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Full Text of SB2968  102nd General Assembly

SB2968 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
SB2968

 

Introduced 12/15/2021, by Sen. Patrick J. Joyce

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/18-185
65 ILCS 5/8-3-20 new

    Amends the Illinois Municipal Code. Provides that the corporate authorities of a municipality may by ordinance declare that the municipality will have a projected surplus of revenues in a fiscal year from any source. Allows the corporate authorities to abate the property tax levied by the municipality by the projected surplus amount. Provides that any amounts abated shall be considered as part of the municipality's aggregate extension for the fiscal year in question. Amends the Property Tax Code making conforming changes.


LRB102 22147 AWJ 31276 b

 

 

A BILL FOR

 

SB2968LRB102 22147 AWJ 31276 b

1    AN ACT concerning local government.
 
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
8may be cited as the Property Tax Extension Limitation Law. As
9used in 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
2counties contiguous to a county with 3,000,000 or more
3inhabitants. Beginning with the 1995 levy year, "taxing
4district" includes only each non-home rule taxing district
5subject to this Law before the 1995 levy year and each non-home
6rule taxing district not subject to this Law before the 1995
7levy year having the majority of its 1994 equalized assessed
8value in an affected county or counties. Beginning with the
9levy year in which this Law becomes applicable to a taxing
10district as provided in Section 18-213, "taxing district" also
11includes those taxing districts made subject to this Law as
12provided in Section 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
20for any taxing district to pay interest or principal on
21general obligation bonds issued before October 1, 1991; (c)
22made for any taxing district to pay interest or principal on
23bonds issued to refund or continue to refund those bonds
24issued before October 1, 1991; (d) made for any taxing
25district to pay interest or principal on bonds issued to
26refund or continue to refund bonds issued after October 1,

 

 

SB2968- 3 -LRB102 22147 AWJ 31276 b

11991 that were approved by referendum; (e) made for any taxing
2district to pay interest or principal on revenue bonds issued
3before October 1, 1991 for payment of which a property tax levy
4or the full faith and credit of the unit of local government is
5pledged; however, a tax for the payment of interest or
6principal on those bonds shall be made only after the
7governing body of the unit of local government finds that all
8other sources for payment are insufficient to make those
9payments; (f) made for payments under a building commission
10lease when the lease payments are for the retirement of bonds
11issued by the commission before October 1, 1991, to pay for the
12building project; (g) made for payments due under installment
13contracts entered into before October 1, 1991; (h) made for
14payments of principal and interest on bonds issued under the
15Metropolitan Water Reclamation District Act to finance
16construction projects initiated before October 1, 1991; (i)
17made for payments of principal and interest on limited bonds,
18as defined in Section 3 of the Local Government Debt Reform
19Act, in an amount not to exceed the debt service extension base
20less the amount in items (b), (c), (e), and (h) of this
21definition for non-referendum obligations, except obligations
22initially issued pursuant to referendum; (j) made for payments
23of principal and interest on bonds issued under Section 15 of
24the Local Government Debt Reform Act; (k) made by a school
25district that participates in the Special Education District
26of Lake County, created by special education joint agreement

 

 

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1under Section 10-22.31 of the School Code, for payment of the
2school district's share of the amounts required to be
3contributed by the Special Education District of Lake County
4to the Illinois Municipal Retirement Fund under Article 7 of
5the Illinois Pension Code; the amount of any extension under
6this item (k) shall be certified by the school district to the
7county clerk; (l) made to fund expenses of providing joint
8recreational programs for persons with disabilities under
9Section 5-8 of the Park District Code or Section 11-95-14 of
10the Illinois Municipal Code; (m) made for temporary relocation
11loan repayment purposes pursuant to Sections 2-3.77 and
1217-2.2d of the School Code; (n) made for payment of principal
13and interest on any bonds issued under the authority of
14Section 17-2.2d of the School Code; (o) 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;
18and (p) made for road purposes in the first year after a
19township assumes the rights, powers, duties, assets, property,
20liabilities, obligations, and responsibilities of a road
21district abolished under the provisions of Section 6-133 of
22the Illinois Highway Code.
23    "Aggregate extension" for the taxing districts to which
24this Law did not apply before the 1995 levy year (except taxing
25districts subject to this Law in accordance with Section
2618-213) means the annual corporate extension for the taxing

