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Public Act 097-0611 |
SB1907 Enrolled | LRB097 08466 HEP 48593 b |
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AN ACT concerning transportation.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The Property Tax Code is amended by changing |
Section 18-185 as follows: |
(35 ILCS 200/18-185)
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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:
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"Consumer Price Index" means the Consumer Price Index for |
All Urban
Consumers for all items published by the United |
States Department of Labor.
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"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.
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"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.
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"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 |
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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
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which this Law becomes applicable to a taxing district as
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provided in Section 18-213, "taxing district" also includes |
those taxing
districts made subject to this Law as provided in |
Section 18-213.
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"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
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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 |
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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
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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
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referendum; (j) made for payments of principal and interest on |
bonds
issued under Section 15 of the Local Government Debt |
Reform Act; (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 |
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School Code, for payment of the school district's share of the
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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; (l) made to fund
expenses |
of providing joint recreational programs for the handicapped |
under
Section 5-8 of
the
Park District Code or Section 11-95-14 |
of the Illinois Municipal Code; (m) made for temporary |
relocation loan repayment purposes pursuant to Sections 2-3.77 |
and 17-2.2d of the School Code; (n) made for payment of |
principal and interest on any bonds issued under the authority |
of Section 17-2.2d of the School Code; and (o) made for |
contributions to a firefighter's pension fund created under |
Article 4 of the Illinois Pension Code, to the extent of the |
amount certified under item (5) of Section 4-134 of the |
Illinois Pension Code ; and (p) made for road purposes in the |
first year after a township assumes the rights, powers, duties, |
assets, property, liabilities, obligations, and
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responsibilities of a road district abolished under the |
provisions of Section 6-133 of the Illinois Highway Code .
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"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 |
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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
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principal and interest on bonds issued under the Metropolitan |
Water Reclamation
District Act to finance construction |
projects initiated before October 1,
1991; (h-4) made for |
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stormwater management purposes by the Metropolitan Water |
Reclamation District of Greater Chicago under Section 12 of the |
Metropolitan Water Reclamation District Act; (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 |
93-601 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; (m) made
pursuant
to Section 34-53.5 of the |
School Code, whether levied annually or not;
(n) made to fund |
expenses of providing joint recreational programs for the
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handicapped under Section 5-8 of the Park
District Code or |
Section 11-95-14 of the Illinois Municipal Code;
(o) made by |
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the
Chicago Park
District for recreational programs for the |
handicapped under subsection (c) of
Section
7.06 of the Chicago |
Park District Act; (p) made for contributions to a |
firefighter's pension fund created under Article 4 of the |
Illinois Pension Code, to the extent of the amount certified |
under item (5) of Section 4-134 of the Illinois Pension Code; |
and (q) made by Ford Heights School District 169 under Section |
17-9.02 of the School Code.
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"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 |
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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
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taxing district is held for payment of which a property tax
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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
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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
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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
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obligations initially issued pursuant to referendum; (i) made |
for payments
of
principal and interest on bonds issued under |
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Section 15 of the Local Government
Debt Reform Act;
(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); (k) made to fund expenses of providing |
joint
recreational programs for the handicapped under Section |
5-8 of
the
Park District Code or Section 11-95-14 of the |
Illinois Municipal Code; (l) made for contributions to a |
firefighter's pension fund created under Article 4 of the |
Illinois Pension Code, to the extent of the amount certified |
under item (5) of Section 4-134 of the Illinois Pension Code; |
and (m) made for the taxing district to pay interest or |
principal on general obligation bonds issued pursuant to |
Section 19-3.10 of the School Code.
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"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;
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(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 |
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this definition for non-referendum obligations, except
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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;
(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); (k) made to fund expenses of providing |
joint
recreational programs for the handicapped under Section |
5-8 of
the
Park District Code or Section 11-95-14 of the |
Illinois Municipal Code; and (l) made for contributions to a |
firefighter's pension fund created under Article 4 of the |
Illinois Pension Code, to the extent of the amount certified |
under item (5) of Section 4-134 of the Illinois Pension Code.
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"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
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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
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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). A debt service extension base |
established or increased at any time pursuant to any provision |
of this Law, except Section 18-212, shall be increased each |
year commencing with the later of (i) the 2009 levy year or |
(ii) the first levy year in which this Law becomes applicable |
to the taxing district, by the lesser of 5% or the percentage |
increase in the Consumer Price Index during the 12-month |
calendar year preceding the levy year. 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 |
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Section 20a of the Chicago Park District Act for
aquarium and |
museum projects; (ii) bonds issued under Section 15 of the
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Local Government Debt Reform Act; or (iii) refunding |
obligations issued
to refund or to continue to refund |
obligations initially issued pursuant to
referendum.
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"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
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district's permanent road fund whether levied annually or not. |
The
extension for a special service area is not included in the
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aggregate extension.
