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1 | AN ACT in relation to local government.
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2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||||||||||||
3 | represented in the General Assembly:
| |||||||||||||||||||||||||||||
4 | Section 5. The Local Government Debt Reform Act is amended | |||||||||||||||||||||||||||||
5 | by changing
Sections 3 and 15.01 as follows:
| |||||||||||||||||||||||||||||
6 | (30 ILCS 350/3) (from Ch. 17, par. 6903)
| |||||||||||||||||||||||||||||
7 | Sec. 3. Definitions. In this Act words or terms shall have | |||||||||||||||||||||||||||||
8 | the
following meanings unless the context or usage clearly | |||||||||||||||||||||||||||||
9 | indicates that
another meaning is intended.
| |||||||||||||||||||||||||||||
10 | (a) "Alternate bonds" means bonds issued in lieu of revenue | |||||||||||||||||||||||||||||
11 | bonds or
payable from a revenue source as provided in Section | |||||||||||||||||||||||||||||
12 | 15.
| |||||||||||||||||||||||||||||
13 | (b) "Applicable law" means any provision of law, including | |||||||||||||||||||||||||||||
14 | this Act,
authorizing governmental units to issue bonds.
| |||||||||||||||||||||||||||||
15 | (c) "Backdoor referendum" means the submission of a public | |||||||||||||||||||||||||||||
16 | question to
the voters of a governmental unit, initiated by a | |||||||||||||||||||||||||||||
17 | petition of voters,
residents or property owners of such | |||||||||||||||||||||||||||||
18 | governmental unit, to determine
whether an action by the | |||||||||||||||||||||||||||||
19 | governing body of such governmental unit shall be
effective, | |||||||||||||||||||||||||||||
20 | adopted or rejected.
| |||||||||||||||||||||||||||||
21 | (d) "Bond" means any instrument evidencing the obligation | |||||||||||||||||||||||||||||
22 | to pay money
authorized or issued by or on behalf of a | |||||||||||||||||||||||||||||
23 | governmental unit under
applicable law, including without | |||||||||||||||||||||||||||||
24 | limitation, bonds, notes, installment or
financing contracts, | |||||||||||||||||||||||||||||
25 | leases, certificates, tax anticipation warrants or
notes, | |||||||||||||||||||||||||||||
26 | vouchers, and any other evidences of indebtedness.
| |||||||||||||||||||||||||||||
27 | (e) "Debt service" on bonds means the amount of principal, | |||||||||||||||||||||||||||||
28 | interest and
premium, if any, when due either at stated | |||||||||||||||||||||||||||||
29 | maturity or upon mandatory
redemption.
| |||||||||||||||||||||||||||||
30 | (f) "Enterprise revenues" means the revenues of a utility | |||||||||||||||||||||||||||||
31 | or revenue
producing enterprise from which revenue bonds may be | |||||||||||||||||||||||||||||
32 | payable.
|
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|
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1 | (g) "General obligation bonds" means bonds of a | ||||||
2 | governmental unit for
the payment of which the governmental | ||||||
3 | unit is empowered to levy ad valorem
property taxes upon all | ||||||
4 | taxable property in a governmental unit without
limitation as | ||||||
5 | to rate or amount.
| ||||||
6 | (h) "Governing body" means the legislative body, council, | ||||||
7 | board,
commission, trustees, or any other body, by whatever | ||||||
8 | name it is known, having
charge of the corporate affairs of a | ||||||
9 | governmental unit.
| ||||||
10 | (h-5) "Governmental revenue source" means a revenue source | ||||||
11 | that is either
(1) federal or State funds that the governmental | ||||||
12 | unit has received in some
amount during each of the 3 fiscal | ||||||
13 | years preceding the issuance of alternate
bonds or (2) revenues | ||||||
14 | to be received from another governmental unit under an
| ||||||
15 | intergovernmental cooperation agreement.
| ||||||
16 | (i) "Governmental unit" means a county, township, | ||||||
17 | municipality,
municipal corporation, unit of local government, | ||||||
18 | school district, special
district, public corporation, body | ||||||
19 | corporate and
politic, forest preserve
district, fire | ||||||
20 | protection district, conservation district, park district,
| ||||||
21 | sanitary district, and all
other local governmental agencies, | ||||||
22 | including any entity created by
intergovernmental agreement | ||||||
23 | among any of the foregoing governmental units,
but does not | ||||||
24 | include any office, officer, department, division, bureau,
| ||||||
25 | board, commission, university, or similar agency of the State.
| ||||||
26 | (j) "Ordinance" means an ordinance duly adopted by a | ||||||
27 | governing body or,
if appropriate under applicable law, a | ||||||
28 | resolution so adopted.
| ||||||
29 | (k) "Revenue bonds" means any bonds of a governmental unit | ||||||
30 | other than
general obligation bonds, but "revenue bonds" does | ||||||
31 | include any debt
authorized under Section 11-29.3-1 of the | ||||||
32 | Illinois Municipal Code.
| ||||||
33 | (l) "Revenue source" means a source of funds, other than | ||||||
34 | enterprise
revenues, received or available to be received by a | ||||||
35 | governmental unit and
available for any one or more of its | ||||||
36 | corporate purposes , including any public building commission |
| |||||||
|
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1 | lease rental base alternate tax levy .
| ||||||
2 | (m) "Limited bonds" means bonds, including public building | ||||||
3 | commission leases, but excluding other leases, notes, | ||||||
4 | installment or
financing contracts, certificates, tax | ||||||
5 | anticipation warrants or notes,
vouchers, and any other | ||||||
6 | evidences of indebtedness, issued under Section
15.01 of this | ||||||
7 | Act.
| ||||||
8 | (n) "Public building commission lease rental base" means
an | ||||||
9 | amount equal to that portion of the extension for a taxing
| ||||||
10 | district for the 1999 levy year constituting an extension for
| ||||||
11 | payment of lease rentals under a public building commission
| ||||||
12 | lease allocable to the retirement of bonds issued by the
| ||||||
13 | commission.
| ||||||
14 | (o) "Public building commission lease rental base
| ||||||
15 | alternate tax levy" means a special purpose levy available to
a | ||||||
16 | unit of local government and authorized for the payment of
| ||||||
17 | limited bonds as a revenue source, which shall equal the
public | ||||||
18 | building commission lease rental base less the amount
of such | ||||||
19 | base allocable to payment of lease rentals under a
public | ||||||
20 | building commission lease.
| ||||||
21 | (Source: P.A. 92-879, eff. 1-13-03.)
