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

HB5311sam001 98TH GENERAL ASSEMBLY

Sen. Karen McConnaughay

Filed: 5/14/2014

 

 


 

 


 
09800HB5311sam001LRB098 20152 HLH 59589 a

1
AMENDMENT TO HOUSE BILL 5311

2    AMENDMENT NO. ______. Amend House Bill 5311 by replacing
3everything after the enacting clause with the following:
 
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)
7
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

 

 

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1appropriated by townships for general operating expenses in
2compliance with Section 3 of the Illinois Municipal Budget Law.
3    "Current year" means the 2014 levy year.
4    "Special purpose extensions" include, but are not limited
5to, extensions for levies made on an annual basis for
6unemployment and workers' compensation, self-insurance,
7contributions to pension plans, whether levied annually or not.
8The extension for a special service area is not included in the
9aggregate extension.
10    "Aggregate extension base" means the township's aggregate
11extension for the 2013 levy year.
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 and (ii) the
18assessed value, after final board of review or board of appeals
19action, of real property not exempt from real estate taxation,
20which real property was exempt from real estate taxation for
21any portion of the immediately preceding levy year, multiplied
22by the equalization factor issued by the Department under
23Section 17-30.
24    "Recovered tax increment value" means the amount of the
25current year's equalized assessed value, in the first year
26after a city terminates the designation of an area as a

 

 

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1redevelopment project area previously established under the
2Tax Increment Allocation Development Act of the Illinois
3Municipal Code, previously established under the Industrial
4Jobs Recovery Law of the Illinois Municipal Code, or previously
5established under the Economic Development Area Tax Increment
6Allocation Act, of each taxable lot, block, tract, or parcel of
7real property in the redevelopment project area over and above
8the initial equalized assessed value of each property in the
9redevelopment project area.
10    Except as otherwise provided in this Division, "limiting
11rate" means a fraction the numerator of which is the aggregate
12extension base and the denominator of which is the current
13year's equalized assessed value of all real property in the
14territory under the jurisdiction of the township during the
152013 levy year. The denominator shall not include new property
16and shall not include the recovered tax increment value.
17    "Natural disaster" means an occurrence of widespread or
18severe damage or loss of property resulting from any
19catastrophic cause including, but not limited to, fire, flood,
20earthquake, wind, storm, or extended period of severe inclement
21weather.
22    "Proclaimed natural disaster" means a natural disaster
23that has been proclaimed as such by the Governor or the
24President of the United States.
 
25    (35 ILCS 200/18-285 new)

 

 

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1    Sec. 18-285. Township extensions.
2    (a) Notwithstanding any other provision of law, in counties
3under township organization that are subject to the Property
4Tax Extension Limitation Law, for the 2014 levy year, for those
5townships with a population of 100,000 or less, according to
6the most recent federal decennial census, for which the county
7clerk extended taxes for any funds included in the aggregate
8extension base for the 2013 levy year, the county clerk shall
9extend a rate for the sum of the funds in the township's
10aggregate extension base that is no greater than the limiting
11rate. Notwithstanding any other provision of law, except as
12provided in subsection (b), this Section limits the increase in
13the township's 2014 aggregate extension to 0%. Notwithstanding
14any other provision of law, this Section does not apply to
15townships located in any county in which a proclaimed natural
16disaster occurred at any time during calendar year 2013.
17Notwithstanding any other provision of law, this Section does
18not apply to the following townships: Orland, Bloom, Rich,
19Stickney, Calumet, Berwyn, Cicero, Hanover, Leyden, Oak Park,
20River Forest, and Riverside in Cook County; Addison,
21Naperville, and Wayne in DuPage County; Antioch, Avon, Benton,
22Cuba, Ela, Fremont, Grant, Lake Villa, Libertyville, Moraine,
23Newport, Shields, Vernon, Warren, Wauconda, Waukegan, and West
24Deerfield in Lake County; Channahon, DuPage, Jackson,
25Lockport, Plainfield, Troy, and Wheatland in Will County;
26Belvidere in Boone County; and Kendall and Oswego in Kendall

 

 

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1County.
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.".