Bill Text: IL HB5427 | 2019-2020 | 101st 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 5-0)
Status: (Introduced - Dead) 2020-02-18 - Referred to Rules Committee [HB5427 Detail]
Download: Illinois-2019-HB5427-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 may | ||||||||||||||||||||||||||||
8 | be cited as the
Property Tax Extension Limitation Law. As used | ||||||||||||||||||||||||||||
9 | 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 counties | ||||||
2 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||
3 | Beginning with the 1995 levy
year, "taxing district" includes | ||||||
4 | only each non-home rule taxing district
subject to this Law | ||||||
5 | before the 1995 levy year and each non-home rule
taxing | ||||||
6 | district not subject to this Law before the 1995 levy year | ||||||
7 | having the
majority of its 1994 equalized assessed value in an | ||||||
8 | affected county or
counties. Beginning with the levy year in
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9 | which this Law becomes applicable to a taxing district as
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10 | provided in Section 18-213, "taxing district" also includes | ||||||
11 | those taxing
districts made subject to this Law as provided in | ||||||
12 | Section 18-213.
Beginning in levy year 2021, "taxing district" | ||||||
13 | means all taxing districts, as defined in Section 1-150, | ||||||
14 | including, but not limited to, home rule units. This Section is | ||||||
15 | a limitation of
the power of home rule units to tax in | ||||||
16 | accordance with subsection (g) of Section 6
of Article VII of | ||||||
17 | 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 for | ||||||
25 | any taxing district to pay
interest or principal on general | ||||||
26 | obligation bonds issued before October 1,
1991; (c) made for |
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1 | any taxing district to pay interest or principal on bonds
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2 | issued to refund or continue to refund those bonds issued | ||||||
3 | before October 1,
1991; (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 October 1, 1991 that
were approved by | ||||||
6 | referendum; (e)
made for any taxing district to pay interest
or | ||||||
7 | principal on revenue bonds issued before October 1, 1991 for | ||||||
8 | payment of
which a property tax levy or the full faith and | ||||||
9 | credit of the unit of local
government is pledged; however, a | ||||||
10 | tax for the payment of interest or principal
on those bonds | ||||||
11 | shall be made only after the governing body of the unit of | ||||||
12 | local
government finds that all other sources for payment are | ||||||
13 | insufficient to make
those payments; (f) made for payments | ||||||
14 | under a building commission lease when
the lease payments are | ||||||
15 | for the retirement of bonds issued by the commission
before | ||||||
16 | October 1, 1991, to pay for the building project; (g) made for | ||||||
17 | payments
due under installment contracts entered into before | ||||||
18 | October 1, 1991;
(h) made for payments of principal and | ||||||
19 | interest on bonds issued under the
Metropolitan Water | ||||||
20 | Reclamation District Act to finance construction projects
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21 | initiated before October 1, 1991; (i) made for payments of | ||||||
22 | principal and
interest on limited bonds, as defined in Section | ||||||
23 | 3 of the Local Government Debt
Reform Act, in an amount not to | ||||||
24 | exceed the debt service extension base less
the amount in items | ||||||
25 | (b), (c), (e), and (h) of this definition for
non-referendum | ||||||
26 | obligations, except obligations initially issued pursuant to
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1 | referendum; (j) made for payments of principal and interest on | ||||||
2 | bonds
issued under Section 15 of the Local Government Debt | ||||||
3 | Reform Act; (k)
made
by a school district that participates in | ||||||
4 | the Special Education District of
Lake County, created by | ||||||
5 | special education joint agreement under Section
10-22.31 of the | ||||||
6 | School Code, for payment of the school district's share of the
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7 | amounts required to be contributed by the Special Education | ||||||
8 | District of Lake
County to the Illinois Municipal Retirement | ||||||
9 | Fund under Article 7 of the
Illinois Pension Code; the amount | ||||||
10 | of any extension under this item (k) shall be
certified by the | ||||||
11 | school district to the county clerk; (l) made to fund
expenses | ||||||
12 | of providing joint recreational programs for persons with | ||||||
13 | disabilities under
Section 5-8 of
the
Park District Code or | ||||||
14 | Section 11-95-14 of the Illinois Municipal Code; (m) made for | ||||||
15 | temporary relocation loan repayment purposes pursuant to | ||||||
16 | Sections 2-3.77 and 17-2.2d of the School Code; (n) made for | ||||||
17 | payment of principal and interest on any bonds issued under the | ||||||
18 | authority of Section 17-2.2d of the School Code; (o) made for | ||||||
19 | contributions to a firefighter's pension fund created under | ||||||
20 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
21 | amount certified under item (5) of Section 4-134 of the | ||||||
22 | Illinois Pension Code; and (p) made for road purposes in the | ||||||
23 | first year after a township assumes the rights, powers, duties, | ||||||
24 | assets, property, liabilities, obligations, and
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25 | responsibilities of a road district abolished under the | ||||||
26 | provisions of Section 6-133 of the Illinois Highway Code.