| ||||||
22 | (30 ILCS 350/15.01)
| ||||||
23 | Sec. 15.01. Limited bonds. A governmental unit is | ||||||
24 | authorized
to issue limited bonds payable from (i) the debt | ||||||
25 | service extension base, as
defined in the Property Tax | ||||||
26 | Extension Limitation Law, as provided in this
amendatory Act of | ||||||
27 | 1995 , (ii) the public building commission lease rental
base, or | ||||||
28 | (iii) both the debt service extension base and the public | ||||||
29 | building
commission lease rental base . Bonds authorized by | ||||||
30 | Public Act 88-503 and
issued under Section 20a of the Chicago | ||||||
31 | Park District Act for aquarium or
museum projects shall not be | ||||||
32 | issued as limited bonds. A governmental unit
issuing limited | ||||||
33 | bonds authorized by this Section shall provide in the bond
| ||||||
34 | ordinance that the bonds are issued as limited bonds and are | ||||||
35 | also issued
pursuant to applicable law, other than this |
| |||||||
|
|||||||
1 | amendatory Act of 1995, enabling
the governmental unit to issue | ||||||
2 | bonds. This amendatory Act of 1995 shall not
change the rate, | ||||||
3 | amount, purposes, limitations, source of funds for payment of
| ||||||
4 | principal or interest, or method of payment or defeasance of | ||||||
5 | the bonds that a
governmental unit may issue under any | ||||||
6 | applicable law; provided, that limited
bonds that are otherwise | ||||||
7 | to be issued as general obligation bonds may be
payable solely | ||||||
8 | from the debt service extension base. This amendatory Act of
| ||||||
9 | 1995 provides no additional authority to any governmental unit | ||||||
10 | to issue bonds
that the governmental unit is not otherwise | ||||||
11 | authorized to issue by a law other
than this amendatory Act of | ||||||
12 | 1995.
| ||||||
13 | (Source: P.A. 89-385, eff. 8-18-95; 89-449, eff. 6-1-96.)
| ||||||
14 | Section 10. The Property Tax Code is amended by changing
| ||||||
15 | Section 18-185 as follows:
| ||||||
16 | (35 ILCS 200/18-185)
| ||||||
17 | Sec. 18-185. Short title; definitions. This Division 5 may | ||||||
18 | be cited as the
Property Tax Extension Limitation Law. As used | ||||||
19 | in this Division 5:
| ||||||
20 | "Consumer Price Index" means the Consumer Price Index for | ||||||
21 | All Urban
Consumers for all items published by the United | ||||||
22 | States Department of Labor.
| ||||||
23 | "Extension limitation" means (a) the lesser of 5% or the | ||||||
24 | percentage increase
in the Consumer Price Index during the | ||||||
25 | 12-month calendar year preceding the
levy year or (b) the rate | ||||||
26 | of increase approved by voters under Section 18-205.
| ||||||
27 | "Affected county" means a county of 3,000,000 or more | ||||||
28 | inhabitants or a
county contiguous to a county of 3,000,000 or | ||||||
29 | more inhabitants.
| ||||||
30 | "Taxing district" has the same meaning provided in Section | ||||||
31 | 1-150, except as
otherwise provided in this Section. For the | ||||||
32 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||
33 | only each non-home rule taxing district having the
majority of | ||||||
34 | its
1990 equalized assessed value within any county or counties |
| |||||||
|
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1 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||
2 | Beginning with the 1995 levy
year, "taxing district" includes | ||||||
3 | only each non-home rule taxing district
subject to this Law | ||||||
4 | before the 1995 levy year and each non-home rule
taxing | ||||||
5 | district not subject to this Law before the 1995 levy year | ||||||
6 | having the
majority of its 1994 equalized assessed value in an | ||||||
7 | affected county or
counties. Beginning with the levy year in
| ||||||
8 | which this Law becomes applicable to a taxing district as
| ||||||
9 | provided in Section 18-213, "taxing district" also includes | ||||||
10 | those taxing
districts made subject to this Law as provided in | ||||||
11 | Section 18-213.
| ||||||
12 | "Aggregate extension" for taxing districts to which this | ||||||
13 | Law applied before
the 1995 levy year means the annual | ||||||
14 | corporate extension for the taxing
district and those special | ||||||
15 | purpose extensions that are made annually for
the taxing | ||||||
16 | district, excluding special purpose extensions: (a) made for | ||||||
17 | the
taxing district to pay interest or principal on general | ||||||
18 | obligation bonds
that were approved by referendum; (b) made for | ||||||
19 | any taxing district to pay
interest or principal on general | ||||||
20 | obligation bonds issued before October 1,
1991; (c) made for | ||||||
21 | any taxing district to pay interest or principal on bonds
| ||||||
22 | issued to refund or continue to refund those bonds issued | ||||||
23 | before October 1,
1991; (d)
made for any taxing district to pay | ||||||
24 | interest or principal on bonds
issued to refund or continue to | ||||||
25 | refund bonds issued after October 1, 1991 that
were approved by | ||||||
26 | referendum; (e)
made for any taxing district to pay interest
or | ||||||
27 | principal on revenue bonds issued before October 1, 1991 for | ||||||
28 | payment of
which a property tax levy or the full faith and | ||||||
29 | credit of the unit of local
government is pledged; however, a | ||||||
30 | tax for the payment of interest or principal
on those bonds | ||||||
31 | shall be made only after the governing body of the unit of | ||||||
32 | local
government finds that all other sources for payment are | ||||||
33 | insufficient to make
those payments; (f) made for payments | ||||||
34 | under a building commission lease when
the lease payments are | ||||||
35 | for the retirement of bonds issued by the commission
before | ||||||
36 | October 1, 1991, to pay for the building project; (g) made for |
| |||||||
|
|||||||
1 | payments
due under installment contracts entered into before | ||||||
2 | October 1, 1991;
(h) made for payments of principal and | ||||||
3 | interest on bonds issued under the
Metropolitan Water | ||||||
4 | Reclamation District Act to finance construction projects
| ||||||
5 | initiated before October 1, 1991; (i) made for payments of | ||||||
6 | principal and
interest on limited bonds, as defined in Section | ||||||
7 | 3 of the Local Government Debt
Reform Act, in an amount not to | ||||||
8 | exceed the sum of the debt service extension base and
the | ||||||
9 | allocated portion of the public building commission lease | ||||||
10 | rental base less
the amount in items (b), (c), (e), (f), and | ||||||
11 | (h) of this definition for
non-referendum obligations, except | ||||||
12 | obligations initially issued pursuant to
referendum; (j) made | ||||||
13 | for payments of principal and interest on bonds
issued under | ||||||
14 | Section 15 of the Local Government Debt Reform Act including
| ||||||
15 | the public building commission lease rental base alternate tax | ||||||
16 | levy
allocable to those payments ; (k)
made
by a school district | ||||||
17 | that participates in the Special Education District of
Lake | ||||||
18 | County, created by special education joint agreement under | ||||||
19 | Section
10-22.31 of the School Code, for payment of the school | ||||||
20 | district's share of the
amounts required to be contributed by | ||||||
21 | the Special Education District of Lake
County to the Illinois | ||||||
22 | Municipal Retirement Fund under Article 7 of the
Illinois | ||||||
23 | Pension Code; the amount of any extension under this item (k) | ||||||
24 | shall be
certified by the school district to the county clerk; | ||||||
25 | and (l) made to fund
expenses of providing joint recreational | ||||||
26 | programs for the handicapped under
Section 5-8 of
the
Park | ||||||
27 | District Code or Section 11-95-14 of the Illinois Municipal | ||||||
28 | Code.
