Full Text of SB0851 100th General Assembly
SB0851ham003 100TH GENERAL ASSEMBLY | Rep. Michelle Mussman Filed: 11/7/2017
| | 10000SB0851ham003 | | LRB100 05418 HLH 30613 a |
|
| 1 | | AMENDMENT TO SENATE BILL 851
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 851 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by changing | 5 | | Sections 15-170, 15-175, 18-185, 18-205, 18-213, and 18-214 and | 6 | | by adding Sections 15-178, 18-213.1, and 18-242 as follows: | 7 | | (35 ILCS 200/15-170) | 8 | | Sec. 15-170. Senior citizens homestead exemption. An | 9 | | annual homestead
exemption limited, except as described here | 10 | | with relation to cooperatives or
life care facilities, to a
| 11 | | maximum reduction set forth below from the property's value, as | 12 | | equalized or
assessed by the Department, is granted for | 13 | | property that is occupied as a
residence by a person 65 years | 14 | | of age or older who is liable for paying real
estate taxes on | 15 | | the property and is an owner of record of the property or has a
| 16 | | legal or equitable interest therein as evidenced by a written |
| | | 10000SB0851ham003 | - 2 - | LRB100 05418 HLH 30613 a |
|
| 1 | | instrument,
except for a leasehold interest, other than a | 2 | | leasehold interest of land on
which a single family residence | 3 | | is located, which is occupied as a residence by
a person 65 | 4 | | years or older who has an ownership interest therein, legal,
| 5 | | equitable or as a lessee, and on which he or she is liable for | 6 | | the payment
of property taxes. Before taxable year 2004, the | 7 | | maximum reduction shall be $2,500 in counties with
3,000,000 or | 8 | | more inhabitants and $2,000 in all other counties. For taxable | 9 | | years 2004 through 2005, the maximum reduction shall be $3,000 | 10 | | in all counties. For taxable years 2006 and 2007, the maximum | 11 | | reduction shall be $3,500. For taxable years 2008 through 2011, | 12 | | the maximum reduction is $4,000 in all counties.
For taxable | 13 | | year 2012, the maximum reduction is $5,000 in counties with
| 14 | | 3,000,000 or more inhabitants and $4,000 in all other counties. | 15 | | For taxable years 2013 through 2016, the maximum reduction is | 16 | | $5,000 in all counties. For taxable year years 2017 and | 17 | | thereafter , the maximum reduction is $8,000 in counties with | 18 | | 3,000,000 or more inhabitants and $5,000 in all other counties. | 19 | | For taxable years 2018 and thereafter, the maximum reduction is | 20 | | $8,000 in all counties. | 21 | | For land
improved with an apartment building owned and | 22 | | operated as a cooperative, the maximum reduction from the value | 23 | | of the property, as
equalized
by the Department, shall be | 24 | | multiplied by the number of apartments or units
occupied by a | 25 | | person 65 years of age or older who is liable, by contract with
| 26 | | the owner or owners of record, for paying property taxes on the |
| | | 10000SB0851ham003 | - 3 - | LRB100 05418 HLH 30613 a |
|
| 1 | | property and
is an owner of record of a legal or equitable | 2 | | interest in the cooperative
apartment building, other than a | 3 | | leasehold interest. For land improved with
a life care | 4 | | facility, the maximum reduction from the value of the property, | 5 | | as
equalized by the Department, shall be multiplied by the | 6 | | number of apartments or
units occupied by persons 65 years of | 7 | | age or older, irrespective of any legal,
equitable, or | 8 | | leasehold interest in the facility, who are liable, under a
| 9 | | contract with the owner or owners of record of the facility, | 10 | | for paying
property taxes on the property. In a
cooperative or | 11 | | a life care facility where a
homestead exemption has been | 12 | | granted, the cooperative association or the
management firm of | 13 | | the cooperative or facility shall credit the savings
resulting | 14 | | from that exemption only to
the apportioned tax liability of | 15 | | the owner or resident who qualified for
the exemption.
Any | 16 | | person who willfully refuses to so credit the savings shall be | 17 | | guilty of a
Class B misdemeanor. Under this Section and | 18 | | Sections 15-175, 15-176, and 15-177, "life care
facility" means | 19 | | a facility, as defined in Section 2 of the Life Care Facilities
| 20 | | Act, with which the applicant for the homestead exemption has a | 21 | | life care
contract as defined in that Act. | 22 | | When a homestead exemption has been granted under this | 23 | | Section and the person
qualifying subsequently becomes a | 24 | | resident of a facility licensed under the Assisted Living and | 25 | | Shared Housing Act, the Nursing Home Care Act, the Specialized | 26 | | Mental Health Rehabilitation Act of 2013, the ID/DD Community |
| | | 10000SB0851ham003 | - 4 - | LRB100 05418 HLH 30613 a |
|
| 1 | | Care Act, or the MC/DD Act, the exemption shall continue so | 2 | | long as the residence
continues to be occupied by the | 3 | | qualifying person's spouse if the spouse is 65
years of age or | 4 | | older, or if the residence remains unoccupied but is still
| 5 | | owned by the person qualified for the homestead exemption. | 6 | | A person who will be 65 years of age
during the current | 7 | | assessment year
shall
be eligible to apply for the homestead | 8 | | exemption during that assessment
year.
Application shall be | 9 | | made during the application period in effect for the
county of | 10 | | his residence. | 11 | | Beginning with assessment year 2003, for taxes payable in | 12 | | 2004,
property
that is first occupied as a residence after | 13 | | January 1 of any assessment year by
a person who is eligible | 14 | | for the senior citizens homestead exemption under this
Section | 15 | | must be granted a pro-rata exemption for the assessment year. | 16 | | The
amount of the pro-rata exemption is the exemption
allowed | 17 | | in the county under this Section divided by 365 and multiplied | 18 | | by the
number of days during the assessment year the property | 19 | | is occupied as a
residence by a
person eligible for the | 20 | | exemption under this Section. The chief county
assessment | 21 | | officer must adopt reasonable procedures to establish | 22 | | eligibility
for this pro-rata exemption. | 23 | | The assessor or chief county assessment officer may | 24 | | determine the eligibility
of a life care facility to receive | 25 | | the benefits provided by this Section, by
affidavit, | 26 | | application, visual inspection, questionnaire or other |
| | | 10000SB0851ham003 | - 5 - | LRB100 05418 HLH 30613 a |
|
| 1 | | reasonable
methods in order to insure that the tax savings | 2 | | resulting from the exemption
are credited by the management | 3 | | firm to the apportioned tax liability of each
qualifying | 4 | | resident. The assessor may request reasonable proof that the
| 5 | | management firm has so credited the exemption. | 6 | | The chief county assessment officer of each county with | 7 | | less than 3,000,000
inhabitants shall provide to each person | 8 | | allowed a homestead exemption under
this Section a form to | 9 | | designate any other person to receive a
duplicate of any notice | 10 | | of delinquency in the payment of taxes assessed and
levied | 11 | | under this Code on the property of the person receiving the | 12 | | exemption.
The duplicate notice shall be in addition to the | 13 | | notice required to be
provided to the person receiving the | 14 | | exemption, and shall be given in the
manner required by this | 15 | | Code. The person filing the request for the duplicate
notice | 16 | | shall pay a fee of $5 to cover administrative costs to the | 17 | | supervisor of
assessments, who shall then file the executed | 18 | | designation with the county
collector. Notwithstanding any | 19 | | other provision of this Code to the contrary,
the filing of | 20 | | such an executed designation requires the county collector to
| 21 | | provide duplicate notices as indicated by the designation. A | 22 | | designation may
be rescinded by the person who executed such | 23 | | designation at any time, in the
manner and form required by the | 24 | | chief county assessment officer. | 25 | | The assessor or chief county assessment officer may | 26 | | determine the
eligibility of residential property to receive |
| | | 10000SB0851ham003 | - 6 - | LRB100 05418 HLH 30613 a |
|
| 1 | | the homestead exemption provided
by this Section by | 2 | | application, visual inspection, questionnaire or other
| 3 | | reasonable methods. The determination shall be made in | 4 | | accordance with
guidelines established by the Department. | 5 | | In counties with 3,000,000 or more inhabitants, beginning | 6 | | in taxable year 2010, each taxpayer who has been granted an | 7 | | exemption under this Section must reapply on an annual basis. | 8 | | The chief county assessment officer shall mail the application | 9 | | to the taxpayer. In counties with less than 3,000,000 | 10 | | inhabitants, the county board may by
resolution provide that if | 11 | | a person has been granted a homestead exemption
under this | 12 | | Section, the person qualifying need not reapply for the | 13 | | exemption. | 14 | | In counties with less than 3,000,000 inhabitants, if the | 15 | | assessor or chief
county assessment officer requires annual | 16 | | application for verification of
eligibility for an exemption | 17 | | once granted under this Section, the application
shall be | 18 | | mailed to the taxpayer. | 19 | | The assessor or chief county assessment officer shall | 20 | | notify each person
who qualifies for an exemption under this | 21 | | Section that the person may also
qualify for deferral of real | 22 | | estate taxes under the Senior Citizens Real Estate
Tax Deferral | 23 | | Act. The notice shall set forth the qualifications needed for
| 24 | | deferral of real estate taxes, the address and telephone number | 25 | | of
county collector, and a
statement that applications for | 26 | | deferral of real estate taxes may be obtained
from the county |
| | | 10000SB0851ham003 | - 7 - | LRB100 05418 HLH 30613 a |
|
| 1 | | collector. | 2 | | Notwithstanding Sections 6 and 8 of the State Mandates Act, | 3 | | no
reimbursement by the State is required for the | 4 | | implementation of any mandate
created by this Section. | 5 | | (Source: P.A. 99-180, eff. 7-29-15; 100-401, eff. 8-25-17.)
| 6 | | (35 ILCS 200/15-175)
| 7 | | Sec. 15-175. General homestead exemption. | 8 | | (a) Except as provided in Sections 15-176 and 15-177, | 9 | | homestead
property is
entitled to an annual homestead exemption | 10 | | limited, except as described here
with relation to | 11 | | cooperatives, to a reduction in the equalized assessed value
of | 12 | | homestead property equal to the increase in equalized assessed | 13 | | value for the
current assessment year above the equalized | 14 | | assessed value of the property for
1977, up to the maximum | 15 | | reduction set forth below. If however, the 1977
equalized | 16 | | assessed value upon which taxes were paid is subsequently | 17 | | determined
by local assessing officials, the Property Tax | 18 | | Appeal Board, or a court to have
been excessive, the equalized | 19 | | assessed value which should have been placed on
the property | 20 | | for 1977 shall be used to determine the amount of the | 21 | | exemption.
