Bill Text: IL HB0177 | 2015-2016 | 99th General Assembly | Introduced
Bill Title: Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, for tax years 2015 through 2017, the extension limitation is (a) 0% or (b) the rate of increase approved by voters (instead of the lesser of 5% or the percentage increase in the Consumer Price Index during the 12-month calendar year preceding the levy year or (b) the rate of increase approved by voters). Effective immediately.
Spectrum: Slight Partisan Bill (Republican 2-1)
Status: (Introduced - Dead) 2015-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB0177 Detail]
Download: Illinois-2015-HB0177-Introduced.html
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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Property Tax Code is amended by changing | ||||||||||||||||||||||||||
5 | Sections 18-185 and 18-205 as follows:
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6 | (35 ILCS 200/18-185)
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7 | Sec. 18-185. Short title; definitions. This Division 5 may | ||||||||||||||||||||||||||
8 | be cited as the
Property Tax Extension Limitation Law. As used | ||||||||||||||||||||||||||
9 | in this Division 5:
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10 | "Consumer Price Index" means the Consumer Price Index for | ||||||||||||||||||||||||||
11 | All Urban
Consumers for all items published by the United | ||||||||||||||||||||||||||
12 | States Department of Labor.
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13 | "Extension limitation" means (a) the lesser of 5% or the | ||||||||||||||||||||||||||
14 | percentage increase
in the Consumer Price Index during the | ||||||||||||||||||||||||||
15 | 12-month calendar year preceding the
levy year or (b) the rate | ||||||||||||||||||||||||||
16 | of increase approved by voters under Section 18-205.
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17 | Notwithstanding any other provision of law, for tax years 2015 | ||||||||||||||||||||||||||
18 | through 2017, the extension limitation shall be (a) 0% or (b) | ||||||||||||||||||||||||||
19 | the rate of increase approved by voters under Section 18-205.
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20 | "Affected county" means a county of 3,000,000 or more | ||||||||||||||||||||||||||
21 | inhabitants or a
county contiguous to a county of 3,000,000 or | ||||||||||||||||||||||||||
22 | more inhabitants.
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23 | "Taxing district" has the same meaning provided in Section |
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1 | 1-150, except as
otherwise provided in this Section. For the | ||||||
2 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||
3 | only each non-home rule taxing district having the
majority of | ||||||
4 | its
1990 equalized assessed value within any county or counties | ||||||
5 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||
6 | Beginning with the 1995 levy
year, "taxing district" includes | ||||||
7 | only each non-home rule taxing district
subject to this Law | ||||||
8 | before the 1995 levy year and each non-home rule
taxing | ||||||
9 | district not subject to this Law before the 1995 levy year | ||||||
10 | having the
majority of its 1994 equalized assessed value in an | ||||||
11 | affected county or
counties. Beginning with the levy year in
| ||||||
12 | which this Law becomes applicable to a taxing district as
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13 | provided in Section 18-213, "taxing district" also includes | ||||||
14 | those taxing
districts made subject to this Law as provided in | ||||||
15 | Section 18-213.
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16 | "Aggregate extension" for taxing districts to which this | ||||||
17 | Law applied before
the 1995 levy year means the annual | ||||||
18 | corporate extension for the taxing
district and those special | ||||||
19 | purpose extensions that are made annually for
the taxing | ||||||
20 | district, excluding special purpose extensions: (a) made for | ||||||
21 | the
taxing district to pay interest or principal on general | ||||||
22 | obligation bonds
that were approved by referendum; (b) made for | ||||||
23 | any taxing district to pay
interest or principal on general | ||||||
24 | obligation bonds issued before October 1,
1991; (c) made for | ||||||
25 | any taxing district to pay interest or principal on bonds
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26 | issued to refund or continue to refund those bonds issued |
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1 | before October 1,
1991; (d)
made for any taxing district to pay | ||||||
2 | interest or principal on bonds
issued to refund or continue to | ||||||
3 | refund bonds issued after October 1, 1991 that
were approved by | ||||||
4 | referendum; (e)
made for any taxing district to pay interest
or | ||||||
5 | principal on revenue bonds issued before October 1, 1991 for | ||||||
6 | payment of
which a property tax levy or the full faith and | ||||||
7 | credit of the unit of local
government is pledged; however, a | ||||||
8 | tax for the payment of interest or principal
on those bonds | ||||||
9 | shall be made only after the governing body of the unit of | ||||||
10 | local
government finds that all other sources for payment are | ||||||
11 | insufficient to make
those payments; (f) made for payments | ||||||
12 | under a building commission lease when
the lease payments are | ||||||
13 | for the retirement of bonds issued by the commission
before | ||||||
14 | October 1, 1991, to pay for the building project; (g) made for | ||||||
15 | payments
due under installment contracts entered into before | ||||||
16 | October 1, 1991;
(h) made for payments of principal and | ||||||
17 | interest on bonds issued under the
Metropolitan Water | ||||||
18 | Reclamation District Act to finance construction projects
