Full Text of SB0482 100th General Assembly
SB0482sam001 100TH GENERAL ASSEMBLY | Sen. John J. Cullerton Filed: 5/23/2017
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| 1 | | AMENDMENT TO SENATE BILL 482
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 482 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Sections 18-185, 18-205, 18-213, and 18-214 and by adding | 6 | | Section 18-242 as follows: | 7 | | (35 ILCS 200/18-185)
| 8 | | (Text of Section before amendment by P.A. 99-521 ) | 9 | | Sec. 18-185. Short title; definitions. This Division 5 may | 10 | | be cited as the
Property Tax Extension Limitation Law. As used | 11 | | in this Division 5:
| 12 | | "Consumer Price Index" means the Consumer Price Index for | 13 | | All Urban
Consumers for all items published by the United | 14 | | States Department of Labor.
| 15 | | "Extension limitation" , except as otherwise provided in | 16 | | this paragraph, means (a) the lesser of 5% or the percentage |
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| 1 | | increase
in the Consumer Price Index during the 12-month | 2 | | calendar year preceding the
levy year or (b) the rate of | 3 | | increase approved by voters under Section 18-205.
For levy | 4 | | years 2017 and 2018 only, for taxing districts other than | 5 | | school districts, "extension limitation" means 0% or the rate | 6 | | of increase approved by the voters under Section 18-205. For | 7 | | levy years 2017 and 2018, if a special purpose extension (i) | 8 | | made for the payment of principal and interest on bonds or | 9 | | other evidences of indebtedness issued by the taxing district | 10 | | or (ii) made for contributions to a pension fund created under | 11 | | the Illinois Pension Code was required to be included in a | 12 | | school district's aggregate extension for the 2016 levy year, | 13 | | then the extension limitation for those extensions for levy | 14 | | years 2017 and 2018 shall be (1) the lesser of 5% or the | 15 | | percentage increase
in the Consumer Price Index during the | 16 | | 12-month calendar year preceding the
levy year or (2) the rate | 17 | | of increase approved by voters under Section 18-205. For levy | 18 | | years 2017 and 2018, for school districts that were subject to | 19 | | this Law in the 2016 levy year, "extension limitation" means | 20 | | (1) the lesser of 5% or the percentage increase
in the Consumer | 21 | | Price Index during the 12-month calendar year preceding the
| 22 | | levy year or (2) the rate of increase approved by voters under | 23 | | Section 18-205.
| 24 | | "Affected county" means a county of 3,000,000 or more | 25 | | inhabitants or a
county contiguous to a county of 3,000,000 or | 26 | | more inhabitants.
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| 1 | | "Taxing district" has the same meaning provided in Section | 2 | | 1-150, except as
otherwise provided in this Section. For the | 3 | | 1991 through 1994 levy years only,
"taxing district" includes | 4 | | only each non-home rule taxing district having the
majority of | 5 | | its
1990 equalized assessed value within any county or counties | 6 | | contiguous to a
county with 3,000,000 or more inhabitants. | 7 | | Beginning with the 1995 levy
year, "taxing district" includes | 8 | | only each non-home rule taxing district
subject to this Law | 9 | | before the 1995 levy year and each non-home rule
taxing | 10 | | district not subject to this Law before the 1995 levy year | 11 | | having the
majority of its 1994 equalized assessed value in an | 12 | | affected county or
counties. Beginning with the levy year in
| 13 | | which this Law becomes applicable to a taxing district as
| 14 | | provided in Section 18-213, "taxing district" also includes | 15 | | those taxing
districts made subject to this Law as provided in | 16 | | Section 18-213.
For levy years 2017 and 2018, "taxing district" | 17 | | has the same meaning provided in Section 1-150, and includes | 18 | | home rule units, but does not include the City of Chicago or | 19 | | school districts that were not subject to this Law in the 2016 | 20 | | levy year.
| 21 | | "Aggregate extension" for taxing districts to which this | 22 | | Law applied before
the 1995 levy year means , except with | 23 | | respect to levy years 2017 and 2018, the annual corporate | 24 | | extension for the taxing
district and those special purpose | 25 | | extensions that are made annually for
the taxing district, | 26 | | excluding special purpose extensions: (a) made for the
taxing |
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| 1 | | district to pay interest or principal on general obligation | 2 | | bonds
that were approved by referendum; (b) made for any taxing | 3 | | district to pay
interest or principal on general obligation | 4 | | bonds issued before October 1,
1991; (c) made for any taxing | 5 | | district to pay interest or principal on bonds
issued to refund | 6 | | or continue to refund those bonds issued before October 1,
| 7 | | 1991; (d)
made for any taxing district to pay interest or | 8 | | principal on bonds
issued to refund or continue to refund bonds | 9 | | issued after October 1, 1991 that
were approved by referendum; | 10 | | (e)
made for any taxing district to pay interest
or principal | 11 | | on revenue bonds issued before October 1, 1991 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 October 1, 1991, to | 20 | | pay for the building project; (g) made for payments
due under | 21 | | installment contracts entered into before October 1, 1991;
(h) | 22 | | made for payments of principal and interest on bonds issued | 23 | | under the
Metropolitan Water Reclamation District Act to | 24 | | finance construction projects
initiated before October 1, | 25 | | 1991; (i) made for payments of principal and
interest on | 26 | | limited bonds, as defined in Section 3 of the Local Government |
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| 1 | | Debt
Reform Act, in an amount not to exceed the debt service | 2 | | extension base less
the amount in items (b), (c), (e), and (h) | 3 | | of this definition for
non-referendum obligations, except | 4 | | obligations initially issued pursuant to
referendum; (j) made | 5 | | for payments of principal and interest on bonds
issued under | 6 | | Section 15 of the Local Government Debt Reform Act; (k)
made
by | 7 | | a school district that participates in the Special Education | 8 | | District of
Lake County, created by special education joint | 9 | | agreement under Section
10-22.31 of the School Code, for | 10 | | payment of the school district's share of the
amounts required | 11 | | to be contributed by the Special Education District of Lake
| 12 | | County to the Illinois Municipal Retirement Fund under Article | 13 | | 7 of the
Illinois Pension Code; the amount of any extension | 14 | | under this item (k) shall be
certified by the school district | 15 | | to the county clerk; (l) made to fund
expenses of providing | 16 | | joint recreational programs for persons with disabilities | 17 | | under
Section 5-8 of
the
Park District Code or Section 11-95-14 | 18 | | of the Illinois Municipal Code; (m) made for temporary | 19 | | relocation loan repayment purposes pursuant to Sections 2-3.77 | 20 | | and 17-2.2d of the School Code; (n) made for payment of | 21 | | principal and interest on any bonds issued under the authority | 22 | | of Section 17-2.2d of the School Code; (o) made for | 23 | | contributions to a firefighter's pension fund created under | 24 | | Article 4 of the Illinois Pension Code, to the extent of the | 25 | | amount certified under item (5) of Section 4-134 of the | 26 | | Illinois Pension Code; and (p) made for road purposes in the |
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| 1 | | first year after a township assumes the rights, powers, duties, | 2 | | assets, property, liabilities, obligations, and
| 3 | | responsibilities of a road district abolished under the | 4 | | provisions of Section 6-133 of the Illinois Highway Code.
For | 5 | | levy years 2017 and 2018, this definition of "aggregate | 6 | | extension" applies to each school district that was subject to | 7 | | this definition of "aggregate extension" for the 2016 levy | 8 | | year.
| 9 | | "Aggregate extension" for the taxing districts to which | 10 | | this Law did not
apply before the 1995 levy year (except taxing | 11 | | districts subject to this Law
in
accordance with Section | 12 | | 18-213) means , except with respect to levy years 2017 and 2018, | 13 | | the annual corporate extension for the
taxing district and | 14 | | those special purpose extensions that are made annually for
the | 15 | | taxing district, excluding special purpose extensions: (a) | 16 | | made for the
taxing district to pay interest or principal on | 17 | | general obligation bonds that
were approved by referendum; (b) | 18 | | made for any taxing district to pay interest
or principal on | 19 | | general obligation bonds issued before March 1, 1995; (c) made
| 20 | | for any taxing district to pay interest or principal on bonds | 21 | | issued to refund
or continue to refund those bonds issued | 22 | | before March 1, 1995; (d) made for any
taxing district to pay | 23 | | interest or principal on bonds issued to refund or
continue to | 24 | | refund bonds issued after March 1, 1995 that were approved by
| 25 | | referendum; (e) made for any taxing district to pay interest or | 26 | | principal on
revenue bonds issued before March 1, 1995 for |
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| 1 | | payment of which a property tax
levy or the full faith and | 2 | | credit of the unit of local government is pledged;
however, a | 3 | | tax for the payment of interest or principal on those bonds | 4 | | shall be
made only after the governing body of the unit of | 5 | | local government finds that
all other sources for payment are | 6 | | insufficient to make those payments; (f) made
for payments | 7 | | under a building commission lease when the lease payments are | 8 | | for
the retirement of bonds issued by the commission before | 9 | | March 1, 1995 to
pay for the building project; (g) made for | 10 | | payments due under installment
contracts entered into before | 11 | | March 1, 1995; (h) made for payments of
principal and interest | 12 | | on bonds issued under the Metropolitan Water Reclamation
| 13 | | District Act to finance construction projects initiated before | 14 | | October 1,
1991; (h-4) made for stormwater management purposes | 15 | | by the Metropolitan Water Reclamation District of Greater | 16 | | Chicago under Section 12 of the Metropolitan Water Reclamation | 17 | | District Act; (i) made for payments of principal and interest | 18 | | on limited bonds,
as defined in Section 3 of the Local | 19 | | Government Debt Reform Act, in an amount
not to exceed the debt | 20 | | service extension base less the amount in items (b),
(c), and | 21 | | (e) of this definition for non-referendum obligations, except
| 22 | | obligations initially issued pursuant to referendum and bonds | 23 | | described in
subsection (h) of this definition; (j) made for | 24 | | payments of
principal and interest on bonds issued under | 25 | | Section 15 of the Local Government
Debt Reform Act; (k) made | 26 | | for payments of principal and interest on bonds
authorized by |
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| 1 | | Public Act 88-503 and issued under Section 20a of the Chicago
| 2 | | Park District Act for aquarium or
museum projects; (l) made for | 3 | | payments of principal and interest on
bonds
authorized by | 4 | | Public Act 87-1191 or 93-601 and (i) issued pursuant to Section | 5 | | 21.2 of the Cook County Forest
Preserve District Act, (ii) | 6 | | issued under Section 42 of the Cook County
Forest Preserve | 7 | | District Act for zoological park projects, or (iii) issued
| 8 | | under Section 44.1 of the Cook County Forest Preserve District | 9 | | Act for
botanical gardens projects; (m) made
pursuant
to | 10 | | Section 34-53.5 of the School Code, whether levied annually or | 11 | | not;
(n) made to fund expenses of providing joint recreational | 12 | | programs for persons with disabilities under Section 5-8 of the | 13 | | Park
District Code or Section 11-95-14 of the Illinois | 14 | | Municipal Code;
(o) made by the
Chicago Park
District for | 15 | | recreational programs for persons with disabilities under | 16 | | subsection (c) of
Section
7.06 of the Chicago Park District | 17 | | Act; (p) made for contributions to a firefighter's pension fund | 18 | | created under Article 4 of the Illinois Pension Code, to the | 19 | | extent of the amount certified under item (5) of Section 4-134 | 20 | | of the Illinois Pension Code; and (q) made by Ford Heights | 21 | | School District 169 under Section 17-9.02 of the School Code.
