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91_HB2029ham001
LRB9100399PTpkam
1 AMENDMENT TO HOUSE BILL 2029
2 AMENDMENT NO. . Amend House Bill 2029 by replacing
3 the title with the following:
4 "AN ACT to amend the Property Tax Code by changing
5 Section 18-185."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Property Tax Code is amended by changing
9 Section 18-185 as follows:
10 (35 ILCS 200/18-185)
11 Sec. 18-185. Short title; definitions. This Division 5
12 Section and Sections 18-190 through 18-245 may be cited as
13 the Property Tax Extension Limitation Law. As used in this
14 Division 5 Sections 18-190 through 18-245:
15 "Consumer Price Index" means the Consumer Price Index for
16 All Urban Consumers for all items published by the United
17 States Department of Labor.
18 "Extension limitation" means (a) the lesser of 5% or the
19 percentage increase in the Consumer Price Index during the
20 12-month calendar year preceding the levy year or (b) the
21 rate of increase approved by voters under Section 18-205.
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1 "Affected county" means a county of 3,000,000 or more
2 inhabitants or a county contiguous to a county of 3,000,000
3 or more inhabitants.
4 "Taxing district" has the same meaning provided in
5 Section 1-150, except as otherwise provided in this Section.
6 For the 1991 through 1994 levy years only, "taxing district"
7 includes only each non-home rule taxing district having the
8 majority of its 1990 equalized assessed value within any
9 county or counties contiguous to a county with 3,000,000 or
10 more inhabitants. Beginning with the 1995 levy year, "taxing
11 district" includes only each non-home rule taxing district
12 subject to this Law before the 1995 levy year and each
13 non-home rule taxing district not subject to this Law before
14 the 1995 levy year having the majority of its 1994 equalized
15 assessed value in an affected county or counties. Beginning
16 with the levy year in which this Law becomes applicable to a
17 taxing district as provided in Section 18-213, "taxing
18 district" also includes those taxing districts made subject
19 to this Law as provided in Section 18-213.
20 "Aggregate extension" for taxing districts to which this
21 Law applied before the 1995 levy year means the annual
22 corporate extension for the taxing district and those special
23 purpose extensions that are made annually for the taxing
24 district, excluding special purpose extensions: (a) made for
25 the taxing district to pay interest or principal on general
26 obligation bonds that were approved by referendum; (b) made
27 for any taxing district to pay interest or principal on
28 general obligation bonds issued before October 1, 1991; (c)
29 made for any taxing district to pay interest or principal on
30 bonds issued to refund or continue to refund those bonds
31 issued before October 1, 1991; (d) made for any taxing
32 district to pay interest or principal on bonds issued to
33 refund or continue to refund bonds issued after October 1,
34 1991 that were approved by referendum; (e) made for any
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1 taxing district to pay interest or principal on revenue bonds
2 issued before October 1, 1991 for payment of which a property
3 tax levy or the full faith and credit of the unit of local
4 government is pledged; however, a tax for the payment of
5 interest or principal on those bonds shall be made only after
6 the governing body of the unit of local government finds that
7 all other sources for payment are insufficient to make those
8 payments; (f) made for payments under a building commission
9 lease when the lease payments are for the retirement of bonds
10 issued by the commission before October 1, 1991, to pay for
11 the building project; (g) made for payments due under
12 installment contracts entered into before October 1, 1991;
13 (h) made for payments of principal and interest on bonds
14 issued under the Metropolitan Water Reclamation District Act
15 to finance construction projects initiated before October 1,
16 1991; (i) made for payments of principal and interest on
17 limited bonds, as defined in Section 3 of the Local
18 Government Debt Reform Act, in an amount not to exceed the
19 debt service extension base less the amount in items (b),
20 (c), (e), and (h) of this definition for non-referendum
21 obligations, except obligations initially issued pursuant to
22 referendum; (j) made for payments of principal and interest
23 on bonds issued under Section 15 of the Local Government Debt
24 Reform Act; and (k) made by a school district that
25 participates in the Special Education District of Lake
26 County, created by special education joint agreement under
27 Section 10-22.31 of the School Code, for payment of the
28 school district's share of the amounts required to be
29 contributed by the Special Education District of Lake County
30 to the Illinois Municipal Retirement Fund under Article 7 of
31 the Illinois Pension Code; the amount of any extension under
32 this item (k) shall be certified by the school district to
33 the county clerk.
