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1 | AN ACT concerning schools.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Property Tax Code is amended by changing | ||||||||||||||||||||||||||||||||
5 | Sections 18-80 and 18-185 as follows:
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6 | (35 ILCS 200/18-80)
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7 | Sec. 18-80. Time and form of notice. The notice shall | ||||||||||||||||||||||||||||||||
8 | appear not more than
14 days nor less than 7 days prior to the | ||||||||||||||||||||||||||||||||
9 | date of the public hearing. The
notice shall be no less than | ||||||||||||||||||||||||||||||||
10 | 1/8 page in size, and the smallest type used shall
be 12 point | ||||||||||||||||||||||||||||||||
11 | and shall be enclosed in a black border no less than 1/4 inch | ||||||||||||||||||||||||||||||||
12 | wide.
The notice shall not be placed in that portion of the | ||||||||||||||||||||||||||||||||
13 | newspaper where legal
notices and classified advertisements | ||||||||||||||||||||||||||||||||
14 | appear. The notice for all taxing districts except school | ||||||||||||||||||||||||||||||||
15 | districts having a population of less than 500,000 inhabitants
| ||||||||||||||||||||||||||||||||
16 | shall be published in
substantially the following form:
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17 | Notice of Proposed Property Tax Increase for ... (commonly | ||||||||||||||||||||||||||||||||
18 | known name of
taxing district).
| ||||||||||||||||||||||||||||||||
19 | I. A public hearing to approve a proposed property tax levy | ||||||||||||||||||||||||||||||||
20 | increase for
... (legal name of the taxing district)... for ... | ||||||||||||||||||||||||||||||||
21 | (year) ... will be held
on ... (date) ... at ... (time) ... at | ||||||||||||||||||||||||||||||||
22 | ... (location).
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23 | Any person desiring to appear at the public hearing and |
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| |||||||
1 | present testimony
to the taxing district may contact ... (name, | ||||||
2 | title, address and telephone
number of an appropriate | ||||||
3 | official).
| ||||||
4 | II. The corporate and special purpose property taxes | ||||||
5 | extended or abated
for ... (preceding year) ... were ... | ||||||
6 | (dollar amount of the final aggregate
levy as extended, plus | ||||||
7 | the amount abated by the taxing district prior to
extension).
| ||||||
8 | The proposed corporate and special purpose property taxes | ||||||
9 | to be levied
for ... (current year) ... are ... (dollar amount | ||||||
10 | of the proposed aggregate
levy). This represents a ... | ||||||
11 | (percentage) ... increase over the previous
year.
| ||||||
12 | III. The property taxes extended for debt service and | ||||||
13 | public building
commission leases for ... (preceding year) ... | ||||||
14 | were ... (dollar amount).
| ||||||
15 | The estimated property taxes to be levied for debt service | ||||||
16 | and public
building commission leases for ... (current year) | ||||||
17 | ... are ... (dollar
amount). This represents a ... (percentage | ||||||
18 | increase or decrease) ... over
the previous year.
| ||||||
19 | IV. The total property taxes extended or abated for ... | ||||||
20 | (preceding year)
... were ... (dollar amount).
| ||||||
21 | The estimated total property taxes to be levied for ... | ||||||
22 | (current year)
... are ... (dollar amount). This represents a | ||||||
23 | ... (percentage increase or
decrease) ... over the previous | ||||||
24 | year. | ||||||
25 | The notice for all school districts having a population of | ||||||
26 | less than 500,000 inhabitants shall be published in |
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| |||||||
1 | substantially the following form: | ||||||
2 | Notice of Proposed Tax Increase for (commonly known name of | ||||||
3 | school district). | ||||||
4 | I. A public hearing to approve a proposed property tax levy | ||||||
5 | increase for (legal name of the taxing district) for (year) | ||||||
6 | will be held on (date) at (time) at (location). | ||||||
7 | Any person desiring to appear at the public hearing and | ||||||
8 | present testimony to the taxing district may contact (name, | ||||||
9 | title, address, and telephone number of an appropriate | ||||||
10 | official). | ||||||
11 | II. The corporate and special purpose property taxes | ||||||
12 | extended or abated for (preceding year) were (dollar amount of | ||||||
13 | the final aggregate levy as extended, plus the amount abated by | ||||||
14 | the taxing district prior to extension). | ||||||
15 | The proposed corporate and special purpose property taxes | ||||||
16 | to be levied for (current year) are (dollar amount of the | ||||||
17 | proposed aggregate levy). This represents a (percentage) | ||||||
18 | increase over the previous year. | ||||||
19 | III. The property taxes extended for debt service and | ||||||
20 | public building commission leases for (preceding year) were | ||||||
21 | (dollar amount). | ||||||
22 | The estimated property taxes to be levied for debt service | ||||||
23 | and public building commission leases for (current year) are | ||||||
24 | (dollar amount). This represents a (percentage increase or | ||||||
25 | decrease) over the previous year. | ||||||
26 | IV. The audit completed for fiscal year (previous fiscal |
| |||||||
| |||||||
1 | year) for special education mandates listed a shortfall of | ||||||
2 | (dollar amount of shortfall; $0 if a surplus). The audit | ||||||
3 | completed for that fiscal year for transportation mandates | ||||||
4 | listed a shortfall of (dollar amount of shortfall; $0 if a | ||||||
5 | surplus). The proposed mandate shortfall relief levy for | ||||||
6 | special education mandates for (current year) is (dollar amount | ||||||
7 | not to exceed the amount of the audited shortfall). The | ||||||
8 | proposed mandate shortfall relief levy for transportation | ||||||
9 | mandates for (current year) is (dollar amount not exceed the | ||||||
10 | amount of the audited shortfall). | ||||||
11 | V. The total property taxes extended or abated for | ||||||
12 | (preceding year) were (dollar amount). | ||||||
13 | The estimated total property taxes to be levied for | ||||||
14 | (current year) are (dollar amount). This represents a | ||||||
15 | (percentage increase or decrease) over the previous year.