| 22 | | (b) Except as provided in Section 15-176, the maximum | 23 | | reduction before taxable year 2004 shall be
$4,500 in counties | 24 | | with 3,000,000 or more
inhabitants
and $3,500 in all other | 25 | | counties. Except as provided in Sections 15-176 and 15-177, for |
| | | 10000SB0851ham003 | - 8 - | LRB100 05418 HLH 30613 a |
|
| 1 | | taxable years 2004 through 2007, the maximum reduction shall be | 2 | | $5,000, for taxable year 2008, the maximum reduction is $5,500, | 3 | | and, for taxable years 2009 through 2011, the maximum reduction | 4 | | is $6,000 in all counties. For taxable years 2012 through 2016, | 5 | | the maximum reduction is $7,000 in counties with 3,000,000 or | 6 | | more
inhabitants
and $6,000 in all other counties. For taxable | 7 | | year years 2017 and thereafter , the maximum reduction is | 8 | | $10,000 in counties with 3,000,000 or more inhabitants and | 9 | | $6,000 in all other counties. For taxable years 2018 and | 10 | | thereafter, the maximum reduction is $10,000 in all counties. | 11 | | If a county has elected to subject itself to the provisions of | 12 | | Section 15-176 as provided in subsection (k) of that Section, | 13 | | then, for the first taxable year only after the provisions of | 14 | | Section 15-176 no longer apply, for owners who, for the taxable | 15 | | year, have not been granted a senior citizens assessment freeze | 16 | | homestead exemption under Section 15-172 or a long-time | 17 | | occupant homestead exemption under Section 15-177, there shall | 18 | | be an additional exemption of $5,000 for owners with a | 19 | | household income of $30,000 or less.
| 20 | | (c) In counties with fewer than 3,000,000 inhabitants, if, | 21 | | based on the most
recent assessment, the equalized assessed | 22 | | value of
the homestead property for the current assessment year | 23 | | is greater than the
equalized assessed value of the property | 24 | | for 1977, the owner of the property
shall automatically receive | 25 | | the exemption granted under this Section in an
amount equal to | 26 | | the increase over the 1977 assessment up to the maximum
|
| | | 10000SB0851ham003 | - 9 - | LRB100 05418 HLH 30613 a |
|
| 1 | | reduction set forth in this Section.
| 2 | | (d) If in any assessment year beginning with the 2000 | 3 | | assessment year,
homestead property has a pro-rata valuation | 4 | | under
Section 9-180 resulting in an increase in the assessed | 5 | | valuation, a reduction
in equalized assessed valuation equal to | 6 | | the increase in equalized assessed
value of the property for | 7 | | the year of the pro-rata valuation above the
equalized assessed | 8 | | value of the property for 1977 shall be applied to the
property | 9 | | on a proportionate basis for the period the property qualified | 10 | | as
homestead property during the assessment year. The maximum | 11 | | proportionate
homestead exemption shall not exceed the maximum | 12 | | homestead exemption allowed in
the county under this Section | 13 | | divided by 365 and multiplied by the number of
days the | 14 | | property qualified as homestead property.
| 15 | | (d-1) In counties with 3,000,000 or more inhabitants, where | 16 | | the chief county assessment officer provides a notice of | 17 | | discovery, if a property is not
occupied by its owner as a | 18 | | principal residence as of January 1 of the current tax year, | 19 | | then the property owner shall notify the chief county | 20 | | assessment officer of that fact on a form prescribed by the | 21 | | chief county assessment officer. That notice must be received | 22 | | by the chief county assessment officer on or before March 1 of | 23 | | the collection year. If mailed, the form shall be sent by | 24 | | certified mail, return receipt requested. If the form is | 25 | | provided in person, the chief county assessment officer shall | 26 | | provide a date stamped copy of the notice. Failure to provide |
| | | 10000SB0851ham003 | - 10 - | LRB100 05418 HLH 30613 a |
|
| 1 | | timely notice pursuant to this subsection (d-1) shall result in | 2 | | the exemption being treated as an erroneous exemption. Upon | 3 | | timely receipt of the notice for the current tax year, no | 4 | | exemption shall be applied to the property for the current tax | 5 | | year. If the exemption is not removed upon timely receipt of | 6 | | the notice by the chief assessment officer, then the error is | 7 | | considered granted as a result of a clerical error or omission | 8 | | on the part of the chief county assessment officer as described | 9 | | in subsection (h) of Section 9-275, and the property owner | 10 | | shall not be liable for the payment of interest and penalties | 11 | | due to the erroneous exemption for the current tax year for | 12 | | which the notice was filed after the date that notice was | 13 | | timely received pursuant to this subsection. Notice provided | 14 | | under this subsection shall not constitute a defense or amnesty | 15 | | for prior year erroneous exemptions. | 16 | | For the purposes of this subsection (d-1): | 17 | | "Collection year" means the year in which the first and | 18 | | second installment of the current tax year is billed. | 19 | | "Current tax year" means the year prior to the collection | 20 | | year. | 21 | | (e) The chief county assessment officer may, when | 22 | | considering whether to grant a leasehold exemption under this | 23 | | Section, require the following conditions to be met: | 24 | | (1) that a notarized application for the exemption, | 25 | | signed by both the owner and the lessee of the property, | 26 | | must be submitted each year during the application period |
| | | 10000SB0851ham003 | - 11 - | LRB100 05418 HLH 30613 a |
|
| 1 | | in effect for the county in which the property is located; | 2 | | (2) that a copy of the lease must be filed with the | 3 | | chief county assessment officer by the owner of the | 4 | | property at the time the notarized application is | 5 | | submitted; | 6 | | (3) that the lease must expressly state that the lessee | 7 | | is liable for the payment of property taxes; and | 8 | | (4) that the lease must include the following language | 9 | | in substantially the following form: | 10 | | "Lessee shall be liable for the payment of real | 11 | | estate taxes with respect to the residence in | 12 | | accordance with the terms and conditions of Section | 13 | | 15-175 of the Property Tax Code (35 ILCS 200/15-175). | 14 | | The permanent real estate index number for the premises | 15 | | is (insert number), and, according to the most recent | 16 | | property tax bill, the current amount of real estate | 17 | | taxes associated with the premises is (insert amount) | 18 | | per year. The parties agree that the monthly rent set | 19 | | forth above shall be increased or decreased pro rata | 20 | | (effective January 1 of each calendar year) to reflect | 21 | | any increase or decrease in real estate taxes. Lessee | 22 | | shall be deemed to be satisfying Lessee's liability for | 23 | | the above mentioned real estate taxes with the monthly | 24 | | rent payments as set forth above (or increased or | 25 | | decreased as set forth herein).". | 26 | | In addition, if there is a change in lessee, or if the |
| | | 10000SB0851ham003 | - 12 - | LRB100 05418 HLH 30613 a |
|
| 1 | | lessee vacates the property, then the chief county assessment | 2 | | officer may require the owner of the property to notify the | 3 | | chief county assessment officer of that change. | 4 | | This subsection (e) does not apply to leasehold interests | 5 | | in property owned by a municipality. | 6 | | (f) "Homestead property" under this Section includes | 7 | | residential property that is
occupied by its owner or owners as | 8 | | his or their principal dwelling place, or
that is a leasehold | 9 | | interest on which a single family residence is situated,
which | 10 | | is occupied as a residence by a person who has an ownership | 11 | | interest
therein, legal or equitable or as a lessee, and on | 12 | | which the person is
liable for the payment of property taxes. | 13 | | For land improved with
an apartment building owned and operated | 14 | | as a cooperative or a building which
is a life care facility as | 15 | | defined in Section 15-170 and considered to
be a cooperative | 16 | | under Section 15-170, the maximum reduction from the equalized
| 17 | | assessed value shall be limited to the increase in the value | 18 | | above the
equalized assessed value of the property for 1977, up | 19 | | to
the maximum reduction set forth above, multiplied by the | 20 | | number of apartments
or units occupied by a person or persons | 21 | | who is liable, by contract with the
owner or owners of record, | 22 | | for paying property taxes on the property and is an
owner of | 23 | | record of a legal or equitable interest in the cooperative
| 24 | | apartment building, other than a leasehold interest. For | 25 | | purposes of this
Section, the term "life care facility" has the | 26 | | meaning stated in Section
15-170.
|
| | | 10000SB0851ham003 | - 13 - | LRB100 05418 HLH 30613 a |
|
| 1 | | "Household", as used in this Section,
means the owner, the | 2 | | spouse of the owner, and all persons using
the
residence of the | 3 | | owner as their principal place of residence.
| 4 | | "Household income", as used in this Section,
means the | 5 | | combined income of the members of a household
for the calendar | 6 | | year preceding the taxable year.
| 7 | | "Income", as used in this Section,
has the same meaning as | 8 | | provided in Section 3.07 of the Senior
Citizens
and Persons | 9 | | with Disabilities Property Tax Relief Act,
except that
"income" | 10 | | does not include veteran's benefits.
| 11 | | (g) In a cooperative where a homestead exemption has been | 12 | | granted, the
cooperative association or its management firm | 13 | | shall credit the savings
resulting from that exemption only to | 14 | | the apportioned tax liability of the
owner who qualified for | 15 | | the exemption. Any person who willfully refuses to so
credit | 16 | | the savings shall be guilty of a Class B misdemeanor.
| 17 | | (h) Where married persons maintain and reside in separate | 18 | | residences qualifying
as homestead property, each residence | 19 | | shall receive 50% of the total reduction
in equalized assessed | 20 | | valuation provided by this Section.
| 21 | | (i) In all counties, the assessor
or chief county | 22 | | assessment officer may determine the
eligibility of | 23 | | residential property to receive the homestead exemption and the | 24 | | amount of the exemption by
application, visual inspection, | 25 | | questionnaire or other reasonable methods. The
determination | 26 | | shall be made in accordance with guidelines established by the
|
| | | 10000SB0851ham003 | - 14 - | LRB100 05418 HLH 30613 a |
|
| 1 | | Department, provided that the taxpayer applying for an | 2 | | additional general exemption under this Section shall submit to | 3 | | the chief county assessment officer an application with an | 4 | | affidavit of the applicant's total household income, age, | 5 | | marital status (and, if married, the name and address of the | 6 | | applicant's spouse, if known), and principal dwelling place of | 7 | | members of the household on January 1 of the taxable year. The | 8 | | Department shall issue guidelines establishing a method for | 9 | | verifying the accuracy of the affidavits filed by applicants | 10 | | under this paragraph. The applications shall be clearly marked | 11 | | as applications for the Additional General Homestead | 12 | | Exemption.
