Bill Text: IL HB0680 | 2015-2016 | 99th General Assembly | Engrossed
Bill Title: Amends the Business Location Efficiency Incentive Act. Makes a technical change in a Section concerning the short title.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2016-04-28 - Rule 19(a) / Re-referred to Rules Committee [HB0680 Detail]
Download: Illinois-2015-HB0680-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 changing | ||||||
5 | Sections 18-185, 18-205, 18-213, and 18-214 and by adding | ||||||
6 | Section 18-242 as follows:
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7 | (35 ILCS 200/18-185)
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8 | Sec. 18-185. Short title; definitions. This Division 5 may | ||||||
9 | be cited as the
Property Tax Extension Limitation Law. As used | ||||||
10 | in this Division 5:
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11 | "Consumer Price Index" means the Consumer Price Index for | ||||||
12 | All Urban
Consumers for all items published by the United | ||||||
13 | States Department of Labor.
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14 | "Extension limitation" , for levy years prior to 2016, means | ||||||
15 | (a) the lesser of 5% or the percentage increase
in the Consumer | ||||||
16 | Price Index during the 12-month calendar year preceding the
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17 | levy year or (b) the rate of increase approved by voters under | ||||||
18 | Section 18-205.
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19 | "Extension limitation", beginning in levy year 2016, means | ||||||
20 | 0% or the rate of increase approved by the voters under Section | ||||||
21 | 18-205. | ||||||
22 | "Affected county" means a county of 3,000,000 or more | ||||||
23 | inhabitants or a
county contiguous to a county of 3,000,000 or |
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1 | more inhabitants.
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2 | "Taxing district" has the same meaning provided in Section | ||||||
3 | 1-150, except as
otherwise provided in this Section. For the | ||||||
4 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||
5 | only each non-home rule taxing district having the
majority of | ||||||
6 | its
1990 equalized assessed value within any county or counties | ||||||
7 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||
8 | Beginning with the 1995 levy
year and through the 2015 levy | ||||||
9 | year , "taxing district" includes only each non-home rule taxing | ||||||
10 | district
subject to this Law before the 1995 levy year and each | ||||||
11 | non-home rule
taxing district not subject to this Law before | ||||||
12 | the 1995 levy year having the
majority of its 1994 equalized | ||||||
13 | assessed value in an affected county or
counties. Beginning | ||||||
14 | with the levy year in
which this Law becomes applicable to a | ||||||
15 | taxing district as
provided in Section 18-213, "taxing | ||||||
16 | district" also includes those taxing
districts made subject to | ||||||
17 | this Law as provided in Section 18-213.
Beginning with the 2016 | ||||||
18 | levy year, "taxing district" means each unit of local | ||||||
19 | government, school district, or community college district in | ||||||
20 | the State with the power to levy taxes, including, but not | ||||||
21 | limited to, home rule units and taxing districts that were not | ||||||
22 | subject to this Law prior to the effective date of this | ||||||
23 | amendatory Act of the 99th General Assembly.
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24 | "Aggregate extension" for taxing districts to which this | ||||||
25 | Law applied before
the 1995 levy year means the annual | ||||||
26 | corporate extension for the taxing
district and those special |
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1 | purpose extensions that are made annually for
the taxing | ||||||
2 | district, excluding special purpose extensions: (a) made for | ||||||
3 | the
taxing district to pay interest or principal on general | ||||||
4 | obligation bonds
that were approved by referendum; (b) made for | ||||||
5 | any taxing district to pay
interest or principal on general | ||||||
6 | obligation bonds issued before October 1,
1991; (c) made for | ||||||
7 | any taxing district to pay interest or principal on bonds
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8 | issued to refund or continue to refund those bonds issued | ||||||
9 | before October 1,
1991; (d)
made for any taxing district to pay | ||||||
10 | interest or principal on bonds
issued to refund or continue to | ||||||
11 | refund bonds issued after October 1, 1991 that
were approved by | ||||||
12 | referendum; (e)
made for any taxing district to pay interest
or | ||||||
13 | principal on revenue bonds issued before October 1, 1991 for | ||||||
14 | payment of
which a property tax levy or the full faith and | ||||||
15 | credit of the unit of local
government is pledged; however, a | ||||||
16 | tax for the payment of interest or principal
on those bonds | ||||||
17 | shall be made only after the governing body of the unit of | ||||||
18 | local
government finds that all other sources for payment are | ||||||
19 | insufficient to make
those payments; (f) made for payments | ||||||
20 | under a building commission lease when
the lease payments are | ||||||
21 | for the retirement of bonds issued by the commission
before | ||||||
22 | October 1, 1991, to pay for the building project; (g) made for | ||||||
23 | payments
due under installment contracts entered into before | ||||||
24 | October 1, 1991;
(h) made for payments of principal and | ||||||
25 | interest on bonds issued under the
Metropolitan Water | ||||||
26 | Reclamation District Act to finance construction projects
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1 | initiated before October 1, 1991; (i) made for payments of | ||||||
2 | principal and
interest on limited bonds, as defined in Section | ||||||
3 | 3 of the Local Government Debt
Reform Act, in an amount not to | ||||||
4 | exceed the debt service extension base less
the amount in items | ||||||
5 | (b), (c), (e), and (h) of this definition for
non-referendum | ||||||
6 | obligations, except obligations initially issued pursuant to
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7 | referendum; (j) made for payments of principal and interest on | ||||||
8 | bonds
issued under Section 15 of the Local Government Debt | ||||||
9 | Reform Act; (k)
made
by a school district that participates in | ||||||
10 | the Special Education District of
Lake County, created by | ||||||
11 | special education joint agreement under Section
10-22.31 of the | ||||||
12 | School Code, for payment of the school district's share of the
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13 | amounts required to be contributed by the Special Education | ||||||
14 | District of Lake
County to the Illinois Municipal Retirement | ||||||
15 | Fund under Article 7 of the
Illinois Pension Code; the amount | ||||||
16 | of any extension under this item (k) shall be
certified by the | ||||||
17 | school district to the county clerk; (l) made to fund
expenses | ||||||
18 | of providing joint recreational programs for the handicapped | ||||||
19 | under
Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
20 | of the Illinois Municipal Code; (m) made for temporary | ||||||
21 | relocation loan repayment purposes pursuant to Sections 2-3.77 | ||||||
22 | and 17-2.2d of the School Code; (n) made for payment of | ||||||
23 | principal and interest on any bonds issued under the authority | ||||||
24 | of Section 17-2.2d of the School Code; (o) made for | ||||||
25 | contributions to a firefighter's pension fund created under | ||||||
26 | Article 4 of the Illinois Pension Code, to the extent of the |
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1 | amount certified under item (5) of Section 4-134 of the | ||||||
2 | Illinois Pension Code; and (p) made for road purposes in the | ||||||
3 | first year after a township assumes the rights, powers, duties, | ||||||
4 | assets, property, liabilities, obligations, and
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5 | responsibilities of a road district abolished under the | ||||||
6 | provisions of Section 6-133 of the Illinois Highway Code.