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1 | "Aggregate extension" for the taxing districts to which | ||||||
2 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
3 | districts subject to this Law
in
accordance with Section | ||||||
4 | 18-213) means the annual corporate extension for the
taxing | ||||||
5 | district and those special purpose extensions that are made | ||||||
6 | annually for
the taxing district, excluding special purpose | ||||||
7 | extensions: (a) made for the
taxing district to pay interest or | ||||||
8 | principal on general obligation bonds that
were approved by | ||||||
9 | referendum; (b) made for any taxing district to pay interest
or | ||||||
10 | principal on general obligation bonds issued before March 1, | ||||||
11 | 1995; (c) made
for any taxing district to pay interest or | ||||||
12 | principal on bonds issued to refund
or continue to refund those | ||||||
13 | bonds issued before March 1, 1995; (d) made for any
taxing | ||||||
14 | district to pay interest or principal on bonds issued to refund | ||||||
15 | or
continue to refund bonds issued after March 1, 1995 that | ||||||
16 | were approved by
referendum; (e) made for any taxing district | ||||||
17 | to pay interest or principal on
revenue bonds issued before | ||||||
18 | March 1, 1995 for payment of which a property tax
levy or the | ||||||
19 | full faith and credit of the unit of local government is | ||||||
20 | pledged;
however, a tax for the payment of interest or | ||||||
21 | principal on those bonds shall be
made only after the governing | ||||||
22 | body of the unit of local government finds that
all other | ||||||
23 | sources for payment are insufficient to make those payments; | ||||||
24 | (f) made
for payments under a building commission lease when | ||||||
25 | the lease payments are for
the retirement of bonds issued by | ||||||
26 | the commission before March 1, 1995 to
pay for the building |
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1 | project; (g) made for payments due under installment
contracts | ||||||
2 | entered into before March 1, 1995; (h) made for payments of
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3 | principal and interest on bonds issued under the Metropolitan | ||||||
4 | Water Reclamation
District Act to finance construction | ||||||
5 | projects initiated before October 1,
1991; (h-4) made for | ||||||
6 | stormwater management purposes by the Metropolitan Water | ||||||
7 | Reclamation District of Greater Chicago under Section 12 of the | ||||||
8 | Metropolitan Water Reclamation District Act; (i) made for | ||||||
9 | payments of principal and interest on limited bonds,
as defined | ||||||
10 | in Section 3 of the Local Government Debt Reform Act, in an | ||||||
11 | amount
not to exceed the debt service extension base less the | ||||||
12 | amount in items (b),
(c), and (e) of this definition for | ||||||
13 | non-referendum obligations, except
obligations initially | ||||||
14 | issued pursuant to referendum and bonds described in
subsection | ||||||
15 | (h) of this definition; (j) made for payments of
principal and | ||||||
16 | interest on bonds issued under Section 15 of the Local | ||||||
17 | Government
Debt Reform Act; (k) made for payments of principal | ||||||
18 | and interest on bonds
authorized by Public Act 88-503 and | ||||||
19 | issued under Section 20a of the Chicago
Park District Act for | ||||||
20 | aquarium or
museum projects; (l) made for payments of principal | ||||||
21 | and interest on
bonds
authorized by Public Act 87-1191 or | ||||||
22 | 93-601 and (i) issued pursuant to Section 21.2 of the Cook | ||||||
23 | County Forest
Preserve District Act, (ii) issued under Section | ||||||
24 | 42 of the Cook County
Forest Preserve District Act for | ||||||
25 | zoological park projects, or (iii) issued
under Section 44.1 of | ||||||
26 | the Cook County Forest Preserve District Act for
botanical |
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1 | gardens projects; (m) made
pursuant
to Section 34-53.5 of the | ||||||
2 | School Code, whether levied annually or not;
(n) made to fund | ||||||
3 | expenses of providing joint recreational programs for persons | ||||||
4 | with disabilities under Section 5-8 of the Park
District Code | ||||||
5 | or Section 11-95-14 of the Illinois Municipal Code;
(o) made by | ||||||
6 | the
Chicago Park
District for recreational programs for persons | ||||||
7 | with disabilities under subsection (c) of
Section
7.06 of the | ||||||
8 | Chicago Park District Act; (p) made for contributions to a | ||||||
9 | firefighter's pension fund created under Article 4 of the | ||||||
10 | Illinois Pension Code, to the extent of the amount certified | ||||||
11 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
12 | (q) made by Ford Heights School District 169 under Section | ||||||
13 | 17-9.02 of the School Code; and (r) made for the purpose of | ||||||
14 | making employer contributions to the Public School Teachers' | ||||||
15 | Pension and Retirement Fund of Chicago under Section 34-53 of | ||||||
16 | the School Code.
