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SB1750 Engrossed |
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LRB096 08969 HLH 19107 b |
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| AN ACT concerning revenue.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing |
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| Section 18-185 as follows:
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| (35 ILCS 200/18-185)
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| Sec. 18-185. Short title; definitions. This Division 5 may |
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| be cited as the
Property Tax Extension Limitation Law. As used |
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| in this Division 5:
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| "Consumer Price Index" means the Consumer Price Index for |
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| All Urban
Consumers for all items published by the United |
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| States Department of Labor.
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| "Extension limitation" means (a) the lesser of 5% or the |
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| percentage increase
in the Consumer Price Index during the |
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| 12-month calendar year preceding the
levy year or (b) the rate |
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| of increase approved by voters under Section 18-205.
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| "Affected county" means a county of 3,000,000 or more |
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| inhabitants or a
county contiguous to a county of 3,000,000 or |
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| more inhabitants.
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| "Taxing district" has the same meaning provided in Section |
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| 1-150, except as
otherwise provided in this Section. For the |
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| 1991 through 1994 levy years only,
"taxing district" includes |
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| only each non-home rule taxing district having the
majority of |
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SB1750 Engrossed |
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LRB096 08969 HLH 19107 b |
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| its
1990 equalized assessed value within any county or counties |
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| contiguous to a
county with 3,000,000 or more inhabitants. |
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| Beginning with the 1995 levy
year, "taxing district" includes |
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| only each non-home rule taxing district
subject to this Law |
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| before the 1995 levy year and each non-home rule
taxing |
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| district not subject to this Law before the 1995 levy year |
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| having the
majority of its 1994 equalized assessed value in an |
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| affected county or
counties. Beginning with the levy year in
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| which this Law becomes applicable to a taxing district as
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| provided in Section 18-213, "taxing district" also includes |
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| those taxing
districts made subject to this Law as provided in |
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| Section 18-213.
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| "Aggregate extension" for taxing districts to which this |
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| Law applied before
the 1995 levy year means the annual |
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| corporate extension for the taxing
district and those special |
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| purpose extensions that are made annually for
the taxing |
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| district, excluding special purpose extensions: (a) made for |
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| the
taxing district to pay interest or principal on general |
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| obligation bonds
that were approved by referendum; (b) made for |
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| any taxing district to pay
interest or principal on general |
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| obligation bonds issued before October 1,
1991; (c) made for |
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| any taxing district to pay interest or principal on bonds
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| issued to refund or continue to refund those bonds issued |
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| before October 1,
1991; (d)
made for any taxing district to pay |
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| interest or principal on bonds
issued to refund or continue to |
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| refund bonds issued after October 1, 1991 that
were approved by |
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SB1750 Engrossed |
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LRB096 08969 HLH 19107 b |
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| referendum; (e)
made for any taxing district to pay interest
or |
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| principal on revenue bonds issued before October 1, 1991 for |
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| payment of
which a property tax levy or the full faith and |
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| credit of the unit of local
government is pledged; however, a |
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| tax for the payment of interest or principal
on those bonds |
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| shall be made only after the governing body of the unit of |
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| local
government finds that all other sources for payment are |
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| insufficient to make
those payments; (f) made for payments |
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| under a building commission lease when
the lease payments are |
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| for the retirement of bonds issued by the commission
before |
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| October 1, 1991, to pay for the building project; (g) made for |
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| payments
due under installment contracts entered into before |
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| October 1, 1991;
(h) made for payments of principal and |
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| interest on bonds issued under the
Metropolitan Water |
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| Reclamation District Act to finance construction projects
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| initiated before October 1, 1991; (i) made for payments of |
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| principal and
interest on limited bonds, as defined in Section |
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| 3 of the Local Government Debt
Reform Act, in an amount not to |
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| exceed the debt service extension base less
the amount in items |
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| (b), (c), (e), and (h) of this definition for
non-referendum |
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| obligations, except obligations initially issued pursuant to
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| referendum; (j) made for payments of principal and interest on |
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| bonds
issued under Section 15 of the Local Government Debt |
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| Reform Act; (k)
made
by a school district that participates in |
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| the Special Education District of
Lake County, created by |
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| special education joint agreement under Section
10-22.31 of the |
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SB1750 Engrossed |
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LRB096 08969 HLH 19107 b |
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| School Code, for payment of the school district's share of the
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| amounts required to be contributed by the Special Education |
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| District of Lake
County to the Illinois Municipal Retirement |
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| Fund under Article 7 of the
Illinois Pension Code; the amount |
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| of any extension under this item (k) shall be
certified by the |
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| school district to the county clerk; (l) made to fund
expenses |
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| of providing joint recreational programs for the handicapped |
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| under
Section 5-8 of
the
Park District Code or Section 11-95-14 |
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| of the Illinois Municipal Code; (m) made for temporary |
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| relocation loan repayment purposes pursuant to Sections 2-3.77 |
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| and 17-2.2d of the School Code; (n) made for payment of |
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| principal and interest on any bonds issued under the authority |
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| of Section 17-2.2d of the School Code; and (o) made for |
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| contributions to a firefighter's pension fund created under |
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| Article 4 of the Illinois Pension Code, to the extent of the |
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| amount certified under item (5) of Section 4-134 of the |
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| Illinois Pension Code; and (p) made for community mental health |
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| purposes as provided in the Community Mental Health Act.