| ||||||
16 | Any notice which includes any information not specified and | ||||||
17 | required by this
Article shall be an invalid notice.
| ||||||
18 | All hearings shall be open to the public. The corporate | ||||||
19 | authority of the
taxing district shall explain the reasons for | ||||||
20 | the proposed increase and
shall permit persons desiring to be | ||||||
21 | heard an opportunity to present testimony
within reasonable | ||||||
22 | time limits as it determines.
| ||||||
23 | (Source: P.A. 92-382, eff. 8-16-01.)
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24 | (35 ILCS 200/18-185)
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25 | Sec. 18-185. Short title; definitions. This Division 5 may |
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| |||||||
1 | be cited as the
Property Tax Extension Limitation Law. As used | ||||||
2 | in this Division 5:
| ||||||
3 | "Consumer Price Index" means the Consumer Price Index for | ||||||
4 | All Urban
Consumers for all items published by the United | ||||||
5 | States Department of Labor.
| ||||||
6 | "Extension limitation" means (a) the lesser of 5% or the | ||||||
7 | percentage increase
in the Consumer Price Index during the | ||||||
8 | 12-month calendar year preceding the
levy year or (b) the rate | ||||||
9 | of increase approved by voters under Section 18-205.
| ||||||
10 | "Affected county" means a county of 3,000,000 or more | ||||||
11 | inhabitants or a
county contiguous to a county of 3,000,000 or | ||||||
12 | more inhabitants.
| ||||||
13 | "Taxing district" has the same meaning provided in Section | ||||||
14 | 1-150, except as
otherwise provided in this Section. For the | ||||||
15 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||
16 | only each non-home rule taxing district having the
majority of | ||||||
17 | its
1990 equalized assessed value within any county or counties | ||||||
18 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||
19 | Beginning with the 1995 levy
year, "taxing district" includes | ||||||
20 | only each non-home rule taxing district
subject to this Law | ||||||
21 | before the 1995 levy year and each non-home rule
taxing | ||||||
22 | district not subject to this Law before the 1995 levy year | ||||||
23 | having the
majority of its 1994 equalized assessed value in an | ||||||
24 | affected county or
counties. Beginning with the levy year in
| ||||||
25 | which this Law becomes applicable to a taxing district as
| ||||||
26 | provided in Section 18-213, "taxing district" also includes |
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| |||||||
1 | those taxing
districts made subject to this Law as provided in | ||||||
2 | Section 18-213.
| ||||||
3 | "Aggregate extension" for taxing districts to which this | ||||||
4 | Law applied before
the 1995 levy year means the annual | ||||||
5 | corporate extension for the taxing
district and those special | ||||||
6 | purpose extensions that are made annually for
the taxing | ||||||
7 | district, excluding special purpose extensions: (a) made for | ||||||
8 | the
taxing district to pay interest or principal on general | ||||||
9 | obligation bonds
that were approved by referendum; (b) made for | ||||||
10 | any taxing district to pay
interest or principal on general | ||||||
11 | obligation bonds issued before October 1,
1991; (c) made for | ||||||
12 | any taxing district to pay interest or principal on bonds
| ||||||
13 | issued to refund or continue to refund those bonds issued | ||||||
14 | before October 1,
1991; (d)
made for any taxing district to pay | ||||||
15 | interest or principal on bonds
issued to refund or continue to | ||||||
16 | refund bonds issued after October 1, 1991 that
were approved by | ||||||
17 | referendum; (e)
made for any taxing district to pay interest
or | ||||||
18 | principal on revenue bonds issued before October 1, 1991 for | ||||||
19 | payment of
which a property tax levy or the full faith and | ||||||
20 | credit of the unit of local
government is pledged; however, a | ||||||
21 | tax for the payment of interest or principal
on those bonds | ||||||
22 | shall be made only after the governing body of the unit of | ||||||
23 | local
government finds that all other sources for payment are | ||||||
24 | insufficient to make
those payments; (f) made for payments | ||||||
25 | under a building commission lease when
the lease payments are | ||||||
26 | for the retirement of bonds issued by the commission
before |
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1 | October 1, 1991, to pay for the building project; (g) made for | ||||||
2 | payments
due under installment contracts entered into before | ||||||
3 | October 1, 1991;
(h) made for payments of principal and | ||||||
4 | interest on bonds issued under the
Metropolitan Water | ||||||
5 | Reclamation District Act to finance construction projects
| ||||||
6 | initiated before October 1, 1991; (i) made for payments of | ||||||
7 | principal and
interest on limited bonds, as defined in Section | ||||||
8 | 3 of the Local Government Debt
Reform Act, in an amount not to | ||||||
9 | exceed the debt service extension base less
the amount in items | ||||||
10 | (b), (c), (e), and (h) of this definition for
non-referendum | ||||||
11 | obligations, except obligations initially issued pursuant to