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17 | "Aggregate extension" for all taxing districts to which | ||||||
18 | this Law applies in
accordance with Section 18-213, except for | ||||||
19 | those taxing districts subject to
paragraph (2) of subsection | ||||||
20 | (e) of Section 18-213, means the annual corporate
extension for | ||||||
21 | the
taxing district and those special purpose extensions that | ||||||
22 | are made annually for
the taxing district, excluding special | ||||||
23 | purpose extensions: (a) made for the
taxing district to pay | ||||||
24 | interest or principal on general obligation bonds that
were | ||||||
25 | approved by referendum; (b) made for any taxing district to pay | ||||||
26 | interest
or principal on general obligation bonds issued before |
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1 | the date on which the
referendum making this
Law applicable to | ||||||
2 | the taxing district is held; (c) made
for any taxing district | ||||||
3 | to pay interest or principal on bonds issued to refund
or | ||||||
4 | continue to refund those bonds issued before the date on which | ||||||
5 | the
referendum making this Law
applicable to the taxing | ||||||
6 | district is held;
(d) made for any
taxing district to pay | ||||||
7 | interest or principal on bonds issued to refund or
continue to | ||||||
8 | refund bonds issued after the date on which the referendum | ||||||
9 | making
this Law
applicable to the taxing district is held if | ||||||
10 | the bonds were approved by
referendum after the date on which | ||||||
11 | the referendum making this Law
applicable to the taxing | ||||||
12 | district is held; (e) made for any
taxing district to pay | ||||||
13 | interest or principal on
revenue bonds issued before the date | ||||||
14 | on which the referendum making this Law
applicable to the
| ||||||
15 | taxing district is held for payment of which a property tax
| ||||||
16 | levy or the full faith and credit of the unit of local | ||||||
17 | government is pledged;
however, a tax for the payment of | ||||||
18 | interest or principal on those bonds shall be
made only after | ||||||
19 | the governing body of the unit of local government finds that
| ||||||
20 | all other sources for payment are insufficient to make those | ||||||
21 | payments; (f) made
for payments under a building commission | ||||||
22 | lease when the lease payments are for
the retirement of bonds | ||||||
23 | issued by the commission before the date on which the
| ||||||
24 | referendum making this
Law applicable to the taxing district is | ||||||
25 | held to
pay for the building project; (g) made for payments due | ||||||
26 | under installment
contracts entered into before the date on |
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1 | which the referendum making this Law
applicable to
the taxing | ||||||
2 | district is held;
(h) made for payments
of principal and | ||||||
3 | interest on limited bonds,
as defined in Section 3 of the Local | ||||||
4 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
5 | service extension base less the amount in items (b),
(c), and | ||||||
6 | (e) of this definition for non-referendum obligations, except
| ||||||
7 | obligations initially issued pursuant to referendum; (i) made | ||||||
8 | for payments
of
principal and interest on bonds issued under | ||||||
9 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
10 | for a qualified airport authority to pay interest or principal | ||||||
11 | on
general obligation bonds issued for the purpose of paying | ||||||
12 | obligations due
under, or financing airport facilities | ||||||
13 | required to be acquired, constructed,
installed or equipped | ||||||
14 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
15 | not including any amendments to such a contract taking effect | ||||||
16 | on
or after that date); (k) made to fund expenses of providing | ||||||
17 | joint
recreational programs for persons with disabilities | ||||||
18 | under Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
19 | of the Illinois Municipal Code; (l) made for contributions to a | ||||||
20 | 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 (m) made for the taxing district to pay interest or | ||||||
24 | principal on general obligation bonds issued pursuant to | ||||||
25 | Section 19-3.10 of the School Code.