| ||||||
29 | "Aggregate extension" for the taxing districts to which | ||||||
30 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
31 | districts subject to this Law
in
accordance with Section | ||||||
32 | 18-213) means the annual corporate extension for the
taxing | ||||||
33 | district and those special purpose extensions that are made | ||||||
34 | annually for
the taxing district, excluding special purpose | ||||||
35 | extensions: (a) made for the
taxing district to pay interest or | ||||||
36 | principal on general obligation bonds that
were approved by |
| |||||||
|
|||||||
1 | referendum; (b) made for any taxing district to pay interest
or | ||||||
2 | principal on general obligation bonds issued before March 1, | ||||||
3 | 1995; (c) made
for any taxing district to pay interest or | ||||||
4 | principal on bonds issued to refund
or continue to refund those | ||||||
5 | bonds issued before March 1, 1995; (d) made for any
taxing | ||||||
6 | district to pay interest or principal on bonds issued to refund | ||||||
7 | or
continue to refund bonds issued after March 1, 1995 that | ||||||
8 | were approved by
referendum; (e) made for any taxing district | ||||||
9 | to pay interest or principal on
revenue bonds issued before | ||||||
10 | March 1, 1995 for payment of which a property tax
levy or the | ||||||
11 | full faith and credit of the unit of local government is | ||||||
12 | pledged;
however, a tax for the payment of interest or | ||||||
13 | principal on those bonds shall be
made only after the governing | ||||||
14 | body of the unit of local government finds that
all other | ||||||
15 | sources for payment are insufficient to make those payments; | ||||||
16 | (f) made
for payments under a building commission lease when | ||||||
17 | the lease payments are for
the retirement of bonds issued by | ||||||
18 | the commission before March 1, 1995 to
pay for the building | ||||||
19 | project; (g) made for payments due under installment
contracts | ||||||
20 | entered into before March 1, 1995; (h) made for payments of
| ||||||
21 | principal and interest on bonds issued under the Metropolitan | ||||||
22 | Water Reclamation
District Act to finance construction | ||||||
23 | projects initiated before October 1,
1991; (i) made for | ||||||
24 | payments of principal and interest on limited bonds,
as defined | ||||||
25 | in Section 3 of the Local Government Debt Reform Act, in an | ||||||
26 | amount
not to exceed the debt service extension base less the | ||||||
27 | amount in items (b),
(c), and (e) of this definition for | ||||||
28 | non-referendum obligations, except
obligations initially | ||||||
29 | issued pursuant to referendum and bonds described in
subsection | ||||||
30 | (h) of this definition; (j) made for payments of
principal and | ||||||
31 | interest on bonds issued under Section 15 of the Local | ||||||
32 | Government
Debt Reform Act; (k) made for payments of principal | ||||||
33 | and interest on bonds
authorized by Public Act 88-503 and | ||||||
34 | issued under Section 20a of the Chicago
Park District Act for | ||||||
35 | aquarium or
museum projects; (l) made for payments of principal | ||||||
36 | and interest on
bonds
authorized by Public Act 87-1191 or |
| |||||||
|
|||||||
1 | 93-601
this amendatory Act of the 93rd General
Assembly and (i) | ||||||
2 | issued pursuant to Section 21.2 of the Cook County Forest
| ||||||
3 | Preserve District Act, (ii) issued under Section 42 of the Cook | ||||||
4 | County
Forest Preserve District Act for zoological park | ||||||
5 | projects, or (iii) issued
under Section 44.1 of the Cook County | ||||||
6 | Forest Preserve District Act for
botanical gardens projects; | ||||||
7 | (m) made
pursuant
to Section 34-53.5 of the School Code, | ||||||
8 | whether levied annually or not;
(n) made to fund expenses of | ||||||
9 | providing joint recreational programs for the
handicapped | ||||||
10 | under Section 5-8 of the Park
District Code or Section 11-95-14 | ||||||
11 | of the Illinois Municipal Code;
and (o) made by the
Chicago | ||||||
12 | Park
District for recreational programs for the handicapped | ||||||
13 | under subsection (c) of
Section
7.06 of the Chicago Park | ||||||
14 | District Act.
| ||||||
15 | "Aggregate extension" for all taxing districts to which | ||||||
16 | this Law applies in
accordance with Section 18-213, except for | ||||||
17 | those taxing districts subject to
paragraph (2) of subsection | ||||||
18 | (e) of Section 18-213, means the annual corporate
extension for | ||||||
19 | the
taxing district and those special purpose extensions that | ||||||
20 | are made annually for
the taxing district, excluding special | ||||||
21 | purpose extensions: (a) made for the
taxing district to pay | ||||||
22 | interest or principal on general obligation bonds that
were | ||||||
23 | approved by referendum; (b) made for any taxing district to pay | ||||||
24 | interest
or principal on general obligation bonds issued before | ||||||
25 | the date on which the
referendum making this
Law applicable to | ||||||
26 | the taxing district is held; (c) made
for any taxing district | ||||||
27 | to pay interest or principal on bonds issued to refund
or | ||||||
28 | continue to refund those bonds issued before the date on which | ||||||
29 | the
referendum making this Law
applicable to the taxing | ||||||
30 | district is held;
(d) made for any
taxing district to pay | ||||||
31 | interest or principal on bonds issued to refund or
continue to | ||||||
32 | refund bonds issued after the date on which the referendum | ||||||
33 | making
this Law
applicable to the taxing district is held if | ||||||
34 | the bonds were approved by
referendum after the date on which | ||||||
35 | the referendum making this Law
applicable to the taxing | ||||||
36 | district is held; (e) made for any
taxing district to pay |
| |||||||
|
|||||||
1 | interest or principal on
revenue bonds issued before the date | ||||||
2 | on which the referendum making this Law
applicable to the
| ||||||
3 | taxing district is held for payment of which a property tax
| ||||||
4 | levy or the full faith and credit of the unit of local | ||||||
5 | government is pledged;
however, a tax for the payment of | ||||||
6 | interest or principal on those bonds shall be
made only after | ||||||
7 | the governing body of the unit of local government finds that
| ||||||
8 | all other sources for payment are insufficient to make those | ||||||
9 | payments; (f) made
for payments under a building commission | ||||||
10 | lease when the lease payments are for
the retirement of bonds | ||||||
11 | issued by the commission before the date on which the
| ||||||
12 | referendum making this
Law applicable to the taxing district is | ||||||
13 | held to
pay for the building project; (g) made for payments due | ||||||
14 | under installment
contracts entered into before the date on | ||||||
15 | which the referendum making this Law
applicable to
the taxing | ||||||
16 | district is held;
(h) made for payments
of principal and | ||||||
17 | interest on limited bonds,
as defined in Section 3 of the Local | ||||||
18 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
19 | service extension base less the amount in items (b),
(c), and | ||||||
20 | (e) of this definition for non-referendum obligations, except
| ||||||
21 | obligations initially issued pursuant to referendum; (i) made | ||||||
22 | for payments
of
principal and interest on bonds issued under | ||||||
23 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
24 | for a qualified airport authority to pay interest or principal | ||||||
25 | on
general obligation bonds issued for the purpose of paying | ||||||
26 | obligations due
under, or financing airport facilities | ||||||
27 | required to be acquired, constructed,
installed or equipped | ||||||
28 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
29 | not including any amendments to such a contract taking effect | ||||||
30 | on
or after that date); and (k) made to fund expenses of | ||||||
31 | providing joint
recreational programs for the handicapped | ||||||
32 | under Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
33 | of the Illinois Municipal Code.
