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90_SB1867eng
35 ILCS 200/2-60
Amends the Property Tax Code to make a technical change.
SRS90S0084PMch
SB1867 Engrossed SRS90S0084PMch
1 AN ACT to amend the Property Tax Code by changing
2 Sections 18-185 and 18-210.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The Property Tax Code is amended by changing
6 Sections 18-185 and 18-210 as follows:
7 (35 ILCS 200/18-185)
8 (Text of Section before amendment by P.A. 90-568)
9 Sec. 18-185. Short title; definitions. This Section and
10 Sections 18-190 through 18-245 may be cited as the Property
11 Tax Extension Limitation Law. As used in Sections 18-190
12 through 18-245:
13 "Consumer Price Index" means the Consumer Price Index for
14 All Urban Consumers for all items published by the United
15 States Department of Labor.
16 "Extension limitation" means (a) the lesser of 5% or the
17 percentage increase in the Consumer Price Index during the
18 12-month calendar year preceding the levy year or (b) the
19 rate of increase approved by voters under Section 18-205.
20 "Affected county" means a county of 3,000,000 or more
21 inhabitants or a county contiguous to a county of 3,000,000
22 or more inhabitants.
23 "Taxing district" has the same meaning provided in
24 Section 1-150, except as otherwise provided in this Section.
25 For the 1991 through 1994 levy years only, "taxing district"
26 includes only each non-home rule taxing district having the
27 majority of its 1990 equalized assessed value within any
28 county or counties contiguous to a county with 3,000,000 or
29 more inhabitants. Beginning with the 1995 levy year, "taxing
30 district" includes only each non-home rule taxing district
31 subject to this Law before the 1995 levy year and each
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1 non-home rule taxing district not subject to this Law before
2 the 1995 levy year having the majority of its 1994 equalized
3 assessed value in an affected county or counties. Beginning
4 with the levy year in which this Law becomes applicable to a
5 taxing district as provided in Section 18-213, "taxing
6 district" also includes those taxing districts made subject
7 to this Law as provided in Section 18-213. Beginning with the
8 1998 levy year, for purposes of this Law only, "taxing
9 district" also includes a community mental health board
10 established under Section 3a of the Community Mental Health
11 Act to which this Law otherwise applies. In no event shall
12 the changes made by this amendatory Act of 1998 be construed
13 to alter the powers and duties of a community mental health
14 board prescribed in the Community Mental Health Act,
15 including but not limited to the requirement that the board
16 annually prepare and submit to the officer and governing body
17 that established the board an annual budget as prescribed in
18 Section 3f of that Act.
19 "Aggregate extension" for taxing districts to which this
20 Law applied before the 1995 levy year means the annual
21 corporate extension for the taxing district and those special
22 purpose extensions that are made annually for the taxing
23 district, excluding special purpose extensions: (a) made for
24 the taxing district to pay interest or principal on general
25 obligation bonds that were approved by referendum; (b) made
26 for any taxing district to pay interest or principal on
27 general obligation bonds issued before October 1, 1991; (c)
28 made for any taxing district to pay interest or principal on
29 bonds issued to refund or continue to refund those bonds
30 issued before October 1, 1991; (d) made for any taxing
31 district to pay interest or principal on bonds issued to
32 refund or continue to refund bonds issued after October 1,
33 1991 that were approved by referendum; (e) made for any
34 taxing district to pay interest or principal on revenue bonds
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1 issued before October 1, 1991 for payment of which a property
2 tax levy or the full faith and credit of the unit of local
3 government is pledged; however, a tax for the payment of
4 interest or principal on those bonds shall be made only after
5 the governing body of the unit of local government finds that
6 all other sources for payment are insufficient to make those
7 payments; (f) made for payments under a building commission
8 lease when the lease payments are for the retirement of bonds
9 issued by the commission before October 1, 1991, to pay for
10 the building project; (g) made for payments due under
11 installment contracts entered into before October 1, 1991;
12 (h) made for payments of principal and interest on bonds
13 issued under the Metropolitan Water Reclamation District Act
14 to finance construction projects initiated before October 1,
15 1991; (i) made for payments of principal and interest on
16 limited bonds, as defined in Section 3 of the Local
17 Government Debt Reform Act, in an amount not to exceed the
18 debt service extension base less the amount in items (b),
19 (c), (e), and (h) of this definition for non-referendum
20 obligations, except obligations initially issued pursuant to
21 referendum; (j) made for payments of principal and interest
22 on bonds issued under Section 15 of the Local Government Debt
23 Reform Act; and (k) made by a school district that
24 participates in the Special Education District of Lake
25 County, created by special education joint agreement under
26 Section 10-22.31 of the School Code, for payment of the
27 school district's share of the amounts required to be
28 contributed by the Special Education District of Lake County
29 to the Illinois Municipal Retirement Fund under Article 7 of
30 the Illinois Pension Code; the amount of any extension under
31 this item (k) shall be certified by the school district to
32 the county clerk; and (1) with respect to any taxing district
33 other than a community mental health board, made for the
34 purpose of providing community mental health facilities and
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1 services as provided in Section 4 of the Community Mental
2 Health Act; in no way shall this item (1) be construed to
3 exempt extensions made by a community mental health board
4 from its aggregate extension.