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| "Aggregate extension" for the taxing districts to which |
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| this Law did not
apply before the 1995 levy year (except taxing |
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| districts subject to this Law
in
accordance with Section |
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| 18-213) means the annual corporate extension for the
taxing |
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| district and those special purpose extensions that are made |
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| annually for
the taxing district, excluding special purpose |
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| extensions: (a) made for the
taxing district to pay interest or |
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| principal on general obligation bonds that
were approved by |
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SB1750 Engrossed |
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LRB096 08969 HLH 19107 b |
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| referendum; (b) made for any taxing district to pay interest
or |
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| principal on general obligation bonds issued before March 1, |
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| 1995; (c) made
for any taxing district to pay interest or |
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| principal on bonds issued to refund
or continue to refund those |
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| bonds issued before March 1, 1995; (d) made for any
taxing |
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| district to pay interest or principal on bonds issued to refund |
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| or
continue to refund bonds issued after March 1, 1995 that |
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| were approved by
referendum; (e) made for any taxing district |
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| to pay interest or principal on
revenue bonds issued before |
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| March 1, 1995 for payment of which a property tax
levy or the |
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| full faith and credit of the unit of local government is |
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| pledged;
however, a tax for the payment of interest or |
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| principal on those bonds shall be
made only after the governing |
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| body of the unit of local government finds that
all other |
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| sources for payment are insufficient to make those payments; |
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| (f) made
for payments under a building commission lease when |
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| the lease payments are for
the retirement of bonds issued by |
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| the commission before March 1, 1995 to
pay for the building |
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| project; (g) made for payments due under installment
contracts |
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| entered into before March 1, 1995; (h) made for payments of
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| principal and interest on bonds issued under the Metropolitan |
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| Water Reclamation
District Act to finance construction |
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| projects initiated before October 1,
1991; (h-4) made for |
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| stormwater management purposes by the Metropolitan Water |
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| Reclamation District of Greater Chicago under Section 12 of the |
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| Metropolitan Water Reclamation District Act; (i) made for |
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SB1750 Engrossed |
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LRB096 08969 HLH 19107 b |
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| payments of principal and interest on limited bonds,
as defined |
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| in Section 3 of the Local Government Debt Reform Act, in an |
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| amount
not to exceed the debt service extension base less the |
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| amount in items (b),
(c), and (e) of this definition for |
| 5 |
| non-referendum obligations, except
obligations initially |
| 6 |
| issued pursuant to referendum and bonds described in
subsection |
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| (h) of this definition; (j) made for payments of
principal and |
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| interest on bonds issued under Section 15 of the Local |
| 9 |
| Government
Debt Reform Act; (k) made for payments of principal |
| 10 |
| and interest on bonds
authorized by Public Act 88-503 and |
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| issued under Section 20a of the Chicago
Park District Act for |
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| aquarium or
museum projects; (l) made for payments of principal |
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| and interest on
bonds
authorized by Public Act 87-1191 or |
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| 93-601 and (i) issued pursuant to Section 21.2 of the Cook |
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| County Forest
Preserve District Act, (ii) issued under Section |
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| 42 of the Cook County
Forest Preserve District Act for |
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| zoological park projects, or (iii) issued
under Section 44.1 of |
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| the Cook County Forest Preserve District Act for
botanical |
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| gardens projects; (m) made
pursuant
to Section 34-53.5 of the |
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| School Code, whether levied annually or not;
(n) made to fund |
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| expenses of providing joint recreational programs for the
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| handicapped under Section 5-8 of the Park
District Code or |
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| Section 11-95-14 of the Illinois Municipal Code;
(o) made by |
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| the
Chicago Park
District for recreational programs for the |
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| handicapped under subsection (c) of
Section
7.06 of the Chicago |
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| Park District Act; (p) made for contributions to a |
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SB1750 Engrossed |
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LRB096 08969 HLH 19107 b |
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| firefighter's pension fund created under Article 4 of the |
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| Illinois Pension Code, to the extent of the amount certified |
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| under item (5) of Section 4-134 of the Illinois Pension Code; |
| 4 |
| and (q) made by Ford Heights School District 169 under Section |
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| 17-9.02 of the School Code; and (r) made for community mental |
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| health purposes as provided in the Community Mental Health Act.
