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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 | | Section 18-185 and by adding Section 18-190.3 as follows: |
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 5% or the |
14 | | 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.
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13 | | "Aggregate extension" for taxing districts to which this |
14 | | Law applied before
the 1995 levy year means the annual |
15 | | corporate extension for the taxing
district and those special |
16 | | purpose extensions that are made annually for
the taxing |
17 | | district, excluding special purpose extensions: (a) made for |
18 | | the
taxing district to pay interest or principal on general |
19 | | obligation bonds
that were approved by referendum; (b) made for |
20 | | any taxing district to pay
interest or principal on general |
21 | | obligation bonds issued before October 1,
1991; (c) made for |
22 | | any taxing district to pay interest or principal on bonds
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23 | | issued to refund or continue to refund those bonds issued |
24 | | before October 1,
1991; (d)
made for any taxing district to pay |
25 | | interest or principal on bonds
issued to refund or continue to |
26 | | refund bonds issued after October 1, 1991 that
were approved by |
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1 | | referendum; (e)
made for any taxing district to pay interest
or |
2 | | principal on revenue bonds issued before October 1, 1991 for |
3 | | payment of
which a property tax levy or the full faith and |
4 | | credit of the unit of local
government is pledged; however, a |
5 | | tax for the payment of interest or principal
on those bonds |
6 | | shall be made only after the governing body of the unit of |
7 | | local
government finds that all other sources for payment are |
8 | | insufficient to make
those payments; (f) made for payments |
9 | | under a building commission lease when
the lease payments are |
10 | | for the retirement of bonds issued by the commission
before |
11 | | October 1, 1991, to pay for the building project; (g) made for |
12 | | payments
due under installment contracts entered into before |
13 | | October 1, 1991;
(h) made for payments of principal and |
14 | | interest on bonds issued under the
Metropolitan Water |
15 | | Reclamation District Act to finance construction projects
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16 | | initiated before October 1, 1991; (i) made for payments of |
17 | | principal and
interest on limited bonds, as defined in Section |
18 | | 3 of the Local Government Debt
Reform Act, in an amount not to |
19 | | exceed the debt service extension base less
the amount in items |
20 | | (b), (c), (e), and (h) of this definition for
non-referendum |
21 | | obligations, except obligations initially issued pursuant to
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22 | | referendum; (j) made for payments of principal and interest on |
23 | | bonds
issued under Section 15 of the Local Government Debt |
24 | | Reform Act; (k)
made
by a school district that participates in |
25 | | the Special Education District of
Lake County, created by |
26 | | special education joint agreement under Section
10-22.31 of the |
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1 | | School Code, for payment of the school district's share of the
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2 | | amounts required to be contributed by the Special Education |
3 | | District of Lake
County to the Illinois Municipal Retirement |
4 | | Fund under Article 7 of the
Illinois Pension Code; the amount |
5 | | of any extension under this item (k) shall be
certified by the |
6 | | school district to the county clerk; (l) made to fund
expenses |
7 | | of providing joint recreational programs for persons with |
8 | | disabilities under
Section 5-8 of
the
Park District Code or |
9 | | Section 11-95-14 of the Illinois Municipal Code; (m) made for |
10 | | temporary relocation loan repayment purposes pursuant to |
11 | | Sections 2-3.77 and 17-2.2d of the School Code; (n) made for |
12 | | payment of principal and interest on any bonds issued under the |
13 | | authority of Section 17-2.2d of the School Code; (o) made for |
14 | | contributions to a firefighter's pension fund created under |
15 | | Article 4 of the Illinois Pension Code, to the extent of the |
16 | | amount certified under item (5) of Section 4-134 of the |
17 | | Illinois Pension Code; and (p) made for road purposes in the |
18 | | first year after a township assumes the rights, powers, duties, |
19 | | assets, property, liabilities, obligations, and
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20 | | responsibilities of a road district abolished under the |
21 | | provisions of Section 6-133 of the Illinois Highway Code.