5 "Aggregate extension" for the taxing districts to which
6 this Law did not apply before the 1995 levy year (except
7 taxing districts subject to this Law in accordance with
8 Section 18-213) means the annual corporate extension for the
9 taxing district and those special purpose extensions that are
10 made annually for the taxing district, excluding special
11 purpose extensions: (a) made for the taxing district to pay
12 interest or principal on general obligation bonds that were
13 approved by referendum; (b) made for any taxing district to
14 pay interest or principal on general obligation bonds issued
15 before March 1, 1995; (c) made for any taxing district to pay
16 interest or principal on bonds issued to refund or continue
17 to refund those bonds issued before March 1, 1995; (d) made
18 for any taxing district to pay interest or principal on bonds
19 issued to refund or continue to refund bonds issued after
20 March 1, 1995 that were approved by referendum; (e) made for
21 any taxing district to pay interest or principal on revenue
22 bonds issued before March 1, 1995 for payment of which a
23 property tax levy or the full faith and credit of the unit of
24 local government is pledged; however, a tax for the payment
25 of interest or principal on those bonds shall be made only
26 after the governing body of the unit of local government
27 finds that all other sources for payment are insufficient to
28 make those payments; (f) made for payments under a building
29 commission lease when the lease payments are for the
30 retirement of bonds issued by the commission before March 1,
31 1995 to pay for the building project; (g) made for payments
32 due under installment contracts entered into before March 1,
33 1995; (h) made for payments of principal and interest on
34 bonds issued under the Metropolitan Water Reclamation
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1 District Act to finance construction projects initiated
2 before October 1, 1991; (i) made for payments of principal
3 and interest on limited bonds, as defined in Section 3 of the
4 Local Government Debt Reform Act, in an amount not to exceed
5 the debt service extension base less the amount in items (b),
6 (c), and (e) of this definition for non-referendum
7 obligations, except obligations initially issued pursuant to
8 referendum and bonds described in subsection (h) of this
9 definition; (j) made for payments of principal and interest
10 on bonds issued under Section 15 of the Local Government Debt
11 Reform Act; (k) made for payments of principal and interest
12 on bonds authorized by Public Act 88-503 and issued under
13 Section 20a of the Chicago Park District Act for aquarium or
14 museum projects; and (l) made for payments of principal and
15 interest on bonds authorized by Public Act 87-1191 and issued
16 under Section 42 of the Cook County Forest Preserve District
17 Act for zoological park projects; and (m) with respect to any
18 taxing district other than a community mental health board,
19 made for the purpose of providing community mental health
20 facilities and services as provided in Section 4 of the
21 Community Mental Health Act; in no way shall this item (m) be
22 construed to exempt extensions made by a community mental
23 health board from its aggregate extension.
