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1 | | AN ACT concerning transportation.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Property Tax Code is amended by changing |
5 | | Section 18-185 as follows: |
6 | | (35 ILCS 200/18-185)
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7 | | Sec. 18-185. Short title; definitions. This Division 5 may |
8 | | be cited as the
Property Tax Extension Limitation Law. As used |
9 | | in this Division 5:
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10 | | "Consumer Price Index" means the Consumer Price Index for |
11 | | All Urban
Consumers for all items published by the United |
12 | | States Department of Labor.
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13 | | "Extension limitation" means (a) the lesser of 5% or the |
14 | | percentage increase
in the Consumer Price Index during the |
15 | | 12-month calendar year preceding the
levy year or (b) the rate |
16 | | of increase approved by voters under Section 18-205.
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17 | | "Affected county" means a county of 3,000,000 or more |
18 | | inhabitants or a
county contiguous to a county of 3,000,000 or |
19 | | more inhabitants.
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20 | | "Taxing district" has the same meaning provided in Section |
21 | | 1-150, except as
otherwise provided in this Section. For the |
22 | | 1991 through 1994 levy years only,
"taxing district" includes |
23 | | only each non-home rule taxing district having the
majority of |
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1 | | its
1990 equalized assessed value within any county or counties |
2 | | contiguous to a
county with 3,000,000 or more inhabitants. |
3 | | Beginning with the 1995 levy
year, "taxing district" includes |
4 | | only each non-home rule taxing district
subject to this Law |
5 | | before the 1995 levy year and each non-home rule
taxing |
6 | | district not subject to this Law before the 1995 levy year |
7 | | having the
majority of its 1994 equalized assessed value in an |
8 | | affected county or
counties. Beginning with the levy year in
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9 | | which this Law becomes applicable to a taxing district as
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10 | | provided in Section 18-213, "taxing district" also includes |
11 | | those taxing
districts made subject to this Law as provided in |
12 | | Section 18-213.
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13 | | "Aggregate extension" for taxing districts to which this |
14 | | Law applied before
the 1995 levy year means the annual |
15 | | corporate extension for the taxing
district and those special |
16 | | purpose extensions that are made annually for
the taxing |
17 | | district, excluding special purpose extensions: (a) made for |
18 | | the
taxing district to pay interest or principal on general |
19 | | obligation bonds
that were approved by referendum; (b) made for |
20 | | any taxing district to pay
interest or principal on general |
21 | | obligation bonds issued before October 1,
1991; (c) made for |
22 | | any taxing district to pay interest or principal on bonds
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23 | | issued to refund or continue to refund those bonds issued |
24 | | before October 1,
1991; (d)
made for any taxing district to pay |
25 | | interest or principal on bonds
issued to refund or continue to |
26 | | refund bonds issued after October 1, 1991 that
were approved by |
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1 | | referendum; (e)
made for any taxing district to pay interest
or |
2 | | principal on revenue bonds issued before October 1, 1991 for |
3 | | payment of
which a property tax levy or the full faith and |
4 | | credit of the unit of local
government is pledged; however, a |
5 | | tax for the payment of interest or principal
on those bonds |
6 | | shall be made only after the governing body of the unit of |
7 | | local
government finds that all other sources for payment are |
8 | | insufficient to make
those payments; (f) made for payments |
9 | | under a building commission lease when
the lease payments are |
10 | | for the retirement of bonds issued by the commission
before |
11 | | October 1, 1991, to pay for the building project; (g) made for |
12 | | payments
due under installment contracts entered into before |
13 | | October 1, 1991;
(h) made for payments of principal and |
14 | | interest on bonds issued under the
Metropolitan Water |
15 | | Reclamation District Act to finance construction projects
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16 | | initiated before October 1, 1991; (i) made for payments of |
17 | | principal and
interest on limited bonds, as defined in Section |
18 | | 3 of the Local Government Debt
Reform Act, in an amount not to |
19 | | exceed the debt service extension base less
the amount in items |
20 | | (b), (c), (e), and (h) of this definition for
non-referendum |
21 | | obligations, except obligations initially issued pursuant to
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22 | | referendum; (j) made for payments of principal and interest on |
23 | | bonds
issued under Section 15 of the Local Government Debt |
24 | | Reform Act; (k)
made
by a school district that participates in |
25 | | the Special Education District of
Lake County, created by |
26 | | special education joint agreement under Section
10-22.31 of the |
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1 | | School Code, for payment of the school district's share of the
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2 | | amounts required to be contributed by the Special Education |
3 | | District of Lake
County to the Illinois Municipal Retirement |
4 | | Fund under Article 7 of the
Illinois Pension Code; the amount |
5 | | of any extension under this item (k) shall be
certified by the |
6 | | school district to the county clerk; (l) made to fund
expenses |
7 | | of providing joint recreational programs for the handicapped |
8 | | under
Section 5-8 of
the
Park District Code or Section 11-95-14 |
9 | | of the Illinois Municipal Code; (m) made for temporary |
10 | | relocation loan repayment purposes pursuant to Sections 2-3.77 |
11 | | and 17-2.2d of the School Code; (n) made for payment of |
12 | | principal and interest on any bonds issued under the authority |
13 | | of Section 17-2.2d of the School Code; and (o) made for |
14 | | contributions to a firefighter's pension fund created under |
15 | | Article 4 of the Illinois Pension Code, to the extent of the |
16 | | amount certified under item (5) of Section 4-134 of the |
17 | | Illinois Pension Code ; and (p) made for road purposes in the |
18 | | first year after a township assumes the rights, powers, duties, |
19 | | assets, property, liabilities, obligations, and
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20 | | responsibilities of a road district abolished under the |
21 | | provisions of Section 6-133 of the Illinois Highway Code .