| 13 | | (i-5) This subsection (i-5) applies to counties with | 14 | | 3,000,000 or more inhabitants. In the event of a sale of
| 15 | | homestead property, the homestead exemption shall remain in | 16 | | effect for the remainder of the assessment year of the sale. | 17 | | Upon receipt of a transfer declaration transmitted by the | 18 | | recorder pursuant to Section 31-30 of the Real Estate Transfer | 19 | | Tax Law for property receiving an exemption under this Section, | 20 | | the assessor shall mail a notice and forms to the new owner of | 21 | | the property providing information pertaining to the rules and | 22 | | applicable filing periods for applying or reapplying for | 23 | | homestead exemptions under this Code for which the property may | 24 | | be eligible. If the new owner fails to apply or reapply for a | 25 | | homestead exemption during the applicable filing period or the | 26 | | property no longer qualifies for an existing homestead |
| | | 10000SB0851ham003 | - 15 - | LRB100 05418 HLH 30613 a |
|
| 1 | | exemption, the assessor shall cancel such exemption for any | 2 | | ensuing assessment year. | 3 | | (j) In counties with fewer than 3,000,000 inhabitants, in | 4 | | the event of a sale
of
homestead property the homestead | 5 | | exemption shall remain in effect for the
remainder of the | 6 | | assessment year of the sale. The assessor or chief county
| 7 | | assessment officer may require the new
owner of the property to | 8 | | apply for the homestead exemption for the following
assessment | 9 | | year.
| 10 | | (k) Notwithstanding Sections 6 and 8 of the State Mandates | 11 | | Act, no reimbursement by the State is required for the | 12 | | implementation of any mandate created by this Section.
| 13 | | (Source: P.A. 99-143, eff. 7-27-15; 99-164, eff. 7-28-15; | 14 | | 99-642, eff. 7-28-16; 99-851, eff. 8-19-16; 100-401, eff. | 15 | | 8-25-17.)
| 16 | | (35 ILCS 200/15-178 new) | 17 | | Sec. 15-178. The statewide long-time occupant homestead | 18 | | exemption. | 19 | | (a) For taxable years 2018 and thereafter, homestead | 20 | | property that is occupied as a principal residence by a | 21 | | long-time occupant is entitled to an annual homestead exemption | 22 | | equal to a reduction in the property's equalized assessed value | 23 | | calculated as provided in subsection (b) of this Section. | 24 | | (b) The amount of the reduction shall be as follows: | 25 | | (1) if the taxpayer has occupied the property as his or |
| | | 10000SB0851ham003 | - 16 - | LRB100 05418 HLH 30613 a |
|
| 1 | | her principal residence for not fewer than 8 but not more | 2 | | than 11 years as of January 1 of the taxable year, then the | 3 | | amount of the reduction shall be 25% of the amount of the | 4 | | general homestead exemption under Section 15-175 for the | 5 | | taxable year; | 6 | | (2) if the taxpayer has occupied the property as his or | 7 | | her principal residence for not fewer than 11 but not more | 8 | | than 16 years as of January 1 of the taxable year, then the | 9 | | amount of the reduction shall be 35% of the amount of the | 10 | | general homestead exemption under Section 15-175 for the | 11 | | taxable year; | 12 | | (3) if the taxpayer has occupied the property as his or | 13 | | her principal residence for not fewer than 16 but not more | 14 | | than 21 years as of January 1 of the taxable year, then the | 15 | | amount of the reduction shall be 45% of the amount of the | 16 | | general homestead exemption under Section 15-175 for the | 17 | | taxable year; and | 18 | | (4) if the taxpayer has occupied the property as his or | 19 | | her principal residence for 21 years or more as of January | 20 | | 1 of the taxable year, then the amount of the reduction | 21 | | shall be 60% of the amount of the general homestead | 22 | | exemption under Section 15-175 for the taxable year. | 23 | | (c) In the case of an apartment building owned and operated | 24 | | as a cooperative or a life care facility that contains | 25 | | residential units that qualify as homestead property of a | 26 | | long-time occupant under this Section, the maximum cumulative |
| | | 10000SB0851ham003 | - 17 - | LRB100 05418 HLH 30613 a |
|
| 1 | | exemption amount attributed to the entire building or facility | 2 | | shall not exceed the sum of the exemptions calculated for each | 3 | | unit that is homestead property of a long-time occupant. The | 4 | | cooperative association, management firm, or other person or | 5 | | entity that manages or controls the cooperative apartment | 6 | | building or life care facility shall credit the exemption | 7 | | attributable to each residential unit only to the apportioned | 8 | | tax liability of the long-time occupant of that unit. Any | 9 | | person who willfully refuses to so credit the exemption is | 10 | | guilty of a Class B misdemeanor. | 11 | | (d) To receive the exemption, a person must submit an | 12 | | application to the county assessor during the period specified | 13 | | by the county assessor. | 14 | | Notwithstanding any other provision of law, no person who | 15 | | receives an exemption under this Section may receive an | 16 | | exemption under Section 15-177 (long-time occupant homestead | 17 | | exemption) for the same tax year. | 18 | | (e) As used in this Section: | 19 | | "Equalized assessed value" means the property's assessed | 20 | | value as equalized by the Department. | 21 | | "Homestead" or "homestead property" means residential | 22 | | property that, as of January 1 of the tax year, is owned and | 23 | | occupied by a long-time occupant as his or her principal | 24 | | dwelling place, or that is a leasehold interest on which a | 25 | | single family residence is situated, that is occupied as a | 26 | | residence by a long-time occupant who has a legal or equitable |
| | | 10000SB0851ham003 | - 18 - | LRB100 05418 HLH 30613 a |
|
| 1 | | interest therein evidenced by a written instrument, as an owner | 2 | | or as a lessee, and on which the long-time occupant is liable | 3 | | for the payment of property taxes. Residential units in an | 4 | | apartment building owned and operated as a cooperative, or as a | 5 | | life care facility, which are occupied by persons who hold a | 6 | | legal or equitable interest in the cooperative apartment | 7 | | building or life care facility as owners or lessees, and who | 8 | | are liable by contract for the payment of property taxes, are | 9 | | included within this definition of homestead property. A | 10 | | homestead includes the dwelling place, appurtenant structures, | 11 | | and so much of the surrounding land constituting the parcel on | 12 | | which the dwelling place is situated as is used for residential | 13 | | purposes. If the assessor has established a specific legal | 14 | | description for a portion of property constituting the | 15 | | homestead, then the homestead is limited to the property within | 16 | | that description. | 17 | | "Long-time occupant" means an individual who (i) for at | 18 | | least 8 continuous years as of
January 1 of the taxable year, | 19 | | has occupied the same homestead property as a principal | 20 | | residence and domicile and (ii) has a household income of | 21 | | $100,000 or less. | 22 | | "Household income" has the meaning set forth under Section | 23 | | 15-172 of this Code. | 24 | | (f) Notwithstanding Sections 6 and 8 of the State Mandates | 25 | | Act, no reimbursement by the State is required for the | 26 | | implementation of any mandate created by this Section. |
| | | 10000SB0851ham003 | - 19 - | LRB100 05418 HLH 30613 a |
|
| 1 | | (35 ILCS 200/18-185)
| 2 | | Sec. 18-185. Short title; definitions. This Division 5 may | 3 | | be cited as the
Property Tax Extension Limitation Law. As used | 4 | | in this Division 5:
| 5 | | "Consumer Price Index" means the Consumer Price Index for | 6 | | All Urban
Consumers for all items published by the United | 7 | | States Department of Labor.
| 8 | | "Extension limitation" , except as otherwise provided in | 9 | | this paragraph, means (a) the lesser of 5% or the percentage | 10 | | increase
in the Consumer Price Index during the 12-month | 11 | | calendar year preceding the
levy year or (b) the rate of | 12 | | increase approved by voters under Section 18-205.
For levy | 13 | | years 2017 and 2018 only, for taxing districts with a majority | 14 | | of their equalized assessed value in Cook, Lake, McHenry, Kane, | 15 | | DuPage, or Will County, other than qualified school districts, | 16 | | "extension limitation" means 0% or the rate of increase | 17 | | approved by the voters under Section 18-205. For levy years | 18 | | 2018 and 2019, for taxing districts with a majority of their | 19 | | equalized assessed value in a county that elects to be subject | 20 | | to a property tax freeze under Section 18-213.1, other than | 21 | | qualified school districts, "extension limitation" means 0% or | 22 | | the rate of increase approved by the voters under Section | 23 | | 18-205. For levy years 2017 through 2019, for taxing districts | 24 | | that are subject to a 0% extension limitation in the applicable | 25 | | levy year, if amounts extended (i) for the payment of |
| | | 10000SB0851ham003 | - 20 - | LRB100 05418 HLH 30613 a |
|
| 1 | | principal, interest, premium, and related fees and expenses on | 2 | | bonds or other evidences of indebtedness issued by the taxing | 3 | | district or (ii) for contributions to a pension fund created | 4 | | under the Illinois Pension Code are required to be included in | 5 | | the district's aggregate extension, then the extension | 6 | | limitation for those amounts for levy years 2017 through 2019 | 7 | | shall be (1) the lesser of 5% or the percentage increase
in the | 8 | | Consumer Price Index during the 12-month calendar year | 9 | | preceding the
levy year or (2) the rate of increase approved by | 10 | | voters under Section 18-205.
| 11 | | "Affected county" means a county of 3,000,000 or more | 12 | | inhabitants or a
county contiguous to a county of 3,000,000 or | 13 | | more inhabitants.
| 14 | | "Taxing district" has the same meaning provided in Section | 15 | | 1-150, except as
otherwise provided in this Section. For the | 16 | | 1991 through 1994 levy years only,
"taxing district" includes | 17 | | only each non-home rule taxing district having the
majority of | 18 | | its
1990 equalized assessed value within any county or counties | 19 | | contiguous to a
county with 3,000,000 or more inhabitants. | 20 | | Beginning with the 1995 levy
year, "taxing district" includes | 21 | | only each non-home rule taxing district
subject to this Law | 22 | | before the 1995 levy year and each non-home rule
taxing | 23 | | district not subject to this Law before the 1995 levy year | 24 | | having the
majority of its 1994 equalized assessed value in an | 25 | | affected county or
counties. Beginning with the levy year in
| 26 | | which this Law becomes applicable to a taxing district as
|
| | | 10000SB0851ham003 | - 21 - | LRB100 05418 HLH 30613 a |
|
| 1 | | provided in Section 18-213, "taxing district" also includes | 2 | | those taxing
districts made subject to this Law as provided in | 3 | | Section 18-213.