| 22 | | For levy years 2017 and 2018, this definition of "aggregate | 23 | | extension" applies to each school district that was subject to | 24 | | this definition of "aggregate extension" for the 2016 levy | 25 | | year.
| 26 | | "Aggregate extension" for all taxing districts to which |
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| 1 | | this Law applies in
accordance with Section 18-213, except for | 2 | | those taxing districts subject to
paragraph (2) of subsection | 3 | | (e) of Section 18-213, means , except with respect to levy years | 4 | | 2017 and 2018, the annual corporate
extension for the
taxing | 5 | | district and those special purpose extensions that are made | 6 | | annually for
the taxing district, excluding special purpose | 7 | | extensions: (a) made for the
taxing district to pay interest or | 8 | | principal on general obligation bonds that
were approved by | 9 | | referendum; (b) made for any taxing district to pay interest
or | 10 | | principal on general obligation bonds issued before the date on | 11 | | which the
referendum making this
Law applicable to the taxing | 12 | | district is held; (c) made
for any taxing district to pay | 13 | | interest or principal on bonds issued to refund
or continue to | 14 | | refund those bonds issued before the date on which the
| 15 | | referendum making this Law
applicable to the taxing district is | 16 | | held;
(d) made for any
taxing district to pay interest or | 17 | | principal on bonds issued to refund or
continue to refund bonds | 18 | | issued after the date on which the referendum making
this Law
| 19 | | applicable to the taxing district is held if the bonds were | 20 | | approved by
referendum after the date on which the referendum | 21 | | making this Law
applicable to the taxing district is held; (e) | 22 | | made for any
taxing district to pay interest or principal on
| 23 | | revenue bonds issued before the date on which the referendum | 24 | | making this Law
applicable to the
taxing district is held for | 25 | | payment of which a property tax
levy or the full faith and | 26 | | credit of the unit of local government is pledged;
however, a |
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| 1 | | tax for the payment of interest or principal on those bonds | 2 | | shall be
made only after the governing body of the unit of | 3 | | local government finds that
all other sources for payment are | 4 | | insufficient to make those payments; (f) made
for payments | 5 | | under a building commission lease when the lease payments are | 6 | | for
the retirement of bonds issued by the commission before the | 7 | | date on which the
referendum making this
Law applicable to the | 8 | | taxing district is held to
pay for the building project; (g) | 9 | | made for payments due under installment
contracts entered into | 10 | | before the date on which the referendum making this Law
| 11 | | applicable to
the taxing district is held;
(h) made for | 12 | | payments
of principal and interest on limited bonds,
as defined | 13 | | in Section 3 of the Local Government Debt Reform Act, in an | 14 | | amount
not to exceed the debt service extension base less the | 15 | | amount in items (b),
(c), and (e) of this definition for | 16 | | non-referendum obligations, except
obligations initially | 17 | | issued pursuant to referendum; (i) made for payments
of
| 18 | | principal and interest on bonds issued under Section 15 of the | 19 | | Local Government
Debt Reform Act;
(j)
made for a qualified | 20 | | airport authority to pay interest or principal on
general | 21 | | obligation bonds issued for the purpose of paying obligations | 22 | | due
under, or financing airport facilities required to be | 23 | | acquired, constructed,
installed or equipped pursuant to, | 24 | | contracts entered into before March
1, 1996 (but not including | 25 | | any amendments to such a contract taking effect on
or after | 26 | | that date); (k) made to fund expenses of providing joint
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| 1 | | recreational programs for persons with disabilities under | 2 | | Section 5-8 of
the
Park District Code or Section 11-95-14 of | 3 | | the Illinois Municipal Code; (l) 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 (m) made for the taxing district to pay interest or | 8 | | principal on general obligation bonds issued pursuant to | 9 | | Section 19-3.10 of the School Code.
For levy years 2017 and | 10 | | 2018, this definition of "aggregate extension" applies to each | 11 | | school district that was subject to this definition of | 12 | | "aggregate extension" for the 2016 levy year.
| 13 | | "Aggregate extension" for all taxing districts to which | 14 | | this Law applies in
accordance with paragraph (2) of subsection | 15 | | (e) of Section 18-213 means , except with respect to levy years | 16 | | 2017 and 2018, the
annual corporate extension for the
taxing | 17 | | district and those special purpose extensions that are made | 18 | | annually for
the taxing district, excluding special purpose | 19 | | extensions: (a) made for the
taxing district to pay interest or | 20 | | principal on general obligation bonds that
were approved by | 21 | | referendum; (b) made for any taxing district to pay interest
or | 22 | | principal on general obligation bonds issued before the | 23 | | effective date of
this amendatory Act of 1997;
(c) made
for any | 24 | | taxing district to pay interest or principal on bonds issued to | 25 | | refund
or continue to refund those bonds issued before the | 26 | | effective date
of this amendatory Act of 1997;
(d) made for any
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| 1 | | taxing district to pay interest or principal on bonds issued to | 2 | | refund or
continue to refund bonds issued after the effective | 3 | | date of this amendatory Act
of 1997 if the bonds were approved | 4 | | by referendum after the effective date of
this amendatory Act | 5 | | of 1997;
(e) made for any
taxing district to pay interest or | 6 | | principal on
revenue bonds issued before the effective date of | 7 | | this amendatory Act of 1997
for payment of which a property tax
| 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
| 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 effective date
of this | 16 | | amendatory Act of 1997
to
pay for the building project; (g) | 17 | | made for payments due under installment
contracts entered into | 18 | | before the effective date of this amendatory Act of
1997;
(h) | 19 | | made for payments
of principal and interest on limited bonds,
| 20 | | as defined in Section 3 of the Local Government Debt Reform | 21 | | Act, in an amount
not to exceed the debt service extension base | 22 | | less the amount in items (b),
(c), and (e) of this definition | 23 | | for non-referendum obligations, except
obligations initially | 24 | | issued pursuant to referendum; (i) made for payments
of
| 25 | | principal and interest on bonds issued under Section 15 of the | 26 | | Local Government
Debt Reform Act;
(j)
made for a qualified |
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| 1 | | airport authority to pay interest or principal on
general | 2 | | obligation bonds issued for the purpose of paying obligations | 3 | | due
under, or financing airport facilities required to be | 4 | | acquired, constructed,
installed or equipped pursuant to, | 5 | | contracts entered into before March
1, 1996 (but not including | 6 | | any amendments to such a contract taking effect on
or after | 7 | | that date); (k) made to fund expenses of providing joint
| 8 | | recreational programs for persons with disabilities under | 9 | | Section 5-8 of
the
Park District Code or Section 11-95-14 of | 10 | | the Illinois Municipal Code; and (l) made for contributions to | 11 | | a firefighter's pension fund created under Article 4 of the | 12 | | Illinois Pension Code, to the extent of the amount certified | 13 | | under item (5) of Section 4-134 of the Illinois Pension Code.
| 14 | | For levy years 2017 and 2018, this definition of "aggregate | 15 | | extension" applies to each school district that was subject to | 16 | | this definition of "aggregate extension" for the 2016 levy | 17 | | year.
| 18 | | "Aggregate extension", except with respect to school | 19 | | districts, for levy years 2017 and 2018, means the annual | 20 | | corporate extension for the taxing district and those special | 21 | | purpose extensions that are made annually for the taxing | 22 | | district, excluding special purpose extensions: (a) made for | 23 | | the payment of principal and interest on bonds or other | 24 | | evidences of indebtedness issued by the taxing district; or (b) | 25 | | made for contributions to a pension fund created under the | 26 | | Illinois Pension Code. Notwithstanding the provisions of this |
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| 1 | | definition of "aggregate extension", if a special purpose | 2 | | extension (i) made for the payment of principal and interest on | 3 | | bonds or other evidences of indebtedness issued by the taxing | 4 | | district or (ii) made for contributions to a pension fund | 5 | | created under the Illinois Pension Code was required to be | 6 | | included in a taxing district's aggregate extension for the | 7 | | 2016 levy year, then that special purpose extension is also | 8 | | included in the taxing district's aggregate extension for levy | 9 | | years 2017 and 2018; provided that the extension limitation for | 10 | | those extensions for levy years 2017 and 2018 shall be (1) the | 11 | | lesser of 5% or the percentage increase
in the Consumer Price | 12 | | Index during the 12-month calendar year preceding the
levy year | 13 | | or (2) the rate of increase approved by voters under Section | 14 | | 18-205. | 15 | | "Debt service extension base" means an amount equal to that | 16 | | portion of the
extension for a taxing district for the 1994 | 17 | | levy year, or for those taxing
districts subject to this Law in | 18 | | accordance with Section 18-213, except for
those subject to | 19 | | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| 20 | | year in which the referendum making this Law applicable to the | 21 | | taxing district
is held, or for those taxing districts subject | 22 | | to this Law in accordance with
paragraph (2) of subsection (e) | 23 | | of Section 18-213 for the 1996 levy year , or for those taxing
| 24 | | districts that become subject to this Law as a result of this | 25 | | amendatory Act of the 100th General Assembly for the 2016 levy | 26 | | year ,
constituting an
extension for payment of principal and |
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| 1 | | interest on bonds issued by the taxing
district without | 2 | | referendum, but not including excluded non-referendum bonds. | 3 | | For park districts (i) that were first
subject to this Law in | 4 | | 1991 or 1995 and (ii) whose extension for the 1994 levy
year | 5 | | for the payment of principal and interest on bonds issued by | 6 | | the park
district without referendum (but not including | 7 | | excluded non-referendum bonds)
was less than 51% of the amount | 8 | | for the 1991 levy year constituting an
extension for payment of | 9 | | principal and interest on bonds issued by the park
district | 10 | | without referendum (but not including excluded non-referendum | 11 | | bonds),
"debt service extension base" means an amount equal to | 12 | | that portion of the
extension for the 1991 levy year | 13 | | constituting an extension for payment of
principal and interest | 14 | | on bonds issued by the park district without referendum
(but | 15 | | not including excluded non-referendum bonds). A debt service | 16 | | extension base established or increased at any time pursuant to | 17 | | any provision of this Law, except Section 18-212, shall be | 18 | | increased each year commencing with the later of (i) the 2009 | 19 | | levy year or (ii) the first levy year in which this Law becomes | 20 | | applicable to the taxing district, by the lesser of 5% or the | 21 | | percentage increase in the Consumer Price Index during the | 22 | | 12-month calendar year preceding the levy year. The debt | 23 | | service extension
base may be established or increased as | 24 | | provided under Section 18-212.
