Bill Text: IL HB3082 | 2017-2018 | 100th General Assembly | Introduced
Bill Title: Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, if a school district has reserves of 50% or more of its operating budget for a levy year, then, for the next levy year, for that school district, "extension limitation" means 0% or the rate of increase approved by the voters. Effective immediately.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Failed) 2019-01-08 - Session Sine Die [HB3082 Detail]
Download: Illinois-2017-HB3082-Introduced.html
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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Property Tax Code is amended by changing | ||||||||||||||||||||||||||||
5 | Sections 18-185 and 18-205 as follows:
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6 | (35 ILCS 200/18-185)
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7 | (Text of Section before amendment by P.A. 99-521 ) | ||||||||||||||||||||||||||||
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" means , except as otherwise provided | ||||||||||||||||||||||||||||
15 | in this Section, (a) the lesser of 5% or the percentage | ||||||||||||||||||||||||||||
16 | increase
in the Consumer Price Index during the 12-month | ||||||||||||||||||||||||||||
17 | calendar year preceding the
levy year or (b) the rate of | ||||||||||||||||||||||||||||
18 | increase approved by voters under Section 18-205.
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19 | If, at a point in time designated by the State Board of | ||||||||||||||||||||||||||||
20 | Education by rule, any school district that is subject to this | ||||||||||||||||||||||||||||
21 | Law has reserves of 50% or more of its operating budget for a | ||||||||||||||||||||||||||||
22 | levy year, then, for that school district, for the next levy | ||||||||||||||||||||||||||||
23 | year, "extension limitation" means 0% or the rate of increase |
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1 | approved by the voters under Section 18-205. | ||||||
2 | "Affected county" means a county of 3,000,000 or more | ||||||
3 | inhabitants or a
county contiguous to a county of 3,000,000 or | ||||||
4 | more inhabitants.
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5 | "Taxing district" has the same meaning provided in Section | ||||||
6 | 1-150, except as
otherwise provided in this Section. For the | ||||||
7 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||
8 | only each non-home rule taxing district having the
majority of | ||||||
9 | its
1990 equalized assessed value within any county or counties | ||||||
10 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||
11 | Beginning with the 1995 levy
year, "taxing district" includes | ||||||
12 | only each non-home rule taxing district
subject to this Law | ||||||
13 | before the 1995 levy year and each non-home rule
taxing | ||||||
14 | district not subject to this Law before the 1995 levy year | ||||||
15 | having the
majority of its 1994 equalized assessed value in an | ||||||
16 | affected county or
counties. Beginning with the levy year in
| ||||||
17 | which this Law becomes applicable to a taxing district as
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18 | provided in Section 18-213, "taxing district" also includes | ||||||
19 | those taxing
districts made subject to this Law as provided in | ||||||
20 | Section 18-213.
Beginning in levy year 2017, "taxing district" | ||||||
21 | also means any school district that had reserves of 50% or more | ||||||
22 | of its operating budget at the point in time designated by the | ||||||
23 | State Board of Education by rule.
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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
| ||||||
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
| ||||||
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 persons with | ||||||
19 | disabilities under
Section 5-8 of
the
Park District Code or | ||||||
20 | Section 11-95-14 of the Illinois Municipal Code; (m) made for | ||||||
21 | temporary relocation loan repayment purposes pursuant to | ||||||
22 | Sections 2-3.77 and 17-2.2d of the School Code; (n) made for | ||||||
23 | payment of principal and interest on any bonds issued under the | ||||||
24 | authority 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 100th 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
| ||||||
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
| ||||||
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 persons with disabilities under Section 5-8 of the | ||||||
11 | Park
District Code or Section 11-95-14 of the Illinois | ||||||
12 | Municipal Code;
(o) made by the
Chicago Park
District for | ||||||
13 | recreational programs for persons with disabilities under | ||||||
14 | subsection (c) of
Section
7.06 of the Chicago Park District | ||||||
15 | Act; (p) made for contributions to a firefighter's pension fund | ||||||
16 | created under Article 4 of the Illinois Pension Code, to the | ||||||
17 | extent of the amount certified under item (5) of Section 4-134 | ||||||
18 | of the Illinois Pension Code; and (q) made by Ford Heights | ||||||
19 | School 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 |
| |||||||
| |||||||
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 persons with disabilities | ||||||
21 | under Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
22 | of the 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.
| ||||||
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 100th | ||||||
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;
| ||||||
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 persons with disabilities | ||||||
25 | under Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
26 | of the Illinois Municipal Code; and (l) made for contributions |
| |||||||
| |||||||
1 | to a 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. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143, | ||||||
25 | eff. 7-27-15.)
|
| |||||||
| |||||||
1 | (Text of Section after amendment by P.A. 99-521 ) | ||||||
2 | Sec. 18-185. Short title; definitions. This Division 5 may | ||||||
3 | be cited as the
Property Tax Extension Limitation Law. As used | ||||||
4 | in this Division 5:
| ||||||
5 | "Consumer Price Index" means the Consumer Price Index for | ||||||
6 | All Urban
Consumers for all items published by the United | ||||||
7 | States Department of Labor.
| ||||||
8 | "Extension limitation" means , except as otherwise provided | ||||||
9 | in this Section, (a) the lesser of 5% or the percentage | ||||||
10 | increase
in the Consumer Price Index during the 12-month | ||||||
11 | calendar year preceding the
levy year or (b) the rate of | ||||||
12 | increase approved by voters under Section 18-205.