24 "Aggregate extension" for all taxing districts to which
25 this Law applies in accordance with Section 18-213, except
26 for those taxing districts subject to paragraph (2) of
27 subsection (e) of Section 18-213, means the annual corporate
28 extension for the taxing district and those special purpose
29 extensions that are made annually for the taxing district,
30 excluding special purpose extensions: (a) made for the taxing
31 district to pay interest or principal on general obligation
32 bonds that were approved by referendum; (b) made for any
33 taxing district to pay interest or principal on general
34 obligation bonds issued before the date on which the
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1 referendum making this Law applicable to the taxing district
2 is held; (c) made for any taxing district to pay interest or
3 principal on bonds issued to refund or continue to refund
4 those bonds issued before the date on which the referendum
5 making this Law applicable to the taxing district is held;
6 (d) made for any taxing district to pay interest or principal
7 on bonds issued to refund or continue to refund bonds issued
8 after the date on which the referendum making this Law
9 applicable to the taxing district is held if the bonds were
10 approved by referendum after the date on which the referendum
11 making this Law applicable to the taxing district is held;
12 (e) made for any taxing district to pay interest or principal
13 on revenue bonds issued before the date on which the
14 referendum making this Law applicable to the taxing district
15 is held for payment of which a property tax levy or the full
16 faith and credit of the unit of local government is pledged;
17 however, a tax for the payment of interest or principal on
18 those bonds shall be made only after the governing body of
19 the unit of local government finds that all other sources for
20 payment are insufficient to make those payments; (f) made for
21 payments under a building commission lease when the lease
22 payments are for the retirement of bonds issued by the
23 commission before the date on which the referendum making
24 this Law applicable to the taxing district is held to pay for
25 the building project; (g) made for payments due under
26 installment contracts entered into before the date on which
27 the referendum making this Law applicable to the taxing
28 district is held; (h) made for payments of principal and
29 interest on limited bonds, as defined in Section 3 of the
30 Local Government Debt Reform Act, in an amount not to exceed
31 the debt service extension base less the amount in items (b),
32 (c), and (e) of this definition for non-referendum
33 obligations, except obligations initially issued pursuant to
34 referendum; (i) made for payments of principal and interest
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1 on bonds issued under Section 15 of the Local Government Debt
2 Reform Act; and (j) made for a qualified airport authority to
3 pay interest or principal on general obligation bonds issued
4 for the purpose of paying obligations due under, or financing
5 airport facilities required to be acquired, constructed,
6 installed or equipped pursuant to, contracts entered into
7 before March 1, 1996 (but not including any amendments to
8 such a contract taking effect on or after that date); and (k)
9 with respect to any taxing district other than a community
10 mental health board, made for the purpose of providing
11 community mental health facilities and services as provided
12 in Section 4 of the Community Mental Health Act; in no way
13 shall this item (k) be construed to exempt extensions made by
14 a community mental health board from its aggregate extension.
15 "Aggregate extension" for all taxing districts to which
16 this Law applies in accordance with paragraph (2) of
17 subsection (e) of Section 18-213 means the annual corporate
18 extension for the taxing district and those special purpose
19 extensions that are made annually for the taxing district,
20 excluding special purpose extensions: (a) made for the taxing
21 district to pay interest or principal on general obligation
22 bonds that were approved by referendum; (b) made for any
23 taxing district to pay interest or principal on general
24 obligation bonds issued before the effective date of this
25 amendatory Act of 1997; (c) made for any taxing district to
26 pay interest or principal on bonds issued to refund or
27 continue to refund those bonds issued before the effective
28 date of this amendatory Act of 1997; (d) made for any taxing
29 district to pay interest or principal on bonds issued to
30 refund or continue to refund bonds issued after the effective
31 date of this amendatory Act of 1997 if the bonds were
32 approved by referendum after the effective date of this
33 amendatory Act of 1997; (e) made for any taxing district to
34 pay interest or principal on revenue bonds issued before the
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1 effective date of this amendatory Act of 1997 for payment of
2 which a property tax levy or the full faith and credit of the
3 unit of local government is pledged; however, a tax for the
4 payment of interest or principal on those bonds shall be made
5 only after the governing body of the unit of local government
6 finds that all other sources for payment are insufficient to
7 make those payments; (f) made for payments under a building
8 commission lease when the lease payments are for the
9 retirement of bonds issued by the commission before the
10 effective date of this amendatory Act of 1997 to pay for the
11 building project; (g) made for payments due under installment
12 contracts entered into before the effective date of this
13 amendatory Act of 1997; (h) made for payments of principal
14 and interest on limited bonds, as defined in Section 3 of the
15 Local Government Debt Reform Act, in an amount not to exceed
16 the debt service extension base less the amount in items (b),
17 (c), and (e) of this definition for non-referendum
18 obligations, except obligations initially issued pursuant to
19 referendum; (i) made for payments of principal and interest
20 on bonds issued under Section 15 of the Local Government Debt
21 Reform Act; and (j) made for a qualified airport authority to
22 pay interest or principal on general obligation bonds issued
23 for the purpose of paying obligations due under, or financing
24 airport facilities required to be acquired, constructed,
25 installed or equipped pursuant to, contracts entered into
26 before March 1, 1996 (but not including any amendments to
27 such a contract taking effect on or after that date); and (k)
28 with respect to any taxing district other than a community
29 mental health board, made for the purpose of providing
30 community mental health facilities and services as provided
31 in Section 4 of the Community Mental Health Act; in no way
32 shall this item (k) be construed to exempt extensions made by
33 a community mental health board from its aggregate extension.