 

 

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1district and those special purpose extensions that are made
2annually for the taxing district, excluding special purpose
3extensions: (a) made for the taxing district to pay interest
4or principal on general obligation bonds that were approved by
5referendum; (b) made for any taxing district to pay interest
6or principal on general obligation bonds issued before March
71, 1995; (c) made for any taxing district to pay interest or
8principal on bonds issued to refund or continue to refund
9those bonds issued before March 1, 1995; (d) made for any
10taxing district to pay interest or principal on bonds issued
11to refund or continue to refund bonds issued after March 1,
121995 that were approved by referendum; (e) made for any taxing
13district to pay interest or principal on revenue bonds issued
14before March 1, 1995 for payment of which a property tax levy
15or the full faith and credit of the unit of local government is
16pledged; however, a tax for the payment of interest or
17principal on those bonds shall be made only after the
18governing body of the unit of local government finds that all
19other sources for payment are insufficient to make those
20payments; (f) made for payments under a building commission
21lease when the lease payments are for the retirement of bonds
22issued by the commission before March 1, 1995 to pay for the
23building project; (g) made for payments due under installment
24contracts entered into before March 1, 1995; (h) made for
25payments of principal and interest on bonds issued under the
26Metropolitan Water Reclamation District Act to finance

 

 

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1construction projects initiated before October 1, 1991; (h-4)
2made for stormwater management purposes by the Metropolitan
3Water Reclamation District of Greater Chicago under Section 12
4of the Metropolitan Water Reclamation District Act; (i) made
5for payments of principal and interest on limited bonds, as
6defined in Section 3 of the Local Government Debt Reform Act,
7in an amount not to exceed the debt service extension base less
8the amount in items (b), (c), and (e) of this definition for
9non-referendum obligations, except obligations initially
10issued pursuant to referendum and bonds described in
11subsection (h) of this definition; (j) made for payments of
12principal and interest on bonds issued under Section 15 of the
13Local Government Debt Reform Act; (k) made for payments of
14principal and interest on bonds authorized by Public Act
1588-503 and issued under Section 20a of the Chicago Park
16District Act for aquarium or museum projects and bonds issued
17under Section 20a of the Chicago Park District Act for the
18purpose of making contributions to the pension fund
19established under Article 12 of the Illinois Pension Code; (l)
20made for payments of principal and interest on bonds
21authorized by Public Act 87-1191 or 93-601 and (i) issued
22pursuant to Section 21.2 of the Cook County Forest Preserve
23District Act, (ii) issued under Section 42 of the Cook County
24Forest Preserve District Act for zoological park projects, or
25(iii) issued under Section 44.1 of the Cook County Forest
26Preserve District Act for botanical gardens projects; (m) made

 

 

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1pursuant to Section 34-53.5 of the School Code, whether levied
2annually or not; (n) made to fund expenses of providing joint
3recreational programs for persons with disabilities under
4Section 5-8 of the Park District Code or Section 11-95-14 of
5the Illinois Municipal Code; (o) made by the Chicago Park
6District for recreational programs for persons with
7disabilities under subsection (c) of Section 7.06 of the
8Chicago Park District Act; (p) made for contributions to a
9firefighter's pension fund created under Article 4 of the
10Illinois Pension Code, to the extent of the amount certified
11under item (5) of Section 4-134 of the Illinois Pension Code;
12(q) made by Ford Heights School District 169 under Section
1317-9.02 of the School Code; and (r) made for the purpose of
14making employer contributions to the Public School Teachers'
15Pension and Retirement Fund of Chicago under Section 34-53 of
16the School Code.
17    "Aggregate extension" for all taxing districts to which
18this Law applies in accordance with Section 18-213, except for
19those taxing districts subject to paragraph (2) of subsection
20(e) of Section 18-213, means the annual corporate extension
21for the taxing district and those special purpose extensions
22that are made annually for the taxing district, excluding
23special purpose extensions: (a) made for the taxing district
24to pay interest or principal on general obligation bonds that
25were approved by referendum; (b) made for any taxing district
26to pay interest or principal on general obligation bonds

 

 

