Bill Amendment: IL SB0851 | 2017-2018 | 100th General Assembly
NOTE: For additional amemendments please see the Bill Drafting List
Bill Title: LIBRARIES-FINANCIAL REPORTS
Status: 2019-01-09 - Session Sine Die [SB0851 Detail]
Download: Illinois-2017-SB0851-House_Amendment_002.html
Bill Title: LIBRARIES-FINANCIAL REPORTS
Status: 2019-01-09 - Session Sine Die [SB0851 Detail]
Download: Illinois-2017-SB0851-House_Amendment_002.html
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1 | AMENDMENT TO SENATE BILL 851
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2 | AMENDMENT NO. ______. Amend Senate Bill 851 by replacing | ||||||
3 | everything after the enacting clause with the following:
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4 | "Section 5. The Property Tax Code is amended by changing | ||||||
5 | Sections 15-170, 15-175, 18-185, 18-205, 18-213, and 18-214 and | ||||||
6 | by adding Sections 18-213.1 and 18-242 as follows:
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7 | (35 ILCS 200/15-170) | ||||||
8 | Sec. 15-170. Senior citizens homestead exemption. An | ||||||
9 | annual homestead
exemption limited, except as described here | ||||||
10 | with relation to cooperatives or
life care facilities, to a
| ||||||
11 | maximum reduction set forth below from the property's value, as | ||||||
12 | equalized or
assessed by the Department, is granted for | ||||||
13 | property that is occupied as a
residence by a person 65 years | ||||||
14 | of age or older who is liable for paying real
estate taxes on | ||||||
15 | the property and is an owner of record of the property or has a
| ||||||
16 | legal or equitable interest therein as evidenced by a written |
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1 | instrument,
except for a leasehold interest, other than a | ||||||
2 | leasehold interest of land on
which a single family residence | ||||||
3 | is located, which is occupied as a residence by
a person 65 | ||||||
4 | years or older who has an ownership interest therein, legal,
| ||||||
5 | equitable or as a lessee, and on which he or she is liable for | ||||||
6 | the payment
of property taxes. Before taxable year 2004, the | ||||||
7 | maximum reduction shall be $2,500 in counties with
3,000,000 or | ||||||
8 | more inhabitants and $2,000 in all other counties. For taxable | ||||||
9 | years 2004 through 2005, the maximum reduction shall be $3,000 | ||||||
10 | in all counties. For taxable years 2006 and 2007, the maximum | ||||||
11 | reduction shall be $3,500. For taxable years 2008 through 2011, | ||||||
12 | the maximum reduction is $4,000 in all counties.
For taxable | ||||||
13 | year 2012, the maximum reduction is $5,000 in counties with
| ||||||
14 | 3,000,000 or more inhabitants and $4,000 in all other counties. | ||||||
15 | For taxable years 2013 through 2016, the maximum reduction is | ||||||
16 | $5,000 in all counties. For taxable year years 2017 and | ||||||
17 | thereafter , the maximum reduction is $8,000 in counties with | ||||||
18 | 3,000,000 or more inhabitants and $5,000 in all other counties. | ||||||
19 | For taxable years 2018 and thereafter, the maximum reduction is | ||||||
20 | $8,000 in all counties. | ||||||
21 | For land
improved with an apartment building owned and | ||||||
22 | operated as a cooperative, the maximum reduction from the value | ||||||
23 | of the property, as
equalized
by the Department, shall be | ||||||
24 | multiplied by the number of apartments or units
occupied by a | ||||||
25 | person 65 years of age or older who is liable, by contract with
| ||||||
26 | the owner or owners of record, for paying property taxes on the |
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| |||||||
1 | property and
is an owner of record of a legal or equitable | ||||||
2 | interest in the cooperative
apartment building, other than a | ||||||
3 | leasehold interest. For land improved with
a life care | ||||||
4 | facility, the maximum reduction from the value of the property, | ||||||
5 | as
equalized by the Department, shall be multiplied by the | ||||||
6 | number of apartments or
units occupied by persons 65 years of | ||||||
7 | age or older, irrespective of any legal,
equitable, or | ||||||
8 | leasehold interest in the facility, who are liable, under a
| ||||||
9 | contract with the owner or owners of record of the facility, | ||||||
10 | for paying
property taxes on the property. In a
cooperative or | ||||||
11 | a life care facility where a
homestead exemption has been | ||||||
12 | granted, the cooperative association or the
management firm of | ||||||
13 | the cooperative or facility shall credit the savings
resulting | ||||||
14 | from that exemption only to
the apportioned tax liability of | ||||||
15 | the owner or resident who qualified for
the exemption.
Any | ||||||
16 | person who willfully refuses to so credit the savings shall be | ||||||
17 | guilty of a
Class B misdemeanor. Under this Section and | ||||||
18 | Sections 15-175, 15-176, and 15-177, "life care
facility" means | ||||||
19 | a facility, as defined in Section 2 of the Life Care Facilities
| ||||||
20 | Act, with which the applicant for the homestead exemption has a | ||||||
21 | life care
contract as defined in that Act. | ||||||
22 | When a homestead exemption has been granted under this | ||||||
23 | Section and the person
qualifying subsequently becomes a | ||||||
24 | resident of a facility licensed under the Assisted Living and | ||||||
25 | Shared Housing Act, the Nursing Home Care Act, the Specialized | ||||||
26 | Mental Health Rehabilitation Act of 2013, the ID/DD Community |
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| |||||||
1 | Care Act, or the MC/DD Act, the exemption shall continue so | ||||||
2 | long as the residence
continues to be occupied by the | ||||||
3 | qualifying person's spouse if the spouse is 65
years of age or | ||||||
4 | older, or if the residence remains unoccupied but is still
| ||||||
5 | owned by the person qualified for the homestead exemption. | ||||||
6 | A person who will be 65 years of age
during the current | ||||||
7 | assessment year
shall
be eligible to apply for the homestead | ||||||
8 | exemption during that assessment
year.
Application shall be | ||||||
9 | made during the application period in effect for the
county of | ||||||
10 | his residence. | ||||||
11 | Beginning with assessment year 2003, for taxes payable in | ||||||
12 | 2004,
property
that is first occupied as a residence after | ||||||
13 | January 1 of any assessment year by
a person who is eligible | ||||||
14 | for the senior citizens homestead exemption under this
Section | ||||||
15 | must be granted a pro-rata exemption for the assessment year. | ||||||
16 | The
amount of the pro-rata exemption is the exemption
allowed | ||||||
17 | in the county under this Section divided by 365 and multiplied | ||||||
18 | by the
number of days during the assessment year the property | ||||||
19 | is occupied as a
residence by a
person eligible for the | ||||||
20 | exemption under this Section. The chief county
assessment | ||||||
21 | officer must adopt reasonable procedures to establish | ||||||
22 | eligibility
for this pro-rata exemption. | ||||||
23 | The assessor or chief county assessment officer may | ||||||
24 | determine the eligibility
of a life care facility to receive | ||||||
25 | the benefits provided by this Section, by
affidavit, | ||||||
26 | application, visual inspection, questionnaire or other |
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| |||||||
1 | reasonable
methods in order to insure that the tax savings | ||||||
2 | resulting from the exemption
are credited by the management | ||||||
3 | firm to the apportioned tax liability of each
qualifying | ||||||
4 | resident. The assessor may request reasonable proof that the
| ||||||
5 | management firm has so credited the exemption. | ||||||
6 | The chief county assessment officer of each county with | ||||||
7 | less than 3,000,000
inhabitants shall provide to each person | ||||||
8 | allowed a homestead exemption under
this Section a form to | ||||||
9 | designate any other person to receive a
duplicate of any notice | ||||||
10 | of delinquency in the payment of taxes assessed and
levied | ||||||
11 | under this Code on the property of the person receiving the | ||||||
12 | exemption.
The duplicate notice shall be in addition to the | ||||||
13 | notice required to be
provided to the person receiving the | ||||||
14 | exemption, and shall be given in the
manner required by this | ||||||
15 | Code. The person filing the request for the duplicate
notice | ||||||
16 | shall pay a fee of $5 to cover administrative costs to the | ||||||
17 | supervisor of
assessments, who shall then file the executed | ||||||
18 | designation with the county
collector. Notwithstanding any | ||||||
19 | other provision of this Code to the contrary,
the filing of | ||||||
20 | such an executed designation requires the county collector to
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21 | provide duplicate notices as indicated by the designation. A | ||||||
22 | designation may
be rescinded by the person who executed such | ||||||
23 | designation at any time, in the
manner and form required by the | ||||||
24 | chief county assessment officer. | ||||||
25 | The assessor or chief county assessment officer may | ||||||
26 | determine the
eligibility of residential property to receive |
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1 | the homestead exemption provided
by this Section by | ||||||
2 | application, visual inspection, questionnaire or other
| ||||||
3 | reasonable methods. The determination shall be made in | ||||||
4 | accordance with
guidelines established by the Department. | ||||||
5 | In counties with 3,000,000 or more inhabitants, beginning | ||||||
6 | in taxable year 2010, each taxpayer who has been granted an | ||||||
7 | exemption under this Section must reapply on an annual basis. | ||||||
8 | The chief county assessment officer shall mail the application | ||||||
9 | to the taxpayer. In counties with less than 3,000,000 | ||||||
10 | inhabitants, the county board may by
resolution provide that if | ||||||
11 | a person has been granted a homestead exemption
under this | ||||||
12 | Section, the person qualifying need not reapply for the | ||||||
13 | exemption. | ||||||
14 | In counties with less than 3,000,000 inhabitants, if the | ||||||
15 | assessor or chief
county assessment officer requires annual | ||||||
16 | application for verification of
eligibility for an exemption | ||||||
17 | once granted under this Section, the application
shall be | ||||||
18 | mailed to the taxpayer. | ||||||
19 | The assessor or chief county assessment officer shall | ||||||
20 | notify each person
who qualifies for an exemption under this | ||||||
21 | Section that the person may also
qualify for deferral of real | ||||||
22 | estate taxes under the Senior Citizens Real Estate
Tax Deferral | ||||||
23 | Act. The notice shall set forth the qualifications needed for
| ||||||
24 | deferral of real estate taxes, the address and telephone number | ||||||
25 | of
county collector, and a
statement that applications for | ||||||
26 | deferral of real estate taxes may be obtained
from the county |
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| |||||||
1 | collector. | ||||||
2 | Notwithstanding Sections 6 and 8 of the State Mandates Act, | ||||||
3 | no
reimbursement by the State is required for the | ||||||
4 | implementation of any mandate
created by this Section. | ||||||
5 | (Source: P.A. 99-180, eff. 7-29-15; 100-401, eff. 8-25-17.)
| ||||||
6 | (35 ILCS 200/15-175)
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7 | Sec. 15-175. General homestead exemption. | ||||||
8 | (a) Except as provided in Sections 15-176 and 15-177, | ||||||
9 | homestead
property is
entitled to an annual homestead exemption | ||||||
10 | limited, except as described here
with relation to | ||||||
11 | cooperatives, to a reduction in the equalized assessed value
of | ||||||
12 | homestead property equal to the increase in equalized assessed | ||||||
13 | value for the
current assessment year above the equalized | ||||||
14 | assessed value of the property for
1977, up to the maximum | ||||||
15 | reduction set forth below. If however, the 1977
equalized | ||||||
16 | assessed value upon which taxes were paid is subsequently | ||||||
17 | determined
by local assessing officials, the Property Tax | ||||||
18 | Appeal Board, or a court to have
been excessive, the equalized | ||||||
19 | assessed value which should have been placed on
the property | ||||||
20 | for 1977 shall be used to determine the amount of the | ||||||
21 | exemption.
