Bill Text: IL HB3603 | 2021-2022 | 102nd General Assembly | Introduced
Bill Title: Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that the extension limitation is 3.5% (currently, 5%) or the percentage increase in the Consumer Price Index. Provides that the Property Tax Extension Limitation Law applies to all taxing districts, including home rule units.
Spectrum: Partisan Bill (Republican 2-0)
Status: (Introduced - Dead) 2021-03-27 - Rule 19(a) / Re-referred to Rules Committee [HB3603 Detail]
Download: Illinois-2021-HB3603-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, 18-205, and 18-212 as follows:
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6 | (35 ILCS 200/18-185)
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7 | Sec. 18-185. Short title; definitions. This Division 5 | ||||||||||||||||||||||||||||
8 | may be cited as the
Property Tax Extension Limitation Law. As | ||||||||||||||||||||||||||||
9 | used in this Division 5:
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10 | "Consumer Price Index" means the Consumer Price Index for | ||||||||||||||||||||||||||||
11 | All Urban
Consumers for all items published by the United | ||||||||||||||||||||||||||||
12 | States Department of Labor.
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13 | "Extension limitation" means (a) the lesser of 3.5% 5% or | ||||||||||||||||||||||||||||
14 | the percentage increase
in the Consumer Price Index during the | ||||||||||||||||||||||||||||
15 | 12-month calendar year preceding the
levy year or (b) the rate | ||||||||||||||||||||||||||||
16 | of increase approved by voters under Section 18-205.
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17 | "Affected county" means a county of 3,000,000 or more | ||||||||||||||||||||||||||||
18 | inhabitants or a
county contiguous to a county of 3,000,000 or | ||||||||||||||||||||||||||||
19 | more inhabitants.
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20 | "Taxing district" has the same meaning provided in Section | ||||||||||||||||||||||||||||
21 | 1-150, except as
otherwise provided in this Section. For the | ||||||||||||||||||||||||||||
22 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||||||||||||||||||||||||
23 | only each non-home rule taxing district having the
majority of |
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1 | its
1990 equalized assessed value within any county or | ||||||
2 | counties contiguous to a
county with 3,000,000 or more | ||||||
3 | inhabitants. Beginning with the 1995 levy
year, "taxing | ||||||
4 | district" includes only each non-home rule taxing district
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5 | subject to this Law before the 1995 levy year and each non-home | ||||||
6 | rule
taxing district not subject to this Law before the 1995 | ||||||
7 | levy year having the
majority of its 1994 equalized assessed | ||||||
8 | value in an affected county or
counties. Beginning with the | ||||||
9 | levy year in
which this Law becomes applicable to a taxing | ||||||
10 | district as
provided in Section 18-213, "taxing district" also | ||||||
11 | includes those taxing
districts made subject to this Law as | ||||||
12 | provided in Section 18-213.
Beginning in levy year 2022, | ||||||
13 | "taxing district" means all taxing districts, as defined in | ||||||
14 | Section 1-150, including, but not limited to, home rule units. | ||||||
15 | This Section is a limitation of
the power of home rule units to | ||||||
16 | tax in accordance with subsection (g) of Section 6
of Article | ||||||
17 | VII of the Illinois Constitution.
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18 | "Aggregate extension" for taxing districts to which this | ||||||
19 | Law applied before
the 1995 levy year means the annual | ||||||
20 | corporate extension for the taxing
district and those special | ||||||
21 | purpose extensions that are made annually for
the taxing | ||||||
22 | district, excluding special purpose extensions: (a) made for | ||||||
23 | the
taxing district to pay interest or principal on general | ||||||
24 | obligation bonds
that were approved by referendum; (b) made | ||||||
25 | for any taxing district to pay
interest or principal on | ||||||
26 | general obligation bonds issued before October 1,
1991; (c) |
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1 | made for any taxing district to pay interest or principal on | ||||||
2 | bonds
issued to refund or continue to refund those bonds | ||||||
3 | issued before October 1,
1991; (d)
made for any taxing | ||||||
4 | district to pay interest or principal on bonds
issued to | ||||||
5 | refund or continue to refund bonds issued after October 1, | ||||||
6 | 1991 that
were approved by referendum; (e)
made for any taxing | ||||||
7 | district to pay interest
or principal on revenue bonds issued | ||||||
8 | before October 1, 1991 for payment of
which a property tax levy | ||||||
9 | or the full faith and credit of the unit of local
government is | ||||||
10 | pledged; however, a tax for the payment of interest or | ||||||
11 | principal
on those bonds shall be made only after the | ||||||
12 | governing body of the unit of local
government finds that all | ||||||
13 | other sources for payment are insufficient to make
those | ||||||
14 | payments; (f) made for payments under a building commission | ||||||
15 | lease when
the lease payments are for the retirement of bonds | ||||||
16 | issued by the commission
before October 1, 1991, to pay for the | ||||||
17 | building project; (g) made for payments
due under installment | ||||||
18 | contracts entered into before October 1, 1991;
(h) made for | ||||||
19 | payments of principal and interest on bonds issued under the
| ||||||
20 | Metropolitan Water Reclamation District Act to finance | ||||||
21 | construction projects
initiated before October 1, 1991; (i) | ||||||
22 | made for payments of principal and
interest on limited bonds, | ||||||
23 | as defined in Section 3 of the Local Government Debt
Reform | ||||||
