Rep. Elaine Nekritz

Filed: 3/2/2012

 

 


 

 


 
09700HB4021ham001LRB097 13356 HLH 66649 a

1
AMENDMENT TO HOUSE BILL 4021

2    AMENDMENT NO. ______. Amend House Bill 4021 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Section 18-185 and by adding Section 18-53 as follows:
 
6    (35 ILCS 200/18-53 new)
7    Sec. 18-53. Recovery of revenue lost due to tax refunds.
8    (a) When a taxing district is required to refund a portion
9of the property tax revenue distributed to that taxing district
10because of a decision of the Property Tax Appeal Board, an
11assessment or exemption decision of the Department of Revenue,
12a court order issued pursuant to an assessment valuation
13complaint under item (3) of subsection (b) of Section 23-15, or
14an administrative decision of a local assessment official
15reducing the assessed value of a property within the district,
16that taxing district may, without referendum, adopt a levy to

 

 

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1recapture the revenue lost by the refund or refunds.
2    (b) The recapture levy must not exceed an amount equal to
3the aggregate refunds of principal taxes (excluding any
4interest) paid by the district for the prior calendar year. At
5the district's option, the total amount to be recaptured for
6the prior calendar year may be levied and extended in up to 3
7successive annual installments, but the total of all
8installments shall not exceed the amount allowed under this
9Section for a single levy. Each single levy or installment of a
10recapture levy must be included as a separate line item in the
11district's regular levy ordinance, and the ordinance must
12specify for each item the year of recapture and whether the
13item is the first, second, or third installment of the total
14recapture for that year. The total amount of all recapture line
15items in any one levy ordinance shall not exceed 5% of the
16aggregate amount of all other items included in that ordinance
17except for debt service. Within 45 days after a request by a
18taxing district, the county treasurer must certify the
19aggregate refunds paid by a taxing district for purposes of
20this Section. For purposes of the Property Tax Extension
21Limitation Law, the taxing district's aggregate extension base
22does not include the recapture levy authorized under this
23Section.
24    (c) Whenever the county treasurer certifies aggregate
25refunds at the request of a taxing district under this Section,
26the treasurer shall keep records of the individual refunds

 

 

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1included in the aggregate. That information shall be provided
2to the county clerk. The county clerk shall keep a record of
3that information and of any recapture levy that may thereafter
4be extended, so that the amount of that extension may be
5distinguished from any other levies and extensions for that
6district. The county treasurer's and the county clerk's records
7under this Section must be made available to the public upon
8request.
9    (d) Any taxpayer who has received a refund of taxes paid on
10his or her property that has been included in a recapture levy
11or levies by one or more taxing districts under this Section
12has the right to have a portion of the refund amount included
13in the extension of each district's recapture levy against his
14or her property abated to the extent that the refund amount
15included in each district's recapture levy exceeds $1,000. The
16abatement may be granted only upon application as provided in
17this Section, and submission of the application shall not delay
18or otherwise affect the normal tax extension and billing
19process. For purposes of this Section, the property for which
20the recapture extension may be abated is defined as one or more
21parcels that were the subject of a consolidated refund. If the
22taxing district's recapture levy and extension was made in a
23lesser amount than the aggregate of all refunds certified by
24the treasurer for that district, each abatement shall reflect
25that same proportionate reduction.
26    (e) A taxpayer seeking an abatement under this Section

 

 

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1shall apply to the county treasurer after the issuance of the
2second installment of the tax bill that includes the amount
3sought to be abated, but no later than the due date under
4Section 23-10 for tax objection complaints regarding tax levies
5of the year for which the recapture levy was extended. The
6county treasurer may prescribe the form in which the
7application shall be made. The application shall include a copy
8of the decision or order giving rise to the refund and must
9specify the abatement claimed. The treasurer, assisted if
10necessary by the county clerk, shall confirm (i) whether the
11refund identified in the application was included within the
12appropriate treasurer's certification of aggregate refunds and
13(ii) the percentage that the refund represents of the total
14recapture levy, and, upon such confirmation, the abatement must
15be allowed as provided in this Section. If the taxes abated
16have been paid, the abatement amount must be refunded. The
17treasurer shall determine whether to allow or deny the
18application and shall advise the applicant of the determination
19within 90 days after its submission, and a failure to make an
20express determination within that time shall be deemed a
21denial. If the treasurer cannot determine whether the
22application should be allowed, or otherwise denies the
23application, any taxpayer who has paid the tax subject to the
24claimed abatement may petition the circuit court for a refund
25in the time and manner provided in Section 20-175. Any refund
26granted pursuant to an abatement may not be included in a

 

 

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1recapture levy under this Section.
2    (f) The county treasurer and county clerk shall mark their
3records to reflect that any taxes abated under this Section and
4any lien with respect to those taxes shall be null and void.
 