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| "Aggregate extension" for all taxing districts to which |
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| this Law applies in
accordance with Section 18-213, except for |
| 9 |
| those taxing districts subject to
paragraph (2) of subsection |
| 10 |
| (e) of Section 18-213, means the annual corporate
extension for |
| 11 |
| the
taxing district and those special purpose extensions that |
| 12 |
| are made annually for
the taxing district, excluding special |
| 13 |
| purpose extensions: (a) made for the
taxing district to pay |
| 14 |
| interest or principal on general obligation bonds that
were |
| 15 |
| approved by referendum; (b) made for any taxing district to pay |
| 16 |
| interest
or principal on general obligation bonds issued before |
| 17 |
| the date on which the
referendum making this
Law applicable to |
| 18 |
| the taxing district is held; (c) made
for any taxing district |
| 19 |
| to pay interest or principal on bonds issued to refund
or |
| 20 |
| continue to refund those bonds issued before the date on which |
| 21 |
| the
referendum making this Law
applicable to the taxing |
| 22 |
| district is held;
(d) made for any
taxing district to pay |
| 23 |
| interest or principal on bonds issued to refund or
continue to |
| 24 |
| refund bonds issued after the date on which the referendum |
| 25 |
| making
this Law
applicable to the taxing district is held if |
| 26 |
| the bonds were approved by
referendum after the date on which |
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SB1750 Engrossed |
- 8 - |
LRB096 08969 HLH 19107 b |
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| the referendum making this Law
applicable to the taxing |
| 2 |
| district is held; (e) made for any
taxing district to pay |
| 3 |
| interest or principal on
revenue bonds issued before the date |
| 4 |
| on which the referendum making this Law
applicable to the
|
| 5 |
| taxing district is held for payment of which a property tax
|
| 6 |
| levy or the full faith and credit of the unit of local |
| 7 |
| government is pledged;
however, a tax for the payment of |
| 8 |
| interest or principal on those bonds shall be
made only after |
| 9 |
| the governing body of the unit of local government finds that
|
| 10 |
| all other sources for payment are insufficient to make those |
| 11 |
| payments; (f) made
for payments under a building commission |
| 12 |
| lease when the lease payments are for
the retirement of bonds |
| 13 |
| issued by the commission before the date on which the
|
| 14 |
| referendum making this
Law applicable to the taxing district is |
| 15 |
| held to
pay for the building project; (g) made for payments due |
| 16 |
| under installment
contracts entered into before the date on |
| 17 |
| which the referendum making this Law
applicable to
the taxing |
| 18 |
| district is held;
(h) made for payments
of principal and |
| 19 |
| interest on limited bonds,
as defined in Section 3 of the Local |
| 20 |
| Government Debt Reform Act, in an amount
not to exceed the debt |
| 21 |
| service extension base less the amount in items (b),
(c), and |
| 22 |
| (e) of this definition for non-referendum obligations, except
|
| 23 |
| obligations initially issued pursuant to referendum; (i) made |
| 24 |
| for payments
of
principal and interest on bonds issued under |
| 25 |
| Section 15 of the Local Government
Debt Reform Act;
(j)
made |
| 26 |
| for a qualified airport authority to pay interest or principal |
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SB1750 Engrossed |
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LRB096 08969 HLH 19107 b |
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| 1 |
| on
general obligation bonds issued for the purpose of paying |
| 2 |
| obligations due
under, or financing airport facilities |
| 3 |
| required to be acquired, constructed,
installed or equipped |
| 4 |
| pursuant to, contracts entered into before March
1, 1996 (but |
| 5 |
| not including any amendments to such a contract taking effect |
| 6 |
| on
or after that date); (k) made to fund expenses of providing |
| 7 |
| joint
recreational programs for the handicapped under Section |
| 8 |
| 5-8 of
the
Park District Code or Section 11-95-14 of the |
| 9 |
| Illinois Municipal Code; and (l) made for contributions to a |
| 10 |
| firefighter's pension fund created under Article 4 of the |
| 11 |
| Illinois Pension Code, to the extent of the amount certified |
| 12 |
| under item (5) of Section 4-134 of the Illinois Pension Code; |
| 13 |
| and (m) made for community mental health purposes as provided |
| 14 |
| in the Community Mental Health Act.