| ||||||
13 | If, at a point in time designated by the State Board of | ||||||
14 | Education by rule, any school district that is subject to this | ||||||
15 | Law has reserves of 50% or more of its operating budget for a | ||||||
16 | levy year, then, for that school district, for the next levy | ||||||
17 | year, "extension limitation" means 0% or the rate of increase | ||||||
18 | approved by the voters under Section 18-205. | ||||||
19 | "Affected county" means a county of 3,000,000 or more | ||||||
20 | inhabitants or a
county contiguous to a county of 3,000,000 or | ||||||
21 | more inhabitants.
| ||||||
22 | "Taxing district" has the same meaning provided in Section | ||||||
23 | 1-150, except as
otherwise provided in this Section. For the | ||||||
24 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||
25 | only each non-home rule taxing district having the
majority of | ||||||
26 | its
1990 equalized assessed value within any county or counties |
| |||||||
| |||||||
1 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||
2 | Beginning with the 1995 levy
year, "taxing district" includes | ||||||
3 | only each non-home rule taxing district
subject to this Law | ||||||
4 | before the 1995 levy year and each non-home rule
taxing | ||||||
5 | district not subject to this Law before the 1995 levy year | ||||||
6 | having the
majority of its 1994 equalized assessed value in an | ||||||
7 | affected county or
counties. Beginning with the levy year in
| ||||||
8 | which this Law becomes applicable to a taxing district as
| ||||||
9 | provided in Section 18-213, "taxing district" also includes | ||||||
10 | those taxing
districts made subject to this Law as provided in | ||||||
11 | Section 18-213.
Beginning in levy year 2017, "taxing district" | ||||||
12 | also means any school district that had reserves of 50% or more | ||||||
13 | of its operating budget at the point in time designated by the | ||||||
14 | State Board of Education by rule.
| ||||||
15 | "Aggregate extension" for taxing districts to which this | ||||||
16 | Law applied before
the 1995 levy year means the annual | ||||||
17 | corporate extension for the taxing
district and those special | ||||||
18 | purpose extensions that are made annually for
the taxing | ||||||
19 | district, excluding special purpose extensions: (a) made for | ||||||
20 | the
taxing district to pay interest or principal on general | ||||||
21 | obligation bonds
that were approved by referendum; (b) made for | ||||||
22 | any taxing district to pay
interest or principal on general | ||||||
23 | obligation bonds issued before October 1,
1991; (c) made for | ||||||
24 | any taxing district to pay interest or principal on bonds
| ||||||
25 | issued to refund or continue to refund those bonds issued | ||||||
26 | before October 1,
1991; (d)
made for any taxing district to pay |
| |||||||
| |||||||
1 | interest or principal on bonds
issued to refund or continue to | ||||||
2 | refund bonds issued after October 1, 1991 that
were approved by | ||||||
3 | referendum; (e)
made for any taxing district to pay interest
or | ||||||
4 | principal on revenue bonds issued before October 1, 1991 for | ||||||
5 | payment of
which a property tax levy or the full faith and | ||||||
6 | credit of the unit of local
government is pledged; however, a | ||||||
7 | tax for the payment of interest or principal
on those bonds | ||||||
8 | shall be made only after the governing body of the unit of | ||||||
9 | local
government finds that all other sources for payment are | ||||||
10 | insufficient to make
those payments; (f) made for payments | ||||||
11 | under a building commission lease when
the lease payments are | ||||||
12 | for the retirement of bonds issued by the commission
before | ||||||
13 | October 1, 1991, to pay for the building project; (g) made for | ||||||
14 | payments
due under installment contracts entered into before | ||||||
15 | October 1, 1991;
(h) made for payments of principal and | ||||||
16 | interest on bonds issued under the
Metropolitan Water | ||||||
17 | Reclamation District Act to finance construction projects
| ||||||
18 | initiated before October 1, 1991; (i) made for payments of | ||||||
19 | principal and
interest on limited bonds, as defined in Section | ||||||
20 | 3 of the Local Government Debt
Reform Act, in an amount not to | ||||||
21 | exceed the debt service extension base less
the amount in items | ||||||
22 | (b), (c), (e), and (h) of this definition for
non-referendum | ||||||
23 | obligations, except obligations initially issued pursuant to
| ||||||
24 | referendum; (j) made for payments of principal and interest on | ||||||
25 | bonds
issued under Section 15 of the Local Government Debt | ||||||
26 | Reform Act; (k)
made
by a school district that participates in |
| |||||||
| |||||||
1 | the Special Education District of
Lake County, created by | ||||||
2 | special education joint agreement under Section
10-22.31 of the | ||||||
3 | School Code, for payment of the school district's share of the
| ||||||
4 | amounts required to be contributed by the Special Education | ||||||
5 | District of Lake
County to the Illinois Municipal Retirement | ||||||
6 | Fund under Article 7 of the
Illinois Pension Code; the amount | ||||||
7 | of any extension under this item (k) shall be
certified by the | ||||||
8 | school district to the county clerk; (l) made to fund
expenses | ||||||
9 | of providing joint recreational programs for persons with | ||||||
10 | disabilities under
Section 5-8 of
the
Park District Code or | ||||||
11 | Section 11-95-14 of the Illinois Municipal Code; (m) made for | ||||||
12 | temporary relocation loan repayment purposes pursuant to | ||||||
13 | Sections 2-3.77 and 17-2.2d of the School Code; (n) made for | ||||||
14 | payment of principal and interest on any bonds issued under the | ||||||
15 | authority of Section 17-2.2d of the School Code; (o) made for | ||||||
16 | contributions to a firefighter's pension fund created under | ||||||
17 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
18 | amount certified under item (5) of Section 4-134 of the | ||||||
19 | Illinois Pension Code; and (p) made for road purposes in the | ||||||
20 | first year after a township assumes the rights, powers, duties, | ||||||
21 | assets, property, liabilities, obligations, and
| ||||||
22 | responsibilities of a road district abolished under the | ||||||
23 | provisions of Section 6-133 of the Illinois Highway Code.
