Public Act 093-0601
Public Act 93-0601 of the 93rd General Assembly
Public Act 93-0601
SB83 Enrolled LRB093 04102 SJM 04142 b
AN ACT in relation to taxes.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Section 18-185 as follows:
(35 ILCS 200/18-185)
Sec. 18-185. Short title; definitions. This Division 5
may be cited as the Property Tax Extension Limitation Law.
As used in this Division 5:
"Consumer Price Index" means the Consumer Price Index for
All Urban Consumers for all items published by the United
States Department of Labor.
"Extension limitation" means (a) the lesser of 5% or the
percentage increase in the Consumer Price Index during the
12-month calendar year preceding the levy year or (b) the
rate of increase approved by voters under Section 18-205.
"Affected county" means a county of 3,000,000 or more
inhabitants or a county contiguous to a county of 3,000,000
or more inhabitants.
"Taxing district" has the same meaning provided in
Section 1-150, except as otherwise provided in this Section.
For the 1991 through 1994 levy years only, "taxing district"
includes only each non-home rule taxing district having the
majority of its 1990 equalized assessed value within any
county or counties contiguous to a county with 3,000,000 or
more inhabitants. Beginning with the 1995 levy year, "taxing
district" includes only each non-home rule taxing district
subject to this Law before the 1995 levy year and each
non-home rule taxing district not subject to this Law before
the 1995 levy year having the majority of its 1994 equalized
assessed value in an affected county or counties. Beginning
with the levy year in which this Law becomes applicable to a
taxing district as provided in Section 18-213, "taxing
district" also includes those taxing districts made subject
to this Law as provided in Section 18-213.
"Aggregate extension" for taxing districts to which this
Law applied before the 1995 levy year means the annual
corporate extension for the taxing district and those special
purpose extensions that are made annually for the taxing
district, excluding special purpose extensions: (a) made for
the taxing district to pay interest or principal on general
obligation bonds that were approved by referendum; (b) made
for any taxing district to pay interest or principal on
general obligation bonds issued before October 1, 1991; (c)
made for any taxing district to pay interest or principal on
bonds issued to refund or continue to refund those bonds
issued before October 1, 1991; (d) made for any taxing
district to pay interest or principal on bonds issued to
refund or continue to refund bonds issued after October 1,
1991 that were approved by referendum; (e) made for any
taxing district to pay interest or principal on revenue bonds
issued before October 1, 1991 for payment of which a property
tax levy or the full faith and credit of the unit of local
government is pledged; however, a tax for the payment of
interest or principal on those bonds shall be made only after
the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission
lease when the lease payments are for the retirement of bonds
issued by the commission before October 1, 1991, to pay for
the building project; (g) made for payments due under
installment contracts entered into before October 1, 1991;
(h) made for payments of principal and interest on bonds
issued under the Metropolitan Water Reclamation District Act
to finance construction projects initiated before October 1,
1991; (i) made for payments of principal and interest on
limited bonds, as defined in Section 3 of the Local
Government Debt Reform Act, in an amount not to exceed the
debt service extension base less the amount in items (b),
(c), (e), and (h) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (j) made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; and (k) made by a school district that
participates in the Special Education District of Lake
County, created by special education joint agreement under
Section 10-22.31 of the School Code, for payment of the
school district's share of the amounts required to be
contributed by the Special Education District of Lake County
to the Illinois Municipal Retirement Fund under Article 7 of
the Illinois Pension Code; the amount of any extension under
this item (k) shall be certified by the school district to
the county clerk.
"Aggregate extension" for the taxing districts to which
this Law did not apply before the 1995 levy year (except
taxing districts subject to this Law in accordance with
Section 18-213) means the annual corporate extension for the
taxing district and those special purpose extensions that are
made annually for the taxing district, excluding special
purpose extensions: (a) made for the taxing district to pay
interest or principal on general obligation bonds that were
approved by referendum; (b) made for any taxing district to
pay interest or principal on general obligation bonds issued
before March 1, 1995; (c) made for any taxing district to pay
interest or principal on bonds issued to refund or continue
to refund those bonds issued before March 1, 1995; (d) made
for any taxing district to pay interest or principal on bonds
issued to refund or continue to refund bonds issued after
March 1, 1995 that were approved by referendum; (e) made for
any taxing district to pay interest or principal on revenue
bonds issued before March 1, 1995 for payment of which a
property tax levy or the full faith and credit of the unit of
local government is pledged; however, a tax for the payment
of interest or principal on those bonds shall be made only
after the governing body of the unit of local government
finds that all other sources for payment are insufficient to
make those payments; (f) made for payments under a building
commission lease when the lease payments are for the
retirement of bonds issued by the commission before March 1,
1995 to pay for the building project; (g) made for payments
due under installment contracts entered into before March 1,
1995; (h) made for payments of principal and interest on
bonds issued under the Metropolitan Water Reclamation
District Act to finance construction projects initiated
before October 1, 1991; (i) made for payments of principal
and interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum and bonds described in subsection (h) of this
definition; (j) made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; (k) made for payments of principal and interest
on bonds authorized by Public Act 88-503 and issued under
Section 20a of the Chicago Park District Act for aquarium or
museum projects; (l) made for payments of principal and
interest on bonds authorized by Public Act 87-1191 or this
amendatory Act of the 93rd General Assembly and (i) issued
pursuant to Section 21.2 of the Cook County Forest Preserve
District Act, (ii) issued under Section 42 of the Cook County
Forest Preserve District Act for zoological park projects, or
(iii) issued under Section 44.1 of the Cook County Forest
Preserve District Act for botanical gardens projects; and (m)
made pursuant to Section 34-53.5 of the School Code, whether
levied annually or not.