|
| 15 |
| "Aggregate extension" for all taxing districts to which |
| 16 |
| this Law applies in
accordance with paragraph (2) of subsection |
| 17 |
| (e) of Section 18-213 means the
annual corporate extension for |
| 18 |
| the
taxing district and those special purpose extensions that |
| 19 |
| are made annually for
the taxing district, excluding special |
| 20 |
| purpose extensions: (a) made for the
taxing district to pay |
| 21 |
| interest or principal on general obligation bonds that
were |
| 22 |
| approved by referendum; (b) made for any taxing district to pay |
| 23 |
| interest
or principal on general obligation bonds issued before |
| 24 |
| the effective date of
this amendatory Act of 1997;
(c) made
for |
| 25 |
| any taxing district to pay interest or principal on bonds |
| 26 |
| issued to refund
or continue to refund those bonds issued |
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SB1750 Engrossed |
- 10 - |
LRB096 08969 HLH 19107 b |
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| 1 |
| before the effective date
of this amendatory Act of 1997;
(d) |
| 2 |
| made for any
taxing district to pay interest or principal on |
| 3 |
| bonds issued to refund or
continue to refund bonds issued after |
| 4 |
| the effective date of this amendatory Act
of 1997 if the bonds |
| 5 |
| were approved by referendum after the effective date of
this |
| 6 |
| amendatory Act of 1997;
(e) made for any
taxing district to pay |
| 7 |
| interest or principal on
revenue bonds issued before the |
| 8 |
| effective date of this amendatory Act of 1997
for payment of |
| 9 |
| which a property tax
levy or the full faith and credit of the |
| 10 |
| unit of local government is pledged;
however, a tax for the |
| 11 |
| payment of interest or principal on those bonds shall be
made |
| 12 |
| only after the governing body of the unit of local government |
| 13 |
| finds that
all other sources for payment are insufficient to |
| 14 |
| make those payments; (f) made
for payments under a building |
| 15 |
| commission lease when the lease payments are for
the retirement |
| 16 |
| of bonds issued by the commission before the effective date
of |
| 17 |
| this amendatory Act of 1997
to
pay for the building project; |
| 18 |
| (g) made for payments due under installment
contracts entered |
| 19 |
| into before the effective date of this amendatory Act of
1997;
|
| 20 |
| (h) made for payments
of principal and interest on limited |
| 21 |
| bonds,
as defined in Section 3 of the Local Government Debt |
| 22 |
| Reform Act, in an amount
not to exceed the debt service |
| 23 |
| extension base less the amount in items (b),
(c), and (e) of |
| 24 |
| this definition for non-referendum obligations, except
|
| 25 |
| obligations initially issued pursuant to referendum; (i) made |
| 26 |
| for payments
of
principal and interest on bonds issued under |
|
|
|
SB1750 Engrossed |
- 11 - |
LRB096 08969 HLH 19107 b |
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|
| 1 |
| Section 15 of the Local Government
Debt Reform Act;
(j)
made |
| 2 |
| for a qualified airport authority to pay interest or principal |
| 3 |
| on
general obligation bonds issued for the purpose of paying |
| 4 |
| obligations due
under, or financing airport facilities |
| 5 |
| required to be acquired, constructed,
installed or equipped |
| 6 |
| pursuant to, contracts entered into before March
1, 1996 (but |
| 7 |
| not including any amendments to such a contract taking effect |
| 8 |
| on
or after that date); (k) made to fund expenses of providing |
| 9 |
| joint
recreational programs for the handicapped under Section |
| 10 |
| 5-8 of
the
Park District Code or Section 11-95-14 of the |
| 11 |
| Illinois Municipal Code; and (l) made for contributions to a |
| 12 |
| firefighter's pension fund created under Article 4 of the |
| 13 |
| Illinois Pension Code, to the extent of the amount certified |
| 14 |
| under item (5) of Section 4-134 of the Illinois Pension Code; |
| 15 |
| and (m) made for community mental health purposes as provided |
| 16 |
| in the Community Mental Health Act.