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22 | (b) Except as provided in Section 15-176, the maximum | ||||||
23 | reduction before taxable year 2004 shall be
$4,500 in counties | ||||||
24 | with 3,000,000 or more
inhabitants
and $3,500 in all other | ||||||
25 | counties. Except as provided in Sections 15-176 and 15-177, for |
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1 | taxable years 2004 through 2007, the maximum reduction shall be | ||||||
2 | $5,000, for taxable year 2008, the maximum reduction is $5,500, | ||||||
3 | and, for taxable years 2009 through 2011, the maximum reduction | ||||||
4 | is $6,000 in all counties. For taxable years 2012 through 2016, | ||||||
5 | the maximum reduction is $7,000 in counties with 3,000,000 or | ||||||
6 | more
inhabitants
and $6,000 in all other counties. For taxable | ||||||
7 | year years 2017 and thereafter , the maximum reduction is | ||||||
8 | $10,000 in counties with 3,000,000 or more inhabitants and | ||||||
9 | $6,000 in all other counties. For taxable years 2018 and | ||||||
10 | thereafter, the maximum reduction is $10,000 in all counties. | ||||||
11 | If a county has elected to subject itself to the provisions of | ||||||
12 | Section 15-176 as provided in subsection (k) of that Section, | ||||||
13 | then, for the first taxable year only after the provisions of | ||||||
14 | Section 15-176 no longer apply, for owners who, for the taxable | ||||||
15 | year, have not been granted a senior citizens assessment freeze | ||||||
16 | homestead exemption under Section 15-172 or a long-time | ||||||
17 | occupant homestead exemption under Section 15-177, there shall | ||||||
18 | be an additional exemption of $5,000 for owners with a | ||||||
19 | household income of $30,000 or less.
| ||||||
20 | (c) In counties with fewer than 3,000,000 inhabitants, if, | ||||||
21 | based on the most
recent assessment, the equalized assessed | ||||||
22 | value of
the homestead property for the current assessment year | ||||||
23 | is greater than the
equalized assessed value of the property | ||||||
24 | for 1977, the owner of the property
shall automatically receive | ||||||
25 | the exemption granted under this Section in an
amount equal to | ||||||
26 | the increase over the 1977 assessment up to the maximum
|
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| |||||||
1 | reduction set forth in this Section.
| ||||||
2 | (d) If in any assessment year beginning with the 2000 | ||||||
3 | assessment year,
homestead property has a pro-rata valuation | ||||||
4 | under
Section 9-180 resulting in an increase in the assessed | ||||||
5 | valuation, a reduction
in equalized assessed valuation equal to | ||||||
6 | the increase in equalized assessed
value of the property for | ||||||
7 | the year of the pro-rata valuation above the
equalized assessed | ||||||
8 | value of the property for 1977 shall be applied to the
property | ||||||
9 | on a proportionate basis for the period the property qualified | ||||||
10 | as
homestead property during the assessment year. The maximum | ||||||
11 | proportionate
homestead exemption shall not exceed the maximum | ||||||
12 | homestead exemption allowed in
the county under this Section | ||||||
13 | divided by 365 and multiplied by the number of
days the | ||||||
14 | property qualified as homestead property.
| ||||||
15 | (d-1) In counties with 3,000,000 or more inhabitants, where | ||||||
16 | the chief county assessment officer provides a notice of | ||||||
17 | discovery, if a property is not
occupied by its owner as a | ||||||
18 | principal residence as of January 1 of the current tax year, | ||||||
19 | then the property owner shall notify the chief county | ||||||
20 | assessment officer of that fact on a form prescribed by the | ||||||
21 | chief county assessment officer. That notice must be received | ||||||
22 | by the chief county assessment officer on or before March 1 of | ||||||
23 | the collection year. If mailed, the form shall be sent by | ||||||
24 | certified mail, return receipt requested. If the form is | ||||||
25 | provided in person, the chief county assessment officer shall | ||||||
26 | provide a date stamped copy of the notice. Failure to provide |
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| |||||||
1 | timely notice pursuant to this subsection (d-1) shall result in | ||||||
2 | the exemption being treated as an erroneous exemption. Upon | ||||||
3 | timely receipt of the notice for the current tax year, no | ||||||
4 | exemption shall be applied to the property for the current tax | ||||||
5 | year. If the exemption is not removed upon timely receipt of | ||||||
6 | the notice by the chief assessment officer, then the error is | ||||||
7 | considered granted as a result of a clerical error or omission | ||||||
8 | on the part of the chief county assessment officer as described | ||||||
9 | in subsection (h) of Section 9-275, and the property owner | ||||||
10 | shall not be liable for the payment of interest and penalties | ||||||
11 | due to the erroneous exemption for the current tax year for | ||||||
12 | which the notice was filed after the date that notice was | ||||||
13 | timely received pursuant to this subsection. Notice provided | ||||||
14 | under this subsection shall not constitute a defense or amnesty | ||||||
15 | for prior year erroneous exemptions. | ||||||
16 | For the purposes of this subsection (d-1): | ||||||
17 | "Collection year" means the year in which the first and | ||||||
18 | second installment of the current tax year is billed. | ||||||
19 | "Current tax year" means the year prior to the collection | ||||||
20 | year. | ||||||
21 | (e) The chief county assessment officer may, when | ||||||
22 | considering whether to grant a leasehold exemption under this | ||||||
23 | Section, require the following conditions to be met: | ||||||
24 | (1) that a notarized application for the exemption, | ||||||
25 | signed by both the owner and the lessee of the property, | ||||||
26 | must be submitted each year during the application period |
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| |||||||
1 | in effect for the county in which the property is located; | ||||||
2 | (2) that a copy of the lease must be filed with the | ||||||
3 | chief county assessment officer by the owner of the | ||||||
4 | property at the time the notarized application is | ||||||
5 | submitted; | ||||||
6 | (3) that the lease must expressly state that the lessee | ||||||
7 | is liable for the payment of property taxes; and | ||||||
8 | (4) that the lease must include the following language | ||||||
9 | in substantially the following form: | ||||||
10 | "Lessee shall be liable for the payment of real | ||||||
11 | estate taxes with respect to the residence in | ||||||
12 | accordance with the terms and conditions of Section | ||||||
13 | 15-175 of the Property Tax Code (35 ILCS 200/15-175). | ||||||
14 | The permanent real estate index number for the premises | ||||||
15 | is (insert number), and, according to the most recent | ||||||
16 | property tax bill, the current amount of real estate | ||||||
17 | taxes associated with the premises is (insert amount) | ||||||
18 | per year. The parties agree that the monthly rent set | ||||||
19 | forth above shall be increased or decreased pro rata | ||||||
20 | (effective January 1 of each calendar year) to reflect | ||||||
21 | any increase or decrease in real estate taxes. Lessee | ||||||
22 | shall be deemed to be satisfying Lessee's liability for | ||||||
23 | the above mentioned real estate taxes with the monthly | ||||||
24 | rent payments as set forth above (or increased or | ||||||
25 | decreased as set forth herein).". | ||||||
26 | In addition, if there is a change in lessee, or if the |
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1 | lessee vacates the property, then the chief county assessment | ||||||
2 | officer may require the owner of the property to notify the | ||||||
3 | chief county assessment officer of that change. | ||||||
4 | This subsection (e) does not apply to leasehold interests | ||||||
5 | in property owned by a municipality. | ||||||
6 | (f) "Homestead property" under this Section includes | ||||||
7 | residential property that is
occupied by its owner or owners as | ||||||
8 | his or their principal dwelling place, or
that is a leasehold | ||||||
9 | interest on which a single family residence is situated,
which | ||||||
10 | is occupied as a residence by a person who has an ownership | ||||||
11 | interest
therein, legal or equitable or as a lessee, and on | ||||||
12 | which the person is
liable for the payment of property taxes. | ||||||
13 | For land improved with
an apartment building owned and operated | ||||||
14 | as a cooperative or a building which
is a life care facility as | ||||||
15 | defined in Section 15-170 and considered to
be a cooperative | ||||||
16 | under Section 15-170, the maximum reduction from the equalized
| ||||||
17 | assessed value shall be limited to the increase in the value | ||||||
18 | above the
equalized assessed value of the property for 1977, up | ||||||
19 | to
the maximum reduction set forth above, multiplied by the | ||||||
20 | number of apartments
or units occupied by a person or persons | ||||||
21 | who is liable, by contract with the
owner or owners of record, | ||||||
22 | for paying property taxes on the property and is an
owner of | ||||||
23 | record of a legal or equitable interest in the cooperative
| ||||||
24 | apartment building, other than a leasehold interest. For | ||||||
25 | purposes of this
Section, the term "life care facility" has the | ||||||
26 | meaning stated in Section
15-170.
|
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| |||||||
1 | "Household", as used in this Section,
means the owner, the | ||||||
2 | spouse of the owner, and all persons using
the
residence of the | ||||||
3 | owner as their principal place of residence.
| ||||||
4 | "Household income", as used in this Section,
means the | ||||||
5 | combined income of the members of a household
for the calendar | ||||||
6 | year preceding the taxable year.
| ||||||
7 | "Income", as used in this Section,
has the same meaning as | ||||||
8 | provided in Section 3.07 of the Senior
Citizens
and Persons | ||||||
9 | with Disabilities Property Tax Relief Act,
except that
"income" | ||||||
10 | does not include veteran's benefits.
| ||||||
11 | (g) In a cooperative where a homestead exemption has been | ||||||
12 | granted, the
cooperative association or its management firm | ||||||
13 | shall credit the savings
resulting from that exemption only to | ||||||
14 | the apportioned tax liability of the
owner who qualified for | ||||||
15 | the exemption. Any person who willfully refuses to so
credit | ||||||
16 | the savings shall be guilty of a Class B misdemeanor.
| ||||||
17 | (h) Where married persons maintain and reside in separate | ||||||
18 | residences qualifying
as homestead property, each residence | ||||||
19 | shall receive 50% of the total reduction
in equalized assessed | ||||||
20 | valuation provided by this Section.