| ||||||
12 | referendum; (j) made for payments of principal and interest on | ||||||
13 | bonds
issued under Section 15 of the Local Government Debt | ||||||
14 | Reform Act; (k)
made
by a school district that participates in | ||||||
15 | the Special Education District of
Lake County, created by | ||||||
16 | special education joint agreement under Section
10-22.31 of the | ||||||
17 | School Code, for payment of the school district's share of the
| ||||||
18 | amounts required to be contributed by the Special Education | ||||||
19 | District of Lake
County to the Illinois Municipal Retirement | ||||||
20 | Fund under Article 7 of the
Illinois Pension Code; the amount | ||||||
21 | of any extension under this item (k) shall be
certified by the | ||||||
22 | school district to the county clerk; (l) made to fund
expenses | ||||||
23 | of providing joint recreational programs for the handicapped | ||||||
24 | under
Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
25 | of the Illinois Municipal Code; (m) made for temporary | ||||||
26 | relocation loan repayment purposes pursuant to Sections 2-3.77 |
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| |||||||
1 | and 17-2.2d of the School Code; (n) made for payment of | ||||||
2 | principal and interest on any bonds issued under the authority | ||||||
3 | of Section 17-2.2d of the School Code; and (o) made for | ||||||
4 | contributions to a firefighter's pension fund created under | ||||||
5 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
6 | amount certified under item (5) of Section 4-134 of the | ||||||
7 | Illinois Pension Code ; and (p) made for mandate shortfall | ||||||
8 | relief under the Section 17-9.03 of the School Code .
| ||||||
9 | "Aggregate extension" for the taxing districts to which | ||||||
10 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
11 | districts subject to this Law
in
accordance with Section | ||||||
12 | 18-213) means the annual corporate extension for the
taxing | ||||||
13 | district and those special purpose extensions that are made | ||||||
14 | annually for
the taxing district, excluding special purpose | ||||||
15 | extensions: (a) made for the
taxing district to pay interest or | ||||||
16 | principal on general obligation bonds that
were approved by | ||||||
17 | referendum; (b) made for any taxing district to pay interest
or | ||||||
18 | principal on general obligation bonds issued before March 1, | ||||||
19 | 1995; (c) made
for any taxing district to pay interest or | ||||||
20 | principal on bonds issued to refund
or continue to refund those | ||||||
21 | bonds issued before March 1, 1995; (d) made for any
taxing | ||||||
22 | district to pay interest or principal on bonds issued to refund | ||||||
23 | or
continue to refund bonds issued after March 1, 1995 that | ||||||
24 | were approved by
referendum; (e) made for any taxing district | ||||||
25 | to pay interest or principal on
revenue bonds issued before | ||||||
26 | March 1, 1995 for payment of which a property tax
levy or the |
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1 | full faith and credit of the unit of local government is | ||||||
2 | pledged;
however, a tax for the payment of interest or | ||||||
3 | principal on those bonds shall be
made only after the governing | ||||||
4 | body of the unit of local government finds that
all other | ||||||
5 | sources for payment are insufficient to make those payments; | ||||||
6 | (f) made
for payments under a building commission lease when | ||||||
7 | the lease payments are for
the retirement of bonds issued by | ||||||
8 | the commission before March 1, 1995 to
pay for the building | ||||||
9 | project; (g) made for payments due under installment
contracts | ||||||
10 | entered into before March 1, 1995; (h) made for payments of
| ||||||
11 | principal and interest on bonds issued under the Metropolitan | ||||||
12 | Water Reclamation
District Act to finance construction | ||||||
13 | projects initiated before October 1,
1991; (h-4) made for | ||||||
14 | stormwater management purposes by the Metropolitan Water | ||||||
15 | Reclamation District of Greater Chicago under Section 12 of the | ||||||
16 | Metropolitan Water Reclamation District Act; (i) made for | ||||||
17 | payments of principal and interest on limited bonds,
as defined | ||||||
18 | in Section 3 of the Local Government Debt Reform Act, in an | ||||||
19 | amount
not to exceed the debt service extension base less the | ||||||
20 | amount in items (b),
(c), and (e) of this definition for | ||||||
21 | non-referendum obligations, except
obligations initially | ||||||
22 | issued pursuant to referendum and bonds described in
subsection | ||||||
23 | (h) of this definition; (j) made for payments of
principal and | ||||||
24 | interest on bonds issued under Section 15 of the Local | ||||||
25 | Government
Debt Reform Act; (k) made for payments of principal | ||||||
26 | and interest on bonds
authorized by Public Act 88-503 and |
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| |||||||
1 | issued under Section 20a of the Chicago
Park District Act for | ||||||
2 | aquarium or
museum projects; (l) made for payments of principal | ||||||
3 | and interest on
bonds
authorized by Public Act 87-1191 or | ||||||