|
| 17 |
| "Debt service extension base" means an amount equal to that |
| 18 |
| portion of the
extension for a taxing district for the 1994 |
| 19 |
| levy year, or for those taxing
districts subject to this Law in |
| 20 |
| accordance with Section 18-213, except for
those subject to |
| 21 |
| paragraph (2) of subsection (e) of Section 18-213, for the
levy
|
| 22 |
| year in which the referendum making this Law applicable to the |
| 23 |
| taxing district
is held, or for those taxing districts subject |
| 24 |
| to this Law in accordance with
paragraph (2) of subsection (e) |
| 25 |
| of Section 18-213 for the 1996 levy year,
constituting an
|
| 26 |
| extension for payment of principal and interest on bonds issued |
|
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|
SB1750 Engrossed |
- 12 - |
LRB096 08969 HLH 19107 b |
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| 1 |
| by the taxing
district without referendum, but not including |
| 2 |
| excluded non-referendum bonds. For park districts (i) that were |
| 3 |
| first
subject to this Law in 1991 or 1995 and (ii) whose |
| 4 |
| extension for the 1994 levy
year for the payment of principal |
| 5 |
| and interest on bonds issued by the park
district without |
| 6 |
| referendum (but not including excluded non-referendum bonds)
|
| 7 |
| was less than 51% of the amount for the 1991 levy year |
| 8 |
| constituting an
extension for payment of principal and interest |
| 9 |
| on bonds issued by the park
district without referendum (but |
| 10 |
| not including excluded non-referendum bonds),
"debt service |
| 11 |
| extension base" means an amount equal to that portion of the
|
| 12 |
| extension for the 1991 levy year constituting an extension for |
| 13 |
| payment of
principal and interest on bonds issued by the park |
| 14 |
| district without referendum
(but not including excluded |
| 15 |
| non-referendum bonds). The debt service extension
base may be |
| 16 |
| established or increased as provided under Section 18-212.
|
| 17 |
| "Excluded non-referendum bonds" means (i) bonds authorized by |
| 18 |
| Public
Act 88-503 and issued under Section 20a of the Chicago |
| 19 |
| Park District Act for
aquarium and museum projects; (ii) bonds |
| 20 |
| issued under Section 15 of the
Local Government Debt Reform |
| 21 |
| Act; or (iii) refunding obligations issued
to refund or to |
| 22 |
| continue to refund obligations initially issued pursuant to
|
| 23 |
| referendum.
|
| 24 |
| "Special purpose extensions" include, but are not limited |
| 25 |
| to, extensions
for levies made on an annual basis for |
| 26 |
| unemployment and workers'
compensation, self-insurance, |
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|
SB1750 Engrossed |
- 13 - |
LRB096 08969 HLH 19107 b |
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| 1 |
| contributions to pension plans, and extensions
made pursuant to |
| 2 |
| Section 6-601 of the Illinois Highway Code for a road
|
| 3 |
| district's permanent road fund whether levied annually or not. |
| 4 |
| The
extension for a special service area is not included in the
|
| 5 |
| aggregate extension.
|
| 6 |
| "Aggregate extension base" means the taxing district's |
| 7 |
| last preceding
aggregate extension as adjusted under Sections |
| 8 |
| 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 |
| 9 |
| shall be made for the 2007 levy year and all subsequent levy |
| 10 |
| years whenever one or more counties within which a taxing |
| 11 |
| district is located (i) used estimated valuations or rates when |
| 12 |
| extending taxes in the taxing district for the last preceding |
| 13 |
| levy year that resulted in the over or under extension of |
| 14 |
| taxes, or (ii) increased or decreased the tax extension for the |
| 15 |
| last preceding levy year as required by Section 18-135(c). |
| 16 |
| Whenever an adjustment is required under Section 18-135, the |
| 17 |
| aggregate extension base of the taxing district shall be equal |
| 18 |
| to the amount that the aggregate extension of the taxing |
| 19 |
| district would have been for the last preceding levy year if |
| 20 |
| either or both (i) actual, rather than estimated, valuations or |
| 21 |
| rates had been used to calculate the extension of taxes for the |
| 22 |
| last levy year, or (ii) the tax extension for the last |
| 23 |
| preceding levy year had not been adjusted as required by |
| 24 |
| subsection (c) of Section 18-135.
|
| 25 |
| "Levy year" has the same meaning as "year" under Section
|
| 26 |
| 1-155.