24 | Act, in an amount not to exceed the debt service extension base | ||||||
25 | less
the amount in items (b), (c), (e), and (h) of this | ||||||
26 | definition for
non-referendum obligations, except obligations |
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1 | initially issued pursuant to
referendum; (j) made for payments | ||||||
2 | of principal and interest on bonds
issued under Section 15 of | ||||||
3 | the Local Government Debt Reform Act; (k)
made
by a school | ||||||
4 | district that participates in the Special Education District | ||||||
5 | of
Lake County, created by special education joint agreement | ||||||
6 | under Section
10-22.31 of the School Code, for payment of the | ||||||
7 | school district's share of the
amounts required to be | ||||||
8 | contributed by the Special Education District of Lake
County | ||||||
9 | to the Illinois Municipal Retirement Fund under Article 7 of | ||||||
10 | the
Illinois Pension Code; the amount of any extension under | ||||||
11 | this item (k) shall be
certified by the school district to the | ||||||
12 | county clerk; (l) made to fund
expenses of providing joint | ||||||
13 | recreational programs for persons with disabilities under
| ||||||
14 | Section 5-8 of
the
Park District Code or Section 11-95-14 of | ||||||
15 | the Illinois Municipal Code; (m) made for temporary relocation | ||||||
16 | loan repayment purposes pursuant to Sections 2-3.77 and | ||||||
17 | 17-2.2d of the School Code; (n) made for payment of principal | ||||||
18 | and interest on any bonds issued under the authority of | ||||||
19 | Section 17-2.2d of the School Code; (o) made for contributions | ||||||
20 | to a firefighter's pension fund created under Article 4 of the | ||||||
21 | Illinois Pension Code, to the extent of the amount certified | ||||||
22 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
23 | and (p) made for road purposes in the first year after a | ||||||
24 | township assumes the rights, powers, duties, assets, property, | ||||||
25 | liabilities, obligations, and
responsibilities of a road | ||||||
26 | district abolished under the provisions of Section 6-133 of |
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1 | the Illinois Highway Code.
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2 | "Aggregate extension" for the taxing districts to which | ||||||
3 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
4 | districts subject to this Law
in
accordance with Section | ||||||
5 | 18-213) means the annual corporate extension for the
taxing | ||||||
6 | district and those special purpose extensions that are made | ||||||
7 | annually for
the taxing district, excluding special purpose | ||||||
8 | extensions: (a) made for the
taxing district to pay interest | ||||||
9 | or principal on general obligation bonds that
were approved by | ||||||
10 | referendum; (b) made for any taxing district to pay interest
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11 | or principal on general obligation bonds issued before March | ||||||
12 | 1, 1995; (c) made
for any taxing district to pay interest or | ||||||
13 | principal on bonds issued to refund
or continue to refund | ||||||
14 | those bonds issued before March 1, 1995; (d) made for any
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15 | taxing district to pay interest or principal on bonds issued | ||||||
16 | to refund or
continue to refund bonds issued after March 1, | ||||||
17 | 1995 that were approved by
referendum; (e) made for any taxing | ||||||
18 | district to pay interest or principal on
revenue bonds issued | ||||||
19 | before March 1, 1995 for payment of which a property tax
levy | ||||||
20 | or the full faith and credit of the unit of local government is | ||||||
21 | pledged;
however, a tax for the payment of interest or | ||||||
22 | principal on those bonds shall be
made only after the | ||||||
23 | governing body of the unit of local government finds that
all | ||||||
24 | other sources for payment are insufficient to make those | ||||||
25 | payments; (f) made
for payments under a building commission | ||||||
26 | lease when the lease payments are for
the retirement of bonds |
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1 | issued by the commission before March 1, 1995 to
pay for the | ||||||
2 | building project; (g) made for payments due under installment
| ||||||
3 | contracts entered into before March 1, 1995; (h) made for | ||||||
4 | payments of
principal and interest on bonds issued under the | ||||||
5 | Metropolitan Water Reclamation
District Act to finance | ||||||
6 | construction projects initiated before October 1,
1991; (h-4) | ||||||
7 | made for stormwater management purposes by the Metropolitan | ||||||
8 | Water Reclamation District of Greater Chicago under Section 12 | ||||||
9 | of the Metropolitan Water Reclamation District Act; (i) made | ||||||
10 | for payments of principal and interest on limited bonds,
as | ||||||
11 | defined in Section 3 of the Local Government Debt Reform Act, | ||||||
12 | in an amount
not to exceed the debt service extension base less | ||||||
13 | the amount in items (b),
(c), and (e) of this definition for | ||||||
14 | non-referendum obligations, except
obligations initially | ||||||
15 | issued pursuant to referendum and bonds described in
| ||||||
16 | subsection (h) of this definition; (j) made for payments of
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17 | principal and interest on bonds issued under Section 15 of the | ||||||
18 | Local Government
Debt Reform Act; (k) made for payments of | ||||||
19 | principal and interest on bonds
authorized by Public Act | ||||||
20 | 88-503 and issued under Section 20a of the Chicago
Park | ||||||
21 | District Act for aquarium or
museum projects; (l) made for | ||||||
22 | payments of principal and interest on
bonds
authorized by | ||||||
23 | Public Act 87-1191 or 93-601 and (i) issued pursuant to | ||||||
24 | Section 21.2 of the Cook County Forest
Preserve District Act, | ||||||