4 | 93-601 and (i) issued pursuant to Section 21.2 of the Cook | ||||||
5 | County Forest
Preserve District Act, (ii) issued under Section | ||||||
6 | 42 of the Cook County
Forest Preserve District Act for | ||||||
7 | zoological park projects, or (iii) issued
under Section 44.1 of | ||||||
8 | the Cook County Forest Preserve District Act for
botanical | ||||||
9 | gardens projects; (m) made
pursuant
to Section 34-53.5 of the | ||||||
10 | School Code, whether levied annually or not;
(n) made to fund | ||||||
11 | expenses of providing joint recreational programs for the
| ||||||
12 | handicapped under Section 5-8 of the Park
District Code or | ||||||
13 | Section 11-95-14 of the Illinois Municipal Code;
(o) made by | ||||||
14 | the
Chicago Park
District for recreational programs for the | ||||||
15 | handicapped under subsection (c) of
Section
7.06 of the Chicago | ||||||
16 | Park District Act; (p) made for contributions to a | ||||||
17 | firefighter's pension fund created under Article 4 of the | ||||||
18 | Illinois Pension Code, to the extent of the amount certified | ||||||
19 | under item (5) of Section 4-134 of the Illinois Pension Code ; | ||||||
20 | (q) made by Ford Heights School District 169 under Section | ||||||
21 | 17-9.02 of the School Code ; and (r) made for mandate shortfall | ||||||
22 | relief under Section 17-9.03 of the School Code .
| ||||||
23 | "Aggregate extension" for all taxing districts to which | ||||||
24 | this Law applies in
accordance with Section 18-213, except for | ||||||
25 | those taxing districts subject to
paragraph (2) of subsection | ||||||
26 | (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 date on which the
referendum making this
Law applicable to | ||||||
8 | the taxing district is held; (c) made
for any taxing district | ||||||
9 | to pay interest or principal on bonds issued to refund
or | ||||||
10 | continue to refund those bonds issued before the date on which | ||||||
11 | the
referendum making this Law
applicable to the taxing | ||||||
12 | district is held;
(d) made for any
taxing district to pay | ||||||
13 | interest or principal on bonds issued to refund or
continue to | ||||||
14 | refund bonds issued after the date on which the referendum | ||||||
15 | making
this Law
applicable to the taxing district is held if | ||||||
16 | the bonds were approved by
referendum after the date on which | ||||||
17 | the referendum making this Law
applicable to the taxing | ||||||
18 | district is held; (e) made for any
taxing district to pay | ||||||
19 | interest or principal on
revenue bonds issued before the date | ||||||
20 | on which the referendum making this Law
applicable to the
| ||||||
21 | taxing district is held for payment of which a property tax
| ||||||
22 | levy or the full faith and credit of the unit of local | ||||||
23 | government is pledged;
however, a tax for the payment of | ||||||
24 | interest or principal on those bonds shall be
made only after | ||||||
25 | the governing body of the unit of local government finds that
| ||||||
26 | all other sources for payment are insufficient to make those |
| |||||||
| |||||||
1 | payments; (f) made
for payments under a building commission | ||||||
2 | lease when the lease payments are for
the retirement of bonds | ||||||
3 | issued by the commission before the date on which the
| ||||||
4 | referendum making this
Law applicable to the taxing district is | ||||||
5 | held to
pay for the building project; (g) made for payments due | ||||||
6 | under installment
contracts entered into before the date on | ||||||
7 | which the referendum making this Law
applicable to
the taxing | ||||||
8 | district is held;
(h) made for payments
of principal and | ||||||
9 | interest on limited bonds,
as defined in Section 3 of the Local | ||||||
10 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
11 | service extension base less the amount in items (b),
(c), and | ||||||
12 | (e) of this definition for non-referendum obligations, except
| ||||||
13 | obligations initially issued pursuant to referendum; (i) made | ||||||
14 | for payments
of
principal and interest on bonds issued under | ||||||
15 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
16 | for a qualified airport authority to pay interest or principal | ||||||
17 | on
general obligation bonds issued for the purpose of paying | ||||||
18 | obligations due
under, or financing airport facilities | ||||||
19 | required to be acquired, constructed,
installed or equipped | ||||||
20 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
21 | not including any amendments to such a contract taking effect | ||||||
22 | on
or after that date); (k) made to fund expenses of providing | ||||||
23 | joint
recreational programs for the handicapped under Section | ||||||
24 | 5-8 of
the
Park District Code or Section 11-95-14 of the | ||||||
25 | Illinois Municipal Code; and (l) made for contributions to a | ||||||
26 | firefighter's pension fund created under Article 4 of the |
| |||||||
| |||||||
1 | Illinois Pension Code, to the extent of the amount certified | ||||||
2 | under item (5) of Section 4-134 of the Illinois Pension Code ; | ||||||
3 | and (m) made for mandate shortfall relief under Section 17-9.03 | ||||||
4 | of the School Code .