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26 | "Aggregate extension" for all taxing districts to which |
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| |||||||
1 | this Law applies in
accordance with paragraph (2) of subsection | ||||||
2 | (e) of Section 18-213 or in
accordance with this amendatory Act | ||||||
3 | of the 101st General Assembly means the
annual corporate | ||||||
4 | extension for the
taxing district and those special purpose | ||||||
5 | extensions that are made annually for
the taxing district, | ||||||
6 | excluding special purpose extensions: (a) made for the
taxing | ||||||
7 | district to pay interest or principal on general obligation | ||||||
8 | bonds that
were approved by referendum; (b) made for any taxing | ||||||
9 | district to pay interest
or principal on general obligation | ||||||
10 | bonds issued before March 7, 1997 ( the effective date of Public | ||||||
11 | Act 89-718)
this amendatory Act of 1997 ;
(c) made
for any | ||||||
12 | taxing district to pay interest or principal on bonds issued to | ||||||
13 | refund
or continue to refund those bonds issued before March 7, | ||||||
14 | 1997 ( the effective date
of Public Act 89-718) this amendatory | ||||||
15 | Act of 1997 ;
(d) made for any
taxing district to pay interest | ||||||
16 | or principal on bonds issued to refund or
continue to refund | ||||||
17 | bonds issued after March 7, 1997 ( the effective date of Public | ||||||
18 | Act 89-718) this amendatory Act
of 1997 if the bonds were | ||||||
19 | approved by referendum after March 7, 1997 ( the effective date | ||||||
20 | of Public Act 89-718)
this amendatory Act of 1997 ;
(e) made for | ||||||
21 | any
taxing district to pay interest or principal on
revenue | ||||||
22 | bonds issued before March 7, 1997 ( the effective date of Public | ||||||
23 | Act 89-718) this amendatory Act of 1997
for payment of which a | ||||||
24 | property tax
levy or the full faith and credit of the unit of | ||||||
25 | local government is pledged;
however, a tax for the payment of | ||||||
26 | interest or principal on those bonds shall be
made only after |
| |||||||
| |||||||
1 | the governing body of the unit of local government finds that
| ||||||
2 | all other sources for payment are insufficient to make those | ||||||
3 | payments; (f) made
for payments under a building commission | ||||||
4 | lease when the lease payments are for
the retirement of bonds | ||||||
5 | issued by the commission before March 7, 1997 ( the effective | ||||||
6 | date
of Public Act 89-718) this amendatory Act of 1997
to
pay | ||||||
7 | for the building project; (g) made for payments due under | ||||||
8 | installment
contracts entered into before March 7, 1997 ( the | ||||||
9 | effective date of Public Act 89-718) this amendatory Act of
| ||||||
10 | 1997 ;
(h) made for payments
of principal and interest on | ||||||
11 | limited bonds,
as defined in Section 3 of the Local Government | ||||||
12 | Debt Reform Act, in an amount
not to exceed the debt service | ||||||
13 | extension base less the amount in items (b),
(c), and (e) of | ||||||
14 | this definition for non-referendum obligations, except
| ||||||
15 | obligations initially issued pursuant to referendum; (i) made | ||||||
16 | for payments
of
principal and interest on bonds issued under | ||||||
17 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
18 | for a qualified airport authority to pay interest or principal | ||||||
19 | on
general obligation bonds issued for the purpose of paying | ||||||
20 | obligations due
under, or financing airport facilities | ||||||
21 | required to be acquired, constructed,
installed or equipped | ||||||
22 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
23 | not including any amendments to such a contract taking effect | ||||||
24 | on
or after that date); (k) made to fund expenses of providing | ||||||
25 | joint
recreational programs for persons with disabilities | ||||||
26 | under Section 5-8 of
the
Park District Code or Section 11-95-14 |
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| |||||||
1 | of the Illinois Municipal Code; and (l) made for contributions | ||||||
2 | to a firefighter's pension fund created under Article 4 of the | ||||||
3 | Illinois Pension Code, to the extent of the amount certified | ||||||
4 | under item (5) of Section 4-134 of the Illinois Pension Code.
