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90_SB1867sam001
LRB9011881KDksam
1 AMENDMENT TO SENATE BILL 1867
2 AMENDMENT NO. . Amend Senate Bill 1867 by replacing
3 the title with the following:
4 "AN ACT to amend the Property Tax Code by changing
5 Sections 18-185 and 18-210."; and
6 by replacing everything after the enacting clause with the
7 following:
8 "Section 5. The Property Tax Code is amended by changing
9 Sections 18-185 and 18-210 as follows:
10 (35 ILCS 200/18-185)
11 (Text of Section before 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
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1 rate of increase approved by voters under Section 18-205.
2 "Affected county" means a county of 3,000,000 or more
3 inhabitants or a county contiguous to a county of 3,000,000
4 or more inhabitants.
5 "Taxing district" has the same meaning provided in
6 Section 1-150, except as otherwise provided in this Section.
7 For the 1991 through 1994 levy years only, "taxing district"
8 includes only each non-home rule taxing district having the
9 majority of its 1990 equalized assessed value within any
10 county or counties contiguous to a county with 3,000,000 or
11 more inhabitants. Beginning with the 1995 levy year, "taxing
12 district" includes only each non-home rule taxing district
13 subject to this Law before the 1995 levy year and each
14 non-home rule taxing district not subject to this Law before
15 the 1995 levy year having the majority of its 1994 equalized
16 assessed value in an affected county or counties. Beginning
17 with the levy year in which this Law becomes applicable to a
18 taxing district as provided in Section 18-213, "taxing
19 district" also includes those taxing districts made subject
20 to this Law as provided in Section 18-213. Beginning with the
21 1998 levy year, for purposes of this Law only, "taxing
22 district" also includes a community mental health board
23 established under Section 3a of the Community Mental Health
24 Act to which this Law otherwise applies. In no event shall
25 the changes made by this amendatory Act of 1998 be construed
26 to alter the powers and duties of a community mental health
27 board prescribed in the Community Mental Health Act,
28 including but not limited to the requirement that the board
29 annually prepare and submit to the officer and governing body
30 that established the board an annual budget as prescribed in
31 Section 3f of that Act.
32 "Aggregate extension" for taxing districts to which this
33 Law applied before the 1995 levy year means the annual
34 corporate extension for the taxing district and those special
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1 purpose extensions that are made annually for the taxing
2 district, excluding special purpose extensions: (a) made for
3 the taxing district to pay interest or principal on general
4 obligation bonds that were approved by referendum; (b) made
5 for any taxing district to pay interest or principal on
6 general obligation bonds issued before October 1, 1991; (c)
7 made for any taxing district to pay interest or principal on
8 bonds issued to refund or continue to refund those bonds
9 issued before October 1, 1991; (d) made for any taxing
10 district to pay interest or principal on bonds issued to
11 refund or continue to refund bonds issued after October 1,
12 1991 that were approved by referendum; (e) made for any
13 taxing district to pay interest or principal on revenue bonds
14 issued before October 1, 1991 for payment of which a property
15 tax levy or the full faith and credit of the unit of local
16 government is pledged; however, a tax for the payment of
17 interest or principal on those bonds shall be made only after
18 the governing body of the unit of local government finds that
19 all other sources for payment are insufficient to make those
20 payments; (f) made for payments under a building commission
21 lease when the lease payments are for the retirement of bonds
22 issued by the commission before October 1, 1991, to pay for
23 the building project; (g) made for payments due under
24 installment contracts entered into before October 1, 1991;
25 (h) made for payments of principal and interest on bonds
26 issued under the Metropolitan Water Reclamation District Act
27 to finance construction projects initiated before October 1,
28 1991; (i) made for payments of principal and interest on
29 limited bonds, as defined in Section 3 of the Local
30 Government Debt Reform Act, in an amount not to exceed the
31 debt service extension base less the amount in items (b),
32 (c), (e), and (h) of this definition for non-referendum
33 obligations, except obligations initially issued pursuant to
34 referendum; (j) 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 (k) made by a school district that
3 participates in the Special Education District of Lake
4 County, created by special education joint agreement under
5 Section 10-22.31 of the School Code, for payment of the
6 school district's share of the amounts required to be
7 contributed by the Special Education District of Lake County
8 to the Illinois Municipal Retirement Fund under Article 7 of
9 the Illinois Pension Code; the amount of any extension under
10 this item (k) shall be certified by the school district to
11 the county clerk; and (1) with respect to any taxing district
12 other than a community mental health board, made for the
13 purpose of providing community mental health facilities and
14 services as provided in Section 4 of the Community Mental
15 Health Act; in no way shall this item (1) be construed to
16 exempt extensions made by a community mental health board
17 from its aggregate extension.