34 "Debt service extension base" means an amount equal to
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1 that portion of the extension for a taxing district for the
2 1994 levy year, or for those taxing districts subject to this
3 Law in accordance with Section 18-213, except for those
4 subject to paragraph (2) of subsection (e) of Section 18-213,
5 for the levy year in which the referendum making this Law
6 applicable to the taxing district is held, or for those
7 taxing districts subject to this Law in accordance with
8 paragraph (2) of subsection (e) of Section 18-213 for the
9 1996 levy year, constituting an extension for payment of
10 principal and interest on bonds issued by the taxing district
11 without referendum, but not including (i) bonds authorized by
12 Public Act 88-503 and issued under Section 20a of the Chicago
13 Park District Act for aquarium and museum projects; (ii)
14 bonds issued under Section 15 of the Local Government Debt
15 Reform Act; or (iii) refunding obligations issued to refund
16 or to continue to refund obligations initially issued
17 pursuant to referendum. The debt service extension base may
18 be established or increased as provided under Section 18-212.
19 "Special purpose extensions" include, but are not limited
20 to, extensions for levies made on an annual basis for
21 unemployment and workers' compensation, self-insurance,
22 contributions to pension plans, and extensions made pursuant
23 to Section 6-601 of the Illinois Highway Code for a road
24 district's permanent road fund whether levied annually or
25 not. The extension for a special service area is not
26 included in the aggregate extension.
27 "Aggregate extension base" means the taxing district's
28 last preceding aggregate extension as adjusted under Sections
29 18-215 through 18-230.
30 "Levy year" has the same meaning as "year" under Section
31 1-155.
32 "New property" means (i) the assessed value, after final
33 board of review or board of appeals action, of new
34 improvements or additions to existing improvements on any
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1 parcel of real property that increase the assessed value of
2 that real property during the levy year multiplied by the
3 equalization factor issued by the Department under Section
4 17-30 and (ii) the assessed value, after final board of
5 review or board of appeals action, of real property not
6 exempt from real estate taxation, which real property was
7 exempt from real estate taxation for any portion of the
8 immediately preceding levy year, multiplied by the
9 equalization factor issued by the Department under Section
10 17-30.
11 "Qualified airport authority" means an airport authority
12 organized under the Airport Authorities Act and located in a
13 county bordering on the State of Wisconsin and having a
14 population in excess of 200,000 and not greater than 500,000.
15 "Recovered tax increment value" means the amount of the
16 current year's equalized assessed value, in the first year
17 after a municipality terminates the designation of an area as
18 a redevelopment project area previously established under the
19 Tax Increment Allocation Development Act in the Illinois
20 Municipal Code, previously established under the Industrial
21 Jobs Recovery Law in the Illinois Municipal Code, or
22 previously established under the Economic Development Area
23 Tax Increment Allocation Act, of each taxable lot, block,
24 tract, or parcel of real property in the redevelopment
25 project area over and above the initial equalized assessed
26 value of each property in the redevelopment project area.
27 Except as otherwise provided in this Section, "limiting
28 rate" means a fraction the numerator of which is the last
29 preceding aggregate extension base times an amount equal to
30 one plus the extension limitation defined in this Section and
31 the denominator of which is the current year's equalized
32 assessed value of all real property in the territory under
33 the jurisdiction of the taxing district during the prior levy
34 year. For those taxing districts that reduced their
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1 aggregate extension for the last preceding levy year, the
2 highest aggregate extension in any of the last 3 preceding
3 levy years shall be used for the purpose of computing the
4 limiting rate. The denominator shall not include new
5 property. The denominator shall not include the recovered
6 tax increment value.
7 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
8 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
9 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
10 eff. 1-1-98; 90-511, eff. 8-22-97; revised 10-24-97.)
11 (Text of Section after amendment by P.A. 90-568)
12 Sec. 18-185. Short title; definitions. This Section and
13 Sections 18-190 through 18-245 may be cited as the Property
14 Tax Extension Limitation Law. As used in Sections 18-190
15 through 18-245:
16 "Consumer Price Index" means the Consumer Price Index for
17 All Urban Consumers for all items published by the United
18 States Department of Labor.
19 "Extension limitation" means (a) the lesser of 5% or the
20 percentage increase in the Consumer Price Index during the
21 12-month calendar year preceding the levy year or (b) the
22 rate of increase approved by voters under Section 18-205.
23 "Affected county" means a county of 3,000,000 or more
24 inhabitants or a county contiguous to a county of 3,000,000
25 or more inhabitants.