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7 | "Aggregate extension" for the taxing districts to which | ||||||
8 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
9 | districts subject to this Law
in
accordance with Section 18-213 | ||||||
10 | or this amendatory Act of the 99th General Assembly ) means the | ||||||
11 | annual corporate extension for the
taxing district and those | ||||||
12 | special purpose extensions that are made annually for
the | ||||||
13 | taxing district, excluding special purpose extensions: (a) | ||||||
14 | made for the
taxing district to pay interest or principal on | ||||||
15 | general obligation bonds that
were approved by referendum; (b) | ||||||
16 | made for any taxing district to pay interest
or principal on | ||||||
17 | general obligation bonds issued before March 1, 1995; (c) made
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18 | for any taxing district to pay interest or principal on bonds | ||||||
19 | issued to refund
or continue to refund those bonds issued | ||||||
20 | before March 1, 1995; (d) made for any
taxing district to pay | ||||||
21 | interest or principal on bonds issued to refund or
continue to | ||||||
22 | refund bonds issued after March 1, 1995 that were approved by
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23 | referendum; (e) made for any taxing district to pay interest or | ||||||
24 | principal on
revenue bonds issued before March 1, 1995 for | ||||||
25 | payment of which a property tax
levy or the full faith and | ||||||
26 | credit of the unit of local government is pledged;
however, a |
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1 | tax for the payment of interest or principal on those bonds | ||||||
2 | shall be
made only after the governing body of the unit of | ||||||
3 | local government finds that
all other sources for payment are | ||||||
4 | insufficient to make those payments; (f) made
for payments | ||||||
5 | under a building commission lease when the lease payments are | ||||||
6 | for
the retirement of bonds issued by the commission before | ||||||
7 | March 1, 1995 to
pay for the building project; (g) made for | ||||||
8 | payments due under installment
contracts entered into before | ||||||
9 | March 1, 1995; (h) made for payments of
principal and interest | ||||||
10 | on bonds issued under the Metropolitan Water Reclamation
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11 | District Act to finance construction projects initiated before | ||||||
12 | October 1,
1991; (h-4) made for stormwater management purposes | ||||||
13 | by the Metropolitan Water Reclamation District of Greater | ||||||
14 | Chicago under Section 12 of the Metropolitan Water Reclamation | ||||||
15 | District Act; (i) made for payments of principal and interest | ||||||
16 | on limited bonds,
as defined in Section 3 of the Local | ||||||
17 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
18 | service extension base less the amount in items (b),
(c), and | ||||||
19 | (e) of this definition for non-referendum obligations, except
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20 | obligations initially issued pursuant to referendum and bonds | ||||||
21 | described in
subsection (h) of this definition; (j) made for | ||||||
22 | payments of
principal and interest on bonds issued under | ||||||
23 | Section 15 of the Local Government
Debt Reform Act; (k) made | ||||||
24 | for payments of principal and interest on bonds
authorized by | ||||||
25 | Public Act 88-503 and issued under Section 20a of the Chicago
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26 | Park District Act for aquarium or
museum projects; (l) made for |
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1 | payments of principal and interest on
bonds
authorized by | ||||||
2 | Public Act 87-1191 or 93-601 and (i) issued pursuant to Section | ||||||
3 | 21.2 of the Cook County Forest
Preserve District Act, (ii) | ||||||
4 | issued under Section 42 of the Cook County
Forest Preserve | ||||||
5 | District Act for zoological park projects, or (iii) issued
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6 | under Section 44.1 of the Cook County Forest Preserve District | ||||||
7 | Act for
botanical gardens projects; (m) made
pursuant
to | ||||||
8 | Section 34-53.5 of the School Code, whether levied annually or | ||||||
9 | not;
(n) made to fund expenses of providing joint recreational | ||||||
10 | programs for the
handicapped under Section 5-8 of the Park
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11 | District Code or Section 11-95-14 of the Illinois Municipal | ||||||
12 | Code;
(o) made by the
Chicago Park
District for recreational | ||||||
13 | programs for the handicapped under subsection (c) of
Section
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14 | 7.06 of the Chicago Park District Act; (p) made for | ||||||
15 | contributions to a firefighter's pension fund created under | ||||||
16 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
17 | amount certified under item (5) of Section 4-134 of the | ||||||
18 | Illinois Pension Code; and (q) made by Ford Heights School | ||||||
19 | District 169 under Section 17-9.02 of the School Code.
