Full Text of SB3314 97th General Assembly
SB3314sam001 97TH GENERAL ASSEMBLY | Sen. Don Harmon Filed: 3/5/2012
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| 1 | | AMENDMENT TO SENATE BILL 3314
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3314 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Sections 18-190 and 18-205 as follows:
| 6 | | (35 ILCS 200/18-190)
| 7 | | Sec. 18-190. Direct referendum; new rate or increased | 8 | | limiting rate. | 9 | | (a) If a new rate
is authorized by statute to be imposed | 10 | | without referendum or
is subject to a backdoor referendum, as | 11 | | defined in Section 28-2 of the Election
Code, the governing | 12 | | body of the affected taxing district before levying the new
| 13 | | rate shall submit the new rate to direct
referendum under the | 14 | | provisions of this Section and of Article 28 of the Election | 15 | | Code. Notwithstanding the provisions, requirements, or | 16 | | limitations of any other law, any tax levied for the 2005 levy |
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| 1 | | year and all subsequent levy years by any taxing district | 2 | | subject to this Law may be extended at a rate exceeding the | 3 | | rate established for that tax by referendum or statute, | 4 | | provided that the rate does not exceed the statutory ceiling | 5 | | above which the tax is not authorized to be further increased | 6 | | either by referendum or in any other manner. Notwithstanding | 7 | | the provisions, requirements, or limitations of any other law, | 8 | | all taxing districts subject to this Law shall follow the | 9 | | provisions of this Section whenever seeking referenda approval | 10 | | after March 21, 2006 to (i) levy a new tax rate authorized by | 11 | | statute or (ii) increase the limiting rate applicable to the | 12 | | taxing district. All taxing districts subject to this Law are | 13 | | authorized to seek referendum approval of each proposition | 14 | | described and set forth in this Section. | 15 | | The proposition seeking to obtain referendum approval to | 16 | | levy a new tax rate as authorized in clause (i) shall be in | 17 | | substantially the following form: | 18 | | Shall ... (insert legal name, number, if any, and | 19 | | county or counties of taxing district and geographic or | 20 | | other common name by which a school or community college | 21 | | district is known and referred to), Illinois, be authorized | 22 | | to levy a new tax for ... purposes and have an additional | 23 | | tax of ...% of the equalized assessed value of the taxable | 24 | | property therein extended for such purposes? | 25 | | The votes must be recorded as "Yes" or "No". | 26 | | The proposition seeking to obtain referendum approval to |
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| 1 | | increase the limiting rate as authorized in clause (ii) shall | 2 | | be in substantially the following form: | 3 | | Shall the limiting rate under the Property Tax | 4 | | Extension Limitation Law for ... (insert legal name, | 5 | | number, if any, and county or counties of taxing district | 6 | | and geographic or other common name by which a school or | 7 | | community college district is known and referred to), | 8 | | Illinois, be increased by an additional amount equal to | 9 | | ...% above the limiting rate for the purpose of...(insert | 10 | | purpose) for levy year ... (insert the most recent levy | 11 | | year for which the limiting rate of the taxing district is | 12 | | known at the time the submission of the proposition is | 13 | | initiated by the taxing district) and be equal to ...% of | 14 | | the equalized assessed value of the taxable property | 15 | | therein for levy year(s) (insert each levy year for which | 16 | | the increase will be applicable,
which years must be | 17 | | consecutive and may not exceed 4)? | 18 | | The votes must be recorded as "Yes" or "No". | 19 | | The ballot for any proposition submitted pursuant to this | 20 | | Section shall have printed thereon, but not as a part of the | 21 | | proposition submitted, only the following supplemental | 22 | | information (which shall be supplied to the election authority | 23 | | by the taxing district) in substantially the following form: | 24 | | (1) The approximate amount of taxes extendable at the | 25 | | most recently extended
limiting rate is $..., and the | 26 | | approximate amount of taxes extendable if the
proposition |
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| 1 | | is approved is $.... | 2 | | (2) For the ... (insert the first levy year for which | 3 | | the new rate or increased
limiting rate will be applicable) | 4 | | levy year the approximate amount of the additional tax
| 5 | | extendable against property containing a single family | 6 | | residence and having a fair market
value at the time of the | 7 | | referendum of $100,000 is estimated to be $.... | 8 | | (3) Based upon an average annual percentage increase | 9 | | (or decrease) in the market
value of such property of %... | 10 | | (insert percentage equal to the average annual percentage
| 11 | | increase or decrease for the prior 3 levy years, at the | 12 | | time the submission of the
proposition is initiated by the | 13 | | taxing district, in the amount of (A) the equalized | 14 | | assessed
value of the taxable property in the taxing | 15 | | district less (B) the new property included in the
| 16 | | equalized assessed value), the approximate amount of the | 17 | | additional tax extendable against