| ||||||
5 | "Aggregate extension" for all taxing districts to which | ||||||
6 | this Law applies in
accordance with paragraph (2) of subsection | ||||||
7 | (e) of Section 18-213 means the
annual corporate extension for | ||||||
8 | the
taxing district and those special purpose extensions that | ||||||
9 | are made annually for
the taxing district, excluding special | ||||||
10 | purpose extensions: (a) made for the
taxing district to pay | ||||||
11 | interest or principal on general obligation bonds that
were | ||||||
12 | approved by referendum; (b) made for any taxing district to pay | ||||||
13 | interest
or principal on general obligation bonds issued before | ||||||
14 | the effective date of
this amendatory Act of 1997;
(c) made
for | ||||||
15 | any taxing district to pay interest or principal on bonds | ||||||
16 | issued to refund
or continue to refund those bonds issued | ||||||
17 | before the effective date
of this amendatory Act of 1997;
(d) | ||||||
18 | made for any
taxing district to pay interest or principal on | ||||||
19 | bonds issued to refund or
continue to refund bonds issued after | ||||||
20 | the effective date of this amendatory Act
of 1997 if the bonds | ||||||
21 | were approved by referendum after the effective date of
this | ||||||
22 | amendatory Act of 1997;
(e) made for any
taxing district to pay | ||||||
23 | interest or principal on
revenue bonds issued before the | ||||||
24 | effective date of this amendatory Act of 1997
for payment of | ||||||
25 | which a property tax
levy or the full faith and credit of the | ||||||
26 | unit of local government is pledged;
however, a tax for the |
| |||||||
| |||||||
1 | payment of interest or principal on those bonds shall be
made | ||||||
2 | only after the governing body of the unit of local government | ||||||
3 | finds that
all other sources for payment are insufficient to | ||||||
4 | make those payments; (f) made
for payments under a building | ||||||
5 | commission lease when the lease payments are for
the retirement | ||||||
6 | of bonds issued by the commission before the effective date
of | ||||||
7 | this amendatory Act of 1997
to
pay for the building project; | ||||||
8 | (g) made for payments due under installment
contracts entered | ||||||
9 | into before the effective date of this amendatory Act of
1997;
| ||||||
10 | (h) made for payments
of principal and interest on limited | ||||||
11 | bonds,
as defined in Section 3 of the Local Government Debt | ||||||
12 | Reform Act, in an amount
not to exceed the debt service | ||||||
13 | extension base less the amount in items (b),
(c), and (e) of | ||||||
14 | this definition for non-referendum obligations, except
| ||||||
15 | obligations initially issued pursuant to referendum; (i) made | ||||||
16 | for payments
of
principal and interest on bonds issued under | ||||||
17 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
18 | for a qualified airport authority to pay interest or principal | ||||||
19 | on
general obligation bonds issued for the purpose of paying | ||||||
20 | obligations due
under, or financing airport facilities | ||||||
21 | required to be acquired, constructed,
installed or equipped | ||||||
22 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
23 | not including any amendments to such a contract taking effect | ||||||
24 | on
or after that date); (k) made to fund expenses of providing | ||||||
25 | joint
recreational programs for the handicapped under Section | ||||||
26 | 5-8 of
the
Park District Code or Section 11-95-14 of the |
| |||||||
| |||||||
1 | Illinois Municipal Code; and (l) made for contributions to a | ||||||
2 | firefighter's pension fund created under Article 4 of the | ||||||
3 | Illinois Pension Code, to the extent of the amount certified | ||||||
4 | under item (5) of Section 4-134 of the Illinois Pension Code ; | ||||||
5 | and (m) made for mandate shortfall relief under Section 17-9.03 | ||||||
6 | of the School Code .
| ||||||
7 | "Debt service extension base" means , for taxing districts | ||||||
8 | except school districts having a population of less than | ||||||
9 | 500,000 inhabitants, an amount equal to that portion of the
| ||||||
10 | extension for a taxing district for the 1994 levy year, or for | ||||||
11 | those taxing
districts subject to this Law in accordance with | ||||||
12 | Section 18-213, except for
those subject to paragraph (2) of | ||||||
13 | subsection (e) of Section 18-213, for the
levy
year in which | ||||||
14 | the referendum making this Law applicable to the taxing | ||||||
15 | district
is held, or for those taxing districts subject to this | ||||||
16 | Law in accordance with
paragraph (2) of subsection (e) of | ||||||
17 | Section 18-213 for the 1996 levy year,
constituting an
| ||||||
18 | extension for payment of principal and interest on bonds issued | ||||||
19 | by the taxing
district without referendum, but not including | ||||||
20 | excluded non-referendum bonds. For park districts (i) that were | ||||||
21 | first
subject to this Law in 1991 or 1995 and (ii) whose | ||||||
22 | extension for the 1994 levy
year for the payment of principal | ||||||
23 | and interest on bonds issued by the park
district without | ||||||
24 | referendum (but not including excluded non-referendum bonds)
| ||||||
25 | was less than 51% of the amount for the 1991 levy year | ||||||
26 | constituting an
extension for payment of principal and interest |
| |||||||
| |||||||
1 | on bonds issued by the park
district without referendum (but | ||||||
2 | not including excluded non-referendum bonds),
"debt service | ||||||
3 | extension base" means an amount equal to that portion of the
| ||||||
4 | extension for the 1991 levy year constituting an extension for | ||||||
5 | payment of
principal and interest on bonds issued by the park | ||||||
6 | district without referendum
(but not including excluded | ||||||
7 | non-referendum bonds). The debt service extension
base may be | ||||||
8 | established or increased as provided under Section 18-212.