| ||||||
24 | "Aggregate extension" for the taxing districts to which | ||||||
25 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
26 | districts subject to this Law
in
accordance with Section 18-213 |
| |||||||
| |||||||
1 | or this amendatory Act of the 100th General Assembly ) means the | ||||||
2 | annual corporate extension for the
taxing district and those | ||||||
3 | special purpose extensions that are made annually for
the | ||||||
4 | taxing district, excluding special purpose extensions: (a) | ||||||
5 | made for the
taxing district to pay interest or principal on | ||||||
6 | general obligation bonds that
were approved by referendum; (b) | ||||||
7 | made for any taxing district to pay interest
or principal on | ||||||
8 | general obligation bonds issued before March 1, 1995; (c) made
| ||||||
9 | for any taxing district to pay interest or principal on bonds | ||||||
10 | issued to refund
or continue to refund those bonds issued | ||||||
11 | before March 1, 1995; (d) made for any
taxing district to pay | ||||||
12 | interest or principal on bonds issued to refund or
continue to | ||||||
13 | refund bonds issued after March 1, 1995 that were approved by
| ||||||
14 | referendum; (e) made for any taxing district to pay interest or | ||||||
15 | principal on
revenue bonds issued before March 1, 1995 for | ||||||
16 | payment of which a property tax
levy or the full faith and | ||||||
17 | credit of the unit of local government is pledged;
however, a | ||||||
18 | tax for the payment of interest or principal on those bonds | ||||||
19 | shall be
made only after the governing body of the unit of | ||||||
20 | local government finds that
all other sources for payment are | ||||||
21 | insufficient to make those payments; (f) made
for payments | ||||||
22 | under a building commission lease when the lease payments are | ||||||
23 | for
the retirement of bonds issued by the commission before | ||||||
24 | March 1, 1995 to
pay for the building project; (g) made for | ||||||
25 | payments due under installment
contracts entered into before | ||||||
26 | March 1, 1995; (h) made for payments of
principal and interest |
| |||||||
| |||||||
1 | on bonds issued under the Metropolitan Water Reclamation
| ||||||
2 | District Act to finance construction projects initiated before | ||||||
3 | October 1,
1991; (h-4) made for stormwater management purposes | ||||||
4 | by the Metropolitan Water Reclamation District of Greater | ||||||
5 | Chicago under Section 12 of the Metropolitan Water Reclamation | ||||||
6 | District Act; (i) made for payments of principal and interest | ||||||
7 | on limited bonds,
as defined in Section 3 of the Local | ||||||
8 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
9 | service extension base less the amount in items (b),
(c), and | ||||||
10 | (e) of this definition for non-referendum obligations, except
| ||||||
11 | obligations initially issued pursuant to referendum and bonds | ||||||
12 | described in
subsection (h) of this definition; (j) made for | ||||||
13 | payments of
principal and interest on bonds issued under | ||||||
14 | Section 15 of the Local Government
Debt Reform Act; (k) made | ||||||
15 | for payments of principal and interest on bonds
authorized by | ||||||
16 | Public Act 88-503 and issued under Section 20a of the Chicago
| ||||||
17 | Park District Act for aquarium or
museum projects; (l) made for | ||||||
18 | payments of principal and interest on
bonds
authorized by | ||||||
19 | Public Act 87-1191 or 93-601 and (i) issued pursuant to Section | ||||||
20 | 21.2 of the Cook County Forest
Preserve District Act, (ii) | ||||||
21 | issued under Section 42 of the Cook County
Forest Preserve | ||||||
22 | District Act for zoological park projects, or (iii) issued
| ||||||
23 | under Section 44.1 of the Cook County Forest Preserve District | ||||||
24 | Act for
botanical gardens projects; (m) made
pursuant
to | ||||||
25 | Section 34-53.5 of the School Code, whether levied annually or | ||||||
26 | not;
(n) made to fund expenses of providing joint recreational |
| |||||||
| |||||||
1 | programs for persons with disabilities under Section 5-8 of the | ||||||
2 | Park
District Code or Section 11-95-14 of the Illinois | ||||||
3 | Municipal Code;
(o) made by the
Chicago Park
District for | ||||||
4 | recreational programs for persons with disabilities under | ||||||
5 | subsection (c) of
Section
7.06 of the Chicago Park District | ||||||
6 | Act; (p) made for contributions to a firefighter's pension fund | ||||||
7 | created under Article 4 of the Illinois Pension Code, to the | ||||||
8 | extent of the amount certified under item (5) of Section 4-134 | ||||||
9 | of the Illinois Pension Code; (q) made by Ford Heights School | ||||||
10 | District 169 under Section 17-9.02 of the School Code; and (r) | ||||||
11 | made for the purpose of making employer contributions to the | ||||||
12 | Public School Teachers' Pension and Retirement Fund of Chicago | ||||||
13 | under Section 34-53 of the School Code.