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20 | "Aggregate extension" for all taxing districts to which | ||||||
21 | this Law applies in
accordance with Section 18-213, except for | ||||||
22 | those taxing districts subject to
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 |
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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 date on which the
referendum making this
Law applicable to | ||||||
5 | the taxing district is held; (c) made
for any taxing district | ||||||
6 | to pay interest or principal on bonds issued to refund
or | ||||||
7 | continue to refund those bonds issued before the date on which | ||||||
8 | the
referendum making this Law
applicable to the taxing | ||||||
9 | district is held;
(d) made for any
taxing district to pay | ||||||
10 | interest or principal on bonds issued to refund or
continue to | ||||||
11 | refund bonds issued after the date on which the referendum | ||||||
12 | making
this Law
applicable to the taxing district is held if | ||||||
13 | the bonds were approved by
referendum after the date on which | ||||||
14 | the referendum making this Law
applicable to the taxing | ||||||
15 | district is held; (e) made for any
taxing district to pay | ||||||
16 | interest or principal on
revenue bonds issued before the date | ||||||
17 | on which the referendum making this Law
applicable to the
| ||||||
18 | taxing district is held for payment of which a property tax
| ||||||
19 | levy or the full faith and credit of the unit of local | ||||||
20 | government is pledged;
however, a tax for the payment of | ||||||
21 | interest or principal on those bonds shall be
made only after | ||||||
22 | the governing body of the unit of local government finds that
| ||||||
23 | all other sources for payment are insufficient to make those | ||||||
24 | payments; (f) made
for payments under a building commission | ||||||
25 | lease when the lease payments are for
the retirement of bonds | ||||||
26 | issued by the commission before the date on which the
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1 | referendum making this
Law applicable to the taxing district is | ||||||
2 | held to
pay for the building project; (g) made for payments due | ||||||
3 | under installment
contracts entered into before the date on | ||||||
4 | which the referendum making this Law
applicable to
the taxing | ||||||
5 | district is held;
(h) made for payments
of principal and | ||||||
6 | interest on limited bonds,
as defined in Section 3 of the Local | ||||||
7 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
8 | service extension base less the amount in items (b),
(c), and | ||||||
9 | (e) of this definition for non-referendum obligations, except
| ||||||
10 | obligations initially issued pursuant to referendum; (i) made | ||||||
11 | for payments
of
principal and interest on bonds issued under | ||||||
12 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
13 | for a qualified airport authority to pay interest or principal | ||||||
14 | on
general obligation bonds issued for the purpose of paying | ||||||
15 | obligations due
under, or financing airport facilities | ||||||
16 | required to be acquired, constructed,
installed or equipped | ||||||
17 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
18 | not including any amendments to such a contract taking effect | ||||||
19 | on
or after that date); (k) made to fund expenses of providing | ||||||
20 | joint
recreational programs for the handicapped under Section | ||||||
21 | 5-8 of
the
Park District Code or Section 11-95-14 of the | ||||||
22 | Illinois Municipal Code; (l) made for contributions to a | ||||||
23 | firefighter's pension fund created under Article 4 of the | ||||||
24 | Illinois Pension Code, to the extent of the amount certified | ||||||
25 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
26 | and (m) made for the taxing district to pay interest or |
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1 | principal on general obligation bonds issued pursuant to | ||||||
2 | Section 19-3.10 of the School Code.
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3 | "Aggregate extension" for all taxing districts to which | ||||||
4 | this Law applies in
accordance with paragraph (2) of subsection | ||||||
5 | (e) of Section 18-213 or this amendatory Act of the 99th | ||||||
6 | General Assembly means the
annual corporate extension for the
| ||||||
7 | taxing district and those special purpose extensions that are | ||||||
8 | made annually for
the taxing district, excluding special | ||||||
9 | purpose extensions: (a) made for the
taxing district to pay | ||||||
10 | interest or principal on general obligation bonds that
were | ||||||
11 | approved by referendum; (b) made for any taxing district to pay | ||||||
12 | interest
or principal on general obligation bonds issued before | ||||||
13 | the effective date of
this amendatory Act of 1997;
(c) made
for | ||||||
14 | any taxing district to pay interest or principal on bonds | ||||||
15 | issued to refund
or continue to refund those bonds issued | ||||||
16 | before the effective date
of this amendatory Act of 1997;
(d) | ||||||
17 | made for any
taxing district to pay interest or principal on | ||||||
18 | bonds issued to refund or
continue to refund bonds issued after | ||||||
19 | the effective date of this amendatory Act
of 1997 if the bonds | ||||||
20 | were approved by referendum after the effective date of
this | ||||||
21 | amendatory Act of 1997;
(e) made for any
taxing district to pay | ||||||
22 | interest or principal on
revenue bonds issued before the | ||||||
23 | effective date of this amendatory Act of 1997
for payment of | ||||||
24 | which a property tax
levy or the full faith and credit of the | ||||||
25 | unit of local government is pledged;
however, a tax for the | ||||||
26 | payment of interest or principal on those bonds shall be
made |
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1 | only after the governing body of the unit of local government | ||||||
2 | finds that
all other sources for payment are insufficient to | ||||||
3 | make those payments; (f) made
for payments under a building | ||||||
4 | commission lease when the lease payments are for
the retirement | ||||||
5 | of bonds issued by the commission before the effective date
of | ||||||
6 | this amendatory Act of 1997
to
pay for the building project; | ||||||
7 | (g) made for payments due under installment
contracts entered | ||||||
8 | into before the effective date of this amendatory Act of
1997;
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9 | (h) made for payments
of principal and interest on limited | ||||||
10 | bonds,
as defined in Section 3 of the Local Government Debt | ||||||
11 | Reform Act, in an amount
not to exceed the debt service | ||||||
12 | extension base less the amount in items (b),
(c), and (e) of | ||||||
13 | this definition for non-referendum obligations, except
| ||||||
14 | obligations initially issued pursuant to referendum; (i) made | ||||||
15 | for payments
of
principal and interest on bonds issued under | ||||||
16 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
17 | for a qualified airport authority to pay interest or principal | ||||||
18 | on
general obligation bonds issued for the purpose of paying | ||||||
19 | obligations due
under, or financing airport facilities | ||||||
20 | required to be acquired, constructed,
installed or equipped | ||||||
21 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
22 | not including any amendments to such a contract taking effect | ||||||
23 | on
or after that date); (k) made to fund expenses of providing | ||||||
24 | joint
recreational programs for the handicapped under Section | ||||||
25 | 5-8 of
the
Park District Code or Section 11-95-14 of the | ||||||
26 | Illinois Municipal Code; and (l) made for contributions to a |
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| |||||||
1 | firefighter's pension fund created under Article 4 of the | ||||||
2 | Illinois Pension Code, to the extent of the amount certified | ||||||
3 | under item (5) of Section 4-134 of the Illinois Pension Code.