| ||||||
21 | (i) In all counties, the assessor
or chief county | ||||||
22 | assessment officer may determine the
eligibility of | ||||||
23 | residential property to receive the homestead exemption and the | ||||||
24 | amount of the exemption by
application, visual inspection, | ||||||
25 | questionnaire or other reasonable methods. The
determination | ||||||
26 | shall be made in accordance with guidelines established by the
|
| |||||||
| |||||||
1 | Department, provided that the taxpayer applying for an | ||||||
2 | additional general exemption under this Section shall submit to | ||||||
3 | the chief county assessment officer an application with an | ||||||
4 | affidavit of the applicant's total household income, age, | ||||||
5 | marital status (and, if married, the name and address of the | ||||||
6 | applicant's spouse, if known), and principal dwelling place of | ||||||
7 | members of the household on January 1 of the taxable year. The | ||||||
8 | Department shall issue guidelines establishing a method for | ||||||
9 | verifying the accuracy of the affidavits filed by applicants | ||||||
10 | under this paragraph. The applications shall be clearly marked | ||||||
11 | as applications for the Additional General Homestead | ||||||
12 | Exemption.
| ||||||
13 | (i-5) This subsection (i-5) applies to counties with | ||||||
14 | 3,000,000 or more inhabitants. In the event of a sale of
| ||||||
15 | homestead property, the homestead exemption shall remain in | ||||||
16 | effect for the remainder of the assessment year of the sale. | ||||||
17 | Upon receipt of a transfer declaration transmitted by the | ||||||
18 | recorder pursuant to Section 31-30 of the Real Estate Transfer | ||||||
19 | Tax Law for property receiving an exemption under this Section, | ||||||
20 | the assessor shall mail a notice and forms to the new owner of | ||||||
21 | the property providing information pertaining to the rules and | ||||||
22 | applicable filing periods for applying or reapplying for | ||||||
23 | homestead exemptions under this Code for which the property may | ||||||
24 | be eligible. If the new owner fails to apply or reapply for a | ||||||
25 | homestead exemption during the applicable filing period or the | ||||||
26 | property no longer qualifies for an existing homestead |
| |||||||
| |||||||
1 | exemption, the assessor shall cancel such exemption for any | ||||||
2 | ensuing assessment year. | ||||||
3 | (j) In counties with fewer than 3,000,000 inhabitants, in | ||||||
4 | the event of a sale
of
homestead property the homestead | ||||||
5 | exemption shall remain in effect for the
remainder of the | ||||||
6 | assessment year of the sale. The assessor or chief county
| ||||||
7 | assessment officer may require the new
owner of the property to | ||||||
8 | apply for the homestead exemption for the following
assessment | ||||||
9 | year.
| ||||||
10 | (k) Notwithstanding Sections 6 and 8 of the State Mandates | ||||||
11 | Act, no reimbursement by the State is required for the | ||||||
12 | implementation of any mandate created by this Section.
| ||||||
13 | (Source: P.A. 99-143, eff. 7-27-15; 99-164, eff. 7-28-15; | ||||||
14 | 99-642, eff. 7-28-16; 99-851, eff. 8-19-16; 100-401, eff. | ||||||
15 | 8-25-17.)
| ||||||
16 | (35 ILCS 200/18-185)
| ||||||
17 | Sec. 18-185. Short title; definitions. This Division 5 may | ||||||
18 | be cited as the
Property Tax Extension Limitation Law. As used | ||||||
19 | in this Division 5:
| ||||||
20 | "Consumer Price Index" means the Consumer Price Index for | ||||||
21 | All Urban
Consumers for all items published by the United | ||||||
22 | States Department of Labor.
| ||||||
23 | "Extension limitation" , except as otherwise provided in | ||||||
24 | this paragraph, means (a) the lesser of 5% or the percentage | ||||||
25 | increase
in the Consumer Price Index during the 12-month |
| |||||||
| |||||||
1 | calendar year preceding the
levy year or (b) the rate of | ||||||
2 | increase approved by voters under Section 18-205.
For levy | ||||||
3 | years 2017 and 2018 only, for taxing districts with a majority | ||||||
4 | of their equalized assessed value in Cook, Lake, McHenry, Kane, | ||||||
5 | DuPage, or Will County, other than qualified school districts, | ||||||
6 | "extension limitation" means 0% or the rate of increase | ||||||
7 | approved by the voters under Section 18-205. For levy years | ||||||
8 | 2018 and 2019, for taxing districts with a majority of their | ||||||
9 | equalized assessed value in a county that elects to be subject | ||||||
10 | to a property tax freeze under Section 18-213.1, other than | ||||||
11 | qualified school districts, "extension limitation" means 0% or | ||||||
12 | the rate of increase approved by the voters under Section | ||||||
13 | 18-205. For levy years 2017 through 2019, for taxing districts | ||||||
14 | that are subject to a 0% extension limitation in the applicable | ||||||
15 | levy year, if amounts extended (i) for the payment of | ||||||
16 | principal, interest, premium, and related fees and expenses on | ||||||
17 | bonds or other evidences of indebtedness issued by the taxing | ||||||
18 | district or (ii) for contributions to a pension fund created | ||||||
19 | under the Illinois Pension Code are required to be included in | ||||||
20 | the district's aggregate extension, then the extension | ||||||
21 | limitation for those amounts for levy years 2017 through 2019 | ||||||
22 | shall be (1) the lesser of 5% or the percentage increase
in the | ||||||
23 | Consumer Price Index during the 12-month calendar year | ||||||
24 | preceding the
levy year or (2) the rate of increase approved by | ||||||
25 | voters under Section 18-205.
| ||||||
26 | "Affected county" means a county of 3,000,000 or more |
| |||||||
| |||||||
1 | inhabitants or a
county contiguous to a county of 3,000,000 or | ||||||
2 | more inhabitants.
| ||||||
3 | "Taxing district" has the same meaning provided in Section | ||||||
4 | 1-150, except as
otherwise provided in this Section. For the | ||||||
5 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||
6 | only each non-home rule taxing district having the
majority of | ||||||
7 | its
1990 equalized assessed value within any county or counties | ||||||
8 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||
9 | Beginning with the 1995 levy
year, "taxing district" includes | ||||||
10 | only each non-home rule taxing district
subject to this Law | ||||||
11 | before the 1995 levy year and each non-home rule
taxing | ||||||
12 | district not subject to this Law before the 1995 levy year | ||||||
13 | having the
majority of its 1994 equalized assessed value in an | ||||||
14 | affected county or
counties. Beginning with the levy year in
| ||||||
15 | which this Law becomes applicable to a taxing district as
| ||||||
16 | provided in Section 18-213, "taxing district" also includes | ||||||
17 | those taxing
districts made subject to this Law as provided in | ||||||
18 | Section 18-213.
For levy years 2017 and 2018, "taxing district" | ||||||
19 | also includes home rule units with a majority of their | ||||||
20 | equalized assessed value in Cook, Lake, McHenry, Kane, DuPage, | ||||||
21 | or Will County and non-home rule units with a majority of their | ||||||
22 | equalized assessed value in Cook, Lake, McHenry, Kane, DuPage, | ||||||
23 | or Will County that would not otherwise be subject to this Law. | ||||||
24 | For levy years 2018 and 2019, "taxing district" also includes | ||||||
25 | home rule units and non-home rule units with all or the | ||||||
26 | greatest portion of their equalized assessed value in a county |
| |||||||
| |||||||
1 | that elects to be subject to a property tax freeze under | ||||||
2 | Section 18-213.1. However, for levy years 2017 through 2019, | ||||||
3 | "taxing district" does not include a school district that (i) | ||||||
4 | has been designated as a qualified school district for the | ||||||
5 | applicable levy year and (ii) was not subject to this Law in | ||||||
6 | the 2016 levy year.
| ||||||
7 | "Aggregate extension" for taxing districts to which this | ||||||
8 | Law applied before
the 1995 levy year means the annual | ||||||
9 | corporate extension for the taxing
district and those special | ||||||
10 | purpose extensions that are made annually for
the taxing | ||||||
11 | district, excluding special purpose extensions: (a) made for | ||||||
12 | the
taxing district to pay interest or principal on general | ||||||
13 | obligation bonds
that were approved by referendum; (b) made for | ||||||
14 | any taxing district to pay
interest or principal on general | ||||||
15 | obligation bonds issued before October 1,
1991; (c) made for | ||||||
16 | any taxing district to pay interest or principal on bonds
| ||||||
17 | issued to refund or continue to refund those bonds issued | ||||||
18 | before October 1,
1991; (d)
made for any taxing district to pay | ||||||
19 | interest or principal on bonds
issued to refund or continue to | ||||||
20 | refund bonds issued after October 1, 1991 that
were approved by | ||||||
21 | referendum; (e)
made for any taxing district to pay interest
or | ||||||
22 | principal on revenue bonds issued before October 1, 1991 for | ||||||
23 | payment of
which a property tax levy or the full faith and | ||||||
24 | credit of the unit of local
government is pledged; however, a | ||||||
25 | tax for the payment of interest or principal
on those bonds | ||||||
26 | shall be made only after the governing body of the unit of |
| |||||||
| |||||||
1 | local
government finds that all other sources for payment are | ||||||
2 | insufficient to make
those payments; (f) made for payments | ||||||
3 | under a building commission lease when
the lease payments are | ||||||
4 | for the retirement of bonds issued by the commission
before | ||||||
5 | October 1, 1991, to pay for the building project; (g) made for | ||||||
6 | payments
due under installment contracts entered into before | ||||||
7 | October 1, 1991;
(h) made for payments of principal and | ||||||
8 | interest on bonds issued under the
Metropolitan Water | ||||||
9 | Reclamation District Act to finance construction projects
| ||||||
10 | initiated before October 1, 1991; (i) made for payments of | ||||||
11 | principal and
interest on limited bonds, as defined in Section | ||||||
12 | 3 of the Local Government Debt
Reform Act, in an amount not to | ||||||
13 | exceed the debt service extension base less
the amount in items | ||||||
14 | (b), (c), (e), and (h) of this definition for
non-referendum | ||||||
15 | obligations, except obligations initially issued pursuant to
| ||||||
16 | referendum; (j) made for payments of principal and interest on | ||||||
17 | bonds
issued under Section 15 of the Local Government Debt | ||||||
18 | Reform Act; (k)
made
by a school district that participates in | ||||||
19 | the Special Education District of
Lake County, created by | ||||||
20 | special education joint agreement under Section
10-22.31 of the | ||||||
21 | School Code, for payment of the school district's share of the
| ||||||
22 | amounts required to be contributed by the Special Education | ||||||
23 | District of Lake
County to the Illinois Municipal Retirement | ||||||
24 | Fund under Article 7 of the
Illinois Pension Code; the amount | ||||||
25 | of any extension under this item (k) shall be
certified by the | ||||||
26 | school district to the county clerk; (l) made to fund
expenses |
| |||||||
| |||||||
1 | of providing joint recreational programs for persons with | ||||||
2 | disabilities under
Section 5-8 of
the
Park District Code or | ||||||
3 | Section 11-95-14 of the Illinois Municipal Code; (m) made for | ||||||
4 | temporary relocation loan repayment purposes pursuant to | ||||||
5 | Sections 2-3.77 and 17-2.2d of the School Code; (n) made for | ||||||
6 | payment of principal and interest on any bonds issued under the | ||||||
7 | authority of Section 17-2.2d of the School Code; (o) made for | ||||||
8 | contributions to a firefighter's pension fund created under | ||||||
9 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
10 | amount certified under item (5) of Section 4-134 of the | ||||||
11 | Illinois Pension Code; and (p) made for road purposes in the | ||||||
12 | first year after a township assumes the rights, powers, duties, | ||||||
13 | assets, property, liabilities, obligations, and
| ||||||
14 | responsibilities of a road district abolished under the | ||||||
15 | provisions of Section 6-133 of the Illinois Highway Code.
