Illinois General Assembly - Full Text of HB5428
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Full Text of HB5428  101st General Assembly

HB5428 101ST GENERAL ASSEMBLY

  
  

 


 
101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5428

 

Introduced , by Rep. Thomas Morrison - Grant Wehrli - Joe Sosnowski - Amy Grant, Lindsay Parkhurst, et al.

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/18-56
35 ILCS 200/18-65
35 ILCS 200/18-70
35 ILCS 200/18-85
35 ILCS 200/18-90

    Amends the Truth in Taxation Law in the Property Tax Code. Provides that the adoption of an aggregate levy that exceeds 102% of the amount of the final aggregate levy for the preceding year shall require a truth in taxation hearing and a record vote of two-thirds of the members of the corporate authorities of the taxing district.


LRB101 18959 HLH 68418 b

FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB5428LRB101 18959 HLH 68418 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Sections 18-56, 18-65, 18-70, 18-85, and 18-90 as follows:
 
6    (35 ILCS 200/18-56)
7    Sec. 18-56. Legislative purpose. The purpose of this Law is
8to require taxing districts to disclose by publication and to
9hold a public hearing on their intention to adopt an aggregate
10levy in amounts more than 102% 105% of the amount of property
11taxes extended or estimated to be extended, including any
12amount abated by the taxing district prior to such extension,
13upon the final aggregate levy of the preceding year.
14(Source: P.A. 88-660, eff. 9-16-94.)
 
15    (35 ILCS 200/18-65)
16    Sec. 18-65. Restriction on extension. Until it has complied
17with the notice and hearing provisions of this Article, no
18taxing district shall levy an amount of ad valorem tax which is
19more than 102% 105% of the amount, exclusive of election costs,
20which has been extended or is estimated will be extended, plus
21any amount abated by the taxing district before extension, upon
22the final aggregate levy of the preceding year. In addition,

 

 

HB5428- 2 -LRB101 18959 HLH 68418 b

1notwithstanding any other provision of law, the adoption of an
2aggregate levy that exceeds 102% of the amount, exclusive of
3election costs, which has been extended or is estimated will be
4extended, plus any amount abated by the taxing district before
5extension, as a final aggregate levy for the preceding year
6shall require a record vote of two-thirds of the members of the
7corporate authorities of the taxing district.
8(Source: P.A. 86-957; 88-455.)
 
9    (35 ILCS 200/18-70)
10    Sec. 18-70. More than 5% increase; notice and hearing
11required. If the estimate of the corporate authority made as
12provided in Section 18-60 is more than 102% 105% of the amount
13extended or estimated to be extended, plus any amount abated by
14the corporate authority prior to extension, upon the final
15aggregate levy of the preceding year, exclusive of election
16costs, the corporate authority shall give public notice of and
17hold a public hearing on its intent to adopt an aggregate levy
18in an amount which is more than 102% 105% of the amount
19extended or estimated to be extended upon the final aggregate
20levy extensions, plus any amount abated, exclusive of election
21costs, for the preceding year. The hearing shall not coincide
22with the hearing on the proposed budget of the taxing district.
23(Source: P.A. 86-957; 88-455.)
 
24    (35 ILCS 200/18-85)

 

 

HB5428- 3 -LRB101 18959 HLH 68418 b

1    Sec. 18-85. Notice if adopted levy exceeds proposed levy.
2If the final aggregate tax levy resolution or ordinance adopted
3is more than 102% 105% of the amount, exclusive of election
4costs, which was extended or is estimated to be extended, plus
5any amount abated by the taxing district prior to extension,
6upon the final aggregate levy of the preceding year and is in
7excess of the amount of the proposed levy stated in the notice
8published under Section 18-70, or is more than 102% 105% of
9that amount and no notice was required under Section 18-70, the
10corporate authority shall give public notice of its action
11within 15 days of the adoption of the levy in the following
12form:
13    Notice of Adopted Property Tax Increase for ... (commonly
14known name of taxing district).
15    I. The corporate and special purpose property taxes
16extended or abated for ... (preceding year) ... were ...
17(dollar amount of the final aggregate levy as extended).
18    The adopted corporate and special purpose property taxes to
19be levied for ... (current year) ... are ... (dollar amount of
20the proposed aggregate levy). This represents a ...
21(percentage) ... increase over the previous year.
22    II. The property taxes extended for debt service and public
23building commission leases for ... (preceding year) ... were
24... (dollar amount).
25    The estimated property taxes to be levied for debt service
26and public building commission leases for ... (current year)

 

 

HB5428- 4 -LRB101 18959 HLH 68418 b

1... are ... (dollar amount). This represents a ... (percentage
2increase or decrease) ... over the previous year.
3    III. The total property taxes extended or abated for ...
4(preceding year) ... were ... (dollar amount).
5    IV. The estimated total property taxes to be levied for ...
6(current year) ... are ... (dollar amount). This represents a
7... (percentage increase or decrease) ... over the previous
8year.
9    A taxing district may, in its discretion and if applicable,
10include the following in the notice:
11    V. The taxing district has estimated its equalized assessed
12valuation to secure new growth revenue and must adhere to the
13Property Tax Extension Limitation Law (PTELL or "tax cap" law).
14PTELL limits the increase over the prior year in the property
15tax extension of this taxing district to the lesser of 5% or
16the percentage increase in the Consumer Price Index (CPI),
17which is (insert applicable CPI percentage increase).
18(Source: P.A. 96-504, eff. 8-14-09.)
 
19    (35 ILCS 200/18-90)
20    Sec. 18-90. Limitation on extension of county clerk. The
21tax levy resolution or ordinance approved in the manner
22provided for in this Article shall be filed with the county
23clerk in the manner and at the time otherwise provided by law.
24No amount more than 102% 105% of the amount, exclusive of
25election costs, which has been extended or is estimated to be

 

 

HB5428- 5 -LRB101 18959 HLH 68418 b

1extended, plus any amount abated by the taxing district prior
2to extension, upon the final aggregate levy of the preceding
3year shall be extended unless the tax levy ordinance or
4resolution is accompanied by a certification by the presiding
5officer of the corporate authority certifying compliance with
6or inapplicability of the provisions of Sections 18-60 through
718-85. An amount extended under Section 18-107 in 1994 for a
8multi-township assessment district that did not file a
9certification of compliance with the Truth in Taxation Law may
10not exceed 102% 105% of the amount, exclusive of election
11costs, that was extended in 1993, plus a proportional amount
12abated before extension, upon the levy or portion of a levy
13that is allocable to assessment purposes in each township that
14is a member of that multi-township assessment district.
15(Source: P.A. 88-455; 88-660, eff. 9-16-94.)