5    (35 ILCS 200/18-185)
6    Sec. 18-185. Short title; definitions. This Division 5 may
7be cited as the Property Tax Extension Limitation Law. As used
8in this Division 5:
9    "Consumer Price Index" means the Consumer Price Index for
10All Urban Consumers for all items published by the United
11States Department of Labor.
12    "Extension limitation" means (a) the lesser of 5% or the
13percentage increase in the Consumer Price Index during the
1412-month calendar year preceding the levy year or (b) the rate
15of increase approved by voters under Section 18-205.
16    "Affected county" means a county of 3,000,000 or more
17inhabitants or a county contiguous to a county of 3,000,000 or
18more inhabitants.
19    "Taxing district" has the same meaning provided in Section
201-150, except as otherwise provided in this Section. For the
211991 through 1994 levy years only, "taxing district" includes
22only each non-home rule taxing district having the majority of
23its 1990 equalized assessed value within any county or counties
24contiguous to a county with 3,000,000 or more inhabitants.
25Beginning with the 1995 levy year, "taxing district" includes

 

 

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1only each non-home rule taxing district subject to this Law
2before the 1995 levy year and each non-home rule taxing
3district not subject to this Law before the 1995 levy year
4having the majority of its 1994 equalized assessed value in an
5affected county or counties. Beginning with the levy year in
6which this Law becomes applicable to a taxing district as
7provided in Section 18-213, "taxing district" also includes
8those taxing districts made subject to this Law as provided in
9Section 18-213.
10    "Aggregate extension" for taxing districts to which this
11Law applied before the 1995 levy year means the annual
12corporate extension for the taxing district and those special
13purpose extensions that are made annually for the taxing
14district, excluding special purpose extensions: (a) made for
15the taxing district to pay interest or principal on general
16obligation bonds that were approved by referendum; (b) made for
17any taxing district to pay interest or principal on general
18obligation bonds issued before October 1, 1991; (c) made for
19any taxing district to pay interest or principal on bonds
20issued to refund or continue to refund those bonds issued
21before October 1, 1991; (d) made for any taxing district to pay
22interest or principal on bonds issued to refund or continue to
23refund bonds issued after October 1, 1991 that were approved by
24referendum; (e) made for any taxing district to pay interest or
25principal on revenue bonds issued before October 1, 1991 for
26payment of which a property tax levy or the full faith and

 

 

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1credit of the unit of local government is pledged; however, a
2tax for the payment of interest or principal on those bonds
3shall be made only after the governing body of the unit of
4local government finds that all other sources for payment are
5insufficient to make those payments; (f) made for payments
6under a building commission lease when the lease payments are
7for the retirement of bonds issued by the commission before
8October 1, 1991, to pay for the building project; (g) made for
9payments due under installment contracts entered into before
10October 1, 1991; (h) made for payments of principal and
11interest on bonds issued under the Metropolitan Water
12Reclamation District Act to finance construction projects
13initiated before October 1, 1991; (i) made for payments of
14principal and interest on limited bonds, as defined in Section
153 of the Local Government Debt Reform Act, in an amount not to
16exceed the debt service extension base less the amount in items
17(b), (c), (e), and (h) of this definition for non-referendum
18obligations, except obligations initially issued pursuant to
19referendum; (j) made for payments of principal and interest on
20bonds issued under Section 15 of the Local Government Debt
21Reform Act; (k) made by a school district that participates in
22the Special Education District of Lake County, created by
23special education joint agreement under Section 10-22.31 of the
24School Code, for payment of the school district's share of the
25amounts required to be contributed by the Special Education
26District of Lake County to the Illinois Municipal Retirement

 

 