18 "Aggregate extension" for the taxing districts to which
19 this Law did not apply before the 1995 levy year (except
20 taxing districts subject to this Law in accordance with
21 Section 18-213) means the annual corporate extension for the
22 taxing district and those special purpose extensions that are
23 made annually for the taxing district, excluding special
24 purpose extensions: (a) made for the taxing district to pay
25 interest or principal on general obligation bonds that were
26 approved by referendum; (b) made for any taxing district to
27 pay interest or principal on general obligation bonds issued
28 before March 1, 1995; (c) made for any taxing district to pay
29 interest or principal on bonds issued to refund or continue
30 to refund those bonds issued before March 1, 1995; (d) made
31 for any taxing district to pay interest or principal on bonds
32 issued to refund or continue to refund bonds issued after
33 March 1, 1995 that were approved by referendum; (e) made for
34 any taxing district to pay interest or principal on revenue
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1 bonds issued before March 1, 1995 for payment of which a
2 property tax levy or the full faith and credit of the unit of
3 local government is pledged; however, a tax for the payment
4 of interest or principal on those bonds shall be made only
5 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 March 1,
10 1995 to pay for the building project; (g) made for payments
11 due under installment contracts entered into before March 1,
12 1995; (h) made for payments of principal and interest on
13 bonds issued under the Metropolitan Water Reclamation
14 District Act to finance construction projects initiated
15 before October 1, 1991; (i) made for payments of principal
16 and interest on limited bonds, as defined in Section 3 of the
17 Local Government Debt Reform Act, in an amount not to exceed
18 the debt service extension base less the amount in items (b),
19 (c), and (e) of this definition for non-referendum
20 obligations, except obligations initially issued pursuant to
21 referendum and bonds described in subsection (h) of this
22 definition; (j) made for payments of principal and interest
23 on bonds issued under Section 15 of the Local Government Debt
24 Reform Act; (k) made for payments of principal and interest
25 on bonds authorized by Public Act 88-503 and issued under
26 Section 20a of the Chicago Park District Act for aquarium or
27 museum projects; and (l) made for payments of principal and
28 interest on bonds authorized by Public Act 87-1191 and issued
29 under Section 42 of the Cook County Forest Preserve District
30 Act for zoological park projects. ; and (m) with respect to
31 any taxing district other than a community mental health
32 board, made for the purpose of providing community mental
33 health facilities and services as provided in Section 4 of
34 the Community Mental Health Act; in no way shall this item
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1 (m) be construed to exempt extensions made by a community
2 mental health board from its aggregate extension.
3 "Aggregate extension" for all taxing districts to which
4 this Law applies in accordance with Section 18-213, except
5 for those taxing districts subject to paragraph (2) of
6 subsection (e) of Section 18-213, means the annual corporate
7 extension for the taxing district and those special purpose
8 extensions that are made annually for the taxing district,
9 excluding special purpose extensions: (a) made for the taxing
10 district to pay interest or principal on general obligation
11 bonds that were approved by referendum; (b) made for any
12 taxing district to pay interest or principal on general
13 obligation bonds issued before the date on which the
14 referendum making this Law applicable to the taxing district
15 is held; (c) made for any taxing district to pay interest or
16 principal on bonds issued to refund or continue to refund
17 those bonds issued before the date on which the referendum
18 making this Law applicable to the taxing district is held;
19 (d) made for any taxing district to pay interest or principal
20 on bonds issued to refund or continue to refund bonds issued
21 after the date on which the referendum making this Law
22 applicable to the taxing district is held if the bonds were
23 approved by referendum after the date on which the referendum
24 making this Law applicable to the taxing district is held;
25 (e) made for any taxing district to pay interest or principal
26 on revenue bonds issued before the date on which the
27 referendum making this Law applicable to the taxing district
28 is held for payment of which a property tax levy or the full
29 faith and credit of the unit of local government is pledged;
30 however, a tax for the payment of interest or principal on
31 those bonds shall be made only after the governing body of
32 the unit of local government finds that all other sources for
33 payment are insufficient to make those payments; (f) made for
34 payments under a building commission lease when the lease
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1 payments are for the retirement of bonds issued by the
2 commission before the date on which the referendum making
3 this Law applicable to the taxing district is held to pay for
4 the building project; (g) made for payments due under
5 installment contracts entered into before the date on which
6 the referendum making this Law applicable to the taxing
7 district is held; (h) made for payments of principal and
8 interest on limited bonds, as defined in Section 3 of the
9 Local Government Debt Reform Act, in an amount not to exceed
10 the debt service extension base less the amount in items (b),
11 (c), and (e) of this definition for non-referendum
12 obligations, except obligations initially issued pursuant to
13 referendum; (i) made for payments of principal and interest
14 on bonds issued under Section 15 of the Local Government Debt
15 Reform Act; and (j) made for a qualified airport authority to
16 pay interest or principal on general obligation bonds issued
17 for the purpose of paying obligations due under, or financing
18 airport facilities required to be acquired, constructed,
19 installed or equipped pursuant to, contracts entered into
20 before March 1, 1996 (but not including any amendments to
21 such a contract taking effect on or after that date); and (k)
22 with respect to any taxing district other than a community
23 mental health board, made for the purpose of providing
24 community mental health facilities and services as provided
25 in Section 4 of the Community Mental Health Act; in no way
26 shall this item (k) be construed to exempt extensions made by
27 a community mental health board from its aggregate extension.