| ||||||
14 | "Aggregate extension" for all taxing districts to which | ||||||
15 | this Law applies in
accordance with Section 18-213, except for | ||||||
16 | those taxing districts subject to
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 date on which the
referendum making this
Law applicable to | ||||||
25 | the taxing district is held; (c) made
for any taxing district | ||||||
26 | to pay interest or principal on bonds issued to refund
or |
| |||||||
| |||||||
1 | continue to refund those bonds issued before the date on which | ||||||
2 | the
referendum making this Law
applicable to the taxing | ||||||
3 | district is held;
(d) made for any
taxing district to pay | ||||||
4 | interest or principal on bonds issued to refund or
continue to | ||||||
5 | refund bonds issued after the date on which the referendum | ||||||
6 | making
this Law
applicable to the taxing district is held if | ||||||
7 | the bonds were approved by
referendum after the date on which | ||||||
8 | the referendum making this Law
applicable to the taxing | ||||||
9 | district is held; (e) made for any
taxing district to pay | ||||||
10 | interest or principal on
revenue bonds issued before the date | ||||||
11 | on which the referendum making this Law
applicable to the
| ||||||
12 | taxing district is held for payment of which a property tax
| ||||||
13 | levy or the full faith and credit of the unit of local | ||||||
14 | government is pledged;
however, a tax for the payment of | ||||||
15 | interest or principal on those bonds shall be
made only after | ||||||
16 | the governing body of the unit of local government finds that
| ||||||
17 | all other sources for payment are insufficient to make those | ||||||
18 | payments; (f) made
for payments under a building commission | ||||||
19 | lease when the lease payments are for
the retirement of bonds | ||||||
20 | issued by the commission before the date on which the
| ||||||
21 | referendum making this
Law applicable to the taxing district is | ||||||
22 | held to
pay for the building project; (g) made for payments due | ||||||
23 | under installment
contracts entered into before the date on | ||||||
24 | which the referendum making this Law
applicable to
the taxing | ||||||
25 | district is held;
(h) made for payments
of principal and | ||||||
26 | interest on limited bonds,
as defined in Section 3 of the Local |
| |||||||
| |||||||
1 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
2 | service extension base less the amount in items (b),
(c), and | ||||||
3 | (e) of this definition for non-referendum obligations, except
| ||||||
4 | obligations initially issued pursuant to referendum; (i) made | ||||||
5 | for payments
of
principal and interest on bonds issued under | ||||||
6 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
7 | for a qualified airport authority to pay interest or principal | ||||||
8 | on
general obligation bonds issued for the purpose of paying | ||||||
9 | obligations due
under, or financing airport facilities | ||||||
10 | required to be acquired, constructed,
installed or equipped | ||||||
11 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
12 | not including any amendments to such a contract taking effect | ||||||
13 | on
or after that date); (k) made to fund expenses of providing | ||||||
14 | joint
recreational programs for persons with disabilities | ||||||
15 | under Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
16 | of the Illinois Municipal Code; (l) made for contributions to a | ||||||
17 | firefighter's pension fund created under Article 4 of the | ||||||
18 | Illinois Pension Code, to the extent of the amount certified | ||||||
19 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
20 | and (m) made for the taxing district to pay interest or | ||||||
21 | principal on general obligation bonds issued pursuant to | ||||||
22 | Section 19-3.10 of the School Code.
| ||||||
23 | "Aggregate extension" for all taxing districts to which | ||||||
24 | this Law applies in
accordance with paragraph (2) of subsection | ||||||
25 | (e) of Section 18-213 or this amendatory Act of the 100th | ||||||
26 | General Assembly means the
annual corporate extension for the
|
| |||||||
| |||||||
1 | taxing district and those special purpose extensions that are | ||||||
2 | made annually for
the taxing district, excluding special | ||||||
3 | purpose extensions: (a) made for the
taxing district to pay | ||||||
4 | interest or principal on general obligation bonds that
were | ||||||
5 | approved by referendum; (b) made for any taxing district to pay | ||||||
6 | interest
or principal on general obligation bonds issued before | ||||||
7 | the effective date of
this amendatory Act of 1997;
(c) made
for | ||||||
8 | any taxing district to pay interest or principal on bonds | ||||||
9 | issued to refund
or continue to refund those bonds issued | ||||||
10 | before the effective date
of this amendatory Act of 1997;
(d) | ||||||
11 | made for any
taxing district to pay interest or principal on | ||||||
12 | bonds issued to refund or
continue to refund bonds issued after | ||||||
13 | the effective date of this amendatory Act
of 1997 if the bonds | ||||||
14 | were approved by referendum after the effective date of
this | ||||||
15 | amendatory Act of 1997;
(e) made for any
taxing district to pay | ||||||
16 | interest or principal on
revenue bonds issued before the | ||||||
17 | effective date of this amendatory Act of 1997
for payment of | ||||||
18 | which a property tax
levy or the full faith and credit of the | ||||||
19 | unit of local government is pledged;
however, a tax for the | ||||||