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22 | | "Aggregate extension" for the taxing districts to which |
23 | | this Law did not
apply before the 1995 levy year (except taxing |
24 | | districts subject to this Law
in
accordance with Section |
25 | | 18-213) means the annual corporate extension for the
taxing |
26 | | district and those special purpose extensions that are made |
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1 | | annually for
the taxing district, excluding special purpose |
2 | | extensions: (a) made for the
taxing district to pay interest or |
3 | | principal on general obligation bonds that
were approved by |
4 | | referendum; (b) made for any taxing district to pay interest
or |
5 | | principal on general obligation bonds issued before March 1, |
6 | | 1995; (c) made
for any taxing district to pay interest or |
7 | | principal on bonds issued to refund
or continue to refund those |
8 | | bonds issued before March 1, 1995; (d) made for any
taxing |
9 | | district to pay interest or principal on bonds issued to refund |
10 | | or
continue to refund bonds issued after March 1, 1995 that |
11 | | were approved by
referendum; (e) made for any taxing district |
12 | | to pay interest or principal on
revenue bonds issued before |
13 | | March 1, 1995 for payment of which a property tax
levy or the |
14 | | full faith and credit of the unit of local government is |
15 | | pledged;
however, a tax for the payment of interest or |
16 | | principal on those bonds shall be
made only after the governing |
17 | | body of the unit of local government finds that
all other |
18 | | sources for payment are insufficient to make those payments; |
19 | | (f) made
for payments under a building commission lease when |
20 | | the lease payments are for
the retirement of bonds issued by |
21 | | the commission before March 1, 1995 to
pay for the building |
22 | | project; (g) made for payments due under installment
contracts |
23 | | entered into before March 1, 1995; (h) made for payments of
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24 | | principal and interest on bonds issued under the Metropolitan |
25 | | Water Reclamation
District Act to finance construction |
26 | | projects initiated before October 1,
1991; (h-4) made for |
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1 | | stormwater management purposes by the Metropolitan Water |
2 | | Reclamation District of Greater Chicago under Section 12 of the |
3 | | Metropolitan Water Reclamation District Act; (i) made for |
4 | | payments of principal and interest on limited bonds,
as defined |
5 | | in Section 3 of the Local Government Debt Reform Act, in an |
6 | | amount
not to exceed the debt service extension base less the |
7 | | amount in items (b),
(c), and (e) of this definition for |
8 | | non-referendum obligations, except
obligations initially |
9 | | issued pursuant to referendum and bonds described in
subsection |
10 | | (h) of this definition; (j) made for payments of
principal and |
11 | | interest on bonds issued under Section 15 of the Local |
12 | | Government
Debt Reform Act; (k) made for payments of principal |
13 | | and interest on bonds
authorized by Public Act 88-503 and |
14 | | issued under Section 20a of the Chicago
Park District Act for |
15 | | aquarium or
museum projects; (l) made for payments of principal |
16 | | and interest on
bonds
authorized by Public Act 87-1191 or |
17 | | 93-601 and (i) issued pursuant to Section 21.2 of the Cook |
18 | | County Forest
Preserve District Act, (ii) issued under Section |
19 | | 42 of the Cook County
Forest Preserve District Act for |
20 | | zoological park projects, or (iii) issued
under Section 44.1 of |
21 | | the Cook County Forest Preserve District Act for
botanical |
22 | | gardens projects; (m) made
pursuant
to Section 34-53.5 of the |
23 | | School Code, whether levied annually or not;
(n) made to fund |
24 | | expenses of providing joint recreational programs for persons |
25 | | with disabilities under Section 5-8 of the Park
District Code |
26 | | or Section 11-95-14 of the Illinois Municipal Code;
(o) made by |
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1 | | the
Chicago Park
District for recreational programs for persons |
2 | | with disabilities under subsection (c) of
Section
7.06 of the |
3 | | Chicago Park District Act; (p) made for contributions to a |
4 | | firefighter's pension fund created under Article 4 of the |
5 | | Illinois Pension Code, to the extent of the amount certified |
6 | | under item (5) of Section 4-134 of the Illinois Pension Code; |
7 | | (q) made by Ford Heights School District 169 under Section |
8 | | 17-9.02 of the School Code; and (r) made for the purpose of |
9 | | making employer contributions to the Public School Teachers' |
10 | | Pension and Retirement Fund of Chicago under Section 34-53 of |
11 | | the School Code.