"Excluded non-referendum bonds" | 25 | | means (i) bonds authorized by Public
Act 88-503 and issued | 26 | | under Section 20a of the Chicago Park District Act for
aquarium |
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| 1 | | and museum projects; (ii) bonds issued under Section 15 of the
| 2 | | Local Government Debt Reform Act; or (iii) refunding | 3 | | obligations issued
to refund or to continue to refund | 4 | | obligations initially issued pursuant to
referendum.
| 5 | | "Special purpose extensions" include, but are not limited | 6 | | to, extensions
for levies made on an annual basis for | 7 | | unemployment and workers'
compensation, self-insurance, | 8 | | contributions to pension plans, and extensions
made pursuant to | 9 | | Section 6-601 of the Illinois Highway Code for a road
| 10 | | district's permanent road fund whether levied annually or not. | 11 | | The
extension for a special service area is not included in the
| 12 | | aggregate extension.
| 13 | | "Aggregate extension base" means the taxing district's | 14 | | last preceding
aggregate extension as adjusted under Sections | 15 | | 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 | 16 | | shall be made for the 2007 levy year and all subsequent levy | 17 | | years whenever one or more counties within which a taxing | 18 | | district is located (i) used estimated valuations or rates when | 19 | | extending taxes in the taxing district for the last preceding | 20 | | levy year that resulted in the over or under extension of | 21 | | taxes, or (ii) increased or decreased the tax extension for the | 22 | | last preceding levy year as required by Section 18-135(c). | 23 | | Whenever an adjustment is required under Section 18-135, the | 24 | | aggregate extension base of the taxing district shall be equal | 25 | | to the amount that the aggregate extension of the taxing | 26 | | district would have been for the last preceding levy year if |
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| 1 | | either or both (i) actual, rather than estimated, valuations or | 2 | | rates had been used to calculate the extension of taxes for the | 3 | | last levy year, or (ii) the tax extension for the last | 4 | | preceding levy year had not been adjusted as required by | 5 | | subsection (c) of Section 18-135. In the case of a home rule | 6 | | taxing district, the aggregate extension base for 2017 shall | 7 | | not include any amounts included in that taxing district's | 8 | | annual corporate extension for the 2016 levy year and expended | 9 | | for (i) the payment of principal and interest on bonds or other | 10 | | evidences of indebtedness issued by the home rule unit or (ii) | 11 | | contributions to a pension fund created under the Illinois | 12 | | Pension Code, and any special purpose extensions made by a home | 13 | | rule unit for those purposes in levy year 2017 or 2018 are not | 14 | | included in the district's aggregate extension and shall not be | 15 | | subject to the limitations of this Law.
| 16 | | Notwithstanding any other provision of law, for levy year | 17 | | 2012, the aggregate extension base for West Northfield School | 18 | | District No. 31 in Cook County shall be $12,654,592. | 19 | | "Levy year" has the same meaning as "year" under Section
| 20 | | 1-155.
| 21 | | "New property" means (i) the assessed value, after final | 22 | | board of review or
board of appeals action, of new improvements | 23 | | or additions to existing
improvements on any parcel of real | 24 | | property that increase the assessed value of
that real property | 25 | | during the levy year multiplied by the equalization factor
| 26 | | issued by the Department under Section 17-30, (ii) the assessed |
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| 1 | | value, after
final board of review or board of appeals action, | 2 | | of real property not exempt
from real estate taxation, which | 3 | | real property was exempt from real estate
taxation for any | 4 | | portion of the immediately preceding levy year, multiplied by
| 5 | | the equalization factor issued by the Department under Section | 6 | | 17-30, including the assessed value, upon final stabilization | 7 | | of occupancy after new construction is complete, of any real | 8 | | property located within the boundaries of an otherwise or | 9 | | previously exempt military reservation that is intended for | 10 | | residential use and owned by or leased to a private corporation | 11 | | or other entity,
(iii) in counties that classify in accordance | 12 | | with Section 4 of Article
IX of the
Illinois Constitution, an | 13 | | incentive property's additional assessed value
resulting from | 14 | | a
scheduled increase in the level of assessment as applied to | 15 | | the first year
final board of
review market value, and (iv) any | 16 | | increase in assessed value due to oil or gas production from an | 17 | | oil or gas well required to be permitted under the Hydraulic | 18 | | Fracturing Regulatory Act that was not produced in or accounted | 19 | | for during the previous levy year.
In addition, the county | 20 | | clerk in a county containing a population of
3,000,000 or more | 21 | | shall include in the 1997
recovered tax increment value for any | 22 | | school district, any recovered tax
increment value that was | 23 | | applicable to the 1995 tax year calculations.
| 24 | | "Qualified airport authority" means an airport authority | 25 | | organized under
the Airport Authorities Act and located in a | 26 | | county bordering on the State of
Wisconsin and having a |
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| 1 | | population in excess of 200,000 and not greater than
500,000.
| 2 | | "Recovered tax increment value" means, except as otherwise | 3 | | provided in this
paragraph, the amount of the current year's | 4 | | equalized assessed value, in the
first year after a | 5 | | municipality terminates
the designation of an area as a | 6 | | redevelopment project area previously
established under the | 7 | | Tax Increment Allocation Development Act in the Illinois
| 8 | | Municipal Code, previously established under the Industrial | 9 | | Jobs Recovery Law
in the Illinois Municipal Code, previously | 10 | | established under the Economic Development Project Area Tax | 11 | | Increment Act of 1995, or previously established under the | 12 | | Economic
Development Area Tax Increment Allocation Act, of each | 13 | | taxable lot, block,
tract, or parcel of real property in the | 14 | | redevelopment project area over and
above the initial equalized | 15 | | assessed value of each property in the
redevelopment project | 16 | | area.
For the taxes which are extended for the 1997 levy year, | 17 | | the recovered tax
increment value for a non-home rule taxing | 18 | | district that first became subject
to this Law for the 1995 | 19 | | levy year because a majority of its 1994 equalized
assessed | 20 | | value was in an affected county or counties shall be increased | 21 | | if a
municipality terminated the designation of an area in 1993 | 22 | | as a redevelopment
project area previously established under | 23 | | the Tax Increment Allocation
Development Act in the Illinois | 24 | | Municipal Code, previously established under
the Industrial | 25 | | Jobs Recovery Law in the Illinois Municipal Code, or previously
| 26 | | established under the Economic Development Area Tax Increment |
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| 1 | | Allocation Act,
by an amount equal to the 1994 equalized | 2 | | assessed value of each taxable lot,
block, tract, or parcel of | 3 | | real property in the redevelopment project area over
and above | 4 | | the initial equalized assessed value of each property in the
| 5 | | redevelopment project area.
In the first year after a | 6 | | municipality
removes a taxable lot, block, tract, or parcel of | 7 | | real property from a
redevelopment project area established | 8 | | under the Tax Increment Allocation
Development Act in the | 9 | | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in | 10 | | the Illinois Municipal Code, or the Economic
Development Area | 11 | | Tax Increment Allocation Act, "recovered tax increment value"
| 12 | | means the amount of the current year's equalized assessed value | 13 | | of each taxable
lot, block, tract, or parcel of real property | 14 | | removed from the redevelopment
project area over and above the | 15 | | initial equalized assessed value of that real
property before | 16 | | removal from the redevelopment project area.
| 17 | | Except as otherwise provided in this Section, "limiting | 18 | | rate" means a
fraction the numerator of which is the last
| 19 | | preceding aggregate extension base times an amount equal to one | 20 | | plus the
extension limitation defined in this Section and the | 21 | | denominator of which
is the current year's equalized assessed | 22 | | value of all real property in the
territory under the | 23 | | jurisdiction of the taxing district during the prior
levy year. | 24 | | For those taxing districts that reduced their aggregate
| 25 | | extension for the last preceding levy year, the highest | 26 | | aggregate extension
in any of the last 3 preceding levy years |
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| 1 | | shall be used for the purpose of
computing the limiting rate. | 2 | | The denominator shall not include new
property or the recovered | 3 | | tax increment
value.