For | ||||||
16 | levy years 2017 through 2019, this definition of "aggregate | ||||||
17 | extension" applies to each taxing district that was subject to | ||||||
18 | this definition of "aggregate extension" for the 2016 levy | ||||||
19 | year.
| ||||||
20 | "Aggregate extension" for the taxing districts to which | ||||||
21 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
22 | districts subject to this Law
in
accordance with Section | ||||||
23 | 18-213) means the annual corporate extension for the
taxing | ||||||
24 | district and those special purpose extensions that are made | ||||||
25 | annually for
the taxing district, excluding special purpose | ||||||
26 | extensions: (a) made for the
taxing district to pay interest or |
| |||||||
| |||||||
1 | principal on general obligation bonds that
were approved by | ||||||
2 | referendum; (b) made for any taxing district to pay interest
or | ||||||
3 | principal on general obligation bonds issued before March 1, | ||||||
4 | 1995; (c) made
for any taxing district to pay interest or | ||||||
5 | principal on bonds issued to refund
or continue to refund those | ||||||
6 | bonds issued before March 1, 1995; (d) made for any
taxing | ||||||
7 | district to pay interest or principal on bonds issued to refund | ||||||
8 | or
continue to refund bonds issued after March 1, 1995 that | ||||||
9 | were approved by
referendum; (e) made for any taxing district | ||||||
10 | to pay interest or principal on
revenue bonds issued before | ||||||
11 | March 1, 1995 for payment of which a property tax
levy or the | ||||||
12 | full faith and credit of the unit of local government is | ||||||
13 | pledged;
however, a tax for the payment of interest or | ||||||
14 | principal on those bonds shall be
made only after the governing | ||||||
15 | body of the unit of local government finds that
all other | ||||||
16 | sources for payment are insufficient to make those payments; | ||||||
17 | (f) made
for payments under a building commission lease when | ||||||
18 | the lease payments are for
the retirement of bonds issued by | ||||||
19 | the commission before March 1, 1995 to
pay for the building | ||||||
20 | project; (g) made for payments due under installment
contracts | ||||||
21 | entered into before March 1, 1995; (h) made for payments of
| ||||||
22 | principal and interest on bonds issued under the Metropolitan | ||||||
23 | Water Reclamation
District Act to finance construction | ||||||
24 | projects initiated before October 1,
1991; (h-4) made for | ||||||
25 | stormwater management purposes by the Metropolitan Water | ||||||
26 | Reclamation District of Greater Chicago under Section 12 of the |
| |||||||
| |||||||
1 | Metropolitan Water Reclamation District Act; (i) made for | ||||||
2 | payments of principal and interest on limited bonds,
as defined | ||||||
3 | in Section 3 of the Local Government Debt Reform Act, in an | ||||||
4 | amount
not to exceed the debt service extension base less the | ||||||
5 | amount in items (b),
(c), and (e) of this definition for | ||||||
6 | non-referendum obligations, except
obligations initially | ||||||
7 | issued pursuant to referendum and bonds described in
subsection | ||||||
8 | (h) of this definition; (j) made for payments of
principal and | ||||||
9 | interest on bonds issued under Section 15 of the Local | ||||||
10 | Government
Debt Reform Act; (k) made for payments of principal | ||||||
11 | and interest on bonds
authorized by Public Act 88-503 and | ||||||
12 | issued under Section 20a of the Chicago
Park District Act for | ||||||
13 | aquarium or
museum projects; (l) made for payments of principal | ||||||
14 | and interest on
bonds
authorized by Public Act 87-1191 or | ||||||
15 | 93-601 and (i) issued pursuant to Section 21.2 of the Cook | ||||||
16 | County Forest
Preserve District Act, (ii) issued under Section | ||||||
17 | 42 of the Cook County
Forest Preserve District Act for | ||||||
18 | zoological park projects, or (iii) issued
under Section 44.1 of | ||||||
19 | the Cook County Forest Preserve District Act for
botanical | ||||||
20 | gardens projects; (m) made
pursuant
to Section 34-53.5 of the | ||||||
21 | School Code, whether levied annually or not;
(n) made to fund | ||||||
22 | expenses of providing joint recreational programs for persons | ||||||
23 | with disabilities under Section 5-8 of the Park
District Code | ||||||
24 | or Section 11-95-14 of the Illinois Municipal Code;
(o) made by | ||||||
25 | the
Chicago Park
District for recreational programs for persons | ||||||
26 | with disabilities under subsection (c) of
Section
7.06 of the |
| |||||||
| |||||||
1 | Chicago Park District Act; (p) made for contributions to a | ||||||
2 | firefighter's pension fund created under Article 4 of the | ||||||
3 | Illinois Pension Code, to the extent of the amount certified | ||||||
4 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
5 | (q) made by Ford Heights School District 169 under Section | ||||||
6 | 17-9.02 of the School Code; and (r) made for the purpose of | ||||||
7 | making employer contributions to the Public School Teachers' | ||||||
8 | Pension and Retirement Fund of Chicago under Section 34-53 of | ||||||
9 | the School Code.
For levy years 2017 through 2019, this | ||||||
10 | definition of "aggregate extension" applies to each taxing | ||||||
11 | district that was subject to this definition of "aggregate | ||||||
12 | extension" for the 2016 levy year.
| ||||||
13 | "Aggregate extension" for all taxing districts to which | ||||||
14 | this Law applies in
accordance with Section 18-213, except for | ||||||
15 | those taxing districts subject to
paragraph (2) of subsection | ||||||
16 | (e) of Section 18-213, means the annual corporate
extension for | ||||||
17 | the
taxing district and those special purpose extensions that | ||||||
18 | are made annually for
the taxing district, excluding special | ||||||
19 | purpose extensions: (a) made for the
taxing district to pay | ||||||
20 | interest or principal on general obligation bonds that
were | ||||||
21 | approved by referendum; (b) made for any taxing district to pay | ||||||
22 | interest
or principal on general obligation bonds issued before | ||||||
23 | the date on which the
referendum making this
Law applicable to | ||||||
24 | the taxing district is held; (c) made
for any taxing district | ||||||
25 | to pay interest or principal on bonds issued to refund
or | ||||||
26 | continue to refund those bonds issued before the date on which |
| |||||||
| |||||||
1 | the
referendum making this Law
applicable to the taxing | ||||||
2 | district is held;
(d) made for any
taxing district to pay | ||||||
3 | interest or principal on bonds issued to refund or
continue to | ||||||
4 | refund bonds issued after the date on which the referendum | ||||||
5 | making
this Law
applicable to the taxing district is held if | ||||||
6 | the bonds were approved by
referendum after the date on which | ||||||
7 | the referendum making this Law
applicable to the taxing | ||||||
8 | district is held; (e) made for any
taxing district to pay | ||||||
9 | interest or principal on
revenue bonds issued before the date | ||||||
10 | on which the referendum making this Law
applicable to the
| ||||||
11 | taxing district is held for payment of which a property tax
| ||||||
12 | levy or the full faith and credit of the unit of local | ||||||
13 | government is pledged;
however, a tax for the payment of | ||||||
14 | interest or principal on those bonds shall be
made only after | ||||||
15 | the governing body of the unit of local government finds that
| ||||||
16 | all other sources for payment are insufficient to make those | ||||||
17 | payments; (f) made
for payments under a building commission | ||||||
18 | lease when the lease payments are for
the retirement of bonds | ||||||
19 | issued by the commission before the date on which the
| ||||||
20 | referendum making this
Law applicable to the taxing district is | ||||||
21 | held to
pay for the building project; (g) made for payments due | ||||||
22 | under installment
contracts entered into before the date on | ||||||
23 | which the referendum making this Law
applicable to
the taxing | ||||||
24 | district is held;
(h) made for payments
of principal and | ||||||
25 | interest on limited bonds,
as defined in Section 3 of the Local | ||||||
26 | Government Debt Reform Act, in an amount
not to exceed the debt |
| |||||||
| |||||||
1 | service extension base less the amount in items (b),
(c), and | ||||||
2 | (e) of this definition for non-referendum obligations, except
| ||||||
3 | obligations initially issued pursuant to referendum; (i) made | ||||||
4 | for payments
of
principal and interest on bonds issued under | ||||||
5 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
6 | for a qualified airport authority to pay interest or principal | ||||||
7 | on
general obligation bonds issued for the purpose of paying | ||||||
8 | obligations due
under, or financing airport facilities | ||||||
9 | required to be acquired, constructed,
installed or equipped | ||||||
10 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
11 | not including any amendments to such a contract taking effect | ||||||
12 | on
or after that date); (k) made to fund expenses of providing | ||||||
13 | joint
recreational programs for persons with disabilities | ||||||
14 | under Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
15 | of the Illinois Municipal Code; (l) made for contributions to a | ||||||
16 | firefighter's pension fund created under Article 4 of the | ||||||
17 | Illinois Pension Code, to the extent of the amount certified | ||||||
18 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
19 | and (m) made for the taxing district to pay interest or | ||||||
20 | principal on general obligation bonds issued pursuant to | ||||||
21 | Section 19-3.10 of the School Code.