28 "Aggregate extension" for all taxing districts to which
29 this Law applies in accordance with paragraph (2) of
30 subsection (e) of Section 18-213 means the annual corporate
31 extension for the taxing district and those special purpose
32 extensions that are made annually for the taxing district,
33 excluding special purpose extensions: (a) made for the taxing
34 district to pay interest or principal on general obligation
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1 bonds that were approved by referendum; (b) made for any
2 taxing district to pay interest or principal on general
3 obligation bonds issued before the effective date of this
4 amendatory Act of 1997; (c) made for any taxing district to
5 pay interest or principal on bonds issued to refund or
6 continue to refund those bonds issued before the effective
7 date of this amendatory Act of 1997; (d) made for any taxing
8 district to pay interest or principal on bonds issued to
9 refund or continue to refund bonds issued after the effective
10 date of this amendatory Act of 1997 if the bonds were
11 approved by referendum after the effective date of this
12 amendatory Act of 1997; (e) made for any taxing district to
13 pay interest or principal on revenue bonds issued before the
14 effective date of this amendatory Act of 1997 for payment of
15 which a property tax levy or the full faith and credit of the
16 unit of local government is pledged; however, a tax for the
17 payment of interest or principal on those bonds shall be made
18 only after the governing body of the unit of local government
19 finds that all other sources for payment are insufficient to
20 make those payments; (f) made for payments under a building
21 commission lease when the lease payments are for the
22 retirement of bonds issued by the commission before the
23 effective date of this amendatory Act of 1997 to pay for the
24 building project; (g) made for payments due under installment
25 contracts entered into before the effective date of this
26 amendatory Act of 1997; (h) made for payments of principal
27 and interest on limited bonds, as defined in Section 3 of the
28 Local Government Debt Reform Act, in an amount not to exceed
29 the debt service extension base less the amount in items (b),
30 (c), and (e) of this definition for non-referendum
31 obligations, except obligations initially issued pursuant to
32 referendum; (i) made for payments of principal and interest
33 on bonds issued under Section 15 of the Local Government Debt
34 Reform Act; and (j) made for a qualified airport authority to
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1 pay interest or principal on general obligation bonds issued
2 for the purpose of paying obligations due under, or financing
3 airport facilities required to be acquired, constructed,
4 installed or equipped pursuant to, contracts entered into
5 before March 1, 1996 (but not including any amendments to
6 such a contract taking effect on or after that date); and (k)
7 with respect to any taxing district other than a community
8 mental health board, made for the purpose of providing
9 community mental health facilities and services as provided
10 in Section 4 of the Community Mental Health Act; in no way
11 shall this item (k) be construed to exempt extensions made by
12 a community mental health board from its aggregate extension.