If a new rate, a rate decrease, or a | 4 | | limiting rate increase has been approved at an election held | 5 | | after March 21, 2006, then (i) the otherwise applicable | 6 | | limiting rate shall be increased by the amount of the new rate | 7 | | or shall be reduced by the amount of the rate decrease, as the | 8 | | case may be, or (ii) in the case of a limiting rate increase, | 9 | | the limiting rate shall be equal to the rate set forth
in the | 10 | | proposition approved by the voters for each of the years | 11 | | specified in the proposition, after
which the limiting rate of | 12 | | the taxing district shall be calculated as otherwise provided. | 13 | | In the case of a taxing district that obtained referendum | 14 | | approval for an increased limiting rate on March 20, 2012, the | 15 | | limiting rate for tax year 2012 shall be the rate that | 16 | | generates the approximate total amount of taxes extendable for | 17 | | that tax year, as set forth in the proposition approved by the | 18 | | voters; this rate shall be the final rate applied by the county | 19 | | clerk for the aggregate of all capped funds of the district for | 20 | | tax year 2012.
| 21 | | (Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143, | 22 | | eff. 7-27-15.)
| 23 | | (Text of Section after amendment by P.A. 99-521 ) | 24 | | Sec. 18-185. Short title; definitions. This Division 5 may | 25 | | be cited as the
Property Tax Extension Limitation Law. As used |
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| 1 | | in this Division 5:
| 2 | | "Consumer Price Index" means the Consumer Price Index for | 3 | | All Urban
Consumers for all items published by the United | 4 | | States Department of Labor.
| 5 | | "Extension limitation" , except as otherwise provided in | 6 | | this paragraph, means (a) the lesser of 5% or the percentage | 7 | | increase
in the Consumer Price Index during the 12-month | 8 | | calendar year preceding the
levy year or (b) the rate of | 9 | | increase approved by voters under Section 18-205.
For levy | 10 | | years 2017 and 2018 only, for taxing districts other than | 11 | | school districts, "extension limitation" means 0% or the rate | 12 | | of increase approved by the voters under Section 18-205. For | 13 | | levy years 2017 and 2018, if a special purpose extension (i) | 14 | | made for the payment of principal and interest on bonds or | 15 | | other evidences of indebtedness issued by the taxing district | 16 | | or (ii) made for contributions to a pension fund created under | 17 | | the Illinois Pension Code was required to be included in a | 18 | | school district's aggregate extension for the 2016 levy year, | 19 | | then the extension limitation for those extensions for levy | 20 | | years 2017 and 2018 shall be (1) the lesser of 5% or the | 21 | | percentage increase
in the Consumer Price Index during the | 22 | | 12-month calendar year preceding the
levy year or (2) the rate | 23 | | of increase approved by voters under Section 18-205. For levy | 24 | | years 2017 and 2018, for school districts that were subject to | 25 | | this Law in the 2016 levy year, "extension limitation" means | 26 | | (1) the lesser of 5% or the percentage increase
in the Consumer |
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| 1 | | Price Index during the 12-month calendar year preceding the
| 2 | | levy year or (2) the rate of increase approved by voters under | 3 | | Section 18-205.
| 4 | | "Affected county" means a county of 3,000,000 or more | 5 | | inhabitants or a
county contiguous to a county of 3,000,000 or | 6 | | more inhabitants.
| 7 | | "Taxing district" has the same meaning provided in Section | 8 | | 1-150, except as
otherwise provided in this Section. For the | 9 | | 1991 through 1994 levy years only,
"taxing district" includes | 10 | | only each non-home rule taxing district having the
majority of | 11 | | its
1990 equalized assessed value within any county or counties | 12 | | contiguous to a
county with 3,000,000 or more inhabitants. | 13 | | Beginning with the 1995 levy
year, "taxing district" includes | 14 | | only each non-home rule taxing district
subject to this Law | 15 | | before the 1995 levy year and each non-home rule
taxing | 16 | | district not subject to this Law before the 1995 levy year | 17 | | having the
majority of its 1994 equalized assessed value in an | 18 | | affected county or
counties. Beginning with the levy year in
| 19 | | which this Law becomes applicable to a taxing district as
| 20 | | provided in Section 18-213, "taxing district" also includes | 21 | | those taxing
districts made subject to this Law as provided in | 22 | | Section 18-213.
For levy years 2017 and 2018, "taxing district" | 23 | | has the same meaning provided in Section 1-150, and includes | 24 | | home rule units, but does not include the City of Chicago or | 25 | | school districts that were not subject to this Law in the 2016 | 26 | | levy year.
|
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| 1 | | "Aggregate extension" for taxing districts to which this | 2 | | Law applied before
the 1995 levy year means , except with | 3 | | respect to levy years 2017 and 2018, the annual corporate | 4 | | extension for the taxing
district and those special purpose | 5 | | extensions that are made annually for
the taxing district, | 6 | | excluding special purpose extensions: (a) made for the
taxing | 7 | | district to pay interest or principal on general obligation | 8 | | bonds
that were approved by referendum; (b) made for any taxing | 9 | | district to pay
interest or principal on general obligation | 10 | | bonds issued before October 1,
1991; (c) made for any taxing | 11 | | district to pay interest or principal on bonds
issued to refund | 12 | | or continue to refund those bonds issued before October 1,
| 13 | | 1991; (d)
made for any taxing district to pay interest or | 14 | | principal on bonds
issued to refund or continue to refund bonds | 15 | | issued after October 1, 1991 that
were approved by referendum; | 16 | | (e)
made for any taxing district to pay interest
or principal | 17 | | on revenue bonds issued before October 1, 1991 for payment of
| 18 | | which a property tax levy or the full faith and credit of the | 19 | | unit of local
government is pledged; however, a tax for the | 20 | | payment of interest or principal
on those bonds shall be made | 21 | | only after the governing body of the unit of local
government | 22 | | finds that all other sources for payment are insufficient to | 23 | | make
those payments; (f) made for payments under a building | 24 | | commission lease when
the lease payments are for the retirement | 25 | | of bonds issued by the commission
before October 1, 1991, to | 26 | | pay for the building project; (g) made for payments
due under |
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| 1 | | installment contracts entered into before October 1, 1991;
(h) | 2 | | made for payments of principal and interest on bonds issued | 3 | | under the
Metropolitan Water Reclamation District Act to | 4 | | finance construction projects
initiated before October 1, | 5 | | 1991; (i) made for payments of principal and
interest on | 6 | | limited bonds, as defined in Section 3 of the Local Government | 7 | | Debt
Reform Act, in an amount not to exceed the debt service | 8 | | extension base less
the amount in items (b), (c), (e), and (h) | 9 | | of this definition for
non-referendum obligations, except | 10 | | obligations initially issued pursuant to
referendum; (j) made | 11 | | for payments of principal and interest on bonds
issued under | 12 | | Section 15 of the Local Government Debt Reform Act; (k)
made
by | 13 | | a school district that participates in the Special Education | 14 | | District of
Lake County, created by special education joint | 15 | | agreement under Section
10-22.31 of the School Code, for | 16 | | payment of the school district's share of the
amounts required | 17 | | to be contributed by the Special Education District of Lake
| 18 | | County to the Illinois Municipal Retirement Fund under Article | 19 | | 7 of the
Illinois Pension Code; the amount of any extension | 20 | | under this item (k) shall be
certified by the school district | 21 | | to the county clerk; (l) made to fund
expenses of providing | 22 | | joint recreational programs for persons with disabilities | 23 | | under
Section 5-8 of
the
Park District Code or Section 11-95-14 | 24 | | of the Illinois Municipal Code; (m) made for temporary | 25 | | relocation loan repayment purposes pursuant to Sections 2-3.77 | 26 | | and 17-2.2d of the School Code; (n) made for payment of |
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| 1 | | principal and interest on any bonds issued under the authority | 2 | | of Section 17-2.2d of the School Code; (o) made for | 3 | | contributions to a firefighter's pension fund created under | 4 | | Article 4 of the Illinois Pension Code, to the extent of the | 5 | | amount certified under item (5) of Section 4-134 of the | 6 | | Illinois Pension Code; and (p) made for road purposes in the | 7 | | first year after a township assumes the rights, powers, duties, | 8 | | assets, property, liabilities, obligations, and
| 9 | | responsibilities of a road district abolished under the | 10 | | provisions of Section 6-133 of the Illinois Highway Code.
For | 11 | | levy years 2017 and 2018, this definition of "aggregate | 12 | | extension" applies to each school district that was subject to | 13 | | this definition of "aggregate extension" for the 2016 levy | 14 | | year.
| 15 | | "Aggregate extension" for the taxing districts to which | 16 | | this Law did not
apply before the 1995 levy year (except taxing | 17 | | districts subject to this Law
in
accordance with Section | 18 | | 18-213) means , except with respect to levy years 2017 and 2018, | 19 | | the annual corporate extension for the
taxing district and | 20 | | those special purpose extensions that are made annually for
the | 21 | | taxing district, excluding special purpose extensions: (a) | 22 | | made for the
taxing district to pay interest or principal on | 23 | | general obligation bonds that
were approved by referendum; (b) | 24 | | made for any taxing district to pay interest
or principal on | 25 | | general obligation bonds issued before March 1, 1995; (c) made
| 26 | | for any taxing district to pay interest or principal on bonds |
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| 1 | | issued to refund
or continue to refund those bonds issued | 2 | | before March 1, 1995; (d) made for any
taxing district to pay | 3 | | interest or principal on bonds issued to refund or
continue to | 4 | | refund bonds issued after March 1, 1995 that were approved by
| 5 | | referendum; (e) made for any taxing district to pay interest or | 6 | | principal on
revenue bonds issued before March 1, 1995 for | 7 | | payment of which a property tax
levy or the full faith and | 8 | | credit of the unit of local government is pledged;
however, a | 9 | | tax for the payment of interest or principal on those bonds | 10 | | shall be
made only after the governing body of the unit of | 11 | | local government finds that
all other sources for payment are | 12 | | insufficient to make those payments; (f) made
for payments | 13 | | under a building commission lease when the lease payments are | 14 | | for
the retirement of bonds issued by the commission before | 15 | | March 1, 1995 to
pay for the building project; (g) made for | 16 | | payments due under installment
contracts entered into before | 17 | | March 1, 1995; (h) made for payments of
principal and interest | 18 | | on bonds issued under the Metropolitan Water Reclamation
| 19 | | District Act to finance construction projects initiated before | 20 | | October 1,
1991; (h-4) made for stormwater management purposes | 21 | | by the Metropolitan Water Reclamation District of Greater | 22 | | Chicago under Section 12 of the Metropolitan Water Reclamation | 23 | | District Act; (i) made for payments of principal and interest | 24 | | on limited bonds,
as defined in Section 3 of the Local | 25 | | Government Debt Reform Act, in an amount
not to exceed the debt | 26 | | service extension base less the amount in items (b),
(c), and |
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| 1 | | (e) of this definition for non-referendum obligations, except
| 2 | | obligations initially issued pursuant to referendum and bonds | 3 | | described in
subsection (h) of this definition; (j) made for | 4 | | payments of
principal and interest on bonds issued under | 5 | | Section 15 of the Local Government
Debt Reform Act; (k) made | 6 | | for payments of principal and interest on bonds
authorized by | 7 | | Public Act 88-503 and issued under Section 20a of the Chicago
| 8 | | Park District Act for aquarium or
museum projects; (l) made for | 9 | | payments of principal and interest on
bonds
authorized by | 10 | | Public Act 87-1191 or 93-601 and (i) issued pursuant to Section | 11 | | 21.2 of the Cook County Forest
Preserve District Act, (ii) | 12 | | issued under Section 42 of the Cook County
Forest Preserve | 13 | | District Act for zoological park projects, or (iii) issued
| 14 | | under Section 44.1 of the Cook County Forest Preserve District | 15 | | Act for
botanical gardens projects; (m) made
pursuant
to | 16 | | Section 34-53.5 of the School Code, whether levied annually or | 17 | | not;
(n) made to fund expenses of providing joint recreational | 18 | | programs for persons with disabilities under Section 5-8 of the | 19 | | Park
District Code or Section 11-95-14 of the Illinois | 20 | | Municipal Code;
(o) made by the
Chicago Park
District for | 21 | | recreational programs for persons with disabilities under | 22 | | subsection (c) of
Section
7.06 of the Chicago Park District | 23 | | Act; (p) made for contributions to a firefighter's pension fund | 24 | | created under Article 4 of the Illinois Pension Code, to the | 25 | | extent of the amount certified under item (5) of Section 4-134 | 26 | | of the Illinois Pension Code; (q) made by Ford Heights School |
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| 1 | | District 169 under Section 17-9.02 of the School Code; and (r) | 2 | | made for the purpose of making employer contributions to the | 3 | | Public School Teachers' Pension and Retirement Fund of Chicago | 4 | | under Section 34-53 of the School Code.