For levy years 2017 through | ||||||
22 | 2019, this definition of "aggregate extension" applies to each | ||||||
23 | taxing district that was subject to this definition of | ||||||
24 | "aggregate extension" for the 2016 levy year.
| ||||||
25 | "Aggregate extension" for all taxing districts to which | ||||||
26 | this Law applies in
accordance with paragraph (2) of subsection |
| |||||||
| |||||||
1 | (e) of Section 18-213 means the
annual corporate extension for | ||||||
2 | the
taxing district and those special purpose extensions that | ||||||
3 | are made annually for
the taxing district, excluding special | ||||||
4 | purpose extensions: (a) made for the
taxing district to pay | ||||||
5 | interest or principal on general obligation bonds that
were | ||||||
6 | approved by referendum; (b) made for any taxing district to pay | ||||||
7 | interest
or principal on general obligation bonds issued before | ||||||
8 | the effective date of
this amendatory Act of 1997;
(c) made
for | ||||||
9 | any taxing district to pay interest or principal on bonds | ||||||
10 | issued to refund
or continue to refund those bonds issued | ||||||
11 | before the effective date
of this amendatory Act of 1997;
(d) | ||||||
12 | made for any
taxing district to pay interest or principal on | ||||||
13 | bonds issued to refund or
continue to refund bonds issued after | ||||||
14 | the effective date of this amendatory Act
of 1997 if the bonds | ||||||
15 | were approved by referendum after the effective date of
this | ||||||
16 | amendatory Act of 1997;
(e) made for any
taxing district to pay | ||||||
17 | interest or principal on
revenue bonds issued before the | ||||||
18 | effective date of this amendatory Act of 1997
for payment of | ||||||
19 | which a property tax
levy or the full faith and credit of the | ||||||
20 | unit of local government is pledged;
however, a tax for the | ||||||
21 | payment of interest or principal on those bonds shall be
made | ||||||
22 | only after the governing body of the unit of local government | ||||||
23 | finds that
all other sources for payment are insufficient to | ||||||
24 | make those payments; (f) made
for payments under a building | ||||||
25 | commission lease when the lease payments are for
the retirement | ||||||
26 | of bonds issued by the commission before the effective date
of |
| |||||||
| |||||||
1 | this amendatory Act of 1997
to
pay for the building project; | ||||||
2 | (g) made for payments due under installment
contracts entered | ||||||
3 | into before the effective date of this amendatory Act of
1997;
| ||||||
4 | (h) made for payments
of principal and interest on limited | ||||||
5 | bonds,
as defined in Section 3 of the Local Government Debt | ||||||
6 | Reform Act, in an amount
not to exceed the debt service | ||||||
7 | extension base less the amount in items (b),
(c), and (e) of | ||||||
8 | this definition for non-referendum obligations, except
| ||||||
9 | obligations initially issued pursuant to referendum; (i) made | ||||||
10 | for payments
of
principal and interest on bonds issued under | ||||||
11 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
12 | for a qualified airport authority to pay interest or principal | ||||||
13 | on
general obligation bonds issued for the purpose of paying | ||||||
14 | obligations due
under, or financing airport facilities | ||||||
15 | required to be acquired, constructed,
installed or equipped | ||||||
16 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
17 | not including any amendments to such a contract taking effect | ||||||
18 | on
or after that date); (k) made to fund expenses of providing | ||||||
19 | joint
recreational programs for persons with disabilities | ||||||
20 | under Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
21 | of the Illinois Municipal Code; and (l) made for contributions | ||||||
22 | to a firefighter's pension fund created under Article 4 of the | ||||||
23 | Illinois Pension Code, to the extent of the amount certified | ||||||
24 | under item (5) of Section 4-134 of the Illinois Pension Code.
| ||||||
25 | For levy years 2017 through 2019, this definition of "aggregate | ||||||
26 | extension" applies to each taxing district that was subject to |
| |||||||
| |||||||
1 | this definition of "aggregate extension" for the 2016 levy | ||||||
2 | year.
| ||||||
3 | For levy years 2017 and 2018, for taxing districts with a | ||||||
4 | majority of their equalized assessed value in Cook, Lake, | ||||||
5 | McHenry, Kane, DuPage, or Will County (other than qualified | ||||||
6 | school districts and taxing districts that were subject to this | ||||||
7 | Law in the 2016 levy year) "aggregate extension" means the | ||||||
8 | annual corporate extension for the taxing district and those | ||||||
9 | special purpose extensions that are made annually for the | ||||||
10 | taxing district; provided that amounts extended for (i) the | ||||||
11 | payment of principal, interest, premium, and related fees and | ||||||
12 | expenses on bonds or other evidences of indebtedness issued by | ||||||
13 | the taxing district, including payments under a building | ||||||
14 | commission lease issued or entered into by the taxing district, | ||||||
15 | or (ii) contributions to a pension fund created under the | ||||||
16 | Illinois Pension Code are not included in the aggregate | ||||||
17 | extension. The
extension for a special service area is not | ||||||
18 | included in the
aggregate extension. | ||||||
19 | For levy years 2018 and 2019, for taxing districts that | ||||||
20 | became subject to this Law under Section 18-213.1, "aggregate | ||||||
21 | extension" means the annual corporate extension for the taxing | ||||||
22 | district and those special purpose extensions that are made | ||||||
23 | annually for the taxing district; provided that amounts | ||||||
24 | extended for (i) the payment of principal, interest, premium, | ||||||
25 | and related fees and expenses on bonds or other evidences of | ||||||
26 | indebtedness issued by the taxing district, including payments |
| |||||||
| |||||||
1 | under a building commission lease issued or entered into by the | ||||||
2 | taxing district, or (ii) contributions to a pension fund | ||||||
3 | created under the Illinois Pension Code are not included in the | ||||||
4 | aggregate extension. The
extension for a special service area | ||||||
5 | is not included in the
aggregate extension. | ||||||
6 | "Debt service extension base" means an amount equal to that | ||||||
7 | portion of the
extension for a taxing district for the 1994 | ||||||
8 | levy year, or for those taxing
districts subject to this Law in | ||||||
9 | accordance with Section 18-213, except for
those subject to | ||||||
10 | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| ||||||
11 | year in which the referendum making this Law applicable to the | ||||||
12 | taxing district
is held, or for those taxing districts subject | ||||||
13 | to this Law in accordance with
paragraph (2) of subsection (e) | ||||||
14 | of Section 18-213 for the 1996 levy year,
constituting an
| ||||||
15 | extension for payment of principal and interest on bonds issued | ||||||
16 | by the taxing
district without referendum, but not including | ||||||
17 | excluded non-referendum bonds. For park districts (i) that were | ||||||
18 | first
subject to this Law in 1991 or 1995 and (ii) whose | ||||||
19 | extension for the 1994 levy
year for the payment of principal | ||||||
20 | and interest on bonds issued by the park
district without | ||||||
21 | referendum (but not including excluded non-referendum bonds)
| ||||||
22 | was less than 51% of the amount for the 1991 levy year | ||||||
23 | constituting an
extension for payment of principal and interest | ||||||
24 | on bonds issued by the park
district without referendum (but | ||||||
25 | not including excluded non-referendum bonds),
"debt service | ||||||
26 | extension base" means an amount equal to that portion of the
|
| |||||||
| |||||||
1 | extension for the 1991 levy year constituting an extension for | ||||||
2 | payment of
principal and interest on bonds issued by the park | ||||||
3 | district without referendum
(but not including excluded | ||||||
4 | non-referendum bonds). A debt service extension base | ||||||
5 | established or increased at any time pursuant to any provision | ||||||
6 | of this Law, except Section 18-212, shall be increased each | ||||||
7 | year commencing with the later of (i) the 2009 levy year or | ||||||
8 | (ii) the first levy year in which this Law becomes applicable | ||||||
9 | to the taxing district, by the lesser of 5% or the percentage | ||||||
10 | increase in the Consumer Price Index during the 12-month | ||||||
11 | calendar year preceding the levy year. The debt service | ||||||
12 | extension
base may be established or increased as provided | ||||||
13 | under Section 18-212.
"Excluded non-referendum bonds" means | ||||||
14 | (i) bonds authorized by Public
Act 88-503 and issued under | ||||||
15 | Section 20a of the Chicago Park District Act for
aquarium and | ||||||
16 | museum projects; (ii) bonds issued under Section 15 of the
| ||||||
17 | Local Government Debt Reform Act; or (iii) refunding | ||||||
18 | obligations issued
to refund or to continue to refund | ||||||
19 | obligations initially issued pursuant to
referendum.
| ||||||
20 | "Special purpose extensions" include, but are not limited | ||||||
21 | to, extensions
for levies made on an annual basis for | ||||||
22 | unemployment and workers'
compensation, self-insurance, | ||||||
23 | contributions to pension plans, and extensions
made pursuant to | ||||||
24 | Section 6-601 of the Illinois Highway Code for a road
| ||||||
25 | district's permanent road fund whether levied annually or not. | ||||||
26 | The
extension for a special service area is not included in the
|
| |||||||
| |||||||
1 | aggregate extension.
| ||||||
2 | "Aggregate extension base" means the taxing district's | ||||||
3 | last preceding
aggregate extension as adjusted under Sections | ||||||
4 | 18-135, 18-215,
18-230, and 18-206.
An adjustment under Section | ||||||
5 | 18-135 shall be made for the 2007 levy year and all subsequent | ||||||
6 | levy years whenever one or more counties within which a taxing | ||||||
7 | district is located (i) used estimated valuations or rates when | ||||||
8 | extending taxes in the taxing district for the last preceding | ||||||
9 | levy year that resulted in the over or under extension of | ||||||
10 | taxes, or (ii) increased or decreased the tax extension for the | ||||||
11 | last preceding levy year as required by Section 18-135(c). | ||||||
12 | Whenever an adjustment is required under Section 18-135, the | ||||||
13 | aggregate extension base of the taxing district shall be equal | ||||||
14 | to the amount that the aggregate extension of the taxing | ||||||
15 | district would have been for the last preceding levy year if | ||||||
16 | either or both (i) actual, rather than estimated, valuations or | ||||||
17 | rates had been used to calculate the extension of taxes for the | ||||||
18 | last levy year, or (ii) the tax extension for the last | ||||||
19 | preceding levy year had not been adjusted as required by | ||||||
20 | subsection (c) of Section 18-135.
| ||||||
21 | Notwithstanding any other provision of law, for levy year | ||||||
22 | 2012, the aggregate extension base for West Northfield School | ||||||
23 | District No. 31 in Cook County shall be $12,654,592. | ||||||
24 | "Levy year" has the same meaning as "year" under Section
| ||||||
25 | 1-155.
| ||||||
26 | "New property" means (i) the assessed value, after final |
| |||||||
| |||||||
1 | board of review or
board of appeals action, of new improvements | ||||||
2 | or additions to existing
improvements on any parcel of real | ||||||
3 | property that increase the assessed value of
that real property | ||||||
4 | during the levy year multiplied by the equalization factor
| ||||||
5 | issued by the Department under Section 17-30, (ii) the assessed | ||||||
6 | value, after
final board of review or board of appeals action, | ||||||
7 | of real property not exempt
from real estate taxation, which | ||||||
8 | real property was exempt from real estate
taxation for any | ||||||
9 | portion of the immediately preceding levy year, multiplied by
| ||||||
10 | the equalization factor issued by the Department under Section | ||||||
11 | 17-30, including the assessed value, upon final stabilization | ||||||
12 | of occupancy after new construction is complete, of any real | ||||||
13 | property located within the boundaries of an otherwise or | ||||||
14 | previously exempt military reservation that is intended for | ||||||
15 | residential use and owned by or leased to a private corporation | ||||||
16 | or other entity,
(iii) in counties that classify in accordance | ||||||
17 | with Section 4 of Article
IX of the
Illinois Constitution, an | ||||||
18 | incentive property's additional assessed value
resulting from | ||||||
19 | a
scheduled increase in the level of assessment as applied to | ||||||
20 | the first year
final board of
review market value, and (iv) any | ||||||
21 | increase in assessed value due to oil or gas production from an | ||||||
22 | oil or gas well required to be permitted under the Hydraulic | ||||||
23 | Fracturing Regulatory Act that was not produced in or accounted | ||||||
24 | for during the previous levy year.