For levy years 2017 and 2018, "taxing district" | 4 | | also includes home rule units with a majority of their | 5 | | equalized assessed value in Cook, Lake, McHenry, Kane, DuPage, | 6 | | or Will County and non-home rule units with a majority of their | 7 | | equalized assessed value in Cook, Lake, McHenry, Kane, DuPage, | 8 | | or Will County that would not otherwise be subject to this Law. | 9 | | For levy years 2018 and 2019, "taxing district" also includes | 10 | | home rule units and non-home rule units with all or the | 11 | | greatest portion of their equalized assessed value in a county | 12 | | that elects to be subject to a property tax freeze under | 13 | | Section 18-213.1. However, for levy years 2017 through 2019, | 14 | | "taxing district" does not include a school district that (i) | 15 | | has been designated as a qualified school district for the | 16 | | applicable levy year and (ii) was not subject to this Law in | 17 | | the 2016 levy year.
| 18 | | "Aggregate extension" for taxing districts to which this | 19 | | Law applied before
the 1995 levy year means the annual | 20 | | corporate extension for the taxing
district and those special | 21 | | purpose extensions that are made annually for
the taxing | 22 | | district, excluding special purpose extensions: (a) made for | 23 | | the
taxing district to pay interest or principal on general | 24 | | obligation bonds
that were approved by referendum; (b) made for | 25 | | any taxing district to pay
interest or principal on general | 26 | | obligation bonds issued before October 1,
1991; (c) made for |
| | | 10000SB0851ham003 | - 22 - | LRB100 05418 HLH 30613 a |
|
| 1 | | any taxing district to pay interest or principal on bonds
| 2 | | issued to refund or continue to refund those bonds issued | 3 | | before October 1,
1991; (d)
made for any taxing district to pay | 4 | | interest or principal on bonds
issued to refund or continue to | 5 | | refund bonds issued after October 1, 1991 that
were approved by | 6 | | referendum; (e)
made for any taxing district to pay interest
or | 7 | | principal on revenue bonds issued before October 1, 1991 for | 8 | | payment of
which a property tax levy or the full faith and | 9 | | credit of the unit of local
government is pledged; however, a | 10 | | tax for the payment of interest or principal
on those bonds | 11 | | shall be made only after the governing body of the unit of | 12 | | local
government finds that all other sources for payment are | 13 | | insufficient to make
those payments; (f) made for payments | 14 | | under a building commission lease when
the lease payments are | 15 | | for the retirement of bonds issued by the commission
before | 16 | | October 1, 1991, to pay for the building project; (g) made for | 17 | | payments
due under installment contracts entered into before | 18 | | October 1, 1991;
(h) made for payments of principal and | 19 | | interest on bonds issued under the
Metropolitan Water | 20 | | Reclamation District Act to finance construction projects
| 21 | | initiated before October 1, 1991; (i) made for payments of | 22 | | principal and
interest on limited bonds, as defined in Section | 23 | | 3 of the Local Government Debt
Reform Act, in an amount not to | 24 | | exceed the debt service extension base less
the amount in items | 25 | | (b), (c), (e), and (h) of this definition for
non-referendum | 26 | | obligations, except obligations initially issued pursuant to
|
| | | 10000SB0851ham003 | - 23 - | LRB100 05418 HLH 30613 a |
|
| 1 | | referendum; (j) made for payments of principal and interest on | 2 | | bonds
issued under Section 15 of the Local Government Debt | 3 | | Reform Act; (k)
made
by a school district that participates in | 4 | | the Special Education District of
Lake County, created by | 5 | | special education joint agreement under Section
10-22.31 of the | 6 | | School Code, for payment of the school district's share of the
| 7 | | amounts required to be contributed by the Special Education | 8 | | District of Lake
County to the Illinois Municipal Retirement | 9 | | Fund under Article 7 of the
Illinois Pension Code; the amount | 10 | | of any extension under this item (k) shall be
certified by the | 11 | | school district to the county clerk; (l) made to fund
expenses | 12 | | of providing joint recreational programs for persons with | 13 | | disabilities under
Section 5-8 of
the
Park District Code or | 14 | | Section 11-95-14 of the Illinois Municipal Code; (m) made for | 15 | | temporary relocation loan repayment purposes pursuant to | 16 | | Sections 2-3.77 and 17-2.2d of the School Code; (n) made for | 17 | | payment of principal and interest on any bonds issued under the | 18 | | authority of Section 17-2.2d of the School Code; (o) made for | 19 | | contributions to a firefighter's pension fund created under | 20 | | Article 4 of the Illinois Pension Code, to the extent of the | 21 | | amount certified under item (5) of Section 4-134 of the | 22 | | Illinois Pension Code; and (p) made for road purposes in the | 23 | | first year after a township assumes the rights, powers, duties, | 24 | | assets, property, liabilities, obligations, and
| 25 | | responsibilities of a road district abolished under the | 26 | | provisions of Section 6-133 of the Illinois Highway Code.
For |
| | | 10000SB0851ham003 | - 24 - | LRB100 05418 HLH 30613 a |
|
| 1 | | levy years 2017 through 2019, this definition of "aggregate | 2 | | extension" applies to each taxing district that was subject to | 3 | | this definition of "aggregate extension" for the 2016 levy | 4 | | year.
| 5 | | "Aggregate extension" for the taxing districts to which | 6 | | this Law did not
apply before the 1995 levy year (except taxing | 7 | | districts subject to this Law
in
accordance with Section | 8 | | 18-213) means the annual corporate extension for the
taxing | 9 | | district and those special purpose extensions that are made | 10 | | annually for
the taxing district, excluding special purpose | 11 | | extensions: (a) made for the
taxing district to pay interest or | 12 | | principal on general obligation bonds that
were approved by | 13 | | referendum; (b) made for any taxing district to pay interest
or | 14 | | principal on general obligation bonds issued before March 1, | 15 | | 1995; (c) made
for any taxing district to pay interest or | 16 | | principal on bonds issued to refund
or continue to refund those | 17 | | bonds issued before March 1, 1995; (d) made for any
taxing | 18 | | district to pay interest or principal on bonds issued to refund | 19 | | or
continue to refund bonds issued after March 1, 1995 that | 20 | | were approved by
referendum; (e) made for any taxing district | 21 | | to pay interest or principal on
revenue bonds issued before | 22 | | March 1, 1995 for payment of which a property tax
levy or the | 23 | | full faith and credit of the unit of local government is | 24 | | pledged;
however, a tax for the payment of interest or | 25 | | principal on those bonds shall be
made only after the governing | 26 | | body of the unit of local government finds that
all other |
| | | 10000SB0851ham003 | - 25 - | LRB100 05418 HLH 30613 a |
|
| 1 | | sources for payment are insufficient to make those payments; | 2 | | (f) made
for payments under a building commission lease when | 3 | | the lease payments are for
the retirement of bonds issued by | 4 | | the commission before March 1, 1995 to
pay for the building | 5 | | project; (g) made for payments due under installment
contracts | 6 | | entered into before March 1, 1995; (h) made for payments of
| 7 | | principal and interest on bonds issued under the Metropolitan | 8 | | Water Reclamation
District Act to finance construction | 9 | | projects initiated before October 1,
1991; (h-4) made for | 10 | | stormwater management purposes by the Metropolitan Water | 11 | | Reclamation District of Greater Chicago under Section 12 of the | 12 | | Metropolitan Water Reclamation District Act; (i) made for | 13 | | payments of principal and interest on limited bonds,
as defined | 14 | | in Section 3 of the Local Government Debt Reform Act, in an | 15 | | amount
not to exceed the debt service extension base less the | 16 | | amount in items (b),
(c), and (e) of this definition for | 17 | | non-referendum obligations, except
obligations initially | 18 | | issued pursuant to referendum and bonds described in
subsection | 19 | | (h) of this definition; (j) made for payments of
principal and | 20 | | interest on bonds issued under Section 15 of the Local | 21 | | Government
Debt Reform Act; (k) made for payments of principal | 22 | | and interest on bonds
authorized by Public Act 88-503 and | 23 | | issued under Section 20a of the Chicago
Park District Act for | 24 | | aquarium or
museum projects; (l) made for payments of principal | 25 | | and interest on
bonds
authorized by Public Act 87-1191 or | 26 | | 93-601 and (i) issued pursuant to Section 21.2 of the Cook |
| | | 10000SB0851ham003 | - 26 - | LRB100 05418 HLH 30613 a |
|
| 1 | | County Forest
Preserve District Act, (ii) issued under Section | 2 | | 42 of the Cook County
Forest Preserve District Act for | 3 | | zoological park projects, or (iii) issued
under Section 44.1 of | 4 | | the Cook County Forest Preserve District Act for
botanical | 5 | | gardens projects; (m) made
pursuant
to Section 34-53.5 of the | 6 | | School Code, whether levied annually or not;
(n) made to fund | 7 | | expenses of providing joint recreational programs for persons | 8 | | with disabilities under Section 5-8 of the Park
District Code | 9 | | or Section 11-95-14 of the Illinois Municipal Code;
(o) made by | 10 | | the
Chicago Park
District for recreational programs for persons | 11 | | with disabilities under subsection (c) of
Section
7.06 of the | 12 | | Chicago Park District Act; (p) made for contributions to a | 13 | | firefighter's pension fund created under Article 4 of the | 14 | | Illinois Pension Code, to the extent of the amount certified | 15 | | under item (5) of Section 4-134 of the Illinois Pension Code; | 16 | | (q) made by Ford Heights School District 169 under Section | 17 | | 17-9.02 of the School Code; and (r) made for the purpose of | 18 | | making employer contributions to the Public School Teachers' | 19 | | Pension and Retirement Fund of Chicago under Section 34-53 of | 20 | | the School Code.
For levy years 2017 through 2019, this | 21 | | definition of "aggregate extension" applies to each taxing | 22 | | district that was subject to this definition of "aggregate | 23 | | extension" for the 2016 levy year.