34 "Aggregate extension" for the taxing districts to which
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1 this Law did not apply before the 1995 levy year (except
2 taxing districts subject to this Law in accordance with
3 Section 18-213) means the annual corporate extension for the
4 taxing district and those special purpose extensions that are
5 made annually for the taxing district, excluding special
6 purpose extensions: (a) made for the taxing district to pay
7 interest or principal on general obligation bonds that were
8 approved by referendum; (b) made for any taxing district to
9 pay interest or principal on general obligation bonds issued
10 before March 1, 1995; (c) made for any taxing district to pay
11 interest or principal on bonds issued to refund or continue
12 to refund those bonds issued before March 1, 1995; (d) made
13 for any taxing district to pay interest or principal on bonds
14 issued to refund or continue to refund bonds issued after
15 March 1, 1995 that were approved by referendum; (e) made for
16 any taxing district to pay interest or principal on revenue
17 bonds issued before March 1, 1995 for payment of which a
18 property tax levy or the full faith and credit of the unit of
19 local government is pledged; however, a tax for the payment
20 of interest or principal on those bonds shall be made only
21 after the governing body of the unit of local government
22 finds that all other sources for payment are insufficient to
23 make those payments; (f) made for payments under a building
24 commission lease when the lease payments are for the
25 retirement of bonds issued by the commission before March 1,
26 1995 to pay for the building project; (g) made for payments
27 due under installment contracts entered into before March 1,
28 1995; (h) made for payments of principal and interest on
29 bonds issued under the Metropolitan Water Reclamation
30 District Act to finance construction projects initiated
31 before October 1, 1991; (i) made for payments of principal
32 and interest on limited bonds, as defined in Section 3 of the
33 Local Government Debt Reform Act, in an amount not to exceed
34 the debt service extension base less the amount in items (b),
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1 (c), and (e) of this definition for non-referendum
2 obligations, except obligations initially issued pursuant to
3 referendum and bonds described in subsection (h) of this
4 definition; (j) made for payments of principal and interest
5 on bonds issued under Section 15 of the Local Government Debt
6 Reform Act; (k) made for payments of principal and interest
7 on bonds authorized by Public Act 88-503 and issued under
8 Section 20a of the Chicago Park District Act for aquarium or
9 museum projects; and (l) made for payments of principal and
10 interest on bonds authorized by Public Act 87-1191 and issued
11 under Section 42 of the Cook County Forest Preserve District
12 Act for zoological park projects.
13 "Aggregate extension" for all taxing districts to which
14 this Law applies in accordance with Section 18-213, except
15 for those taxing districts subject to paragraph (2) of
16 subsection (e) of Section 18-213, means the annual corporate
17 extension for the taxing district and those special purpose
18 extensions that are made annually for the taxing district,
19 excluding special purpose extensions: (a) made for the taxing
20 district to pay interest or principal on general obligation
21 bonds that were approved by referendum; (b) made for any
22 taxing district to pay interest or principal on general
23 obligation bonds issued before the date on which the
24 referendum making this Law applicable to the taxing district
25 is held; (c) made for any taxing district to pay interest or
26 principal on bonds issued to refund or continue to refund
27 those bonds issued before the date on which the referendum
28 making this Law applicable to the taxing district is held;
29 (d) made for any taxing district to pay interest or principal
30 on bonds issued to refund or continue to refund bonds issued
31 after the date on which the referendum making this Law
32 applicable to the taxing district is held if the bonds were
33 approved by referendum after the date on which the referendum
34 making this Law applicable to the taxing district is held;
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1 (e) made for any taxing district to pay interest or principal
2 on revenue bonds issued before the date on which the
3 referendum making this Law applicable to the taxing district
4 is held for payment of which a property tax levy or the full
5 faith and credit of the unit of local government is pledged;
6 however, a tax for the payment of interest or principal on
7 those bonds shall be made only after the governing body of
8 the unit of local government finds that all other sources for
9 payment are insufficient to make those payments; (f) made for
10 payments under a building commission lease when the lease
11 payments are for the retirement of bonds issued by the
12 commission before the date on which the referendum making
13 this Law applicable to the taxing district is held to pay for
14 the building project; (g) made for payments due under
15 installment contracts entered into before the date on which
16 the referendum making this Law applicable to the taxing
17 district is held; (h) made for payments of principal and
18 interest on limited bonds, as defined in Section 3 of the
19 Local Government Debt Reform Act, in an amount not to exceed
20 the debt service extension base less the amount in items (b),
21 (c), and (e) of this definition for non-referendum
22 obligations, except obligations initially issued pursuant to
23 referendum; (i) made for payments of principal and interest
24 on bonds issued under Section 15 of the Local Government Debt
25 Reform Act; and (j) made for a qualified airport authority to
26 pay interest or principal on general obligation bonds issued
27 for the purpose of paying obligations due under, or financing
28 airport facilities required to be acquired, constructed,
29 installed or equipped pursuant to, contracts entered into
30 before March 1, 1996 (but not including any amendments to
31 such a contract taking effect on or after that date).
