Bill Text: IL HB0178 | 2015-2016 | 99th General Assembly | Engrossed
Bill Title: Amends the Property Tax Code. Creates a Township Property Tax Extension Freeze for the 2015 levy year for townships with a population of 100,000 or less that are located within a county that is subject to the Property Tax Extension Limitation Law. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
Sponsorship: Bipartisan Bill
Status: (Engrossed - Dead) 2015-05-22 - Rule 2-10 Third Reading Deadline Established As May 31, 2015 [HB0178 Detail]
Download: Illinois-2015-HB0178-Engrossed.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 adding | ||||||
| 5 | Division 7 to Article 18 as follows:
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| 6 | (35 ILCS 200/Art. 18 Div. 7 heading new) | ||||||
| 7 | Division 7. Township Property Tax Extension Freeze Law | ||||||
| 8 | (35 ILCS 200/18-280 new) | ||||||
| 9 | Sec. 18-280. Short title; definitions. This Division 7 may | ||||||
| 10 | be cited as the Township Property Tax Extension Freeze Law. | ||||||
| 11 | As used in this Division 7: | ||||||
| 12 | "Aggregate extension" means the annual corporate extension | ||||||
| 13 | for the town fund of the township, excluding highway funds, | ||||||
| 14 | general assistance funds, and any special purpose extensions. | ||||||
| 15 | "Town fund" means the fund or funds for which moneys are | ||||||
| 16 | appropriated by townships for general operating expenses in | ||||||
| 17 | compliance with Section 3 of the Illinois Municipal Budget Law. | ||||||
| 18 | "Special purpose extensions" include, but are not limited | ||||||
| 19 | to, extensions for levies made on an annual basis for | ||||||
| 20 | unemployment and workers' compensation, self-insurance, or | ||||||
| 21 | contributions to pension plans, whether levied annually or not. | ||||||
| 22 | The extension for a special service area is not included in the | ||||||
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| 1 | aggregate extension. | ||||||
| 2 | "Aggregate extension base" means the township's aggregate | ||||||
| 3 | extension for the 2014 levy year. | ||||||
| 4 | "New property" means (i) the assessed value, after final | ||||||
| 5 | board of review or board of appeals action, of new improvements | ||||||
| 6 | or additions to existing improvements on any parcel of real | ||||||
| 7 | property that increase the assessed value of that real property | ||||||
| 8 | during the levy year multiplied by the equalization factor | ||||||
| 9 | issued by the Department under Section 17-30 and (ii) the | ||||||
| 10 | assessed value, after final board of review or board of appeals | ||||||
| 11 | action, of real property not exempt from real estate taxation, | ||||||
| 12 | which real property was exempt from real estate taxation for | ||||||
| 13 | any portion of the immediately preceding levy year, multiplied | ||||||
| 14 | by the equalization factor issued by the Department under | ||||||
| 15 | Section 17-30. | ||||||
| 16 | "Recovered tax increment value" means the equalized | ||||||
| 17 | assessed value in 2015 of each taxable lot, block, tract, or | ||||||
| 18 | parcel of real property located in a redevelopment project area | ||||||
| 19 | previously established under (i) the Tax Increment Allocation | ||||||
| 20 | Development Act of the Illinois Municipal Code, (ii) the | ||||||
| 21 | Industrial Jobs Recovery Law of the Illinois Municipal Code, or | ||||||
| 22 | (iii) the Economic Development Area Tax Increment Allocation | ||||||
| 23 | Act, over and above the initial equalized assessed value of | ||||||
| 24 | each of those lots, blocks, tracts, or parcels, if 2015 is the | ||||||
| 25 | first year after the municipality terminates the designation of | ||||||
| 26 | the area as a redevelopment project area. | ||||||
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| 1 | "Natural disaster" means an occurrence of widespread or | ||||||
| 2 | severe damage or loss of property resulting from any | ||||||
| 3 | catastrophic cause including, but not limited to, fire, flood, | ||||||
| 4 | earthquake, wind, storm, or extended period of severe inclement | ||||||
| 5 | weather. | ||||||
| 6 | "Proclaimed natural disaster" means a natural disaster | ||||||
| 7 | that has been proclaimed as such by the Governor or the | ||||||
| 8 | President of the United States. | ||||||
| 9 | Except as otherwise provided in this Division, "limiting | ||||||
| 10 | rate" means a fraction the numerator of which is the aggregate | ||||||
| 11 | extension base and the denominator of which is the current | ||||||
| 12 | year's equalized assessed value of all real property in the | ||||||
| 13 | territory under the jurisdiction of the township during the | ||||||
| 14 | 2014 levy year. The denominator shall not include new property | ||||||
| 15 | and shall not include the recovered tax increment value.