25 | (ii) issued under Section 42 of the Cook County
Forest | ||||||
26 | Preserve District Act for zoological park projects, or (iii) |
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1 | issued
under Section 44.1 of the Cook County Forest Preserve | ||||||
2 | District Act for
botanical gardens projects; (m) made
pursuant
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3 | to Section 34-53.5 of the School Code, whether levied annually | ||||||
4 | or not;
(n) made to fund expenses of providing joint | ||||||
5 | recreational programs for persons with disabilities under | ||||||
6 | Section 5-8 of the Park
District Code or Section 11-95-14 of | ||||||
7 | the Illinois Municipal Code;
(o) made by the
Chicago Park
| ||||||
8 | District for recreational programs for persons with | ||||||
9 | disabilities under subsection (c) of
Section
7.06 of the | ||||||
10 | Chicago Park District Act; (p) made for contributions to a | ||||||
11 | firefighter's pension fund created under Article 4 of the | ||||||
12 | Illinois Pension Code, to the extent of the amount certified | ||||||
13 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
14 | (q) made by Ford Heights School District 169 under Section | ||||||
15 | 17-9.02 of the School Code; and (r) made for the purpose of | ||||||
16 | making employer contributions to the Public School Teachers' | ||||||
17 | Pension and Retirement Fund of Chicago under Section 34-53 of | ||||||
18 | the School Code.
| ||||||
19 | "Aggregate extension" for all taxing districts to which | ||||||
20 | this Law applies in
accordance with Section 18-213, except for | ||||||
21 | those taxing districts subject to
paragraph (2) of subsection | ||||||
22 | (e) of Section 18-213, means the annual corporate
extension | ||||||
23 | for the
taxing district and those special purpose extensions | ||||||
24 | that are made annually for
the taxing district, excluding | ||||||
25 | special purpose extensions: (a) made for the
taxing district | ||||||
26 | to pay interest or principal on general obligation bonds that
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1 | were approved by referendum; (b) made for any taxing district | ||||||
2 | to pay interest
or principal on general obligation bonds | ||||||
3 | issued before the date on which the
referendum making this
Law | ||||||
4 | applicable to the taxing district is held; (c) made
for any | ||||||
5 | taxing district to pay interest or principal on bonds issued | ||||||
6 | to refund
or continue to refund those bonds issued before the | ||||||
7 | date on which the
referendum making this Law
applicable to the | ||||||
8 | taxing district is held;
(d) made for any
taxing district to | ||||||
9 | pay interest or principal on bonds issued to refund or
| ||||||
10 | continue to refund bonds issued after the date on which the | ||||||
11 | referendum making
this Law
applicable to the taxing district | ||||||
12 | is held if the bonds were approved by
referendum after the date | ||||||
13 | on which the referendum making this Law
applicable to the | ||||||
14 | taxing district is held; (e) made for any
taxing district to | ||||||
15 | pay interest or principal on
revenue bonds issued before the | ||||||
16 | date on which the referendum making this Law
applicable to the
| ||||||
17 | taxing district is held for payment of which a property tax
| ||||||
18 | levy or the full faith and credit of the unit of local | ||||||
19 | government is pledged;
however, a tax for the payment of | ||||||
20 | interest or principal on those bonds shall be
made only after | ||||||
21 | the governing body of the unit of local government finds that
| ||||||
22 | all other sources for payment are insufficient to make those | ||||||
23 | payments; (f) made
for payments under a building commission | ||||||
24 | lease when the lease payments are for
the retirement of bonds | ||||||
25 | issued by the commission before the date on which the
| ||||||
26 | referendum making this
Law applicable to the taxing district |
| |||||||
| |||||||
1 | is held to
pay for the building project; (g) made for payments | ||||||
2 | due under installment
contracts entered into before the date | ||||||
3 | on which the referendum making this Law
applicable to
the | ||||||
4 | taxing district is held;
(h) made for payments
of principal | ||||||
5 | and interest on limited bonds,
as defined in Section 3 of the | ||||||
6 | Local Government Debt Reform Act, in an amount
not to exceed | ||||||
7 | the debt service extension base less the amount in items (b),
| ||||||
8 | (c), and (e) of this definition for non-referendum | ||||||
9 | obligations, except
obligations initially issued pursuant to | ||||||
10 | referendum; (i) made for payments
of
principal and interest on | ||||||
11 | bonds issued under Section 15 of the Local Government
Debt | ||||||
12 | Reform Act;
(j)
made for a qualified airport authority to pay | ||||||
13 | interest or principal on
general obligation bonds issued for | ||||||
14 | the purpose of paying obligations due
under, or financing | ||||||
15 | airport facilities required to be acquired, constructed,
| ||||||
16 | installed or equipped pursuant to, contracts entered into | ||||||
17 | before March
1, 1996 (but not including any amendments to such | ||||||
18 | a contract taking effect on
or after that date); (k) made to | ||||||
19 | fund expenses of providing joint
recreational programs for | ||||||
20 | persons with disabilities under Section 5-8 of
the
Park | ||||||
21 | District Code or Section 11-95-14 of the Illinois Municipal | ||||||
22 | Code; (l) made for contributions to a firefighter's pension | ||||||
23 | fund created under Article 4 of the Illinois Pension Code, to | ||||||
24 | the extent of the amount certified under item (5) of Section | ||||||
25 | 4-134 of the Illinois Pension Code; and (m) made for the taxing | ||||||
26 | district to pay interest or principal on general obligation |
| |||||||
| |||||||
1 | bonds issued pursuant to Section 19-3.10 of the School Code.