| ||||||
4 | "Debt service extension base" means an amount equal to that | ||||||
5 | portion of the
extension for a taxing district for the 1994 | ||||||
6 | levy year, or for those taxing
districts subject to this Law in | ||||||
7 | accordance with Section 18-213, except for
those subject to | ||||||
8 | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| ||||||
9 | year in which the referendum making this Law applicable to the | ||||||
10 | taxing district
is held, or for those taxing districts subject | ||||||
11 | to this Law in accordance with
paragraph (2) of subsection (e) | ||||||
12 | of Section 18-213 for the 1996 levy year,
constituting an
| ||||||
13 | extension for payment of principal and interest on bonds issued | ||||||
14 | by the taxing
district without referendum, but not including | ||||||
15 | excluded non-referendum bonds. For park districts (i) that were | ||||||
16 | first
subject to this Law in 1991 or 1995 and (ii) whose | ||||||
17 | extension for the 1994 levy
year for the payment of principal | ||||||
18 | and interest on bonds issued by the park
district without | ||||||
19 | referendum (but not including excluded non-referendum bonds)
| ||||||
20 | was less than 51% of the amount for the 1991 levy year | ||||||
21 | constituting an
extension for payment of principal and interest | ||||||
22 | on bonds issued by the park
district without referendum (but | ||||||
23 | not including excluded non-referendum bonds),
"debt service | ||||||
24 | extension base" means an amount equal to that portion of the
| ||||||
25 | extension for the 1991 levy year constituting an extension for | ||||||
26 | payment of
principal and interest on bonds issued by the park |
| |||||||
| |||||||
1 | district without referendum
(but not including excluded | ||||||
2 | non-referendum bonds). A debt service extension base | ||||||
3 | established or increased at any time pursuant to any provision | ||||||
4 | of this Law, except Section 18-212, shall be increased each | ||||||
5 | year commencing with the later of (i) the 2009 levy year or | ||||||
6 | (ii) the first levy year in which this Law becomes applicable | ||||||
7 | to the taxing district, by the lesser of 5% or the percentage | ||||||
8 | increase in the Consumer Price Index during the 12-month | ||||||
9 | calendar year preceding the levy year. The debt service | ||||||
10 | extension
base may be established or increased as provided | ||||||
11 | under Section 18-212.
"Excluded non-referendum bonds" means | ||||||
12 | (i) bonds authorized by Public
Act 88-503 and issued under | ||||||
13 | Section 20a of the Chicago Park District Act for
aquarium and | ||||||
14 | museum projects; (ii) bonds issued under Section 15 of the
| ||||||
15 | Local Government Debt Reform Act; or (iii) refunding | ||||||
16 | obligations issued
to refund or to continue to refund | ||||||
17 | obligations initially issued pursuant to
referendum.
| ||||||
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, | ||||||
21 | contributions to pension plans, and extensions
made pursuant to | ||||||
22 | Section 6-601 of the Illinois Highway Code for a road
| ||||||
23 | district's permanent road fund whether levied annually or not. | ||||||
24 | The
extension for a special service area is not included in the
| ||||||
25 | aggregate extension.
| ||||||
26 | "Aggregate extension base" means the taxing district's |
| |||||||
| |||||||
1 | last preceding
aggregate extension as adjusted under Sections | ||||||
2 | 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 | ||||||
3 | shall be made for the 2007 levy year and all subsequent levy | ||||||
4 | years whenever one or more counties within which a taxing | ||||||
5 | district is located (i) used estimated valuations or rates when | ||||||
6 | extending taxes in the taxing district for the last preceding | ||||||
7 | levy year that resulted in the over or under extension of | ||||||
8 | taxes, or (ii) increased or decreased the tax extension for the | ||||||
9 | last preceding levy year as required by Section 18-135(c). | ||||||
10 | Whenever an adjustment is required under Section 18-135, the | ||||||
11 | aggregate extension base of the taxing district shall be equal | ||||||
12 | to the amount that the aggregate extension of the taxing | ||||||
13 | district would have been for the last preceding levy year if | ||||||
14 | either or both (i) actual, rather than estimated, valuations or | ||||||
15 | rates had been used to calculate the extension of taxes for the | ||||||
16 | last levy year, or (ii) the tax extension for the last | ||||||
17 | preceding levy year had not been adjusted as required by | ||||||
18 | subsection (c) of Section 18-135.
| ||||||
19 | Notwithstanding any other provision of law, for levy year | ||||||
20 | 2012, the aggregate extension base for West Northfield School | ||||||
21 | District No. 31 in Cook County shall be $12,654,592. | ||||||
22 | "Levy year" has the same meaning as "year" under Section
| ||||||
23 | 1-155.
| ||||||
24 | "New property" means (i) the assessed value, after final | ||||||
25 | board of review or
board of appeals action, of new improvements | ||||||
26 | or additions to existing
improvements on any parcel of real |
| |||||||
| |||||||
1 | property that increase the assessed value of
that real property | ||||||
2 | during the levy year multiplied by the equalization factor
| ||||||
3 | issued by the Department under Section 17-30, (ii) the assessed | ||||||
4 | value, after
final board of review or board of appeals action, | ||||||
5 | of real property not exempt
from real estate taxation, which | ||||||
6 | real property was exempt from real estate
taxation for any | ||||||
7 | portion of the immediately preceding levy year, multiplied by
| ||||||
8 | the equalization factor issued by the Department under Section | ||||||
9 | 17-30, including the assessed value, upon final stabilization | ||||||
10 | of occupancy after new construction is complete, of any real | ||||||
11 | property located within the boundaries of an otherwise or | ||||||
12 | previously exempt military reservation that is intended for | ||||||
13 | residential use and owned by or leased to a private corporation | ||||||
14 | or other entity,
(iii) in counties that classify in accordance | ||||||
15 | with Section 4 of Article
IX of the
Illinois Constitution, an | ||||||
16 | incentive property's additional assessed value
resulting from | ||||||
17 | a
scheduled increase in the level of assessment as applied to | ||||||
18 | the first year
final board of
review market value, and (iv) any | ||||||
19 | increase in assessed value due to oil or gas production from an | ||||||
20 | oil or gas well required to be permitted under the Hydraulic | ||||||
21 | Fracturing Regulatory Act that was not produced in or accounted | ||||||
22 | for during the previous levy year.