such property for the ... | 18 | | levy year is estimated to be $... and for the ... levy
year | 19 | | is estimated to be $
.... | 20 | | (4) If the proposition is approved, the aggregate | 21 | | extension for ... (insert each levy year for which the | 22 | | increase will apply) will be determined by the limiting | 23 | | rate set forth in the proposition, rather than the | 24 | | otherwise applicable limiting rate calculated under the | 25 | | provisions of the Property Tax Extension Limitation Law | 26 | | (commonly known as the Property Tax Cap Law). |
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| 1 | | The approximate amount of taxes extendable shown in paragraph | 2 | | (1) shall be computed upon the last known equalized assessed | 3 | | value of taxable property in the taxing district (at the time | 4 | | the submission of the proposition is initiated by the taxing | 5 | | district). Paragraph (3) shall be included only if the | 6 | | increased limiting rate will be applicable for more than one | 7 | | levy year and shall list each levy year for which the increased | 8 | | limiting rate will be applicable. The additional tax shown for | 9 | | each levy year shall be the approximate dollar amount of the | 10 | | increase over the amount of the most recently completed | 11 | | extension at the time the submission of the proposition is | 12 | | initiated by the taxing district. The approximate amount of the | 13 | | additional taxes extendable shown in paragraphs (2) and (3) | 14 | | shall be calculated by multiplying $100,000 (the fair market | 15 | | value of the property without regard to any property tax | 16 | | exemptions) by (i) the percentage level of assessment | 17 | | prescribed for that property by statute, or by ordinance of the | 18 | | county board in counties that classify property for purposes of | 19 | | taxation in accordance with Section 4 of Article IX of the | 20 | | Illinois Constitution; (ii) the most recent final equalization | 21 | | factor certified to the county clerk by the Department of | 22 | | Revenue at the time the taxing district initiates the | 23 | | submission of the proposition to the electors; and (iii) either | 24 | | the new rate or the amount by which the limiting rate is to be | 25 | | increased. (i) without regard to any property tax exemptions | 26 | | and (ii) based upon the percentage level of assessment |
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| 1 | | prescribed for such property by statute or by ordinance of the | 2 | | county board in counties which classify property for purposes | 3 | | of taxation in accordance with Section 4 of Article IX of the | 4 | | Constitution. Paragraph (4) shall be included if the | 5 | | proposition concerns a limiting rate increase but shall not be | 6 | | included if the proposition concerns a new rate. Any notice | 7 | | required to be published in connection with the submission of | 8 | | the proposition shall also contain this supplemental | 9 | | information and shall not contain any other supplemental | 10 | | information regarding the proposition. Any error, | 11 | | miscalculation, or inaccuracy in computing any amount set forth | 12 | | on the ballot and in the notice that is not deliberate shall | 13 | | not invalidate or affect the validity of any proposition | 14 | | approved. Notice of the referendum shall be published and | 15 | | posted as otherwise required by law, and the submission of the | 16 | | proposition shall be initiated as provided by law. | 17 | | If a majority of all ballots cast on the proposition are in | 18 | | favor of the proposition, the following provisions shall be | 19 | | applicable to the extension of taxes for the taxing district: | 20 | | (A) a new tax rate shall be first effective for the | 21 | | levy year in which the new rate is approved; | 22 | | (B) if the proposition provides for a new tax rate, the | 23 | | taxing district is authorized to levy a tax after the | 24 | | canvass of the results of the referendum by the election | 25 | | authority for the purposes for which the tax is authorized; | 26 | | (C) a limiting rate increase shall be first effective |
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| 1 | | for the levy year in which the limiting rate increase is | 2 | | approved, provided that the taxing district may elect to | 3 | | have a limiting rate increase be effective for the levy | 4 | | year prior to the levy year in which the limiting rate | 5 | | increase is approved unless the extension of taxes for the | 6 | | prior levy year occurs 30 days or less after the canvass of | 7 | | the results of the referendum by the election authority in | 8 | | any county in which the taxing district is located; | 9 | | (D) in order for the limiting rate increase to be first | 10 | | effective for the levy year prior to the levy year of the | 11 | | referendum, the taxing district must certify its election | 12 | | to have the limiting rate increase be effective for the | 13 | | prior levy year to the clerk of each county in which the | 14 | | taxing district is located not more than 2 days after the | 15 | | date the results of the referendum are canvassed by the | 16 | | election authority; and | 17 | | (E) if the proposition provides for a limiting rate | 18 | | increase, the increase may be effective regardless of | 19 | | whether the proposition is approved before or after the | 20 | | taxing district adopts or files its levy for any levy year.