13 "Debt service extension base" means an amount equal to
14 that portion of the extension for a taxing district for the
15 1994 levy year, or for those taxing districts subject to this
16 Law in accordance with Section 18-213, except for those
17 subject to paragraph (2) of subsection (e) of Section 18-213,
18 for the levy year in which the referendum making this Law
19 applicable to the taxing district is held, or for those
20 taxing districts subject to this Law in accordance with
21 paragraph (2) of subsection (e) of Section 18-213 for the
22 1996 levy year, constituting an extension for payment of
23 principal and interest on bonds issued by the taxing district
24 without referendum, but not including (i) bonds authorized by
25 Public Act 88-503 and issued under Section 20a of the Chicago
26 Park District Act for aquarium and museum projects; (ii)
27 bonds issued under Section 15 of the Local Government Debt
28 Reform Act; or (iii) refunding obligations issued to refund
29 or to continue to refund obligations initially issued
30 pursuant to referendum. The debt service extension base may
31 be established or increased as provided under Section 18-212.
32 "Special purpose extensions" include, but are not limited
33 to, extensions for levies made on an annual basis for
34 unemployment and workers' compensation, self-insurance,
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1 contributions to pension plans, and extensions made pursuant
2 to Section 6-601 of the Illinois Highway Code for a road
3 district's permanent road fund whether levied annually or
4 not. The extension for a special service area is not
5 included in the aggregate extension.
6 "Aggregate extension base" means the taxing district's
7 last preceding aggregate extension as adjusted under Sections
8 18-215 through 18-230.
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
13 improvements or additions to existing improvements on any
14 parcel of real property that increase the assessed value of
15 that real property during the levy year multiplied by the
16 equalization factor issued by the Department under Section
17 17-30 and (ii) the assessed value, after final board of
18 review or board of appeals action, of real property not
19 exempt from real estate taxation, which real property was
20 exempt from real estate taxation for any portion of the
21 immediately preceding levy year, multiplied by the
22 equalization factor issued by the Department under Section
23 17-30.
24 "Qualified airport authority" means an airport authority
25 organized under the Airport Authorities Act and located in a
26 county bordering on the State of Wisconsin and having a
27 population in excess of 200,000 and not greater than 500,000.
28 "Recovered tax increment value" means the amount of the
29 current year's equalized assessed value, in the first year
30 after a municipality terminates the designation of an area as
31 a redevelopment project area previously established under the
32 Tax Increment Allocation Development Act in the Illinois
33 Municipal Code, previously established under the Industrial
34 Jobs Recovery Law in the Illinois Municipal Code, or
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1 previously established under the Economic Development Area
2 Tax Increment Allocation Act, of each taxable lot, block,
3 tract, or parcel of real property in the redevelopment
4 project area over and above the initial equalized assessed
5 value of each property in the redevelopment project area.
6 Except as otherwise provided in this Section, "limiting
7 rate" means a fraction the numerator of which is the last
8 preceding aggregate extension base times an amount equal to
9 one plus the extension limitation defined in this Section and
10 the denominator of which is the current year's equalized
11 assessed value of all real property in the territory under
12 the jurisdiction of the taxing district during the prior levy
13 year. For those taxing districts that reduced their
14 aggregate extension for the last preceding levy year, the
15 highest aggregate extension in any of the last 3 preceding
16 levy years shall be used for the purpose of computing the
17 limiting rate. The denominator shall not include new
18 property. The denominator shall not include the recovered
19 tax increment value.
20 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
21 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
22 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
23 eff. 1-1-98; 90-511, eff. 8-22-97; revised 10-24-97.)
24 (Text of Section after amendment by P.A. 90-568)
25 Sec. 18-185. Short title; definitions. This Section and
26 Sections 18-190 through 18-245 may be cited as the Property
27 Tax Extension Limitation Law. As used in Sections 18-190
28 through 18-245:
29 "Consumer Price Index" means the Consumer Price Index for
30 All Urban Consumers for all items published by the United
31 States Department of Labor.
32 "Extension limitation" means (a) the lesser of 5% or the
33 percentage increase in the Consumer Price Index during the
34 12-month calendar year preceding the levy year or (b) the
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1 rate of increase approved by voters under Section 18-205.
2 "Affected county" means a county of 3,000,000 or more
3 inhabitants or a county contiguous to a county of 3,000,000
4 or more inhabitants.