32 "Aggregate extension" for all taxing districts to which
33 this Law applies in accordance with paragraph (2) of
34 subsection (e) of Section 18-213 means the annual corporate
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1 extension for the taxing district and those special purpose
2 extensions that are made annually for the taxing district,
3 excluding special purpose extensions: (a) made for the taxing
4 district to pay interest or principal on general obligation
5 bonds that were approved by referendum; (b) made for any
6 taxing district to pay interest or principal on general
7 obligation bonds issued before the effective date of this
8 amendatory Act of 1997; (c) made for any taxing district to
9 pay interest or principal on bonds issued to refund or
10 continue to refund those bonds issued before the effective
11 date of this amendatory Act of 1997; (d) made for any taxing
12 district to pay interest or principal on bonds issued to
13 refund or continue to refund bonds issued after the effective
14 date of this amendatory Act of 1997 if the bonds were
15 approved by referendum after the effective date of this
16 amendatory Act of 1997; (e) made for any taxing district to
17 pay interest or principal on revenue bonds issued before the
18 effective date of this amendatory Act of 1997 for payment of
19 which a property tax levy or the full faith and credit of the
20 unit of local government is pledged; however, a tax for the
21 payment of interest or principal on those bonds shall be made
22 only after the governing body of the unit of local government
23 finds that all other sources for payment are insufficient to
24 make those payments; (f) made for payments under a building
25 commission lease when the lease payments are for the
26 retirement of bonds issued by the commission before the
27 effective date of this amendatory Act of 1997 to pay for the
28 building project; (g) made for payments due under installment
29 contracts entered into before the effective date of this
30 amendatory Act of 1997; (h) made for payments of principal
31 and interest on limited bonds, as defined in Section 3 of the
32 Local Government Debt Reform Act, in an amount not to exceed
33 the debt service extension base less the amount in items (b),
34 (c), and (e) of this definition for non-referendum
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1 obligations, except obligations initially issued pursuant to
2 referendum; (i) made for payments of principal and interest
3 on bonds issued under Section 15 of the Local Government Debt
4 Reform Act; and (j) made for a qualified airport authority to
5 pay interest or principal on general obligation bonds issued
6 for the purpose of paying obligations due under, or financing
7 airport facilities required to be acquired, constructed,
8 installed or equipped pursuant to, contracts entered into
9 before March 1, 1996 (but not including any amendments to
10 such a contract taking effect on or after that date).
11 "Debt service extension base" means an amount equal to
12 that portion of the extension for a taxing district for the
13 1994 levy year, or for those taxing districts subject to this
14 Law in accordance with Section 18-213, except for those
15 subject to paragraph (2) of subsection (e) of Section 18-213,
16 for the levy year in which the referendum making this Law
17 applicable to the taxing district is held, or for those
18 taxing districts subject to this Law in accordance with
19 paragraph (2) of subsection (e) of Section 18-213 for the
20 1996 levy year, constituting an extension for payment of
21 principal and interest on bonds issued by the taxing district
22 without referendum, but not including (i) bonds authorized by
23 Public Act 88-503 and issued under Section 20a of the Chicago
24 Park District Act for aquarium and museum projects; (ii)
25 bonds issued under Section 15 of the Local Government Debt
26 Reform Act; or (iii) refunding obligations issued to refund
27 or to continue to refund obligations initially issued
28 pursuant to referendum. The debt service extension base may
29 be established or increased as provided under Section 18-212.