| 21 | | Rates
required to extend taxes on levies subject to a | 22 | | backdoor referendum in each
year there is a levy are not new | 23 | | rates or rate increases under this Section if
a
levy has been | 24 | | made for the fund in one or more of the preceding 3 levy
years. | 25 | | Changes made by this amendatory Act of 1997 to this Section in
| 26 | | reference to rates required to extend taxes on levies subject |
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| 1 | | to a backdoor
referendum in each year there is a levy are | 2 | | declarative of existing law and not
a new enactment. | 3 | | (b) Whenever other applicable law authorizes a taxing | 4 | | district
subject to the
limitation
with respect to its | 5 | | aggregate extension provided for in this Law to issue bonds
or | 6 | | other obligations either without referendum or subject to | 7 | | backdoor
referendum, the taxing district may elect for each | 8 | | separate bond issuance to
submit the question of the issuance | 9 | | of the bonds or obligations directly to the
voters of the | 10 | | taxing district, and if the referendum passes the taxing
| 11 | | district is not required to comply with any backdoor referendum
| 12 | | procedures or requirements set forth in the other applicable | 13 | | law. The
direct referendum shall be initiated by ordinance or | 14 | | resolution of the
governing body of the taxing district, and | 15 | | the question shall be certified
to the proper election | 16 | | authorities in accordance with the provisions of the
Election | 17 | | Code.
| 18 | | (Source: P.A. 96-764, eff. 8-25-09.)
| 19 | | (35 ILCS 200/18-205)
| 20 | | Sec. 18-205. Referendum to increase the extension | 21 | | limitation. A taxing
district is limited to an extension | 22 | | limitation of 5% or the percentage increase
in the Consumer | 23 | | Price Index during the 12-month calendar year preceding the
| 24 | | levy year, whichever is less. A taxing district may increase | 25 | | its extension
limitation for one or more levy years if that |
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| 1 | | taxing district holds a referendum
before the levy date for the | 2 | | first levy year at which a majority of voters voting on the | 3 | | issue approves
adoption of a higher extension limitation. | 4 | | Referenda shall be conducted at a
regularly scheduled election | 5 | | in accordance with the Election Code. The question shall be | 6 | | presented in
substantially the following manner for all | 7 | | elections held after March 21, 2006:
| 8 | | Shall the extension limitation under the Property Tax | 9 | | Extension Limitation Law for (insert the legal name, | 10 | | number, if any, and county or counties of the taxing | 11 | | district and geographic or other common name by which a | 12 | | school or community college district is known and referred | 13 | | to), Illinois, be increased from the lesser of 5% or the | 14 | | percentage increase in the Consumer Price Index over the | 15 | | prior levy year to (insert the percentage of the proposed | 16 | | increase)% per year for (insert each levy year for which | 17 | | the increased extension limitation will apply)? | 18 | | The votes must be recorded as "Yes" or "No".
| 19 | | If a majority of voters voting on the issue approves the | 20 | | adoption of
the increase, the increase shall be applicable for | 21 | | each
levy year specified.