| ||||||
5 | "Debt service extension base" means an amount equal to that | ||||||
6 | portion of the
extension for a taxing district for the 1994 | ||||||
7 | levy year, or for those taxing
districts subject to this Law in | ||||||
8 | accordance with Section 18-213, except for
those subject to | ||||||
9 | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| ||||||
10 | year in which the referendum making this Law applicable to the | ||||||
11 | taxing district
is held, or for those taxing districts subject | ||||||
12 | to this Law in accordance with
paragraph (2) of subsection (e) | ||||||
13 | of Section 18-213 for the 1996 levy year,
constituting an
| ||||||
14 | extension for payment of principal and interest on bonds issued | ||||||
15 | by the taxing
district without referendum, but not including | ||||||
16 | excluded non-referendum bonds. For park districts (i) that were | ||||||
17 | first
subject to this Law in 1991 or 1995 and (ii) whose | ||||||
18 | extension for the 1994 levy
year for the payment of principal | ||||||
19 | and interest on bonds issued by the park
district without | ||||||
20 | referendum (but not including excluded non-referendum bonds)
| ||||||
21 | was less than 51% of the amount for the 1991 levy year | ||||||
22 | constituting an
extension for payment of principal and interest | ||||||
23 | on bonds issued by the park
district without referendum (but | ||||||
24 | not including excluded non-referendum bonds),
"debt service | ||||||
25 | extension base" means an amount equal to that portion of the
| ||||||
26 | extension for the 1991 levy year constituting an extension for |
| |||||||
| |||||||
1 | payment of
principal and interest on bonds issued by the park | ||||||
2 | district without referendum
(but not including excluded | ||||||
3 | non-referendum bonds). A debt service extension base | ||||||
4 | established or increased at any time pursuant to any provision | ||||||
5 | of this Law, except Section 18-212, shall be increased each | ||||||
6 | year commencing with the later of (i) the 2009 levy year or | ||||||
7 | (ii) the first levy year in which this Law becomes applicable | ||||||
8 | to the taxing district, by the lesser of 3.5% 5% or the | ||||||
9 | percentage increase in the Consumer Price Index during the | ||||||
10 | 12-month calendar year preceding the levy year. The debt | ||||||
11 | service extension
base may be established or increased as | ||||||
12 | provided under Section 18-212.
"Excluded non-referendum bonds" | ||||||
13 | means (i) bonds authorized by Public
Act 88-503 and issued | ||||||
14 | under Section 20a of the Chicago Park District Act for
aquarium | ||||||
15 | and museum projects; (ii) bonds issued under Section 15 of the
| ||||||
16 | Local Government Debt Reform Act; or (iii) refunding | ||||||
17 | obligations issued
to refund or to continue to refund | ||||||
18 | obligations initially issued pursuant to
referendum.
| ||||||
19 | "Special purpose extensions" include, but are not limited | ||||||
20 | to, extensions
for levies made on an annual basis for | ||||||
21 | unemployment and workers'
compensation, self-insurance, | ||||||
22 | contributions to pension plans, and extensions
made pursuant to | ||||||
23 | Section 6-601 of the Illinois Highway Code for a road
| ||||||
24 | district's permanent road fund whether levied annually or not. | ||||||
25 | The
extension for a special service area is not included in the
| ||||||
26 | aggregate extension.
|
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| |||||||
1 | "Aggregate extension base" means the taxing district's | ||||||
2 | last preceding
aggregate extension as adjusted under Sections | ||||||
3 | 18-135, 18-215,
18-230, and 18-206.
An adjustment under Section | ||||||
4 | 18-135 shall be made for the 2007 levy year and all subsequent | ||||||
5 | levy years whenever one or more counties within which a taxing | ||||||
6 | district is located (i) used estimated valuations or rates when | ||||||
7 | extending taxes in the taxing district for the last preceding | ||||||
8 | levy year that resulted in the over or under extension of | ||||||
9 | taxes, or (ii) increased or decreased the tax extension for the | ||||||
10 | last preceding levy year as required by Section 18-135(c). | ||||||
11 | Whenever an adjustment is required under Section 18-135, the | ||||||
12 | aggregate extension base of the taxing district shall be equal | ||||||
13 | to the amount that the aggregate extension of the taxing | ||||||
14 | district would have been for the last preceding levy year if | ||||||
15 | either or both (i) actual, rather than estimated, valuations or | ||||||
16 | rates had been used to calculate the extension of taxes for the | ||||||
17 | last levy year, or (ii) the tax extension for the last | ||||||
18 | preceding levy year had not been adjusted as required by | ||||||
19 | subsection (c) of Section 18-135.