| ||||||
9 | "Excluded non-referendum bonds" means (i) bonds authorized by | ||||||
10 | Public
Act 88-503 and issued under Section 20a of the Chicago | ||||||
11 | Park District Act for
aquarium and museum projects; (ii) bonds | ||||||
12 | issued under Section 15 of the
Local Government Debt Reform | ||||||
13 | Act; or (iii) refunding obligations issued
to refund or to | ||||||
14 | continue to refund obligations initially issued pursuant to
| ||||||
15 | referendum.
| ||||||
16 | "Debt service extension base" means, for school districts | ||||||
17 | having a population of less than 500,000 inhabitants, an amount | ||||||
18 | equal to 33% of the school district's currently applicable debt | ||||||
19 | limitation pursuant to Section 19-1 of the School Code.
| ||||||
20 | "Special purpose extensions" include, but are not limited | ||||||
21 | to, extensions
for levies made on an annual basis for | ||||||
22 | unemployment and workers'
compensation, self-insurance, | ||||||
23 | contributions to pension plans, and extensions
made pursuant to | ||||||
24 | Section 6-601 of the Illinois Highway Code for a road
| ||||||
25 | district's permanent road fund whether levied annually or not. | ||||||
26 | The
extension for a special service area is not included in the
|
| |||||||
| |||||||
1 | aggregate extension.
| ||||||
2 | "Aggregate extension base" means the taxing district's | ||||||
3 | last preceding
aggregate extension as adjusted under Sections | ||||||
4 | 18-215
through 18-230.
| ||||||
5 | "Levy year" has the same meaning as "year" under Section
| ||||||
6 | 1-155.
| ||||||
7 | "New property" means (i) the assessed value, after final | ||||||
8 | board of review or
board of appeals action, of new improvements | ||||||
9 | or additions to existing
improvements on any parcel of real | ||||||
10 | property that increase the assessed value of
that real property | ||||||
11 | during the levy year multiplied by the equalization factor
| ||||||
12 | issued by the Department under Section 17-30, (ii) the assessed | ||||||
13 | value, after
final board of review or board of appeals action, | ||||||
14 | of real property not exempt
from real estate taxation, which | ||||||
15 | real property was exempt from real estate
taxation for any | ||||||
16 | portion of the immediately preceding levy year, multiplied by
| ||||||
17 | the equalization factor issued by the Department under Section | ||||||
18 | 17-30, including the assessed value, upon final stabilization | ||||||
19 | of occupancy after new construction is complete, of any real | ||||||
20 | property located within the boundaries of an otherwise or | ||||||
21 | previously exempt military reservation that is intended for | ||||||
22 | residential use and owned by or leased to a private corporation | ||||||
23 | or other entity, and
(iii) in counties that classify in | ||||||
24 | accordance with Section 4 of Article
IX of the
Illinois | ||||||
25 | Constitution, an incentive property's additional assessed | ||||||
26 | value
resulting from a
scheduled increase in the level of |
| |||||||
| |||||||
1 | assessment as applied to the first year
final board of
review | ||||||
2 | market value.
In addition, the county clerk in a county | ||||||
3 | containing a population of
3,000,000 or more shall include in | ||||||
4 | the 1997
recovered tax increment value for any school district, | ||||||
5 | any recovered tax
increment value that was applicable to the | ||||||
6 | 1995 tax year calculations.
| ||||||
7 | "Qualified airport authority" means an airport authority | ||||||
8 | organized under
the Airport Authorities Act and located in a | ||||||
9 | county bordering on the State of
Wisconsin and having a | ||||||
10 | population in excess of 200,000 and not greater than
500,000.
| ||||||
11 | "Recovered tax increment value" means, except as otherwise | ||||||
12 | provided in this
paragraph, the amount of the current year's | ||||||
13 | equalized assessed value, in the
first year after a | ||||||
14 | municipality terminates
the designation of an area as a | ||||||
15 | redevelopment project area previously
established under the | ||||||
16 | Tax Increment Allocation Development Act in the Illinois
| ||||||
17 | Municipal Code, previously established under the Industrial | ||||||
18 | Jobs Recovery Law
in the Illinois Municipal Code, or previously | ||||||
19 | established under the Economic
Development Area Tax Increment | ||||||
20 | Allocation Act, of each taxable lot, block,
tract, or parcel of | ||||||
21 | real property in the redevelopment project area over and
above | ||||||
22 | the initial equalized assessed value of each property in the
| ||||||
23 | redevelopment project area.