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22 | | "Aggregate extension" for the taxing districts to which |
23 | | this Law did not
apply before the 1995 levy year (except taxing |
24 | | districts subject to this Law
in
accordance with Section |
25 | | 18-213) means the annual corporate extension for the
taxing |
26 | | district and those special purpose extensions that are made |
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1 | | annually for
the taxing district, excluding special purpose |
2 | | extensions: (a) made for the
taxing district to pay interest or |
3 | | principal on general obligation bonds that
were approved by |
4 | | referendum; (b) made for any taxing district to pay interest
or |
5 | | principal on general obligation bonds issued before March 1, |
6 | | 1995; (c) made
for any taxing district to pay interest or |
7 | | principal on bonds issued to refund
or continue to refund those |
8 | | bonds issued before March 1, 1995; (d) made for any
taxing |
9 | | district to pay interest or principal on bonds issued to refund |
10 | | or
continue to refund bonds issued after March 1, 1995 that |
11 | | were approved by
referendum; (e) made for any taxing district |
12 | | to pay interest or principal on
revenue bonds issued before |
13 | | March 1, 1995 for payment of which a property tax
levy or the |
14 | | full faith and credit of the unit of local government is |
15 | | pledged;
however, a tax for the payment of interest or |
16 | | principal on those bonds shall be
made only after the governing |
17 | | body of the unit of local government finds that
all other |
18 | | sources for payment are insufficient to make those payments; |
19 | | (f) made
for payments under a building commission lease when |
20 | | the lease payments are for
the retirement of bonds issued by |
21 | | the commission before March 1, 1995 to
pay for the building |
22 | | project; (g) made for payments due under installment
contracts |
23 | | entered into before March 1, 1995; (h) made for payments of
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24 | | principal and interest on bonds issued under the Metropolitan |
25 | | Water Reclamation
District Act to finance construction |
26 | | projects initiated before October 1,
1991; (h-4) made for |
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1 | | stormwater management purposes by the Metropolitan Water |
2 | | Reclamation District of Greater Chicago under Section 12 of the |
3 | | Metropolitan Water Reclamation District Act; (i) made for |
4 | | payments of principal and interest on limited bonds,
as defined |
5 | | in Section 3 of the Local Government Debt Reform Act, in an |
6 | | amount
not to exceed the debt service extension base less the |
7 | | amount in items (b),
(c), and (e) of this definition for |
8 | | non-referendum obligations, except
obligations initially |
9 | | issued pursuant to referendum and bonds described in
subsection |
10 | | (h) of this definition; (j) made for payments of
principal and |
11 | | interest on bonds issued under Section 15 of the Local |
12 | | Government
Debt Reform Act; (k) made for payments of principal |
13 | | and interest on bonds
authorized by Public Act 88-503 and |
14 | | issued under Section 20a of the Chicago
Park District Act for |
15 | | aquarium or
museum projects; (l) made for payments of principal |
16 | | and interest on
bonds
authorized by Public Act 87-1191 or |
17 | | 93-601 and (i) issued pursuant to Section 21.2 of the Cook |
18 | | County Forest
Preserve District Act, (ii) issued under Section |
19 | | 42 of the Cook County
Forest Preserve District Act for |
20 | | zoological park projects, or (iii) issued
under Section 44.1 of |
21 | | the Cook County Forest Preserve District Act for
botanical |
22 | | gardens projects; (m) made
pursuant
to Section 34-53.5 of the |
23 | | School Code, whether levied annually or not;
(n) made to fund |
24 | | expenses of providing joint recreational programs for the
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25 | | handicapped under Section 5-8 of the Park
District Code or |
26 | | Section 11-95-14 of the Illinois Municipal Code;
(o) made by |
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1 | | the
Chicago Park
District for recreational programs for the |
2 | | handicapped under subsection (c) of
Section
7.06 of the Chicago |
3 | | Park District Act; (p) made for contributions to a |
4 | | firefighter's pension fund created under Article 4 of the |
5 | | Illinois Pension Code, to the extent of the amount certified |
6 | | under item (5) of Section 4-134 of the Illinois Pension Code; |
7 | | and (q) made by Ford Heights School District 169 under Section |
8 | | 17-9.02 of the School Code.