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"Aggregate extension base" means the taxing district's |
last preceding
aggregate extension as adjusted under Sections |
18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 |
shall be made for the 2007 levy year and all subsequent levy |
years whenever one or more counties within which a taxing |
district is located (i) used estimated valuations or rates when |
extending taxes in the taxing district for the last preceding |
levy year that resulted in the over or under extension of |
taxes, or (ii) increased or decreased the tax extension for the |
last preceding levy year as required by Section 18-135(c). |
Whenever an adjustment is required under Section 18-135, the |
aggregate extension base of the taxing district shall be equal |
to the amount that the aggregate extension of the taxing |
|
district would have been for the last preceding levy year if |
either or both (i) actual, rather than estimated, valuations or |
rates had been used to calculate the extension of taxes for the |
last levy year, or (ii) the tax extension for the last |
preceding levy year had not been adjusted as required by |
subsection (c) of Section 18-135.
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"Levy year" has the same meaning as "year" under Section
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1-155.
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"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, (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, including the assessed value, upon final stabilization |
of occupancy after new construction is complete, of any real |
property located within the boundaries of an otherwise or |
previously exempt military reservation that is intended for |
residential use and owned by or leased to a private corporation |
or other entity, and
(iii) in counties that classify in |
accordance with Section 4 of Article
IX of the
Illinois |
|
Constitution, an incentive property's additional assessed |
value
resulting from a
scheduled increase in the level of |
assessment as applied to the first year
final board of
review |
market value.
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.
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"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, previously |
established under the Economic Development Project Area Tax |
Increment Act of 1995, 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 or the recovered |
tax increment
value.
If a new rate, a rate decrease, or a |
limiting rate increase has been approved at an election held |
after March 21, 2006, then (i) the otherwise applicable |
limiting rate shall be increased by the amount of the new rate |
or shall be reduced by the amount of the rate decrease, as the |
case may be, or (ii) in the case of a limiting rate increase, |
the limiting rate shall be equal to the rate set forth
in the |
proposition approved by the voters for each of the years |
specified in the proposition, after
which the limiting rate of |
the taxing district shall be calculated as otherwise provided.
|
(Source: P.A. 95-90, eff. 1-1-08; 95-331, eff. 8-21-07; 95-404, |
eff. 1-1-08; 95-876, eff. 8-21-08; 96-501, eff. 8-14-09; |
96-517, eff. 8-14-09; 96-1000, eff. 7-2-10; 96-1202, eff. |
|
7-22-10.)
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Section 10. The Township Code is amended by changing |
Sections 235-5 and 235-10 as follows:
|
(60 ILCS 1/235-5)
|
Sec. 235-5. Township taxes for various purposes. The |
township board may
raise money, by taxation not exceeding the |
rates established in Section 235-10,
for the following |
purposes:
|
(1) Prosecuting or defending suits by or against the |
township or in which
the township is interested.
|
(2) Maintaining cemeteries under the control, |
management, and ownership of
the township and controlling, |
managing, and maintaining public cemeteries
not operated |
for profit, notwithstanding the provisions of Section 1c of |
the
Public Graveyards Act.
|
(3) Maintaining and operating a public nonsectarian |
hospital under Article
175. This authorization does not |
apply to any township that avails itself of
the provisions |
of Article 170.
|
(4) Maintaining and operating a township committee on |
youth under Section
215-5.
|
(5) Providing mental health services under Section |
190-10.
|
(6) Providing services in cooperation with another |
|
governmental entity,
not-for-profit corporation, or |
nonprofit community service association under
Section |
85-13.
|
(7) Maintaining and operating a township committee for |
senior citizens'
services under Section 220-10.
|
(8) Maintaining and operating a township health |
service that may provide,
but is not required to provide or |
limited to providing, examination, diagnosis,
testing, and |
inoculation and all necessary and appurtenant personnel,
|
equipment, and insurance.
|
(9) Accumulating moneys in a dedicated fund for a |
specific capital
construction
or maintenance project or a |
major equipment purchase. The annual budget and
|
appropriation ordinance for the township shall state the |
amount, purpose, and
duration of any accumulation of funds |
authorized under this Section, with
specific reference to |
each project to be constructed or equipment to be
|
purchased. Nothing in this item precludes a township from |
accumulating moneys
as provided in Section 6-501 of the |
Illinois Highway Code.
|
(10) Executing the rights, powers, duties, and |
responsibilities, or satisfying the liabilities or |
obligations, assumed from a road district abolished under |
the provisions of Section 6-133 of the Illinois Highway |
Code. |
(11) (10) Any other purpose authorized by law.
|
|
(Source: P.A. 91-357, eff. 7-29-99; 92-656, eff. 7-16-02.)
|
(60 ILCS 1/235-10)
|
Sec. 235-10. Rate of tax; referendum to increase maximum |
rate.
