Illinois General Assembly - Full Text of HB5311
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Full Text of HB5311  98th General Assembly




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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 adding
5Division 7 to Article 18 as follows:
6    (35 ILCS 200/Art. 18 Div. 7 heading new)
Division 7. Township Property Tax Extension Freeze Law.

8    (35 ILCS 200/18-280 new)
9    Sec. 18-280. Short title; definitions. This Division 7 may
10be cited as the Township Property Tax Extension Freeze Law.
11    As used in this Division 7:
12    "Aggregate extension" means the annual corporate extension
13for the town fund of the township, excluding highway funds,
14general assistance funds, and any special purpose extensions.
15    "Town fund" means the fund or funds for which moneys are
16appropriated by townships for general operating expenses in
17compliance with Section 3 of the Illinois Municipal Budget Law.
18    "Current year" means the 2014 levy year.
19    "Special purpose extensions" include, but are not limited
20to, extensions for levies made on an annual basis for
21unemployment and workers' compensation, self-insurance,
22contributions to pension plans, whether levied annually or not.



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1The extension for a special service area is not included in the
2aggregate extension.
3    "Aggregate extension base" means the township's aggregate
4extension for the 2013 levy year.
5    "New property" means (i) the assessed value, after final
6board of review or board of appeals action, of new improvements
7or additions to existing improvements on any parcel of real
8property that increase the assessed value of that real property
9during the levy year multiplied by the equalization factor
10issued by the Department under Section 17-30 and (ii) the
11assessed value, after final board of review or board of appeals
12action, of real property not exempt from real estate taxation,
13which real property was exempt from real estate taxation for
14any portion of the immediately preceding levy year, multiplied
15by the equalization factor issued by the Department under
16Section 17-30.
17    "Recovered tax increment value" means the amount of the
18current year's equalized assessed value, in the first year
19after a city terminates the designation of an area as a
20redevelopment project area previously established under the
21Tax Increment Allocation Development Act of the Illinois
22Municipal Code, previously established under the Industrial
23Jobs Recovery Law of the Illinois Municipal Code, or previously
24established under the Economic Development Area Tax Increment
25Allocation Act, of each taxable lot, block, tract, or parcel of
26real property in the redevelopment project area over and above



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1the initial equalized assessed value of each property in the
2redevelopment project area.
3    Except as otherwise provided in this Division, "limiting
4rate" means a fraction the numerator of which is the aggregate
5extension base and the denominator of which is the current
6year's equalized assessed value of all real property in the
7territory under the jurisdiction of the township during the
82013 levy year. The denominator shall not include new property
9and shall not include the recovered tax increment value.
10    (35 ILCS 200/18-285 new)
11    Sec. 18-285. Township extensions.
12    (a) Notwithstanding any other provision of law, in counties
13under township organization that are subject to the Property
14Tax Extension Limitation Law, for the 2014 levy year, for those
15townships with a population of 100,000 or less, according to
16the most recent federal decennial census, for which the county
17clerk extended taxes for any funds included in the aggregate
18extension base for the 2013 levy year, the county clerk shall
19extend a rate for the sum of the funds in the township's
20aggregate extension base that is no greater than the limiting
21rate. Notwithstanding any other provision of law, except as
22provided in subsection (b), this Section limits the increase in
23the township's 2014 aggregate extension to 0%. Notwithstanding
24any other provision of law, this Section does not apply to the
25following townships: Orland, Bloom, Rich, Stickney, and



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2    (b) If and only if the township obtains referendum approval
3for an increased limiting rate under Section 18-290, then the
4county clerk shall extend a rate for the sum of the funds in
5the township's aggregate extension base that is no greater than
6the increased limiting rate.
7    (c) If the county clerk is required to reduce the aggregate
8extension of a township under the provisions of this Division,
9then the county clerk shall proportionally reduce the extension
10for each fund included in the aggregate extension, unless a
11different method of reduction is requested by the township.
12    (35 ILCS 200/18-290 new)
13    Sec. 18-290. Increased limiting rate. A township that is
14subject to the limitation set forth in Section 18-285 may
15increase its limiting rate for the 2014 levy year if and only
16if the township submits the question at referendum before the
17levy date for the applicable year, and if a majority of voters
18voting on the issue approves adoption of the increased limiting
19rate. Referenda shall be conducted at a regularly scheduled
20election in accordance with the Election Code. The question
21shall be presented in substantially the following manner:
22        Shall the limiting rate under the Township Property Tax
23    Extension Freeze Law for (township), Illinois, be
24    increased to (increased limiting rate)?
25    Votes shall be recorded as "Yes" or "No".



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1    Section 90. The State Mandates Act is amended by adding
2Section 8.38 as follows:
3    (30 ILCS 805/8.38 new)
4    Sec. 8.38. Exempt mandate. Notwithstanding Sections 6 and 8
5of this Act, no reimbursement by the State is required for the
6implementation of any mandate created by this amendatory Act of
7the 98th General Assembly.
8    Section 99. Effective date. This Act takes effect upon
9becoming law.