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9 | | "Aggregate extension" for all taxing districts to which |
10 | | this Law applies in
accordance with Section 18-213, except for |
11 | | those taxing districts subject to
paragraph (2) of subsection |
12 | | (e) of Section 18-213, means the annual corporate
extension for |
13 | | the
taxing district and those special purpose extensions that |
14 | | are made annually for
the taxing district, excluding special |
15 | | purpose extensions: (a) made for the
taxing district to pay |
16 | | interest or principal on general obligation bonds that
were |
17 | | approved by referendum; (b) made for any taxing district to pay |
18 | | interest
or principal on general obligation bonds issued before |
19 | | the date on which the
referendum making this
Law applicable to |
20 | | the taxing district is held; (c) made
for any taxing district |
21 | | to pay interest or principal on bonds issued to refund
or |
22 | | continue to refund those bonds issued before the date on which |
23 | | the
referendum making this Law
applicable to the taxing |
24 | | district is held;
(d) made for any
taxing district to pay |
25 | | interest or principal on bonds issued to refund or
continue to |
26 | | refund bonds issued after the date on which the referendum |
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1 | | making
this Law
applicable to the taxing district is held if |
2 | | the bonds were approved by
referendum after the date on which |
3 | | the referendum making this Law
applicable to the taxing |
4 | | district is held; (e) made for any
taxing district to pay |
5 | | interest or principal on
revenue bonds issued before the date |
6 | | on which the referendum making this Law
applicable to the
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7 | | taxing district is held for payment of which a property tax
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8 | | levy or the full faith and credit of the unit of local |
9 | | government is pledged;
however, a tax for the payment of |
10 | | interest or principal on those bonds shall be
made only after |
11 | | the governing body of the unit of local government finds that
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12 | | all other sources for payment are insufficient to make those |
13 | | payments; (f) made
for payments under a building commission |
14 | | lease when the lease payments are for
the retirement of bonds |
15 | | issued by the commission before the date on which the
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16 | | referendum making this
Law applicable to the taxing district is |
17 | | held to
pay for the building project; (g) made for payments due |
18 | | under installment
contracts entered into before the date on |
19 | | which the referendum making this Law
applicable to
the taxing |
20 | | district is held;
(h) made for payments
of principal and |
21 | | interest on limited bonds,
as defined in Section 3 of the Local |
22 | | Government Debt Reform Act, in an amount
not to exceed the debt |
23 | | service extension base less the amount in items (b),
(c), and |
24 | | (e) of this definition for non-referendum obligations, except
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25 | | obligations initially issued pursuant to referendum; (i) made |
26 | | for payments
of
principal and interest on bonds issued under |
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1 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made |
2 | | for a qualified airport authority to pay interest or principal |
3 | | on
general obligation bonds issued for the purpose of paying |
4 | | obligations due
under, or financing airport facilities |
5 | | required to be acquired, constructed,
installed or equipped |
6 | | pursuant to, contracts entered into before March
1, 1996 (but |
7 | | not including any amendments to such a contract taking effect |
8 | | on
or after that date); (k) made to fund expenses of providing |
9 | | joint
recreational programs for the handicapped under Section |
10 | | 5-8 of
the
Park District Code or Section 11-95-14 of the |
11 | | Illinois Municipal Code; (l) made for contributions to a |
12 | | firefighter's pension fund created under Article 4 of the |
13 | | Illinois Pension Code, to the extent of the amount certified |
14 | | under item (5) of Section 4-134 of the Illinois Pension Code; |
15 | | and (m) made for the taxing district to pay interest or |
16 | | principal on general obligation bonds issued pursuant to |
17 | | Section 19-3.10 of the School Code.