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1Fund under Article 7 of the Illinois Pension Code; the amount
2of any extension under this item (k) shall be certified by the
3school district to the county clerk; (l) made to fund expenses
4of providing joint recreational programs for the handicapped
5under Section 5-8 of the Park District Code or Section 11-95-14
6of the Illinois Municipal Code; (m) made for temporary
7relocation loan repayment purposes pursuant to Sections 2-3.77
8and 17-2.2d of the School Code; (n) made for payment of
9principal and interest on any bonds issued under the authority
10of Section 17-2.2d of the School Code; (o) made for
11contributions to a firefighter's pension fund created under
12Article 4 of the Illinois Pension Code, to the extent of the
13amount certified under item (5) of Section 4-134 of the
14Illinois Pension Code; and (p) made for road purposes in the
15first year after a township assumes the rights, powers, duties,
16assets, property, liabilities, obligations, and
17responsibilities of a road district abolished under the
18provisions of Section 6-133 of the Illinois Highway Code; and
19(q) made as a recapture levy under Section 18-53 of the
20Property Tax Code.
21    "Aggregate extension" for the taxing districts to which
22this Law did not apply before the 1995 levy year (except taxing
23districts subject to this Law in accordance with Section
2418-213) means the annual corporate extension for the taxing
25district and those special purpose extensions that are made
26annually for the taxing district, excluding special purpose

 

 

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1extensions: (a) made for the taxing district to pay interest or
2principal on general obligation bonds that were approved by
3referendum; (b) made for any taxing district to pay interest or
4principal on general obligation bonds issued before March 1,
51995; (c) made for any taxing district to pay interest or
6principal on bonds issued to refund or continue to refund those
7bonds issued before March 1, 1995; (d) made for any taxing
8district to pay interest or principal on bonds issued to refund
9or continue to refund bonds issued after March 1, 1995 that
10were approved by referendum; (e) made for any taxing district
11to pay interest or principal on revenue bonds issued before
12March 1, 1995 for payment of which a property tax levy or the
13full faith and credit of the unit of local government is
14pledged; however, a tax for the payment of interest or
15principal on those bonds shall be made only after the governing
16body of the unit of local government finds that all other
17sources for payment are insufficient to make those payments;
18(f) made for payments under a building commission lease when
19the lease payments are for the retirement of bonds issued by
20the commission before March 1, 1995 to pay for the building
21project; (g) made for payments due under installment contracts
22entered into before March 1, 1995; (h) made for payments of
23principal and interest on bonds issued under the Metropolitan
24Water Reclamation District Act to finance construction
25projects initiated before October 1, 1991; (h-4) made for
26stormwater management purposes by the Metropolitan Water

 

 

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1Reclamation District of Greater Chicago under Section 12 of the
2Metropolitan Water Reclamation District Act; (i) made for
3payments of principal and interest on limited bonds, as defined
4in Section 3 of the Local Government Debt Reform Act, in an
5amount not to exceed the debt service extension base less the
6amount in items (b), (c), and (e) of this definition for
7non-referendum obligations, except obligations initially
8issued pursuant to referendum and bonds described in subsection
9(h) of this definition; (j) made for payments of principal and
10interest on bonds issued under Section 15 of the Local
11Government Debt Reform Act; (k) made for payments of principal
12and interest on bonds authorized by Public Act 88-503 and
13issued under Section 20a of the Chicago Park District Act for
14aquarium or museum projects; (l) made for payments of principal
15and interest on bonds authorized by Public Act 87-1191 or
1693-601 and (i) issued pursuant to Section 21.2 of the Cook
17County Forest Preserve District Act, (ii) issued under Section
1842 of the Cook County Forest Preserve District Act for
19zoological park projects, or (iii) issued under Section 44.1 of
20the Cook County Forest Preserve District Act for botanical
21gardens projects; (m) made pursuant to Section 34-53.5 of the
22School Code, whether levied annually or not; (n) made to fund
23expenses of providing joint recreational programs for the
24handicapped under Section 5-8 of the Park District Code or
25Section 11-95-14 of the Illinois Municipal Code; (o) made by
26the Chicago Park District for recreational programs for the

 

 