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19 | initiated before October 1, 1991; (i) made for payments of | ||||||
20 | principal and
interest on limited bonds, as defined in Section | ||||||
21 | 3 of the Local Government Debt
Reform Act, in an amount not to | ||||||
22 | exceed the debt service extension base less
the amount in items | ||||||
23 | (b), (c), (e), and (h) of this definition for
non-referendum | ||||||
24 | obligations, except obligations initially issued pursuant to
| ||||||
25 | referendum; (j) made for payments of principal and interest on | ||||||
26 | bonds
issued under Section 15 of the Local Government Debt |
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1 | Reform Act; (k)
made
by a school district that participates in | ||||||
2 | the Special Education District of
Lake County, created by | ||||||
3 | special education joint agreement under Section
10-22.31 of the | ||||||
4 | School Code, for payment of the school district's share of the
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5 | amounts required to be contributed by the Special Education | ||||||
6 | District of Lake
County to the Illinois Municipal Retirement | ||||||
7 | Fund under Article 7 of the
Illinois Pension Code; the amount | ||||||
8 | of any extension under this item (k) shall be
certified by the | ||||||
9 | school district to the county clerk; (l) made to fund
expenses | ||||||
10 | of providing joint recreational programs for the handicapped | ||||||
11 | under
Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
12 | of the Illinois Municipal Code; (m) made for temporary | ||||||
13 | relocation loan repayment purposes pursuant to Sections 2-3.77 | ||||||
14 | and 17-2.2d of the School Code; (n) made for payment of | ||||||
15 | principal and interest on any bonds issued under the authority | ||||||
16 | of Section 17-2.2d of the School Code; (o) made for | ||||||
17 | contributions to a firefighter's pension fund created under | ||||||
18 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
19 | amount certified under item (5) of Section 4-134 of the | ||||||
20 | Illinois Pension Code; and (p) made for road purposes in the | ||||||
21 | first year after a township assumes the rights, powers, duties, | ||||||
22 | assets, property, liabilities, obligations, and
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23 | responsibilities of a road district abolished under the | ||||||
24 | provisions of Section 6-133 of the Illinois Highway Code.
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25 | "Aggregate extension" for the taxing districts to which | ||||||
26 | this Law did not
apply before the 1995 levy year (except taxing |
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1 | districts subject to this Law
in
accordance with Section | ||||||
2 | 18-213) means the annual corporate extension for the
taxing | ||||||
3 | district and those special purpose extensions that are made | ||||||
4 | annually for
the taxing district, excluding special purpose | ||||||
5 | extensions: (a) made for the
taxing district to pay interest or | ||||||
6 | principal on general obligation bonds that
were approved by | ||||||
7 | referendum; (b) made for any taxing district to pay interest
or | ||||||
8 | principal on general obligation bonds issued before March 1, | ||||||
9 | 1995; (c) made
for any taxing district to pay interest or | ||||||
10 | principal on bonds issued to refund
or continue to refund those | ||||||
11 | bonds issued before March 1, 1995; (d) made for any
taxing | ||||||
12 | district to pay interest or principal on bonds issued to refund | ||||||
13 | or
continue to refund bonds issued after March 1, 1995 that | ||||||
14 | were approved by
referendum; (e) made for any taxing district | ||||||
15 | to pay interest or principal on
revenue bonds issued before | ||||||
16 | March 1, 1995 for payment of which a property tax
levy or the | ||||||
17 | full faith and credit of the unit of local government is | ||||||
18 | pledged;
however, a tax for the payment of interest or | ||||||
19 | principal on those bonds shall be
made only after the governing | ||||||
20 | body of the unit of local government finds that
all other | ||||||
21 | sources for payment are insufficient to make those payments; | ||||||
22 | (f) made
for payments under a building commission lease when | ||||||
23 | the lease payments are for
the retirement of bonds issued by | ||||||
24 | the commission before March 1, 1995 to
pay for the building | ||||||
25 | project; (g) made for payments due under installment
contracts | ||||||
26 | entered into before March 1, 1995; (h) made for payments of
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1 | principal and interest on bonds issued under the Metropolitan | ||||||
2 | Water Reclamation
District Act to finance construction | ||||||
3 | projects initiated before October 1,
1991; (h-4) made for | ||||||
4 | stormwater management purposes by the Metropolitan Water | ||||||
5 | Reclamation District of Greater Chicago under Section 12 of the | ||||||
6 | Metropolitan Water Reclamation District Act; (i) made for | ||||||
7 | payments of principal and interest on limited bonds,
as defined | ||||||
8 | in Section 3 of the Local Government Debt Reform Act, in an | ||||||
9 | amount
not to exceed the debt service extension base less the | ||||||
10 | amount in items (b),
(c), and (e) of this definition for | ||||||
11 | non-referendum obligations, except
obligations initially | ||||||
12 | issued pursuant to referendum and bonds described in
subsection | ||||||
13 | (h) of this definition; (j) made for payments of
principal and | ||||||
14 | interest on bonds issued under Section 15 of the Local | ||||||
15 | Government
Debt Reform Act; (k) made for payments of principal | ||||||
16 | and interest on bonds
authorized by Public Act 88-503 and | ||||||
17 | issued under Section 20a of the Chicago
Park District Act for | ||||||
18 | aquarium or