| ||||||
2 | "Aggregate extension" for all taxing districts to which | ||||||
3 | this Law applies in
accordance with paragraph (2) of | ||||||
4 | subsection (e) of Section 18-213 or in
accordance with this | ||||||
5 | amendatory Act of the 102nd General Assembly means the
annual | ||||||
6 | corporate extension for the
taxing district and those special | ||||||
7 | purpose extensions that are made annually for
the taxing | ||||||
8 | district, excluding special purpose extensions: (a) made for | ||||||
9 | the
taxing district to pay interest or principal on general | ||||||
10 | obligation bonds that
were approved by referendum; (b) made | ||||||
11 | for any taxing district to pay interest
or principal on | ||||||
12 | general obligation bonds issued before March 7, 1997 ( the | ||||||
13 | effective date of Public Act 89-718)
this amendatory Act of | ||||||
14 | 1997 ;
(c) made
for any taxing district to pay interest or | ||||||
15 | principal on bonds issued to refund
or continue to refund | ||||||
16 | those bonds issued before March 7, 1997 ( the effective date
of | ||||||
17 | Public Act 89-718) this amendatory Act of 1997 ;
(d) made for | ||||||
18 | any
taxing district to pay interest or principal on bonds | ||||||
19 | issued to refund or
continue to refund bonds issued after | ||||||
20 | March 7, 1997 ( the effective date of Public Act 89-718) this | ||||||
21 | amendatory Act
of 1997 if the bonds were approved by | ||||||
22 | referendum after March 7, 1997 ( the effective date of Public | ||||||
23 | Act 89-718)
this amendatory Act of 1997 ;
(e) made for any
| ||||||
24 | taxing district to pay interest or principal on
revenue bonds | ||||||
25 | issued before March 7, 1997 ( the effective date of Public Act | ||||||
26 | 89-718) this amendatory Act of 1997
for payment of which a |
| |||||||
| |||||||
1 | property tax
levy or the full faith and credit of the unit of | ||||||
2 | local government is pledged;
however, a tax for the payment of | ||||||
3 | interest or principal on those bonds shall be
made only after | ||||||
4 | the governing body of the unit of local government finds that
| ||||||
5 | all other sources for payment are insufficient to make those | ||||||
6 | payments; (f) made
for payments under a building commission | ||||||
7 | lease when the lease payments are for
the retirement of bonds | ||||||
8 | issued by the commission before March 7, 1997 ( the effective | ||||||
9 | date
of Public Act 89-718) this amendatory Act of 1997
to
pay | ||||||
10 | for the building project; (g) made for payments due under | ||||||
11 | installment
contracts entered into before March 7, 1997 ( the | ||||||
12 | effective date of Public Act 89-718) this amendatory Act of
| ||||||
13 | 1997 ;
(h) made for payments
of principal and interest on | ||||||
14 | limited bonds,
as defined in Section 3 of the Local Government | ||||||
15 | Debt Reform Act, in an amount
not to exceed the debt service | ||||||
16 | extension base less the amount in items (b),
(c), and (e) of | ||||||
17 | this definition for non-referendum obligations, except
| ||||||
18 | obligations initially issued pursuant to referendum; (i) made | ||||||
19 | for payments
of
principal and interest on bonds issued under | ||||||
20 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
21 | for a qualified airport authority to pay interest or principal | ||||||
22 | on
general obligation bonds issued for the purpose of paying | ||||||
23 | obligations due
under, or financing airport facilities | ||||||
24 | required to be acquired, constructed,
installed or equipped | ||||||
25 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
26 | not including any amendments to such a contract taking effect |
| |||||||
| |||||||
1 | on
or after that date); (k) made to fund expenses of providing | ||||||
2 | joint
recreational programs for persons with disabilities | ||||||
3 | under Section 5-8 of
the
Park District Code or Section | ||||||
4 | 11-95-14 of the Illinois Municipal Code; and (l) made for | ||||||
5 | contributions to a firefighter's pension fund created under | ||||||
6 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
7 | amount certified under item (5) of Section 4-134 of the | ||||||
8 | Illinois Pension Code.