In addition, the county | ||||||
25 | clerk in a county containing a population of
3,000,000 or more | ||||||
26 | shall include in the 1997
recovered tax increment value for any |
| |||||||
| |||||||
1 | school district, any recovered tax
increment value that was | ||||||
2 | applicable to the 1995 tax year calculations.
| ||||||
3 | "Qualified airport authority" means an airport authority | ||||||
4 | organized under
the Airport Authorities Act and located in a | ||||||
5 | county bordering on the State of
Wisconsin and having a | ||||||
6 | population in excess of 200,000 and not greater than
500,000.
| ||||||
7 | "Recovered tax increment value" means, except as otherwise | ||||||
8 | provided in this
paragraph, the amount of the current year's | ||||||
9 | equalized assessed value, in the
first year after a | ||||||
10 | municipality terminates
the designation of an area as a | ||||||
11 | redevelopment project area previously
established under the | ||||||
12 | Tax Increment Allocation Development Act in the Illinois
| ||||||
13 | Municipal Code, previously established under the Industrial | ||||||
14 | Jobs Recovery Law
in the Illinois Municipal Code, previously | ||||||
15 | established under the Economic Development Project Area Tax | ||||||
16 | Increment Act of 1995, or previously established under the | ||||||
17 | Economic
Development Area Tax Increment Allocation Act, of each | ||||||
18 | taxable lot, block,
tract, or parcel of real property in the | ||||||
19 | redevelopment project area over and
above the initial equalized | ||||||
20 | assessed value of each property in the
redevelopment project | ||||||
21 | area.
For the taxes which are extended for the 1997 levy year, | ||||||
22 | the recovered tax
increment value for a non-home rule taxing | ||||||
23 | district that first became subject
to this Law for the 1995 | ||||||
24 | levy year because a majority of its 1994 equalized
assessed | ||||||
25 | value was in an affected county or counties shall be increased | ||||||
26 | if a
municipality terminated the designation of an area in 1993 |
| |||||||
| |||||||
1 | as a redevelopment
project area previously established under | ||||||
2 | the Tax Increment Allocation
Development Act in the Illinois | ||||||
3 | Municipal Code, previously established under
the Industrial | ||||||
4 | Jobs Recovery Law in the Illinois Municipal Code, or previously
| ||||||
5 | established under the Economic Development Area Tax Increment | ||||||
6 | Allocation Act,
by an amount equal to the 1994 equalized | ||||||
7 | assessed value of each taxable lot,
block, tract, or parcel of | ||||||
8 | real property in the redevelopment project area over
and above | ||||||
9 | the initial equalized assessed value of each property in the
| ||||||
10 | redevelopment project area.
In the first year after a | ||||||
11 | municipality
removes a taxable lot, block, tract, or parcel of | ||||||
12 | real property from a
redevelopment project area established | ||||||
13 | under the Tax Increment Allocation
Development Act in the | ||||||
14 | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in | ||||||
15 | the Illinois Municipal Code, or the Economic
Development Area | ||||||
16 | Tax Increment Allocation Act, "recovered tax increment value"
| ||||||
17 | means the amount of the current year's equalized assessed value | ||||||
18 | of each taxable
lot, block, tract, or parcel of real property | ||||||
19 | removed from the redevelopment
project area over and above the | ||||||
20 | initial equalized assessed value of that real
property before | ||||||
21 | removal from the redevelopment project area.
| ||||||
22 | Except as otherwise provided in this Section, "limiting | ||||||
23 | rate" means a
fraction the numerator of which is the last
| ||||||
24 | preceding aggregate extension base times an amount equal to one | ||||||
25 | plus the
extension limitation defined in this Section and the | ||||||
26 | denominator of which
is the current year's equalized assessed |
| |||||||
| |||||||
1 | value of all real property in the
territory under the | ||||||
2 | jurisdiction of the taxing district during the prior
levy year. | ||||||
3 | For those taxing districts that reduced their aggregate
| ||||||
4 | extension for the last preceding levy year, except for school | ||||||
5 | districts that reduced their extension for educational | ||||||
6 | purposes pursuant to Section 18-206, the highest aggregate | ||||||
7 | extension
in any of the last 3 preceding levy years shall be | ||||||
8 | used for the purpose of
computing the limiting rate. The | ||||||
9 | denominator shall not include new
property or the recovered tax | ||||||
10 | increment
value.
If a new rate, a rate decrease, or a limiting | ||||||
11 | rate increase has been approved at an election held after March | ||||||
12 | 21, 2006, then (i) the otherwise applicable limiting rate shall | ||||||
13 | be increased by the amount of the new rate or shall be reduced | ||||||
14 | by the amount of the rate decrease, as the case may be, or (ii) | ||||||
15 | in the case of a limiting rate increase, the limiting rate | ||||||
16 | shall be equal to the rate set forth
in the proposition | ||||||
17 | approved by the voters for each of the years specified in the | ||||||
18 | proposition, after
which the limiting rate of the taxing | ||||||
19 | district shall be calculated as otherwise provided. In the case | ||||||
20 | of a taxing district that obtained referendum approval for an | ||||||
21 | increased limiting rate on March 20, 2012, the limiting rate | ||||||
22 | for tax year 2012 shall be the rate that generates the | ||||||
23 | approximate total amount of taxes extendable for that tax year, | ||||||
24 | as set forth in the proposition approved by the voters; this | ||||||
25 | rate shall be the final rate applied by the county clerk for | ||||||
26 | the aggregate of all capped funds of the district for tax year |
| |||||||
| |||||||
1 | 2012.
| ||||||
2 | "Qualified school district" means a school district that | ||||||
3 | (i) would otherwise be subject to a 0% extension limitation for | ||||||
4 | the applicable levy year and (ii) has been designated, through | ||||||
5 | the State Board of Education's School District Financial | ||||||
6 | Profile System, as on financial watch status in the report | ||||||
7 | issued in the applicable levy year. In addition, a school | ||||||
8 | district that (i) would otherwise be subject to a 0% extension | ||||||
9 | limitation for the applicable levy year and (ii) has been | ||||||
10 | granted a financial hardship exemption from this amendatory Act | ||||||
11 | of the 100th General Assembly by the State Superintendent of | ||||||
12 | Education is also considered a qualified school district; to be | ||||||
13 | eligible for such an exemption, the district must be | ||||||
14 | designated, through the State Board of Education's School | ||||||
15 | District Financial Profile System, as on financial early | ||||||
16 | warning status in the report issued in the applicable levy | ||||||
17 | year. | ||||||
18 | After independently verifying that a district is on | ||||||
19 | financial watch status or financial early warning status, the | ||||||
20 | State Superintendent shall notify the appropriate taxing | ||||||
21 | authorities that the district is to be exempt from the | ||||||
22 | provisions of this amendatory Act of the 100th General Assembly | ||||||
23 | for the next applicable levy year. The exemption shall be for a | ||||||
24 | period of one levy year. School districts may reapply on an | ||||||
25 | annual basis to be exempt from the provisions of this | ||||||
26 | amendatory Act of the 100th General Assembly; except that |
| |||||||
| |||||||
1 | school districts that qualify as a result of being on financial | ||||||
2 | watch status need not reapply. | ||||||
3 | (Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17; | ||||||
4 | 100-465, eff. 8-31-17.)
| ||||||
5 | (35 ILCS 200/18-205)
| ||||||
6 | Sec. 18-205. Referendum to increase the extension | ||||||
7 | limitation. | ||||||
8 | (a) A taxing
district is limited to an extension limitation | ||||||
9 | as defined in Section 18-185 of 5% or the percentage increase
| ||||||
10 | in the Consumer Price Index during the 12-month calendar year | ||||||
11 | preceding the
levy year, whichever is less . A taxing district | ||||||
12 | may increase its extension
limitation for one or more levy | ||||||
13 | years if that taxing district holds a referendum
before the | ||||||
14 | levy date for the first levy year at which a majority of voters | ||||||
15 | voting on the issue approves
adoption of a higher extension | ||||||
16 | limitation. Referenda shall be conducted at a
regularly | ||||||
17 | scheduled election in accordance with the Election Code. | ||||||
18 | (b) The question shall be presented in
substantially the | ||||||
19 | following manner for all elections held after March 21, 2006 :
| ||||||
20 | Shall the extension limitation under the Property Tax | ||||||
21 | Extension Limitation Law for (insert the legal name, | ||||||
22 | number, if any, and county or counties of the taxing | ||||||
23 | district and geographic or other common name by which a | ||||||
24 | school or community college district is known and referred | ||||||
25 | to), Illinois, be increased from (applicable extension |
| |||||||
| |||||||
1 | limitation set forth in Section 18-185) the lesser of 5% or | ||||||
2 | the percentage increase in the Consumer Price Index over | ||||||
3 | the prior levy year to (insert the percentage of the | ||||||
4 | proposed increase)% per year for (insert each levy year for | ||||||
5 | which the increased extension limitation will apply)? | ||||||
6 | (c) The votes must be recorded as "Yes" or "No".
| ||||||
7 | If a majority of voters voting on the issue approves the | ||||||
8 | adoption of
the increase, the increase shall be applicable for | ||||||
9 | each
levy year specified.