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| 16 | (35 ILCS 200/18-285 new) | ||||||
| 17 | Sec. 18-285. Township extensions. | ||||||
| 18 | (a) Notwithstanding any other provision of law, in counties | ||||||
| 19 | under township organization that are subject to the Property | ||||||
| 20 | Tax Extension Limitation Law, for the 2015 levy year, for those | ||||||
| 21 | townships with a population of 100,000 or less, according to | ||||||
| 22 | the most recent federal decennial census, for which the county | ||||||
| 23 | clerk extended taxes for any funds included in the aggregate | ||||||
| 24 | extension base for the 2014 levy year, the county clerk shall | ||||||
| 25 | extend a rate for the sum of the funds in the township's | ||||||
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| 1 | aggregate extension base that is no greater than the limiting | ||||||
| 2 | rate. Notwithstanding any other provision of law, except as | ||||||
| 3 | provided in subsection (b), this Section limits the increase in | ||||||
| 4 | the township's 2015 aggregate extension to 0%. Notwithstanding | ||||||
| 5 | any other provision of law, this Section does not apply to (1) | ||||||
| 6 | townships located in any county in which a proclaimed natural | ||||||
| 7 | disaster occurred at any time during calendar year 2013 or (2) | ||||||
| 8 | the following townships: Addison, Bloom, Calumet, Orland, | ||||||
| 9 | Rich, Stickney, and Wayne. | ||||||
| 10 | (b) If and only if the township obtains referendum approval | ||||||
| 11 | for an increased limiting rate under Section 18-290, then the | ||||||
| 12 | county clerk shall extend a rate for the sum of the funds in | ||||||
| 13 | the township's aggregate extension base that is no greater than | ||||||
| 14 | the increased limiting rate. | ||||||
| 15 | (c) If the county clerk is required to reduce the aggregate | ||||||
| 16 | extension of a township under the provisions of this Division, | ||||||
| 17 | then the county clerk shall proportionally reduce the extension | ||||||
| 18 | for each fund included in the aggregate extension, unless a | ||||||
| 19 | different method of reduction is requested by the township.
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| 20 | (35 ILCS 200/18-290 new) | ||||||
| 21 | Sec. 18-290. Increased limiting rate. A township that is | ||||||
| 22 | subject to the limitation set forth in Section 18-285 may | ||||||
| 23 | increase its limiting rate for the 2015 levy year if and only | ||||||
| 24 | if the township submits the question at referendum before the | ||||||
| 25 | levy date for the applicable year, and if a majority of voters | ||||||
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| 1 | voting on the issue approves adoption of the increased limiting | ||||||
| 2 | rate. Referenda shall be conducted at a regularly scheduled | ||||||
| 3 | election in accordance with the Election Code. The question | ||||||
| 4 | shall be presented in substantially the following manner: | ||||||
| 5 | Shall the limiting rate under the Township Property Tax | ||||||
| 6 | Extension Freeze Law for (township), Illinois, be | ||||||
| 7 | increased to (increased limiting rate)? | ||||||
| 8 | Votes shall be recorded as "Yes" or "No".
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| 9 | Section 90. The State Mandates Act is amended by adding | ||||||
| 10 | Section 8.39 as follows:
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| 11 | (30 ILCS 805/8.39 new) | ||||||
| 12 | Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
| 13 | of this Act, no reimbursement by the State is required for the | ||||||
| 14 | implementation of any mandate created by this amendatory Act of | ||||||
| 15 | the 99th General Assembly.
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| 16 | Section 99. Effective date. This Act takes effect upon | ||||||
| 17 | becoming law.
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