5 "Taxing district" has the same meaning provided in
6 Section 1-150, except as otherwise provided in this Section.
7 For the 1991 through 1994 levy years only, "taxing district"
8 includes only each non-home rule taxing district having the
9 majority of its 1990 equalized assessed value within any
10 county or counties contiguous to a county with 3,000,000 or
11 more inhabitants. Beginning with the 1995 levy year, "taxing
12 district" includes only each non-home rule taxing district
13 subject to this Law before the 1995 levy year and each
14 non-home rule taxing district not subject to this Law before
15 the 1995 levy year having the majority of its 1994 equalized
16 assessed value in an affected county or counties. Beginning
17 with the levy year in which this Law becomes applicable to a
18 taxing district as provided in Section 18-213, "taxing
19 district" also includes those taxing districts made subject
20 to this Law as provided in Section 18-213. Beginning with the
21 1998 levy year, for purposes of this Law only, "taxing
22 district" also includes a community mental health board
23 established under Section 3a of the Community Mental Health
24 Act to which this Law otherwise applies. In no event shall
25 the changes made by this amendatory Act of 1998 be construed
26 to alter the powers and duties of a community mental health
27 board prescribed in the Community Mental Health Act,
28 including but not limited to the requirement that the board
29 annually prepare and submit to the officer and governing body
30 that established the board an annual budget as prescribed in
31 Section 3f of that Act.
32 "Aggregate extension" for taxing districts to which this
33 Law applied before the 1995 levy year means the annual
34 corporate extension for the taxing district and those special
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1 purpose extensions that are made annually for the taxing
2 district, excluding special purpose extensions: (a) made for
3 the taxing district to pay interest or principal on general
4 obligation bonds that were approved by referendum; (b) made
5 for any taxing district to pay interest or principal on
6 general obligation bonds issued before October 1, 1991; (c)
7 made for any taxing district to pay interest or principal on
8 bonds issued to refund or continue to refund those bonds
9 issued before October 1, 1991; (d) made for any taxing
10 district to pay interest or principal on bonds issued to
11 refund or continue to refund bonds issued after October 1,
12 1991 that were approved by referendum; (e) made for any
13 taxing district to pay interest or principal on revenue bonds
14 issued before October 1, 1991 for payment of which a property
15 tax levy or the full faith and credit of the unit of local
16 government is pledged; however, a tax for the payment of
17 interest or principal on those bonds shall be made only after
18 the governing body of the unit of local government finds that
19 all other sources for payment are insufficient to make those
20 payments; (f) made for payments under a building commission
21 lease when the lease payments are for the retirement of bonds
22 issued by the commission before October 1, 1991, to pay for
23 the building project; (g) made for payments due under
24 installment contracts entered into before October 1, 1991;
25 (h) made for payments of principal and interest on bonds
26 issued under the Metropolitan Water Reclamation District Act
27 to finance construction projects initiated before October 1,
28 1991; (i) made for payments of principal and interest on
29 limited bonds, as defined in Section 3 of the Local
30 Government Debt Reform Act, in an amount not to exceed the
31 debt service extension base less the amount in items (b),
32 (c), (e), and (h) of this definition for non-referendum
33 obligations, except obligations initially issued pursuant to
34 referendum; (j) 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 (k) made by a school district that
3 participates in the Special Education District of Lake
4 County, created by special education joint agreement under
5 Section 10-22.31 of the School Code, for payment of the
6 school district's share of the amounts required to be
7 contributed by the Special Education District of Lake County
8 to the Illinois Municipal Retirement Fund under Article 7 of
9 the Illinois Pension Code; the amount of any extension under
10 this item (k) shall be certified by the school district to
11 the county clerk; and (1) with respect to any taxing district
12 other than a community mental health board, made for the
13 purpose of providing community mental health facilities and
14 services as provided in Section 4 of the Community Mental
15 Health Act; in no way shall this item (1) be construed to
16 exempt extensions made by a community mental health board
17 from its aggregate extension.