20 | payment of interest or principal on those bonds shall be
made | ||||||
21 | only after the governing body of the unit of local government | ||||||
22 | finds that
all other sources for payment are insufficient to | ||||||
23 | make those payments; (f) made
for payments under a building | ||||||
24 | commission lease when the lease payments are for
the retirement | ||||||
25 | of bonds issued by the commission before the effective date
of | ||||||
26 | this amendatory Act of 1997
to
pay for the building project; |
| |||||||
| |||||||
1 | (g) made for payments due under installment
contracts entered | ||||||
2 | into before the effective date of this amendatory Act of
1997;
| ||||||
3 | (h) made for payments
of principal and interest on limited | ||||||
4 | bonds,
as defined in Section 3 of the Local Government Debt | ||||||
5 | Reform Act, in an amount
not to exceed the debt service | ||||||
6 | extension base less the amount in items (b),
(c), and (e) of | ||||||
7 | this definition for non-referendum obligations, except
| ||||||
8 | obligations initially issued pursuant to referendum; (i) made | ||||||
9 | for payments
of
principal and interest on bonds issued under | ||||||
10 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
11 | for a qualified airport authority to pay interest or principal | ||||||
12 | on
general obligation bonds issued for the purpose of paying | ||||||
13 | obligations due
under, or financing airport facilities | ||||||
14 | required to be acquired, constructed,
installed or equipped | ||||||
15 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
16 | not including any amendments to such a contract taking effect | ||||||
17 | on
or after that date); (k) made to fund expenses of providing | ||||||
18 | joint
recreational programs for persons with disabilities | ||||||
19 | under Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
20 | of the Illinois Municipal Code; and (l) made for contributions | ||||||
21 | to a firefighter's pension fund created under Article 4 of the | ||||||
22 | Illinois Pension Code, to the extent of the amount certified | ||||||
23 | under item (5) of Section 4-134 of the Illinois Pension Code.
| ||||||
24 | "Debt service extension base" means an amount equal to that | ||||||
25 | portion of the
extension for a taxing district for the 1994 | ||||||
26 | levy year, or for those taxing
districts subject to this Law in |
| |||||||
| |||||||
1 | accordance with Section 18-213, except for
those subject to | ||||||
2 | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| ||||||
3 | year in which the referendum making this Law applicable to the | ||||||
4 | taxing district
is held, or for those taxing districts subject | ||||||
5 | to this Law in accordance with
paragraph (2) of subsection (e) | ||||||
6 | of Section 18-213 for the 1996 levy year,
constituting an
| ||||||
7 | extension for payment of principal and interest on bonds issued | ||||||
8 | by the taxing
district without referendum, but not including | ||||||
9 | excluded non-referendum bonds. For park districts (i) that were | ||||||
10 | first
subject to this Law in 1991 or 1995 and (ii) whose | ||||||
11 | extension for the 1994 levy
year for the payment of principal | ||||||
12 | and interest on bonds issued by the park
district without | ||||||
13 | referendum (but not including excluded non-referendum bonds)
| ||||||
14 | was less than 51% of the amount for the 1991 levy year | ||||||
15 | constituting an
extension for payment of principal and interest | ||||||
16 | on bonds issued by the park
district without referendum (but | ||||||
17 | not including excluded non-referendum bonds),
"debt service | ||||||
18 | extension base" means an amount equal to that portion of the
| ||||||
19 | extension for the 1991 levy year constituting an extension for | ||||||
20 | payment of
principal and interest on bonds issued by the park | ||||||
21 | district without referendum
(but not including excluded | ||||||
22 | non-referendum bonds). A debt service extension base | ||||||
23 | established or increased at any time pursuant to any provision | ||||||
24 | of this Law, except Section 18-212, shall be increased each | ||||||
25 | year commencing with the later of (i) the 2009 levy year or | ||||||
26 | (ii) the first levy year in which this Law becomes applicable |
| |||||||
| |||||||
1 | to the taxing district, by the lesser of 5% or the percentage | ||||||
2 | increase in the Consumer Price Index during the 12-month | ||||||
3 | calendar year preceding the levy year. The debt service | ||||||
4 | extension
base may be established or increased as provided | ||||||
5 | under Section 18-212.
"Excluded non-referendum bonds" means | ||||||
6 | (i) bonds authorized by Public
Act 88-503 and issued under | ||||||
7 | Section 20a of the Chicago Park District Act for
aquarium and | ||||||
8 | museum projects; (ii) bonds issued under Section 15 of the
| ||||||
9 | Local Government Debt Reform Act; or (iii) refunding | ||||||
10 | obligations issued
to refund or to continue to refund | ||||||
11 | obligations initially issued pursuant to
referendum.
| ||||||
12 | "Special purpose extensions" include, but are not limited | ||||||
13 | to, extensions
for levies made on an annual basis for | ||||||
14 | unemployment and workers'
compensation, self-insurance, | ||||||
15 | contributions to pension plans, and extensions
made pursuant to | ||||||
16 | Section 6-601 of the Illinois Highway Code for a road
| ||||||
17 | district's permanent road fund whether levied annually or not. | ||||||
18 | The
extension for a special service area is not included in the
| ||||||
19 | aggregate extension.