| 24 | | "Aggregate extension" for all taxing districts to which | 25 | | this Law applies in
accordance with Section 18-213, except for | 26 | | those taxing districts subject to
paragraph (2) of subsection |
| | | 10000SB0851ham003 | - 27 - | LRB100 05418 HLH 30613 a |
|
| 1 | | (e) of Section 18-213, means the annual corporate
extension for | 2 | | the
taxing district and those special purpose extensions that | 3 | | are made annually for
the taxing district, excluding special | 4 | | purpose extensions: (a) made for the
taxing district to pay | 5 | | interest or principal on general obligation bonds that
were | 6 | | approved by referendum; (b) made for any taxing district to pay | 7 | | interest
or principal on general obligation bonds issued before | 8 | | the date on which the
referendum making this
Law applicable to | 9 | | the taxing district is held; (c) made
for any taxing district | 10 | | to pay interest or principal on bonds issued to refund
or | 11 | | continue to refund those bonds issued before the date on which | 12 | | the
referendum making this Law
applicable to the taxing | 13 | | district is held;
(d) made for any
taxing district to pay | 14 | | interest or principal on bonds issued to refund or
continue to | 15 | | refund bonds issued after the date on which the referendum | 16 | | making
this Law
applicable to the taxing district is held if | 17 | | the bonds were approved by
referendum after the date on which | 18 | | the referendum making this Law
applicable to the taxing | 19 | | district is held; (e) made for any
taxing district to pay | 20 | | interest or principal on
revenue bonds issued before the date | 21 | | on which the referendum making this Law
applicable to the
| 22 | | taxing district is held for payment of which a property tax
| 23 | | levy or the full faith and credit of the unit of local | 24 | | government is pledged;
however, a tax for the payment of | 25 | | interest or principal on those bonds shall be
made only after | 26 | | the governing body of the unit of local government finds that
|
| | | 10000SB0851ham003 | - 28 - | LRB100 05418 HLH 30613 a |
|
| 1 | | all other sources for payment are insufficient to make those | 2 | | payments; (f) made
for payments under a building commission | 3 | | lease when the lease payments are for
the retirement of bonds | 4 | | issued by the commission before the date on which the
| 5 | | referendum making this
Law applicable to the taxing district is | 6 | | held to
pay for the building project; (g) made for payments due | 7 | | under installment
contracts entered into before the date on | 8 | | which the referendum making this Law
applicable to
the taxing | 9 | | district is held;
(h) made for payments
of principal and | 10 | | interest on limited bonds,
as defined in Section 3 of the Local | 11 | | Government Debt Reform Act, in an amount
not to exceed the debt | 12 | | service extension base less the amount in items (b),
(c), and | 13 | | (e) of this definition for non-referendum obligations, except
| 14 | | obligations initially issued pursuant to referendum; (i) made | 15 | | for payments
of
principal and interest on bonds issued under | 16 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made | 17 | | for a qualified airport authority to pay interest or principal | 18 | | on
general obligation bonds issued for the purpose of paying | 19 | | obligations due
under, or financing airport facilities | 20 | | required to be acquired, constructed,
installed or equipped | 21 | | pursuant to, contracts entered into before March
1, 1996 (but | 22 | | not including any amendments to such a contract taking effect | 23 | | on
or after that date); (k) made to fund expenses of providing | 24 | | joint
recreational programs for persons with disabilities | 25 | | under Section 5-8 of
the
Park District Code or Section 11-95-14 | 26 | | of the Illinois Municipal Code; (l) made for contributions to a |
| | | 10000SB0851ham003 | - 29 - | LRB100 05418 HLH 30613 a |
|
| 1 | | firefighter's pension fund created under Article 4 of the | 2 | | Illinois Pension Code, to the extent of the amount certified | 3 | | under item (5) of Section 4-134 of the Illinois Pension Code; | 4 | | and (m) made for the taxing district to pay interest or | 5 | | principal on general obligation bonds issued pursuant to | 6 | | Section 19-3.10 of the School Code.
For levy years 2017 through | 7 | | 2019, this definition of "aggregate extension" applies to each | 8 | | taxing district that was subject to this definition of | 9 | | "aggregate extension" for the 2016 levy year.
| 10 | | "Aggregate extension" for all taxing districts to which | 11 | | this Law applies in
accordance with paragraph (2) of subsection | 12 | | (e) of Section 18-213 means the
annual corporate extension for | 13 | | the
taxing district and those special purpose extensions that | 14 | | are made annually for
the taxing district, excluding special | 15 | | purpose extensions: (a) made for the
taxing district to pay | 16 | | interest or principal on general obligation bonds that
were | 17 | | approved by referendum; (b) made for any taxing district to pay | 18 | | interest
or principal on general obligation bonds issued before | 19 | | the effective date of
this amendatory Act of 1997;
(c) made
for | 20 | | any taxing district to pay interest or principal on bonds | 21 | | issued to refund
or continue to refund those bonds issued | 22 | | before the effective date
of this amendatory Act of 1997;
(d) | 23 | | made for any
taxing district to pay interest or principal on | 24 | | bonds issued to refund or
continue to refund bonds issued after | 25 | | the effective date of this amendatory Act
of 1997 if the bonds | 26 | | were approved by referendum after the effective date of
this |
| | | 10000SB0851ham003 | - 30 - | LRB100 05418 HLH 30613 a |
|
| 1 | | amendatory Act of 1997;
(e) made for any
taxing district to pay | 2 | | interest or principal on
revenue bonds issued before the | 3 | | effective date of this amendatory Act of 1997
for payment of | 4 | | which a property tax
levy or the full faith and credit of the | 5 | | unit of local government is pledged;
however, a tax for the | 6 | | payment of interest or principal on those bonds shall be
made | 7 | | only after the governing body of the unit of local government | 8 | | finds that
all other sources for payment are insufficient to | 9 | | make those payments; (f) made
for payments under a building | 10 | | commission lease when the lease payments are for
the retirement | 11 | | of bonds issued by the commission before the effective date
of | 12 | | this amendatory Act of 1997
to
pay for the building project; | 13 | | (g) made for payments due under installment
contracts entered | 14 | | into before the effective date of this amendatory Act of
1997;
| 15 | | (h) made for payments
of principal and interest on limited | 16 | | bonds,
as defined in Section 3 of the Local Government Debt | 17 | | Reform Act, in an amount
not to exceed the debt service | 18 | | extension base less the amount in items (b),
(c), and (e) of | 19 | | this definition for non-referendum obligations, except
| 20 | | obligations initially issued pursuant to referendum; (i) made | 21 | | for payments
of
principal and interest on bonds issued under | 22 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made | 23 | | for a qualified airport authority to pay interest or principal | 24 | | on
general obligation bonds issued for the purpose of paying | 25 | | obligations due
under, or financing airport facilities | 26 | | required to be acquired, constructed,
installed or equipped |
| | | 10000SB0851ham003 | - 31 - | LRB100 05418 HLH 30613 a |
|
| 1 | | pursuant to, contracts entered into before March
1, 1996 (but | 2 | | not including any amendments to such a contract taking effect | 3 | | on
or after that date); (k) made to fund expenses of providing | 4 | | joint
recreational programs for persons with disabilities | 5 | | under Section 5-8 of
the
Park District Code or Section 11-95-14 | 6 | | of the Illinois Municipal Code; and (l) made for contributions | 7 | | to a firefighter's pension fund created under Article 4 of the | 8 | | Illinois Pension Code, to the extent of the amount certified | 9 | | under item (5) of Section 4-134 of the Illinois Pension Code.
| 10 | | For levy years 2017 through 2019, this definition of "aggregate | 11 | | extension" applies to each taxing district that was subject to | 12 | | this definition of "aggregate extension" for the 2016 levy | 13 | | year.
| 14 | | For levy years 2017 and 2018, for taxing districts with a | 15 | | majority of their equalized assessed value in Cook, Lake, | 16 | | McHenry, Kane, DuPage, or Will County (other than qualified | 17 | | school districts and taxing districts that were subject to this | 18 | | Law in the 2016 levy year) "aggregate extension" means the | 19 | | annual corporate extension for the taxing district and those | 20 | | special purpose extensions that are made annually for the | 21 | | taxing district; provided that amounts extended for (i) the | 22 | | payment of principal, interest, premium, and related fees and | 23 | | expenses on bonds or other evidences of indebtedness issued by | 24 | | the taxing district, including payments under a building | 25 | | commission lease issued or entered into by the taxing district, | 26 | | or (ii) contributions to a pension fund created under the |
| | | 10000SB0851ham003 | - 32 - | LRB100 05418 HLH 30613 a |
|
| 1 | | Illinois Pension Code are not included in the aggregate | 2 | | extension. The
extension for a special service area is not | 3 | | included in the
aggregate extension. | 4 | | For levy years 2018 and 2019, for taxing districts that | 5 | | became subject to this Law under Section 18-213.1, "aggregate | 6 | | extension" means the annual corporate extension for the taxing | 7 | | district and those special purpose extensions that are made | 8 | | annually for the taxing district; provided that amounts | 9 | | extended for (i) the payment of principal, interest, premium, | 10 | | and related fees and expenses on bonds or other evidences of | 11 | | indebtedness issued by the taxing district, including payments | 12 | | under a building commission lease issued or entered into by the | 13 | | taxing district, or (ii) contributions to a pension fund | 14 | | created under the Illinois Pension Code are not included in the | 15 | | aggregate extension. The
extension for a special service area | 16 | | is not included in the
aggregate extension. | 17 | | "Debt service extension base" means an amount equal to that | 18 | | portion of the
extension for a taxing district for the 1994 | 19 | | levy year, or for those taxing
districts subject to this Law in | 20 | | accordance with Section 18-213, except for
those subject to | 21 | | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| 22 | | year in which the referendum making this Law applicable to the | 23 | | taxing district
is held, or for those taxing districts subject | 24 | | to this Law in accordance with
paragraph (2) of subsection (e) | 25 | | of Section 18-213 for the 1996 levy year,
constituting an
| 26 | | extension for payment of principal and interest on bonds issued |
| | | 10000SB0851ham003 | - 33 - | LRB100 05418 HLH 30613 a |
|
| 1 | | by the taxing
district without referendum, but not including | 2 | | excluded non-referendum bonds. For park districts (i) that were | 3 | | first
subject to this Law in 1991 or 1995 and (ii) whose | 4 | | extension for the 1994 levy
year for the payment of principal | 5 | | and interest on bonds issued by the park
district without | 6 | | referendum (but not including excluded non-referendum bonds)
| 7 | | was less than 51% of the amount for the 1991 levy year | 8 | | constituting an
extension for payment of principal and interest | 9 | | on bonds issued by the park
district without referendum (but | 10 | | not including excluded non-referendum bonds),
"debt service | 11 | | extension base" means an amount equal to that portion of the
| 12 | | extension for the 1991 levy year constituting an extension for | 13 | | payment of
principal and interest on bonds issued by the park | 14 | | district without referendum
(but not including excluded | 15 | | non-referendum bonds). A debt service extension base | 16 | | established or increased at any time pursuant to any provision | 17 | | of this Law, except Section 18-212, shall be increased each | 18 | | year commencing with the later of (i) the 2009 levy year or | 19 | | (ii) the first levy year in which this Law becomes applicable | 20 | | to the taxing district, by the lesser of 5% or the percentage | 21 | | increase in the Consumer Price Index during the 12-month | 22 | | calendar year preceding the levy year. The debt service | 23 | | extension
base may be established or increased as provided | 24 | | under Section 18-212.
"Excluded non-referendum bonds" means | 25 | | (i) bonds authorized by Public
Act 88-503 and issued under | 26 | | Section 20a of the Chicago Park District Act for
aquarium and |
| | | 10000SB0851ham003 | - 34 - | LRB100 05418 HLH 30613 a |
|
| 1 | | museum projects; (ii) bonds issued under Section 15 of the
| 2 | | Local Government Debt Reform Act; or (iii) refunding | 3 | | obligations issued
to refund or to continue to refund | 4 | | obligations initially issued pursuant to
referendum.
| 5 | | "Special purpose extensions" include, but are not limited | 6 | | to, extensions
for levies made on an annual basis for | 7 | | unemployment and workers'
compensation, self-insurance, | 8 | | contributions to pension plans, and extensions
made pursuant to | 9 | | Section 6-601 of the Illinois Highway Code for a road
| 10 | | district's permanent road fund whether levied annually or not. | 11 | | The
extension for a special service area is not included in the
| 12 | | aggregate extension.
| 13 | | "Aggregate extension base" means the taxing district's | 14 | | last preceding
aggregate extension as adjusted under Sections | 15 | | 18-135, 18-215,
18-230, and 18-206.