In addition, the county | ||||||
23 | clerk in a county containing a population of
3,000,000 or more | ||||||
24 | shall include in the 1997
recovered tax increment value for any | ||||||
25 | school district, any recovered tax
increment value that was | ||||||
26 | applicable to the 1995 tax year calculations.
|
| |||||||
| |||||||
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 |
| |||||||
| |||||||
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. |
| |||||||
| |||||||
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 | In the case of a taxing district that obtained referendum | ||||||
17 | approval for an increased limiting rate on March 20, 2012, the | ||||||
18 | limiting rate for tax year 2012 shall be the rate that | ||||||
19 | generates the approximate total amount of taxes extendable for | ||||||
20 | that tax year, as set forth in the proposition approved by the | ||||||
21 | voters; this rate shall be the final rate applied by the county | ||||||
22 | clerk for the aggregate of all capped funds of the district for | ||||||
23 | tax year 2012.
| ||||||
24 | (Source: P.A. 97-611, eff. 1-1-12; 97-1154, eff. 1-25-13; 98-6, | ||||||
25 | eff. 3-29-13; 98-23, eff. 6-17-13.)
|
| |||||||
| |||||||
1 | (35 ILCS 200/18-205)
| ||||||
2 | Sec. 18-205. Referendum to increase the extension | ||||||
3 | limitation. A taxing
district is limited to an extension | ||||||
4 | limitation as defined in Section 18-185 of 5% or the percentage | ||||||
5 | increase
in the Consumer Price Index during the 12-month | ||||||
6 | calendar year preceding the
levy year, whichever is less . A | ||||||
7 | taxing district may increase its extension
limitation for one | ||||||
8 | or more levy years if that taxing district holds a referendum
| ||||||
9 | before the levy date for the first levy year at which a | ||||||
10 | majority of voters voting on the issue approves
adoption of a | ||||||
11 | higher extension limitation. Referenda shall be conducted at a
| ||||||
12 | regularly scheduled election in accordance with the Election | ||||||
13 | Code. For referenda to increase the extension limitation for | ||||||
14 | levy years prior to 2016, the The question shall be presented | ||||||
15 | in
substantially the following manner for all elections held | ||||||
16 | after March 21, 2006 :
| ||||||
17 | Shall the extension limitation under the Property Tax | ||||||
18 | Extension Limitation Law for (insert the legal name, | ||||||
19 | number, if any, and county or counties of the taxing | ||||||
20 | district and geographic or other common name by which a | ||||||
21 | school or community college district is known and referred | ||||||
22 | to), Illinois, be increased from the lesser of 5% or the | ||||||
23 | percentage increase in the Consumer Price Index over the | ||||||
24 | prior levy year to (insert the percentage of the proposed | ||||||
25 | increase)% per year for (insert each levy year for which | ||||||
26 | the increased extension limitation will apply)? |
| |||||||
| |||||||
1 | For referenda to increase the extension limitation for levy | ||||||
2 | year 2016 and thereafter, the question shall be presented in
| ||||||
3 | substantially the following manner: | ||||||
4 | Shall the extension limitation under the Property Tax | ||||||
5 | Extension Limitation Law for (insert the legal name, | ||||||
6 | number, if any, and county or counties of the taxing | ||||||
7 | district and geographic or other common name by which a | ||||||
8 | school or community college district is known and referred | ||||||
9 | to), Illinois, be increased from 0% to (insert the | ||||||
10 | percentage of the proposed increase)% per year for (insert | ||||||
11 | each levy year for which the increased extension limitation | ||||||
12 | will apply)? | ||||||
13 | The votes must be recorded as "Yes" or "No".
| ||||||
14 | If a majority of voters voting on the issue approves the | ||||||
15 | adoption of
the increase, the increase shall be applicable for | ||||||
16 | each
levy year specified.