For the taxes which are extended | ||||||
24 | for the 1997 levy year, the recovered tax
increment value for a | ||||||
25 | non-home rule taxing district that first became subject
to this | ||||||
26 | Law for the 1995 levy year because a majority of its 1994 |
| |||||||
| |||||||
1 | equalized
assessed value was in an affected county or counties | ||||||
2 | shall be increased if a
municipality terminated the designation | ||||||
3 | of an area in 1993 as a redevelopment
project area previously | ||||||
4 | established under the Tax Increment Allocation
Development Act | ||||||
5 | in the Illinois Municipal Code, previously established under
| ||||||
6 | the Industrial Jobs Recovery Law in the Illinois Municipal | ||||||
7 | Code, or previously
established under the Economic Development | ||||||
8 | Area Tax Increment Allocation Act,
by an amount equal to the | ||||||
9 | 1994 equalized assessed value of each taxable lot,
block, | ||||||
10 | tract, or parcel of real property in the redevelopment project | ||||||
11 | area over
and above the initial equalized assessed value of | ||||||
12 | each property in the
redevelopment project area.
In the first | ||||||
13 | year after a municipality
removes a taxable lot, block, tract, | ||||||
14 | or parcel of real property from a
redevelopment project area | ||||||
15 | established under the Tax Increment Allocation
Development Act | ||||||
16 | in the Illinois
Municipal Code, the Industrial Jobs Recovery | ||||||
17 | Law
in the Illinois Municipal Code, or the Economic
Development | ||||||
18 | Area Tax Increment Allocation Act, "recovered tax increment | ||||||
19 | value"
means the amount of the current year's equalized | ||||||
20 | assessed value of each taxable
lot, block, tract, or parcel of | ||||||
21 | real property removed from the redevelopment
project area over | ||||||
22 | and above the initial equalized assessed value of that real
| ||||||
23 | property before removal from the redevelopment project area.
| ||||||
24 | Except as otherwise provided in this Section, "limiting | ||||||
25 | rate" means a
fraction the numerator of which is the last
| ||||||
26 | preceding aggregate extension base times an amount equal to one |
| |||||||
| |||||||
1 | plus the
extension limitation defined in this Section and the | ||||||
2 | denominator of which
is the current year's equalized assessed | ||||||
3 | value of all real property in the
territory under the | ||||||
4 | jurisdiction of the taxing district during the prior
levy year. | ||||||
5 | For those taxing districts that reduced their aggregate
| ||||||
6 | extension for the last preceding levy year, the highest | ||||||
7 | aggregate extension
in any of the last 3 preceding levy years | ||||||
8 | shall be used for the purpose of
computing the limiting rate. | ||||||
9 | The denominator shall not include new
property or the recovered | ||||||
10 | tax increment
value.
If a new rate, a rate decrease, or a | ||||||
11 | limiting rate increase has been approved at an election held | ||||||
12 | after March 21, 2006, then (i) the otherwise applicable | ||||||
13 | limiting rate shall be increased by the amount of the new rate | ||||||
14 | or shall be reduced by the amount of the rate decrease, as the | ||||||
15 | case may be, or (ii) in the case of a limiting rate increase, | ||||||
16 | the limiting rate shall be equal to the rate set forth
in the | ||||||
17 | proposition approved by the voters for each of the years | ||||||
18 | specified in the proposition, after
which the limiting rate of | ||||||
19 | the taxing district shall be calculated as otherwise provided.
| ||||||
20 | (Source: P.A. 93-601, eff. 1-1-04; 93-606, eff. 11-18-03; | ||||||
21 | 93-612, eff. 11-18-03; 93-689, eff. 7-1-04; 93-690, eff. | ||||||
22 | 7-1-04; 93-1049, eff. 11-17-04; 94-974, eff. 6-30-06; 94-976, | ||||||
23 | eff. 6-30-06; 94-1078, eff. 1-9-07; revised 1-11-07.)
| ||||||
24 | Section 10. The School Code is amended by adding Sections | ||||||
25 | 2-3.29 and 17-9.03 and changing Section 3-15.1 as follows: |
| |||||||
| |||||||
1 | (105 ILCS 5/2-3.29 new)
| ||||||
2 | Sec. 2-3.29. Mandate shortfall audit. To require to be | ||||||
3 | included in the annual financial statement of each school | ||||||
4 | district having a population of less than 500,000 inhabitants, | ||||||
5 | under Section 3-15.1 of this Code, a report showing the | ||||||
6 | receipts and disbursements for special educational purposes | ||||||
7 | and for transportation purposes, including the balance of those | ||||||
8 | funds. Each statement must show an amount for each fund | ||||||
9 | reflecting the extent to which disbursements for that purpose | ||||||
10 | exceeded receipts for that purpose, those receipts excluding | ||||||
11 | any transfers from other school district funds and revenues | ||||||
12 | raised from any taxes levied pursuant to Section 17-9.03 of | ||||||
13 | this Code. Such amount in either fund shall be considered a | ||||||
14 | mandate shortfall for the audited year and shall be the basis | ||||||
15 | for a mandate shortfall relief levy in the next occurring | ||||||
16 | school district levy, subject to Section 17-9.03 of this Code. | ||||||
17 | The State Board of Education may adopt any rules necessary and | ||||||
18 | consistent with this Section to implement the provisions of | ||||||
19 | this Section.