| ||||||
10 | (d) The ballot for any question submitted pursuant to this | ||||||
11 | Section shall have printed thereon, but not as a part of the | ||||||
12 | question submitted, only the following supplemental | ||||||
13 | information (which shall be supplied to the election authority | ||||||
14 | by the taxing district) in substantially the following form: | ||||||
15 | (1) For the (insert the first levy year for which the | ||||||
16 | increased extension
limitation will be applicable) levy | ||||||
17 | year the approximate amount of the additional tax
| ||||||
18 | extendable against property containing a single family | ||||||
19 | residence and having a fair market
value at the time of the | ||||||
20 | referendum of $100,000 is estimated to be $.... | ||||||
21 | (2) Based upon an average annual percentage increase | ||||||
22 | (or decrease) in the
market value of such property of ...% | ||||||
23 | (insert percentage equal to the average
annual percentage | ||||||
24 | increase or decrease for the prior 3 levy years, at the | ||||||
25 | time the
submission of the question is initiated by the | ||||||
26 | taxing district, in the amount of (A) the
equalized |
| |||||||
| |||||||
1 | assessed value of the taxable property in the taxing | ||||||
2 | district less (B) the new
property included in the | ||||||
3 | equalized assessed value), the approximate amount of the
| ||||||
4 | additional tax extendable against such property for the ... | ||||||
5 | levy year is estimated to be
$... and for the ... levy year | ||||||
6 | is estimated to be $.... | ||||||
7 | Paragraph (2) shall be included only if the increased | ||||||
8 | extension limitation will be applicable for more than one year | ||||||
9 | and shall list each levy year for which the increased extension | ||||||
10 | limitation will be applicable. The additional tax shown for | ||||||
11 | each levy year shall be the approximate dollar amount of the | ||||||
12 | increase over the amount of the most recently completed | ||||||
13 | extension at the time the submission of the question is | ||||||
14 | initiated by the taxing district. The approximate amount of the | ||||||
15 | additional tax extendable shown in paragraphs (1) and (2) shall | ||||||
16 | be calculated by multiplying $100,000 (the fair market value of | ||||||
17 | the property without regard to any property tax exemptions) by | ||||||
18 | (i) the percentage level of assessment prescribed for that | ||||||
19 | property by statute, or by ordinance of the county board in | ||||||
20 | counties that classify property for purposes of taxation in | ||||||
21 | accordance with Section 4 of Article IX of the Illinois | ||||||
22 | Constitution; (ii) the most recent final equalization factor | ||||||
23 | certified to the county clerk by the Department of Revenue at | ||||||
24 | the time the taxing district initiates the submission of the | ||||||
25 | proposition to the electors; (iii) the last known aggregate | ||||||
26 | extension base of the taxing district at the time the |
| |||||||
| |||||||
1 | submission of the question is initiated by the taxing district; | ||||||
2 | and (iv) the difference between the percentage increase | ||||||
3 | proposed in the question and the otherwise applicable extension | ||||||
4 | limitation under Section 18-185 the lesser of 5% or the | ||||||
5 | percentage increase in the Consumer Price Index for the prior | ||||||
6 | levy year ( if the extension limitation is based on the | ||||||
7 | percentage increase in the Consumer Price Index for the prior | ||||||
8 | levy year, then or an estimate of the percentage increase for | ||||||
9 | the prior levy year may be used if the increase is unavailable | ||||||
10 | at the time the submission of the question is initiated by the | ||||||
11 | taxing district); and dividing the result by the last known | ||||||
12 | equalized assessed value of the taxing district at the time the | ||||||
13 | submission of the question is initiated by the taxing district. | ||||||
14 | This amendatory Act of the 97th General Assembly is intended to | ||||||
15 | clarify the existing requirements of this Section, and shall | ||||||
16 | not be construed to validate any prior non-compliant referendum | ||||||
17 | language. Any notice required to be published in connection | ||||||
18 | with the submission of the question shall also contain this | ||||||
19 | supplemental information and shall not contain any other | ||||||
20 | supplemental information. Any error, miscalculation, or | ||||||
21 | inaccuracy in computing any amount set forth on the ballot or | ||||||
22 | in the notice that is not deliberate shall not invalidate or | ||||||
23 | affect the validity of any proposition approved. Notice of the | ||||||
24 | referendum shall be published and posted as otherwise required | ||||||
25 | by law, and the submission of the question shall be initiated | ||||||
26 | as provided by law.
|
| |||||||
| |||||||
1 | (Source: P.A. 97-1087, eff. 8-24-12.)
| ||||||
2 | (35 ILCS 200/18-213)
| ||||||
3 | Sec. 18-213.
Referenda on applicability of the Property Tax | ||||||
4 | Extension
Limitation Law.
| ||||||
5 | (a) The provisions of this Section do not apply to a taxing | ||||||
6 | district
subject
to this Law because a majority of its 1990 | ||||||
7 | equalized assessed value is in a
county or counties contiguous | ||||||
8 | to a county of 3,000,000 or more inhabitants, or
because a | ||||||
9 | majority of its 1994 equalized assessed value is in an affected
| ||||||
10 | county and the taxing district was not subject to this Law | ||||||
11 | before the 1995 levy
year.
| ||||||
12 | (b) The county board of a county that is not subject to | ||||||
13 | this Law
may, by ordinance or resolution, submit to the voters | ||||||
14 | of the
county the question of whether to
make all non-home rule | ||||||
15 | taxing districts
that
have all or a portion of their equalized | ||||||
16 | assessed valuation
situated in the county subject to this Law | ||||||
17 | in the manner set forth in this
Section.
| ||||||
18 | For purposes of this Section only:
| ||||||
19 | "Taxing district" has the same meaning provided in Section | ||||||
20 | 1-150.
| ||||||
21 | "Equalized
assessed valuation" means the equalized | ||||||
22 | assessed valuation for a taxing
district for the immediately | ||||||
23 | preceding levy year.
| ||||||
24 | (c) The ordinance or resolution shall request the | ||||||
25 | submission of
the
proposition at any election, except a |
| |||||||
| |||||||
1 | consolidated primary election, for the
purpose of voting for or | ||||||
2 | against making the Property
Tax Extension Limitation Law | ||||||
3 | applicable to all non-home rule taxing districts
that have all
| ||||||
4 | or a
portion of their equalized assessed valuation situated in | ||||||
5 | the county.
| ||||||
6 | The question shall be placed on a separate
ballot and shall | ||||||
7 | be in substantially the following form:
| ||||||
8 | Shall the Property Tax Extension Limitation Law (35 | ||||||
9 | ILCS 200/18-185 through
18-245), which
limits annual | ||||||
10 | property tax extension increases, apply to non-home
rule | ||||||
11 | taxing
districts with all or a portion of their equalized | ||||||
12 | assessed valuation located
in
(name of county)?
| ||||||
13 | Votes on the question shall be recorded as "yes" or "no".
| ||||||
14 | (d) The county clerk
shall order the proposition submitted | ||||||
15 | to the electors of the county
at the election specified in the | ||||||
16 | ordinance or resolution.
If part of the county is under the | ||||||
17 | jurisdiction of
a board or boards of election commissioners, | ||||||
18 | the county clerk
shall submit a certified copy of
the ordinance | ||||||
19 | or resolution to each board of election commissioners,
which | ||||||
20 | shall order the
proposition submitted to the electors of the | ||||||
21 | taxing district within its
jurisdiction at the election | ||||||
22 | specified in the ordinance or resolution.
| ||||||
23 | (e) (1) With respect to taxing districts having all of | ||||||
24 | their equalized
assessed
valuation located in the county, | ||||||
25 | if a majority of the votes cast on the
proposition are in | ||||||
26 | favor of the proposition, then this Law becomes applicable
|
| |||||||
| |||||||
1 | to the taxing district beginning on January 1 of the year | ||||||
2 | following the date of
the referendum.
| ||||||
3 | (2) With respect to taxing districts that meet all the | ||||||
4 | following
conditions this Law shall become applicable to | ||||||
5 | the taxing district beginning
on January 1, 1997. The | ||||||
6 | districts to which this paragraph (2) is applicable
| ||||||
7 | (A) do not have all of their equalized assessed | ||||||
8 | valuation located in a
single county,
| ||||||
9 | (B) have equalized assessed valuation in an | ||||||
10 | affected county,
| ||||||
11 | (C) meet the condition that each county, other than | ||||||
12 | an affected county,
in which any of the equalized | ||||||
13 | assessed valuation of the taxing district is
located | ||||||
14 | has held a referendum under this Section at any | ||||||
15 | election, except a
consolidated primary election, held | ||||||
16 | prior to the effective date of this
amendatory Act of | ||||||
17 | 1997, and
| ||||||
18 | (D) have a majority of the district's equalized | ||||||
19 | assessed valuation
located in one or more counties in | ||||||
20 | each of which the voters have approved a
referendum | ||||||
21 | under this Section prior to the effective date of this | ||||||
22 | amendatory
Act of 1997.
For purposes of this Section, | ||||||
23 | in determining whether a majority of the
equalized | ||||||
24 | assessed valuation of the taxing district is located in | ||||||
25 | one or more
counties in which the voters have approved | ||||||
26 | a referendum under this Section, the
equalized |
| |||||||
| |||||||
1 | assessed valuation of the taxing district in any | ||||||
2 | affected county
shall be included with the equalized | ||||||
3 | assessed value of the taxing district in
counties in | ||||||
4 | which the voters have approved the referendum.
| ||||||
5 | (3) With respect to taxing districts that do not have | ||||||
6 | all of
their equalized
assessed valuation located in a | ||||||
7 | single county and to which paragraph (2) of
subsection (e) | ||||||
8 | is not applicable, if each county other than an
affected | ||||||
9 | county in which any of
the equalized assessed valuation of | ||||||
10 | the taxing
district is located has held a referendum under | ||||||
11 | this Section at any election,
except a consolidated primary | ||||||
12 | election, held in any year and if a majority of
the | ||||||
13 | equalized
assessed valuation of the taxing district is | ||||||
14 | located in one or more counties
that have each approved a | ||||||
15 | referendum under this Section,
then this Law shall become | ||||||
16 | applicable to the taxing district on
January 1 of the year | ||||||
17 | following the year in which the last referendum in a
county | ||||||
18 | in which the taxing district has any equalized assessed | ||||||
19 | valuation is
held.
For the purposes of this Law, the last | ||||||
20 | referendum shall be deemed to be the
referendum making this | ||||||
21 | Law applicable to the taxing district. For purposes
of this | ||||||
22 | Section, in determining whether a majority of the equalized | ||||||
23 | assessed
valuation of the taxing district is located in one | ||||||
24 | or more counties that have
approved a referendum under this | ||||||
25 | Section, the equalized assessed valuation of
the taxing | ||||||
26 | district in any affected county shall be included with the |
| |||||||
| |||||||
1 | equalized
assessed value of the taxing district in counties | ||||||
2 | that have approved the
referendum.
| ||||||
3 | (f) Immediately after a referendum is held under this | ||||||
4 | Section, the county
clerk of the
county holding the referendum | ||||||
5 | shall give notice of the referendum having been
held and its | ||||||
6 | results to all taxing districts that have all
or a portion of | ||||||
7 | their equalized assessed valuation located in the county, the
| ||||||
8 | county clerk of any other county in which any of the equalized | ||||||
9 | assessed
valuation of any taxing district is located, and the | ||||||
10 | Department of Revenue.
After the last referendum affecting a | ||||||
11 | multi-county taxing district is held, the
Department of Revenue
| ||||||
12 | shall determine whether the taxing district is subject to this | ||||||
13 | Law
and, if so, shall notify the taxing district and the county | ||||||
14 | clerks of all of
the
counties in which a portion of the | ||||||
15 | equalized assessed valuation of the
taxing district is located | ||||||
16 | that, beginning the following January 1, the
taxing
district is | ||||||
17 | subject to this Law.