| ||||||
17 | The ballot for any question submitted pursuant to this | ||||||
18 | Section shall have printed thereon, but not as a part of the | ||||||
19 | question submitted, only the following supplemental | ||||||
20 | information (which shall be supplied to the election authority | ||||||
21 | by the taxing district) in substantially the following form: | ||||||
22 | (1) For the (insert the first levy year for which the | ||||||
23 | increased extension
limitation will be applicable) levy | ||||||
24 | year the approximate amount of the additional tax
| ||||||
25 | extendable against property containing a single family | ||||||
26 | residence and having a fair market
value at the time of the |
| |||||||
| |||||||
1 | referendum of $100,000 is estimated to be $.... | ||||||
2 | (2) Based upon an average annual percentage increase | ||||||
3 | (or decrease) in the
market value of such property of ...% | ||||||
4 | (insert percentage equal to the average
annual percentage | ||||||
5 | increase or decrease for the prior 3 levy years, at the | ||||||
6 | time the
submission of the question is initiated by the | ||||||
7 | taxing district, in the amount of (A) the
equalized | ||||||
8 | assessed value of the taxable property in the taxing | ||||||
9 | district less (B) the new
property included in the | ||||||
10 | equalized assessed value), the approximate amount of the
| ||||||
11 | additional tax extendable against such property for the ... | ||||||
12 | levy year is estimated to be
$... and for the ... levy year | ||||||
13 | is estimated to be $.... | ||||||
14 | Paragraph (2) shall be included only if the increased | ||||||
15 | extension limitation will be applicable for more than one year | ||||||
16 | and shall list each levy year for which the increased extension | ||||||
17 | limitation will be applicable. The additional tax shown for | ||||||
18 | each levy year shall be the approximate dollar amount of the | ||||||
19 | increase over the amount of the most recently completed | ||||||
20 | extension at the time the submission of the question is | ||||||
21 | initiated by the taxing district. The approximate amount of the | ||||||
22 | additional tax extendable shown in paragraphs (1) and (2) shall | ||||||
23 | be calculated by multiplying $100,000 (the fair market value of | ||||||
24 | the property without regard to any property tax exemptions) by | ||||||
25 | (i) the percentage level of assessment prescribed for that | ||||||
26 | property by statute, or by ordinance of the county board in |
| |||||||
| |||||||
1 | counties that classify property for purposes of taxation in | ||||||
2 | accordance with Section 4 of Article IX of the Illinois | ||||||
3 | Constitution; (ii) the most recent final equalization factor | ||||||
4 | certified to the county clerk by the Department of Revenue at | ||||||
5 | the time the taxing district initiates the submission of the | ||||||
6 | proposition to the electors; (iii) the last known aggregate | ||||||
7 | extension base of the taxing district at the time the | ||||||
8 | submission of the question is initiated by the taxing district; | ||||||
9 | and (iv) the difference between the percentage increase | ||||||
10 | proposed in the question and (A) the lesser of 5% or the | ||||||
11 | percentage increase in the Consumer Price Index for the prior | ||||||
12 | levy year (or an estimate of the percentage increase for the | ||||||
13 | prior levy year if the increase is unavailable at the time the | ||||||
14 | submission of the question is initiated by the taxing district) | ||||||
15 | or (B) 0%, as applicable ; and dividing the result by the last | ||||||
16 | known equalized assessed value of the taxing district at the | ||||||
17 | time the submission of the question is initiated by the taxing | ||||||
18 | district. This amendatory Act of the 97th General Assembly is | ||||||
19 | intended to clarify the existing requirements of this Section, | ||||||
20 | and shall not be construed to validate any prior non-compliant | ||||||
21 | referendum language. Any notice required to be published in | ||||||
22 | connection with the submission of the question shall also | ||||||
23 | contain this supplemental information and shall not contain any | ||||||
24 | other supplemental information. Any error, miscalculation, or | ||||||
25 | inaccuracy in computing any amount set forth on the ballot or | ||||||
26 | in the notice that is not deliberate shall not invalidate or |
| |||||||
| |||||||
1 | affect the validity of any proposition approved. Notice of the | ||||||
2 | referendum shall be published and posted as otherwise required | ||||||
3 | by law, and the submission of the question shall be initiated | ||||||
4 | as provided by law.
| ||||||
5 | (Source: P.A. 97-1087, eff. 8-24-12.)
| ||||||
6 | (35 ILCS 200/18-213)
| ||||||
7 | Sec. 18-213.
Referenda on applicability of the Property Tax | ||||||
8 | Extension
Limitation Law.
| ||||||
9 | (a) The provisions of this Section do not apply to a taxing | ||||||
10 | district
subject
to this Law because a majority of its 1990 | ||||||
11 | equalized assessed value is in a
county or counties contiguous | ||||||
12 | to a county of 3,000,000 or more inhabitants, or
because a | ||||||
13 | majority of its 1994 equalized assessed value is in an affected
| ||||||
14 | county and the taxing district was not subject to this Law | ||||||
15 | before the 1995 levy
year.
| ||||||
16 | (b) Prior to levy year 2016, the The county board of a | ||||||
17 | county that is not subject to this Law
may, by ordinance or | ||||||
18 | resolution, submit to the voters of the
county the question of | ||||||
19 | whether to
make all non-home rule taxing districts
that
have | ||||||
20 | all or a portion of their equalized assessed valuation
situated | ||||||
21 | in the county subject to this Law in the manner set forth in | ||||||
22 | this
Section.
| ||||||
23 | For purposes of this Section only:
| ||||||
24 | "Taxing district" has the same meaning provided in Section | ||||||
25 | 1-150.
|
| |||||||
| |||||||
1 | "Equalized
assessed valuation" means the equalized | ||||||
2 | assessed valuation for a taxing
district for the immediately | ||||||
3 | preceding levy year.
| ||||||
4 | (c) The ordinance or resolution shall request the | ||||||
5 | submission of
the
proposition at any election, except a | ||||||
6 | consolidated primary election, for the
purpose of voting for or | ||||||
7 | against making the Property
Tax Extension Limitation Law | ||||||
8 | applicable to all non-home rule taxing districts
that have all
| ||||||
9 | or a
portion of their equalized assessed valuation situated in | ||||||
10 | the county.
| ||||||
11 | The question shall be placed on a separate
ballot and shall | ||||||
12 | be in substantially the following form:
| ||||||
13 | Shall the Property Tax Extension Limitation Law (35 | ||||||
14 | ILCS 200/18-185 through
18-245), which
limits annual | ||||||
15 | property tax extension increases, apply to non-home
rule | ||||||
16 | taxing
districts with all or a portion of their equalized | ||||||
17 | assessed valuation located
in
(name of county)?
| ||||||
18 | Votes on the question shall be recorded as "yes" or "no".
| ||||||
19 | (d) The county clerk
shall order the proposition submitted | ||||||
20 | to the electors of the county
at the election specified in the | ||||||
21 | ordinance or resolution.