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18 | | "Aggregate extension" for all taxing districts to which |
19 | | this Law applies in
accordance with paragraph (2) of subsection |
20 | | (e) of Section 18-213 means the
annual corporate extension for |
21 | | the
taxing district and those special purpose extensions that |
22 | | are made annually for
the taxing district, excluding special |
23 | | purpose extensions: (a) made for the
taxing district to pay |
24 | | interest or principal on general obligation bonds that
were |
25 | | approved by referendum; (b) made for any taxing district to pay |
26 | | interest
or principal on general obligation bonds issued before |
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1 | | the effective date of
this amendatory Act of 1997;
(c) made
for |
2 | | any taxing district to pay interest or principal on bonds |
3 | | issued to refund
or continue to refund those bonds issued |
4 | | before the effective date
of this amendatory Act of 1997;
(d) |
5 | | made for any
taxing district to pay interest or principal on |
6 | | bonds issued to refund or
continue to refund bonds issued after |
7 | | the effective date of this amendatory Act
of 1997 if the bonds |
8 | | were approved by referendum after the effective date of
this |
9 | | amendatory Act of 1997;
(e) made for any
taxing district to pay |
10 | | interest or principal on
revenue bonds issued before the |
11 | | effective date of this amendatory Act of 1997
for payment of |
12 | | which a property tax
levy or the full faith and credit of the |
13 | | unit of local government is pledged;
however, a tax for the |
14 | | payment of interest or principal on those bonds shall be
made |
15 | | only after the governing body of the unit of local government |
16 | | finds that
all other sources for payment are insufficient to |
17 | | make those payments; (f) made
for payments under a building |
18 | | commission lease when the lease payments are for
the retirement |
19 | | of bonds issued by the commission before the effective date
of |
20 | | this amendatory Act of 1997
to
pay for the building project; |
21 | | (g) made for payments due under installment
contracts entered |
22 | | into before the effective date of this amendatory Act of
1997;
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23 | | (h) made for payments
of principal and interest on limited |
24 | | bonds,
as defined in Section 3 of the Local Government Debt |
25 | | Reform Act, in an amount
not to exceed the debt service |
26 | | extension base less the amount in items (b),
(c), and (e) of |
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1 | | this definition for non-referendum obligations, except
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2 | | obligations initially issued pursuant to referendum; (i) made |
3 | | for payments
of
principal and interest on bonds issued under |
4 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made |
5 | | for a qualified airport authority to pay interest or principal |
6 | | on
general obligation bonds issued for the purpose of paying |
7 | | obligations due
under, or financing airport facilities |
8 | | required to be acquired, constructed,
installed or equipped |
9 | | pursuant to, contracts entered into before March
1, 1996 (but |
10 | | not including any amendments to such a contract taking effect |
11 | | on
or after that date); (k) made to fund expenses of providing |
12 | | joint
recreational programs for the handicapped under Section |
13 | | 5-8 of
the
Park District Code or Section 11-95-14 of the |
14 | | Illinois Municipal Code; and (l) made for contributions to a |
15 | | firefighter's pension fund created under Article 4 of the |
16 | | Illinois Pension Code, to the extent of the amount certified |
17 | | under item (5) of Section 4-134 of the Illinois Pension Code.
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18 | | "Debt service extension base" means an amount equal to that |
19 | | portion of the
extension for a taxing district for the 1994 |
20 | | levy year, or for those taxing
districts subject to this Law in |
21 | | accordance with Section 18-213, except for
those subject to |
22 | | paragraph (2) of subsection (e) of Section 18-213, for the
levy
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23 | | year in which the referendum making this Law applicable to the |
24 | | taxing district
is held, or for those taxing districts subject |
25 | | to this Law in accordance with
paragraph (2) of subsection (e) |
26 | | of Section 18-213 for the 1996 levy year,
constituting an
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1 | | extension for payment of principal and interest on bonds issued |
2 | | by the taxing
district without referendum, but not including |
3 | | excluded non-referendum bonds. For park districts (i) that were |
4 | | first
subject to this Law in 1991 or 1995 and (ii) whose |
5 | | extension for the 1994 levy
year for the payment of principal |
6 | | and interest on bonds issued by the park
district without |
7 | | referendum (but not including excluded non-referendum bonds)
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8 | | was less than 51% of the amount for the 1991 levy year |
9 | | constituting an
extension for payment of principal and interest |
10 | | on bonds issued by the park
district without referendum (but |
11 | | not including excluded non-referendum bonds),
"debt service |
12 | | extension base" means an amount equal to that portion of the
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13 | | extension for the 1991 levy year constituting an extension for |
14 | | payment of
principal and interest on bonds issued by the park |
15 | | district without referendum
(but not including excluded |
16 | | non-referendum bonds). A debt service extension base |
17 | | established or increased at any time pursuant to any provision |
18 | | of this Law, except Section 18-212, shall be increased each |
19 | | year commencing with the later of (i) the 2009 levy year or |
20 | | (ii) the first levy year in which this Law becomes applicable |
21 | | to the taxing district, by the lesser of 5% or the percentage |
22 | | increase in the Consumer Price Index during the 12-month |
23 | | calendar year preceding the levy year. The debt service |
24 | | extension
base may be established or increased as provided |
25 | | under Section 18-212.