| ||||||
9 | "Debt service extension base" means an amount equal to | ||||||
10 | that portion of the
extension for a taxing district for the | ||||||
11 | 1994 levy year, or for those taxing
districts subject to this | ||||||
12 | Law in accordance with Section 18-213, except for
those | ||||||
13 | subject to paragraph (2) of subsection (e) of Section 18-213, | ||||||
14 | for the
levy
year in which the referendum making this Law | ||||||
15 | applicable to the taxing district
is held, or for those taxing | ||||||
16 | districts subject to this Law in accordance with
paragraph (2) | ||||||
17 | of subsection (e) of Section 18-213 for the 1996 levy year,
| ||||||
18 | constituting an
extension for payment of principal and | ||||||
19 | interest on bonds issued by the taxing
district without | ||||||
20 | referendum, but not including excluded non-referendum bonds. | ||||||
21 | For park districts (i) that were first
subject to this Law in | ||||||
22 | 1991 or 1995 and (ii) whose extension for the 1994 levy
year | ||||||
23 | for the payment of principal and interest on bonds issued by | ||||||
24 | the park
district without referendum (but not including | ||||||
25 | excluded non-referendum bonds)
was less than 51% of the amount | ||||||
26 | for the 1991 levy year constituting an
extension for payment |
| |||||||
| |||||||
1 | of principal and interest on bonds issued by the park
district | ||||||
2 | without referendum (but not including excluded non-referendum | ||||||
3 | bonds),
"debt service extension base" means an amount equal to | ||||||
4 | that portion of the
extension for the 1991 levy year | ||||||
5 | constituting an extension for payment of
principal and | ||||||
6 | interest on bonds issued by the park district without | ||||||
7 | referendum
(but not including excluded non-referendum bonds). | ||||||
8 | A debt service extension base established or increased at any | ||||||
9 | time pursuant to any provision of this Law, except Section | ||||||
10 | 18-212, shall be increased each year commencing with the later | ||||||
11 | of (i) the 2009 levy year or (ii) the first levy year in which | ||||||
12 | this Law becomes applicable to the taxing district, by the | ||||||
13 | lesser of 3.5% 5% or the percentage increase in the Consumer | ||||||
14 | Price Index during the 12-month calendar year preceding the | ||||||
15 | levy year. The debt service extension
base may be established | ||||||
16 | or increased as provided under Section 18-212.
"Excluded | ||||||
17 | non-referendum bonds" means (i) bonds authorized by Public
Act | ||||||
18 | 88-503 and issued under Section 20a of the Chicago Park | ||||||
19 | District Act for
aquarium and museum projects; (ii) bonds | ||||||
20 | issued under Section 15 of the
Local Government Debt Reform | ||||||
21 | Act; or (iii) refunding obligations issued
to refund or to | ||||||
22 | continue to refund obligations initially issued pursuant to
| ||||||
23 | referendum.
| ||||||
24 | "Special purpose extensions" include, but are not limited | ||||||
25 | to, extensions
for levies made on an annual basis for | ||||||
26 | unemployment and workers'
compensation, self-insurance, |
| |||||||
| |||||||
1 | contributions to pension plans, and extensions
made pursuant | ||||||
2 | to Section 6-601 of the Illinois Highway Code for a road
| ||||||
3 | district's permanent road fund whether levied annually or not. | ||||||
4 | The
extension for a special service area is not included in the
| ||||||
5 | aggregate extension.
| ||||||
6 | "Aggregate extension base" means the taxing district's | ||||||
7 | last preceding
aggregate extension as adjusted under Sections | ||||||
8 | 18-135, 18-215,
18-230, and 18-206.
An adjustment under | ||||||
9 | Section 18-135 shall be made for the 2007 levy year and all | ||||||
10 | subsequent levy years whenever one or more counties within | ||||||
11 | which a taxing district is located (i) used estimated | ||||||
12 | valuations or rates when extending taxes in the taxing | ||||||
13 | district for the last preceding levy year that resulted in the | ||||||
14 | over or under extension of taxes, or (ii) increased or | ||||||
15 | decreased the tax extension for the last preceding levy year | ||||||
16 | as required by Section 18-135(c). Whenever an adjustment is | ||||||
17 | required under Section 18-135, the aggregate extension base of | ||||||
18 | the taxing district shall be equal to the amount that the | ||||||
19 | aggregate extension of the taxing district would have been for | ||||||
20 | the last preceding levy year if either or both (i) actual, | ||||||
21 | rather than estimated, valuations or rates had been used to | ||||||
22 | calculate the extension of taxes for the last levy year, or | ||||||
23 | (ii) the tax extension for the last preceding levy year had not | ||||||
24 | been adjusted as required by subsection (c) of Section 18-135.
| ||||||
25 | Notwithstanding any other provision of law, for levy year | ||||||
26 | 2012, the aggregate extension base for West Northfield School |
| |||||||
| |||||||
1 | District No. 31 in Cook County shall be $12,654,592. | ||||||
2 | "Levy year" has the same meaning as "year" under Section
| ||||||
3 | 1-155.
