99TH GENERAL ASSEMBLY
State of Illinois
2015 and 2016
HB4958

 

Introduced 2/5/2016, by Rep. Michael W. Tryon

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/18-185

    Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that a taxing district may, by ordinance, specify a period of time during which it will suspend its extension for nursing home purposes. Provides that, for the first levy year in which that taxing district resumes its full extension for nursing home purposes, the district's aggregate extension base shall be calculated as if the district had used its maximum extension for nursing home purposes for the levy years during which the extension was suspended. Provides that a taxing district may recapture the amount that the district could have levied for nursing home purposes during the suspension period by passing an ordinance increasing its aggregate extension base for that purpose. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4958LRB099 16368 HLH 40700 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Section 18-185 as follows:
 
6    (35 ILCS 200/18-185)
7    Sec. 18-185. Short title; definitions. This Division 5 may
8be cited as the Property Tax Extension Limitation Law. As used
9in this Division 5:
10    "Consumer Price Index" means the Consumer Price Index for
11All Urban Consumers for all items published by the United
12States Department of Labor.
13    "Extension limitation" means (a) the lesser of 5% or the
14percentage increase in the Consumer Price Index during the
1512-month calendar year preceding the levy year or (b) the rate
16of increase approved by voters under Section 18-205.
17    "Affected county" means a county of 3,000,000 or more
18inhabitants or a county contiguous to a county of 3,000,000 or
19more inhabitants.
20    "Taxing district" has the same meaning provided in Section
211-150, except as otherwise provided in this Section. For the
221991 through 1994 levy years only, "taxing district" includes
23only each non-home rule taxing district having the majority of

 

 

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1its 1990 equalized assessed value within any county or counties
2contiguous to a county with 3,000,000 or more inhabitants.
3Beginning with the 1995 levy year, "taxing district" includes
4only each non-home rule taxing district subject to this Law
5before the 1995 levy year and each non-home rule taxing
6district not subject to this Law before the 1995 levy year
7having the majority of its 1994 equalized assessed value in an
8affected county or counties. Beginning with the levy year in
9which this Law becomes applicable to a taxing district as
10provided in Section 18-213, "taxing district" also includes
11those taxing districts made subject to this Law as provided in
12Section 18-213.
13    "Aggregate extension" for taxing districts to which this
14Law applied before the 1995 levy year means the annual
15corporate extension for the taxing district and those special
16purpose extensions that are made annually for the taxing
17district, excluding special purpose extensions: (a) made for
18the taxing district to pay interest or principal on general
19obligation bonds that were approved by referendum; (b) made for
20any taxing district to pay interest or principal on general
21obligation bonds issued before October 1, 1991; (c) made for
22any taxing district to pay interest or principal on bonds
23issued to refund or continue to refund those bonds issued
24before October 1, 1991; (d) made for any taxing district to pay
25interest or principal on bonds issued to refund or continue to
26refund bonds issued after October 1, 1991 that were approved by

 

 

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1referendum; (e) made for any taxing district to pay interest or
2principal on revenue bonds issued before October 1, 1991 for
3payment of which a property tax levy or the full faith and
4credit of the unit of local government is pledged; however, a
5tax for the payment of interest or principal on those bonds
6shall be made only after the governing body of the unit of
7local government finds that all other sources for payment are
8insufficient to make those payments; (f) made for payments
9under a building commission lease when the lease payments are
10for the retirement of bonds issued by the commission before
11October 1, 1991, to pay for the building project; (g) made for
12payments due under installment contracts entered into before
13October 1, 1991; (h) made for payments of principal and
14interest on bonds issued under the Metropolitan Water
15Reclamation District Act to finance construction projects
16initiated before October 1, 1991; (i) made for payments of
17principal and interest on limited bonds, as defined in Section
183 of the Local Government Debt Reform Act, in an amount not to
19exceed the debt service extension base less the amount in items
20(b), (c), (e), and (h) of this definition for non-referendum
21obligations, except obligations initially issued pursuant to
22referendum; (j) made for payments of principal and interest on
23bonds issued under Section 15 of the Local Government Debt
24Reform Act; (k) made by a school district that participates in
25the Special Education District of Lake County, created by
26special education joint agreement under Section 10-22.31 of the