| ||||||
20 | "Aggregate extension base" means the taxing district's | ||||||
21 | last preceding
aggregate extension as adjusted under Sections | ||||||
22 | 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 | ||||||
23 | shall be made for the 2007 levy year and all subsequent levy | ||||||
24 | years whenever one or more counties within which a taxing | ||||||
25 | district is located (i) used estimated valuations or rates when | ||||||
26 | extending taxes in the taxing district for the last preceding |
| |||||||
| |||||||
1 | levy year that resulted in the over or under extension of | ||||||
2 | taxes, or (ii) increased or decreased the tax extension for the | ||||||
3 | last preceding levy year as required by Section 18-135(c). | ||||||
4 | Whenever an adjustment is required under Section 18-135, the | ||||||
5 | aggregate extension base of the taxing district shall be equal | ||||||
6 | to the amount that the aggregate extension of the taxing | ||||||
7 | district would have been for the last preceding levy year if | ||||||
8 | either or both (i) actual, rather than estimated, valuations or | ||||||
9 | rates had been used to calculate the extension of taxes for the | ||||||
10 | last levy year, or (ii) the tax extension for the last | ||||||
11 | preceding levy year had not been adjusted as required by | ||||||
12 | subsection (c) of Section 18-135.
| ||||||
13 | Notwithstanding any other provision of law, for levy year | ||||||
14 | 2012, the aggregate extension base for West Northfield School | ||||||
15 | District No. 31 in Cook County shall be $12,654,592. | ||||||
16 | "Levy year" has the same meaning as "year" under Section
| ||||||
17 | 1-155.
| ||||||
18 | "New property" means (i) the assessed value, after final | ||||||
19 | board of review or
board of appeals action, of new improvements | ||||||
20 | or additions to existing
improvements on any parcel of real | ||||||
21 | property that increase the assessed value of
that real property | ||||||
22 | during the levy year multiplied by the equalization factor
| ||||||
23 | issued by the Department under Section 17-30, (ii) the assessed | ||||||
24 | value, after
final board of review or board of appeals action, | ||||||
25 | of real property not exempt
from real estate taxation, which | ||||||
26 | real property was exempt from real estate
taxation for any |
| |||||||
| |||||||
1 | portion of the immediately preceding levy year, multiplied by
| ||||||
2 | the equalization factor issued by the Department under Section | ||||||
3 | 17-30, including the assessed value, upon final stabilization | ||||||
4 | of occupancy after new construction is complete, of any real | ||||||
5 | property located within the boundaries of an otherwise or | ||||||
6 | previously exempt military reservation that is intended for | ||||||
7 | residential use and owned by or leased to a private corporation | ||||||
8 | or other entity,
(iii) in counties that classify in accordance | ||||||
9 | with Section 4 of Article
IX of the
Illinois Constitution, an | ||||||
10 | incentive property's additional assessed value
resulting from | ||||||
11 | a
scheduled increase in the level of assessment as applied to | ||||||
12 | the first year
final board of
review market value, and (iv) any | ||||||
13 | increase in assessed value due to oil or gas production from an | ||||||
14 | oil or gas well required to be permitted under the Hydraulic | ||||||
15 | Fracturing Regulatory Act that was not produced in or accounted | ||||||
16 | for during the previous levy year.
In addition, the county | ||||||
17 | clerk in a county containing a population of
3,000,000 or more | ||||||
18 | shall include in the 1997
recovered tax increment value for any | ||||||
19 | school district, any recovered tax
increment value that was | ||||||
20 | applicable to the 1995 tax year calculations.
| ||||||
21 | "Qualified airport authority" means an airport authority | ||||||
22 | organized under
the Airport Authorities Act and located in a | ||||||
23 | county bordering on the State of
Wisconsin and having a | ||||||
24 | population in excess of 200,000 and not greater than
500,000.
| ||||||
25 | "Recovered tax increment value" means, except as otherwise | ||||||
26 | provided in this
paragraph, the amount of the current year's |
| |||||||
| |||||||
1 | equalized assessed value, in the
first year after a | ||||||
2 | municipality terminates
the designation of an area as a | ||||||
3 | redevelopment project area previously
established under the | ||||||
4 | Tax Increment Allocation Development Act in the Illinois
| ||||||
5 | Municipal Code, previously established under the Industrial | ||||||
6 | Jobs Recovery Law
in the Illinois Municipal Code, previously | ||||||
7 | established under the Economic Development Project Area Tax | ||||||
8 | Increment Act of 1995, or previously established under the | ||||||
9 | Economic
Development Area Tax Increment Allocation Act, of each | ||||||
10 | taxable lot, block,
tract, or parcel of real property in the | ||||||
11 | redevelopment project area over and
above the initial equalized | ||||||
12 | assessed value of each property in the
redevelopment project | ||||||
13 | area.
For the taxes which are extended for the 1997 levy year, | ||||||
14 | the recovered tax
increment value for a non-home rule taxing | ||||||
15 | district that first became subject
to this Law for the 1995 | ||||||
16 | levy year because a majority of its 1994 equalized
assessed | ||||||
17 | value was in an affected county or counties shall be increased | ||||||
18 | if a
municipality terminated the designation of an area in 1993 | ||||||
19 | as a redevelopment
project area previously established under | ||||||
20 | the Tax Increment Allocation
Development Act in the Illinois | ||||||
21 | Municipal Code, previously established under
the Industrial | ||||||
22 | Jobs Recovery Law in the Illinois Municipal Code, or previously
| ||||||
23 | established under the Economic Development Area Tax Increment | ||||||
24 | Allocation Act,
by an amount equal to the 1994 equalized | ||||||
25 | assessed value of each taxable lot,
block, tract, or parcel of | ||||||
26 | real property in the redevelopment project area over
and above |
| |||||||
| |||||||
1 | the initial equalized assessed value of each property in the
| ||||||
2 | redevelopment project area.