"Excluded non-referendum bonds" means |
26 | | (i) bonds authorized by Public
Act 88-503 and issued under |
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1 | | Section 20a of the Chicago Park District Act for
aquarium and |
2 | | museum projects; (ii) bonds issued under Section 15 of the
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3 | | Local Government Debt Reform Act; or (iii) refunding |
4 | | obligations issued
to refund or to continue to refund |
5 | | obligations initially issued pursuant to
referendum.
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6 | | "Special purpose extensions" include, but are not limited |
7 | | to, extensions
for levies made on an annual basis for |
8 | | unemployment and workers'
compensation, self-insurance, |
9 | | contributions to pension plans, and extensions
made pursuant to |
10 | | Section 6-601 of the Illinois Highway Code for a road
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11 | | district's permanent road fund whether levied annually or not. |
12 | | The
extension for a special service area is not included in the
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13 | | aggregate extension.
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14 | | "Aggregate extension base" means the taxing district's |
15 | | last preceding
aggregate extension as adjusted under Sections |
16 | | 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 |
17 | | shall be made for the 2007 levy year and all subsequent levy |
18 | | years whenever one or more counties within which a taxing |
19 | | district is located (i) used estimated valuations or rates when |
20 | | extending taxes in the taxing district for the last preceding |
21 | | levy year that resulted in the over or under extension of |
22 | | taxes, or (ii) increased or decreased the tax extension for the |
23 | | last preceding levy year as required by Section 18-135(c). |
24 | | Whenever an adjustment is required under Section 18-135, the |
25 | | aggregate extension base of the taxing district shall be equal |
26 | | to the amount that the aggregate extension of the taxing |
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1 | | district would have been for the last preceding levy year if |
2 | | either or both (i) actual, rather than estimated, valuations or |
3 | | rates had been used to calculate the extension of taxes for the |
4 | | last levy year, or (ii) the tax extension for the last |
5 | | preceding levy year had not been adjusted as required by |
6 | | subsection (c) of Section 18-135.
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7 | | "Levy year" has the same meaning as "year" under Section
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8 | | 1-155.
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9 | | "New property" means (i) the assessed value, after final |
10 | | board of review or
board of appeals action, of new improvements |
11 | | or additions to existing
improvements on any parcel of real |
12 | | property that increase the assessed value of
that real property |
13 | | during the levy year multiplied by the equalization factor
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14 | | issued by the Department under Section 17-30, (ii) the assessed |
15 | | value, after
final board of review or board of appeals action, |
16 | | of real property not exempt
from real estate taxation, which |
17 | | real property was exempt from real estate
taxation for any |
18 | | portion of the immediately preceding levy year, multiplied by
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19 | | the equalization factor issued by the Department under Section |
20 | | 17-30, including the assessed value, upon final stabilization |
21 | | of occupancy after new construction is complete, of any real |
22 | | property located within the boundaries of an otherwise or |
23 | | previously exempt military reservation that is intended for |
24 | | residential use and owned by or leased to a private corporation |
25 | | or other entity, and
(iii) in counties that classify in |
26 | | accordance with Section 4 of Article
IX of the
Illinois |
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1 | | Constitution, an incentive property's additional assessed |
2 | | value
resulting from a
scheduled increase in the level of |
3 | | assessment as applied to the first year
final board of
review |
4 | | market value.
In addition, the county clerk in a county |
5 | | containing a population of
3,000,000 or more shall include in |
6 | | the 1997
recovered tax increment value for any school district, |
7 | | any recovered tax
increment value that was applicable to the |
8 | | 1995 tax year calculations.