 

 

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1School Code, for payment of the school district's share of the
2amounts required to be contributed by the Special Education
3District of Lake County to the Illinois Municipal Retirement
4Fund under Article 7 of the Illinois Pension Code; the amount
5of any extension under this item (k) shall be certified by the
6school district to the county clerk; (l) made to fund expenses
7of providing joint recreational programs for persons with
8disabilities under Section 5-8 of the Park District Code or
9Section 11-95-14 of the Illinois Municipal Code; (m) made for
10temporary relocation loan repayment purposes pursuant to
11Sections 2-3.77 and 17-2.2d of the School Code; (n) made for
12payment of principal and interest on any bonds issued under the
13authority of Section 17-2.2d of the School Code; (o) made for
14contributions to a firefighter's pension fund created under
15Article 4 of the Illinois Pension Code, to the extent of the
16amount certified under item (5) of Section 4-134 of the
17Illinois Pension Code; and (p) made for road purposes in the
18first year after a township assumes the rights, powers, duties,
19assets, property, liabilities, obligations, and
20responsibilities of a road district abolished under the
21provisions of Section 6-133 of the Illinois Highway Code.
22    "Aggregate extension" for the taxing districts to which
23this Law did not apply before the 1995 levy year (except taxing
24districts subject to this Law in accordance with Section
2518-213) means the annual corporate extension for the taxing
26district and those special purpose extensions that are made

 

 

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1annually for the taxing district, excluding special purpose
2extensions: (a) made for the taxing district to pay interest or
3principal on general obligation bonds that were approved by
4referendum; (b) made for any taxing district to pay interest or
5principal on general obligation bonds issued before March 1,
61995; (c) made for any taxing district to pay interest or
7principal on bonds issued to refund or continue to refund those
8bonds issued before March 1, 1995; (d) made for any taxing
9district to pay interest or principal on bonds issued to refund
10or continue to refund bonds issued after March 1, 1995 that
11were approved by referendum; (e) made for any taxing district
12to pay interest or principal on revenue bonds issued before
13March 1, 1995 for payment of which a property tax levy or the
14full faith and credit of the unit of local government is
15pledged; however, a tax for the payment of interest or
16principal on those bonds shall be made only after the governing
17body of the unit of local government finds that all other
18sources for payment are insufficient to make those payments;
19(f) made for payments under a building commission lease when
20the lease payments are for the retirement of bonds issued by
21the commission before March 1, 1995 to pay for the building
22project; (g) made for payments due under installment contracts
23entered into before March 1, 1995; (h) made for payments of
24principal and interest on bonds issued under the Metropolitan
25Water Reclamation District Act to finance construction
26projects initiated before October 1, 1991; (h-4) made for

 

 

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1stormwater management purposes by the Metropolitan Water
2Reclamation District of Greater Chicago under Section 12 of the
3Metropolitan Water Reclamation District Act; (i) made for
4payments of principal and interest on limited bonds, as defined
5in Section 3 of the Local Government Debt Reform Act, in an
6amount not to exceed the debt service extension base less the
7amount in items (b), (c), and (e) of this definition for
8non-referendum obligations, except obligations initially
9issued pursuant to referendum and bonds described in subsection
10(h) of this definition; (j) made for payments of principal and
11interest on bonds issued under Section 15 of the Local
12Government Debt Reform Act; (k) made for payments of principal
13and interest on bonds authorized by Public Act 88-503 and
14issued under Section 20a of the Chicago Park District Act for
15aquarium or museum projects; (l) made for payments of principal
16and interest on bonds authorized by Public Act 87-1191 or
1793-601 and (i) issued pursuant to Section 21.2 of the Cook
18County Forest Preserve District Act, (ii) issued under Section
1942 of the Cook County Forest Preserve District Act for
20zoological park projects, or (iii) issued under Section 44.1 of
21the Cook County Forest Preserve District Act for botanical
22gardens projects; (m) made pursuant to Section 34-53.5 of the
23School Code, whether levied annually or not; (n) made to fund
24expenses of providing joint recreational programs for persons
25with disabilities under Section 5-8 of the Park District Code
26or Section 11-95-14 of the Illinois Municipal Code; (o) made by