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12 | | "Aggregate extension" for all taxing districts to which |
13 | | this Law applies in
accordance with Section 18-213, except for |
14 | | those taxing districts subject to
paragraph (2) of subsection |
15 | | (e) of Section 18-213, means the annual corporate
extension for |
16 | | the
taxing district and those special purpose extensions that |
17 | | are made annually for
the taxing district, excluding special |
18 | | purpose extensions: (a) made for the
taxing district to pay |
19 | | interest or principal on general obligation bonds that
were |
20 | | approved by referendum; (b) made for any taxing district to pay |
21 | | interest
or principal on general obligation bonds issued before |
22 | | the date on which the
referendum making this
Law applicable to |
23 | | the taxing district is held; (c) made
for any taxing district |
24 | | to pay interest or principal on bonds issued to refund
or |
25 | | continue to refund those bonds issued before the date on which |
26 | | the
referendum making this Law
applicable to the taxing |
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1 | | district is held;
(d) made for any
taxing district to pay |
2 | | interest or principal on bonds issued to refund or
continue to |
3 | | refund bonds issued after the date on which the referendum |
4 | | making
this Law
applicable to the taxing district is held if |
5 | | the bonds were approved by
referendum after the date on which |
6 | | the referendum making this Law
applicable to the taxing |
7 | | district is held; (e) made for any
taxing district to pay |
8 | | interest or principal on
revenue bonds issued before the date |
9 | | on which the referendum making this Law
applicable to the
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10 | | taxing district is held for payment of which a property tax
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11 | | levy or the full faith and credit of the unit of local |
12 | | government is pledged;
however, a tax for the payment of |
13 | | interest or principal on those bonds shall be
made only after |
14 | | the governing body of the unit of local government finds that
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15 | | all other sources for payment are insufficient to make those |
16 | | payments; (f) made
for payments under a building commission |
17 | | lease when the lease payments are for
the retirement of bonds |
18 | | issued by the commission before the date on which the
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19 | | referendum making this
Law applicable to the taxing district is |
20 | | held to
pay for the building project; (g) made for payments due |
21 | | under installment
contracts entered into before the date on |
22 | | which the referendum making this Law
applicable to
the taxing |
23 | | district is held;
(h) made for payments
of principal and |
24 | | interest on limited bonds,
as defined in Section 3 of the Local |
25 | | Government Debt Reform Act, in an amount
not to exceed the debt |
26 | | service extension base less the amount in items (b),
(c), and |
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1 | | (e) of this definition for non-referendum obligations, except
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2 | | obligations initially issued pursuant to referendum; (i) made |
3 | | for payments
of
principal and interest on bonds issued under |
4 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made |
5 | | for a qualified airport authority to pay interest or principal |
6 | | on
general obligation bonds issued for the purpose of paying |
7 | | obligations due
under, or financing airport facilities |
8 | | required to be acquired, constructed,
installed or equipped |
9 | | pursuant to, contracts entered into before March
1, 1996 (but |
10 | | not including any amendments to such a contract taking effect |
11 | | on
or after that date); (k) made to fund expenses of providing |
12 | | joint
recreational programs for persons with disabilities |
13 | | under Section 5-8 of
the
Park District Code or Section 11-95-14 |
14 | | of the Illinois Municipal Code; (l) made for contributions to a |
15 | | firefighter's pension fund created under Article 4 of the |
16 | | Illinois Pension Code, to the extent of the amount certified |
17 | | under item (5) of Section 4-134 of the Illinois Pension Code; |
18 | | and (m) made for the taxing district to pay interest or |
19 | | principal on general obligation bonds issued pursuant to |
20 | | Section 19-3.10 of the School Code.