18 "Aggregate extension" for the taxing districts to which
19 this Law did not apply before the 1995 levy year (except
20 taxing districts subject to this Law in accordance with
21 Section 18-213) means the annual corporate extension for the
22 taxing district and those special purpose extensions that are
23 made annually for the taxing district, excluding special
24 purpose extensions: (a) made for the taxing district to pay
25 interest or principal on general obligation bonds that were
26 approved by referendum; (b) made for any taxing district to
27 pay interest or principal on general obligation bonds issued
28 before March 1, 1995; (c) made for any taxing district to pay
29 interest or principal on bonds issued to refund or continue
30 to refund those bonds issued before March 1, 1995; (d) made
31 for any taxing district to pay interest or principal on bonds
32 issued to refund or continue to refund bonds issued after
33 March 1, 1995 that were approved by referendum; (e) made for
34 any taxing district to pay interest or principal on revenue
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1 bonds issued before March 1, 1995 for payment of which a
2 property tax levy or the full faith and credit of the unit of
3 local government is pledged; however, a tax for the payment
4 of interest or principal on those bonds shall be made only
5 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 March 1,
10 1995 to pay for the building project; (g) made for payments
11 due under installment contracts entered into before March 1,
12 1995; (h) made for payments of principal and interest on
13 bonds issued under the Metropolitan Water Reclamation
14 District Act to finance construction projects initiated
15 before October 1, 1991; (i) made for payments of principal
16 and interest on limited bonds, as defined in Section 3 of the
17 Local Government Debt Reform Act, in an amount not to exceed
18 the debt service extension base less the amount in items (b),
19 (c), and (e) of this definition for non-referendum
20 obligations, except obligations initially issued pursuant to
21 referendum and bonds described in subsection (h) of this
22 definition; (j) made for payments of principal and interest
23 on bonds issued under Section 15 of the Local Government Debt
24 Reform Act; (k) made for payments of principal and interest
25 on bonds authorized by Public Act 88-503 and issued under
26 Section 20a of the Chicago Park District Act for aquarium or
27 museum projects; and (l) made for payments of principal and
28 interest on bonds authorized by Public Act 87-1191 and issued
29 under Section 42 of the Cook County Forest Preserve District
30 Act for zoological park projects; and (m) with respect to any
31 taxing district other than a community mental health board,
32 made for the purpose of providing community mental health
33 facilities and services as provided in Section 4 of the
34 Community Mental Health Act; in no way shall this item (m) be
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1 construed to exempt extensions made by a community mental
2 health board from its aggregate extension.
3 "Aggregate extension" for all taxing districts to which
4 this Law applies in accordance with Section 18-213, except
5 for those taxing districts subject to paragraph (2) of
6 subsection (e) of Section 18-213, means the annual corporate
7 extension for the taxing district and those special purpose
8 extensions that are made annually for the taxing district,
9 excluding special purpose extensions: (a) made for the taxing
10 district to pay interest or principal on general obligation
11 bonds that were approved by referendum; (b) made for any
12 taxing district to pay interest or principal on general
13 obligation bonds issued before the date on which the
14 referendum making this Law applicable to the taxing district
15 is held; (c) made for any taxing district to pay interest or
16 principal on bonds issued to refund or continue to refund
17 those bonds issued before the date on which the referendum
18 making this Law applicable to the taxing district is held;
19 (d) made for any taxing district to pay interest or principal
20 on bonds issued to refund or continue to refund bonds issued
21 after the date on which the referendum making this Law
22 applicable to the taxing district is held if the bonds were
23 approved by referendum after the date on which the referendum
24 making this Law applicable to the taxing district is held;
25 (e) made for any taxing district to pay interest or principal
26 on revenue bonds issued before the date on which the
27 referendum making this Law applicable to the taxing district
28 is held for payment of which a property tax levy or the full
29 faith and credit of the unit of local government is pledged;
30 however, a tax for the payment of interest or principal on
31 those bonds shall be made only after the governing body of
32 the unit of local government finds that all other sources for
33 payment are insufficient to make those payments; (f) made for
34 payments under a building commission lease when the lease
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1 payments are for the retirement of bonds issued by the
2 commission before the date on which the referendum making
3 this Law applicable to the taxing district is held to pay for
4 the building project; (g) made for payments due under
5 installment contracts entered into before the date on which
6 the referendum making this Law applicable to the taxing
7 district is held; (h) made for payments of principal and
8 interest on limited bonds, as defined in Section 3 of the
9 Local Government Debt Reform Act, in an amount not to exceed
10 the debt service extension base less the amount in items (b),
11 (c), and (e) of this definition for non-referendum
12 obligations, except obligations initially issued pursuant to
13 referendum; (i) made for payments of principal and interest
14 on bonds issued under Section 15 of the Local Government Debt
15 Reform Act; and (j) made for a qualified airport authority to
16 pay interest or principal on general obligation bonds issued
17 for the purpose of paying obligations due under, or financing
18 airport facilities required to be acquired, constructed,
19 installed or equipped pursuant to, contracts entered into
20 before March 1, 1996 (but not including any amendments to
21 such a contract taking effect on or after that date); and (k)
22 with respect to any taxing district other than a community
23 mental health board, made for the purpose of providing
24 community mental health facilities and services as provided
25 in Section 4 of the Community Mental Health Act; in no way
26 shall this item (k) be construed to exempt extensions made by
27 a community mental health board from its aggregate extension.