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1handicapped under subsection (c) of Section 7.06 of the Chicago
2Park District Act; (p) made for contributions to a
3firefighter's pension fund created under Article 4 of the
4Illinois Pension Code, to the extent of the amount certified
5under item (5) of Section 4-134 of the Illinois Pension Code;
6and (q) made by Ford Heights School District 169 under Section
717-9.02 of the School Code; and (r) made as a recapture levy
8under Section 18-53 of the Property Tax Code.
9    "Aggregate extension" for all taxing districts to which
10this Law applies in accordance with Section 18-213, except for
11those taxing districts subject to paragraph (2) of subsection
12(e) of Section 18-213, means the annual corporate extension for
13the taxing district and those special purpose extensions that
14are made annually for the taxing district, excluding special
15purpose extensions: (a) made for the taxing district to pay
16interest or principal on general obligation bonds that were
17approved by referendum; (b) made for any taxing district to pay
18interest or principal on general obligation bonds issued before
19the date on which the referendum making this Law applicable to
20the taxing district is held; (c) made for any taxing district
21to pay interest or principal on bonds issued to refund or
22continue to refund those bonds issued before the date on which
23the referendum making this Law applicable to the taxing
24district is held; (d) made for any taxing district to pay
25interest or principal on bonds issued to refund or continue to
26refund bonds issued after the date on which the referendum

 

 

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

 

 

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1Section 15 of the Local Government Debt Reform Act; (j) made
2for a qualified airport authority to pay interest or principal
3on general obligation bonds issued for the purpose of paying
4obligations due under, or financing airport facilities
5required to be acquired, constructed, installed or equipped
6pursuant to, contracts entered into before March 1, 1996 (but
7not including any amendments to such a contract taking effect
8on or after that date); (k) made to fund expenses of providing
9joint recreational programs for the handicapped under Section
105-8 of the Park District Code or Section 11-95-14 of the
11Illinois Municipal Code; (l) made for contributions to a
12firefighter's pension fund created under Article 4 of the
13Illinois Pension Code, to the extent of the amount certified
14under item (5) of Section 4-134 of the Illinois Pension Code;
15and (m) made for the taxing district to pay interest or
16principal on general obligation bonds issued pursuant to
17Section 19-3.10 of the School Code; and (n) made as a recapture
18levy under Section 18-53 of the Property Tax Code.
19    "Aggregate extension" for all taxing districts to which
20this Law applies in accordance with paragraph (2) of subsection
21(e) of Section 18-213 means the annual corporate extension for
22the taxing district and those special purpose extensions that
23are made annually for the taxing district, excluding special
24purpose extensions: (a) made for the taxing district to pay
25interest or principal on general obligation bonds that were
26approved by referendum; (b) made for any taxing district to pay

 

 

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1interest or principal on general obligation bonds issued before
2the effective date of this amendatory Act of 1997; (c) made for
3any taxing district to pay interest or principal on bonds
4issued to refund or continue to refund those bonds issued
5before the effective date of this amendatory Act of 1997; (d)
6made for any taxing district to pay interest or principal on
7bonds issued to refund or continue to refund bonds issued after
8the effective date of this amendatory Act of 1997 if the bonds
9were approved by referendum after the effective date of this
10amendatory Act of 1997; (e) made for any taxing district to pay
11interest or principal on revenue bonds issued before the
12effective date of this amendatory Act of 1997 for payment of
13which a property tax levy or the full faith and credit of the
14unit of local government is pledged; however, a tax for the
15payment of interest or principal on those bonds shall be made
16only after the governing body of the unit of local government
17finds that all other sources for payment are insufficient to
18make those payments; (f) made for payments under a building
19commission lease when the lease payments are for the retirement
20of bonds issued by the commission before the effective date of
21this amendatory Act of 1997 to pay for the building project;
22(g) made for payments due under installment contracts entered
23into before the effective date of this amendatory Act of 1997;
24(h) made for payments of principal and interest on limited
25bonds, as defined in Section 3 of the Local Government Debt
26Reform Act, in an amount not to exceed the debt service

 

 