"Aggregate extension" for all taxing districts to which
this Law applies in accordance with Section 18-213, except
for those taxing districts subject to paragraph (2) of
subsection (e) of Section 18-213, means the annual corporate
extension for the taxing district and those special purpose
extensions that are made annually for the taxing district,
excluding special purpose extensions: (a) made for the taxing
district to pay interest or principal on general obligation
bonds that were approved by referendum; (b) made for any
taxing district to pay interest or principal on general
obligation bonds issued before the date on which the
referendum making this Law applicable to the taxing district
is held; (c) made for any taxing district to pay interest or
principal on bonds issued to refund or continue to refund
those bonds issued before the date on which the referendum
making this Law applicable to the taxing district is held;
(d) made for any taxing district to pay interest or principal
on bonds issued to refund or continue to refund bonds issued
after the date on which the referendum making this Law
applicable to the taxing district is held if the bonds were
approved by referendum after the date on which the referendum
making this Law applicable to the taxing district is held;
(e) made for any taxing district to pay interest or principal
on revenue bonds issued before the date on which the
referendum making this Law applicable to the taxing district
is held for payment of which a property tax levy or the full
faith and credit of the unit of local government is pledged;
however, a tax for the payment of interest or principal on
those bonds shall be made only after the governing body of
the unit of local government finds that all other sources for
payment are insufficient to make those payments; (f) made for
payments under a building commission lease when the lease
payments are for the retirement of bonds issued by the
commission before the date on which the referendum making
this Law applicable to the taxing district is held to pay for
the building project; (g) made for payments due under
installment contracts entered into before the date on which
the referendum making this Law applicable to the taxing
district is held; (h) made for payments of principal and
interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (i) made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; and (j) made for a qualified airport authority to
pay interest or principal on general obligation bonds issued
for the purpose of paying obligations due under, or financing
airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into
before March 1, 1996 (but not including any amendments to
such a contract taking effect on or after that date).
"Aggregate extension" for all taxing districts to which
this Law applies in accordance with paragraph (2) of
subsection (e) of Section 18-213 means the annual corporate
extension for the taxing district and those special purpose
extensions that are made annually for the taxing district,
excluding special purpose extensions: (a) made for the taxing
district to pay interest or principal on general obligation
bonds that were approved by referendum; (b) made for any
taxing district to pay interest or principal on general
obligation bonds issued before the effective date of this
amendatory Act of 1997; (c) made for any taxing district to
pay interest or principal on bonds issued to refund or
continue to refund those bonds issued before the effective
date of this amendatory Act of 1997; (d) made for any taxing
district to pay interest or principal on bonds issued to
refund or continue to refund bonds issued after the effective
date of this amendatory Act of 1997 if the bonds were
approved by referendum after the effective date of this
amendatory Act of 1997; (e) made for any taxing district to
pay interest or principal on revenue bonds issued before the
effective date of this amendatory Act of 1997 for payment of
which a property tax levy or the full faith and credit of the
unit of local government is pledged; however, a tax for the
payment of interest or principal on those bonds shall be made
only after the governing body of the unit of local government
finds that all other sources for payment are insufficient to
make those payments; (f) made for payments under a building
commission lease when the lease payments are for the
retirement of bonds issued by the commission before the
effective date of this amendatory Act of 1997 to pay for the
building project; (g) made for payments due under installment
contracts entered into before the effective date of this
amendatory Act of 1997; (h) made for payments of principal
and interest on limited bonds, as defined in Section 3 of the
Local Government Debt Reform Act, in an amount not to exceed
the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non-referendum
obligations, except obligations initially issued pursuant to
referendum; (i) made for payments of principal and interest
on bonds issued under Section 15 of the Local Government Debt
Reform Act; and (j) made for a qualified airport authority to
pay interest or principal on general obligation bonds issued
for the purpose of paying obligations due under, or financing
airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into
before March 1, 1996 (but not including any amendments to
such a contract taking effect on or after that date).