SB2968- 8 -LRB102 22147 AWJ 31276 b

1issued before the date on which the referendum making this Law
2applicable to the taxing district is held; (c) made for any
3taxing district to pay interest or principal on bonds issued
4to refund or continue to refund those bonds issued before the
5date on which the referendum making this Law applicable to the
6taxing district is held; (d) made for any taxing district to
7pay interest or principal on bonds issued to refund or
8continue to refund bonds issued after the date on which the
9referendum making this Law applicable to the taxing district
10is held if the bonds were approved by referendum after the date
11on which the referendum making this Law applicable to the
12taxing district is held; (e) made for any taxing district to
13pay interest or principal on revenue bonds issued before the
14date on which the referendum making this Law applicable to the
15taxing district is held for payment of which a property tax
16levy or the full faith and credit of the unit of local
17government is pledged; however, a tax for the payment of
18interest or principal on those bonds shall be made only after
19the governing body of the unit of local government finds that
20all other sources for payment are insufficient to make those
21payments; (f) made for payments under a building commission
22lease when the lease payments are for the retirement of bonds
23issued by the commission before the date on which the
24referendum making this Law applicable to the taxing district
25is held to pay for the building project; (g) made for payments
26due under installment contracts entered into before the date

 

 

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1on which the referendum making this Law applicable to the
2taxing district is held; (h) made for payments of principal
3and interest on limited bonds, as defined in Section 3 of the
4Local Government Debt Reform Act, in an amount not to exceed
5the debt service extension base less the amount in items (b),
6(c), and (e) of this definition for non-referendum
7obligations, except obligations initially issued pursuant to
8referendum; (i) made for payments of principal and interest on
9bonds issued under Section 15 of the Local Government Debt
10Reform Act; (j) made for a qualified airport authority to pay
11interest or principal on general obligation bonds issued for
12the purpose of paying obligations due under, or financing
13airport facilities required to be acquired, constructed,
14installed or equipped pursuant to, contracts entered into
15before March 1, 1996 (but not including any amendments to such
16a contract taking effect on or after that date); (k) made to
17fund expenses of providing joint recreational programs for
18persons with disabilities under Section 5-8 of the Park
19District Code or Section 11-95-14 of the Illinois Municipal
20Code; (l) made for contributions to a firefighter's pension
21fund created under Article 4 of the Illinois Pension Code, to
22the extent of the amount certified under item (5) of Section
234-134 of the Illinois Pension Code; and (m) made for the taxing
24district to pay interest or principal on general obligation
25bonds issued pursuant to Section 19-3.10 of the School Code.
26    "Aggregate extension" for all taxing districts to which

 

 

SB2968- 10 -LRB102 22147 AWJ 31276 b

1this Law applies in accordance with paragraph (2) of
2subsection (e) of Section 18-213 means the annual corporate
3extension for the taxing district and those special purpose
4extensions that are made annually for the taxing district,
5excluding special purpose extensions: (a) made for the taxing
6district to pay interest or principal on general obligation
7bonds that were approved by referendum; (b) made for any
8taxing district to pay interest or principal on general
9obligation bonds issued before March 7, 1997 (the effective
10date of Public Act 89-718); (c) made for any taxing district to
11pay interest or principal on bonds issued to refund or
12continue to refund those bonds issued before March 7, 1997
13(the effective date of Public Act 89-718); (d) made for any
14taxing district to pay interest or principal on bonds issued
15to refund or continue to refund bonds issued after March 7,
161997 (the effective date of Public Act 89-718) if the bonds
17were approved by referendum after March 7, 1997 (the effective
18date of Public Act 89-718); (e) made for any taxing district to
19pay interest or principal on revenue bonds issued before March
207, 1997 (the effective date of Public Act 89-718) for payment
21of which a property tax levy or the full faith and credit of
22the unit of local government is pledged; however, a tax for the
23payment of interest or principal on those bonds shall be made
24only after the governing body of the unit of local government
25finds that all other sources for payment are insufficient to
26make those payments; (f) made for payments under a building

 

 