28 "Aggregate extension" for all taxing districts to which
29 this Law applies in accordance with paragraph (2) of
30 subsection (e) of Section 18-213 means the annual corporate
31 extension for the taxing district and those special purpose
32 extensions that are made annually for the taxing district,
33 excluding special purpose extensions: (a) made for the taxing
34 district to pay interest or principal on general obligation
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1 bonds that were approved by referendum; (b) made for any
2 taxing district to pay interest or principal on general
3 obligation bonds issued before the effective date of this
4 amendatory Act of 1997; (c) made for any taxing district to
5 pay interest or principal on bonds issued to refund or
6 continue to refund those bonds issued before the effective
7 date of this amendatory Act of 1997; (d) made for any taxing
8 district to pay interest or principal on bonds issued to
9 refund or continue to refund bonds issued after the effective
10 date of this amendatory Act of 1997 if the bonds were
11 approved by referendum after the effective date of this
12 amendatory Act of 1997; (e) made for any taxing district to
13 pay interest or principal on revenue bonds issued before the
14 effective date of this amendatory Act of 1997 for payment of
15 which a property tax levy or the full faith and credit of the
16 unit of local government is pledged; however, a tax for the
17 payment of interest or principal on those bonds shall be made
18 only after the governing body of the unit of local government
19 finds that all other sources for payment are insufficient to
20 make those payments; (f) made for payments under a building
21 commission lease when the lease payments are for the
22 retirement of bonds issued by the commission before the
23 effective date of this amendatory Act of 1997 to pay for the
24 building project; (g) made for payments due under installment
25 contracts entered into before the effective date of this
26 amendatory Act of 1997; (h) made for payments of principal
27 and interest on limited bonds, as defined in Section 3 of the
28 Local Government Debt Reform Act, in an amount not to exceed
29 the debt service extension base less the amount in items (b),
30 (c), and (e) of this definition for non-referendum
31 obligations, except obligations initially issued pursuant to
32 referendum; (i) made for payments of principal and interest
33 on bonds issued under Section 15 of the Local Government Debt
34 Reform Act; and (j) made for a qualified airport authority to
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1 pay interest or principal on general obligation bonds issued
2 for the purpose of paying obligations due under, or financing
3 airport facilities required to be acquired, constructed,
4 installed or equipped pursuant to, contracts entered into
5 before March 1, 1996 (but not including any amendments to
6 such a contract taking effect on or after that date); and (k)
7 with respect to any taxing district other than a community
8 mental health board, made for the purpose of providing
9 community mental health facilities and services as provided
10 in Section 4 of the Community Mental Health Act; in no way
11 shall this item (k) be construed to exempt extensions made by
12 a community mental health board from its aggregate extension.
13 "Debt service extension base" means an amount equal to
14 that portion of the extension for a taxing district for the
15 1994 levy year, or for those taxing districts subject to this
16 Law in accordance with Section 18-213, except for those
17 subject to paragraph (2) of subsection (e) of Section 18-213,
18 for the levy year in which the referendum making this Law
19 applicable to the taxing district is held, or for those
20 taxing districts subject to this Law in accordance with
21 paragraph (2) of subsection (e) of Section 18-213 for the
22 1996 levy year, constituting an extension for payment of
23 principal and interest on bonds issued by the taxing district
24 without referendum, but not including (i) bonds authorized by
25 Public Act 88-503 and issued under Section 20a of the Chicago
26 Park District Act for aquarium and museum projects; (ii)
27 bonds issued under Section 15 of the Local Government Debt
28 Reform Act; or (iii) refunding obligations issued to refund
29 or to continue to refund obligations initially issued
30 pursuant to referendum. The debt service extension base may
31 be established or increased as provided under Section 18-212.
32 "Special purpose extensions" include, but are not limited
33 to, extensions for levies made on an annual basis for
34 unemployment and workers' compensation, self-insurance,
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1 contributions to pension plans, and extensions made pursuant
2 to Section 6-601 of the Illinois Highway Code for a road
3 district's permanent road fund whether levied annually or
4 not. The extension for a special service area is not
5 included in the aggregate extension.
6 "Aggregate extension base" means the taxing district's
7 last preceding aggregate extension as adjusted under Sections
8 18-215 through 18-230.