| ||||||
34 | "Aggregate extension" for all taxing districts to which | ||||||
35 | this Law applies in
accordance with paragraph (2) of subsection | ||||||
36 | (e) of Section 18-213 means the
annual corporate extension for |
| |||||||
|
|||||||
1 | the
taxing district and those special purpose extensions that | ||||||
2 | are made annually for
the taxing district, excluding special | ||||||
3 | purpose extensions: (a) made for the
taxing district to pay | ||||||
4 | interest or principal on general obligation bonds that
were | ||||||
5 | approved by referendum; (b) made for any taxing district to pay | ||||||
6 | interest
or principal on general obligation bonds issued before | ||||||
7 | the effective date of
this amendatory Act of 1997;
(c) made
for | ||||||
8 | any taxing district to pay interest or principal on bonds | ||||||
9 | issued to refund
or continue to refund those bonds issued | ||||||
10 | before the effective date
of this amendatory Act of 1997;
(d) | ||||||
11 | made for any
taxing district to pay interest or principal on | ||||||
12 | bonds issued to refund or
continue to refund bonds issued after | ||||||
13 | the effective date of this amendatory Act
of 1997 if the bonds | ||||||
14 | were approved by referendum after the effective date of
this | ||||||
15 | amendatory Act of 1997;
(e) made for any
taxing district to pay | ||||||
16 | interest or principal on
revenue bonds issued before the | ||||||
17 | effective date of this amendatory Act of 1997
for payment of | ||||||
18 | which a property tax
levy or the full faith and credit of the | ||||||
19 | unit of local government is pledged;
however, a tax for the | ||||||
20 | payment of interest or principal on those bonds shall be
made | ||||||
21 | only after the governing body of the unit of local government | ||||||
22 | finds that
all other sources for payment are insufficient to | ||||||
23 | make those payments; (f) made
for payments under a building | ||||||
24 | commission lease when the lease payments are for
the retirement | ||||||
25 | of bonds issued by the commission before the effective date
of | ||||||
26 | this amendatory Act of 1997
to
pay for the building project; | ||||||
27 | (g) made for payments due under installment
contracts entered | ||||||
28 | into before the effective date of this amendatory Act of
1997;
| ||||||
29 | (h) made for payments
of principal and interest on limited | ||||||
30 | bonds,
as defined in Section 3 of the Local Government Debt | ||||||
31 | Reform Act, in an amount
not to exceed the debt service | ||||||
32 | extension base less the amount in items (b),
(c), and (e) of | ||||||
33 | this definition for non-referendum obligations, except
| ||||||
34 | obligations initially issued pursuant to referendum; (i) made | ||||||
35 | for payments
of
principal and interest on bonds issued under | ||||||
36 | Section 15 of the Local Government
Debt Reform Act;
(j)
made |
| |||||||
|
|||||||
1 | for a qualified airport authority to pay interest or principal | ||||||
2 | on
general obligation bonds issued for the purpose of paying | ||||||
3 | obligations due
under, or financing airport facilities | ||||||
4 | required to be acquired, constructed,
installed or equipped | ||||||
5 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
6 | not including any amendments to such a contract taking effect | ||||||
7 | on
or after that date); and (k) made to fund expenses of | ||||||
8 | providing joint
recreational programs for the handicapped | ||||||
9 | under Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
10 | of the Illinois Municipal Code.
| ||||||
11 | "Debt service extension base" means an amount equal to that | ||||||
12 | portion of the
extension for a taxing district for the 1994 | ||||||
13 | levy year, or for those taxing
districts subject to this Law in | ||||||
14 | accordance with Section 18-213, except for
those subject to | ||||||
15 | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| ||||||
16 | year in which the referendum making this Law applicable to the | ||||||
17 | taxing district
is held, or for those taxing districts subject | ||||||
18 | to this Law in accordance with
paragraph (2) of subsection (e) | ||||||
19 | of Section 18-213 for the 1996 levy year,
constituting an
| ||||||
20 | extension for payment of principal and interest on bonds issued | ||||||
21 | by the taxing
district without referendum, but not including | ||||||
22 | excluded non-referendum bonds. For park districts (i) that were | ||||||
23 | first
subject to this Law in 1991 or 1995 and (ii) whose | ||||||
24 | extension for the 1994 levy
year for the payment of principal | ||||||
25 | and interest on bonds issued by the park
district without | ||||||
26 | referendum (but not including excluded non-referendum bonds)
| ||||||
27 | was less than 51% of the amount for the 1991 levy year | ||||||
28 | constituting an
extension for payment of principal and interest | ||||||
29 | on bonds issued by the park
district without referendum (but | ||||||
30 | not including excluded non-referendum bonds),
"debt service | ||||||
31 | extension base" means an amount equal to that portion of the
| ||||||
32 | extension for the 1991 levy year constituting an extension for | ||||||
33 | payment of
principal and interest on bonds issued by the park | ||||||
34 | district without referendum
(but not including excluded | ||||||
35 | non-referendum bonds). The debt service extension
base may be | ||||||
36 | established or increased as provided under Section 18-212.
|
| |||||||
|
|||||||
1 | "Excluded non-referendum bonds" means (i) bonds authorized by | ||||||
2 | Public
Act 88-503 and issued under Section 20a of the Chicago | ||||||
3 | Park District Act for
aquarium and museum projects; (ii) bonds | ||||||
4 | issued under Section 15 of the
Local Government Debt Reform | ||||||
5 | Act; or (iii) refunding obligations issued
to refund or to | ||||||
6 | continue to refund obligations initially issued pursuant to
| ||||||
7 | referendum.