| 22 | | The ballot for any question submitted pursuant to this | 23 | | Section shall have printed thereon, but not as a part of the | 24 | | question submitted, only the following supplemental | 25 | | information (which shall be supplied to the election authority | 26 | | by the taxing district) in substantially the following form: |
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| 1 | | (1) For the (insert the first levy year for which the | 2 | | increased extension
limitation will be applicable) levy | 3 | | year the approximate amount of the additional tax
| 4 | | extendable against property containing a single family | 5 | | residence and having a fair market
value at the time of the | 6 | | referendum of $100,000 is estimated to be $.... | 7 | | (2) Based upon an average annual percentage increase | 8 | | (or decrease) in the
market value of such property of ...% | 9 | | (insert percentage equal to the average
annual percentage | 10 | | increase or decrease for the prior 3 levy years, at the | 11 | | time the
submission of the question is initiated by the | 12 | | taxing district, in the amount of (A) the
equalized | 13 | | assessed value of the taxable property in the taxing | 14 | | district less (B) the new
property included in the | 15 | | equalized assessed value), the approximate amount of the
| 16 | | additional tax extendable against such property for the ... | 17 | | levy year is estimated to be
$... and for the ... levy year | 18 | | is estimated to be $.... | 19 | | Paragraph (2) shall be included only if the increased | 20 | | extension limitation will be applicable for more than one year | 21 | | and shall list each levy year for which the increased extension | 22 | | limitation will be applicable. The additional tax shown for | 23 | | each levy year shall be the approximate dollar amount of the | 24 | | increase over the amount of the most recently completed | 25 | | extension at the time the submission of the question is | 26 | | initiated by the taxing district. The approximate amount of the |
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| 1 | | additional tax extendable shown in paragraphs (1) and (2) shall | 2 | | be calculated by multiplying $100,000 (the fair market value of | 3 | | the property without regard to any property tax exemptions) by | 4 | | (i) the percentage level of assessment prescribed for that | 5 | | property by statute, or by ordinance of the county board in | 6 | | counties that classify property for purposes of taxation in | 7 | | accordance with Section 4 of Article IX of the Illinois | 8 | | Constitution; (ii) the most recent final equalization factor | 9 | | certified to the county clerk by the Department of Revenue at | 10 | | the time the taxing district initiates the submission of the | 11 | | proposition to the electors; (iii) the last known aggregate | 12 | | extension base of the taxing district at the time the | 13 | | submission of the question is initiated by the taxing district; | 14 | | and (iv) the difference between the percentage increase | 15 | | proposed in the question and the lesser of 5% or the percentage | 16 | | increase in the Consumer Price Index for the prior levy year | 17 | | (or an estimate of the percentage increase for the prior levy | 18 | | year if the increase is unavailable at the time the submission | 19 | | of the question is initiated by the taxing district); and | 20 | | dividing the result by the last known equalized assessed value | 21 | | of the taxing district at the time the submission of the | 22 | | question is initiated by the taxing district. using (A) the | 23 | | lesser of 5% or the percentage increase in the Consumer Price | 24 | | Index for the prior levy year (or an estimate of the percentage | 25 | | increase for the prior levy year if the increase is unavailable | 26 | | at the time the submission of the question is initiated by the |
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| 1 | | taxing district), (B) the percentage increase proposed in the | 2 | | question, and (C) the last known equalized assessed value and | 3 | | aggregate extension base of the taxing district at the time the | 4 | | submission of the question is initiated by the taxing district. | 5 | | The approximate amount of the tax extendable shall be | 6 | | calculated (i) without regard to any property tax exemptions | 7 | | and (ii) based upon the percentage level of assessment | 8 | | prescribed for such property by statute or by ordinance of the | 9 | | county board in counties which classify property for purposes | 10 | | of taxation in accordance with Section 4 of Article IX of the | 11 | | Constitution. Any notice required to be published in connection | 12 | | with the submission of the question shall also contain this | 13 | | supplemental information and shall not contain any other | 14 | | supplemental information. Any error, miscalculation, or | 15 | | inaccuracy in computing any amount set forth on the ballot or | 16 | | in the notice that is not deliberate shall not invalidate or | 17 | | affect the validity of any proposition approved. Notice of the | 18 | | referendum shall be published and posted as otherwise required | 19 | | by law, and the submission of the question shall be initiated | 20 | | as provided by law.
| 21 | | (Source: P.A. 94-976, eff. 6-30-06.)
| 22 | | Section 99. Effective date. This Act takes effect upon | 23 | | becoming law.".
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