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1commission lease when the lease payments are for the
2retirement of bonds issued by the commission before March 7,
31997 (the effective date of Public Act 89-718) to pay for the
4building project; (g) made for payments due under installment
5contracts entered into before March 7, 1997 (the effective
6date of Public Act 89-718); (h) made for payments of principal
7and interest on limited bonds, as defined in Section 3 of the
8Local Government Debt Reform Act, in an amount not to exceed
9the debt service extension base less the amount in items (b),
10(c), and (e) of this definition for non-referendum
11obligations, except obligations initially issued pursuant to
12referendum; (i) made for payments of principal and interest on
13bonds issued under Section 15 of the Local Government Debt
14Reform Act; (j) made for a qualified airport authority to pay
15interest or principal on general obligation bonds issued for
16the purpose of paying obligations due under, or financing
17airport facilities required to be acquired, constructed,
18installed or equipped pursuant to, contracts entered into
19before March 1, 1996 (but not including any amendments to such
20a contract taking effect on or after that date); (k) made to
21fund expenses of providing joint recreational programs for
22persons with disabilities under Section 5-8 of the Park
23District Code or Section 11-95-14 of the Illinois Municipal
24Code; and (l) made for contributions to a firefighter's
25pension fund created under Article 4 of the Illinois Pension
26Code, to the extent of the amount certified under item (5) of

 

 

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1Section 4-134 of the Illinois Pension Code.
2    "Debt service extension base" means an amount equal to
3that portion of the extension for a taxing district for the
41994 levy year, or for those taxing districts subject to this
5Law in accordance with Section 18-213, except for those
6subject to paragraph (2) of subsection (e) of Section 18-213,
7for the levy year in which the referendum making this Law
8applicable to the taxing district is held, or for those taxing
9districts subject to this Law in accordance with paragraph (2)
10of subsection (e) of Section 18-213 for the 1996 levy year,
11constituting an extension for payment of principal and
12interest on bonds issued by the taxing district without
13referendum, but not including excluded non-referendum bonds.
14For park districts (i) that were first subject to this Law in
151991 or 1995 and (ii) whose extension for the 1994 levy year
16for the payment of principal and interest on bonds issued by
17the park district without referendum (but not including
18excluded non-referendum bonds) was less than 51% of the amount
19for the 1991 levy year constituting an extension for payment
20of principal and interest on bonds issued by the park district
21without referendum (but not including excluded non-referendum
22bonds), "debt service extension base" means an amount equal to
23that portion of the extension for the 1991 levy year
24constituting an extension for payment of principal and
25interest on bonds issued by the park district without
26referendum (but not including excluded non-referendum bonds).

 

 

SB2968- 13 -LRB102 22147 AWJ 31276 b

1A debt service extension base established or increased at any
2time pursuant to any provision of this Law, except Section
318-212, shall be increased each year commencing with the later
4of (i) the 2009 levy year or (ii) the first levy year in which
5this Law becomes applicable to the taxing district, by the
6lesser of 5% or the percentage increase in the Consumer Price
7Index during the 12-month calendar year preceding the levy
8year. The debt service extension base may be established or
9increased as provided under Section 18-212. "Excluded
10non-referendum bonds" means (i) bonds authorized by Public Act
1188-503 and issued under Section 20a of the Chicago Park
12District Act for aquarium and museum projects; (ii) bonds
13issued under Section 15 of the Local Government Debt Reform
14Act; or (iii) refunding obligations issued to refund or to
15continue to refund obligations initially issued pursuant to
16referendum.
17    "Special purpose extensions" include, but are not limited
18to, extensions for levies made on an annual basis for
19unemployment and workers' compensation, self-insurance,
20contributions to pension plans, and extensions made pursuant
21to Section 6-601 of the Illinois Highway Code for a road
22district's permanent road fund whether levied annually or not.
23The extension for a special service area is not included in the
24aggregate extension.
25    "Aggregate extension base" means the taxing district's
26last preceding aggregate extension as adjusted under Sections

 

 