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21 | | "Aggregate extension" for all taxing districts to which |
22 | | this Law applies in
accordance with paragraph (2) of subsection |
23 | | (e) of Section 18-213 means the
annual corporate extension for |
24 | | the
taxing district and those special purpose extensions that |
25 | | are made annually for
the taxing district, excluding special |
26 | | purpose extensions: (a) made for the
taxing district to pay |
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1 | | interest or principal on general obligation bonds that
were |
2 | | approved by referendum; (b) made for any taxing district to pay |
3 | | interest
or principal on general obligation bonds issued before |
4 | | the effective date of
this amendatory Act of 1997;
(c) made
for |
5 | | any taxing district to pay interest or principal on bonds |
6 | | issued to refund
or continue to refund those bonds issued |
7 | | before the effective date
of this amendatory Act of 1997;
(d) |
8 | | made for any
taxing district to pay interest or principal on |
9 | | bonds issued to refund or
continue to refund bonds issued after |
10 | | the effective date of this amendatory Act
of 1997 if the bonds |
11 | | were approved by referendum after the effective date of
this |
12 | | amendatory Act of 1997;
(e) made for any
taxing district to pay |
13 | | interest or principal on
revenue bonds issued before the |
14 | | effective date of this amendatory Act of 1997
for payment of |
15 | | which a property tax
levy or the full faith and credit of the |
16 | | unit of local government is pledged;
however, a tax for the |
17 | | payment of interest or principal on those bonds shall be
made |
18 | | only after the governing body of the unit of local government |
19 | | finds that
all other sources for payment are insufficient to |
20 | | make those payments; (f) made
for payments under a building |
21 | | commission lease when the lease payments are for
the retirement |
22 | | of bonds issued by the commission before the effective date
of |
23 | | this amendatory Act of 1997
to
pay for the building project; |
24 | | (g) made for payments due under installment
contracts entered |
25 | | into before the effective date of this amendatory Act of
1997;
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26 | | (h) made for payments
of principal and interest on limited |
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1 | | bonds,
as defined in Section 3 of the Local Government Debt |
2 | | Reform Act, in an amount
not to exceed the debt service |
3 | | extension base less the amount in items (b),
(c), and (e) of |
4 | | this definition for non-referendum obligations, except
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5 | | obligations initially issued pursuant to referendum; (i) made |
6 | | for payments
of
principal and interest on bonds issued under |
7 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made |
8 | | for a qualified airport authority to pay interest or principal |
9 | | on
general obligation bonds issued for the purpose of paying |
10 | | obligations due
under, or financing airport facilities |
11 | | required to be acquired, constructed,
installed or equipped |
12 | | pursuant to, contracts entered into before March
1, 1996 (but |
13 | | not including any amendments to such a contract taking effect |
14 | | on
or after that date); (k) made to fund expenses of providing |
15 | | joint
recreational programs for persons with disabilities |
16 | | under Section 5-8 of
the
Park District Code or Section 11-95-14 |
17 | | of the Illinois Municipal Code; and (l) made for contributions |
18 | | to a firefighter's pension fund created under Article 4 of the |
19 | | Illinois Pension Code, to the extent of the amount certified |
20 | | under item (5) of Section 4-134 of the Illinois Pension Code.