| ||||||
4 | "New property" means (i) the assessed value, after final | ||||||
5 | board of review or
board of appeals action, of new | ||||||
6 | improvements or additions to existing
improvements on any | ||||||
7 | parcel of real property that increase the assessed value of
| ||||||
8 | that real property during the levy year multiplied by the | ||||||
9 | equalization factor
issued by the Department under Section | ||||||
10 | 17-30, (ii) the assessed value, after
final board of review or | ||||||
11 | board of appeals action, of real property not exempt
from real | ||||||
12 | estate taxation, which real property was exempt from real | ||||||
13 | estate
taxation for any portion of the immediately preceding | ||||||
14 | levy year, multiplied by
the equalization factor issued by the | ||||||
15 | Department under Section 17-30, including the assessed value, | ||||||
16 | upon final stabilization of occupancy after new construction | ||||||
17 | is complete, of any real property located within the | ||||||
18 | boundaries of an otherwise or previously exempt military | ||||||
19 | reservation that is intended for residential use and owned by | ||||||
20 | or leased to a private corporation or other entity,
(iii) in | ||||||
21 | counties that classify in accordance with Section 4 of Article
| ||||||
22 | IX of the
Illinois Constitution, an incentive property's | ||||||
23 | additional assessed value
resulting from a
scheduled increase | ||||||
24 | in the level of assessment as applied to the first year
final | ||||||
25 | board of
review market value, and (iv) any increase in | ||||||
26 | assessed value due to oil or gas production from an oil or gas |
| |||||||
| |||||||
1 | well required to be permitted under the Hydraulic Fracturing | ||||||
2 | Regulatory Act that was not produced in or accounted for | ||||||
3 | during the previous levy year.
In addition, the county clerk | ||||||
4 | in a county containing a population of
3,000,000 or more shall | ||||||
5 | include in the 1997
recovered tax increment value for any | ||||||
6 | school district, any recovered tax
increment value that was | ||||||
7 | applicable to the 1995 tax year calculations.
| ||||||
8 | "Qualified airport authority" means an airport authority | ||||||
9 | organized under
the Airport Authorities Act and located in a | ||||||
10 | county bordering on the State of
Wisconsin and having a | ||||||
11 | population in excess of 200,000 and not greater than
500,000.
| ||||||
12 | "Recovered tax increment value" means, except as otherwise | ||||||
13 | provided in this
paragraph, the amount of the current year's | ||||||
14 | equalized assessed value, in the
first year after a | ||||||
15 | municipality terminates
the designation of an area as a | ||||||
16 | redevelopment project area previously
established under the | ||||||
17 | Tax Increment Allocation Redevelopment Development Act in the | ||||||
18 | Illinois
Municipal Code, previously established under the | ||||||
19 | Industrial Jobs Recovery Law
in the Illinois Municipal Code, | ||||||
20 | previously established under the Economic Development Project | ||||||
21 | Area Tax Increment Act of 1995, or previously established | ||||||
22 | under the Economic
Development Area Tax Increment Allocation | ||||||
23 | Act, of each taxable lot, block,
tract, or parcel of real | ||||||
24 | property in the redevelopment project area over and
above the | ||||||
25 | initial equalized assessed value of each property in the
| ||||||
26 | redevelopment project area.
For the taxes which are extended |
| |||||||
| |||||||
1 | for the 1997 levy year, the recovered tax
increment value for a | ||||||
2 | non-home rule taxing district that first became subject
to | ||||||
3 | this Law for the 1995 levy year because a majority of its 1994 | ||||||
4 | equalized
assessed value was in an affected county or counties | ||||||
5 | shall be increased if a
municipality terminated the | ||||||
6 | designation of an area in 1993 as a redevelopment
project area | ||||||
7 | previously established under the Tax Increment Allocation | ||||||
8 | Redevelopment
Development Act in the Illinois Municipal Code, | ||||||
9 | previously established under
the Industrial Jobs Recovery Law | ||||||
10 | in the Illinois Municipal Code, or previously
established | ||||||
11 | under the Economic Development Area Tax Increment Allocation | ||||||
12 | Act,
by an amount equal to the 1994 equalized assessed value of | ||||||
13 | each taxable lot,
block, tract, or parcel of real property in | ||||||
14 | the redevelopment project area over
and above the initial | ||||||
15 | equalized assessed value of each property in the
redevelopment | ||||||
16 | project area.
In the first year after a municipality
removes a | ||||||
17 | taxable lot, block, tract, or parcel of real property from a
| ||||||
18 | redevelopment project area established under the Tax Increment | ||||||
19 | Allocation Redevelopment
Development Act in the Illinois
| ||||||
20 | Municipal Code, the Industrial Jobs Recovery Law
in the | ||||||
21 | Illinois Municipal Code, or the Economic
Development Area Tax | ||||||
22 | Increment Allocation Act, "recovered tax increment value"
| ||||||
23 | means the amount of the current year's equalized assessed | ||||||
24 | value of each taxable
lot, block, tract, or parcel of real | ||||||
25 | property removed from the redevelopment
project area over and | ||||||
26 | above the initial equalized assessed value of that real
|
| |||||||
| |||||||
1 | property before removal from the redevelopment project area.
| ||||||
2 | Except as otherwise provided in this Section, "limiting | ||||||
3 | rate" means a
fraction the numerator of which is the last
| ||||||
4 | preceding aggregate extension base times an amount equal to | ||||||
5 | one plus the
extension limitation defined in this Section and | ||||||
6 | the denominator of which
is the current year's equalized | ||||||
7 | assessed value of all real property in the
territory under the | ||||||
8 | jurisdiction of the taxing district during the prior
levy | ||||||
9 | year. For those taxing districts that reduced their aggregate
| ||||||
10 | extension for the last preceding levy year, except for school | ||||||
11 | districts that reduced their extension for educational | ||||||
12 | purposes pursuant to Section 18-206, the highest aggregate | ||||||
13 | extension
in any of the last 3 preceding levy years shall be | ||||||
14 | used for the purpose of
computing the limiting rate. The | ||||||
15 | denominator shall not include new
property or the recovered | ||||||
16 | tax increment
value.