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118-135, 18-215, 18-230, 18-206, and 18-233. An adjustment
2under Section 18-135 shall be made for the 2007 levy year and
3all subsequent levy years whenever one or more counties within
4which a taxing district is located (i) used estimated
5valuations or rates when extending taxes in the taxing
6district for the last preceding levy year that resulted in the
7over or under extension of taxes, or (ii) increased or
8decreased the tax extension for the last preceding levy year
9as required by Section 18-135(c). Whenever an adjustment is
10required under Section 18-135, the aggregate extension base of
11the taxing district shall be equal to the amount that the
12aggregate extension of the taxing district would have been for
13the last preceding levy year if either or both (i) actual,
14rather than estimated, valuations or rates had been used to
15calculate the extension of taxes for the last levy year, or
16(ii) the tax extension for the last preceding levy year had not
17been adjusted as required by subsection (c) of Section 18-135.
18    Notwithstanding any other provision of law, for levy year
192012, the aggregate extension base for West Northfield School
20District No. 31 in Cook County shall be $12,654,592.
21    Notwithstanding any other provision of law, for levy year
222022, the aggregate extension base of a home equity assurance
23program that levied at least $1,000,000 in property taxes in
24levy year 2019 or 2020 under the Home Equity Assurance Act
25shall be the amount that the program's aggregate extension
26base for levy year 2021 would have been if the program had

 

 

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1levied a property tax for levy year 2021.
2    For the purpose of determining the taxing district's
3aggregate extension base, the taxing district's last preceding
4aggregate extension shall not be reduced by the amount of any
5abatement granted under Section 8-3-20 of the Illinois
6Municipal Code.
7    "Levy year" has the same meaning as "year" under Section
81-155.
9    "New property" means (i) the assessed value, after final
10board of review or board of appeals action, of new
11improvements or additions to existing improvements on any
12parcel of real property that increase the assessed value of
13that real property during the levy year multiplied by the
14equalization factor issued by the Department under Section
1517-30, (ii) the assessed value, after final board of review or
16board of appeals action, of real property not exempt from real
17estate taxation, which real property was exempt from real
18estate taxation for any portion of the immediately preceding
19levy year, multiplied by the equalization factor issued by the
20Department under Section 17-30, including the assessed value,
21upon final stabilization of occupancy after new construction
22is complete, of any real property located within the
23boundaries of an otherwise or previously exempt military
24reservation that is intended for residential use and owned by
25or leased to a private corporation or other entity, (iii) in
26counties that classify in accordance with Section 4 of Article

 

 

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1IX of the Illinois Constitution, an incentive property's
2additional assessed value resulting from a scheduled increase
3in the level of assessment as applied to the first year final
4board of review market value, and (iv) any increase in
5assessed value due to oil or gas production from an oil or gas
6well required to be permitted under the Hydraulic Fracturing
7Regulatory Act that was not produced in or accounted for
8during the previous levy year. In addition, the county clerk
9in a county containing a population of 3,000,000 or more shall
10include in the 1997 recovered tax increment value for any
11school district, any recovered tax increment value that was
12applicable to the 1995 tax year calculations.
13    "Qualified airport authority" means an airport authority
14organized under the Airport Authorities Act and located in a
15county bordering on the State of Wisconsin and having a
16population in excess of 200,000 and not greater than 500,000.
17    "Recovered tax increment value" means, except as otherwise
18provided in this paragraph, the amount of the current year's
19equalized assessed value, in the first year after a
20municipality terminates the designation of an area as a
21redevelopment project area previously established under the
22Tax Increment Allocation Redevelopment Act in the Illinois
23Municipal Code, previously established under the Industrial
24Jobs Recovery Law in the Illinois Municipal Code, previously
25established under the Economic Development Project Area Tax
26Increment Act of 1995, or previously established under the

 

 

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1Economic Development Area Tax Increment Allocation Act, of
2each taxable lot, block, tract, or parcel of real property in
3the redevelopment project area over and above the initial
4equalized assessed value of each property in the redevelopment
5project area. For the taxes which are extended for the 1997
6levy year, the recovered tax increment value for a non-home
7rule taxing district that first became subject to this Law for
8the 1995 levy year because a majority of its 1994 equalized
9assessed value was in an affected county or counties shall be
10increased if a municipality terminated the designation of an
11area in 1993 as a redevelopment project area previously
12established under the Tax Increment Allocation Redevelopment
13Act in the Illinois Municipal Code, previously established
14under the Industrial Jobs Recovery Law in the Illinois
15Municipal Code, or previously established under the Economic
16Development Area Tax Increment Allocation Act, by an amount
17equal to the 1994 equalized assessed value of each taxable
18lot, block, tract, or parcel of real property in the
19redevelopment project area over and above the initial
20equalized assessed value of each property in the redevelopment
21project area. In the first year after a municipality removes a
22taxable lot, block, tract, or parcel of real property from a
23redevelopment project area established under the Tax Increment
24Allocation Redevelopment Act in the Illinois Municipal Code,
25the Industrial Jobs Recovery Law in the Illinois Municipal
26Code, or the Economic Development Area Tax Increment