 

 

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1the Chicago Park District for recreational programs for persons
2with disabilities under subsection (c) of Section 7.06 of the
3Chicago Park District Act; (p) made for contributions to a
4firefighter's pension fund created under Article 4 of the
5Illinois Pension Code, to the extent of the amount certified
6under item (5) of Section 4-134 of the Illinois Pension Code;
7and (q) made by Ford Heights School District 169 under Section
817-9.02 of the School Code.
9    "Aggregate extension" for all taxing districts to which
10this Law applies in accordance with Section 18-213, except for
11those taxing districts subject to paragraph (2) of subsection
12(e) of Section 18-213, means the annual corporate extension for
13the taxing district and those special purpose extensions that
14are made annually for the taxing district, excluding special
15purpose extensions: (a) made for the taxing district to pay
16interest or principal on general obligation bonds that were
17approved by referendum; (b) made for any taxing district to pay
18interest or principal on general obligation bonds issued before
19the date on which the referendum making this Law applicable to
20the taxing district is held; (c) made for any taxing district
21to pay interest or principal on bonds issued to refund or
22continue to refund those bonds issued before the date on which
23the referendum making this Law applicable to the taxing
24district is held; (d) made for any taxing district to pay
25interest or principal on bonds issued to refund or continue to
26refund bonds issued after the date on which the referendum

 

 

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1making this Law applicable to the taxing district is held if
2the bonds were approved by referendum after the date on which
3the referendum making this Law applicable to the taxing
4district is held; (e) made for any taxing district to pay
5interest or principal on revenue bonds issued before the date
6on which the referendum making this Law applicable to the
7taxing district is held for payment of which a property tax
8levy or the full faith and credit of the unit of local
9government is pledged; however, a tax for the payment of
10interest or principal on those bonds shall be made only after
11the governing body of the unit of local government finds that
12all other sources for payment are insufficient to make those
13payments; (f) made for payments under a building commission
14lease when the lease payments are for the retirement of bonds
15issued by the commission before the date on which the
16referendum making this Law applicable to the taxing district is
17held to pay for the building project; (g) made for payments due
18under installment contracts entered into before the date on
19which the referendum making this Law applicable to the taxing
20district is held; (h) made for payments of principal and
21interest on limited bonds, as defined in Section 3 of the Local
22Government Debt Reform Act, in an amount not to exceed the debt
23service extension base less the amount in items (b), (c), and
24(e) of this definition for non-referendum obligations, except
25obligations initially issued pursuant to referendum; (i) made
26for payments of principal and interest on bonds issued under

 

 

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1Section 15 of the Local Government Debt Reform Act; (j) made
2for a qualified airport authority to pay interest or principal
3on general obligation bonds issued for the purpose of paying
4obligations due under, or financing airport facilities
5required to be acquired, constructed, installed or equipped
6pursuant to, contracts entered into before March 1, 1996 (but
7not including any amendments to such a contract taking effect
8on or after that date); (k) made to fund expenses of providing
9joint recreational programs for persons with disabilities
10under Section 5-8 of the Park District Code or Section 11-95-14
11of the Illinois Municipal Code; (l) made for contributions to a
12firefighter's pension fund created under Article 4 of the
13Illinois Pension Code, to the extent of the amount certified
14under item (5) of Section 4-134 of the Illinois Pension Code;
15and (m) made for the taxing district to pay interest or
16principal on general obligation bonds issued pursuant to
17Section 19-3.10 of the School Code.
18    "Aggregate extension" for all taxing districts to which
19this Law applies in accordance with paragraph (2) of subsection
20(e) of Section 18-213 means the annual corporate extension for
21the taxing district and those special purpose extensions that
22are made annually for the taxing district, excluding special
23purpose extensions: (a) made for the taxing district to pay
24interest or principal on general obligation bonds that were
25approved by referendum; (b) made for any taxing district to pay
26interest or principal on general obligation bonds issued before