| ||||||
20 | (105 ILCS 5/3-15.1) (from Ch. 122, par. 3-15.1)
| ||||||
21 | Sec. 3-15.1. Reports. To require the appointed school | ||||||
22 | treasurer in Class
II counties, in each school district which | ||||||
23 | forms a part of a Class II
county school unit but which is not | ||||||
24 | subject to the jurisdiction of the
trustees of schools of any |
| |||||||
| |||||||
1 | township in which such district is located, and
in each school | ||||||
2 | district of the Class I counties to prepare and forward to
his | ||||||
3 | office on or before October 15, annually, and at such other | ||||||
4 | times as
may be required by him or by the State Board of | ||||||
5 | Education a statement
exhibiting the financial condition of the | ||||||
6 | school for the preceding year
commencing on July 1 and ending | ||||||
7 | June 30.
| ||||||
8 | In Class I county school units, and in each school district | ||||||
9 | which forms
a part of a Class II county school unit but which | ||||||
10 | is not subject to the
jurisdiction of the trustees of schools | ||||||
11 | of any township in
which such school district is located, the | ||||||
12 | statement shall in the case of
districts on the accrual basis | ||||||
13 | show the assets, liabilities and fund
balance of the funds as | ||||||
14 | of the end of the fiscal year. The statement
shall show the | ||||||
15 | operation of the funds for the fiscal year with a
| ||||||
16 | reconciliation and analysis of changes in the funds at the end | ||||||
17 | of the
period. For districts on a cash basis the statement | ||||||
18 | shall show the
receipts and disbursements by funds including | ||||||
19 | the source of receipts and
purpose for which the disbursements | ||||||
20 | were made together with the balance
at the end of the fiscal | ||||||
21 | year. Each school district that is the
administrator of a joint | ||||||
22 | agreement shall cause an Annual Financial
Statement to be | ||||||
23 | submitted on forms prescribed by the State Board of
Education | ||||||
24 | exhibiting the financial condition of the program established
| ||||||
25 | pursuant to the joint agreement, for the fiscal year ending on | ||||||
26 | the
immediately preceding June 30.
|
| |||||||
| |||||||
1 | The regional superintendent shall send all required | ||||||
2 | reports to the
State Board of Education on or before November | ||||||
3 | 15, annually.
| ||||||
4 | For all districts the statements shall show bonded debt, | ||||||
5 | tax
warrants, taxes received and receivable by funds and such | ||||||
6 | other
information as may be required by the State Board of | ||||||
7 | Education.
The statements shall also show special education | ||||||
8 | mandate and transportation mandate shortfalls and other | ||||||
9 | information required under Section 2-3.29 of this Code. Any
| ||||||
10 | district from which such report is not so received when
| ||||||
11 | required shall have its portion of the distributive fund | ||||||
12 | withheld for
the next ensuing year until such report is filed.
| ||||||
13 | If a district is divided by a county line or lines the | ||||||
14 | foregoing
required statement shall be forwarded to the regional | ||||||
15 | superintendent of
schools having supervision and control of the | ||||||
16 | district.
| ||||||
17 | (Source: P.A. 86-1441; 87-473.)
| ||||||
18 | (105 ILCS 5/17-9.03 new)
| ||||||
19 | Sec. 17-9.03. Mandate shortfall relief levy. | ||||||
20 | (a) The school board of any district having a population of | ||||||
21 | less than 500,000 inhabitants may, by proper resolution,
levy | ||||||
22 | an annual tax, to be known as the mandate shortfall relief levy | ||||||
23 | for special education mandates, upon the value of the taxable | ||||||
24 | property within the district's territory, as equalized or | ||||||
25 | assessed by the Department of Revenue, at a rate that will |
| |||||||
| |||||||
1 | produce a sum sufficient to offset the mandate shortfall for | ||||||
2 | the most recently audited year for special education mandates, | ||||||
3 | as determined pursuant to Section 2-3.29 of this Code and | ||||||
4 | reported in the district's annual financial report. The revenue | ||||||
5 | raised by this tax shall be used only for the same special | ||||||
6 | education purposes for which revenues raised by the tax | ||||||
7 | authorized under Section 17-2.2a of this Code may be used. | ||||||
8 | (b) The school board of any district having a population of | ||||||
9 | less than 500,000 inhabitants may, by proper resolution, levy | ||||||
10 | an annual tax to be known as the mandate shortfall relief levy | ||||||
11 | for transportation mandates, upon the value of the taxable | ||||||
12 | property within the district's territory, as equalized or | ||||||
13 | assessed by the Department of Revenue, at a rate that will | ||||||
14 | produce a sum sufficient to offset the mandate shortfall for | ||||||
15 | the most recently audited year for transportation mandates, as | ||||||
16 | determined pursuant to Section
2-3.29 of this Code and reported | ||||||
17 | in the district's annual financial report. The revenue raised | ||||||
18 | by the tax shall be used only for the same transportation | ||||||
19 | purposes for which revenues raised by the transportation tax | ||||||
20 | authorized under subdivision (5) of Section 17-2 of this Code | ||||||
21 | may be used.
| ||||||
22 | Section 99. Effective date. This Act takes effect upon | ||||||
23 | becoming law.
|