30 "Special purpose extensions" include, but are not limited
31 to, extensions for levies made on an annual basis for
32 unemployment and workers' compensation, self-insurance,
33 contributions to pension plans, and extensions made pursuant
34 to Section 6-601 of the Illinois Highway Code for a road
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1 district's permanent road fund whether levied annually or
2 not. The extension for a special service area is not
3 included in the aggregate extension.
4 "Aggregate extension base" means the taxing district's
5 last preceding aggregate extension as adjusted under Sections
6 18-215 through 18-230.
7 "Levy year" has the same meaning as "year" under Section
8 1-155.
9 "New property" means (i) the assessed value, after final
10 board of review or board of appeals action, of new
11 improvements or additions to existing improvements on any
12 parcel of real property that increase the assessed value of
13 that real property during the levy year multiplied by the
14 equalization factor issued by the Department under Section
15 17-30 and (ii) the assessed value, after final board of
16 review or board of appeals action, of real property not
17 exempt from real estate taxation, which real property was
18 exempt from real estate taxation for any portion of the
19 immediately preceding levy year, including any increase in
20 assessed value resulting from the loss of (1) the Senior
21 Citizens Homestead Exemption provided in Section 15-170 or
22 (2) the Senior Citizens Assessment Freeze Homestead Exemption
23 provided in Section 15-172, multiplied by the equalization
24 factor issued by the Department under Section 17-30. In
25 addition, the county clerk in a county containing a
26 population of 3,000,000 or more shall include in the 1997
27 recovered tax increment value for any school district, any
28 recovered tax increment value that was applicable to the 1995
29 tax year calculations.
30 "Qualified airport authority" means an airport authority
31 organized under the Airport Authorities Act and located in a
32 county bordering on the State of Wisconsin and having a
33 population in excess of 200,000 and not greater than 500,000.
34 "Recovered tax increment value" means the amount of the
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1 current year's equalized assessed value, in the first year
2 after a municipality terminates the designation of an area as
3 a redevelopment project area previously established under the
4 Tax Increment Allocation Development Act in the Illinois
5 Municipal Code, previously established under the Industrial
6 Jobs Recovery Law in the Illinois Municipal Code, or
7 previously established under the Economic Development Area
8 Tax Increment Allocation Act, of each taxable lot, block,
9 tract, or parcel of real property in the redevelopment
10 project area over and above the initial equalized assessed
11 value of each property in the redevelopment project area.
12 For the taxes which are extended for the 1997 levy year, the
13 recovered tax increment value for a non-home rule taxing
14 district that first became subject to this Law for the 1995
15 levy year because a majority of its 1994 equalized assessed
16 value was in an affected county or counties shall be
17 increased if a municipality terminated the designation of an
18 area in 1993 as a redevelopment project area previously
19 established under the Tax Increment Allocation Development
20 Act in the Illinois Municipal Code, previously established
21 under the Industrial Jobs Recovery Law in the Illinois
22 Municipal Code, or previously established under the Economic
23 Development Area Tax Increment Allocation Act, by an amount
24 equal to the 1994 equalized assessed value of each taxable
25 lot, block, tract, or parcel of real property in the
26 redevelopment project area over and above the initial
27 equalized assessed value of each property in the
28 redevelopment project area.
29 Except as otherwise provided in this Section, "limiting
30 rate" means a fraction the numerator of which is the last
31 preceding aggregate extension base times an amount equal to
32 one plus the extension limitation defined in this Section and
33 the denominator of which is the current year's equalized
34 assessed value of all real property in the territory under
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1 the jurisdiction of the taxing district during the prior levy
2 year. For those taxing districts that reduced their
3 aggregate extension for the last preceding levy year, the
4 highest aggregate extension in any of the last 3 preceding
5 levy years shall be used for the purpose of computing the
6 limiting rate. The denominator shall not include new
7 property. The denominator shall not include the recovered
8 tax increment value.
9 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
10 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
11 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
12 eff. 1-1-98; 90-511, eff. 8-22-97; 90-568, eff. 1-1-99;
13 90-616, eff. 7-10-98; 90-655, eff. 7-30-98; revised
14 10-28-98.)
15 Section 99. Effective date. This Act takes effect
16 January 1, 2000.".