| ||||||
20 | Notwithstanding any other provision of law, for levy year | ||||||
21 | 2012, the aggregate extension base for West Northfield School | ||||||
22 | District No. 31 in Cook County shall be $12,654,592. | ||||||
23 | "Levy year" has the same meaning as "year" under Section
| ||||||
24 | 1-155.
| ||||||
25 | "New property" means (i) the assessed value, after final | ||||||
26 | board of review or
board of appeals action, of new improvements |
| |||||||
| |||||||
1 | or additions to existing
improvements on any parcel of real | ||||||
2 | property that increase the assessed value of
that real property | ||||||
3 | during the levy year multiplied by the equalization factor
| ||||||
4 | issued by the Department under Section 17-30, (ii) the assessed | ||||||
5 | value, after
final board of review or board of appeals action, | ||||||
6 | of real property not exempt
from real estate taxation, which | ||||||
7 | real property was exempt from real estate
taxation for any | ||||||
8 | portion of the immediately preceding levy year, multiplied by
| ||||||
9 | the equalization factor issued by the Department under Section | ||||||
10 | 17-30, including the assessed value, upon final stabilization | ||||||
11 | of occupancy after new construction is complete, of any real | ||||||
12 | property located within the boundaries of an otherwise or | ||||||
13 | previously exempt military reservation that is intended for | ||||||
14 | residential use and owned by or leased to a private corporation | ||||||
15 | or other entity,
(iii) in counties that classify in accordance | ||||||
16 | with Section 4 of Article
IX of the
Illinois Constitution, an | ||||||
17 | incentive property's additional assessed value
resulting from | ||||||
18 | a
scheduled increase in the level of assessment as applied to | ||||||
19 | the first year
final board of
review market value, and (iv) any | ||||||
20 | increase in assessed value due to oil or gas production from an | ||||||
21 | oil or gas well required to be permitted under the Hydraulic | ||||||
22 | Fracturing Regulatory Act that was not produced in or accounted | ||||||
23 | for during the previous levy year.
In addition, the county | ||||||
24 | clerk in a county containing a population of
3,000,000 or more | ||||||
25 | shall include in the 1997
recovered tax increment value for any | ||||||
26 | school district, any recovered tax
increment value that was |
| |||||||
| |||||||
1 | applicable to the 1995 tax year calculations.
| ||||||
2 | "Qualified airport authority" means an airport authority | ||||||
3 | organized under
the Airport Authorities Act and located in a | ||||||
4 | county bordering on the State of
Wisconsin and having a | ||||||
5 | population in excess of 200,000 and not greater than
500,000.
| ||||||
6 | "Recovered tax increment value" means, except as otherwise | ||||||
7 | provided in this
paragraph, the amount of the current year's | ||||||
8 | equalized assessed value, in the
first year after a | ||||||
9 | municipality terminates
the designation of an area as a | ||||||
10 | redevelopment project area previously
established under the | ||||||
11 | Tax Increment Allocation Redevelopment Development Act in the | ||||||
12 | Illinois
Municipal Code, previously established under the | ||||||
13 | Industrial Jobs Recovery Law
in the Illinois Municipal Code, | ||||||
14 | previously established under the Economic Development Project | ||||||
15 | Area Tax Increment Act of 1995, or previously established under | ||||||
16 | the Economic
Development Area Tax Increment Allocation Act, of | ||||||
17 | each taxable lot, block,
tract, or parcel of real property in | ||||||
18 | the redevelopment project area over and
above the initial | ||||||
19 | equalized assessed value of each property in the
redevelopment | ||||||
20 | project area.
For the taxes which are extended for the 1997 | ||||||
21 | levy year, the recovered tax
increment value for a non-home | ||||||
22 | rule taxing district that first became subject
to this Law for | ||||||
23 | the 1995 levy year because a majority of its 1994 equalized
| ||||||
24 | assessed value was in an affected county or counties shall be | ||||||
25 | increased if a
municipality terminated the designation of an | ||||||
26 | area in 1993 as a redevelopment
project area previously |
| |||||||
| |||||||
1 | established under the Tax Increment Allocation Redevelopment
| ||||||
2 | Development Act in the Illinois Municipal Code, previously | ||||||
3 | established under
the Industrial Jobs Recovery Law in the | ||||||
4 | Illinois Municipal Code, or previously
established under the | ||||||
5 | Economic Development Area Tax Increment Allocation Act,
by an | ||||||
6 | amount equal to the 1994 equalized assessed value of each | ||||||
7 | taxable lot,
block, tract, or parcel of real property in the | ||||||
8 | redevelopment project area over
and above the initial equalized | ||||||
9 | assessed value of each property in the
redevelopment project | ||||||
10 | area.