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21 | | "Debt service extension base" means an amount equal to that |
22 | | portion of the
extension for a taxing district for the 1994 |
23 | | levy year, or for those taxing
districts subject to this Law in |
24 | | accordance with Section 18-213, except for
those subject to |
25 | | paragraph (2) of subsection (e) of Section 18-213, for the
levy
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26 | | year in which the referendum making this Law applicable to the |
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1 | | taxing district
is held, or for those taxing districts subject |
2 | | to this Law in accordance with
paragraph (2) of subsection (e) |
3 | | of Section 18-213 for the 1996 levy year,
constituting an
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4 | | extension for payment of principal and interest on bonds issued |
5 | | by the taxing
district without referendum, but not including |
6 | | excluded non-referendum bonds. For park districts (i) that were |
7 | | first
subject to this Law in 1991 or 1995 and (ii) whose |
8 | | extension for the 1994 levy
year for the payment of principal |
9 | | and interest on bonds issued by the park
district without |
10 | | referendum (but not including excluded non-referendum bonds)
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11 | | was less than 51% of the amount for the 1991 levy year |
12 | | constituting an
extension for payment of principal and interest |
13 | | on bonds issued by the park
district without referendum (but |
14 | | not including excluded non-referendum bonds),
"debt service |
15 | | extension base" means an amount equal to that portion of the
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16 | | extension for the 1991 levy year constituting an extension for |
17 | | payment of
principal and interest on bonds issued by the park |
18 | | district without referendum
(but not including excluded |
19 | | non-referendum bonds). A debt service extension base |
20 | | established or increased at any time pursuant to any provision |
21 | | of this Law, except Section 18-212, shall be increased each |
22 | | year commencing with the later of (i) the 2009 levy year or |
23 | | (ii) the first levy year in which this Law becomes applicable |
24 | | to the taxing district, by the lesser of 5% or the percentage |
25 | | increase in the Consumer Price Index during the 12-month |
26 | | calendar year preceding the levy year. The debt service |
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1 | | extension
base may be established or increased as provided |
2 | | under Section 18-212.
"Excluded non-referendum bonds" means |
3 | | (i) bonds authorized by Public
Act 88-503 and issued under |
4 | | Section 20a of the Chicago Park District Act for
aquarium and |
5 | | museum projects; (ii) bonds issued under Section 15 of the
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6 | | Local Government Debt Reform Act; or (iii) refunding |
7 | | obligations issued
to refund or to continue to refund |
8 | | obligations initially issued pursuant to
referendum.
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9 | | "Special purpose extensions" include, but are not limited |
10 | | to, extensions
for levies made on an annual basis for |
11 | | unemployment and workers'
compensation, self-insurance, |
12 | | contributions to pension plans, and extensions
made pursuant to |
13 | | Section 6-601 of the Illinois Highway Code for a road
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14 | | district's permanent road fund whether levied annually or not. |
15 | | The
extension for a special service area is not included in the
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16 | | aggregate extension.
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17 | | "Aggregate extension base" means the taxing district's |
18 | | last preceding
aggregate extension as adjusted under Sections |
19 | | 18-135, 18-215,
18-230, and 18-206.
An adjustment under Section |
20 | | 18-135 shall be made for the 2007 levy year and all subsequent |
21 | | levy years whenever one or more counties within which a taxing |
22 | | district is located (i) used estimated valuations or rates when |
23 | | extending taxes in the taxing district for the last preceding |
24 | | levy year that resulted in the over or under extension of |
25 | | taxes, or (ii) increased or decreased the tax extension for the |
26 | | last preceding levy year as required by Section 18-135(c). |
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1 | | Whenever an adjustment is required under Section 18-135, the |
2 | | aggregate extension base of the taxing district shall be equal |
3 | | to the amount that the aggregate extension of the taxing |
4 | | district would have been for the last preceding levy year if |
5 | | either or both (i) actual, rather than estimated, valuations or |
6 | | rates had been used to calculate the extension of taxes for the |
7 | | last levy year, or (ii) the tax extension for the last |
8 | | preceding levy year had not been adjusted as required by |
9 | | subsection (c) of Section 18-135.
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10 | | Notwithstanding any other provision of law, for levy year |
11 | | 2012, the aggregate extension base for West Northfield School |
12 | | District No. 31 in Cook County shall be $12,654,592. |
13 | | "Levy year" has the same meaning as "year" under Section
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14 | | 1-155.