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1extension base less the amount in items (b), (c), and (e) of
2this definition for non-referendum obligations, except
3obligations initially issued pursuant to referendum; (i) made
4for payments of principal and interest on bonds issued under
5Section 15 of the Local Government Debt Reform Act; (j) made
6for a qualified airport authority to pay interest or principal
7on general obligation bonds issued for the purpose of paying
8obligations due under, or financing airport facilities
9required to be acquired, constructed, installed or equipped
10pursuant to, contracts entered into before March 1, 1996 (but
11not including any amendments to such a contract taking effect
12on or after that date); (k) made to fund expenses of providing
13joint recreational programs for the handicapped under Section
145-8 of the Park District Code or Section 11-95-14 of the
15Illinois Municipal Code; and (l) made for contributions to a
16firefighter's pension fund created under Article 4 of the
17Illinois Pension Code, to the extent of the amount certified
18under item (5) of Section 4-134 of the Illinois Pension Code;
19and (m) made as a recapture levy under Section 18-53 of the
20Property Tax Code.
21    "Debt service extension base" means an amount equal to that
22portion of the extension for a taxing district for the 1994
23levy year, or for those taxing districts subject to this Law in
24accordance with Section 18-213, except for those subject to
25paragraph (2) of subsection (e) of Section 18-213, for the levy
26year in which the referendum making this Law applicable to the

 

 

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1taxing district is held, or for those taxing districts subject
2to this Law in accordance with paragraph (2) of subsection (e)
3of Section 18-213 for the 1996 levy year, constituting an
4extension for payment of principal and interest on bonds issued
5by the taxing district without referendum, but not including
6excluded non-referendum bonds. For park districts (i) that were
7first subject to this Law in 1991 or 1995 and (ii) whose
8extension for the 1994 levy year for the payment of principal
9and interest on bonds issued by the park district without
10referendum (but not including excluded non-referendum bonds)
11was less than 51% of the amount for the 1991 levy year
12constituting an extension for payment of principal and interest
13on bonds issued by the park district without referendum (but
14not including excluded non-referendum bonds), "debt service
15extension base" means an amount equal to that portion of the
16extension for the 1991 levy year constituting an extension for
17payment of principal and interest on bonds issued by the park
18district without referendum (but not including excluded
19non-referendum bonds). A debt service extension base
20established or increased at any time pursuant to any provision
21of this Law, except Section 18-212, shall be increased each
22year commencing with the later of (i) the 2009 levy year or
23(ii) the first levy year in which this Law becomes applicable
24to the taxing district, by the lesser of 5% or the percentage
25increase in the Consumer Price Index during the 12-month
26calendar year preceding the levy year. The debt service

 

 

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1extension base may be established or increased as provided
2under Section 18-212. "Excluded non-referendum bonds" means
3(i) bonds authorized by Public Act 88-503 and issued under
4Section 20a of the Chicago Park District Act for aquarium and
5museum projects; (ii) bonds issued under Section 15 of the
6Local Government Debt Reform Act; or (iii) refunding
7obligations issued to refund or to continue to refund
8obligations initially issued pursuant to referendum.
9    "Special purpose extensions" include, but are not limited
10to, extensions for levies made on an annual basis for
11unemployment and workers' compensation, self-insurance,
12contributions to pension plans, and extensions made pursuant to
13Section 6-601 of the Illinois Highway Code for a road
14district's permanent road fund whether levied annually or not.
15The extension for a special service area is not included in the
16aggregate extension.
17    "Aggregate extension base" means the taxing district's
18last preceding aggregate extension as adjusted under Sections
1918-135, 18-215, and 18-230. An adjustment under Section 18-135
20shall be made for the 2007 levy year and all subsequent levy
21years whenever one or more counties within which a taxing
22district is located (i) used estimated valuations or rates when
23extending taxes in the taxing district for the last preceding
24levy year that resulted in the over or under extension of
25taxes, or (ii) increased or decreased the tax extension for the
26last preceding levy year as required by Section 18-135(c).

 

 

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1Whenever an adjustment is required under Section 18-135, the
2aggregate extension base of the taxing district shall be equal
3to the amount that the aggregate extension of the taxing
4district would have been for the last preceding levy year if
5either or both (i) actual, rather than estimated, valuations or
6rates had been used to calculate the extension of taxes for the
7last levy year, or (ii) the tax extension for the last
8preceding levy year had not been adjusted as required by
9subsection (c) of Section 18-135.
10    "Levy year" has the same meaning as "year" under Section
111-155.
12    "New property" means (i) the assessed value, after final
13board of review or board of appeals action, of new improvements
14or additions to existing improvements on any parcel of real
15property that increase the assessed value of that real property
16during the levy year multiplied by the equalization factor
17issued by the Department under Section 17-30, (ii) the assessed
18value, after final board of review or board of appeals action,
19of real property not exempt from real estate taxation, which
20real property was exempt from real estate taxation for any
21portion of the immediately preceding levy year, multiplied by
22the equalization factor issued by the Department under Section
2317-30, including the assessed value, upon final stabilization
24of occupancy after new construction is complete, of any real
25property located within the boundaries of an otherwise or
26previously exempt military reservation that is intended for