 

 

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1the effective date of this amendatory Act of 1997; (c) made for
2any taxing district to pay interest or principal on bonds
3issued to refund or continue to refund those bonds issued
4before the effective date of this amendatory Act of 1997; (d)
5made for any taxing district to pay interest or principal on
6bonds issued to refund or continue to refund bonds issued after
7the effective date of this amendatory Act of 1997 if the bonds
8were approved by referendum after the effective date of this
9amendatory Act of 1997; (e) made for any taxing district to pay
10interest or principal on revenue bonds issued before the
11effective date of this amendatory Act of 1997 for payment of
12which a property tax levy or the full faith and credit of the
13unit of local government is pledged; however, a tax for the
14payment of interest or principal on those bonds shall be made
15only after the governing body of the unit of local government
16finds that all other sources for payment are insufficient to
17make those payments; (f) made for payments under a building
18commission lease when the lease payments are for the retirement
19of bonds issued by the commission before the effective date of
20this amendatory Act of 1997 to pay for the building project;
21(g) made for payments due under installment contracts entered
22into before the effective date of this amendatory Act of 1997;
23(h) made for payments of principal and interest on limited
24bonds, as defined in Section 3 of the Local Government Debt
25Reform Act, in an amount not to exceed the debt service
26extension base less the amount in items (b), (c), and (e) of

 

 

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1this definition for non-referendum obligations, except
2obligations initially issued pursuant to referendum; (i) made
3for payments of principal and interest on bonds issued under
4Section 15 of the Local Government Debt Reform Act; (j) made
5for a qualified airport authority to pay interest or principal
6on general obligation bonds issued for the purpose of paying
7obligations due under, or financing airport facilities
8required to be acquired, constructed, installed or equipped
9pursuant to, contracts entered into before March 1, 1996 (but
10not including any amendments to such a contract taking effect
11on or after that date); (k) made to fund expenses of providing
12joint recreational programs for persons with disabilities
13under Section 5-8 of the Park District Code or Section 11-95-14
14of the Illinois Municipal Code; and (l) made for contributions
15to a firefighter's pension fund created under Article 4 of the
16Illinois Pension Code, to the extent of the amount certified
17under item (5) of Section 4-134 of the Illinois Pension Code.
18    "Debt service extension base" means an amount equal to that
19portion of the extension for a taxing district for the 1994
20levy year, or for those taxing districts subject to this Law in
21accordance with Section 18-213, except for those subject to
22paragraph (2) of subsection (e) of Section 18-213, for the levy
23year in which the referendum making this Law applicable to the
24taxing district is held, or for those taxing districts subject
25to this Law in accordance with paragraph (2) of subsection (e)
26of Section 18-213 for the 1996 levy year, constituting an

 

 

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1extension for payment of principal and interest on bonds issued
2by the taxing district without referendum, but not including
3excluded non-referendum bonds. For park districts (i) that were
4first subject to this Law in 1991 or 1995 and (ii) whose
5extension for the 1994 levy year for the payment of principal
6and interest on bonds issued by the park district without
7referendum (but not including excluded non-referendum bonds)
8was less than 51% of the amount for the 1991 levy year
9constituting an extension for payment of principal and interest
10on bonds issued by the park district without referendum (but
11not including excluded non-referendum bonds), "debt service
12extension base" means an amount equal to that portion of the
13extension for the 1991 levy year constituting an extension for
14payment of principal and interest on bonds issued by the park
15district without referendum (but not including excluded
16non-referendum bonds). A debt service extension base
17established or increased at any time pursuant to any provision
18of this Law, except Section 18-212, shall be increased each
19year commencing with the later of (i) the 2009 levy year or
20(ii) the first levy year in which this Law becomes applicable
21to the taxing district, by the lesser of 5% or the percentage
22increase in the Consumer Price Index during the 12-month
23calendar year preceding the levy year. The debt service
24extension base may be established or increased as provided
25under Section 18-212. "Excluded non-referendum bonds" means
26(i) bonds authorized by Public Act 88-503 and issued under