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15 | | "New property" means (i) the assessed value, after final |
16 | | board of review or
board of appeals action, of new improvements |
17 | | or additions to existing
improvements on any parcel of real |
18 | | property that increase the assessed value of
that real property |
19 | | during the levy year multiplied by the equalization factor
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20 | | issued by the Department under Section 17-30, (ii) the assessed |
21 | | value, after
final board of review or board of appeals action, |
22 | | of real property not exempt
from real estate taxation, which |
23 | | real property was exempt from real estate
taxation for any |
24 | | portion of the immediately preceding levy year, multiplied by
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25 | | the equalization factor issued by the Department under Section |
26 | | 17-30, including the assessed value, upon final stabilization |
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1 | | of occupancy after new construction is complete, of any real |
2 | | property located within the boundaries of an otherwise or |
3 | | previously exempt military reservation that is intended for |
4 | | residential use and owned by or leased to a private corporation |
5 | | or other entity,
(iii) in counties that classify in accordance |
6 | | with Section 4 of Article
IX of the
Illinois Constitution, an |
7 | | incentive property's additional assessed value
resulting from |
8 | | a
scheduled increase in the level of assessment as applied to |
9 | | the first year
final board of
review market value, and (iv) any |
10 | | increase in assessed value due to oil or gas production from an |
11 | | oil or gas well required to be permitted under the Hydraulic |
12 | | Fracturing Regulatory Act that was not produced in or accounted |
13 | | for during the previous levy year.
In addition, the county |
14 | | clerk in a county containing a population of
3,000,000 or more |
15 | | shall include in the 1997
recovered tax increment value for any |
16 | | school district, any recovered tax
increment value that was |
17 | | applicable to the 1995 tax year calculations.
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18 | | "Qualified airport authority" means an airport authority |
19 | | organized under
the Airport Authorities Act and located in a |
20 | | county bordering on the State of
Wisconsin and having a |
21 | | population in excess of 200,000 and not greater than
500,000.
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22 | | "Recovered tax increment value" means, except as otherwise |
23 | | provided in this
paragraph, the amount of the current year's |
24 | | equalized assessed value, in the
first year after a |
25 | | municipality terminates
the designation of an area as a |
26 | | redevelopment project area previously
established under the |
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1 | | Tax Increment Allocation Development Act in the Illinois
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2 | | Municipal Code, previously established under the Industrial |
3 | | Jobs Recovery Law
in the Illinois Municipal Code, previously |
4 | | established under the Economic Development Project Area Tax |
5 | | Increment Act of 1995, or previously established under the |
6 | | Economic
Development Area Tax Increment Allocation Act, 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.
For the taxes which are extended for the 1997 levy year, |
11 | | the recovered tax
increment value for a non-home rule taxing |
12 | | district that first became subject
to this Law for the 1995 |
13 | | levy year because a majority of its 1994 equalized
assessed |
14 | | value was in an affected county or counties shall be increased |
15 | | if a
municipality terminated the designation of an area in 1993 |
16 | | as a redevelopment
project area previously established under |
17 | | the Tax Increment Allocation
Development Act in the Illinois |
18 | | Municipal Code, previously established under
the Industrial |
19 | | Jobs Recovery Law in the Illinois Municipal Code, or previously
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20 | | established under the Economic Development Area Tax Increment |
21 | | Allocation Act,
by an amount equal to the 1994 equalized |
22 | | assessed value of each taxable lot,
block, tract, or parcel of |
23 | | real property in the redevelopment project area over
and above |
24 | | the initial equalized assessed value of each property in the
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25 | | redevelopment project area.
In the first year after a |
26 | | municipality
removes a taxable lot, block, tract, or parcel of |
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1 | | real property from a
redevelopment project area established |
2 | | under the Tax Increment Allocation
Development Act in the |
3 | | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in |
4 | | the Illinois Municipal Code, or the Economic
Development Area |
5 | | Tax Increment Allocation Act, "recovered tax increment value"
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6 | | means the amount of the current year's equalized assessed value |
7 | | of each taxable
lot, block, tract, or parcel of real property |
8 | | removed from the redevelopment
project area over and above the |
9 | | initial equalized assessed value of that real
property before |
10 | | removal from the redevelopment project area.