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| "New property" means (i) the assessed value, after final |
| 2 |
| board of review or
board of appeals action, of new improvements |
| 3 |
| or additions to existing
improvements on any parcel of real |
| 4 |
| property that increase the assessed value of
that real property |
| 5 |
| during the levy year multiplied by the equalization factor
|
| 6 |
| issued by the Department under Section 17-30, (ii) the assessed |
| 7 |
| value, after
final board of review or board of appeals action, |
| 8 |
| of real property not exempt
from real estate taxation, which |
| 9 |
| real property was exempt from real estate
taxation for any |
| 10 |
| portion of the immediately preceding levy year, multiplied by
|
| 11 |
| the equalization factor issued by the Department under Section |
| 12 |
| 17-30, including the assessed value, upon final stabilization |
| 13 |
| of occupancy after new construction is complete, of any real |
| 14 |
| property located within the boundaries of an otherwise or |
| 15 |
| previously exempt military reservation that is intended for |
| 16 |
| residential use and owned by or leased to a private corporation |
| 17 |
| or other entity, and
(iii) in counties that classify in |
| 18 |
| accordance with Section 4 of Article
IX of the
Illinois |
| 19 |
| Constitution, an incentive property's additional assessed |
| 20 |
| value
resulting from a
scheduled increase in the level of |
| 21 |
| assessment as applied to the first year
final board of
review |
| 22 |
| market value.
In addition, the county clerk in a county |
| 23 |
| containing a population of
3,000,000 or more shall include in |
| 24 |
| the 1997
recovered tax increment value for any school district, |
| 25 |
| any recovered tax
increment value that was applicable to the |
| 26 |
| 1995 tax year calculations.
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LRB096 08969 HLH 19107 b |
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| 1 |
| "Qualified airport authority" means an airport authority |
| 2 |
| organized under
the Airport Authorities Act and located in a |
| 3 |
| county bordering on the State of
Wisconsin and having a |
| 4 |
| population in excess of 200,000 and not greater than
500,000.
|
| 5 |
| "Recovered tax increment value" means, except as otherwise |
| 6 |
| provided in this
paragraph, the amount of the current year's |
| 7 |
| equalized assessed value, in the
first year after a |
| 8 |
| municipality terminates
the designation of an area as a |
| 9 |
| redevelopment project area previously
established under the |
| 10 |
| Tax Increment Allocation Development Act in the Illinois
|
| 11 |
| Municipal Code, previously established under the Industrial |
| 12 |
| Jobs Recovery Law
in the Illinois Municipal Code, previously |
| 13 |
| established under the Economic Development Project Area Tax |
| 14 |
| Increment Act of 1995, or previously established under the |
| 15 |
| Economic
Development Area Tax Increment Allocation Act, of each |
| 16 |
| taxable lot, block,
tract, or parcel of real property in the |
| 17 |
| redevelopment project area over and
above the initial equalized |
| 18 |
| assessed value of each property in the
redevelopment project |
| 19 |
| area.
For the taxes which are extended for the 1997 levy year, |
| 20 |
| the recovered tax
increment value for a non-home rule taxing |
| 21 |
| district that first became subject
to this Law for the 1995 |
| 22 |
| levy year because a majority of its 1994 equalized
assessed |
| 23 |
| value was in an affected county or counties shall be increased |
| 24 |
| if a
municipality terminated the designation of an area in 1993 |
| 25 |
| as a redevelopment
project area previously established under |
| 26 |
| the Tax Increment Allocation
Development Act in the Illinois |
|
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| 1 |
| Municipal Code, previously established under
the Industrial |
| 2 |
| Jobs Recovery Law in the Illinois Municipal Code, or previously
|
| 3 |
| established under the Economic Development Area Tax Increment |
| 4 |
| Allocation Act,
by an amount equal to the 1994 equalized |
| 5 |
| assessed value of each taxable lot,
block, tract, or parcel of |
| 6 |
| real property in the redevelopment project area over
and above |
| 7 |
| the initial equalized assessed value of each property in the
|
| 8 |
| redevelopment project area.