| ||||||
8 | "Special purpose extensions" include, but are not limited | ||||||
9 | to, extensions
for levies made on an annual basis for | ||||||
10 | unemployment and workers'
compensation, self-insurance, | ||||||
11 | contributions to pension plans, and extensions
made pursuant to | ||||||
12 | Section 6-601 of the Illinois Highway Code for a road
| ||||||
13 | district's permanent road fund whether levied annually or not. | ||||||
14 | The
extension for a special service area is not included in the
| ||||||
15 | aggregate extension.
| ||||||
16 | "Aggregate extension base" means the taxing district's | ||||||
17 | last preceding
aggregate extension as adjusted under Sections | ||||||
18 | 18-215 through 18-230.
| ||||||
19 | "Levy year" has the same meaning as "year" under Section
| ||||||
20 | 1-155.
| ||||||
21 | "New property" means (i) the assessed value, after final | ||||||
22 | board of review or
board of appeals action, of new improvements | ||||||
23 | or additions to existing
improvements on any parcel of real | ||||||
24 | property that increase the assessed value of
that real property | ||||||
25 | during the levy year multiplied by the equalization factor
| ||||||
26 | issued by the Department under Section 17-30, (ii) the assessed | ||||||
27 | value, after
final board of review or board of appeals action, | ||||||
28 | of real property not exempt
from real estate taxation, which | ||||||
29 | real property was exempt from real estate
taxation for any | ||||||
30 | portion of the immediately preceding levy year, multiplied by
| ||||||
31 | the equalization factor issued by the Department under Section | ||||||
32 | 17-30, and
(iii) in counties that classify in accordance with | ||||||
33 | Section 4 of Article
IX of the
Illinois Constitution, an | ||||||
34 | incentive property's additional assessed value
resulting from | ||||||
35 | a
scheduled increase in the level of assessment as applied to | ||||||
36 | the first year
final board of
review market value.
In addition, |
| |||||||
|
|||||||
1 | the county clerk in a county containing a population of
| ||||||
2 | 3,000,000 or more shall include in the 1997
recovered tax | ||||||
3 | increment value for any school district, any recovered tax
| ||||||
4 | increment value that was applicable to the 1995 tax year | ||||||
5 | calculations.
| ||||||
6 | "Qualified airport authority" means an airport authority | ||||||
7 | organized under
the Airport Authorities Act and located in a | ||||||
8 | county bordering on the State of
Wisconsin and having a | ||||||
9 | population in excess of 200,000 and not greater than
500,000.
| ||||||
10 | "Recovered tax increment value" means, except as otherwise | ||||||
11 | provided in this
paragraph, the amount of the current year's | ||||||
12 | equalized assessed value, in the
first year after a | ||||||
13 | municipality terminates
the designation of an area as a | ||||||
14 | redevelopment project area previously
established under the | ||||||
15 | Tax Increment Allocation Development Act in the Illinois
| ||||||
16 | Municipal Code, previously established under the Industrial | ||||||
17 | Jobs Recovery Law
in the Illinois Municipal Code, or previously | ||||||
18 | established under the Economic
Development Area Tax Increment | ||||||
19 | Allocation Act, of each taxable lot, block,
tract, or parcel of | ||||||
20 | real property in the redevelopment project area over and
above | ||||||
21 | the initial equalized assessed value of each property in the
| ||||||
22 | redevelopment project area.
For the taxes which are extended | ||||||
23 | for the 1997 levy year, the recovered tax
increment value for a | ||||||
24 | non-home rule taxing district that first became subject
to this | ||||||
25 | Law for the 1995 levy year because a majority of its 1994 | ||||||
26 | equalized
assessed value was in an affected county or counties | ||||||
27 | shall be increased if a
municipality terminated the designation | ||||||
28 | of an area in 1993 as a redevelopment
project area previously | ||||||
29 | established under the Tax Increment Allocation
Development Act | ||||||
30 | in the Illinois Municipal Code, previously established under
| ||||||
31 | the Industrial Jobs Recovery Law in the Illinois Municipal | ||||||
32 | Code, or previously
established under the Economic Development | ||||||
33 | Area Tax Increment Allocation Act,
by an amount equal to the | ||||||
34 | 1994 equalized assessed value of each taxable lot,
block, | ||||||
35 | tract, or parcel of real property in the redevelopment project | ||||||
36 | area over
and above the initial equalized assessed value of |
| |||||||
|
|||||||
1 | each property in the
redevelopment project area.
In the first | ||||||
2 | year after a municipality
removes a taxable lot, block, tract, | ||||||
3 | or parcel of real property from a
redevelopment project area | ||||||
4 | established under the Tax Increment Allocation
Development Act | ||||||
5 | in the Illinois
Municipal Code, the Industrial Jobs Recovery | ||||||
6 | Law
in the Illinois Municipal Code, or the Economic
Development | ||||||
7 | Area Tax Increment Allocation Act, "recovered tax increment | ||||||
8 | value"
means the amount of the current year's equalized | ||||||
9 | assessed value of each taxable
lot, block, tract, or parcel of | ||||||
10 | real property removed from the redevelopment
project area over | ||||||
11 | and above the initial equalized assessed value of that real
| ||||||
12 | property before removal from the redevelopment project area.
| ||||||
13 | Except as otherwise provided in this Section, "limiting | ||||||
14 | rate" means a
fraction the numerator of which is the last
| ||||||
15 | preceding aggregate extension base times an amount equal to one | ||||||
16 | plus the
extension limitation defined in this Section and the | ||||||
17 | denominator of which
is the current year's equalized assessed | ||||||
18 | value of all real property in the
territory under the | ||||||
19 | jurisdiction of the taxing district during the prior
levy year. | ||||||
20 | For those taxing districts that reduced their aggregate
| ||||||
21 | extension for the last preceding levy year, the highest | ||||||
22 | aggregate extension
in any of the last 3 preceding levy years | ||||||
23 | shall be used for the purpose of
computing the limiting rate. | ||||||
24 | The denominator shall not include new
property. The denominator | ||||||
25 | shall not include the recovered tax increment
value.
| ||||||
26 | (Source: P.A. 92-547, eff. 6-13-02; 93-601, eff. 1-1-04; | ||||||
27 | 93-606, eff. 11-18-03; 93-612, eff. 11-18-03; revised | ||||||
28 | 12-10-03.)
| ||||||
29 | Section 15. The Public Building Commission Act is amended | ||||||
30 | by changing
Sections 3 and 18 as follows:
| ||||||
31 | (50 ILCS 20/3) (from Ch. 85, par. 1033)
| ||||||
32 | Sec. 3. The following terms, wherever used, or referred to | ||||||
33 | in this Act,
mean unless the context clearly requires a | ||||||
34 | different meaning:
|
| |||||||
|
|||||||
1 | (a) "Commission" means a Public Building Commission | ||||||
2 | created pursuant to
this Act.
| ||||||
3 | (b) "Commissioner" or "Commissioners" means a Commissioner | ||||||
4 | or
Commissioners of a Public Building Commission.