museum projects; (l) made for payments of principal | ||||||
19 | and interest on
bonds
authorized by Public Act 87-1191 or | ||||||
20 | 93-601 and (i) issued pursuant to Section 21.2 of the Cook | ||||||
21 | County Forest
Preserve District Act, (ii) issued under Section | ||||||
22 | 42 of the Cook County
Forest Preserve District Act for | ||||||
23 | zoological park projects, or (iii) issued
under Section 44.1 of | ||||||
24 | the Cook County Forest Preserve District Act for
botanical | ||||||
25 | gardens projects; (m) made
pursuant
to Section 34-53.5 of the | ||||||
26 | School Code, whether levied annually or not;
(n) made to fund |
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1 | expenses of providing joint recreational programs for the
| ||||||
2 | handicapped under Section 5-8 of the Park
District Code or | ||||||
3 | Section 11-95-14 of the Illinois Municipal Code;
(o) made by | ||||||
4 | the
Chicago Park
District for recreational programs for the | ||||||
5 | handicapped under subsection (c) of
Section
7.06 of the Chicago | ||||||
6 | Park District Act; (p) made for contributions to a | ||||||
7 | firefighter's pension fund created under Article 4 of the | ||||||
8 | Illinois Pension Code, to the extent of the amount certified | ||||||
9 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
10 | and (q) made by Ford Heights School District 169 under Section | ||||||
11 | 17-9.02 of the School Code.
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12 | "Aggregate extension" for all taxing districts to which | ||||||
13 | this Law applies in
accordance with Section 18-213, except for | ||||||
14 | those taxing districts subject to
paragraph (2) of subsection | ||||||
15 | (e) of Section 18-213, means the annual corporate
extension for | ||||||
16 | the
taxing district and those special purpose extensions that | ||||||
17 | are made annually for
the taxing district, excluding special | ||||||
18 | purpose extensions: (a) made for the
taxing district to pay | ||||||
19 | interest or principal on general obligation bonds that
were | ||||||
20 | approved by referendum; (b) made for any taxing district to pay | ||||||
21 | interest
or principal on general obligation bonds issued before | ||||||
22 | the date on which the
referendum making this
Law applicable to | ||||||
23 | the taxing district is held; (c) made
for any taxing district | ||||||
24 | to pay interest or principal on bonds issued to refund
or | ||||||
25 | continue to refund those bonds issued before the date on which | ||||||
26 | the
referendum making this Law
applicable to the taxing |
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1 | district is held;
(d) made for any
taxing district to pay | ||||||
2 | interest or principal on bonds issued to refund or
continue to | ||||||
3 | refund bonds issued after the date on which the referendum | ||||||
4 | making
this Law
applicable to the taxing district is held if | ||||||
5 | the bonds were approved by
referendum after the date on which | ||||||
6 | the referendum making this Law
applicable to the taxing | ||||||
7 | district is held; (e) made for any
taxing district to pay | ||||||
8 | interest or principal on
revenue bonds issued before the date | ||||||
9 | on which the referendum making this Law
applicable to the
| ||||||
10 | taxing district is held for payment of which a property tax
| ||||||
11 | levy or the full faith and credit of the unit of local | ||||||
12 | government is pledged;
however, a tax for the payment of | ||||||
13 | interest or principal on those bonds shall be
made only after | ||||||
14 | the governing body of the unit of local government finds that
| ||||||
15 | all other sources for payment are insufficient to make those | ||||||
16 | payments; (f) made
for payments under a building commission | ||||||
17 | lease when the lease payments are for
the retirement of bonds | ||||||
18 | issued by the commission before the date on which the
| ||||||
19 | referendum making this
Law applicable to the taxing district is | ||||||
20 | held to
pay for the building project; (g) made for payments due | ||||||
21 | under installment
contracts entered into before the date on | ||||||
22 | which the referendum making this Law
applicable to
the taxing | ||||||
23 | district is held;
(h) made for payments
of principal and | ||||||
24 | interest on limited bonds,
as defined in Section 3 of the Local | ||||||
25 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
26 | service extension base less the amount in items (b),
(c), and |
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1 | (e) of this definition for non-referendum obligations, except
| ||||||
2 | obligations initially issued pursuant to referendum; (i) made | ||||||
3 | for payments
of
principal and interest on bonds issued under | ||||||
4 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
5 | for a qualified airport authority to pay interest or principal | ||||||
6 | on
general obligation bonds issued for the purpose of paying | ||||||
7 | obligations due
under, or financing airport facilities | ||||||
8 | required to be acquired, constructed,
installed or equipped | ||||||
9 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
10 | not including any amendments to such a contract taking effect | ||||||
11 | on
or after that date); (k) made to fund expenses of providing | ||||||
12 | joint
recreational programs for the handicapped under Section | ||||||
13 | 5-8 of
the
Park District Code or Section 11-95-14 of the | ||||||
14 | Illinois Municipal Code; (l) made for contributions to a | ||||||
15 | firefighter's pension fund created under Article 4 of the | ||||||
16 | Illinois Pension Code, to the extent of the amount certified | ||||||
17 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
18 | and (m) made for the taxing district to pay interest or | ||||||
19 | principal on general obligation bonds issued pursuant to | ||||||
20 | Section 19-3.10 of the School Code.