26 "Taxing district" has the same meaning provided in
27 Section 1-150, except as otherwise provided in this Section.
28 For the 1991 through 1994 levy years only, "taxing district"
29 includes only each non-home rule taxing district having the
30 majority of its 1990 equalized assessed value within any
31 county or counties contiguous to a county with 3,000,000 or
32 more inhabitants. Beginning with the 1995 levy year, "taxing
33 district" includes only each non-home rule taxing district
34 subject to this Law before the 1995 levy year and each
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1 non-home rule taxing district not subject to this Law before
2 the 1995 levy year having the majority of its 1994 equalized
3 assessed value in an affected county or counties. Beginning
4 with the levy year in which this Law becomes applicable to a
5 taxing district as provided in Section 18-213, "taxing
6 district" also includes those taxing districts made subject
7 to this Law as provided in Section 18-213. Beginning with the
8 1998 levy year, for purposes of this Law only, "taxing
9 district" also includes a community mental health board
10 established under Section 3a of the Community Mental Health
11 Act to which this Law otherwise applies. In no event shall
12 the changes made by this amendatory Act of 1998 be construed
13 to alter the powers and duties of a community mental health
14 board prescribed in the Community Mental Health Act,
15 including but not limited to the requirement that the board
16 annually prepare and submit to the officer and governing body
17 that established the board an annual budget as prescribed in
18 Section 3f of that Act.
19 "Aggregate extension" for taxing districts to which this
20 Law applied before the 1995 levy year means the annual
21 corporate extension for the taxing district and those special
22 purpose extensions that are made annually for the taxing
23 district, excluding special purpose extensions: (a) made for
24 the taxing district to pay interest or principal on general
25 obligation bonds that were approved by referendum; (b) made
26 for any taxing district to pay interest or principal on
27 general obligation bonds issued before October 1, 1991; (c)
28 made for any taxing district to pay interest or principal on
29 bonds issued to refund or continue to refund those bonds
30 issued before October 1, 1991; (d) made for any taxing
31 district to pay interest or principal on bonds issued to
32 refund or continue to refund bonds issued after October 1,
33 1991 that were approved by referendum; (e) made for any
34 taxing district to pay interest or principal on revenue bonds
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1 issued before October 1, 1991 for payment of which a property
2 tax levy or the full faith and credit of the unit of local
3 government is pledged; however, a tax for the payment of
4 interest or principal on those bonds shall be made only after
5 the governing body of the unit of local government finds that
6 all other sources for payment are insufficient to make those
7 payments; (f) made for payments under a building commission
8 lease when the lease payments are for the retirement of bonds
9 issued by the commission before October 1, 1991, to pay for
10 the building project; (g) made for payments due under
11 installment contracts entered into before October 1, 1991;
12 (h) made for payments of principal and interest on bonds
13 issued under the Metropolitan Water Reclamation District Act
14 to finance construction projects initiated before October 1,
15 1991; (i) made for payments of principal and interest on
16 limited bonds, as defined in Section 3 of the Local
17 Government Debt Reform Act, in an amount not to exceed the
18 debt service extension base less the amount in items (b),
19 (c), (e), and (h) of this definition for non-referendum
20 obligations, except obligations initially issued pursuant to
21 referendum; (j) made for payments of principal and interest
22 on bonds issued under Section 15 of the Local Government Debt
23 Reform Act; and (k) made by a school district that
24 participates in the Special Education District of Lake
25 County, created by special education joint agreement under
26 Section 10-22.31 of the School Code, for payment of the
27 school district's share of the amounts required to be
28 contributed by the Special Education District of Lake County
29 to the Illinois Municipal Retirement Fund under Article 7 of
30 the Illinois Pension Code; the amount of any extension under
31 this item (k) shall be certified by the school district to
32 the county clerk; and (1) with respect to any taxing district
33 other than a community mental health board, made for the
34 purpose of providing community mental health facilities and
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1 services as provided in Section 4 of the Community Mental
2 Health Act; in no way shall this item (1) be construed to
3 exempt extensions made by a community mental health board
4 from its aggregate extension.