In the first year after a |
| 9 |
| municipality
removes a taxable lot, block, tract, or parcel of |
| 10 |
| real property from a
redevelopment project area established |
| 11 |
| under the Tax Increment Allocation
Development Act in the |
| 12 |
| Illinois
Municipal Code, the Industrial Jobs Recovery Law
in |
| 13 |
| the Illinois Municipal Code, or the Economic
Development Area |
| 14 |
| Tax Increment Allocation Act, "recovered tax increment value"
|
| 15 |
| means the amount of the current year's equalized assessed value |
| 16 |
| of each taxable
lot, block, tract, or parcel of real property |
| 17 |
| removed from the redevelopment
project area over and above the |
| 18 |
| initial equalized assessed value of that real
property before |
| 19 |
| removal from the redevelopment project area.
|
| 20 |
| Except as otherwise provided in this Section, "limiting |
| 21 |
| rate" means a
fraction the numerator of which is the last
|
| 22 |
| preceding aggregate extension base times an amount equal to one |
| 23 |
| plus the
extension limitation defined in this Section and the |
| 24 |
| denominator of which
is the current year's equalized assessed |
| 25 |
| value of all real property in the
territory under the |
| 26 |
| jurisdiction of the taxing district during the prior
levy year. |
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| 1 |
| For those taxing districts that reduced their aggregate
|
| 2 |
| extension for the last preceding levy year, the highest |
| 3 |
| aggregate extension
in any of the last 3 preceding levy years |
| 4 |
| shall be used for the purpose of
computing the limiting rate. |
| 5 |
| The denominator shall not include new
property or the recovered |
| 6 |
| tax increment
value.
If a new rate, a rate decrease, or a |
| 7 |
| limiting rate increase has been approved at an election held |
| 8 |
| after March 21, 2006, then (i) the otherwise applicable |
| 9 |
| limiting rate shall be increased by the amount of the new rate |
| 10 |
| or shall be reduced by the amount of the rate decrease, as the |
| 11 |
| case may be, or (ii) in the case of a limiting rate increase, |
| 12 |
| the limiting rate shall be equal to the rate set forth
in the |
| 13 |
| proposition approved by the voters for each of the years |
| 14 |
| specified in the proposition, after
which the limiting rate of |
| 15 |
| the taxing district shall be calculated as otherwise provided.
|
| 16 |
| (Source: P.A. 94-974, eff. 6-30-06; 94-976, eff. 6-30-06; |
| 17 |
| 94-1078, eff. 1-9-07; 95-90, eff. 1-1-08; 95-331, eff. 8-21-07; |
| 18 |
| 95-404, eff. 1-1-08; 95-876, eff. 8-21-08.)
|
| 19 |
| Section 10. The Community Mental Health Act is amended by |
| 20 |
| changing Sections 4, 5, 6, and 7 as follows:
|
| 21 |
| (405 ILCS 20/4) (from Ch. 91 1/2, par. 304)
|
| 22 |
| Sec. 4. In order to provide the necessary funds or to |
| 23 |
| supplement
existing funds for such community mental health |
| 24 |
| facilities and services,
including facilities and services for |
|
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| 1 |
| the person with a developmental
disability or a substance use |
| 2 |
| disorder, the governing body of any governmental
unit, subject |
| 3 |
| to the provisions of Section 5, may levy an annual tax of not |
| 4 |
| to
exceed .15% upon all of the taxable property in such |
| 5 |
| governmental unit at the
value thereof, as equalized or |
| 6 |
| assessed by the Department of Revenue. If a governmental unit |
| 7 |
| levies a tax under this Section at a rate of less than 0.15%, |
| 8 |
| that levy may be increased to not more than 0.15% as provided |
| 9 |
| in Section 5 of this Act. Such tax
shall be levied and |
| 10 |
| collected in the same manner as other governmental unit
taxes, |
| 11 |
| but shall not be included in any limitation otherwise |
| 12 |
| prescribed as to
the rate or amount of governmental unit taxes, |
| 13 |
| but shall be in addition thereto
and in excess thereof.
|
| 14 |
| When collected, such tax shall be paid into a special fund |
| 15 |
| to be
designated as the "Community Mental Health Fund" which |
| 16 |
| shall, upon
authorization by the appropriate governmental |
| 17 |
| unit, be administered by
the community mental health board and |
| 18 |
| used only for the purposes
specified in this Act. Nothing |
| 19 |
| contained herein shall in any way
preclude the use of other |
| 20 |
| funds available for such purposes under any
existing Federal, |
| 21 |
| State or local statute. Interest earned from moneys
deposited |
| 22 |
| in this Fund shall only be used for purposes which are
|
| 23 |
| authorized by this Act.