"Debt service extension base" means an amount equal to
that portion of the extension for a taxing district for the
1994 levy year, or for those taxing districts subject to this
Law in accordance with Section 18-213, except for those
subject to paragraph (2) of subsection (e) of Section 18-213,
for the levy year in which the referendum making this Law
applicable to the taxing district is held, or for those
taxing districts subject to this Law in accordance with
paragraph (2) of subsection (e) of Section 18-213 for the
1996 levy year, constituting an extension for payment of
principal and interest on bonds issued by the taxing district
without referendum, but not including excluded non-referendum
bonds. For park districts (i) that were first subject to
this Law in 1991 or 1995 and (ii) whose extension for the
1994 levy year for the payment of principal and interest on
bonds issued by the park district without referendum (but not
including excluded non-referendum bonds) was less than 51% of
the amount for the 1991 levy year constituting an extension
for payment of principal and interest on bonds issued by the
park district without referendum (but not including excluded
non-referendum bonds), "debt service extension base" means an
amount equal to that portion of the extension for the 1991
levy year constituting an extension for payment of principal
and interest on bonds issued by the park district without
referendum (but not including excluded non-referendum bonds).
The debt service extension base may be established or
increased as provided under Section 18-212. "Excluded
non-referendum bonds" means (i) bonds authorized by Public
Act 88-503 and issued under Section 20a of the Chicago Park
District Act for aquarium and museum projects; (ii) bonds
issued under Section 15 of the Local Government Debt Reform
Act; and or (iii) refunding obligations issued to refund or
to continue to refund obligations initially issued pursuant
to referendum. The debt service extension base may be
established or increased as provided under Section 18-212.
"Special purpose extensions" include, but are not limited
to, extensions for levies made on an annual basis for
unemployment and workers' compensation, self-insurance,
contributions to pension plans, and extensions made pursuant
to Section 6-601 of the Illinois Highway Code for a road
district's permanent road fund whether levied annually or
not. The extension for a special service area is not
included in the aggregate extension.
"Aggregate extension base" means the taxing district's
last preceding aggregate extension as adjusted under Sections
18-215 through 18-230.
"Levy year" has the same meaning as "year" under Section
1-155.
"New property" means (i) the assessed value, after final
board of review or board of appeals action, of new
improvements or additions to existing improvements on any
parcel of real property that increase the assessed value of
that real property during the levy year multiplied by the
equalization factor issued by the Department under Section
17-30 and (ii) the assessed value, after final board of
review or board of appeals action, of real property not
exempt from real estate taxation, which real property was
exempt from real estate taxation for any portion of the
immediately preceding levy year, multiplied by the
equalization factor issued by the Department under Section
17-30. In addition, the county clerk in a county containing a
population of 3,000,000 or more shall include in the 1997
recovered tax increment value for any school district, any
recovered tax increment value that was applicable to the 1995
tax year calculations.
"Qualified airport authority" means an airport authority
organized under the Airport Authorities Act and located in a
county bordering on the State of Wisconsin and having a
population in excess of 200,000 and not greater than 500,000.
"Recovered tax increment value" means, except as
otherwise provided in this paragraph, the amount of the
current year's equalized assessed value, in the first year
after a municipality terminates the designation of an area as
a redevelopment project area previously established under the
Tax Increment Allocation Development Act in the Illinois
Municipal Code, previously established under the Industrial
Jobs Recovery Law in the Illinois Municipal Code, or
previously established under the Economic Development Area
Tax Increment Allocation Act, of each taxable lot, block,
tract, or parcel of real property in the redevelopment
project area over and above the initial equalized assessed
value of each property in the redevelopment project area. For
the taxes which are extended for the 1997 levy year, the
recovered tax increment value for a non-home rule taxing
district that first became subject to this Law for the 1995
levy year because a majority of its 1994 equalized assessed
value was in an affected county or counties shall be
increased if a municipality terminated the designation of an
area in 1993 as a redevelopment project area previously
established under the Tax Increment Allocation Development
Act in the Illinois Municipal Code, previously established
under the Industrial Jobs Recovery Law in the Illinois
Municipal Code, or previously established under the Economic
Development Area Tax Increment Allocation Act, by an amount
equal to the 1994 equalized assessed value of each taxable
lot, block, tract, or parcel of real property in the
redevelopment project area over and above the initial
equalized assessed value of each property in the
redevelopment project area. In the first year after a
municipality removes a taxable lot, block, tract, or parcel
of real property from a redevelopment project area
established under the Tax Increment Allocation Development
Act in the Illinois Municipal Code, the Industrial Jobs
Recovery Law in the Illinois Municipal Code, or the Economic
Development Area Tax Increment Allocation Act, "recovered tax
increment value" means the amount of the current year's
equalized assessed value of each taxable lot, block, tract,
or parcel of real property removed from the redevelopment
project area over and above the initial equalized assessed
value of that real property before removal from the
redevelopment project area.