If part of the county is under the | ||||||
22 | jurisdiction of
a board or boards of election commissioners, | ||||||
23 | the county clerk
shall submit a certified copy of
the ordinance | ||||||
24 | or resolution to each board of election commissioners,
which | ||||||
25 | shall order the
proposition submitted to the electors of the | ||||||
26 | taxing district within its
jurisdiction at the election |
| |||||||
| |||||||
1 | specified in the ordinance or resolution.
| ||||||
2 | (e) (1) With respect to taxing districts having all of | ||||||
3 | their equalized
assessed
valuation located in the county, | ||||||
4 | if a majority of the votes cast on the
proposition are in | ||||||
5 | favor of the proposition, then this Law becomes applicable
| ||||||
6 | to the taxing district beginning on January 1 of the year | ||||||
7 | following the date of
the referendum.
| ||||||
8 | (2) With respect to taxing districts that meet all the | ||||||
9 | following
conditions this Law shall become applicable to | ||||||
10 | the taxing district beginning
on January 1, 1997. The | ||||||
11 | districts to which this paragraph (2) is applicable
| ||||||
12 | (A) do not have all of their equalized assessed | ||||||
13 | valuation located in a
single county,
| ||||||
14 | (B) have equalized assessed valuation in an | ||||||
15 | affected county,
| ||||||
16 | (C) meet the condition that each county, other than | ||||||
17 | an affected county,
in which any of the equalized | ||||||
18 | assessed valuation of the taxing district is
located | ||||||
19 | has held a referendum under this Section at any | ||||||
20 | election, except a
consolidated primary election, held | ||||||
21 | prior to the effective date of this
amendatory Act of | ||||||
22 | 1997, and
| ||||||
23 | (D) have a majority of the district's equalized | ||||||
24 | assessed valuation
located in one or more counties in | ||||||
25 | each of which the voters have approved a
referendum | ||||||
26 | under this Section prior to the effective date of this |
| |||||||
| |||||||
1 | amendatory
Act of 1997.
For purposes of this Section, | ||||||
2 | in determining whether a majority of the
equalized | ||||||
3 | assessed valuation of the taxing district is located in | ||||||
4 | one or more
counties in which the voters have approved | ||||||
5 | a referendum under this Section, the
equalized | ||||||
6 | assessed valuation of the taxing district in any | ||||||
7 | affected county
shall be included with the equalized | ||||||
8 | assessed value of the taxing district in
counties in | ||||||
9 | which the voters have approved the referendum.
| ||||||
10 | (3) With respect to taxing districts that do not have | ||||||
11 | all of
their equalized
assessed valuation located in a | ||||||
12 | single county and to which paragraph (2) of
subsection (e) | ||||||
13 | is not applicable, if each county other than an
affected | ||||||
14 | county in which any of
the equalized assessed valuation of | ||||||
15 | the taxing
district is located has held a referendum under | ||||||
16 | this Section at any election,
except a consolidated primary | ||||||
17 | election, held in any year and if a majority of
the | ||||||
18 | equalized
assessed valuation of the taxing district is | ||||||
19 | located in one or more counties
that have each approved a | ||||||
20 | referendum under this Section,
then this Law shall become | ||||||
21 | applicable to the taxing district on
January 1 of the year | ||||||
22 | following the year in which the last referendum in a
county | ||||||
23 | in which the taxing district has any equalized assessed | ||||||
24 | valuation is
held.
For the purposes of this Law, the last | ||||||
25 | referendum shall be deemed to be the
referendum making this | ||||||
26 | Law applicable to the taxing district. For purposes
of this |
| |||||||
| |||||||
1 | Section, in determining whether a majority of the equalized | ||||||
2 | assessed
valuation of the taxing district is located in one | ||||||
3 | or more counties that have
approved a referendum under this | ||||||
4 | Section, the equalized assessed valuation of
the taxing | ||||||
5 | district in any affected county shall be included with the | ||||||
6 | equalized
assessed value of the taxing district in counties | ||||||
7 | that have approved the
referendum.
| ||||||
8 | (f) Immediately after a referendum is held under this | ||||||
9 | Section, the county
clerk of the
county holding the referendum | ||||||
10 | shall give notice of the referendum having been
held and its | ||||||
11 | results to all taxing districts that have all
or a portion of | ||||||
12 | their equalized assessed valuation located in the county, the
| ||||||
13 | county clerk of any other county in which any of the equalized | ||||||
14 | assessed
valuation of any taxing district is located, and the | ||||||
15 | Department of Revenue.
After the last referendum affecting a | ||||||
16 | multi-county taxing district is held, the
Department of Revenue
| ||||||
17 | shall determine whether the taxing district is subject to this | ||||||
18 | Law
and, if so, shall notify the taxing district and the county | ||||||
19 | clerks of all of
the
counties in which a portion of the | ||||||
20 | equalized assessed valuation of the
taxing district is located | ||||||
21 | that, beginning the following January 1, the
taxing
district is | ||||||
22 | subject to this Law.
For each taxing district subject to | ||||||
23 | paragraph (2) of subsection (e) of this
Section, the Department | ||||||
24 | of Revenue shall notify the taxing district and the
county | ||||||
25 | clerks of all of the counties in which a portion of the | ||||||
26 | equalized
assessed valuation of the taxing district is located |
| |||||||
| |||||||
1 | that, beginning January 1,
1997, the taxing district is subject | ||||||
2 | to this Law.
| ||||||
3 | (g) Referenda held under this Section shall be conducted in | ||||||
4 | accordance with
the Election Code.
| ||||||
5 | (Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
| ||||||
6 | (35 ILCS 200/18-214)
| ||||||
7 | Sec. 18-214.
Referenda on removal of the applicability of | ||||||
8 | the Property Tax
Extension Limitation Law to non-home rule | ||||||
9 | taxing districts.
| ||||||
10 | (a) The provisions of this Section do not apply to a taxing | ||||||
11 | district that is
subject to this Law because a majority of its | ||||||
12 | 1990 equalized assessed value is
in a county or counties | ||||||
13 | contiguous to a county of 3,000,000 or more
inhabitants, or | ||||||
14 | because a majority of its 1994 equalized assessed value is in
| ||||||
15 | an
affected county and the taxing district was not subject to | ||||||
16 | this Law before the
1995 levy year.
| ||||||
17 | (b) For purposes of this Section only:
| ||||||
18 | "Taxing district" means any non-home rule taxing district | ||||||
19 | that became subject
to this Law under Section 18-213 of this | ||||||
20 | Law.
| ||||||
21 | "Equalized assessed valuation" means the equalized | ||||||
22 | assessed valuation for a
taxing district for the immediately | ||||||
23 | preceding levy year.