An adjustment under Section | 16 | | 18-135 shall be made for the 2007 levy year and all subsequent | 17 | | levy years whenever one or more counties within which a taxing | 18 | | district is located (i) used estimated valuations or rates when | 19 | | extending taxes in the taxing district for the last preceding | 20 | | levy year that resulted in the over or under extension of | 21 | | taxes, or (ii) increased or decreased the tax extension for the | 22 | | last preceding levy year as required by Section 18-135(c). | 23 | | Whenever an adjustment is required under Section 18-135, the | 24 | | aggregate extension base of the taxing district shall be equal | 25 | | to the amount that the aggregate extension of the taxing | 26 | | district would have been for the last preceding levy year if |
| | | 10000SB0851ham003 | - 35 - | LRB100 05418 HLH 30613 a |
|
| 1 | | either or both (i) actual, rather than estimated, valuations or | 2 | | rates had been used to calculate the extension of taxes for the | 3 | | last levy year, or (ii) the tax extension for the last | 4 | | preceding levy year had not been adjusted as required by | 5 | | subsection (c) of Section 18-135.
| 6 | | Notwithstanding any other provision of law, for levy year | 7 | | 2012, the aggregate extension base for West Northfield School | 8 | | District No. 31 in Cook County shall be $12,654,592. | 9 | | "Levy year" has the same meaning as "year" under Section
| 10 | | 1-155.
| 11 | | "New property" means (i) the assessed value, after final | 12 | | board of review or
board of appeals action, of new improvements | 13 | | or additions to existing
improvements on any parcel of real | 14 | | property that increase the assessed value of
that real property | 15 | | during the levy year multiplied by the equalization factor
| 16 | | issued by the Department under Section 17-30, (ii) the assessed | 17 | | value, after
final board of review or board of appeals action, | 18 | | of real property not exempt
from real estate taxation, which | 19 | | real property was exempt from real estate
taxation for any | 20 | | portion of the immediately preceding levy year, multiplied by
| 21 | | the equalization factor issued by the Department under Section | 22 | | 17-30, including the assessed value, upon final stabilization | 23 | | of occupancy after new construction is complete, of any real | 24 | | property located within the boundaries of an otherwise or | 25 | | previously exempt military reservation that is intended for | 26 | | residential use and owned by or leased to a private corporation |
| | | 10000SB0851ham003 | - 36 - | LRB100 05418 HLH 30613 a |
|
| 1 | | or other entity,
(iii) in counties that classify in accordance | 2 | | with Section 4 of Article
IX of the
Illinois Constitution, an | 3 | | incentive property's additional assessed value
resulting from | 4 | | a
scheduled increase in the level of assessment as applied to | 5 | | the first year
final board of
review market value, and (iv) any | 6 | | increase in assessed value due to oil or gas production from an | 7 | | oil or gas well required to be permitted under the Hydraulic | 8 | | Fracturing Regulatory Act that was not produced in or accounted | 9 | | for during the previous levy year.
In addition, the county | 10 | | clerk in a county containing a population of
3,000,000 or more | 11 | | shall include in the 1997
recovered tax increment value for any | 12 | | school district, any recovered tax
increment value that was | 13 | | applicable to the 1995 tax year calculations.
| 14 | | "Qualified airport authority" means an airport authority | 15 | | organized under
the Airport Authorities Act and located in a | 16 | | county bordering on the State of
Wisconsin and having a | 17 | | population in excess of 200,000 and not greater than
500,000.
| 18 | | "Recovered tax increment value" means, except as otherwise | 19 | | provided in this
paragraph, the amount of the current year's | 20 | | equalized assessed value, in the
first year after a | 21 | | municipality terminates
the designation of an area as a | 22 | | redevelopment project area previously
established under the | 23 | | Tax Increment Allocation Development Act in the Illinois
| 24 | | Municipal Code, previously established under the Industrial | 25 | | Jobs Recovery Law
in the Illinois Municipal Code, previously | 26 | | established under the Economic Development Project Area Tax |
| | | 10000SB0851ham003 | - 37 - | LRB100 05418 HLH 30613 a |
|
| 1 | | Increment Act of 1995, or previously established under the | 2 | | Economic
Development Area Tax Increment Allocation Act, of each | 3 | | taxable lot, block,
tract, or parcel of real property in the | 4 | | redevelopment project area over and
above the initial equalized | 5 | | assessed value of each property in the
redevelopment project | 6 | | area.
For the taxes which are extended for the 1997 levy year, | 7 | | the recovered tax
increment value for a non-home rule taxing | 8 | | district that first became subject
to this Law for the 1995 | 9 | | levy year because a majority of its 1994 equalized
assessed | 10 | | value was in an affected county or counties shall be increased | 11 | | if a
municipality terminated the designation of an area in 1993 | 12 | | as a redevelopment
project area previously established under | 13 | | the Tax Increment Allocation
Development Act in the Illinois | 14 | | Municipal Code, previously established under
the Industrial | 15 | | Jobs Recovery Law in the Illinois Municipal Code, or previously
| 16 | | established under the Economic Development Area Tax Increment | 17 | | Allocation Act,
by an amount equal to the 1994 equalized | 18 | | assessed value of each taxable lot,
block, tract, or parcel of | 19 | | real property in the redevelopment project area over
and above | 20 | | the initial equalized assessed value of each property in the
| 21 | | redevelopment project area.
In the first year after a | 22 | | municipality
removes a taxable lot, block, tract, or parcel of | 23 | | real property from a
redevelopment project area established | 24 | | under the Tax Increment Allocation
Development Act in the | 25 | | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in | 26 | | the Illinois Municipal Code, or the Economic
Development Area |
| | | 10000SB0851ham003 | - 38 - | LRB100 05418 HLH 30613 a |
|
| 1 | | Tax Increment Allocation Act, "recovered tax increment value"
| 2 | | means the amount of the current year's equalized assessed value | 3 | | of each taxable
lot, block, tract, or parcel of real property | 4 | | removed from the redevelopment
project area over and above the | 5 | | initial equalized assessed value of that real
property before | 6 | | removal from the redevelopment project area.
| 7 | | Except as otherwise provided in this Section, "limiting | 8 | | rate" means a
fraction the numerator of which is the last
| 9 | | preceding aggregate extension base times an amount equal to one | 10 | | plus the
extension limitation defined in this Section and the | 11 | | denominator of which
is the current year's equalized assessed | 12 | | value of all real property in the
territory under the | 13 | | jurisdiction of the taxing district during the prior
levy year. | 14 | | For those taxing districts that reduced their aggregate
| 15 | | extension for the last preceding levy year, except for school | 16 | | districts that reduced their extension for educational | 17 | | purposes pursuant to Section 18-206, the highest aggregate | 18 | | extension
in any of the last 3 preceding levy years shall be | 19 | | used for the purpose of
computing the limiting rate. The | 20 | | denominator shall not include new
property or the recovered tax | 21 | | increment
value.
If a new rate, a rate decrease, or a limiting | 22 | | rate increase has been approved at an election held after March | 23 | | 21, 2006, then (i) the otherwise applicable limiting rate shall | 24 | | be increased by the amount of the new rate or shall be reduced | 25 | | by the amount of the rate decrease, as the case may be, or (ii) | 26 | | in the case of a limiting rate increase, the limiting rate |
| | | 10000SB0851ham003 | - 39 - | LRB100 05418 HLH 30613 a |
|
| 1 | | shall be equal to the rate set forth
in the proposition | 2 | | approved by the voters for each of the years specified in the | 3 | | proposition, after
which the limiting rate of the taxing | 4 | | district shall be calculated as otherwise provided. In the case | 5 | | of a taxing district that obtained referendum approval for an | 6 | | increased limiting rate on March 20, 2012, the limiting rate | 7 | | for tax year 2012 shall be the rate that generates the | 8 | | approximate total amount of taxes extendable for that tax year, | 9 | | as set forth in the proposition approved by the voters; this | 10 | | rate shall be the final rate applied by the county clerk for | 11 | | the aggregate of all capped funds of the district for tax year | 12 | | 2012.
| 13 | | "Qualified school district" means a school district that | 14 | | (i) would otherwise be subject to a 0% extension limitation for | 15 | | the applicable levy year and (ii) has been designated, through | 16 | | the State Board of Education's School District Financial | 17 | | Profile System, as on financial watch status in the report | 18 | | issued in the applicable levy year. In addition, a school | 19 | | district that (i) would otherwise be subject to a 0% extension | 20 | | limitation for the applicable levy year and (ii) has been | 21 | | granted a financial hardship exemption from this amendatory Act | 22 | | of the 100th General Assembly by the State Superintendent of | 23 | | Education is also considered a qualified school district; to be | 24 | | eligible for such an exemption, the district must be | 25 | | designated, through the State Board of Education's School | 26 | | District Financial Profile System, as on financial early |
| | | 10000SB0851ham003 | - 40 - | LRB100 05418 HLH 30613 a |
|
| 1 | | warning status in the report issued in the applicable levy | 2 | | year. | 3 | | After independently verifying that a district is on | 4 | | financial watch status or financial early warning status, the | 5 | | State Superintendent shall notify the appropriate taxing | 6 | | authorities that the district is to be exempt from the | 7 | | provisions of this amendatory Act of the 100th General Assembly | 8 | | for the next applicable levy year. The exemption shall be for a | 9 | | period of one levy year. School districts may reapply on an | 10 | | annual basis to be exempt from the provisions of this | 11 | | amendatory Act of the 100th General Assembly; except that | 12 | | school districts that qualify as a result of being on financial | 13 | | watch status need not reapply. | 14 | | (Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17; | 15 | | 100-465, eff. 8-31-17.)
| 16 | | (35 ILCS 200/18-205)
| 17 | | Sec. 18-205. Referendum to increase the extension | 18 | | limitation. | 19 | | (a) A taxing
district is limited to an extension limitation | 20 | | as defined in Section 18-185 of 5% or the percentage increase
| 21 | | in the Consumer Price Index during the 12-month calendar year | 22 | | preceding the
levy year, whichever is less . A taxing district | 23 | | may increase its extension
limitation for one or more levy | 24 | | years if that taxing district holds a referendum
before the | 25 | | levy date for the first levy year at which a majority of voters |
| | | 10000SB0851ham003 | - 41 - | LRB100 05418 HLH 30613 a |
|
| 1 | | voting on the issue approves
adoption of a higher extension | 2 | | limitation. Referenda shall be conducted at a
regularly | 3 | | scheduled election in accordance with the Election Code. | 4 | | (b) The question shall be presented in
substantially the | 5 | | following manner for all elections held after March 21, 2006 :
| 6 | | Shall the extension limitation under the Property Tax | 7 | | Extension Limitation Law for (insert the legal name, | 8 | | number, if any, and county or counties of the taxing | 9 | | district and geographic or other common name by which a | 10 | | school or community college district is known and referred | 11 | | to), Illinois, be increased from (applicable extension | 12 | | limitation set forth in Section 18-185) the lesser of 5% or | 13 | | the percentage increase in the Consumer Price Index over | 14 | | the prior levy year to (insert the percentage of the | 15 | | proposed increase)% per year for (insert each levy year for | 16 | | which the increased extension limitation will apply)? | 17 | | (c) The votes must be recorded as "Yes" or "No".