 

 

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1Section 20a of the Chicago Park District Act for aquarium and
2museum projects; (ii) bonds issued under Section 15 of the
3Local Government Debt Reform Act; or (iii) refunding
4obligations issued to refund or to continue to refund
5obligations initially issued pursuant to referendum.
6    "Special purpose extensions" include, but are not limited
7to, extensions for levies made on an annual basis for
8unemployment and workers' compensation, self-insurance,
9contributions to pension plans, and extensions made pursuant to
10Section 6-601 of the Illinois Highway Code for a road
11district's permanent road fund whether levied annually or not.
12The extension for a special service area is not included in the
13aggregate extension.
14    "Aggregate extension base" means the taxing district's
15last preceding aggregate extension as adjusted under Sections
1618-135, 18-215, and 18-230. Notwithstanding any other
17provision of law, a taxing district may, by ordinance, specify
18a period of time during which it will suspend its extension for
19nursing home purposes. For the first levy year in which that
20taxing district resumes its full extension for nursing home
21purposes, the district's aggregate extension base shall be
22calculated as if the district had used its maximum extension
23for nursing home purposes for the levy years during which the
24extension was suspended. In addition, if a taxing district
25suspends its extension for nursing home purposes, that taxing
26district may, for a period of 5 years after the extension is no

 

 

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1longer suspended, pass an ordinance to increase its aggregate
2extension base for the purpose of recapturing all or a portion
3of the amount that the district could have levied for nursing
4home purposes during the suspension period. An adjustment under
5Section 18-135 shall be made for the 2007 levy year and all
6subsequent levy years whenever one or more counties within
7which a taxing district is located (i) used estimated
8valuations or rates when extending taxes in the taxing district
9for the last preceding levy year that resulted in the over or
10under extension of taxes, or (ii) increased or decreased the
11tax extension for the last preceding levy year as required by
12Section 18-135(c). Whenever an adjustment is required under
13Section 18-135, the aggregate extension base of the taxing
14district shall be equal to the amount that the aggregate
15extension of the taxing district would have been for the last
16preceding levy year if either or both (i) actual, rather than
17estimated, valuations or rates had been used to calculate the
18extension of taxes for the last levy year, or (ii) the tax
19extension for the last preceding levy year had not been
20adjusted as required by subsection (c) of Section 18-135.
21    Notwithstanding any other provision of law, for levy year
222012, the aggregate extension base for West Northfield School
23District No. 31 in Cook County shall be $12,654,592.
24    "Levy year" has the same meaning as "year" under Section
251-155.
26    "New property" means (i) the assessed value, after final

 

 

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1board of review or board of appeals action, of new improvements
2or additions to existing improvements on any parcel of real
3property that increase the assessed value of that real property
4during the levy year multiplied by the equalization factor
5issued by the Department under Section 17-30, (ii) the assessed
6value, after final board of review or board of appeals action,
7of real property not exempt from real estate taxation, which
8real property was exempt from real estate taxation for any
9portion of the immediately preceding levy year, multiplied by
10the equalization factor issued by the Department under Section
1117-30, including the assessed value, upon final stabilization
12of occupancy after new construction is complete, of any real
13property located within the boundaries of an otherwise or
14previously exempt military reservation that is intended for
15residential use and owned by or leased to a private corporation
16or other entity, (iii) in counties that classify in accordance
17with Section 4 of Article IX of the Illinois Constitution, an
18incentive property's additional assessed value resulting from
19a scheduled increase in the level of assessment as applied to
20the first year final board of review market value, and (iv) any
21increase in assessed value due to oil or gas production from an
22oil or gas well required to be permitted under the Hydraulic
23Fracturing Regulatory Act that was not produced in or accounted
24for during the previous levy year. In addition, the county
25clerk in a county containing a population of 3,000,000 or more
26shall include in the 1997 recovered tax increment value for any