| ||||||
5 | (c) "County seat" means a city, village or town which is | ||||||
6 | the county seat
of a county.
| ||||||
7 | (d) "Municipality" means any city, village or incorporated | ||||||
8 | town of the
State of Illinois.
| ||||||
9 | (e) "Municipal corporation" includes a county, city, | ||||||
10 | village, town,
(including a county seat), park district,
school | ||||||
11 | district in a county of 3,000,000 or more population, board of
| ||||||
12 | education of a school district in a county of 3,000,000 or more | ||||||
13 | population,
sanitary district,
airport authority contiguous | ||||||
14 | with the County
Seat as of July 1, 1969 and any other municipal | ||||||
15 | body or governmental agency
of the State but does not include a | ||||||
16 | school district in a county of less
than 3,000,000 population, | ||||||
17 | a board of education of a school district in a
county of less | ||||||
18 | than 3,000,000 population, or a community college district in
a | ||||||
19 | county of less than 3,000,000 population.
| ||||||
20 | (f) "Governing body" includes a city council, county board, | ||||||
21 | or any other
body or board, by whatever name it may be known, | ||||||
22 | charged with the governing
of a municipal corporation.
| ||||||
23 | (g) "Presiding officer" includes the mayor or president of | ||||||
24 | a city,
village or town, the presiding officer of a county | ||||||
25 | board, or the presiding
officer of any other board or | ||||||
26 | commission, as the case may be.
| ||||||
27 | (h) "Oath" means oath or affirmation.
| ||||||
28 | (i) "Building" means an improvement to real estate to be | ||||||
29 | made available
for use by a municipal corporation for the | ||||||
30 | furnishing of governmental
services to its citizens, together | ||||||
31 | with any land or interest in land
necessary or useful in | ||||||
32 | connection with the improvement.
| ||||||
33 | (j) "Public building commission lease rental base" means | ||||||
34 | that term as it
is
defined in the Local Government Debt Reform | ||||||
35 | Act.
| ||||||
36 | (Source: P.A. 88-304.)
|
| |||||||
|
|||||||
1 | (50 ILCS 20/18) (from Ch. 85, par. 1048)
| ||||||
2 | Sec. 18. Whenever, and as often as, a municipal corporation | ||||||
3 | having
taxing power enters into a lease with a Public Building | ||||||
4 | Commission, the
governing body of such municipal corporation | ||||||
5 | shall provide by ordinance
or resolution, as the case may be, | ||||||
6 | for the levy and collection of a
direct annual tax (i) | ||||||
7 | sufficient to pay the annual rent payable under such
lease as | ||||||
8 | and when it becomes due and payable
or (ii), if applicable, in | ||||||
9 | the amount of the public building commission lease
rental base | ||||||
10 | allocated to the lease . A certified copy of the
lease of such | ||||||
11 | municipal corporation and a certified copy of the tax
levying | ||||||
12 | ordinance or resolution, as the case may be, of such municipal
| ||||||
13 | corporation shall be filed in the office of the county clerk in | ||||||
14 | each
county in which any portion of the territory of such | ||||||
15 | municipal
corporation is situated, which certified copies | ||||||
16 | shall constitute the
authority for the county clerk or clerks, | ||||||
17 | in each case, to extend the
taxes annually (i) necessary to pay | ||||||
18 | the annual rent payable under such
lease
as and when it becomes | ||||||
19 | due and payable
or (ii), if applicable, in the amount of the | ||||||
20 | public building commission lease
rental base allocated to the | ||||||
21 | lease .
No taxes shall be extended for any lease entered into | ||||||
22 | after the effective
date of this amendatory Act of 1993, | ||||||
23 | however, until after a public hearing on
the lease. The clerk | ||||||
24 | or secretary of the governing body of the municipal
corporation | ||||||
25 | shall cause notice of the time and place of the hearing to be
| ||||||
26 | published at least once, at least 15 days before the hearing, | ||||||
27 | in a newspaper
published or having general circulation within | ||||||
28 | the municipal corporation. If no
such newspaper exists, the | ||||||
29 | clerk or secretary shall cause the notice to be
posted, at | ||||||
30 | least 15 days before the hearing, in at least 10 conspicuous | ||||||
31 | places
within the municipal corporation. The notice shall be in | ||||||
32 | the following form:
| ||||||
33 | NOTICE OF PUBLIC HEARING ON LEASE between (name of the
| ||||||
34 | municipal corporation) and (name of the public building | ||||||
35 | commission).
|
| |||||||
|
|||||||
1 | A public hearing regarding a lease between (name of the | ||||||
2 | municipal
corporation) and (name of the public building | ||||||
3 | commission) will be held by (name
of the governing body of the | ||||||
4 | municipal corporation) on (date) at (time) at
(location). The | ||||||
5 | largest yearly rental payment set forth in the lease is ($
| ||||||
6 | amount). The maximum length of the lease is (years).
| ||||||
7 | The purpose of the lease is (explain in 25 words or less).
| ||||||
8 | Dated (insert date).
| ||||||
9 | By Order of (name of the governing body
| ||||||
10 | of the Municipal Corporation)
| ||||||
11 | /s/............
| ||||||
12 | Clerk or Secretary
| ||||||
13 | At the hearing, all persons residing or owning
property in | ||||||
14 | the municipal corporation shall have an
opportunity to be heard | ||||||
15 | orally,
in writing, or both.
| ||||||
16 | Upon the filing of the certified copies of the lease and
| ||||||
17 | the tax levying ordinance or resolution in the office of the | ||||||
18 | county clerk
or clerks of the proper county or counties, it | ||||||
19 | shall be the duty
of such county clerk or clerks to ascertain | ||||||
20 | the rate per cent which,
upon the value of all property subject | ||||||
21 | to taxation within the municipal
corporation, as that property | ||||||
22 | is assessed or equalized by the Department
of Revenue, will | ||||||
23 | produce a net amount of not less than (i)
the amount of the | ||||||
24 | annual rent reserved in such lease
or (ii), if applicable, the | ||||||
25 | amount of the public building commission lease
rental base | ||||||
26 | allocated to the lease . The county clerk
or clerks shall | ||||||
27 | thereupon, and thereafter annually during the term of
the | ||||||
28 | lease, extend taxes against all of the taxable property | ||||||
29 | contained in
that municipal corporation (i) sufficient to pay | ||||||
30 | the annual rental reserved
in such lease
or (ii), if | ||||||
31 | applicable, in the amount of the public building commission | ||||||
32 | lease
rental base allocated to the lease . Such tax shall be | ||||||
33 | levied and collected in
like manner
with the other taxes of | ||||||
34 | such municipal corporation and shall be in
addition to all | ||||||
35 | other taxes now or hereafter authorized to be levied by
that | ||||||
36 | municipal corporation.