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9 | | "Qualified airport authority" means an airport authority |
10 | | organized under
the Airport Authorities Act and located in a |
11 | | county bordering on the State of
Wisconsin and having a |
12 | | population in excess of 200,000 and not greater than
500,000.
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13 | | "Recovered tax increment value" means, except as otherwise |
14 | | provided in this
paragraph, the amount of the current year's |
15 | | equalized assessed value, in the
first year after a |
16 | | municipality terminates
the designation of an area as a |
17 | | redevelopment project area previously
established under the |
18 | | Tax Increment Allocation Development Act in the Illinois
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19 | | Municipal Code, previously established under the Industrial |
20 | | Jobs Recovery Law
in the Illinois Municipal Code, previously |
21 | | established under the Economic Development Project Area Tax |
22 | | Increment Act of 1995, or previously established under the |
23 | | Economic
Development Area Tax Increment Allocation Act, of each |
24 | | taxable lot, block,
tract, or parcel of real property in the |
25 | | redevelopment project area over and
above the initial equalized |
26 | | assessed value of each property in the
redevelopment project |
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1 | | area.
For the taxes which are extended for the 1997 levy year, |
2 | | the recovered tax
increment value for a non-home rule taxing |
3 | | district that first became subject
to this Law for the 1995 |
4 | | levy year because a majority of its 1994 equalized
assessed |
5 | | value was in an affected county or counties shall be increased |
6 | | if a
municipality terminated the designation of an area in 1993 |
7 | | as a redevelopment
project area previously established under |
8 | | the Tax Increment Allocation
Development Act in the Illinois |
9 | | Municipal Code, previously established under
the Industrial |
10 | | Jobs Recovery Law in the Illinois Municipal Code, or previously
|
11 | | established under the Economic Development Area Tax Increment |
12 | | Allocation Act,
by an amount equal to the 1994 equalized |
13 | | assessed value of each taxable lot,
block, tract, or parcel of |
14 | | real property in the redevelopment project area over
and above |
15 | | the initial equalized assessed value of each property in the
|
16 | | redevelopment project area.
In the first year after a |
17 | | municipality
removes a taxable lot, block, tract, or parcel of |
18 | | real property from a
redevelopment project area established |
19 | | under the Tax Increment Allocation
Development Act in the |
20 | | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in |
21 | | the Illinois Municipal Code, or the Economic
Development Area |
22 | | Tax Increment Allocation Act, "recovered tax increment value"
|
23 | | means the amount of the current year's equalized assessed value |
24 | | of each taxable
lot, block, tract, or parcel of real property |
25 | | removed from the redevelopment
project area over and above the |
26 | | initial equalized assessed value of that real
property before |
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1 | | removal from the redevelopment project area.
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2 | | Except as otherwise provided in this Section, "limiting |
3 | | rate" means a
fraction the numerator of which is the last
|
4 | | preceding aggregate extension base times an amount equal to one |
5 | | plus the
extension limitation defined in this Section and the |
6 | | denominator of which
is the current year's equalized assessed |
7 | | value of all real property in the
territory under the |
8 | | jurisdiction of the taxing district during the prior
levy year. |
9 | | For those taxing districts that reduced their aggregate
|
10 | | extension for the last preceding levy year, the highest |
11 | | aggregate extension
in any of the last 3 preceding levy years |
12 | | shall be used for the purpose of
computing the limiting rate. |
13 | | The denominator shall not include new
property or the recovered |
14 | | tax increment
value.
If a new rate, a rate decrease, or a |
15 | | limiting rate increase has been approved at an election held |
16 | | after March 21, 2006, then (i) the otherwise applicable |
17 | | limiting rate shall be increased by the amount of the new rate |
18 | | or shall be reduced by the amount of the rate decrease, as the |
19 | | case may be, or (ii) in the case of a limiting rate increase, |
20 | | the limiting rate shall be equal to the rate set forth
in the |
21 | | proposition approved by the voters for each of the years |
22 | | specified in the proposition, after
which the limiting rate of |
23 | | the taxing district shall be calculated as otherwise provided.
|
24 | | (Source: P.A. 95-90, eff. 1-1-08; 95-331, eff. 8-21-07; 95-404, |
25 | | eff. 1-1-08; 95-876, eff. 8-21-08; 96-501, eff. 8-14-09; |
26 | | 96-517, eff. 8-14-09; 96-1000, eff. 7-2-10; 96-1202, eff. |
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1 | | 7-22-10.)