In the first year after a municipality
removes a taxable | ||||||
11 | lot, block, tract, or parcel of real property from a
| ||||||
12 | redevelopment project area established under the Tax Increment | ||||||
13 | Allocation Redevelopment
Development Act in the Illinois
| ||||||
14 | Municipal Code, the Industrial Jobs Recovery Law
in the | ||||||
15 | Illinois Municipal Code, or the Economic
Development Area Tax | ||||||
16 | Increment Allocation Act, "recovered tax increment value"
| ||||||
17 | means the amount of the current year's equalized assessed value | ||||||
18 | of each taxable
lot, block, tract, or parcel of real property | ||||||
19 | removed from the redevelopment
project area over and above the | ||||||
20 | initial equalized assessed value of that real
property before | ||||||
21 | removal from the redevelopment project area.
| ||||||
22 | Except as otherwise provided in this Section, "limiting | ||||||
23 | rate" means a
fraction the numerator of which is the last
| ||||||
24 | preceding aggregate extension base times an amount equal to one | ||||||
25 | plus the
extension limitation defined in this Section and the | ||||||
26 | denominator of which
is the current year's equalized assessed |
| |||||||
| |||||||
1 | value of all real property in the
territory under the | ||||||
2 | jurisdiction of the taxing district during the prior
levy year. | ||||||
3 | For those taxing districts that reduced their aggregate
| ||||||
4 | extension for the last preceding levy year, except for school | ||||||
5 | districts that reduced their extension for educational | ||||||
6 | purposes pursuant to Section 18-206, the highest aggregate | ||||||
7 | extension
in any of the last 3 preceding levy years shall be | ||||||
8 | used for the purpose of
computing the limiting rate. The | ||||||
9 | denominator shall not include new
property or the recovered tax | ||||||
10 | increment
value.
If a new rate, a rate decrease, or a limiting | ||||||
11 | rate increase has been approved at an election held after March | ||||||
12 | 21, 2006, then (i) the otherwise applicable limiting rate shall | ||||||
13 | be increased by the amount of the new rate or shall be reduced | ||||||
14 | by the amount of the rate decrease, as the case may be, or (ii) | ||||||
15 | in the case of a limiting rate increase, the limiting rate | ||||||
16 | shall be equal to the rate set forth
in the proposition | ||||||
17 | approved by the voters for each of the years specified in the | ||||||
18 | proposition, after
which the limiting rate of the taxing | ||||||
19 | district shall be calculated as otherwise provided. In the case | ||||||
20 | of a taxing district that obtained referendum approval for an | ||||||
21 | increased limiting rate on March 20, 2012, the limiting rate | ||||||
22 | for tax year 2012 shall be the rate that generates the | ||||||
23 | approximate total amount of taxes extendable for that tax year, | ||||||
24 | as set forth in the proposition approved by the voters; this | ||||||
25 | rate shall be the final rate applied by the county clerk for | ||||||
26 | the aggregate of all capped funds of the district for tax year |
| |||||||
| |||||||
1 | 2012.
| ||||||
2 | The changes made to this Section by this amendatory Act of | ||||||
3 | the 101st General Assembly apply beginning with levy year 2021. | ||||||
4 | (Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17; | ||||||
5 | 100-465, eff. 8-31-17; revised 8-12-19.)