5 "Aggregate extension" for the taxing districts to which
6 this Law did not apply before the 1995 levy year (except
7 taxing districts subject to this Law in accordance with
8 Section 18-213) means the annual corporate extension for the
9 taxing district and those special purpose extensions that are
10 made annually for the taxing district, excluding special
11 purpose extensions: (a) made for the taxing district to pay
12 interest or principal on general obligation bonds that were
13 approved by referendum; (b) made for any taxing district to
14 pay interest or principal on general obligation bonds issued
15 before March 1, 1995; (c) made for any taxing district to pay
16 interest or principal on bonds issued to refund or continue
17 to refund those bonds issued before March 1, 1995; (d) made
18 for any taxing district to pay interest or principal on bonds
19 issued to refund or continue to refund bonds issued after
20 March 1, 1995 that were approved by referendum; (e) made for
21 any taxing district to pay interest or principal on revenue
22 bonds issued before March 1, 1995 for payment of which a
23 property tax levy or the full faith and credit of the unit of
24 local government is pledged; however, a tax for the payment
25 of interest or principal on those bonds shall be made only
26 after the governing body of the unit of local government
27 finds that all other sources for payment are insufficient to
28 make those payments; (f) made for payments under a building
29 commission lease when the lease payments are for the
30 retirement of bonds issued by the commission before March 1,
31 1995 to pay for the building project; (g) made for payments
32 due under installment contracts entered into before March 1,
33 1995; (h) made for payments of principal and interest on
34 bonds issued under the Metropolitan Water Reclamation
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1 District Act to finance construction projects initiated
2 before October 1, 1991; (i) made for payments of principal
3 and interest on limited bonds, as defined in Section 3 of the
4 Local Government Debt Reform Act, in an amount not to exceed
5 the debt service extension base less the amount in items (b),
6 (c), and (e) of this definition for non-referendum
7 obligations, except obligations initially issued pursuant to
8 referendum and bonds described in subsection (h) of this
9 definition; (j) made for payments of principal and interest
10 on bonds issued under Section 15 of the Local Government Debt
11 Reform Act; (k) made for payments of principal and interest
12 on bonds authorized by Public Act 88-503 and issued under
13 Section 20a of the Chicago Park District Act for aquarium or
14 museum projects; and (l) made for payments of principal and
15 interest on bonds authorized by Public Act 87-1191 and issued
16 under Section 42 of the Cook County Forest Preserve District
17 Act for zoological park projects; and (m) with respect to any
18 taxing district other than a community mental health board,
19 made for the purpose of providing community mental health
20 facilities and services as provided in Section 4 of the
21 Community Mental Health Act; in no way shall this item (m) be
22 construed to exempt extensions made by a community mental
23 health board from its aggregate extension.
24 "Aggregate extension" for all taxing districts to which
25 this Law applies in accordance with Section 18-213, except
26 for those taxing districts subject to paragraph (2) of
27 subsection (e) of Section 18-213, means the annual corporate
28 extension for the taxing district and those special purpose
29 extensions that are made annually for the taxing district,
30 excluding special purpose extensions: (a) made for the taxing
31 district to pay interest or principal on general obligation
32 bonds that were approved by referendum; (b) made for any
33 taxing district to pay interest or principal on general
34 obligation bonds issued before the date on which the
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1 referendum making this Law applicable to the taxing district
2 is held; (c) made for any taxing district to pay interest or
3 principal on bonds issued to refund or continue to refund
4 those bonds issued before the date on which the referendum
5 making this Law applicable to the taxing district is held;
6 (d) made for any taxing district to pay interest or principal
7 on bonds issued to refund or continue to refund bonds issued
8 after the date on which the referendum making this Law
9 applicable to the taxing district is held if the bonds were
10 approved by referendum after the date on which the referendum
11 making this Law applicable to the taxing district is held;
12 (e) made for any taxing district to pay interest or principal
13 on revenue bonds issued before the date on which the
14 referendum making this Law applicable to the taxing district
15 is held for payment of which a property tax levy or the full
16 faith and credit of the unit of local government is pledged;
17 however, a tax for the payment of interest or principal on
18 those bonds shall be made only after the governing body of
19 the unit of local government finds that all other sources for
20 payment are insufficient to make those payments; (f) made for
21 payments under a building commission lease when the lease
22 payments are for the retirement of bonds issued by the
23 commission before the date on which the referendum making
24 this Law applicable to the taxing district is held to pay for
25 the building project; (g) made for payments due under
26 installment contracts entered into before the date on which
27 the referendum making this Law applicable to the taxing
28 district is held; (h) made for payments of principal and
29 interest on limited bonds, as defined in Section 3 of the
30 Local Government Debt Reform Act, in an amount not to exceed
31 the debt service extension base less the amount in items (b),
32 (c), and (e) of this definition for non-referendum
33 obligations, except obligations initially issued pursuant to
34 referendum; (i) made for payments of principal and interest
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1 on bonds issued under Section 15 of the Local Government Debt
2 Reform Act; and (j) made for a qualified airport authority to
3 pay interest or principal on general obligation bonds issued
4 for the purpose of paying obligations due under, or financing
5 airport facilities required to be acquired, constructed,
6 installed or equipped pursuant to, contracts entered into
7 before March 1, 1996 (but not including any amendments to
8 such a contract taking effect on or after that date); and (k)
9 with respect to any taxing district other than a community
10 mental health board, made for the purpose of providing
11 community mental health facilities and services as provided
12 in Section 4 of the Community Mental Health Act; in no way
13 shall this item (k) be construed to exempt extensions made by
14 a community mental health board from its aggregate extension.