| 18 | | If a majority of voters voting on the issue approves the | 19 | | adoption of
the increase, the increase shall be applicable for | 20 | | each
levy year specified.
| 21 | | (d) The ballot for any question submitted pursuant to this | 22 | | Section shall have printed thereon, but not as a part of the | 23 | | question submitted, only the following supplemental | 24 | | information (which shall be supplied to the election authority | 25 | | by the taxing district) in substantially the following form: | 26 | | (1) For the (insert the first levy year for which the |
| | | 10000SB0851ham003 | - 42 - | LRB100 05418 HLH 30613 a |
|
| 1 | | increased extension
limitation will be applicable) levy | 2 | | year the approximate amount of the additional tax
| 3 | | extendable against property containing a single family | 4 | | residence and having a fair market
value at the time of the | 5 | | referendum of $100,000 is estimated to be $.... | 6 | | (2) Based upon an average annual percentage increase | 7 | | (or decrease) in the
market value of such property of ...% | 8 | | (insert percentage equal to the average
annual percentage | 9 | | increase or decrease for the prior 3 levy years, at the | 10 | | time the
submission of the question is initiated by the | 11 | | taxing district, in the amount of (A) the
equalized | 12 | | assessed value of the taxable property in the taxing | 13 | | district less (B) the new
property included in the | 14 | | equalized assessed value), the approximate amount of the
| 15 | | additional tax extendable against such property for the ... | 16 | | levy year is estimated to be
$... and for the ... levy year | 17 | | is estimated to be $.... | 18 | | Paragraph (2) shall be included only if the increased | 19 | | extension limitation will be applicable for more than one year | 20 | | and shall list each levy year for which the increased extension | 21 | | limitation will be applicable. The additional tax shown for | 22 | | each levy year shall be the approximate dollar amount of the | 23 | | increase over the amount of the most recently completed | 24 | | extension at the time the submission of the question is | 25 | | initiated by the taxing district. The approximate amount of the | 26 | | additional tax extendable shown in paragraphs (1) and (2) shall |
| | | 10000SB0851ham003 | - 43 - | LRB100 05418 HLH 30613 a |
|
| 1 | | be calculated by multiplying $100,000 (the fair market value of | 2 | | the property without regard to any property tax exemptions) by | 3 | | (i) the percentage level of assessment prescribed for that | 4 | | property by statute, or by ordinance of the county board in | 5 | | counties that classify property for purposes of taxation in | 6 | | accordance with Section 4 of Article IX of the Illinois | 7 | | Constitution; (ii) the most recent final equalization factor | 8 | | certified to the county clerk by the Department of Revenue at | 9 | | the time the taxing district initiates the submission of the | 10 | | proposition to the electors; (iii) the last known aggregate | 11 | | extension base of the taxing district at the time the | 12 | | submission of the question is initiated by the taxing district; | 13 | | and (iv) the difference between the percentage increase | 14 | | proposed in the question and the otherwise applicable extension | 15 | | limitation under Section 18-185 the lesser of 5% or the | 16 | | percentage increase in the Consumer Price Index for the prior | 17 | | levy year ( if the extension limitation is based on the | 18 | | percentage increase in the Consumer Price Index for the prior | 19 | | levy year, then or an estimate of the percentage increase for | 20 | | the prior levy year may be used if the increase is unavailable | 21 | | at the time the submission of the question is initiated by the | 22 | | taxing district); and dividing the result by the last known | 23 | | equalized assessed value of the taxing district at the time the | 24 | | submission of the question is initiated by the taxing district. | 25 | | This amendatory Act of the 97th General Assembly is intended to | 26 | | clarify the existing requirements of this Section, and shall |
| | | 10000SB0851ham003 | - 44 - | LRB100 05418 HLH 30613 a |
|
| 1 | | not be construed to validate any prior non-compliant referendum | 2 | | language. Any notice required to be published in connection | 3 | | with the submission of the question shall also contain this | 4 | | supplemental information and shall not contain any other | 5 | | supplemental information. Any error, miscalculation, or | 6 | | inaccuracy in computing any amount set forth on the ballot or | 7 | | in the notice that is not deliberate shall not invalidate or | 8 | | affect the validity of any proposition approved. Notice of the | 9 | | referendum shall be published and posted as otherwise required | 10 | | by law, and the submission of the question shall be initiated | 11 | | as provided by law.
| 12 | | (Source: P.A. 97-1087, eff. 8-24-12.)
| 13 | | (35 ILCS 200/18-213)
| 14 | | Sec. 18-213.
Referenda on applicability of the Property Tax | 15 | | Extension
Limitation Law.
| 16 | | (a) The provisions of this Section do not apply to a taxing | 17 | | district
subject
to this Law because a majority of its 1990 | 18 | | equalized assessed value is in a
county or counties contiguous | 19 | | to a county of 3,000,000 or more inhabitants, or
because a | 20 | | majority of its 1994 equalized assessed value is in an affected
| 21 | | county and the taxing district was not subject to this Law | 22 | | before the 1995 levy
year.
| 23 | | (b) The county board of a county that is not subject to | 24 | | this Law
may, by ordinance or resolution, submit to the voters | 25 | | of the
county the question of whether to
make all non-home rule |
| | | 10000SB0851ham003 | - 45 - | LRB100 05418 HLH 30613 a |
|
| 1 | | taxing districts
that
have all or a portion of their equalized | 2 | | assessed valuation
situated in the county subject to this Law | 3 | | in the manner set forth in this
Section.
| 4 | | For purposes of this Section only:
| 5 | | "Taxing district" has the same meaning provided in Section | 6 | | 1-150.
| 7 | | "Equalized
assessed valuation" means the equalized | 8 | | assessed valuation for a taxing
district for the immediately | 9 | | preceding levy year.
| 10 | | (c) The ordinance or resolution shall request the | 11 | | submission of
the
proposition at any election, except a | 12 | | consolidated primary election, for the
purpose of voting for or | 13 | | against making the Property
Tax Extension Limitation Law | 14 | | applicable to all non-home rule taxing districts
that have all
| 15 | | or a
portion of their equalized assessed valuation situated in | 16 | | the county.
| 17 | | The question shall be placed on a separate
ballot and shall | 18 | | be in substantially the following form:
| 19 | | Shall the Property Tax Extension Limitation Law (35 | 20 | | ILCS 200/18-185 through
18-245), which
limits annual | 21 | | property tax extension increases, apply to non-home
rule | 22 | | taxing
districts with all or a portion of their equalized | 23 | | assessed valuation located
in
(name of county)?
| 24 | | Votes on the question shall be recorded as "yes" or "no".
| 25 | | (d) The county clerk
shall order the proposition submitted | 26 | | to the electors of the county
at the election specified in the |
| | | 10000SB0851ham003 | - 46 - | LRB100 05418 HLH 30613 a |
|
| 1 | | ordinance or resolution.
If part of the county is under the | 2 | | jurisdiction of
a board or boards of election commissioners, | 3 | | the county clerk
shall submit a certified copy of
the ordinance | 4 | | or resolution to each board of election commissioners,
which | 5 | | shall order the
proposition submitted to the electors of the | 6 | | taxing district within its
jurisdiction at the election | 7 | | specified in the ordinance or resolution.
| 8 | | (e) (1) With respect to taxing districts having all of | 9 | | their equalized
assessed
valuation located in the county, | 10 | | if a majority of the votes cast on the
proposition are in | 11 | | favor of the proposition, then this Law becomes applicable
| 12 | | to the taxing district beginning on January 1 of the year | 13 | | following the date of
the referendum.
| 14 | | (2) With respect to taxing districts that meet all the | 15 | | following
conditions this Law shall become applicable to | 16 | | the taxing district beginning
on January 1, 1997. The | 17 | | districts to which this paragraph (2) is applicable
| 18 | | (A) do not have all of their equalized assessed | 19 | | valuation located in a
single county,
| 20 | | (B) have equalized assessed valuation in an | 21 | | affected county,
| 22 | | (C) meet the condition that each county, other than | 23 | | an affected county,
in which any of the equalized | 24 | | assessed valuation of the taxing district is
located | 25 | | has held a referendum under this Section at any | 26 | | election, except a
consolidated primary election, held |
| | | 10000SB0851ham003 | - 47 - | LRB100 05418 HLH 30613 a |
|
| 1 | | prior to the effective date of this
amendatory Act of | 2 | | 1997, and
| 3 | | (D) have a majority of the district's equalized | 4 | | assessed valuation
located in one or more counties in | 5 | | each of which the voters have approved a
referendum | 6 | | under this Section prior to the effective date of this | 7 | | amendatory
Act of 1997.
For purposes of this Section, | 8 | | in determining whether a majority of the
equalized | 9 | | assessed valuation of the taxing district is located in | 10 | | one or more
counties in which the voters have approved | 11 | | a referendum under this Section, the
equalized | 12 | | assessed valuation of the taxing district in any | 13 | | affected county
shall be included with the equalized | 14 | | assessed value of the taxing district in
counties in | 15 | | which the voters have approved the referendum.
| 16 | | (3) With respect to taxing districts that do not have | 17 | | all of
their equalized
assessed valuation located in a | 18 | | single county and to which paragraph (2) of
subsection (e) | 19 | | is not applicable, if each county other than an
affected | 20 | | county in which any of
the equalized assessed valuation of | 21 | | the taxing
district is located has held a referendum under | 22 | | this Section at any election,
except a consolidated primary | 23 | | election, held in any year and if a majority of
the | 24 | | equalized
assessed valuation of the taxing district is | 25 | | located in one or more counties
that have each approved a | 26 | | referendum under this Section,
then this Law shall become |
| | | 10000SB0851ham003 | - 48 - | LRB100 05418 HLH 30613 a |
|
| 1 | | applicable to the taxing district on
January 1 of the year | 2 | | following the year in which the last referendum in a
county | 3 | | in which the taxing district has any equalized assessed | 4 | | valuation is
held.
For the purposes of this Law, the last | 5 | | referendum shall be deemed to be the
referendum making this | 6 | | Law applicable to the taxing district. For purposes
of this | 7 | | Section, in determining whether a majority of the equalized | 8 | | assessed
valuation of the taxing district is located in one | 9 | | or more counties that have
approved a referendum under this | 10 | | Section, the equalized assessed valuation of
the taxing | 11 | | district in any affected county shall be included with the | 12 | | equalized
assessed value of the taxing district in counties | 13 | | that have approved the
referendum.
| 14 | | (f) Immediately after a referendum is held under this | 15 | | Section, the county
clerk of the
county holding the referendum | 16 | | shall give notice of the referendum having been
held and its | 17 | | results to all taxing districts that have all
or a portion of | 18 | | their equalized assessed valuation located in the county, the
| 19 | | county clerk of any other county in which any of the equalized | 20 | | assessed
valuation of any taxing district is located, and the | 21 | | Department of Revenue.