For levy years 2017 and | 5 | | 2018, this definition of "aggregate extension" applies to each | 6 | | school district that was subject to this definition of | 7 | | "aggregate extension" for the 2016 levy year.
| 8 | | "Aggregate extension" for all taxing districts to which | 9 | | this Law applies in
accordance with Section 18-213, except for | 10 | | those taxing districts subject to
paragraph (2) of subsection | 11 | | (e) of Section 18-213, means , except with respect to levy years | 12 | | 2017 and 2018, the annual corporate
extension for the
taxing | 13 | | district and those special purpose extensions that are made | 14 | | annually for
the taxing district, excluding special purpose | 15 | | extensions: (a) made for the
taxing district to pay interest or | 16 | | principal on general obligation bonds that
were approved by | 17 | | referendum; (b) made for any taxing district to pay interest
or | 18 | | principal on general obligation bonds issued before the date on | 19 | | which the
referendum making this
Law applicable to the taxing | 20 | | district is held; (c) made
for any taxing district to pay | 21 | | interest or principal on bonds issued to refund
or continue to | 22 | | refund those bonds issued before the date on which the
| 23 | | referendum making this Law
applicable to the taxing district is | 24 | | held;
(d) made for any
taxing district to pay interest or | 25 | | principal on bonds issued to refund or
continue to refund bonds | 26 | | issued after the date on which the referendum making
this Law
|
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| 1 | | applicable to the taxing district is held if the bonds were | 2 | | approved by
referendum after the date on which the referendum | 3 | | making this Law
applicable to the taxing district is held; (e) | 4 | | made for any
taxing district to pay interest or principal on
| 5 | | revenue bonds issued before the date on which the referendum | 6 | | making this Law
applicable to the
taxing district is held for | 7 | | payment of which a property tax
levy or the full faith and | 8 | | credit of the unit of local government is pledged;
however, a | 9 | | tax for the payment of interest or principal on those bonds | 10 | | shall be
made only after the governing body of the unit of | 11 | | local government finds that
all other sources for payment are | 12 | | insufficient to make those payments; (f) made
for payments | 13 | | under a building commission lease when the lease payments are | 14 | | for
the retirement of bonds issued by the commission before the | 15 | | date on which the
referendum making this
Law applicable to the | 16 | | taxing district is held to
pay for the building project; (g) | 17 | | made for payments due under installment
contracts entered into | 18 | | before the date on which the referendum making this Law
| 19 | | applicable to
the taxing district is held;
(h) made for | 20 | | payments
of principal and interest on limited bonds,
as defined | 21 | | in Section 3 of the Local Government Debt Reform Act, in an | 22 | | amount
not to exceed the debt service extension base less the | 23 | | amount in items (b),
(c), and (e) of this definition for | 24 | | non-referendum obligations, except
obligations initially | 25 | | issued pursuant to referendum; (i) made for payments
of
| 26 | | principal and interest on bonds issued under Section 15 of the |
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| 1 | | Local Government
Debt Reform Act;
(j)
made for a qualified | 2 | | airport authority to pay interest or principal on
general | 3 | | obligation bonds issued for the purpose of paying obligations | 4 | | due
under, or financing airport facilities required to be | 5 | | acquired, constructed,
installed or equipped pursuant to, | 6 | | contracts entered into before March
1, 1996 (but not including | 7 | | any amendments to such a contract taking effect on
or after | 8 | | that date); (k) made to fund expenses of providing joint
| 9 | | recreational programs for persons with disabilities under | 10 | | Section 5-8 of
the
Park District Code or Section 11-95-14 of | 11 | | the 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.
For levy years 2017 and | 18 | | 2018, this definition of "aggregate extension" applies to each | 19 | | school district that was subject to this definition of | 20 | | "aggregate extension" for the 2016 levy year.
| 21 | | "Aggregate extension" for all taxing districts to which | 22 | | this Law applies in
accordance with paragraph (2) of subsection | 23 | | (e) of Section 18-213 means , except with respect to levy years | 24 | | 2017 and 2018, the
annual corporate extension for the
taxing | 25 | | district and those special purpose extensions that are made | 26 | | annually for
the taxing district, excluding special purpose |
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| 1 | | extensions: (a) made for the
taxing district to pay interest or | 2 | | principal on general obligation bonds that
were approved by | 3 | | referendum; (b) made for any taxing district to pay interest
or | 4 | | principal on general obligation bonds issued before the | 5 | | effective date of
this amendatory Act of 1997;
(c) made
for any | 6 | | taxing district to pay interest or principal on bonds issued to | 7 | | refund
or continue to refund those bonds issued before the | 8 | | effective date
of this amendatory Act of 1997;
(d) made for any
| 9 | | taxing district to pay interest or principal on bonds issued to | 10 | | refund or
continue to refund bonds issued after the effective | 11 | | date of this amendatory Act
of 1997 if the bonds were approved | 12 | | by referendum after the effective date of
this amendatory Act | 13 | | of 1997;
(e) made for any
taxing district to pay interest or | 14 | | principal on
revenue bonds issued before the effective date of | 15 | | this amendatory Act of 1997
for payment of which a property tax
| 16 | | levy or the full faith and credit of the unit of local | 17 | | government is pledged;
however, a tax for the payment of | 18 | | interest or principal on those bonds shall be
made only after | 19 | | the governing body of the unit of local government finds that
| 20 | | all other sources for payment are insufficient to make those | 21 | | payments; (f) made
for payments under a building commission | 22 | | lease when the lease payments are for
the retirement of bonds | 23 | | issued by the commission before the effective date
of this | 24 | | amendatory Act of 1997
to
pay for the building project; (g) | 25 | | made for payments due under installment
contracts entered into | 26 | | before the effective date of this amendatory Act of
1997;
(h) |
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| 1 | | made for payments
of principal and interest on limited bonds,
| 2 | | as defined in Section 3 of the Local Government Debt Reform | 3 | | Act, in an amount
not to exceed the debt service extension base | 4 | | less the amount in items (b),
(c), and (e) of this definition | 5 | | for non-referendum obligations, except
obligations initially | 6 | | issued pursuant to referendum; (i) made for payments
of
| 7 | | principal and interest on bonds issued under Section 15 of the | 8 | | Local Government
Debt Reform Act;
(j)
made for a qualified | 9 | | airport authority to pay interest or principal on
general | 10 | | obligation bonds issued for the purpose of paying obligations | 11 | | due
under, or financing airport facilities required to be | 12 | | acquired, constructed,
installed or equipped pursuant to, | 13 | | contracts entered into before March
1, 1996 (but not including | 14 | | any amendments to such a contract taking effect on
or after | 15 | | that date); (k) made to fund expenses of providing joint
| 16 | | recreational programs for persons with disabilities under | 17 | | Section 5-8 of
the
Park District Code or Section 11-95-14 of | 18 | | the Illinois Municipal Code; and (l) made for contributions to | 19 | | a firefighter's pension fund created under Article 4 of the | 20 | | Illinois Pension Code, to the extent of the amount certified | 21 | | under item (5) of Section 4-134 of the Illinois Pension Code.
| 22 | | For levy years 2017 and 2018, this definition of "aggregate | 23 | | extension" applies to each school district that was subject to | 24 | | this definition of "aggregate extension" for the 2016 levy | 25 | | year.