|
| 24 |
| In any city, village, incorporated town, or township which |
| 25 |
| levies a
tax for the purpose of providing community mental |
| 26 |
| health facilities and
services and part or all of such city, |
|
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SB1750 Engrossed |
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| 1 |
| village, incorporated town, or
township is in a county or |
| 2 |
| township, as the case may be, which levies a
tax to provide |
| 3 |
| community mental health facilities and services under the
|
| 4 |
| provisions of this Act, such county or township, as the case |
| 5 |
| may be,
shall pay to such city, village, incorporated town, or |
| 6 |
| township, as the
case may be, the entire amount collected from |
| 7 |
| taxes under this Section
on property subject to a tax which any |
| 8 |
| city, village, incorporated town,
or township thereof levies to |
| 9 |
| provide community mental health facilities
and services.
|
| 10 |
| Whenever any city, village, incorporated town, or township |
| 11 |
| receives
any payments from a county or township as provided |
| 12 |
| above, such city,
village, incorporated town, or township shall |
| 13 |
| reduce and abate from the
tax levied by the authority of this |
| 14 |
| Section a rate which would produce
an amount equal to the |
| 15 |
| amount received from such county or township.
|
| 16 |
| (Source: P.A. 95-336, eff. 8-21-07.)
|
| 17 |
| (405 ILCS 20/5) (from Ch. 91 1/2, par. 305)
|
| 18 |
| Sec. 5. |
| 19 |
| (a) When the governing body of a governmental unit passes a
|
| 20 |
| resolution as provided in Section 4 asking that an annual tax |
| 21 |
| may be
levied for the purpose of providing such mental health |
| 22 |
| facilities and
services, including facilities and services for |
| 23 |
| the person with a
developmental disability or a substance use |
| 24 |
| disorder, in the community and so
instructs the clerk of the |
| 25 |
| governmental unit such clerk shall certify the
proposition to |
|
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SB1750 Engrossed |
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LRB096 08969 HLH 19107 b |
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|
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| 1 |
| the proper election officials for submission at a regular
|
| 2 |
| election in accordance with the general election law. The |
| 3 |
| proposition shall be
in the following form:
|
| 4 |
| -------------------------------------------------------------
|
| 5 |
| Shall............ (governmental
|
| 6 |
| unit) levy an annual tax of not to YES
|
| 7 |
| exceed .15% for the purpose of providing
|
| 8 |
| community mental health facilities and ---------------
|
| 9 |
| services including facilities and services
|
| 10 |
| for the person with a developmental NO
|
| 11 |
| disability or a substance use disorder?
|
| 12 |
| -------------------------------------------------------------
|
| 13 |
| (b) If the governing body of a governmental unit passes a
|
| 14 |
| resolution as provided in Section 4 asking that the annual tax |
| 15 |
| be
increased, it shall so
instruct the clerk of the |
| 16 |
| governmental unit, and the clerk shall certify the
proposition |
| 17 |
| to the proper election officials for submission at a regular
|
| 18 |
| election in accordance with the general election law. The |
| 19 |
| proposition shall be
in the following form: |
| 20 |
| "Shall the tax imposed by (governmental unit) for the |
| 21 |
| purpose of providing community mental health facilities |
| 22 |
| and services, including facilities and services for |
| 23 |
| persons with a developmental disability or substance use |
| 24 |
| disorder be increased to (not more than 0.15%)?" |
| 25 |
| (c) If a majority of all the votes cast upon the |
| 26 |
| proposition are for the
levy or increase of such tax, the |
|
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|
SB1750 Engrossed |
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|
|
| 1 |
| governing
body of such governmental unit shall
thereafter |
| 2 |
| annually levy a tax not to exceed the rate set forth in
Section |
| 3 |
| 4. Thereafter, the governing body shall in the annual
|
| 4 |
| appropriation bill appropriate from such funds such sum or sums |
| 5 |
| of money
as may be deemed necessary, based upon the community |
| 6 |
| mental health
board's budget, the board's annual mental health |
| 7 |
| report, and the local
mental health plan to defray necessary |
| 8 |
| expenses and liabilities in
providing for such community mental |
| 9 |
| health facilities and services.
|
| 10 |
| (Source: P.A. 95-336, eff. 8-21-07.)
|
| 11 |
| Section 99. Effective date. This Act takes effect upon |
| 12 |
| becoming law.
|