After the last referendum affecting a | 22 | | multi-county taxing district is held, the
Department of Revenue
| 23 | | shall determine whether the taxing district is subject to this | 24 | | Law
and, if so, shall notify the taxing district and the county | 25 | | clerks of all of
the
counties in which a portion of the | 26 | | equalized assessed valuation of the
taxing district is located |
| | | 10000SB0851ham003 | - 49 - | LRB100 05418 HLH 30613 a |
|
| 1 | | that, beginning the following January 1, the
taxing
district is | 2 | | subject to this Law.
For each taxing district subject to | 3 | | paragraph (2) of subsection (e) of this
Section, the Department | 4 | | of Revenue shall notify the taxing district and the
county | 5 | | clerks of all of the counties in which a portion of the | 6 | | equalized
assessed valuation of the taxing district is located | 7 | | that, beginning January 1,
1997, the taxing district is subject | 8 | | to this Law.
| 9 | | (g) Referenda held under this Section shall be conducted in | 10 | | accordance with
the Election Code.
| 11 | | (h) A referendum may not be held under this Section on or | 12 | | after the effective date of this amendatory Act of the 100th | 13 | | General Assembly with respect to levy year 2018 or 2019 if a | 14 | | referendum is held under Section 18-213.1 by the same county. | 15 | | (Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
| 16 | | (35 ILCS 200/18-213.1 new) | 17 | | Sec. 18-213.1. Referenda on the applicability of a property | 18 | | tax freeze. | 19 | | (a) Notwithstanding any other provision of law, at the | 20 | | general election or the general primary election occurring in | 21 | | calendar year 2018, the county board of a county other than | 22 | | Cook, Lake, McHenry, Kane, DuPage, or Will County
may, by | 23 | | ordinance or resolution, submit to the voters of the
county the | 24 | | question of whether to
make all taxing districts
that
have all | 25 | | or the greatest portion of their equalized assessed valuation
|
| | | 10000SB0851ham003 | - 50 - | LRB100 05418 HLH 30613 a |
|
| 1 | | situated in the county subject to a property tax freeze for | 2 | | levy years 2018 and 2019. | 3 | | (b) The county clerk
shall order the proposition submitted | 4 | | to the electors of the county
at the election specified in the | 5 | | ordinance or resolution. A referendum may not be held under | 6 | | this Section if a referendum is held by the same county under | 7 | | Section 18-213 at the general election or the general primary | 8 | | election occurring in calendar year 2018. | 9 | | (c) The question shall be placed on a separate
ballot and | 10 | | shall be in substantially the following form: | 11 | | Shall a property tax freeze apply to all home rule and | 12 | | non-home rule taxing districts in (County) for levy years | 13 | | 2018 and 2019? This would mean that the aggregate extension | 14 | | for each taxing district (meaning the annual corporate | 15 | | extension for the taxing
district and certain special | 16 | | purpose extensions that are made annually for
the taxing | 17 | | district) may not be increased above the taxing district's | 18 | | last preceding
aggregate extension, subject to certain | 19 | | adjustments, unless that increase is approved by the voters | 20 | | of the taxing district by referendum. | 21 | | (d) Votes on propositions submitted under this Section | 22 | | shall be recorded as "yes" or "no". | 23 | | (e) Referenda held under this Section shall be conducted in | 24 | | accordance with
the Election Code. | 25 | | (f) As used in this Section: | 26 | | "Subject to a property tax freeze" means that the |
| | | 10000SB0851ham003 | - 51 - | LRB100 05418 HLH 30613 a |
|
| 1 | | taxing districts in that county are subject to an extension | 2 | | limitation of 0% or the rate of increase approved by the | 3 | | voters under Section 18-205; and | 4 | | "Taxing district" has the same meaning provided in | 5 | | Section 1-150, except that: (i) the term "taxing district" | 6 | | does not include a school district that has been designated | 7 | | as a qualified school district for the applicable levy | 8 | | year; and (ii) for levy years 2018 and 2019, the term | 9 | | "taxing district" includes both home rule units and | 10 | | non-home rule units.
| 11 | | (35 ILCS 200/18-214)
| 12 | | Sec. 18-214.
Referenda on removal of the applicability of | 13 | | the Property Tax
Extension Limitation Law to non-home rule | 14 | | taxing districts.
| 15 | | (a) The provisions of this Section do not apply to a taxing | 16 | | district that is
subject to this Law because a majority of its | 17 | | 1990 equalized assessed value is
in a county or counties | 18 | | contiguous to a county of 3,000,000 or more
inhabitants, or | 19 | | because a majority of its 1994 equalized assessed value is in
| 20 | | an
affected county and the taxing district was not subject to | 21 | | this Law before the
1995 levy year.
| 22 | | (b) For purposes of this Section only:
| 23 | | "Taxing district" means any non-home rule taxing district | 24 | | that became subject
to this Law under Section 18-213 of this | 25 | | Law.
|
| | | 10000SB0851ham003 | - 52 - | LRB100 05418 HLH 30613 a |
|
| 1 | | "Equalized assessed valuation" means the equalized | 2 | | assessed valuation for a
taxing district for the immediately | 3 | | preceding levy year.
| 4 | | (c) The county board of a county that became subject to | 5 | | this Law by a
referendum approved by the voters of the county | 6 | | under Section 18-213 may, by
ordinance or resolution, in the | 7 | | manner set forth in this Section, submit to the
voters of the | 8 | | county the question of whether this Law applies to all non-home
| 9 | | rule taxing
districts that have all or a portion of their | 10 | | equalized assessed valuation
situated in the county in the | 11 | | manner set forth in this Section.
| 12 | | (d) The ordinance or resolution shall request the | 13 | | submission of the
proposition at any election, except a | 14 | | consolidated primary election, for the
purpose of voting for or | 15 | | against the continued application of the Property Tax
Extension | 16 | | Limitation Law to all non-home rule taxing districts that have | 17 | | all or
a portion of their equalized assessed valuation situated | 18 | | in the county.
| 19 | | The question shall be placed on a separate ballot and shall | 20 | | be in
substantially the following form:
| 21 | | Shall
the Property Tax
Extension Limitation Law (35 | 22 | | ILCS 200/18-185 through 35 ILCS 200/18-245), which
limits | 23 | | annual property tax extension increases, apply to non-home | 24 | | rule taxing
districts with all or a portion of their | 25 | | equalized assessed valuation located
in (name of county)?
| 26 | | Votes on the question shall be recorded as "yes" or "no".
|
| | | 10000SB0851ham003 | - 53 - | LRB100 05418 HLH 30613 a |
|
| 1 | | (e) The county clerk shall order the proposition submitted | 2 | | to the electors
of the county at the election specified in the | 3 | | ordinance or resolution. If
part of the county is under the | 4 | | jurisdiction of a board or boards of election
commissioners, | 5 | | the county clerk shall submit a certified copy of the ordinance
| 6 | | or resolution to each board of election commissioners, which | 7 | | shall order the
proposition submitted to the electors of the | 8 | | taxing district within its
jurisdiction at the election | 9 | | specified in the ordinance or resolution.
| 10 | | (f) With respect to taxing districts having all of their | 11 | | equalized assessed
valuation located in one county, if a | 12 | | majority of the votes cast on the
proposition are against the | 13 | | proposition, then this Law shall not apply to the
taxing | 14 | | district beginning on January 1 of the year following the date | 15 | | of
the referendum.
| 16 | | (g) With respect to taxing districts that do not have all | 17 | | of their
equalized assessed valuation located in a single | 18 | | county, if both of the
following conditions are met, then this | 19 | | Law shall no longer apply to the taxing
district beginning on | 20 | | January 1 of the year following the date of the
referendum.
| 21 | | (1) Each county in which the district has any equalized | 22 | | assessed valuation
must either, (i) have held a referendum | 23 | | under this Section, (ii) be an affected
county, or (iii) | 24 | | have held a referendum under Section 18-213 at which the
| 25 | | voters rejected the proposition at the most recent election | 26 | | at which the
question was on the ballot in the county.
|
| | | 10000SB0851ham003 | - 54 - | LRB100 05418 HLH 30613 a |
|
| 1 | | (2) The majority of the equalized assessed valuation of | 2 | | the taxing
district,
other than any equalized assessed | 3 | | valuation in an affected county, is in one or
more counties | 4 | | in which the voters rejected the proposition. For purposes | 5 | | of
this
Section, in determining whether a majority of the | 6 | | equalized assessed valuation
of the taxing district is | 7 | | located in one or more counties in which the voters
have | 8 | | rejected the proposition under this Section, the equalized | 9 | | assessed
valuation of any taxing district in a county which | 10 | | has held a referendum under
Section 18-213 at which the | 11 | | voters rejected that proposition, at the most
recent | 12 | | election at which the question was on the ballot in the | 13 | | county, will be
included with the equalized assessed value | 14 | | of the taxing district in counties
in
which the voters have | 15 | | rejected the referendum held under this Section.
| 16 | | (h) Immediately after a referendum is held under this | 17 | | Section, the county
clerk of the county holding the referendum | 18 | | shall give notice of the referendum
having been held and its | 19 | | results to all taxing districts that have all or a
portion of | 20 | | their equalized assessed valuation located in the county, the | 21 | | county
clerk of any other county in which any of the equalized | 22 | | assessed valuation of
any such taxing district is located, and | 23 | | the Department of Revenue. After the
last
referendum affecting | 24 | | a multi-county taxing district is held, the Department of
| 25 | | Revenue shall determine whether the taxing district is no | 26 | | longer subject to
this Law and, if the taxing district is no |
| | | 10000SB0851ham003 | - 55 - | LRB100 05418 HLH 30613 a |
|
| 1 | | longer subject to this Law, the
Department of Revenue shall | 2 | | notify the taxing district and the county clerks of
all of the | 3 | | counties in which a portion of the equalized assessed valuation | 4 | | of
the taxing district is located that, beginning on January 1 | 5 | | of the
year following the date of the last
referendum, the | 6 | | taxing district is no longer subject to this Law.
| 7 | | (i) Notwithstanding any other provision of law, no | 8 | | referenda may be held under this Section with respect to levy | 9 | | year 2017 or 2018. | 10 | | (Source: P.A. 89-718, eff. 3-7-97.)
| 11 | | (35 ILCS 200/18-242 new) | 12 | | Sec. 18-242. Home rule. This Division 5 is a limitation, | 13 | | under
subsection
(g) of Section 6 of Article VII of the | 14 | | Illinois Constitution, on the power of
home rule units to tax.
| 15 | | Section 99. Effective date. This Act takes effect upon | 16 | | becoming law.".
|
|