| ||||||
21 | "Aggregate extension" for all taxing districts to which | ||||||
22 | this Law applies in
accordance with paragraph (2) of subsection | ||||||
23 | (e) of Section 18-213 means the
annual corporate extension for | ||||||
24 | the
taxing district and those special purpose extensions that | ||||||
25 | are made annually for
the taxing district, excluding special | ||||||
26 | purpose extensions: (a) made for the
taxing district to pay |
| |||||||
| |||||||
1 | interest or principal on general obligation bonds that
were | ||||||
2 | approved by referendum; (b) made for any taxing district to pay | ||||||
3 | interest
or principal on general obligation bonds issued before | ||||||
4 | the effective date of
this amendatory Act of 1997;
(c) made
for | ||||||
5 | any taxing district to pay interest or principal on bonds | ||||||
6 | issued to refund
or continue to refund those bonds issued | ||||||
7 | before the effective date
of this amendatory Act of 1997;
(d) | ||||||
8 | made for any
taxing district to pay interest or principal on | ||||||
9 | bonds issued to refund or
continue to refund bonds issued after | ||||||
10 | the effective date of this amendatory Act
of 1997 if the bonds | ||||||
11 | were approved by referendum after the effective date of
this | ||||||
12 | amendatory Act of 1997;
(e) made for any
taxing district to pay | ||||||
13 | interest or principal on
revenue bonds issued before the | ||||||
14 | effective date of this amendatory Act of 1997
for payment of | ||||||
15 | which a property tax
levy or the full faith and credit of the | ||||||
16 | unit of local government is pledged;
however, a tax for the | ||||||
17 | payment of interest or principal on those bonds shall be
made | ||||||
18 | only after the governing body of the unit of local government | ||||||
19 | finds that
all other sources for payment are insufficient to | ||||||
20 | make those payments; (f) made
for payments under a building | ||||||
21 | commission lease when the lease payments are for
the retirement | ||||||
22 | of bonds issued by the commission before the effective date
of | ||||||
23 | this amendatory Act of 1997
to
pay for the building project; | ||||||
24 | (g) made for payments due under installment
contracts entered | ||||||
25 | into before the effective date of this amendatory Act of
1997;
| ||||||
26 | (h) made for payments
of principal and interest on limited |
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| |||||||
1 | bonds,
as defined in Section 3 of the Local Government Debt | ||||||
2 | Reform Act, in an amount
not to exceed the debt service | ||||||
3 | extension base less the amount in items (b),
(c), and (e) of | ||||||
4 | this definition for non-referendum obligations, except
| ||||||
5 | obligations initially issued pursuant to referendum; (i) made | ||||||
6 | for payments
of
principal and interest on bonds issued under | ||||||
7 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
8 | for a qualified airport authority to pay interest or principal | ||||||
9 | on
general obligation bonds issued for the purpose of paying | ||||||
10 | obligations due
under, or financing airport facilities | ||||||
11 | required to be acquired, constructed,
installed or equipped | ||||||
12 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
13 | not including any amendments to such a contract taking effect | ||||||
14 | on
or after that date); (k) made to fund expenses of providing | ||||||
15 | joint
recreational programs for the handicapped under Section | ||||||
16 | 5-8 of
the
Park District Code or Section 11-95-14 of the | ||||||
17 | Illinois Municipal Code; and (l) made for contributions to a | ||||||
18 | firefighter's pension fund created under Article 4 of the | ||||||
19 | Illinois Pension Code, to the extent of the amount certified | ||||||
20 | under item (5) of Section 4-134 of the Illinois Pension Code.