 

 

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1school district, any recovered tax increment value that was
2applicable to the 1995 tax year calculations.
3    "Qualified airport authority" means an airport authority
4organized under the Airport Authorities Act and located in a
5county bordering on the State of Wisconsin and having a
6population in excess of 200,000 and not greater than 500,000.
7    "Recovered tax increment value" means, except as otherwise
8provided in this paragraph, the amount of the current year's
9equalized assessed value, in the first year after a
10municipality terminates the designation of an area as a
11redevelopment project area previously established under the
12Tax Increment Allocation Development Act in the Illinois
13Municipal Code, previously established under the Industrial
14Jobs Recovery Law in the Illinois Municipal Code, previously
15established under the Economic Development Project Area Tax
16Increment Act of 1995, or previously established under the
17Economic Development Area Tax Increment Allocation Act, of each
18taxable lot, block, tract, or parcel of real property in the
19redevelopment project area over and above the initial equalized
20assessed value of each property in the redevelopment project
21area. For the taxes which are extended for the 1997 levy year,
22the recovered tax increment value for a non-home rule taxing
23district that first became subject to this Law for the 1995
24levy year because a majority of its 1994 equalized assessed
25value was in an affected county or counties shall be increased
26if a municipality terminated the designation of an area in 1993

 

 

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1as a redevelopment project area previously established under
2the Tax Increment Allocation Development Act in the Illinois
3Municipal Code, previously established under the Industrial
4Jobs Recovery Law in the Illinois Municipal Code, or previously
5established under the Economic Development Area Tax Increment
6Allocation Act, by an amount equal to the 1994 equalized
7assessed value of each taxable lot, block, tract, or parcel of
8real property in the redevelopment project area over and above
9the initial equalized assessed value of each property in the
10redevelopment project area. In the first year after a
11municipality removes a taxable lot, block, tract, or parcel of
12real property from a redevelopment project area established
13under the Tax Increment Allocation Development Act in the
14Illinois Municipal Code, the Industrial Jobs Recovery Law in
15the Illinois Municipal Code, or the Economic Development Area
16Tax Increment Allocation Act, "recovered tax increment value"
17means the amount of the current year's equalized assessed value
18of each taxable lot, block, tract, or parcel of real property
19removed from the redevelopment project area over and above the
20initial equalized assessed value of that real property before
21removal from the redevelopment project area.
22    Except as otherwise provided in this Section, "limiting
23rate" means a fraction the numerator of which is the last
24preceding aggregate extension base times an amount equal to one
25plus the extension limitation defined in this Section and the
26denominator of which is the current year's equalized assessed

 

 

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1value of all real property in the territory under the
2jurisdiction of the taxing district during the prior levy year.
3For those taxing districts that reduced their aggregate
4extension for the last preceding levy year, the highest
5aggregate extension in any of the last 3 preceding levy years
6shall be used for the purpose of computing the limiting rate.
7The denominator shall not include new property or the recovered
8tax increment value. If a new rate, a rate decrease, or a
9limiting rate increase has been approved at an election held
10after March 21, 2006, then (i) the otherwise applicable
11limiting rate shall be increased by the amount of the new rate
12or shall be reduced by the amount of the rate decrease, as the
13case may be, or (ii) in the case of a limiting rate increase,
14the limiting rate shall be equal to the rate set forth in the
15proposition approved by the voters for each of the years
16specified in the proposition, after which the limiting rate of
17the taxing district shall be calculated as otherwise provided.
18In the case of a taxing district that obtained referendum
19approval for an increased limiting rate on March 20, 2012, the
20limiting rate for tax year 2012 shall be the rate that
21generates the approximate total amount of taxes extendable for
22that tax year, as set forth in the proposition approved by the
23voters; this rate shall be the final rate applied by the county
24clerk for the aggregate of all capped funds of the district for
25tax year 2012.
26(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,

 

 

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1eff. 7-27-15.)
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.