In the first year after a | ||||||
3 | municipality
removes a taxable lot, block, tract, or parcel of | ||||||
4 | real property from a
redevelopment project area established | ||||||
5 | under the Tax Increment Allocation
Development Act in the | ||||||
6 | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in | ||||||
7 | the Illinois Municipal Code, or the Economic
Development Area | ||||||
8 | Tax Increment Allocation Act, "recovered tax increment value"
| ||||||
9 | means the amount of the current year's equalized assessed value | ||||||
10 | of each taxable
lot, block, tract, or parcel of real property | ||||||
11 | removed from the redevelopment
project area over and above the | ||||||
12 | initial equalized assessed value of that real
property before | ||||||
13 | removal from the redevelopment project area.
| ||||||
14 | Except as otherwise provided in this Section, "limiting | ||||||
15 | rate" means a
fraction the numerator of which is the last
| ||||||
16 | preceding aggregate extension base times an amount equal to one | ||||||
17 | plus the
extension limitation defined in this Section and the | ||||||
18 | denominator of which
is the current year's equalized assessed | ||||||
19 | value of all real property in the
territory under the | ||||||
20 | jurisdiction of the taxing district during the prior
levy year. | ||||||
21 | For those taxing districts that reduced their aggregate
| ||||||
22 | extension for the last preceding levy year, the highest | ||||||
23 | aggregate extension
in any of the last 3 preceding levy years | ||||||
24 | shall be used for the purpose of
computing the limiting rate. | ||||||
25 | The denominator shall not include new
property or the recovered | ||||||
26 | tax increment
value.
If a new rate, a rate decrease, or a |
| |||||||
| |||||||
1 | limiting rate increase has been approved at an election held | ||||||
2 | after March 21, 2006, then (i) the otherwise applicable | ||||||
3 | limiting rate shall be increased by the amount of the new rate | ||||||
4 | or shall be reduced by the amount of the rate decrease, as the | ||||||
5 | case may be, or (ii) in the case of a limiting rate increase, | ||||||
6 | the limiting rate shall be equal to the rate set forth
in the | ||||||
7 | proposition approved by the voters for each of the years | ||||||
8 | specified in the proposition, after
which the limiting rate of | ||||||
9 | the taxing district shall be calculated as otherwise provided. | ||||||
10 | In the case of a taxing district that obtained referendum | ||||||
11 | approval for an increased limiting rate on March 20, 2012, the | ||||||
12 | limiting rate for tax year 2012 shall be the rate that | ||||||
13 | generates the approximate total amount of taxes extendable for | ||||||
14 | that tax year, as set forth in the proposition approved by the | ||||||
15 | voters; this rate shall be the final rate applied by the county | ||||||
16 | clerk for the aggregate of all capped funds of the district for | ||||||
17 | tax year 2012.
| ||||||
18 | (Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143, | ||||||
19 | eff. 7-27-15; 99-521, eff. 6-1-17.)
| ||||||
20 | (35 ILCS 200/18-205)
| ||||||
21 | Sec. 18-205. Referendum to increase the extension | ||||||
22 | limitation. A taxing
district is limited to an extension | ||||||
23 | limitation as defined in Section 18-185 of 5% or the percentage | ||||||
24 | increase
in the Consumer Price Index during the 12-month | ||||||
25 | calendar year preceding the
levy year, whichever is less . A |
| |||||||
| |||||||
1 | taxing district may increase its extension
limitation for one | ||||||
2 | or more levy years if that taxing district holds a referendum
| ||||||
3 | before the levy date for the first levy year at which a | ||||||
4 | majority of voters voting on the issue approves
adoption of a | ||||||
5 | higher extension limitation. Referenda shall be conducted at a
| ||||||
6 | regularly scheduled election in accordance with the Election | ||||||
7 | Code. The question shall be presented in
substantially the | ||||||
8 | following manner for all elections held after March 21, 2006 :
| ||||||
9 | Shall the extension limitation under the Property Tax | ||||||
10 | Extension Limitation Law for (insert the legal name, | ||||||
11 | number, if any, and county or counties of the taxing | ||||||
12 | district and geographic or other common name by which a | ||||||
13 | school or community college district is known and referred | ||||||
14 | to), Illinois, be increased from the lesser of 5% or the | ||||||
15 | percentage increase in the Consumer Price Index over the | ||||||
16 | prior levy year to (insert the percentage of the proposed | ||||||
17 | increase)% per year for (insert each levy year for which | ||||||
18 | the increased extension limitation will apply)? | ||||||
19 | In the case of a school district that had reserves of 50% | ||||||
20 | or more of its operating budget, the question shall be | ||||||
21 | presented in
substantially the following manner: | ||||||
22 | Shall the extension limitation under the Property Tax | ||||||
23 | Extension Limitation Law for (insert the legal name, | ||||||
24 | number, if any, and county or counties of the taxing | ||||||
25 | district and geographic or other common name by which a | ||||||
26 | school or community college district is known and referred |
| |||||||
| |||||||
1 | to), Illinois, be increased from 0% to (insert the | ||||||
2 | percentage of the proposed increase)% per year for (insert | ||||||
3 | each levy year for which the increased extension limitation | ||||||
4 | will apply)? | ||||||
5 | The votes must be recorded as "Yes" or "No".