| 26 | | "Aggregate extension", except with respect to school |
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| 1 | | districts, for levy years 2017 and 2018, means the annual | 2 | | corporate extension for the taxing district and those special | 3 | | purpose extensions that are made annually for the taxing | 4 | | district, excluding special purpose extensions: (a) made for | 5 | | the payment of principal and interest on bonds or other | 6 | | evidences of indebtedness issued by the taxing district; or (b) | 7 | | made for contributions to a pension fund created under the | 8 | | Illinois Pension Code. Notwithstanding the provisions of this | 9 | | definition of "aggregate extension", if a special purpose | 10 | | extension (i) made for the payment of principal and interest on | 11 | | bonds or other evidences of indebtedness issued by the taxing | 12 | | district or (ii) made for contributions to a pension fund | 13 | | created under the Illinois Pension Code was required to be | 14 | | included in a taxing district's aggregate extension for the | 15 | | 2016 levy year, then that special purpose extension is also | 16 | | included in the taxing district's aggregate extension for levy | 17 | | years 2017 and 2018; provided that the extension limitation for | 18 | | those extensions for levy years 2017 and 2018 shall be (1) the | 19 | | lesser of 5% or the percentage increase
in the Consumer Price | 20 | | Index during the 12-month calendar year preceding the
levy year | 21 | | or (2) the rate of increase approved by voters under Section | 22 | | 18-205. | 23 | | "Debt service extension base" means an amount equal to that | 24 | | portion of the
extension for a taxing district for the 1994 | 25 | | levy year, or for those taxing
districts subject to this Law in | 26 | | accordance with Section 18-213, except for
those subject to |
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| 1 | | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| 2 | | year in which the referendum making this Law applicable to the | 3 | | taxing district
is held, or for those taxing districts subject | 4 | | to this Law in accordance with
paragraph (2) of subsection (e) | 5 | | of Section 18-213 for the 1996 levy year , or for those taxing
| 6 | | districts that become subject to this Law as a result of this | 7 | | amendatory Act of the 100th General Assembly for the 2016 levy | 8 | | year ,
constituting an
extension for payment of principal and | 9 | | interest on bonds issued by the taxing
district without | 10 | | referendum, but not including excluded non-referendum bonds. | 11 | | For park districts (i) that were first
subject to this Law in | 12 | | 1991 or 1995 and (ii) whose extension for the 1994 levy
year | 13 | | for the payment of principal and interest on bonds issued by | 14 | | the park
district without referendum (but not including | 15 | | excluded non-referendum bonds)
was less than 51% of the amount | 16 | | for the 1991 levy year constituting an
extension for payment of | 17 | | principal and interest on bonds issued by the park
district | 18 | | without referendum (but not including excluded non-referendum | 19 | | bonds),
"debt service extension base" means an amount equal to | 20 | | that portion of the
extension for the 1991 levy year | 21 | | constituting an extension for payment of
principal and interest | 22 | | on bonds issued by the park district without referendum
(but | 23 | | not including excluded non-referendum bonds). A debt service | 24 | | extension base established or increased at any time pursuant to | 25 | | any provision of this Law, except Section 18-212, shall be | 26 | | increased each year commencing with the later of (i) the 2009 |
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| 1 | | levy year or (ii) the first levy year in which this Law becomes | 2 | | applicable to the taxing district, by the lesser of 5% or the | 3 | | percentage increase in the Consumer Price Index during the | 4 | | 12-month calendar year preceding the levy year. The debt | 5 | | service extension
base may be established or increased as | 6 | | provided under Section 18-212.
"Excluded non-referendum bonds" | 7 | | means (i) bonds authorized by Public
Act 88-503 and issued | 8 | | under Section 20a of the Chicago Park District Act for
aquarium | 9 | | and museum projects; (ii) bonds issued under Section 15 of the
| 10 | | Local Government Debt Reform Act; or (iii) refunding | 11 | | obligations issued
to refund or to continue to refund | 12 | | obligations initially issued pursuant to
referendum.
| 13 | | "Special purpose extensions" include, but are not limited | 14 | | to, extensions
for levies made on an annual basis for | 15 | | unemployment and workers'
compensation, self-insurance, | 16 | | contributions to pension plans, and extensions
made pursuant to | 17 | | Section 6-601 of the Illinois Highway Code for a road
| 18 | | district's permanent road fund whether levied annually or not. | 19 | | The
extension for a special service area is not included in the
| 20 | | aggregate extension.
| 21 | | "Aggregate extension base" means the taxing district's | 22 | | last preceding
aggregate extension as adjusted under Sections | 23 | | 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 | 24 | | shall be made for the 2007 levy year and all subsequent levy | 25 | | years whenever one or more counties within which a taxing | 26 | | district is located (i) used estimated valuations or rates when |
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| 1 | | extending taxes in the taxing district for the last preceding | 2 | | levy year that resulted in the over or under extension of | 3 | | taxes, or (ii) increased or decreased the tax extension for the | 4 | | last preceding levy year as required by Section 18-135(c). | 5 | | Whenever an adjustment is required under Section 18-135, the | 6 | | aggregate extension base of the taxing district shall be equal | 7 | | to the amount that the aggregate extension of the taxing | 8 | | district would have been for the last preceding levy year if | 9 | | either or both (i) actual, rather than estimated, valuations or | 10 | | rates had been used to calculate the extension of taxes for the | 11 | | last levy year, or (ii) the tax extension for the last | 12 | | preceding levy year had not been adjusted as required by | 13 | | subsection (c) of Section 18-135. In the case of a home rule | 14 | | taxing district, the aggregate extension base for 2017 shall | 15 | | not include any amounts included in that taxing district's | 16 | | annual corporate extension for the 2016 levy year and expended | 17 | | for (i) the payment of principal and interest on bonds or other | 18 | | evidences of indebtedness issued by the home rule unit or (ii) | 19 | | contributions to a pension fund created under the Illinois | 20 | | Pension Code, and any special purpose extensions made by a home | 21 | | rule unit for those purposes in levy year 2017 or 2018 are not | 22 | | included in the district's aggregate extension and shall not be | 23 | | subject to the limitations of this Law.
| 24 | | Notwithstanding any other provision of law, for levy year | 25 | | 2012, the aggregate extension base for West Northfield School | 26 | | District No. 31 in Cook County shall be $12,654,592. |
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| 1 | | "Levy year" has the same meaning as "year" under Section
| 2 | | 1-155.
| 3 | | "New property" means (i) the assessed value, after final | 4 | | board of review or
board of appeals action, of new improvements | 5 | | or additions to existing
improvements on any parcel of real | 6 | | property that increase the assessed value of
that real property | 7 | | during the levy year multiplied by the equalization factor
| 8 | | issued by the Department under Section 17-30, (ii) the assessed | 9 | | value, after
final board of review or board of appeals action, | 10 | | of real property not exempt
from real estate taxation, which | 11 | | real property was exempt from real estate
taxation for any | 12 | | portion of the immediately preceding levy year, multiplied by
| 13 | | the equalization factor issued by the Department under Section | 14 | | 17-30, including the assessed value, upon final stabilization | 15 | | of occupancy after new construction is complete, of any real | 16 | | property located within the boundaries of an otherwise or | 17 | | previously exempt military reservation that is intended for | 18 | | residential use and owned by or leased to a private corporation | 19 | | or other entity,
(iii) in counties that classify in accordance | 20 | | with Section 4 of Article
IX of the
Illinois Constitution, an | 21 | | incentive property's additional assessed value
resulting from | 22 | | a
scheduled increase in the level of assessment as applied to | 23 | | the first year
final board of
review market value, and (iv) any | 24 | | increase in assessed value due to oil or gas production from an | 25 | | oil or gas well required to be permitted under the Hydraulic | 26 | | Fracturing Regulatory Act that was not produced in or accounted |
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| 1 | | for during the previous levy year.
In addition, the county | 2 | | clerk in a county containing a population of
3,000,000 or more | 3 | | shall include in the 1997
recovered tax increment value for any | 4 | | school district, any recovered tax
increment value that was | 5 | | applicable to the 1995 tax year calculations.
| 6 | | "Qualified airport authority" means an airport authority | 7 | | organized under
the Airport Authorities Act and located in a | 8 | | county bordering on the State of
Wisconsin and having a | 9 | | population in excess of 200,000 and not greater than
500,000.
| 10 | | "Recovered tax increment value" means, except as otherwise | 11 | | provided in this
paragraph, the amount of the current year's | 12 | | equalized assessed value, in the
first year after a | 13 | | municipality terminates
the designation of an area as a | 14 | | redevelopment project area previously
established under the | 15 | | Tax Increment Allocation Development Act in the Illinois
| 16 | | Municipal Code, previously established under the Industrial | 17 | | Jobs Recovery Law
in the Illinois Municipal Code, previously | 18 | | established under the Economic Development Project Area Tax | 19 | | Increment Act of 1995, or previously established under the | 20 | | Economic
Development Area Tax Increment Allocation Act, of each | 21 | | taxable lot, block,
tract, or parcel of real property in the | 22 | | redevelopment project area over and
above the initial equalized | 23 | | assessed value of each property in the
redevelopment project | 24 | | area.
For the taxes which are extended for the 1997 levy year, | 25 | | the recovered tax
increment value for a non-home rule taxing | 26 | | district that first became subject
to this Law for the 1995 |
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| 1 | | levy year because a majority of its 1994 equalized
assessed | 2 | | value was in an affected county or counties shall be increased | 3 | | if a
municipality terminated the designation of an area in 1993 | 4 | | as a redevelopment
project area previously established under | 5 | | the Tax Increment Allocation
Development Act in the Illinois | 6 | | Municipal Code, previously established under
the Industrial | 7 | | Jobs Recovery Law in the Illinois Municipal Code, or previously
| 8 | | established under the Economic Development Area Tax Increment | 9 | | Allocation Act,
by an amount equal to the 1994 equalized | 10 | | assessed value of each taxable lot,
block, tract, or parcel of | 11 | | real property in the redevelopment project area over
and above | 12 | | the initial equalized assessed value of each property in the
| 13 | | redevelopment project area.
In the first year after a | 14 | | municipality
removes a taxable lot, block, tract, or parcel of | 15 | | real property from a
redevelopment project area established | 16 | | under the Tax Increment Allocation
Development Act in the | 17 | | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in | 18 | | the Illinois Municipal Code, or the Economic
Development Area | 19 | | Tax Increment Allocation Act, "recovered tax increment value"
| 20 | | means the amount of the current year's equalized assessed value | 21 | | of each taxable
lot, block, tract, or parcel of real property | 22 | | removed from the redevelopment
project area over and above the | 23 | | initial equalized assessed value of that real
property before | 24 | | removal from the redevelopment project area.
| 25 | | Except as otherwise provided in this Section, "limiting | 26 | | rate" means a
fraction the numerator of which is the last
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| 1 | | preceding aggregate extension base times an amount equal to one | 2 | | plus the
extension limitation defined in this Section and the | 3 | | denominator of which
is the current year's equalized assessed | 4 | | value of all real property in the
territory under the | 5 | | jurisdiction of the taxing district during the prior
levy year. | 6 | | For those taxing districts that reduced their aggregate
| 7 | | extension for the last preceding levy year, the highest | 8 | | aggregate extension
in any of the last 3 preceding levy years | 9 | | shall be used for the purpose of
computing the limiting rate. | 10 | | The denominator shall not include new
property or the recovered | 11 | | tax increment
value.