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2 | | Section 10. The Township Code is amended by changing |
3 | | Sections 235-5 and 235-10 as follows:
|
4 | | (60 ILCS 1/235-5)
|
5 | | Sec. 235-5. Township taxes for various purposes. The |
6 | | township board may
raise money, by taxation not exceeding the |
7 | | rates established in Section 235-10,
for the following |
8 | | purposes:
|
9 | | (1) Prosecuting or defending suits by or against the |
10 | | township or in which
the township is interested.
|
11 | | (2) Maintaining cemeteries under the control, |
12 | | management, and ownership of
the township and controlling, |
13 | | managing, and maintaining public cemeteries
not operated |
14 | | for profit, notwithstanding the provisions of Section 1c of |
15 | | the
Public Graveyards Act.
|
16 | | (3) Maintaining and operating a public nonsectarian |
17 | | hospital under Article
175. This authorization does not |
18 | | apply to any township that avails itself of
the provisions |
19 | | of Article 170.
|
20 | | (4) Maintaining and operating a township committee on |
21 | | youth under Section
215-5.
|
22 | | (5) Providing mental health services under Section |
23 | | 190-10.
|
24 | | (6) Providing services in cooperation with another |
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1 | | governmental entity,
not-for-profit corporation, or |
2 | | nonprofit community service association under
Section |
3 | | 85-13.
|
4 | | (7) Maintaining and operating a township committee for |
5 | | senior citizens'
services under Section 220-10.
|
6 | | (8) Maintaining and operating a township health |
7 | | service that may provide,
but is not required to provide or |
8 | | limited to providing, examination, diagnosis,
testing, and |
9 | | inoculation and all necessary and appurtenant personnel,
|
10 | | equipment, and insurance.
|
11 | | (9) Accumulating moneys in a dedicated fund for a |
12 | | specific capital
construction
or maintenance project or a |
13 | | major equipment purchase. The annual budget and
|
14 | | appropriation ordinance for the township shall state the |
15 | | amount, purpose, and
duration of any accumulation of funds |
16 | | authorized under this Section, with
specific reference to |
17 | | each project to be constructed or equipment to be
|
18 | | purchased. Nothing in this item precludes a township from |
19 | | accumulating moneys
as provided in Section 6-501 of the |
20 | | Illinois Highway Code.
|
21 | | (10) Executing the rights, powers, duties, and |
22 | | responsibilities, or satisfying the liabilities or |
23 | | obligations, assumed from a road district abolished under |
24 | | the provisions of Section 6-133 of the Illinois Highway |
25 | | Code. |
26 | | (11) (10) Any other purpose authorized by law.
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1 | | (Source: P.A. 91-357, eff. 7-29-99; 92-656, eff. 7-16-02.)
|
2 | | (60 ILCS 1/235-10)
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3 | | Sec. 235-10. Rate of tax; referendum to increase maximum |
4 | | rate.
|
5 | | (a) In townships having an equalized assessed valuation of |
6 | | $36,000,000 or
more, taxes authorized by subsection (a) may be |
7 | | extended at a rate not
exceeding 0.25% of value, as equalized |
8 | | or assessed by the Department of
Revenue, of all taxable |
9 | | property in the township.
|
10 | | (b) In townships having an equalized assessed valuation of |
11 | | $30,000,000 but
less than $36,000,000, taxes authorized by |
12 | | subsection (a) may be extended at a
rate calculated to yield |
13 | | tax revenues not exceeding $90,000.
|
14 | | (c) In townships having an equalized assessed valuation of |
15 | | $15,000,000 but
less than $30,000,000, taxes authorized by |
16 | | subsection (a) may be extended at
a rate not exceeding the rate |
17 | | computed by subtracting 0.01% of value for
each $1,000,000 or |
18 | | major fraction thereof in excess of $15,000,000 but less
than |
19 | | $30,000,000 of equalized assessed valuation from the rate of |
20 | | 0.45% of
value.
|
21 | | (d) In townships having an equalized assessed valuation of |
22 | | less than
$15,000,000, taxes may be extended at a rate not |
23 | | exceeding 0.45% of value,
as equalized or assessed by the |
24 | | Department of Revenue, of all taxable property
in the township.
