liabilities which might be imposed on such sanitary district 9 under the Workers' Compensation Act or the Workers' 10 Occupational Diseases Act, and any claim in tort, including 11 but not limited to, any claim imposed upon such sanitary 12 district under the Local Governmental and Governmental 13 Employees Tort Immunity Act, and for the repair or 14 replacement, where the cost thereof exceeds the sum of 15 $10,000, of any property owned by such sanitary district 16 which is damaged by fire, flood, explosion, vandalism or any 17 other peril, natural or man-made, such sanitary district may 18 also levy annually upon all taxable property within its 19 territorial limits a tax not to exceed .005% of the assessed 20 valuation of said taxable property as equalized and 21 determined for State and local taxes; provided, however, the 22 aggregate amount which may be accumulated in such reserve 23 fund shall not exceed .05% of such assessed valuation. 24 All taxes so levied and certified shall be collected and 25 enforced in the same manner and by the same officers as State 26 and county taxes, and shall be paid over by the officer 27 collecting the same to the treasurer of the sanitary 28 district, in the manner and at the time provided by the 29 general revenue law. No part of the taxes hereby authorized 30 shall be used by such sanitary district for the construction 31 of permanent, fixed, immovable bridges across any channel 32 constructed under the provisions of this Act. All bridges 33 built across such channel shall not necessarily interfere 34 with or obstruct the navigation of such channel, when the -14- LRB9211051EGfg 1 same becomes a navigable stream, as provided in Section 24 of 2 this Act, but such bridges shall be so constructed that they 3 can be raised, swung or moved out of the way of vessels, 4 tugs, boats or other water craft navigating such channel. 5 Nothing in this Act shall be so construed as to compel said 6 district to maintain or operate said bridges, as movable 7 bridges, for a period of 9 years from and after the time when 8 the water has been turned into said channel pursuant to law, 9 unless the needs of general navigation of the Des Plaines and 10 Illinois Rivers, when connected by said channel, sooner 11 require it. In levying taxes the board of commissioners, in 12 order to produce the net amount required by the levies for 13 payment of bonds and interest thereon, shall include an 14 amount or rate estimated to be sufficient to cover losses in 15 collection of taxes, the cost of collecting taxes, abatements 16 in the amount of such taxes as extended on the collector's 17 books and the amount of such taxes collection of which will 18 be deferred; the amount so added for the purpose of producing 19 the net amount required shall not exceed any applicable 20 maximum tax rate or amount. 21 (Source: P.A. 84-630.) 22 Section 99. Effective date. This Act takes effect upon 23 becoming law.