| ||||||
24 | (c) The county board of a county that became subject to | ||||||
25 | this Law by a
referendum approved by the voters of the county |
| |||||||
| |||||||
1 | under Section 18-213 may, by
ordinance or resolution, in the | ||||||
2 | manner set forth in this Section, submit to the
voters of the | ||||||
3 | county the question of whether this Law applies to all non-home
| ||||||
4 | rule taxing
districts that have all or a portion of their | ||||||
5 | equalized assessed valuation
situated in the county in the | ||||||
6 | manner set forth in this Section.
| ||||||
7 | (d) The ordinance or resolution shall request the | ||||||
8 | submission of the
proposition at any election, except a | ||||||
9 | consolidated primary election, for the
purpose of voting for or | ||||||
10 | against the continued application of the Property Tax
Extension | ||||||
11 | Limitation Law to all non-home rule taxing districts that have | ||||||
12 | all or
a portion of their equalized assessed valuation situated | ||||||
13 | in the county.
| ||||||
14 | The question shall be placed on a separate ballot and shall | ||||||
15 | be in
substantially the following form:
| ||||||
16 | Shall
the Property Tax
Extension Limitation Law (35 | ||||||
17 | ILCS 200/18-185 through 35 ILCS 200/18-245), which
limits | ||||||
18 | annual property tax extension increases, apply to non-home | ||||||
19 | rule taxing
districts with all or a portion of their | ||||||
20 | equalized assessed valuation located
in (name of county)?
| ||||||
21 | Votes on the question shall be recorded as "yes" or "no".
| ||||||
22 | (e) The county clerk shall order the proposition submitted | ||||||
23 | to the electors
of the county at the election specified in the | ||||||
24 | ordinance or resolution. If
part of the county is under the | ||||||
25 | jurisdiction of a board or boards of election
commissioners, | ||||||
26 | the county clerk shall submit a certified copy of the ordinance
|
| |||||||
| |||||||
1 | or resolution to each board of election commissioners, which | ||||||
2 | shall order the
proposition submitted to the electors of the | ||||||
3 | taxing district within its
jurisdiction at the election | ||||||
4 | specified in the ordinance or resolution.
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5 | (f) With respect to taxing districts having all of their | ||||||
6 | equalized assessed
valuation located in one county, if a | ||||||
7 | majority of the votes cast on the
proposition are against the | ||||||
8 | proposition, then this Law shall not apply to the
taxing | ||||||
9 | district beginning on January 1 of the year following the date | ||||||
10 | of
the referendum.
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11 | (g) With respect to taxing districts that do not have all | ||||||
12 | of their
equalized assessed valuation located in a single | ||||||
13 | county, if both of the
following conditions are met, then this | ||||||
14 | Law shall no longer apply to the taxing
district beginning on | ||||||
15 | January 1 of the year following the date of the
referendum.
| ||||||
16 | (1) Each county in which the district has any equalized | ||||||
17 | assessed valuation
must either, (i) have held a referendum | ||||||
18 | under this Section, (ii) be an affected
county, or (iii) | ||||||
19 | have held a referendum under Section 18-213 at which the
| ||||||
20 | voters rejected the proposition at the most recent election | ||||||
21 | at which the
question was on the ballot in the county.
| ||||||
22 | (2) The majority of the equalized assessed valuation of | ||||||
23 | the taxing
district,
other than any equalized assessed | ||||||
24 | valuation in an affected county, is in one or
more counties | ||||||
25 | in which the voters rejected the proposition. For purposes | ||||||
26 | of
this
Section, in determining whether a majority of the |
| |||||||
| |||||||
1 | equalized assessed valuation
of the taxing district is | ||||||
2 | located in one or more counties in which the voters
have | ||||||
3 | rejected the proposition under this Section, the equalized | ||||||
4 | assessed
valuation of any taxing district in a county which | ||||||
5 | has held a referendum under
Section 18-213 at which the | ||||||
6 | voters rejected that proposition, at the most
recent | ||||||
7 | election at which the question was on the ballot in the | ||||||
8 | county, will be
included with the equalized assessed value | ||||||
9 | of the taxing district in counties
in
which the voters have | ||||||
10 | rejected the referendum held under this Section.
| ||||||
11 | (h) Immediately after a referendum is held under this | ||||||
12 | Section, the county
clerk of the county holding the referendum | ||||||
13 | shall give notice of the referendum
having been held and its | ||||||
14 | results to all taxing districts that have all or a
portion of | ||||||
15 | their equalized assessed valuation located in the county, the | ||||||
16 | county
clerk of any other county in which any of the equalized | ||||||
17 | assessed valuation of
any such taxing district is located, and | ||||||
18 | the Department of Revenue. After the
last
referendum affecting | ||||||
19 | a multi-county taxing district is held, the Department of
| ||||||
20 | Revenue shall determine whether the taxing district is no | ||||||
21 | longer subject to
this Law and, if the taxing district is no | ||||||
22 | longer subject to this Law, the
Department of Revenue shall | ||||||
23 | notify the taxing district and the county clerks of
all of the | ||||||
24 | counties in which a portion of the equalized assessed valuation | ||||||
25 | of
the taxing district is located that, beginning on January 1 | ||||||
26 | of the
year following the date of the last
referendum, the |
| |||||||
| |||||||
1 | taxing district is no longer subject to this Law.
| ||||||
2 | (i) Notwithstanding any other provision of law, no | ||||||
3 | referendum may be submitted under this Section for levy year | ||||||
4 | 2016 or thereafter. | ||||||
5 | (Source: P.A. 89-718, eff. 3-7-97.)
| ||||||
6 | (35 ILCS 200/18-242 new) | ||||||
7 | Sec. 18-242. Home rule. This Division 5 is a limitation, | ||||||
8 | under
subsection
(g) of Section 6 of Article VII of the | ||||||
9 | Illinois Constitution, on the power of
home rule units to tax.
| ||||||
10 | Section 90. The State Mandates Act is amended by adding | ||||||
11 | Section 8.39 as follows:
| ||||||
12 | (30 ILCS 805/8.39 new) | ||||||
13 | Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
14 | of this Act, no reimbursement by the State is required for the | ||||||
15 | implementation of any mandate created by this amendatory Act of | ||||||
16 | the 99th General Assembly.
|