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25 | | (e)(1) In townships having an equalized assessed valuation |
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1 | | of less than
$10,000,000, taxes may be extended at a rate of |
2 | | not more than 0.45% of value,
or not more than 0.65% of value |
3 | | if approved by voters in the township in a
referendum on the |
4 | | limit increase, as equalized or assessed by the
Department of |
5 | | Revenue, of all taxable property in the township.
|
6 | | (2) On the petition of at least 10% of the registered |
7 | | voters residing in
the township to the township clerk, the |
8 | | clerk shall order a referendum on the
proposition to increase |
9 | | the extension limitation as provided in the petition.
The |
10 | | township clerk shall certify the proposition to the proper |
11 | | election
officials, who shall submit the proposition to the |
12 | | township voters at the
next election in accordance with the |
13 | | general election law. The proposition
shall be in substantially |
14 | | the following form:
|
15 | | Shall the present maximum tax extension limit of |
16 | | (insert present
maximum tax extension limit) of the value, |
17 | | as equalized or assessed by the
Department of Revenue, of |
18 | | the taxable real property in (name of township) be
|
19 | | increased to a maximum tax extension limit of (insert |
20 | | proposed maximum tax
extension limit) of the value, as |
21 | | equalized or assessed by the Department of
Revenue, of the |
22 | | taxable real property in (name of township)?
|
23 | | The votes shall be recorded as "Yes" or "No".
|
24 | | (3) If a majority of all ballots cast on the proposition is |
25 | | in favor
of the increase, the county clerk shall certify the |
26 | | results of the election to
the township clerk.
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1 | | (f) Any township having exceeded an equalized assessed |
2 | | valuation of
$15,000,000 before September 17, 1983, may tax at |
3 | | the rate authorized to be
extended under this Section if |
4 | | approved by the township voters at the annual
township meeting. |
5 | | If approval is not obtained, the tax may not be extended at a
|
6 | | rate of more than 0.25% of the value, as equalized and assessed |
7 | | by the
Department of Revenue, of all taxable property in the |
8 | | township. |
9 | | (g) Any township having assumed the rights, powers, duties, |
10 | | assets, property, liabilities, obligations, and
|
11 | | responsibilities of a road district abolished under the |
12 | | provisions of Section 6-133 of the Illinois Highway Code may |
13 | | tax at a rate determined by adding the rate authorized to be |
14 | | extended under this Section to the last rate authorized to be |
15 | | extended for road purposes under Section 6-501 of the Illinois |
16 | | Highway Code.
|
17 | | (Source: P.A. 85-1178; 88-62.)
|
18 | | Section 15. The Illinois Highway Code is amended by adding |
19 | | Section 6-133 as follows: |
20 | | (605 ILCS 5/6-133 new) |
21 | | Sec. 6-133. Abolishing a road district in Cook County. By |
22 | | resolution, the board of trustees of any township located in |
23 | | Cook County, Illinois, may submit a proposition to abolish the |
24 | | road district of that township to the electors of that township
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1 | | at a general election or consolidated election in accordance |
2 | | with the general election law. The
ballot shall be in |
3 | | substantially the following form: |
|
4 | | --------- | | |
5 | | Shall the Road District of the Township of | | | |
6 | | ........... be abolished with all the rights, | YES | | |
7 | | powers, duties, assets, property, liabilities, | |
8 | | obligations, and responsibilities being assumed | --------- | | |
9 | | by the Township of ........... ? | NO | | |
10 | | --------- | |
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11 | | In the event that a majority of the electors voting on such |
12 | | proposition are in favor thereof, then
the road district shall |
13 | | be abolished by operation of law effective on January 1 of the |
14 | | calendar
year immediately following the calendar year in which |
15 | | the proposition was approved by the
electors. |
16 | | On that date, all the rights, powers, duties, assets, |
17 | | property, liabilities, obligations, and
responsibilities of |
18 | | the road district shall by operation of law vest in and be |
19 | | assumed by the
township. On that date, the township board of |
20 | | trustees shall assume all taxing authority of a road district |
21 | | abolished under this Section. On that date, any highway |
22 | | commissioner of the abolished road district shall cease to
hold |
23 | | office, such term having been terminated. Thereafter, the |
24 | | township shall exercise all duties
and responsibilities of the |
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1 | | highway commissioner as provided in the Illinois Highway Code. |
2 | | The
township board of trustees may enter into a contract with |
3 | | the county, a municipality, or a private
contractor to |
4 | | administer the roads under its jurisdiction. The township board |
5 | | of trustees shall
assume all taxing authority of a township |
6 | | road district abolished under this subsection. For purposes
of |
7 | | distribution of revenue, the township shall assume the powers, |
8 | | duties, and obligations of the
road district.
|