| ||||||
6 | If a majority of voters voting on the issue approves the | ||||||
7 | adoption of
the increase, the increase shall be applicable for | ||||||
8 | each
levy year specified.
| ||||||
9 | The ballot for any question submitted pursuant to this | ||||||
10 | Section shall have printed thereon, but not as a part of the | ||||||
11 | question submitted, only the following supplemental | ||||||
12 | information (which shall be supplied to the election authority | ||||||
13 | by the taxing district) in substantially the following form: | ||||||
14 | (1) For the (insert the first levy year for which the | ||||||
15 | increased extension
limitation will be applicable) levy | ||||||
16 | year the approximate amount of the additional tax
| ||||||
17 | extendable against property containing a single family | ||||||
18 | residence and having a fair market
value at the time of the | ||||||
19 | referendum of $100,000 is estimated to be $.... | ||||||
20 | (2) Based upon an average annual percentage increase | ||||||
21 | (or decrease) in the
market value of such property of ...% | ||||||
22 | (insert percentage equal to the average
annual percentage | ||||||
23 | increase or decrease for the prior 3 levy years, at the | ||||||
24 | time the
submission of the question is initiated by the | ||||||
25 | taxing district, in the amount of (A) the
equalized | ||||||
26 | assessed value of the taxable property in the taxing |
| |||||||
| |||||||
1 | district less (B) the new
property included in the | ||||||
2 | equalized assessed value), the approximate amount of the
| ||||||
3 | additional tax extendable against such property for the ... | ||||||
4 | levy year is estimated to be
$... and for the ... levy year | ||||||
5 | is estimated to be $.... | ||||||
6 | Paragraph (2) shall be included only if the increased | ||||||
7 | extension limitation will be applicable for more than one year | ||||||
8 | and shall list each levy year for which the increased extension | ||||||
9 | limitation will be applicable. The additional tax shown for | ||||||
10 | each levy year shall be the approximate dollar amount of the | ||||||
11 | increase over the amount of the most recently completed | ||||||
12 | extension at the time the submission of the question is | ||||||
13 | initiated by the taxing district. The approximate amount of the | ||||||
14 | additional tax extendable shown in paragraphs (1) and (2) shall | ||||||
15 | be calculated by multiplying $100,000 (the fair market value of | ||||||
16 | the property without regard to any property tax exemptions) by | ||||||
17 | (i) the percentage level of assessment prescribed for that | ||||||
18 | property by statute, or by ordinance of the county board in | ||||||
19 | counties that classify property for purposes of taxation in | ||||||
20 | accordance with Section 4 of Article IX of the Illinois | ||||||
21 | Constitution; (ii) the most recent final equalization factor | ||||||
22 | certified to the county clerk by the Department of Revenue at | ||||||
23 | the time the taxing district initiates the submission of the | ||||||
24 | proposition to the electors; (iii) the last known aggregate | ||||||
25 | extension base of the taxing district at the time the | ||||||
26 | submission of the question is initiated by the taxing district; |
| |||||||
| |||||||
1 | and (iv) the difference between the percentage increase | ||||||
2 | proposed in the question and (A) the lesser of 5% or the | ||||||
3 | percentage increase in the Consumer Price Index for the prior | ||||||
4 | levy year (or an estimate of the percentage increase for the | ||||||
5 | prior levy year if the increase is unavailable at the time the | ||||||
6 | submission of the question is initiated by the taxing district) | ||||||
7 | or (B) 0%, as applicable ; and dividing the result by the last | ||||||
8 | known equalized assessed value of the taxing district at the | ||||||
9 | time the submission of the question is initiated by the taxing | ||||||
10 | district. This amendatory Act of the 97th General Assembly is | ||||||
11 | intended to clarify the existing requirements of this Section, | ||||||
12 | and shall not be construed to validate any prior non-compliant | ||||||
13 | referendum language. Any notice required to be published in | ||||||
14 | connection with the submission of the question shall also | ||||||
15 | contain this supplemental information and shall not contain any | ||||||
16 | other supplemental information. Any error, miscalculation, or | ||||||
17 | inaccuracy in computing any amount set forth on the ballot or | ||||||
18 | in the notice that is not deliberate shall not invalidate or | ||||||
19 | affect the validity of any proposition approved. Notice of the | ||||||
20 | referendum shall be published and posted as otherwise required | ||||||
21 | by law, and the submission of the question shall be initiated | ||||||
22 | as provided by law.
| ||||||
23 | (Source: P.A. 97-1087, eff. 8-24-12.)
| ||||||
24 | Section 90. The State Mandates Act is amended by adding | ||||||
25 | Section 8.41 as follows:
|
| |||||||
| |||||||
1 | (30 ILCS 805/8.41 new) | ||||||
2 | Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8 | ||||||
3 | of this Act, no reimbursement by the State is required for the | ||||||
4 | implementation of any mandate created by this amendatory Act of | ||||||
5 | the 100th General Assembly.
| ||||||
6 | Section 95. No acceleration or delay. Where this Act makes | ||||||
7 | changes in a statute that is represented in this Act by text | ||||||
8 | that is not yet or no longer in effect (for example, a Section | ||||||
9 | represented by multiple versions), the use of that text does | ||||||
10 | not accelerate or delay the taking effect of (i) the changes | ||||||
11 | made by this Act or (ii) provisions derived from any other | ||||||
12 | Public Act.
|