Except for the limitation provided for |
| |||||||
|
|||||||
1 | the allocated amount of the public
building commission lease | ||||||
2 | rental base, if applicable,
this tax shall not be included | ||||||
3 | within any
statutory limitation of rate or amount for that | ||||||
4 | municipal corporation
but shall be excluded therefrom and be in | ||||||
5 | addition thereto and in excess
thereof. The fund realized from | ||||||
6 | such tax levy shall be set aside for the
payment of the annual | ||||||
7 | rent and shall not be disbursed for any other
purpose until the | ||||||
8 | annual rental has been paid in full. This Section
shall not be | ||||||
9 | construed to limit the power of the Commission to enter
into | ||||||
10 | leases with any municipal corporation whether or not the | ||||||
11 | municipal
corporation has the power of taxation. This Section | ||||||
12 | shall not be
construed to require taxes to be levied or
| ||||||
13 | extended in excess of the allocated portion of a public | ||||||
14 | building
commission lease rental base, if applicable.
| ||||||
15 | (Source: P.A. 92-16, eff. 6-28-01.)
| ||||||
16 | Section 20. The Counties Code is amended by changing
| ||||||
17 | Section 5-1024 as follows:
| ||||||
18 | (55 ILCS 5/5-1024) (from Ch. 34, par. 5-1024)
| ||||||
19 | Sec. 5-1024. Taxes. A county board may cause to be levied | ||||||
20 | and
collected annually, except as hereinafter provided, taxes | ||||||
21 | for county
purposes, including all purposes for which money may | ||||||
22 | be raised by the
county by taxation, in counties having 80,000 | ||||||
23 | or more but less than
3,000,000 inhabitants at a rate not | ||||||
24 | exceeding .25%, of the value as
equalized or assessed by the | ||||||
25 | Department of Revenue; in counties with less
than 80,000 but | ||||||
26 | more than 15,000 inhabitants at a rate not exceeding .27%,
of | ||||||
27 | the value as equalized or assessed by the Department of | ||||||
28 | Revenue; in
counties with less than 80,000 inhabitants which | ||||||
29 | have authorized a tax by
referendum under Section 7-2 of the | ||||||
30 | Juvenile Court Act prior to the
effective date of this | ||||||
31 | amendatory Act of 1985, at a rate not exceeding
.32%, of the | ||||||
32 | value as equalized or assessed by the Department of Revenue;
| ||||||
33 | and in counties with 15,000 or fewer inhabitants at a rate not | ||||||
34 | exceeding
.37%, of the value as equalized or assessed by the |
| |||||||
|
|||||||
1 | Department of Revenue;
and in counties having 3,000,000 or more | ||||||
2 | inhabitants for each even numbered
year, subject to the | ||||||
3 | abatement requirements hereinafter provided, at a rate
not | ||||||
4 | exceeding .39% of the value, as equalized or assessed by the | ||||||
5 | Department
of Revenue, and for each odd numbered year, subject | ||||||
6 | to the abatement
requirements hereinafter provided, at a rate | ||||||
7 | not exceeding .35% of the
value as equalized or assessed by the | ||||||
8 | Department of Revenue, except taxes
for the payment of interest | ||||||
9 | on and principal of bonded indebtedness
heretofore duly | ||||||
10 | authorized for the
construction of State aid roads in the
| ||||||
11 | county as defined in "An Act to revise the law in relation to | ||||||
12 | roads and
bridges", approved June 27, 1913, or for the | ||||||
13 | construction of
county highways as defined in the Illinois | ||||||
14 | Highway Code, and except taxes
for the payment of
interest on | ||||||
15 | and principal of bonded indebtedness duly authorized without a
| ||||||
16 | vote of the people of the county, and except taxes authorized | ||||||
17 | as additional
by a vote of the people of the county, and except | ||||||
18 | taxes for working cash
fund purposes, and except taxes as | ||||||
19 | authorized by Sections 5-601, 5-602,
5-603, 5-604 and 6-512 of | ||||||
20 | the Illinois Highway Code, and except taxes
authorized under | ||||||
21 | Section 7 of the Village
Library Act,
and except
taxes levied | ||||||
22 | to pay the annual rent payments due under a lease entered into
| ||||||
23 | by the county with a Public Building Commission as authorized | ||||||
24 | by Section 18
of the Public Building Commission Act,
including | ||||||
25 | payments to be made from the public building commission
lease | ||||||
26 | rental base as defined in the Local Government Debt Reform Act,
| ||||||
27 | and except taxes levied allocable to the public building | ||||||
28 | commission lease
rental base alternate tax levy as defined in | ||||||
29 | the Local Government Debt
Reform Act, and except taxes levied | ||||||
30 | to pay principal of and interest on
limited bonds as defined in | ||||||
31 | the Local Government Debt Reform Act,
and except taxes levied | ||||||
32 | under
Division 6-3, and
except taxes levied for general | ||||||
33 | assistance for needy persons in counties
under commission form | ||||||
34 | of government and except taxes levied under the
County Care for | ||||||
35 | Persons with Developmental Disabilities Act, and except taxes
| ||||||
36 | levied
under the Community Mental Health Act, and except taxes |
| |||||||
|
|||||||
1 | levied under
Section 5-1025 to pay the expenses of elections | ||||||
2 | and except taxes levied
under "An Act to provide the manner of | ||||||
3 | levying or
imposing taxes for the
provision of special services | ||||||
4 | to areas within the boundaries of home rule
units and non-home | ||||||
5 | rule municipalities and counties", approved September
21, | ||||||
6 | 1973, and except taxes levied under Section 3a of the Revenue | ||||||
7 | Act of
1939 for the purposes of helping to pay for the expenses | ||||||
8 | of the assessor's
office, and except taxes levied under | ||||||
9 | Division 5-21,
and except taxes
levied pursuant to Section 19 | ||||||
10 | of "The Illinois Emergency
Services and Disaster Agency Act of | ||||||
11 | 1975", as now or hereafter amended,
and except taxes levied | ||||||
12 | pursuant to Division 5-23, and except taxes levied
under | ||||||
13 | Section 5 of
the County
Shelter Care and Detention Home Act, | ||||||
14 | and
except taxes levied under the Children's Advocacy Center | ||||||
15 | Act, and except
taxes levied under Section 9-107 of the Local | ||||||
16 | Governmental and Governmental
Employees Tort Immunity Act.
| ||||||
17 | Those taxes a county has levied and excepted from the rate | ||||||
18 | limitation
imposed by this Section or Section 25.05 of "An Act | ||||||
19 | to revise the law in
relation to counties", approved March 31, | ||||||
20 | 1874, in reliance on this amendatory
Act of 1994 are not | ||||||
21 | invalid because of any provision of this Section
that may be | ||||||
22 | construed to or may have been construed to restrict or limit | ||||||
23 | those
taxes
levied and those taxes are hereby validated.