For each taxing district subject to | ||||||
18 | paragraph (2) of subsection (e) of this
Section, the Department | ||||||
19 | of Revenue shall notify the taxing district and the
county | ||||||
20 | clerks of all of the counties in which a portion of the | ||||||
21 | equalized
assessed valuation of the taxing district is located | ||||||
22 | that, beginning January 1,
1997, the taxing district is subject | ||||||
23 | to this Law.
| ||||||
24 | (g) Referenda held under this Section shall be conducted in | ||||||
25 | accordance with
the Election Code.
| ||||||
26 | (h) A referendum may not be held under this Section on or |
| |||||||
| |||||||
1 | after the effective date of this amendatory Act of the 100th | ||||||
2 | General Assembly with respect to levy year 2018 or 2019 if a | ||||||
3 | referendum is held under Section 18-213.1 by the same county. | ||||||
4 | (Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
| ||||||
5 | (35 ILCS 200/18-213.1 new) | ||||||
6 | Sec. 18-213.1. Referenda on the applicability of a property | ||||||
7 | tax freeze. | ||||||
8 | (a) Notwithstanding any other provision of law, at the | ||||||
9 | general election or the general primary election occurring in | ||||||
10 | calendar year 2018, the county board of a county other than | ||||||
11 | Cook, Lake, McHenry, Kane, DuPage, or Will County
may, by | ||||||
12 | ordinance or resolution, submit to the voters of the
county the | ||||||
13 | question of whether to
make all taxing districts
that
have all | ||||||
14 | or the greatest portion of their equalized assessed valuation
| ||||||
15 | situated in the county subject to a property tax freeze for | ||||||
16 | levy years 2018 and 2019. | ||||||
17 | (b) The county clerk
shall order the proposition submitted | ||||||
18 | to the electors of the county
at the election specified in the | ||||||
19 | ordinance or resolution. A referendum may not be held under | ||||||
20 | this Section if a referendum is held by the same county under | ||||||
21 | Section 18-213 at the general election or the general primary | ||||||
22 | election occurring in calendar year 2018. | ||||||
23 | (c) The question shall be placed on a separate
ballot and | ||||||
24 | shall be in substantially the following form: | ||||||
25 | Shall a property tax freeze apply to all home rule and |
| |||||||
| |||||||
1 | non-home rule taxing districts in (County) for levy years | ||||||
2 | 2018 and 2019? This would mean that the aggregate extension | ||||||
3 | for each taxing district (meaning the annual corporate | ||||||
4 | extension for the taxing
district and certain special | ||||||
5 | purpose extensions that are made annually for
the taxing | ||||||
6 | district) may not be increased above the taxing district's | ||||||
7 | last preceding
aggregate extension, subject to certain | ||||||
8 | adjustments, unless that increase is approved by the voters | ||||||
9 | of the taxing district by referendum. | ||||||
10 | (d) Votes on propositions submitted under this Section | ||||||
11 | shall be recorded as "yes" or "no". | ||||||
12 | (e) Referenda held under this Section shall be conducted in | ||||||
13 | accordance with
the Election Code. | ||||||
14 | (f) As used in this Section: | ||||||
15 | "Subject to a property tax freeze" means that the | ||||||
16 | taxing districts in that county are subject to an extension | ||||||
17 | limitation of 0% or the rate of increase approved by the | ||||||
18 | voters under Section 18-205; and | ||||||
19 | "Taxing district" has the same meaning provided in | ||||||
20 | Section 1-150, except that: (i) the term "taxing district" | ||||||
21 | does not include a school district that has been designated | ||||||
22 | as a qualified school district for the applicable levy | ||||||
23 | year; and (ii) for levy years 2018 and 2019, the term | ||||||
24 | "taxing district" includes both home rule units and | ||||||
25 | non-home rule units.
|
| |||||||
| |||||||
1 | (35 ILCS 200/18-214)
| ||||||
2 | Sec. 18-214.
Referenda on removal of the applicability of | ||||||
3 | the Property Tax
Extension Limitation Law to non-home rule | ||||||
4 | taxing districts.
| ||||||
5 | (a) The provisions of this Section do not apply to a taxing | ||||||
6 | district that is
subject to this Law because a majority of its | ||||||
7 | 1990 equalized assessed value is
in a county or counties | ||||||
8 | contiguous to a county of 3,000,000 or more
inhabitants, or | ||||||
9 | because a majority of its 1994 equalized assessed value is in
| ||||||
10 | an
affected county and the taxing district was not subject to | ||||||
11 | this Law before the
1995 levy year.
| ||||||
12 | (b) For purposes of this Section only:
| ||||||
13 | "Taxing district" means any non-home rule taxing district | ||||||
14 | that became subject
to this Law under Section 18-213 of this | ||||||
15 | Law.
| ||||||
16 | "Equalized assessed valuation" means the equalized | ||||||
17 | assessed valuation for a
taxing district for the immediately | ||||||
18 | preceding levy year.
| ||||||
19 | (c) The county board of a county that became subject to | ||||||
20 | this Law by a
referendum approved by the voters of the county | ||||||
21 | under Section 18-213 may, by
ordinance or resolution, in the | ||||||
22 | manner set forth in this Section, submit to the
voters of the | ||||||
23 | county the question of whether this Law applies to all non-home
| ||||||
24 | rule taxing
districts that have all or a portion of their | ||||||
25 | equalized assessed valuation
situated in the county in the | ||||||
26 | manner set forth in this Section.
|
| |||||||
| |||||||
1 | (d) The ordinance or resolution shall request the | ||||||
2 | submission of the
proposition at any election, except a | ||||||
3 | consolidated primary election, for the
purpose of voting for or | ||||||
4 | against the continued application of the Property Tax
Extension | ||||||
5 | Limitation Law to all non-home rule taxing districts that have | ||||||
6 | all or
a portion of their equalized assessed valuation situated | ||||||
7 | in the county.
| ||||||
8 | The question shall be placed on a separate ballot and shall | ||||||
9 | be in
substantially the following form:
| ||||||
10 | Shall
the Property Tax
Extension Limitation Law (35 | ||||||
11 | ILCS 200/18-185 through 35 ILCS 200/18-245), which
limits | ||||||
12 | annual property tax extension increases, apply to non-home | ||||||
13 | rule taxing
districts with all or a portion of their | ||||||
14 | equalized assessed valuation located
in (name of county)?
| ||||||
15 | Votes on the question shall be recorded as "yes" or "no".
| ||||||
16 | (e) The county clerk shall order the proposition submitted | ||||||
17 | to the electors
of the county at the election specified in the | ||||||
18 | ordinance or resolution. If
part of the county is under the | ||||||
19 | jurisdiction of a board or boards of election
commissioners, | ||||||
20 | the county clerk shall submit a certified copy of the ordinance
| ||||||
21 | or resolution to each board of election commissioners, which | ||||||
22 | shall order the
proposition submitted to the electors of the | ||||||
23 | taxing district within its
jurisdiction at the election | ||||||
24 | specified in the ordinance or resolution.
| ||||||
25 | (f) With respect to taxing districts having all of their | ||||||
26 | equalized assessed
valuation located in one county, if a |
| |||||||
| |||||||
1 | majority of the votes cast on the
proposition are against the | ||||||
2 | proposition, then this Law shall not apply to the
taxing | ||||||
3 | district beginning on January 1 of the year following the date | ||||||
4 | of
the referendum.
| ||||||
5 | (g) With respect to taxing districts that do not have all | ||||||
6 | of their
equalized assessed valuation located in a single | ||||||
7 | county, if both of the
following conditions are met, then this | ||||||
8 | Law shall no longer apply to the taxing
district beginning on | ||||||
9 | January 1 of the year following the date of the
referendum.
| ||||||
10 | (1) Each county in which the district has any equalized | ||||||
11 | assessed valuation
must either, (i) have held a referendum | ||||||
12 | under this Section, (ii) be an affected
county, or (iii) | ||||||
13 | have held a referendum under Section 18-213 at which the
| ||||||
14 | voters rejected the proposition at the most recent election | ||||||
15 | at which the
question was on the ballot in the county.
| ||||||
16 | (2) The majority of the equalized assessed valuation of | ||||||
17 | the taxing
district,
other than any equalized assessed | ||||||
18 | valuation in an affected county, is in one or
more counties | ||||||
19 | in which the voters rejected the proposition. For purposes | ||||||
20 | of
this
Section, in determining whether a majority of the | ||||||
21 | equalized assessed valuation
of the taxing district is | ||||||
22 | located in one or more counties in which the voters
have | ||||||
23 | rejected the proposition under this Section, the equalized | ||||||
24 | assessed
valuation of any taxing district in a county which | ||||||
25 | has held a referendum under
Section 18-213 at which the | ||||||
26 | voters rejected that proposition, at the most
recent |
| |||||||
| |||||||
1 | election at which the question was on the ballot in the | ||||||
2 | county, will be
included with the equalized assessed value | ||||||
3 | of the taxing district in counties
in
which the voters have | ||||||
4 | rejected the referendum held under this Section.
| ||||||
5 | (h) Immediately after a referendum is held under this | ||||||
6 | Section, the county
clerk of the county holding the referendum | ||||||
7 | shall give notice of the referendum
having been held and its | ||||||
8 | results to all taxing districts that have all or a
portion of | ||||||
9 | their equalized assessed valuation located in the county, the | ||||||
10 | county
clerk of any other county in which any of the equalized | ||||||
11 | assessed valuation of
any such taxing district is located, and | ||||||
12 | the Department of Revenue. After the
last
referendum affecting | ||||||
13 | a multi-county taxing district is held, the Department of
| ||||||
14 | Revenue shall determine whether the taxing district is no | ||||||
15 | longer subject to
this Law and, if the taxing district is no | ||||||
16 | longer subject to this Law, the
Department of Revenue shall | ||||||
17 | notify the taxing district and the county clerks of
all of the | ||||||
18 | counties in which a portion of the equalized assessed valuation | ||||||
19 | of
the taxing district is located that, beginning on January 1 | ||||||
20 | of the
year following the date of the last
referendum, the | ||||||
21 | taxing district is no longer subject to this Law.
| ||||||
22 | (i) Notwithstanding any other provision of law, no | ||||||
23 | referenda may be held under this Section with respect to levy | ||||||
24 | year 2017 or 2018. | ||||||
25 | (Source: P.A. 89-718, eff. 3-7-97.)
|
| |||||||
| |||||||
1 | (35 ILCS 200/18-242 new) | ||||||
2 | Sec. 18-242. Home rule. This Division 5 is a limitation, | ||||||
3 | under
subsection
(g) of Section 6 of Article VII of the | ||||||
4 | Illinois Constitution, on the power of
home rule units to tax.
| ||||||
5 | Section 99. Effective date. This Act takes effect upon | ||||||
6 | becoming law.".
|