If a new rate, a rate decrease, or a | 12 | | limiting rate increase has been approved at an election held | 13 | | after March 21, 2006, then (i) the otherwise applicable | 14 | | limiting rate shall be increased by the amount of the new rate | 15 | | or shall be reduced by the amount of the rate decrease, as the | 16 | | case may be, or (ii) in the case of a limiting rate increase, | 17 | | the limiting rate shall be equal to the rate set forth
in the | 18 | | proposition approved by the voters for each of the years | 19 | | specified in the proposition, after
which the limiting rate of | 20 | | the taxing district shall be calculated as otherwise provided. | 21 | | In the case of a taxing district that obtained referendum | 22 | | approval for an increased limiting rate on March 20, 2012, the | 23 | | limiting rate for tax year 2012 shall be the rate that | 24 | | generates the approximate total amount of taxes extendable for | 25 | | that tax year, as set forth in the proposition approved by the | 26 | | voters; this rate shall be the final rate applied by the county |
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| 1 | | clerk for the aggregate of all capped funds of the district for | 2 | | tax year 2012.
| 3 | | (Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143, | 4 | | eff. 7-27-15; 99-521, eff. 6-1-17.)
| 5 | | (35 ILCS 200/18-205)
| 6 | | Sec. 18-205. Referendum to increase the extension | 7 | | limitation. | 8 | | (a) A taxing
district is limited to an extension limitation | 9 | | as defined in Section 18-185 of 5% or the percentage increase
| 10 | | in the Consumer Price Index during the 12-month calendar year | 11 | | preceding the
levy year, whichever is less . A taxing district | 12 | | may increase its extension
limitation for one or more levy | 13 | | years if that taxing district holds a referendum
before the | 14 | | levy date for the first levy year at which a majority of voters | 15 | | voting on the issue approves
adoption of a higher extension | 16 | | limitation. Referenda shall be conducted at a
regularly | 17 | | scheduled election in accordance with the Election Code. | 18 | | (b) The question shall be presented in
substantially the | 19 | | following manner for all elections held after March 21, 2006 :
| 20 | | Shall the extension limitation under the Property Tax | 21 | | Extension Limitation Law for (insert the legal name, | 22 | | number, if any, and county or counties of the taxing | 23 | | district and geographic or other common name by which a | 24 | | school or community college district is known and referred | 25 | | to), Illinois, be increased from (applicable extension |
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| 1 | | limitation set forth in Section 18-185) the lesser of 5% or | 2 | | the percentage increase in the Consumer Price Index over | 3 | | the prior levy year to (insert the percentage of the | 4 | | proposed increase)% per year for (insert each levy year for | 5 | | which the increased extension limitation will apply)? | 6 | | (c) The votes must be recorded as "Yes" or "No".
| 7 | | If a majority of voters voting on the issue approves the | 8 | | adoption of
the increase, the increase shall be applicable for | 9 | | each
levy year specified.
| 10 | | (d) The ballot for any question submitted pursuant to this | 11 | | Section shall have printed thereon, but not as a part of the | 12 | | question submitted, only the following supplemental | 13 | | information (which shall be supplied to the election authority | 14 | | by the taxing district) in substantially the following form: | 15 | | (1) For the (insert the first levy year for which the | 16 | | increased extension
limitation will be applicable) levy | 17 | | year the approximate amount of the additional tax
| 18 | | extendable against property containing a single family | 19 | | residence and having a fair market
value at the time of the | 20 | | referendum of $100,000 is estimated to be $.... | 21 | | (2) Based upon an average annual percentage increase | 22 | | (or decrease) in the
market value of such property of ...% | 23 | | (insert percentage equal to the average
annual percentage | 24 | | increase or decrease for the prior 3 levy years, at the | 25 | | time the
submission of the question is initiated by the | 26 | | taxing district, in the amount of (A) the
equalized |
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| 1 | | assessed value of the taxable property in the taxing | 2 | | district less (B) the new
property included in the | 3 | | equalized assessed value), the approximate amount of the
| 4 | | additional tax extendable against such property for the ... | 5 | | levy year is estimated to be
$... and for the ... levy year | 6 | | is estimated to be $.... | 7 | | Paragraph (2) shall be included only if the increased | 8 | | extension limitation will be applicable for more than one year | 9 | | and shall list each levy year for which the increased extension | 10 | | limitation will be applicable. The additional tax shown for | 11 | | each levy year shall be the approximate dollar amount of the | 12 | | increase over the amount of the most recently completed | 13 | | extension at the time the submission of the question is | 14 | | initiated by the taxing district. The approximate amount of the | 15 | | additional tax extendable shown in paragraphs (1) and (2) shall | 16 | | be calculated by multiplying $100,000 (the fair market value of | 17 | | the property without regard to any property tax exemptions) by | 18 | | (i) the percentage level of assessment prescribed for that | 19 | | property by statute, or by ordinance of the county board in | 20 | | counties that classify property for purposes of taxation in | 21 | | accordance with Section 4 of Article IX of the Illinois | 22 | | Constitution; (ii) the most recent final equalization factor | 23 | | certified to the county clerk by the Department of Revenue at | 24 | | the time the taxing district initiates the submission of the | 25 | | proposition to the electors; (iii) the last known aggregate | 26 | | extension base of the taxing district at the time the |
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| 1 | | submission of the question is initiated by the taxing district; | 2 | | and (iv) the difference between the percentage increase | 3 | | proposed in the question and the otherwise applicable extension | 4 | | limitation under Section 18-185 the lesser of 5% or the | 5 | | percentage increase in the Consumer Price Index for the prior | 6 | | levy year (or an estimate of the percentage increase for the | 7 | | prior levy year if the increase is unavailable at the time the | 8 | | submission of the question is initiated by the taxing | 9 | | district) ; and dividing the result by the last known equalized | 10 | | assessed value of the taxing district at the time the | 11 | | submission of the question is initiated by the taxing district. | 12 | | This amendatory Act of the 97th General Assembly is intended to | 13 | | clarify the existing requirements of this Section, and shall | 14 | | not be construed to validate any prior non-compliant referendum | 15 | | language. Any notice required to be published in connection | 16 | | with the submission of the question shall also contain this | 17 | | supplemental information and shall not contain any other | 18 | | supplemental information. Any error, miscalculation, or | 19 | | inaccuracy in computing any amount set forth on the ballot or | 20 | | in the notice that is not deliberate shall not invalidate or | 21 | | affect the validity of any proposition approved. Notice of the | 22 | | referendum shall be published and posted as otherwise required | 23 | | by law, and the submission of the question shall be initiated | 24 | | as provided by law.
| 25 | | (Source: P.A. 97-1087, eff. 8-24-12.)
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| 1 | | (35 ILCS 200/18-213)
| 2 | | Sec. 18-213.
Referenda on applicability of the Property Tax | 3 | | Extension
Limitation Law.
| 4 | | (a) The provisions of this Section do not apply to a taxing | 5 | | district
subject
to this Law because a majority of its 1990 | 6 | | equalized assessed value is in a
county or counties contiguous | 7 | | to a county of 3,000,000 or more inhabitants, or
because a | 8 | | majority of its 1994 equalized assessed value is in an affected
| 9 | | county and the taxing district was not subject to this Law | 10 | | before the 1995 levy
year.
| 11 | | (b) The county board of a county that is not subject to | 12 | | this Law
may, by ordinance or resolution, submit to the voters | 13 | | of the
county the question of whether to
make all non-home rule | 14 | | taxing districts
that
have all or a portion of their equalized | 15 | | assessed valuation
situated in the county subject to this Law | 16 | | in the manner set forth in this
Section.
| 17 | | For purposes of this Section only:
| 18 | | "Taxing district" has the same meaning provided in Section | 19 | | 1-150.
| 20 | | "Equalized
assessed valuation" means the equalized | 21 | | assessed valuation for a taxing
district for the immediately | 22 | | preceding levy year.
| 23 | | (c) The ordinance or resolution shall request the | 24 | | submission of
the
proposition at any election, except a | 25 | | consolidated primary election, for the
purpose of voting for or | 26 | | against making the Property
Tax Extension Limitation Law |
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| 1 | | applicable to all non-home rule taxing districts
that have all
| 2 | | or a
portion of their equalized assessed valuation situated in | 3 | | the county.
| 4 | | The question shall be placed on a separate
ballot and shall | 5 | | be in substantially the following form:
| 6 | | Shall the Property Tax Extension Limitation Law (35 | 7 | | ILCS 200/18-185 through
18-245), which
limits annual | 8 | | property tax extension increases, apply to non-home
rule | 9 | | taxing
districts with all or a portion of their equalized | 10 | | assessed valuation located
in
(name of county)?
| 11 | | Votes on the question shall be recorded as "yes" or "no".
| 12 | | (d) The county clerk
shall order the proposition submitted | 13 | | to the electors of the county
at the election specified in the | 14 | | ordinance or resolution.
If part of the county is under the | 15 | | jurisdiction of
a board or boards of election commissioners, | 16 | | the county clerk
shall submit a certified copy of
the ordinance | 17 | | or resolution to each board of election commissioners,
which | 18 | | shall order the
proposition submitted to the electors of the | 19 | | taxing district within its
jurisdiction at the election | 20 | | specified in the ordinance or resolution.
| 21 | | (e) (1) With respect to taxing districts having all of | 22 | | their equalized
assessed
valuation located in the county, | 23 | | if a majority of the votes cast on the
proposition are in | 24 | | favor of the proposition, then this Law becomes applicable
| 25 | | to the taxing district beginning on January 1 of the year | 26 | | following the date of
the referendum.
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| 1 | | (2) With respect to taxing districts that meet all the | 2 | | following
conditions this Law shall become applicable to | 3 | | the taxing district beginning
on January 1, 1997. The | 4 | | districts to which this paragraph (2) is applicable
| 5 | | (A) do not have all of their equalized assessed | 6 | | valuation located in a
single county,
| 7 | | (B) have equalized assessed valuation in an | 8 | | affected county,
| 9 | | (C) meet the condition that each county, other than | 10 | | an affected county,
in which any of the equalized | 11 | | assessed valuation of the taxing district is
located | 12 | | has held a referendum under this Section at any | 13 | | election, except a
consolidated primary election, held | 14 | | prior to the effective date of this
amendatory Act of | 15 | | 1997, and
| 16 | | (D) have a majority of the district's equalized | 17 | | assessed valuation
located in one or more counties in | 18 | | each of which the voters have approved a
referendum | 19 | | under this Section prior to the effective date of this | 20 | | amendatory
Act of 1997.