This | ||||||
24 | validation of taxes levied applies to all cases pending on or | ||||||
25 | after the
effective
date of this amendatory Act of 1994.
| ||||||
26 | Nothing contained in this amendatory Act of 1994 shall be | ||||||
27 | construed to
affect the application of the Property Tax | ||||||
28 | Extension Limitation Law.
| ||||||
29 | Any tax levied for general assistance for needy persons in | ||||||
30 | any county in
addition to and in excess of the maximum levy | ||||||
31 | permitted by this Section
for general county purposes shall be | ||||||
32 | paid into a special fund in the
county treasury and used only | ||||||
33 | for the purposes for which it is levied
except that any excess | ||||||
34 | in such fund over the amount needed for general
assistance may | ||||||
35 | be used for County Nursing Home purposes and shall not
exceed | ||||||
36 | .10% of the value, as equalized or assessed by the Department |
| |||||||
|
|||||||
1 | of
Revenue. Any taxes levied for general assistance pursuant to | ||||||
2 | this Section
may also be used for the payment of warrants | ||||||
3 | issued against and in
anticipation of such taxes and accrued | ||||||
4 | interest thereon and may also be
used for the payment of costs | ||||||
5 | of administering such general assistance.
| ||||||
6 | In counties having 3,000,000 or more inhabitants, taxes | ||||||
7 | levied for
any year for any purpose or purposes, except amounts | ||||||
8 | levied for the
payment of bonded indebtedness or interest | ||||||
9 | thereon and for pension fund
purpose, and except taxes levied | ||||||
10 | to pay the annual rent payments due
under a lease entered into | ||||||
11 | by the county with a Public Building
Commission as authorized | ||||||
12 | by Section 18 of the Public Building
Commission Act, are | ||||||
13 | subject to the
limitation that they shall not exceed the | ||||||
14 | estimated amount of taxes to
be levied for the year for the | ||||||
15 | purpose or
purposes as determined in
accordance with Section | ||||||
16 | 6-24001 and set forth in the annual
appropriation bill of the | ||||||
17 | county and in ascertaining the rate per cent
that will produce | ||||||
18 | the amount of any tax levied in any county, the
county clerk | ||||||
19 | shall not add to the tax or rate any sum or amount to
cover the | ||||||
20 | loss and cost of collecting the tax, except in the case of
| ||||||
21 | amounts levied for the payment of bonded indebtedness or | ||||||
22 | interest
thereon, and in the case of amounts levied for pension | ||||||
23 | fund purposes,
and except taxes levied to pay the annual rent | ||||||
24 | payments due under a
lease entered into by the county with a | ||||||
25 | Public Building Commission as
authorized by Section 18 of the | ||||||
26 | Public Building Commission Act.
| ||||||
27 | In counties having a population of 3,000,000 or more | ||||||
28 | inhabitants, the
county clerk shall in each even numbered year, | ||||||
29 | before extending the
county tax for the year, reduce the levy | ||||||
30 | for county purposes
for the
year (exclusive of levies for | ||||||
31 | payment of indebtedness and payment of
interest on and | ||||||
32 | principal of bonded indebtedness as aforesaid, and
exclusive of | ||||||
33 | county highway taxes as aforesaid, and exclusive of pension
| ||||||
34 | fund taxes, and except taxes levied to pay the annual rent | ||||||
35 | payments due
under a lease entered into by the county with a | ||||||
36 | Public Building
Commission as authorized by Section 18 of the |
| |||||||
|
|||||||
1 | Public Building
Commission Act) in the manner described
and in | ||||||
2 | an amount to be determined as follows: If the amount received
| ||||||
3 | from the collection of the tax levied in the last preceding | ||||||
4 | even
numbered year for county purposes as aforesaid, as shown | ||||||
5 | by the county
treasurer's final settlement for the last | ||||||
6 | preceding even numbered year
and also by subsequent receipts of | ||||||
7 | delinquent taxes for the county
purposes fund levied for the | ||||||
8 | last preceding even numbered year, equals
or exceeds the amount | ||||||
9 | produced by multiplying the rate extended for the
county | ||||||
10 | purposes for the last preceding even numbered year by the total
| ||||||
11 | assessed valuation of all property in the county used in the | ||||||
12 | year for
purposes of state and county taxes, and by deducting | ||||||
13 | therefrom the
amount appropriated to cover the loss and cost of | ||||||
14 | collecting taxes to be
levied for the county purposes fund for | ||||||
15 | the last preceding even
numbered year, the clerk in determining | ||||||
16 | the rate per cent to be extended
for the county purposes fund | ||||||
17 | shall deduct from the amount of the levy
certified to him for | ||||||
18 | county purposes as aforesaid for even numbered
years the amount | ||||||
19 | received by the county clerk or withheld by the county
| ||||||
20 | treasurer from other municipal corporations within the county | ||||||
21 | as their
pro rata share of election expenses for the last | ||||||
22 | preceding even numbered
year, as authorized in Sections 13-11, | ||||||
23 | 13-12, 13-13 and 16-2 of the
Election Code, and
the clerk in | ||||||
24 | these counties shall extend only the net amount remaining
after | ||||||
25 | such deductions.
| ||||||
26 | The foregoing limitations upon tax rates, insofar as they | ||||||
27 | are
applicable to counties having less than 3,000,000 | ||||||
28 | inhabitants, may be
increased or decreased under the referendum | ||||||
29 | provisions of the General
Revenue Law of Illinois and there | ||||||
30 | shall be no limit on the rate of
tax for county purposes that | ||||||
31 | may be levied by a county
so long as any increase in the rate is | ||||||
32 | authorized by
referendum in that county.
| ||||||
33 | Any county having a population of less than 3,000,000 | ||||||
34 | inhabitants
that has determined to change its fiscal year may, | ||||||
35 | as a means of
effectuating a change, instead of levying taxes | ||||||
36 | for a one-year
period, levy taxes for a period greater or less |
| |||||||
|
|||||||
1 | than a year as may be
necessary.
| ||||||
2 | In counties having less than 3,000,000 inhabitants, in | ||||||
3 | ascertaining
the rate per cent that will produce the amount of | ||||||
4 | any tax levied in that
county, the County Clerk shall not add | ||||||
5 | to the tax or rate any sum
or amount to cover the loss and cost | ||||||
6 | of collecting the tax except in the
case of amounts levied for | ||||||
7 | the payment of bonded indebtedness or
interest thereon and in | ||||||
8 | the case of amounts levied for pension fund
purposes and except | ||||||
9 | taxes levied to pay the annual rent payments due
under a lease | ||||||
10 | entered into by the county with a Public Building
Commission as | ||||||
11 | authorized by Section 18 of the Public Building
Commission Act.
| ||||||
12 | A county shall not have its maximum tax rate reduced as a | ||||||
13 | result of a
population increase indicated by the 1980 federal | ||||||
14 | census.
| ||||||
15 | (Source: P.A. 91-51, eff. 6-30-99.)
| ||||||
16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.
|