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11 | | Except as otherwise provided in this Section, "limiting |
12 | | rate" means a
fraction the numerator of which is the last
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13 | | preceding aggregate extension base times an amount equal to one |
14 | | plus the
extension limitation defined in this Section and the |
15 | | denominator of which
is the current year's equalized assessed |
16 | | value of all real property in the
territory under the |
17 | | jurisdiction of the taxing district during the prior
levy year. |
18 | | If an increase in the district's aggregate extension has been |
19 | | approved by referendum pursuant to Section 18-190.3, then, for |
20 | | the year for which the increase has been approved, the limiting |
21 | | rate for that district shall be a fraction, the numerator of |
22 | | which is the sum of (i) the last
preceding aggregate extension |
23 | | base times an amount equal to one plus the
extension limitation |
24 | | defined in this Section and (ii) the amount of the increase |
25 | | approved by referendum under Section 18-190.3 of this Law, and |
26 | | the denominator of which
is the current year's equalized |
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1 | | assessed 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
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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 |
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1 | | 2012.
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2 | | (Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17; |
3 | | 100-465, eff. 8-31-17.)
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4 | | (35 ILCS 200/18-190.3 new) |
5 | | Sec. 18-190.3. Direct referendum; increased aggregate |
6 | | extension. A taxing district subject to this Law may increase |
7 | | its aggregate extension to an amount that exceeds the amount |
8 | | that would otherwise be permitted under this Law if the taxing |
9 | | district obtains referendum approval as provided in this |
10 | | Section. |
11 | | The proposition seeking to obtain referendum approval to |
12 | | increase the aggregate extension under the Section for a single |
13 | | levy year shall be in substantially the following form: |
14 | | "Shall the aggregate extension (the total dollar |
15 | | amount extended for the taxing district for all purposes |
16 | | included in the Property Tax Cap, otherwise known as the |
17 | | Property Tax Extension Limitation Law) for (insert legal |
18 | | name, number, if any, and county or counties of taxing |
19 | | district and geographic or other common name by which a |
20 | | school or community college district is known and referred |
21 | | to), Illinois, be increased by (insert the amount of |
22 | | increase sought) for levy year (insert the levy year for |
23 | | which the increase will take effect) over the amount that |
24 | | would otherwise be permitted under the Property Tax Cap?" |
25 | | The votes must be recorded as "Yes" or "No". |
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1 | | The proposition seeking to obtain referendum approval to |
2 | | increase the aggregate extension under this Section for more |
3 | | than one levy year shall be in substantially the following form |
4 | | and shall list the amount of each increase sought and the levy |
5 | | year for which such increased aggregate extension will be |
6 | | applicable, which years must be consecutive and may not exceed |
7 | | 4: |
8 | | "Shall the aggregate extension (the total dollar |
9 | | amount extended for the taxing district for all purposes |
10 | | included in the Property Tax Cap, otherwise known as the |
11 | | Property Tax Extension Limitation Law) for (insert legal |
12 | | name, number, if any, and county or counties of taxing |
13 | | district and geographic or other common name by which a |
14 | | school or community college district is known and referred |
15 | | to), Illinois, be increased by (insert the amount of |
16 | | increase sought) for levy year (insert the levy year for |
17 | | which the increase will take effect), and be increased by |
18 | | (insert the amount of increase sought) for levy year |
19 | | (insert the levy year for which the increase will take |
20 | | effect), and be increased by (insert the amount of increase |
21 | | sought) for levy year (insert the levy year for which the |
22 | | increase will take effect) over the amount that would |
23 | | otherwise be permitted under the Property Tax Cap?" |
24 | | The votes must be recorded as "Yes" or "No". |
25 | | The ballot for any proposition submitted pursuant to this |
26 | | Section for a single levy year shall have printed thereon, but |
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1 | | not as a part of the proposition submitted, only the following |
2 | | supplemental information (which shall be supplied to the |