If a new rate, a rate decrease, or a | ||||||
17 | limiting rate increase has been approved at an election held | ||||||
18 | after March 21, 2006, then (i) the otherwise applicable | ||||||
19 | limiting rate shall be increased by the amount of the new rate | ||||||
20 | or shall be reduced by the amount of the rate decrease, as the | ||||||
21 | case may be, or (ii) in the case of a limiting rate increase, | ||||||
22 | the limiting rate shall be equal to the rate set forth
in the | ||||||
23 | proposition approved by the voters for each of the years | ||||||
24 | specified in the proposition, after
which the limiting rate of | ||||||
25 | the taxing district shall be calculated as otherwise provided. | ||||||
26 | In the case of a taxing district that obtained referendum |
| |||||||
| |||||||
1 | approval for an increased limiting rate on March 20, 2012, the | ||||||
2 | limiting rate for tax year 2012 shall be the rate that | ||||||
3 | generates the approximate total amount of taxes extendable for | ||||||
4 | that tax year, as set forth in the proposition approved by the | ||||||
5 | voters; this rate shall be the final rate applied by the county | ||||||
6 | clerk for the aggregate of all capped funds of the district for | ||||||
7 | tax year 2012.
| ||||||
8 | The changes made to this Section by this amendatory Act of | ||||||
9 | the 102nd General Assembly apply beginning with levy year | ||||||
10 | 2022. | ||||||
11 | (Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17; | ||||||
12 | 100-465, eff. 8-31-17; revised 8-12-19.)
| ||||||
13 | (35 ILCS 200/18-205)
| ||||||
14 | Sec. 18-205. Referendum to increase the extension | ||||||
15 | limitation. A taxing
district is limited to an extension | ||||||
16 | limitation of 3.5% 5% or the percentage increase
in the | ||||||
17 | Consumer Price Index during the 12-month calendar year | ||||||
18 | preceding the
levy year, whichever is less. A taxing district | ||||||
19 | may increase its extension
limitation for one or more levy | ||||||
20 | years if that taxing district holds a referendum
before the | ||||||
21 | levy date for the first levy year at which a majority of voters | ||||||
22 | voting on the issue approves
adoption of a higher extension | ||||||
23 | limitation. Referenda shall be conducted at a
regularly | ||||||
24 | scheduled election in accordance with the Election Code. The | ||||||
25 | question shall be presented in
substantially the following |
| |||||||
| |||||||
1 | manner for all elections held after March 21, 2006:
| ||||||
2 | Shall the extension limitation under the Property Tax | ||||||
3 | Extension Limitation Law for (insert the legal name, | ||||||
4 | number, if any, and county or counties of the taxing | ||||||
5 | district and geographic or other common name by which a | ||||||
6 | school or community college district is known and referred | ||||||
7 | to), Illinois, be increased from the lesser of 3.5% 5% or | ||||||
8 | the percentage increase in the Consumer Price Index over | ||||||
9 | the prior levy year to (insert the percentage of the | ||||||
10 | proposed increase)% per year for (insert each levy year | ||||||
11 | for which the increased extension limitation will apply)? | ||||||
12 | The votes must be recorded as "Yes" or "No".
| ||||||
13 | If a majority of voters voting on the issue approves the | ||||||
14 | adoption of
the increase, the increase shall be applicable for | ||||||
15 | each
levy year specified.
| ||||||
16 | The ballot for any question submitted pursuant to this | ||||||
17 | Section shall have printed thereon, but not as a part of the | ||||||
18 | question submitted, only the following supplemental | ||||||
19 | information (which shall be supplied to the election authority | ||||||
20 | by the taxing district) in substantially the following form: | ||||||
21 | (1) For the (insert the first levy year for which the | ||||||
22 | increased extension
limitation will be applicable) levy | ||||||
23 | year the approximate amount of the additional tax
| ||||||
24 | extendable against property containing a single family | ||||||
25 | residence and having a fair market
value at the time of the | ||||||
26 | referendum of $100,000 is estimated to be $.... |
| |||||||
| |||||||
1 | (2) Based upon an average annual percentage increase | ||||||
2 | (or decrease) in the
market value of such property of ...% | ||||||
3 | (insert percentage equal to the average
annual percentage | ||||||
4 | increase or decrease for the prior 3 levy years, at the | ||||||
5 | time the
submission of the question is initiated by the | ||||||
6 | taxing district, in the amount of (A) the
equalized | ||||||
7 | assessed value of the taxable property in the taxing | ||||||
8 | district less (B) the new
property included in the | ||||||
9 | equalized assessed value), the approximate amount of the
| ||||||
10 | additional tax extendable against such property for the | ||||||
11 | ... levy year is estimated to be
$... and for the ... levy | ||||||
12 | year is estimated to be $.... | ||||||
13 | Paragraph (2) shall be included only if the increased | ||||||
14 | extension limitation will be applicable for more than one year | ||||||
15 | and shall list each levy year for which the increased | ||||||
16 | extension limitation will be applicable. The additional tax | ||||||
17 | shown for each levy year shall be the approximate dollar | ||||||