 

 

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1residential use and owned by or leased to a private corporation
2or other entity, and (iii) in counties that classify in
3accordance with Section 4 of Article IX of the Illinois
4Constitution, an incentive property's additional assessed
5value resulting from a scheduled increase in the level of
6assessment as applied to the first year final board of review
7market value. In addition, the county clerk in a county
8containing a population of 3,000,000 or more shall include in
9the 1997 recovered tax increment value for any school district,
10any recovered tax increment value that was applicable to the
111995 tax year calculations.
12    "Qualified airport authority" means an airport authority
13organized under the Airport Authorities Act and located in a
14county bordering on the State of Wisconsin and having a
15population in excess of 200,000 and not greater than 500,000.
16    "Recovered tax increment value" means, except as otherwise
17provided in this paragraph, the amount of the current year's
18equalized assessed value, in the first year after a
19municipality terminates the designation of an area as a
20redevelopment project area previously established under the
21Tax Increment Allocation Development Act in the Illinois
22Municipal Code, previously established under the Industrial
23Jobs Recovery Law in the Illinois Municipal Code, previously
24established under the Economic Development Project Area Tax
25Increment Act of 1995, or previously established under the
26Economic Development Area Tax Increment Allocation Act, of each

 

 

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

 

 

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

 

 

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1(Source: P.A. 96-501, eff. 8-14-09; 96-517, eff. 8-14-09;
296-1000, eff. 7-2-10; 96-1202, eff. 7-22-10; 97-611, eff.
31-1-12.)".
 
4    Section 10. The School Code is amended by changing Section
52-3.33 as follows:
 
6    (105 ILCS 5/2-3.33)  (from Ch. 122, par. 2-3.33)
7    Sec. 2-3.33. Recomputation of claims. To recompute within
83 years from the final date for filing of a claim any claim for
9reimbursement to any school district if the claim has been
10found to be incorrect and to adjust subsequent claims
11accordingly, and to recompute and adjust any such claims within
126 years from the final date for filing when there has been an
13adverse court or administrative agency decision on the merits
14affecting the tax revenues of the school district, but
15excluding revenue recovered under Section 18-53 of the Property
16Tax Code. However, no such adjustment shall be made regarding
17equalized assessed valuation unless the district's equalized
18assessed valuation is changed by greater than $250,000 or 2%.
19    Except in the case of an adverse court or administrative
20agency decision no recomputation of a State aid claim shall be
21made pursuant to this Section as a result of a reduction in the
22assessed valuation of a school district from the assessed
23valuation of the district reported to the State Board of
24Education by the Department of Revenue under Section 18-8.05

 

 

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1unless the requirements of Section 16-15 of the Property Tax
2Code and Section 2-3.84 of this Code are complied with in all
3respects.
4    This paragraph applies to all requests for recomputation of
5a general State aid claim received after June 30, 2003. In
6recomputing a general State aid claim that was originally
7calculated using an extension limitation equalized assessed
8valuation under paragraph (3) of subsection (G) of Section
918-8.05 of this Code, a qualifying reduction in equalized
10assessed valuation shall be deducted from the extension
11limitation equalized assessed valuation that was used in
12calculating the original claim.
13    From the total amount of general State aid to be provided
14to districts, adjustments as a result of recomputation under
15this Section together with adjustments under Section 2-3.84
16must not exceed $25 million, in the aggregate for all districts
17under both Sections combined, of the general State aid
18appropriation in any fiscal year; if necessary, amounts shall
19be prorated among districts. If it is necessary to prorate
20claims under this paragraph, then that portion of each prorated
21claim that is approved but not paid in the current fiscal year
22may be resubmitted as a valid claim in the following fiscal
23year.
24(Source: P.A. 93-845, eff. 7-30-04.)
 
25    (105 ILCS 5/2-3.84 rep.)

 

 

09700HB4021ham001- 24 -LRB097 13356 HLH 66649 a

1    Section 15. The School Code is amended by repealing Section
22-3.84.".