| ||||||
21 | "Debt service extension base" means an amount equal to that | ||||||
22 | portion of the
extension for a taxing district for the 1994 | ||||||
23 | levy year, or for those taxing
districts subject to this Law in | ||||||
24 | accordance with Section 18-213, except for
those subject to | ||||||
25 | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| ||||||
26 | year in which the referendum making this Law applicable to the |
| |||||||
| |||||||
1 | taxing district
is held, or for those taxing districts subject | ||||||
2 | to this Law in accordance with
paragraph (2) of subsection (e) | ||||||
3 | of Section 18-213 for the 1996 levy year,
constituting an
| ||||||
4 | extension for payment of principal and interest on bonds issued | ||||||
5 | by the taxing
district without referendum, but not including | ||||||
6 | excluded non-referendum bonds. For park districts (i) that were | ||||||
7 | first
subject to this Law in 1991 or 1995 and (ii) whose | ||||||
8 | extension for the 1994 levy
year for the payment of principal | ||||||
9 | and interest on bonds issued by the park
district without | ||||||
10 | referendum (but not including excluded non-referendum bonds)
| ||||||
11 | was less than 51% of the amount for the 1991 levy year | ||||||
12 | constituting an
extension for payment of principal and interest | ||||||
13 | on bonds issued by the park
district without referendum (but | ||||||
14 | not including excluded non-referendum bonds),
"debt service | ||||||
15 | extension base" means an amount equal to that portion of the
| ||||||
16 | extension for the 1991 levy year constituting an extension for | ||||||
17 | payment of
principal and interest on bonds issued by the park | ||||||
18 | district without referendum
(but not including excluded | ||||||
19 | non-referendum bonds). A debt service extension base | ||||||
20 | established or increased at any time pursuant to any provision | ||||||
21 | of this Law, except Section 18-212, shall be increased each | ||||||
22 | year commencing with the later of (i) the 2009 levy year or | ||||||
23 | (ii) the first levy year in which this Law becomes applicable | ||||||
24 | to the taxing district, by the lesser of 5% or the percentage | ||||||
25 | increase in the Consumer Price Index during the 12-month | ||||||
26 | calendar year preceding the levy year. The debt service |
| |||||||
| |||||||
1 | extension
base may be established or increased as provided | ||||||
2 | under Section 18-212.
"Excluded non-referendum bonds" means | ||||||
3 | (i) bonds authorized by Public
Act 88-503 and issued under | ||||||
4 | Section 20a of the Chicago Park District Act for
aquarium and | ||||||
5 | museum projects; (ii) bonds issued under Section 15 of the
| ||||||
6 | Local Government Debt Reform Act; or (iii) refunding | ||||||
7 | obligations issued
to refund or to continue to refund | ||||||
8 | obligations initially issued pursuant to
referendum.
| ||||||
9 | "Special purpose extensions" include, but are not limited | ||||||
10 | to, extensions
for levies made on an annual basis for | ||||||
11 | unemployment and workers'
compensation, self-insurance, | ||||||
12 | contributions to pension plans, and extensions
made pursuant to | ||||||
13 | Section 6-601 of the Illinois Highway Code for a road
| ||||||
14 | district's permanent road fund whether levied annually or not. | ||||||
15 | The
extension for a special service area is not included in the
| ||||||
16 | aggregate extension.
| ||||||
17 | "Aggregate extension base" means the taxing district's | ||||||
18 | last preceding
aggregate extension as adjusted under Sections | ||||||
19 | 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 | ||||||
20 | shall be made for the 2007 levy year and all subsequent levy | ||||||
21 | years whenever one or more counties within which a taxing | ||||||
22 | district is located (i) used estimated valuations or rates when | ||||||
23 | extending taxes in the taxing district for the last preceding | ||||||
24 | levy year that resulted in the over or under extension of | ||||||
25 | taxes, or (ii) increased or decreased the tax extension for the | ||||||
26 | last preceding levy year as required by Section 18-135(c). |
| |||||||
| |||||||
1 | Whenever an adjustment is required under Section 18-135, the | ||||||
2 | aggregate extension base of the taxing district shall be equal | ||||||
3 | to the amount that the aggregate extension of the taxing | ||||||
4 | district would have been for the last preceding levy year if | ||||||
5 | either or both (i) actual, rather than estimated, valuations or | ||||||
6 | rates had been used to calculate the extension of taxes for the | ||||||
7 | last levy year, or (ii) the tax extension for the last | ||||||
8 | preceding levy year had not been adjusted as required by | ||||||
9 | subsection (c) of Section 18-135.