 

 

SB2968- 18 -LRB102 22147 AWJ 31276 b

1Allocation Act, "recovered tax increment value" means the
2amount of the current year's equalized assessed value of each
3taxable lot, block, tract, or parcel of real property removed
4from the redevelopment project area over and above the initial
5equalized assessed value of that real property before removal
6from the redevelopment project area.
7    Except as otherwise provided in this Section, "limiting
8rate" means a fraction the numerator of which is the last
9preceding aggregate extension base times an amount equal to
10one plus the extension limitation defined in this Section and
11the denominator of which is the current year's equalized
12assessed value of all real property in the territory under the
13jurisdiction of the taxing district during the prior levy
14year. For those taxing districts that reduced their aggregate
15extension for the last preceding levy year, except for school
16districts that reduced their extension for educational
17purposes pursuant to Section 18-206, the highest aggregate
18extension in any of the last 3 preceding levy years shall be
19used for the purpose of computing the limiting rate. The
20denominator shall not include new property or the recovered
21tax increment value. If a new rate, a rate decrease, or a
22limiting rate increase has been approved at an election held
23after March 21, 2006, then (i) the otherwise applicable
24limiting rate shall be increased by the amount of the new rate
25or shall be reduced by the amount of the rate decrease, as the
26case may be, or (ii) in the case of a limiting rate increase,

 

 

SB2968- 19 -LRB102 22147 AWJ 31276 b

1the limiting rate shall be equal to the rate set forth in the
2proposition approved by the voters for each of the years
3specified in the proposition, after which the limiting rate of
4the taxing district shall be calculated as otherwise provided.
5In the case of a taxing district that obtained referendum
6approval for an increased limiting rate on March 20, 2012, the
7limiting rate for tax year 2012 shall be the rate that
8generates the approximate total amount of taxes extendable for
9that tax year, as set forth in the proposition approved by the
10voters; this rate shall be the final rate applied by the county
11clerk for the aggregate of all capped funds of the district for
12tax year 2012.
13(Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21;
14102-519, eff. 8-20-21; 102-558, eff. 8-20-21; revised
1510-5-21.)
 
16    Section 10. The Illinois Municipal Code is amended by
17adding Section 8-3-20 as follows:
 
18    (65 ILCS 5/8-3-20 new)
19    Sec. 8-3-20. Abatement of surplus levies.
20    If any municipality is, in the opinion of a majority of its
21corporate authorities then holding office, projected to
22collect a surplus of revenues from any source derived in any
23given fiscal year, the corporate authorities of such
24municipality may, by an ordinance approved by a majority of

 

 

SB2968- 20 -LRB102 22147 AWJ 31276 b

1such corporate authorities then holding office, declare the
2existence and amount of such projected surplus revenues.
3Thereafter, the corporate authorities may, by an ordinance
4approved by a majority of such corporate authorities then
5holding office (and which may be in the same ordinance
6declaring the existence and amount of the surplus), abate its
7property tax levy in an amount equal to such surplus. Any
8abatement under this Section shall be applied uniformly to all
9real property subject to taxation within the corporate
10boundaries of the municipality regardless of its
11classification or use and according to its equalized assessed
12valuation as provided by law.
13    For any municipality that is subject to the provisions of
14the Property Tax Extension Limitation Law, any amounts abated
15pursuant to this Section shall be considered as part of the
16municipality's aggregate extension for the fiscal year in
17question in order to permit such municipality's limiting rate
18to continue to grow in the normal course. This Section shall be
19liberally construed in order to permit municipalities to
20provide tax relief to property owners within their corporate
21boundaries without limiting the municipality's ability to levy
22property taxes in subsequent fiscal years. Accordingly, should
23this Section be deemed to conflict with any other statutory
24provision, this Section shall control to the extent necessary
25to avoid the conflict. For the purpose of determining the
26taxing district's aggregate extension base, the taxing

 

 

SB2968- 21 -LRB102 22147 AWJ 31276 b

1district's last preceding aggregate extension may not be
2reduced by the amount of any abatement granted under Section
38-3-20 of this Code.