15 "Aggregate extension" for all taxing districts to which
16 this Law applies in accordance with paragraph (2) of
17 subsection (e) of Section 18-213 means the annual corporate
18 extension for the taxing district and those special purpose
19 extensions that are made annually for the taxing district,
20 excluding special purpose extensions: (a) made for the taxing
21 district to pay interest or principal on general obligation
22 bonds that were approved by referendum; (b) made for any
23 taxing district to pay interest or principal on general
24 obligation bonds issued before the effective date of this
25 amendatory Act of 1997; (c) made for any taxing district to
26 pay interest or principal on bonds issued to refund or
27 continue to refund those bonds issued before the effective
28 date of this amendatory Act of 1997; (d) made for any taxing
29 district to pay interest or principal on bonds issued to
30 refund or continue to refund bonds issued after the effective
31 date of this amendatory Act of 1997 if the bonds were
32 approved by referendum after the effective date of this
33 amendatory Act of 1997; (e) made for any taxing district to
34 pay interest or principal on revenue bonds issued before the
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1 effective date of this amendatory Act of 1997 for payment of
2 which a property tax levy or the full faith and credit of the
3 unit of local government is pledged; however, a tax for the
4 payment of interest or principal on those bonds shall be made
5 only after the governing body of the unit of local government
6 finds that all other sources for payment are insufficient to
7 make those payments; (f) made for payments under a building
8 commission lease when the lease payments are for the
9 retirement of bonds issued by the commission before the
10 effective date of this amendatory Act of 1997 to pay for the
11 building project; (g) made for payments due under installment
12 contracts entered into before the effective date of this
13 amendatory Act of 1997; (h) made for payments of principal
14 and interest on limited bonds, as defined in Section 3 of the
15 Local Government Debt Reform Act, in an amount not to exceed
16 the debt service extension base less the amount in items (b),
17 (c), and (e) of this definition for non-referendum
18 obligations, except obligations initially issued pursuant to
19 referendum; (i) made for payments of principal and interest
20 on bonds issued under Section 15 of the Local Government Debt
21 Reform Act; and (j) made for a qualified airport authority to
22 pay interest or principal on general obligation bonds issued
23 for the purpose of paying obligations due under, or financing
24 airport facilities required to be acquired, constructed,
25 installed or equipped pursuant to, contracts entered into
26 before March 1, 1996 (but not including any amendments to
27 such a contract taking effect on or after that date); and (k)
28 with respect to any taxing district other than a community
29 mental health board, made for the purpose of providing
30 community mental health facilities and services as provided
31 in Section 4 of the Community Mental Health Act; in no way
32 shall this item (k) be construed to exempt extensions made by
33 a community mental health board from its aggregate extension.
34 "Debt service extension base" means an amount equal to
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1 that portion of the extension for a taxing district for the
2 1994 levy year, or for those taxing districts subject to this
3 Law in accordance with Section 18-213, except for those
4 subject to paragraph (2) of subsection (e) of Section 18-213,
5 for the levy year in which the referendum making this Law
6 applicable to the taxing district is held, or for those
7 taxing districts subject to this Law in accordance with
8 paragraph (2) of subsection (e) of Section 18-213 for the
9 1996 levy year, constituting an extension for payment of
10 principal and interest on bonds issued by the taxing district
11 without referendum, but not including (i) bonds authorized by
12 Public Act 88-503 and issued under Section 20a of the Chicago
13 Park District Act for aquarium and museum projects; (ii)
14 bonds issued under Section 15 of the Local Government Debt
15 Reform Act; or (iii) refunding obligations issued to refund
16 or to continue to refund obligations initially issued
17 pursuant to referendum. The debt service extension base may
18 be established or increased as provided under Section 18-212.
19 "Special purpose extensions" include, but are not limited
20 to, extensions for levies made on an annual basis for
21 unemployment and workers' compensation, self-insurance,
22 contributions to pension plans, and extensions made pursuant
23 to Section 6-601 of the Illinois Highway Code for a road
24 district's permanent road fund whether levied annually or
25 not. The extension for a special service area is not
26 included in the aggregate extension.
27 "Aggregate extension base" means the taxing district's
28 last preceding aggregate extension as adjusted under Sections
29 18-215 through 18-230.