| ||||||
10 | Notwithstanding any other provision of law, for levy year | ||||||
11 | 2012, the aggregate extension base for West Northfield School | ||||||
12 | District No. 31 in Cook County shall be $12,654,592. | ||||||
13 | "Levy year" has the same meaning as "year" under Section
| ||||||
14 | 1-155.
| ||||||
15 | "New property" means (i) the assessed value, after final | ||||||
16 | board of review or
board of appeals action, of new improvements | ||||||
17 | or additions to existing
improvements on any parcel of real | ||||||
18 | property that increase the assessed value of
that real property | ||||||
19 | during the levy year multiplied by the equalization factor
| ||||||
20 | issued by the Department under Section 17-30, (ii) the assessed | ||||||
21 | value, after
final board of review or board of appeals action, | ||||||
22 | of real property not exempt
from real estate taxation, which | ||||||
23 | real property was exempt from real estate
taxation for any | ||||||
24 | portion of the immediately preceding levy year, multiplied by
| ||||||
25 | the equalization factor issued by the Department under Section | ||||||
26 | 17-30, including the assessed value, upon final stabilization |
| |||||||
| |||||||
1 | of occupancy after new construction is complete, of any real | ||||||
2 | property located within the boundaries of an otherwise or | ||||||
3 | previously exempt military reservation that is intended for | ||||||
4 | residential use and owned by or leased to a private corporation | ||||||
5 | or other entity,
(iii) in counties that classify in accordance | ||||||
6 | with Section 4 of Article
IX of the
Illinois Constitution, an | ||||||
7 | incentive property's additional assessed value
resulting from | ||||||
8 | a
scheduled increase in the level of assessment as applied to | ||||||
9 | the first year
final board of
review market value, and (iv) any | ||||||
10 | increase in assessed value due to oil or gas production from an | ||||||
11 | oil or gas well required to be permitted under the Hydraulic | ||||||
12 | Fracturing Regulatory Act that was not produced in or accounted | ||||||
13 | for during the previous levy year.
In addition, the county | ||||||
14 | clerk in a county containing a population of
3,000,000 or more | ||||||
15 | shall include in the 1997
recovered tax increment value for any | ||||||
16 | school district, any recovered tax
increment value that was | ||||||
17 | applicable to the 1995 tax year calculations.
| ||||||
18 | "Qualified airport authority" means an airport authority | ||||||
19 | organized under
the Airport Authorities Act and located in a | ||||||
20 | county bordering on the State of
Wisconsin and having a | ||||||
21 | population in excess of 200,000 and not greater than
500,000.
| ||||||
22 | "Recovered tax increment value" means, except as otherwise | ||||||
23 | provided in this
paragraph, the amount of the current year's | ||||||
24 | equalized assessed value, in the
first year after a | ||||||
25 | municipality terminates
the designation of an area as a | ||||||
26 | redevelopment project area previously
established under the |
| |||||||
| |||||||
1 | Tax Increment Allocation Development Act in the Illinois
| ||||||
2 | Municipal Code, previously established under the Industrial | ||||||
3 | Jobs Recovery Law
in the Illinois Municipal Code, previously | ||||||
4 | established under the Economic Development Project Area Tax | ||||||
5 | Increment Act of 1995, or previously established under the | ||||||
6 | Economic
Development Area Tax Increment Allocation Act, of each | ||||||
7 | taxable lot, block,
tract, or parcel of real property in the | ||||||
8 | redevelopment project area over and
above the initial equalized | ||||||
9 | assessed value of each property in the
redevelopment project | ||||||
10 | area.
For the taxes which are extended for the 1997 levy year, | ||||||
11 | the recovered tax
increment value for a non-home rule taxing | ||||||
12 | district that first became subject
to this Law for the 1995 | ||||||
13 | levy year because a majority of its 1994 equalized
assessed | ||||||
14 | value was in an affected county or counties shall be increased | ||||||
15 | if a
municipality terminated the designation of an area in 1993 | ||||||
16 | as a redevelopment
project area previously established under | ||||||
17 | the Tax Increment Allocation
Development Act in the Illinois | ||||||
18 | Municipal Code, previously established under
the Industrial | ||||||
19 | Jobs Recovery Law in the Illinois Municipal Code, or previously
| ||||||
20 | established under the Economic Development Area Tax Increment | ||||||
21 | Allocation Act,
by an amount equal to the 1994 equalized | ||||||
22 | assessed value of each taxable lot,
block, tract, or parcel of | ||||||
23 | real property in the redevelopment project area over
and above | ||||||
24 | the initial equalized assessed value of each property in the
| ||||||
25 | redevelopment project area.