|
(a) In townships having an equalized assessed valuation of |
$36,000,000 or
more, taxes authorized by subsection (a) may be |
extended at a rate not
exceeding 0.25% of value, as equalized |
or assessed by the Department of
Revenue, of all taxable |
property in the township.
|
(b) In townships having an equalized assessed valuation of |
$30,000,000 but
less than $36,000,000, taxes authorized by |
subsection (a) may be extended at a
rate calculated to yield |
tax revenues not exceeding $90,000.
|
(c) In townships having an equalized assessed valuation of |
$15,000,000 but
less than $30,000,000, taxes authorized by |
subsection (a) may be extended at
a rate not exceeding the rate |
computed by subtracting 0.01% of value for
each $1,000,000 or |
major fraction thereof in excess of $15,000,000 but less
than |
$30,000,000 of equalized assessed valuation from the rate of |
0.45% of
value.
|
(d) In townships having an equalized assessed valuation of |
less than
$15,000,000, taxes may be extended at a rate not |
exceeding 0.45% of value,
as equalized or assessed by the |
Department of Revenue, of all taxable property
in the township.
|
(e)(1) In townships having an equalized assessed valuation |
|
of less than
$10,000,000, taxes may be extended at a rate of |
not more than 0.45% of value,
or not more than 0.65% of value |
if approved by voters in the township in a
referendum on the |
limit increase, as equalized or assessed by the
Department of |
Revenue, of all taxable property in the township.
|
(2) On the petition of at least 10% of the registered |
voters residing in
the township to the township clerk, the |
clerk shall order a referendum on the
proposition to increase |
the extension limitation as provided in the petition.
The |
township clerk shall certify the proposition to the proper |
election
officials, who shall submit the proposition to the |
township voters at the
next election in accordance with the |
general election law. The proposition
shall be in substantially |
the following form:
|
Shall the present maximum tax extension limit of |
(insert present
maximum tax extension limit) of the value, |
as equalized or assessed by the
Department of Revenue, of |
the taxable real property in (name of township) be
|
increased to a maximum tax extension limit of (insert |
proposed maximum tax
extension limit) of the value, as |
equalized or assessed by the Department of
Revenue, of the |
taxable real property in (name of township)?
|
The votes shall be recorded as "Yes" or "No".
|
(3) If a majority of all ballots cast on the proposition is |
in favor
of the increase, the county clerk shall certify the |
results of the election to
the township clerk.
|
|
(f) Any township having exceeded an equalized assessed |
valuation of
$15,000,000 before September 17, 1983, may tax at |
the rate authorized to be
extended under this Section if |
approved by the township voters at the annual
township meeting. |
If approval is not obtained, the tax may not be extended at a
|
rate of more than 0.25% of the value, as equalized and assessed |
by the
Department of Revenue, of all taxable property in the |
township. |
(g) Any township having assumed the rights, powers, duties, |
assets, property, liabilities, obligations, and
|
responsibilities of a road district abolished under the |
provisions of Section 6-133 of the Illinois Highway Code may |
tax at a rate determined by adding the rate authorized to be |
extended under this Section to the last rate authorized to be |
extended for road purposes under Section 6-501 of the Illinois |
Highway Code.
|
(Source: P.A. 85-1178; 88-62.)
|
Section 15. The Illinois Highway Code is amended by adding |
Section 6-133 as follows: |
(605 ILCS 5/6-133 new) |
Sec. 6-133. Abolishing a road district in Cook County. By |
resolution, the board of trustees of any township located in |
Cook County, Illinois, may submit a proposition to abolish the |
road district of that township to the electors of that township
|
|
at a general election or consolidated election in accordance |
with the general election law. The
ballot shall be in |
substantially the following form: |
|
--------- | | |
Shall the Road District of the Township of | | | |
........... be abolished with all the rights, | YES | | |
powers, duties, assets, property, liabilities, | |
obligations, and responsibilities being assumed | --------- | | |
by the Township of ........... ? | NO | | |
--------- | |
|
In the event that a majority of the electors voting on such |
proposition are in favor thereof, then
the road district shall |
be abolished by operation of law effective on January 1 of the |
calendar
year immediately following the calendar year in which |
the proposition was approved by the
electors. |
On that date, all the rights, powers, duties, assets, |
property, liabilities, obligations, and
responsibilities of |
the road district shall by operation of law vest in and be |
assumed by the
township. On that date, the township board of |
trustees shall assume all taxing authority of a road district |
abolished under this Section. On that date, any highway |
commissioner of the abolished road district shall cease to
hold |
office, such term having been terminated. Thereafter, the |
township shall exercise all duties
and responsibilities of the |
|
highway commissioner as provided in the Illinois Highway Code. |
The
township board of trustees may enter into a contract with |
the county, a municipality, or a private
contractor to |
administer the roads under its jurisdiction. The township board |
of trustees shall
assume all taxing authority of a township |
road district abolished under this subsection. For purposes
of |
distribution of revenue, the township shall assume the powers, |
duties, and obligations of the
road district.
|