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
13 improvements or additions to existing improvements on any
14 parcel of real property that increase the assessed value of
15 that real property during the levy year multiplied by the
16 equalization factor issued by the Department under Section
17 17-30 and (ii) the assessed value, after final board of
18 review or board of appeals action, of real property not
19 exempt from real estate taxation, which real property was
20 exempt from real estate taxation for any portion of the
21 immediately preceding levy year, multiplied by the
22 equalization factor issued by the Department under Section
23 17-30.
24 "Qualified airport authority" means an airport authority
25 organized under the Airport Authorities Act and located in a
26 county bordering on the State of Wisconsin and having a
27 population in excess of 200,000 and not greater than 500,000.
28 "Recovered tax increment value" means the amount of the
29 current year's equalized assessed value, in the first year
30 after a municipality terminates the designation of an area as
31 a redevelopment project area previously established under the
32 Tax Increment Allocation Development Act in the Illinois
33 Municipal Code, previously established under the Industrial
34 Jobs Recovery Law in the Illinois Municipal Code, or
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1 previously established under the Economic Development Area
2 Tax Increment Allocation Act, of each taxable lot, block,
3 tract, or parcel of real property in the redevelopment
4 project area over and above the initial equalized assessed
5 value of each property in the redevelopment project area.
6 For the taxes which are extended for the 1997 levy year, the
7 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
11 increased if a municipality terminated the designation of an
12 area in 1993 as a redevelopment project area previously
13 established under the Tax Increment Allocation Development
14 Act in the Illinois Municipal Code, previously established
15 under the Industrial Jobs Recovery Law in the Illinois
16 Municipal Code, or previously established under the Economic
17 Development Area Tax Increment Allocation Act, by an amount
18 equal to the 1994 equalized assessed value of each taxable
19 lot, block, tract, or parcel of real property in the
20 redevelopment project area over and above the initial
21 equalized assessed value of each property in the
22 redevelopment project area.
23 Except as otherwise provided in this Section, "limiting
24 rate" means a fraction the numerator of which is the last
25 preceding aggregate extension base times an amount equal to
26 one plus the extension limitation defined in this Section and
27 the denominator of which is the current year's equalized
28 assessed value of all real property in the territory under
29 the jurisdiction of the taxing district during the prior levy
30 year. For those taxing districts that reduced their
31 aggregate extension for the last preceding levy year, the
32 highest aggregate extension in any of the last 3 preceding
33 levy years shall be used for the purpose of computing the
34 limiting rate. The denominator shall not include new
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1 property. The denominator shall not include the recovered
2 tax increment value.
3 (Source: P.A. 89-1, eff. 2-12-95; 89-138, eff. 7-14-95;
4 89-385, eff. 8-18-95; 89-436, eff. 1-1-96; 89-449, eff.
5 6-1-96; 89-510, eff. 7-11-96; 89-718, eff. 3-7-97; 90-485,
6 eff. 1-1-98; 90-511, eff. 8-22-97; 90-568, eff. 1-1-99;
7 revised 2-7-98.)
8 (35 ILCS 200/18-210)
9 Sec. 18-210. Establishing a new levy. Except as provided
10 in Section 18-215, as it relates to a transfer of a service,
11 before a county clerk may extend taxes for funds subject to
12 the limitations of this Law, a new taxing district or a
13 taxing district with an aggregate extension base of zero
14 shall hold a referendum establishing a maximum aggregate
15 extension for the levy year. The maximum aggregate extension
16 is established for the current levy year if a taxing district
17 has held a referendum before the levy date at which the
18 majority voting on the issue approves its adoption. The
19 referendum under this Section may be held at the same time as
20 the referendum on creating a new taxing district. The
21 question shall be submitted to the voters at a regularly
22 scheduled election in accordance with the Election Code in
23 substantially the following manner:
24 -------------------------------------------------------------
25 Under the Property Tax Extension
26 Limitation Law, may an YES
27 aggregate extension not to exceed ...
28 (aggregate extension amount) ... ---------------------
29 be made for the ... (taxing
30 district name) ... for the NO
31 ... (levy year) ... levy year?
32 -------------------------------------------------------------
33 If a majority of voters voting on the increase approves the
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1 adoption of the aggregate extension, the extension shall be
2 effective for the levy year specified.
3 The provisions of this Section shall not apply to a
4 community mental health board that has held a referendum
5 under Section 5 of the Community Mental Health Act.
6 (Source: P.A. 87-17; 88-455.)
7 Section 99. Effective date. This Act takes effect upon
8 becoming law.".