In the first year after a | ||||||
26 | municipality
removes a taxable lot, block, tract, or parcel of |
| |||||||
| |||||||
1 | real property from a
redevelopment project area established | ||||||
2 | under the Tax Increment Allocation
Development Act in the | ||||||
3 | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in | ||||||
4 | the Illinois Municipal Code, or the Economic
Development Area | ||||||
5 | Tax Increment Allocation Act, "recovered tax increment value"
| ||||||
6 | means the amount of the current year's equalized assessed value | ||||||
7 | of each taxable
lot, block, tract, or parcel of real property | ||||||
8 | removed from the redevelopment
project area over and above the | ||||||
9 | initial equalized assessed value of that real
property before | ||||||
10 | removal from the redevelopment project area.
| ||||||
11 | Except as otherwise provided in this Section, "limiting | ||||||
12 | rate" means a
fraction the numerator of which is the last
| ||||||
13 | preceding aggregate extension base times an amount equal to one | ||||||
14 | plus the
extension limitation defined in this Section and the | ||||||
15 | denominator of which
is the current year's equalized assessed | ||||||
16 | value of all real property in the
territory under the | ||||||
17 | jurisdiction of the taxing district during the prior
levy year. | ||||||
18 | For those taxing districts that reduced their aggregate
| ||||||
19 | extension for the last preceding levy year, the highest | ||||||
20 | aggregate extension
in any of the last 3 preceding levy years | ||||||
21 | shall be used for the purpose of
computing the limiting rate. | ||||||
22 | The denominator shall not include new
property or the recovered | ||||||
23 | tax increment
value.
If a new rate, a rate decrease, or a | ||||||
24 | limiting rate increase has been approved at an election held | ||||||
25 | after March 21, 2006, then (i) the otherwise applicable | ||||||
26 | limiting rate shall be increased by the amount of the new rate |
| |||||||
| |||||||
1 | or shall be reduced by the amount of the rate decrease, as the | ||||||
2 | case may be, or (ii) in the case of a limiting rate increase, | ||||||
3 | the limiting rate shall be equal to the rate set forth
in the | ||||||
4 | proposition approved by the voters for each of the years | ||||||
5 | specified in the proposition, after
which the limiting rate of | ||||||
6 | the taxing district shall be calculated as otherwise provided. | ||||||
7 | In the case of a taxing district that obtained referendum | ||||||
8 | approval for an increased limiting rate on March 20, 2012, the | ||||||
9 | limiting rate for tax year 2012 shall be the rate that | ||||||
10 | generates the approximate total amount of taxes extendable for | ||||||
11 | that tax year, as set forth in the proposition approved by the | ||||||
12 | voters; this rate shall be the final rate applied by the county | ||||||
13 | clerk for the aggregate of all capped funds of the district for | ||||||
14 | tax year 2012.
| ||||||
15 | (Source: P.A. 97-611, eff. 1-1-12; 97-1154, eff. 1-25-13; 98-6, | ||||||
16 | eff. 3-29-13; 98-23, eff. 6-17-13.)
| ||||||
17 | (35 ILCS 200/18-205)
| ||||||
18 | Sec. 18-205. Referendum to increase the extension | ||||||
19 | limitation. A taxing
district is limited to an extension | ||||||
20 | limitation as defined in Section 18-185 of 5% or the percentage | ||||||
21 | increase
in the Consumer Price Index during the 12-month | ||||||
22 | calendar year preceding the
levy year, whichever is less . A | ||||||
23 | taxing district may increase its extension
limitation for one | ||||||
24 | or more levy years if that taxing district holds a referendum
| ||||||
25 | before the levy date for the first levy year at which a |
| |||||||
| |||||||
1 | majority of voters voting on the issue approves
adoption of a | ||||||
2 | higher extension limitation. Referenda shall be conducted at a
| ||||||
3 | regularly scheduled election in accordance with the Election | ||||||
4 | Code. The question shall be presented in
substantially the | ||||||
5 | following manner for all elections held after March 21, 2006:
| ||||||
6 | Shall the extension limitation under the Property Tax | ||||||
7 | Extension Limitation Law for (insert the legal name, | ||||||
8 | number, if any, and county or counties of the taxing | ||||||
9 | district and geographic or other common name by which a | ||||||
10 | school or community college district is known and referred | ||||||
11 | to), Illinois, be increased from (applicable extension | ||||||
12 | limitation) the lesser of 5% or the percentage increase in | ||||||
13 | the Consumer Price Index over the prior levy year to | ||||||
14 | (insert the percentage of the proposed increase)% per year | ||||||
15 | for (insert each levy year for which the increased | ||||||
16 | extension limitation will apply)? | ||||||
17 | The votes must be recorded as "Yes" or "No".