| ||||||
6 | (35 ILCS 200/18-205)
| ||||||
7 | Sec. 18-205. Referendum to increase the extension | ||||||
8 | limitation. A taxing
district is limited to an extension | ||||||
9 | limitation of 3.5% 5% or the percentage increase
in the | ||||||
10 | Consumer Price Index during the 12-month calendar year | ||||||
11 | preceding the
levy year, whichever is less. A taxing district | ||||||
12 | may increase its extension
limitation for one or more levy | ||||||
13 | years if that taxing district holds a referendum
before the | ||||||
14 | levy date for the first levy year at which a majority of voters | ||||||
15 | voting on the issue approves
adoption of a higher extension | ||||||
16 | limitation. Referenda shall be conducted at a
regularly | ||||||
17 | scheduled election in accordance with the Election Code. The | ||||||
18 | question shall be presented in
substantially the following | ||||||
19 | manner for all elections held after March 21, 2006:
| ||||||
20 | Shall the extension limitation under the Property Tax | ||||||
21 | Extension Limitation Law for (insert the legal name, | ||||||
22 | number, if any, and county or counties of the taxing | ||||||
23 | district and geographic or other common name by which a | ||||||
24 | school or community college district is known and referred | ||||||
25 | to), Illinois, be increased from the lesser of 3.5% 5% or |
| |||||||
| |||||||
1 | the percentage increase in the Consumer Price Index over | ||||||
2 | the prior levy year to (insert the percentage of the | ||||||
3 | proposed increase)% per year for (insert each levy year for | ||||||
4 | which the increased extension limitation 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 the lesser of 3.5% 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 | ||||||
7 | district); and dividing the result by the last known equalized | ||||||
8 | assessed value of the taxing district at the time the | ||||||
9 | submission of the question is initiated by the taxing district. | ||||||
10 | This amendatory Act of the 97th General Assembly is intended to | ||||||
11 | clarify the existing requirements of this Section, and shall | ||||||
12 | not be construed to validate any prior non-compliant referendum | ||||||
13 | language. Any notice required to be published in connection | ||||||
14 | with the submission of the question shall also contain this | ||||||
15 | supplemental information and shall not contain any other | ||||||
16 | 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 | The changes made to this Section by this amendatory Act of | ||||||
24 | the 101st General Assembly apply beginning with levy year 2021. | ||||||
25 | (Source: P.A. 97-1087, eff. 8-24-12.)
|
| |||||||
| |||||||
1 | (35 ILCS 200/18-212)
| ||||||
2 | Sec. 18-212. Referendum on debt service extension base. A | ||||||
3 | taxing district
may establish or increase its debt service | ||||||
4 | extension base if
(i) that taxing district holds a referendum | ||||||
5 | before the date on which the levy
must
be filed with the county | ||||||
6 | clerk of the county or counties in which the taxing
district is | ||||||
7 | situated and (ii) a majority of voters voting on the issue | ||||||
8 | approves
the establishment of or increase in the debt service | ||||||
9 | extension base. A debt service extension base established or | ||||||
10 | increased by a referendum held pursuant to this Section after | ||||||
11 | February 2, 2010, shall be increased each year, commencing with | ||||||
12 | the first levy year beginning after the date of the referendum, | ||||||
13 | by the lesser of 3.5% 5% or the percentage increase in the | ||||||
14 | Consumer Price Index during the 12-month calendar year | ||||||
15 | preceding the levy year if the optional language concerning the | ||||||
16 | annual increase is included in the question submitted to the | ||||||
17 | electors of the taxing district. Referenda
under
this
Section | ||||||
18 | shall be conducted at a regularly scheduled election in | ||||||
19 | accordance with
the Election Code. The governing body of the | ||||||
20 | taxing district shall certify the
question to the proper | ||||||
21 | election authorities who shall submit the question to
the | ||||||
22 | electors of the taxing district in substantially the following | ||||||
23 | form:
| ||||||
24 | "Shall the debt service extension base under the Property | ||||||
25 | Tax Extension
Limitation Law for ... (taxing district name) | ||||||
26 | ...
for payment of principal and interest on limited bonds |
| |||||||
| |||||||
1 | be .... ((established at
$ ....) . (or) (increased
from $ | ||||||
2 | .... to $ ....)) .. for the ..... levy year and all | ||||||
3 | subsequent levy
years (optional language: , such debt | ||||||
4 | service extension base to be increased each year by the | ||||||
5 | lesser of 3.5% 5% or the percentage increase in the | ||||||
6 | Consumer Price Index during the 12-month calendar year | ||||||
7 | preceding the levy year)?"
| ||||||
8 | Votes on the question shall be recorded as "Yes" or "No".
| ||||||
9 | If a majority of voters voting on the issue approves the | ||||||
10 | establishment of or
increase
in the debt service extension | ||||||
11 | base, the establishment of or increase in the
debt
service | ||||||
12 | extension base shall be applicable for the levy years | ||||||
13 | specified.
| ||||||
14 | The changes made to this Section by this amendatory Act of | ||||||
15 | the 101st General Assembly apply beginning with levy year 2021. | ||||||
16 | (Source: P.A. 96-1202, eff. 7-22-10.)
|