For purposes of this Section, | 21 | | in determining whether a majority of the
equalized | 22 | | assessed valuation of the taxing district is located in | 23 | | one or more
counties in which the voters have approved | 24 | | a referendum under this Section, the
equalized | 25 | | assessed valuation of the taxing district in any | 26 | | affected county
shall be included with the equalized |
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| 1 | | assessed value of the taxing district in
counties in | 2 | | which the voters have approved the referendum.
| 3 | | (3) With respect to taxing districts that do not have | 4 | | all of
their equalized
assessed valuation located in a | 5 | | single county and to which paragraph (2) of
subsection (e) | 6 | | is not applicable, if each county other than an
affected | 7 | | county in which any of
the equalized assessed valuation of | 8 | | the taxing
district is located has held a referendum under | 9 | | this Section at any election,
except a consolidated primary | 10 | | election, held in any year and if a majority of
the | 11 | | equalized
assessed valuation of the taxing district is | 12 | | located in one or more counties
that have each approved a | 13 | | referendum under this Section,
then this Law shall become | 14 | | applicable to the taxing district on
January 1 of the year | 15 | | following the year in which the last referendum in a
county | 16 | | in which the taxing district has any equalized assessed | 17 | | valuation is
held.
For the purposes of this Law, the last | 18 | | referendum shall be deemed to be the
referendum making this | 19 | | Law applicable to the taxing district. For purposes
of this | 20 | | Section, in determining whether a majority of the equalized | 21 | | assessed
valuation of the taxing district is located in one | 22 | | or more counties that have
approved a referendum under this | 23 | | Section, the equalized assessed valuation of
the taxing | 24 | | district in any affected county shall be included with the | 25 | | equalized
assessed value of the taxing district in counties | 26 | | that have approved the
referendum.
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| 1 | | (f) Immediately after a referendum is held under this | 2 | | Section, the county
clerk of the
county holding the referendum | 3 | | shall give notice of the referendum having been
held and its | 4 | | results to all taxing districts that have all
or a portion of | 5 | | their equalized assessed valuation located in the county, the
| 6 | | county clerk of any other county in which any of the equalized | 7 | | assessed
valuation of any taxing district is located, and the | 8 | | Department of Revenue.
After the last referendum affecting a | 9 | | multi-county taxing district is held, the
Department of Revenue
| 10 | | shall determine whether the taxing district is subject to this | 11 | | Law
and, if so, shall notify the taxing district and the county | 12 | | clerks of all of
the
counties in which a portion of the | 13 | | equalized assessed valuation of the
taxing district is located | 14 | | that, beginning the following January 1, the
taxing
district is | 15 | | subject to this Law.
For each taxing district subject to | 16 | | paragraph (2) of subsection (e) of this
Section, the Department | 17 | | of Revenue shall notify the taxing district and the
county | 18 | | clerks of all of the counties in which a portion of the | 19 | | equalized
assessed valuation of the taxing district is located | 20 | | that, beginning January 1,
1997, the taxing district is subject | 21 | | to this Law.
| 22 | | (g) Referenda held under this Section shall be conducted in | 23 | | accordance with
the Election Code.
| 24 | | (h) Notwithstanding any other provision of law, no | 25 | | referenda may be held under this Section with respect to levy | 26 | | years 2017 and 2018. |
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| 1 | | (Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
| 2 | | (35 ILCS 200/18-214)
| 3 | | Sec. 18-214.
Referenda on removal of the applicability of | 4 | | the Property Tax
Extension Limitation Law to non-home rule | 5 | | taxing districts.
| 6 | | (a) The provisions of this Section do not apply to a taxing | 7 | | district that is
subject to this Law because a majority of its | 8 | | 1990 equalized assessed value is
in a county or counties | 9 | | contiguous to a county of 3,000,000 or more
inhabitants, or | 10 | | because a majority of its 1994 equalized assessed value is in
| 11 | | an
affected county and the taxing district was not subject to | 12 | | this Law before the
1995 levy year.
| 13 | | (b) For purposes of this Section only:
| 14 | | "Taxing district" means any non-home rule taxing district | 15 | | that became subject
to this Law under Section 18-213 of this | 16 | | Law.
| 17 | | "Equalized assessed valuation" means the equalized | 18 | | assessed valuation for a
taxing district for the immediately | 19 | | preceding levy year.
| 20 | | (c) The county board of a county that became subject to | 21 | | this Law by a
referendum approved by the voters of the county | 22 | | under Section 18-213 may, by
ordinance or resolution, in the | 23 | | manner set forth in this Section, submit to the
voters of the | 24 | | county the question of whether this Law applies to all non-home
| 25 | | rule taxing
districts that have all or a portion of their |
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| 1 | | equalized assessed valuation
situated in the county in the | 2 | | manner set forth in this Section.
| 3 | | (d) The ordinance or resolution shall request the | 4 | | submission of the
proposition at any election, except a | 5 | | consolidated primary election, for the
purpose of voting for or | 6 | | against the continued application of the Property Tax
Extension | 7 | | Limitation Law to all non-home rule taxing districts that have | 8 | | all or
a portion of their equalized assessed valuation situated | 9 | | in the county.
| 10 | | The question shall be placed on a separate ballot and shall | 11 | | be in
substantially the following form:
| 12 | | Shall
the Property Tax
Extension Limitation Law (35 | 13 | | ILCS 200/18-185 through 35 ILCS 200/18-245), which
limits | 14 | | annual property tax extension increases, apply to non-home | 15 | | rule taxing
districts with all or a portion of their | 16 | | equalized assessed valuation located
in (name of county)?
| 17 | | Votes on the question shall be recorded as "yes" or "no".
| 18 | | (e) The county clerk shall order the proposition submitted | 19 | | to the electors
of the county at the election specified in the | 20 | | ordinance or resolution. If
part of the county is under the | 21 | | jurisdiction of a board or boards of election
commissioners, | 22 | | the county clerk shall submit a certified copy of the ordinance
| 23 | | or resolution to each board of election commissioners, which | 24 | | shall order the
proposition submitted to the electors of the | 25 | | taxing district within its
jurisdiction at the election | 26 | | specified in the ordinance or resolution.
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| 1 | | (f) With respect to taxing districts having all of their | 2 | | equalized assessed
valuation located in one county, if a | 3 | | majority of the votes cast on the
proposition are against the | 4 | | proposition, then this Law shall not apply to the
taxing | 5 | | district beginning on January 1 of the year following the date | 6 | | of
the referendum.
| 7 | | (g) With respect to taxing districts that do not have all | 8 | | of their
equalized assessed valuation located in a single | 9 | | county, if both of the
following conditions are met, then this | 10 | | Law shall no longer apply to the taxing
district beginning on | 11 | | January 1 of the year following the date of the
referendum.
| 12 | | (1) Each county in which the district has any equalized | 13 | | assessed valuation
must either, (i) have held a referendum | 14 | | under this Section, (ii) be an affected
county, or (iii) | 15 | | have held a referendum under Section 18-213 at which the
| 16 | | voters rejected the proposition at the most recent election | 17 | | at which the
question was on the ballot in the county.
| 18 | | (2) The majority of the equalized assessed valuation of | 19 | | the taxing
district,
other than any equalized assessed | 20 | | valuation in an affected county, is in one or
more counties | 21 | | in which the voters rejected the proposition. For purposes | 22 | | of
this
Section, in determining whether a majority of the | 23 | | equalized assessed valuation
of the taxing district is | 24 | | located in one or more counties in which the voters
have | 25 | | rejected the proposition under this Section, the equalized | 26 | | assessed
valuation of any taxing district in a county which |
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| 1 | | has held a referendum under
Section 18-213 at which the | 2 | | voters rejected that proposition, at the most
recent | 3 | | election at which the question was on the ballot in the | 4 | | county, will be
included with the equalized assessed value | 5 | | of the taxing district in counties
in
which the voters have | 6 | | rejected the referendum held under this Section.
| 7 | | (h) Immediately after a referendum is held under this | 8 | | Section, the county
clerk of the county holding the referendum | 9 | | shall give notice of the referendum
having been held and its | 10 | | results to all taxing districts that have all or a
portion of | 11 | | their equalized assessed valuation located in the county, the | 12 | | county
clerk of any other county in which any of the equalized | 13 | | assessed valuation of
any such taxing district is located, and | 14 | | the Department of Revenue. After the
last
referendum affecting | 15 | | a multi-county taxing district is held, the Department of
| 16 | | Revenue shall determine whether the taxing district is no | 17 | | longer subject to
this Law and, if the taxing district is no | 18 | | longer subject to this Law, the
Department of Revenue shall | 19 | | notify the taxing district and the county clerks of
all of the | 20 | | counties in which a portion of the equalized assessed valuation | 21 | | of
the taxing district is located that, beginning on January 1 | 22 | | of the
year following the date of the last
referendum, the | 23 | | taxing district is no longer subject to this Law.
| 24 | | (i) Notwithstanding any other provision of law, no | 25 | | referenda may be held under this Section with respect to levy | 26 | | years 2017 and 2018. |
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| 1 | | (Source: P.A. 89-718, eff. 3-7-97.)
| 2 | | (35 ILCS 200/18-242 new) | 3 | | Sec. 18-242. Home rule. This Division 5 is a limitation, | 4 | | under
subsection
(g) of Section 6 of Article VII of the | 5 | | Illinois Constitution, on the power of
home rule units to tax. | 6 | | Section 95. No acceleration or delay. Where this Act makes | 7 | | changes in a statute that is represented in this Act by text | 8 | | that is not yet or no longer in effect (for example, a Section | 9 | | represented by multiple versions), the use of that text does | 10 | | not accelerate or delay the taking effect of (i) the changes | 11 | | made by this Act or (ii) provisions derived from any other | 12 | | Public Act.
| 13 | | Section 99. Effective date. This Act takes effect upon | 14 | | becoming law.".
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