| ||||||
18 | If a majority of voters voting on the issue approves the | ||||||
19 | adoption of
the increase, the increase shall be applicable for | ||||||
20 | each
levy year specified.
| ||||||
21 | The ballot for any question submitted pursuant to this | ||||||
22 | Section shall have printed thereon, but not as a part of the | ||||||
23 | question submitted, only the following supplemental | ||||||
24 | information (which shall be supplied to the election authority | ||||||
25 | by the taxing district) in substantially the following form: | ||||||
26 | (1) For the (insert the first levy year for which the |
| |||||||
| |||||||
1 | increased extension
limitation will be applicable) levy | ||||||
2 | year the approximate amount of the additional tax
| ||||||
3 | extendable against property containing a single family | ||||||
4 | residence and having a fair market
value at the time of the | ||||||
5 | referendum of $100,000 is estimated to be $.... | ||||||
6 | (2) Based upon an average annual percentage increase | ||||||
7 | (or decrease) in the
market value of such property of ...% | ||||||
8 | (insert percentage equal to the average
annual percentage | ||||||
9 | increase or decrease for the prior 3 levy years, at the | ||||||
10 | time the
submission of the question is initiated by the | ||||||
11 | taxing district, in the amount of (A) the
equalized | ||||||
12 | assessed value of the taxable property in the taxing | ||||||
13 | district less (B) the new
property included in the | ||||||
14 | equalized assessed value), the approximate amount of the
| ||||||
15 | additional tax extendable against such property for the ... | ||||||
16 | levy year is estimated to be
$... and for the ... levy year | ||||||
17 | is estimated to be $.... | ||||||
18 | Paragraph (2) shall be included only if the increased | ||||||
19 | extension limitation will be applicable for more than one year | ||||||
20 | and shall list each levy year for which the increased extension | ||||||
21 | limitation will be applicable. The additional tax shown for | ||||||
22 | each levy year shall be the approximate dollar amount of the | ||||||
23 | increase over the amount of the most recently completed | ||||||
24 | extension at the time the submission of the question is | ||||||
25 | initiated by the taxing district. The approximate amount of the | ||||||
26 | additional tax extendable shown in paragraphs (1) and (2) shall |
| |||||||
| |||||||
1 | be calculated by multiplying $100,000 (the fair market value of | ||||||
2 | the property without regard to any property tax exemptions) by | ||||||
3 | (i) the percentage level of assessment prescribed for that | ||||||
4 | property by statute, or by ordinance of the county board in | ||||||
5 | counties that classify property for purposes of taxation in | ||||||
6 | accordance with Section 4 of Article IX of the Illinois | ||||||
7 | Constitution; (ii) the most recent final equalization factor | ||||||
8 | certified to the county clerk by the Department of Revenue at | ||||||
9 | the time the taxing district initiates the submission of the | ||||||
10 | proposition to the electors; (iii) the last known aggregate | ||||||
11 | extension base of the taxing district at the time the | ||||||
12 | submission of the question is initiated by the taxing district; | ||||||
13 | and (iv) the difference between the percentage increase | ||||||
14 | proposed in the question and (i) for tax years other than 2015, | ||||||
15 | 2016, and 2017, the lesser of 5% or the percentage increase in | ||||||
16 | the Consumer Price Index for the prior levy year (or an | ||||||
17 | estimate of the percentage increase for the prior levy year if | ||||||
18 | the increase is unavailable at the time the submission of the | ||||||
19 | question is initiated by the taxing district) or (ii) for tax | ||||||
20 | years 2015, 2016, and 2017, 0% ; and dividing the result by the | ||||||
21 | last known equalized assessed value of the taxing district at | ||||||
22 | the time the submission of the question is initiated by the | ||||||
23 | taxing district. This amendatory Act of the 97th General | ||||||
24 | Assembly is intended to clarify the existing requirements of | ||||||
25 | this Section, and shall not be construed to validate any prior | ||||||
26 | non-compliant referendum language. Any notice required to be |
| |||||||
| |||||||
1 | published in connection with the submission of the question | ||||||
2 | shall also contain this supplemental information and shall not | ||||||
3 | contain any other supplemental information. Any error, | ||||||
4 | miscalculation, or inaccuracy in computing any amount set forth | ||||||
5 | on the ballot or in the notice that is not deliberate shall not | ||||||
6 | invalidate or affect the validity of any proposition approved. | ||||||
7 | Notice of the referendum shall be published and posted as | ||||||
8 | otherwise required by law, and the submission of the question | ||||||
9 | shall be initiated as provided by law.
| ||||||
10 | (Source: P.A. 97-1087, eff. 8-24-12.)
| ||||||
11 | Section 99. Effective date. This Act takes effect upon | ||||||
12 | becoming law.
|