3 | | election authority by the taxing district) in substantially the |
4 | | following form: |
5 | | "(1) The amount of taxes extended which were subject to |
6 | | the Property Tax Cap for levy year (insert most recent levy |
7 | | year) was (insert the most recent levy year's aggregate |
8 | | extension base). The taxing district may increase its |
9 | | extension for levy year (insert the levy year for which the |
10 | | increase will take effect) by the lesser of 5% or the |
11 | | percent increase in the Consumer Price Index during the |
12 | | 12-month calendar year preceding such levy year. If the |
13 | | proposition is approved, then the taxing district may |
14 | | increase its extension for levy year (insert levy year) by |
15 | | an additional (insert the amount of increase sought). |
16 | | (2) For the (insert levy year for which
the increase |
17 | | will be applicable) levy year, the approximate amount of |
18 | | the additional taxes on property containing a single family |
19 | | residence and having a fair market value at the time of the |
20 | | referendum of $100,000 is estimated to be (insert |
21 | | amount).". |
22 | | The votes must be recorded as "Yes" or "No". |
23 | | The ballot for any proposition submitted pursuant to this |
24 | | Section for multiple levy years shall have printed thereon, but |
25 | | not as a part of the proposition submitted, only the following |
26 | | supplemental information (which shall be supplied to the |
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1 | | election authority by the taxing district) in substantially the |
2 | | following form: |
3 | | "(1) The amount of taxes extended which were subject to |
4 | | the Property Tax Cap for levy year (insert most recent levy |
5 | | year) was (insert the most recent levy year's aggregate |
6 | | extension base). The taxing district may increase its |
7 | | extension for levy year (insert each levy year for which an |
8 | | increase will take effect) by the lesser of 5% or the |
9 | | percent increase in the Consumer Price Index during the |
10 | | calendar year preceding the applicable levy year. If the |
11 | | proposition is approved, then the taxing district may |
12 | | increase its extension for [repeat for each applicable levy |
13 | | year] levy year (insert levy year) by an additional (insert |
14 | | the amount of increase sought). |
15 | | (2) [Repeat for each applicable levy year] For the |
16 | | (insert levy year for which
the increase will be |
17 | | applicable) levy year, the approximate amount of the |
18 | | additional taxes on property containing a single family |
19 | | residence and having a fair market value at the time of the |
20 | | referendum of $100,000 is estimated to be (insert |
21 | | amount).". |
22 | | The votes must be recorded as "Yes" or "No". |
23 | | In either case, the approximate amount of the additional |
24 | | taxes extendable shown in paragraph (2) shall be calculated by |
25 | | multiplying $100,000 (the fair market value of the property |
26 | | without regard to any property tax exemptions) by (i) the |
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1 | | percentage level of assessment prescribed for that property by |
2 | | statute, or by ordinance of the county board in counties that |
3 | | classify property for purposes of taxation in accordance with |
4 | | Section 4 of Article IX of the Illinois Constitution; (ii) the |
5 | | most recent final equalization factor certified to the county |
6 | | clerk by the Department of Revenue at the time the taxing |
7 | | district initiates the submission of the proposition to the |
8 | | electors; and (iii) the applicable increase in the aggregate |
9 | | extension proposed in the question; and dividing the result by |
10 | | the last known equalized assessed value of the taxing district |
11 | | at the time the submission of the question is initiated by the |
12 | | taxing district. Any notice required to be published in |
13 | | connection with the submission of the proposition shall also |
14 | | contain this supplemental information and shall not contain any |
15 | | other supplemental information regarding the proposition. Any |
16 | | error, miscalculation, or inaccuracy in computing any amount |
17 | | set forth on the ballot and in the notice that is not |
18 | | deliberate shall not invalidate or affect the validity of any |
19 | | proposition approved. Notice of the referendum shall be |
20 | | published and posted as otherwise required by law, and the |
21 | | submission of the proposition shall be initiated as provided by |
22 | | law. |
23 | | If a majority of all ballots cast on the proposition are in |
24 | | favor of the proposition, the aggregate extension increase |
25 | | shall be applicable as provided in the referendum.
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26 | | Section 99. Effective date. This Act takes upon becoming |