18 | amount of the increase over the amount of the most recently | ||||||
19 | completed extension at the time the submission of the question | ||||||
20 | is initiated by the taxing district. The approximate amount of | ||||||
21 | the additional tax extendable shown in paragraphs (1) and (2) | ||||||
22 | shall be calculated by multiplying $100,000 (the fair market | ||||||
23 | value of the property without regard to any property tax | ||||||
24 | exemptions) by (i) the percentage level of assessment | ||||||
25 | prescribed for that property by statute, or by ordinance of | ||||||
26 | the county board in counties that classify property for |
| |||||||
| |||||||
1 | purposes of taxation in accordance with Section 4 of Article | ||||||
2 | IX of the Illinois Constitution; (ii) the most recent final | ||||||
3 | equalization factor certified to the county clerk by the | ||||||
4 | Department of Revenue at the time the taxing district | ||||||
5 | initiates the submission of the proposition to the electors; | ||||||
6 | (iii) the last known aggregate extension base of the taxing | ||||||
7 | district at the time the submission of the question is | ||||||
8 | initiated by the taxing district; and (iv) the difference | ||||||
9 | between the percentage increase proposed in the question and | ||||||
10 | the lesser of 3.5% 5% or the percentage increase in the | ||||||
11 | Consumer Price Index for the prior levy year (or an estimate of | ||||||
12 | the percentage increase for the prior levy year if the | ||||||
13 | increase is unavailable at the time the submission of the | ||||||
14 | question is initiated by the taxing district); and dividing | ||||||
15 | the result by the last known equalized assessed value of the | ||||||
16 | taxing district at the time the submission of the question is | ||||||
17 | initiated by the taxing district. This amendatory Act of the | ||||||
18 | 97th General Assembly is intended to clarify the existing | ||||||
19 | requirements of this Section, and shall not be construed to | ||||||
20 | validate any prior non-compliant referendum language. Any | ||||||
21 | notice required to be published in connection with the | ||||||
22 | submission of the question shall also contain this | ||||||
23 | supplemental information and shall not contain any other | ||||||
24 | 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 | The changes made to this Section by this amendatory Act of | ||||||
6 | the 102nd General Assembly apply beginning with levy year | ||||||
7 | 2022. | ||||||
8 | (Source: P.A. 97-1087, eff. 8-24-12.)
| ||||||
9 | (35 ILCS 200/18-212)
| ||||||
10 | Sec. 18-212. Referendum on debt service extension base. A | ||||||
11 | taxing district
may establish or increase its debt service | ||||||
12 | extension base if
(i) that taxing district holds a referendum | ||||||
13 | before the date on which the levy
must
be filed with the county | ||||||
14 | clerk of the county or counties in which the taxing
district is | ||||||
15 | situated and (ii) a majority of voters voting on the issue | ||||||
16 | approves
the establishment of or increase in the debt service | ||||||
17 | extension base. A debt service extension base established or | ||||||
18 | increased by a referendum held pursuant to this Section after | ||||||
19 | February 2, 2010, shall be increased each year, commencing | ||||||
20 | with the first levy year beginning after the date of the | ||||||
21 | referendum, by the lesser of 3.5% 5% or the percentage | ||||||
22 | increase in the Consumer Price Index during the 12-month | ||||||
23 | calendar year preceding the levy year if the optional language | ||||||
24 | concerning the annual increase is included in the question | ||||||
25 | submitted to the electors of the taxing district. Referenda
|
| |||||||
| |||||||
1 | under
this
Section shall be conducted at a regularly scheduled | ||||||
2 | election in accordance with
the Election Code. The governing | ||||||
3 | body of the taxing district shall certify the
question to the | ||||||
4 | proper election authorities who shall submit the question to
| ||||||
5 | the electors of the taxing district in substantially the | ||||||
6 | following form:
| ||||||
7 | "Shall the debt service extension base under the Property | ||||||
8 | Tax Extension
Limitation Law for ... (taxing district | ||||||
9 | name) ...
for payment of principal and interest on limited | ||||||
10 | bonds be .... ((established at
$ ....) . (or) (increased
| ||||||
11 | from $ .... to $ ....)) .. for the ..... levy year and all | ||||||
12 | subsequent levy
years (optional language: , such debt | ||||||
13 | service extension base to be increased each year by the | ||||||
14 | lesser of 3.5% 5% or the percentage increase in the | ||||||
15 | Consumer Price Index during the 12-month calendar year | ||||||
16 | preceding the levy year)?"
| ||||||
17 | Votes on the question shall be recorded as "Yes" or "No".
| ||||||
18 | If a majority of voters voting on the issue approves the | ||||||
19 | establishment of or
increase
in the debt service extension | ||||||
20 | base, the establishment of or increase in the
debt
service | ||||||
21 | extension base shall be applicable for the levy years | ||||||
22 | specified.
| ||||||
23 | The changes made to this Section by this amendatory Act of | ||||||
24 | the 102nd General Assembly apply beginning with levy year | ||||||
25 | 2022. | ||||||
26 | (Source: P.A. 96-1202, eff. 7-22-10.)
|