30 "Levy year" has the same meaning as "year" under Section
31 1-155.
32 "New property" means (i) the assessed value, after final
33 board of review or board of appeals action, of new
34 improvements or additions to existing improvements on any
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1 parcel of real property that increase the assessed value of
2 that real property during the levy year multiplied by the
3 equalization factor issued by the Department under Section
4 17-30 and (ii) the assessed value, after final board of
5 review or board of appeals action, of real property not
6 exempt from real estate taxation, which real property was
7 exempt from real estate taxation for any portion of the
8 immediately preceding levy year, multiplied by the
9 equalization factor issued by the Department under Section
10 17-30.
11 "Qualified airport authority" means an airport authority
12 organized under the Airport Authorities Act and located in a
13 county bordering on the State of Wisconsin and having a
14 population in excess of 200,000 and not greater than 500,000.
15 "Recovered tax increment value" means the amount of the
16 current year's equalized assessed value, in the first year
17 after a municipality terminates the designation of an area as
18 a redevelopment project area previously established under the
19 Tax Increment Allocation Development Act in the Illinois
20 Municipal Code, previously established under the Industrial
21 Jobs Recovery Law in the Illinois Municipal Code, or
22 previously established under the Economic Development Area
23 Tax Increment Allocation Act, of each taxable lot, block,
24 tract, or parcel of real property in the redevelopment
25 project area over and above the initial equalized assessed
26 value of each property in the redevelopment project area.
27 For the taxes which are extended for the 1997 levy year, the
28 recovered tax increment value for a non-home rule taxing
29 district that first became subject to this Law for the 1995
30 levy year because a majority of its 1994 equalized assessed
31 value was in an affected county or counties shall be
32 increased if a municipality terminated the designation of an
33 area in 1993 as a redevelopment project area previously
34 established under the Tax Increment Allocation Development
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1 Act in the Illinois Municipal Code, previously established
2 under the Industrial Jobs Recovery Law in the Illinois
3 Municipal Code, or previously established under the Economic
4 Development Area Tax Increment Allocation Act, by an amount
5 equal to the 1994 equalized assessed value of each taxable
6 lot, block, tract, or parcel of real property in the
7 redevelopment project area over and above the initial
8 equalized assessed value of each property in the
9 redevelopment project area.
10 Except as otherwise provided in this Section, "limiting
11 rate" means a fraction the numerator of which is the last
12 preceding aggregate extension base times an amount equal to
13 one plus the extension limitation defined in this Section and
14 the denominator of which is the current year's equalized
15 assessed value of all real property in the territory under
16 the jurisdiction of the taxing district during the prior levy
17 year. For those taxing districts that reduced their
18 aggregate extension for the last preceding levy year, the
19 highest aggregate extension in any of the last 3 preceding
20 levy years shall be used for the purpose of computing the
21 limiting rate. The denominator shall not include new
22 property. The denominator shall not include the recovered
23 tax increment value.
24 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
25 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
26 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
27 eff. 1-1-98; 90-511, eff. 8-22-97; 90-568, eff. 1-1-99;
28 revised 2-7-98.)
29 (35 ILCS 200/18-210)
30 Sec. 18-210. Establishing a new levy. Except as provided
31 in Section 18-215, as it relates to a transfer of a service,
32 before a county clerk may extend taxes for funds subject to
33 the limitations of this Law, a new taxing district or a
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1 taxing district with an aggregate extension base of zero
2 shall hold a referendum establishing a maximum aggregate
3 extension for the levy year. The maximum aggregate extension
4 is established for the current levy year if a taxing district
5 has held a referendum before the levy date at which the
6 majority voting on the issue approves its adoption. The
7 referendum under this Section may be held at the same time as
8 the referendum on creating a new taxing district. The
9 question shall be submitted to the voters at a regularly
10 scheduled election in accordance with the Election Code in
11 substantially the following manner:
12 -------------------------------------------------------------
13 Under the Property Tax Extension
14 Limitation Law, may an YES
15 aggregate extension not to exceed ...
16 (aggregate extension amount) ... ---------------------
17 be made for the ... (taxing
18 district name) ... for the NO
19 ... (levy year) ... levy year?
20 -------------------------------------------------------------
21 If a majority of voters voting on the increase approves the
22 adoption of the aggregate extension, the extension shall be
23 effective for the levy year specified.
24 The provisions of this Section shall not apply to a
25 community mental health board that has held a referendum
26 under Section 5 of the Community Mental Health Act.
27 (Source: P.A. 87-17; 88-455.)
28 Section 99. Effective date. This Act takes effect upon
29 becoming law.