Except as otherwise provided in this Section, "limiting
rate" means a fraction the numerator of which is the last
preceding aggregate extension base times an amount equal to
one plus the extension limitation defined in this Section and
the denominator of which is the current year's equalized
assessed value of all real property in the territory under
the jurisdiction of the taxing district during the prior levy
year. For those taxing districts that reduced their
aggregate extension for the last preceding levy year, the
highest aggregate extension in any of the last 3 preceding
levy years shall be used for the purpose of computing the
limiting rate. The denominator shall not include new
property. The denominator shall not include the recovered
tax increment value.
(Source: P.A. 91-357, eff. 7-29-99; 91-478, eff. 11-1-99;
92-547, eff. 6-13-02.)
Section 22. The Cook County Forest Preserve District Act
is amended by changing Sections 42 and 44.1 and by adding
Section 21.2 as follows:
(70 ILCS 810/21.2 new)
Sec. 21.2. Indebtedness of district; additional bonds.
For the purpose of making capital improvements to any land
acquired or to be acquired by the district and repairs,
reconstruction, rehabilitation, or renovation in connection
with any buildings of the district or to acquire equipment
for the district, the corporate authorities of the forest
preserve district in which the improvements or buildings are
maintained may from time to time incur indebtedness and issue
bonds therefor in amounts not exceeding, in the aggregate,
$50,000,000. The bonds shall bear interest at not more than
the maximum rate provided by law and may mature up to 30
years from the date thereof. A resolution authorizing the
issuance of bonds under this Section may be made effective
without the submission thereof to the voters of the district
for approval.
All moneys received from the issuance of bonds as
provided for in this Section shall be set apart in a separate
fund by the district treasurer and shall be used only for the
purposes set forth in this Section.
The corporate authorities of the district shall provide
for the levy of a direct annual tax upon all the taxable
property in the district, sufficient to pay and discharge the
principal of the bonds at maturity and to pay the interest
thereon as it falls due. This tax shall be levied and
collected in like manner with the general taxes of the forest
preserve district and shall be in addition to the maximum of
all other taxes and tax rates that the district is or may be
authorized to levy.
(70 ILCS 810/42) (from Ch. 96 1/2, par. 6445)
Sec. 42. For the purpose of making capital improvements
and major repairs in connection with a zoological park, the
corporate authorities of the forest preserve district in
which such park is maintained may from time to time incur an
indebtedness and issue bonds therefor on or before December
31, 1998 in amounts not exceeding in the aggregate
$52,640,000 $27,640,000. Such bonds shall bear interest at
not more than the maximum rate provided by law and may mature
up to 30 years from the date thereof. A resolution
authorizing the issuance of bonds under this Section may be
made effective without the submission thereof to the voters
of the district for approval.
All moneys received from the issuance of bonds as
provided in this Section shall be set apart in a separate
fund by the district treasurer and shall be used only for the
purposes set forth in this Section.
The corporate authorities of such district shall provide
for the levy of a direct annual tax upon all the taxable
property in such district, sufficient to pay and discharge
the principal of such bonds at maturity and to pay the
interest thereon as it falls due. This tax shall be levied
and collected in like manner with the general taxes of the
forest preserve district and shall be in addition to the
maximum of all other taxes and tax rates which the district
is or may be authorized to levy.
(Source: P.A. 89-449, eff. 6-1-96.)
(70 ILCS 810/44.1) (from Ch. 96 1/2, par. 6447.1)
Sec. 44.1. For the purpose of making capital
improvements in connection with botanical gardens, the
corporate authorities of the forest preserve district in
which such gardens are maintained may incur an indebtedness
and issue bonds therefor in amounts not exceeding in the
aggregate $32,000,000 $7,000,000. Such bonds shall bear
interest at not more than the maximum rate provided by law
and shall mature within 20 years from the date thereof. The
resolution authorizing this issuance of bonds may be made
effective without the submission thereof to the voters of the
district for approval.
All moneys received from the issuance of bonds as
provided in this Section shall be set apart in a separate
fund by the district treasurer and shall be used only for the
purposes set forth in this Section.
The corporate authorities of such district shall provide
for the levy of a direct annual tax upon all the taxable
property in such district, sufficient to pay and discharge
the principal of such bonds at maturity and to pay the
interest thereon as it falls due. This tax shall be levied
and collected in like manner with the general taxes of the
forest preserve district and shall be in addition to the
maximum of all other taxes and tax rates which the district
is or may be authorized to levy.
(Source: P.A. 85-1421.)
Effective Date: 1/1/2004
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