State of Illinois
91st General Assembly
Legislation

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[ Introduced ]

91_HB2744eng

 
HB2744 Engrossed                               LRB9100172PTbd

 1        AN ACT to amend the Property Tax Code by changing Section
 2    18-185.

 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    Section 18-185 as follows:

 7        (35 ILCS 200/18-185)
 8        Sec. 18-185.  Short title; definitions.  This Division 5
 9    Section and Sections 18-190 through 18-245 may  be  cited  as
10    the  Property  Tax Extension Limitation Law.  As used in this
11    Division 5 Sections 18-190 through 18-245:
12        "Consumer Price Index" means the Consumer Price Index for
13    All Urban Consumers for all items  published  by  the  United
14    States Department of Labor.
15        "Extension  limitation" means (a) the lesser of 5% or the
16    percentage increase in the Consumer Price  Index  during  the
17    12-month  calendar  year  preceding  the levy year or (b) the
18    rate of increase approved by voters under Section 18-205.
19        "Affected county" means a county  of  3,000,000  or  more
20    inhabitants  or  a county contiguous to a county of 3,000,000
21    or more inhabitants.
22        "Taxing  district"  has  the  same  meaning  provided  in
23    Section 1-150, except as otherwise provided in this  Section.
24    For  the 1991 through 1994 levy years only, "taxing district"
25    includes only each non-home rule taxing district  having  the
26    majority  of  its  1990  equalized  assessed value within any
27    county or counties contiguous to a county with  3,000,000  or
28    more inhabitants.  Beginning with the 1995 levy year, "taxing
29    district"  includes  only  each non-home rule taxing district
30    subject to this Law  before  the  1995  levy  year  and  each
31    non-home  rule taxing district not subject to this Law before
 
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 1    the 1995 levy year having the majority of its 1994  equalized
 2    assessed  value in an affected county or counties.  Beginning
 3    with the levy year in which this Law becomes applicable to  a
 4    taxing  district  as  provided  in  Section  18-213,  "taxing
 5    district"  also  includes those taxing districts made subject
 6    to this Law as provided in Section 18-213.
 7        "Aggregate extension" for taxing districts to which  this
 8    Law  applied  before  the  1995  levy  year  means the annual
 9    corporate extension for the taxing district and those special
10    purpose extensions that are  made  annually  for  the  taxing
11    district,  excluding special purpose extensions: (a) made for
12    the taxing district to pay interest or principal  on  general
13    obligation  bonds  that were approved by referendum; (b) made
14    for any taxing district  to  pay  interest  or  principal  on
15    general  obligation  bonds issued before October 1, 1991; (c)
16    made for any taxing district to pay interest or principal  on
17    bonds  issued  to  refund  or  continue to refund those bonds
18    issued before October  1,  1991;  (d)  made  for  any  taxing
19    district  to  pay  interest  or  principal on bonds issued to
20    refund or continue to refund bonds issued  after  October  1,
21    1991  that  were  approved  by  referendum;  (e) made for any
22    taxing district to pay interest or principal on revenue bonds
23    issued before October 1, 1991 for payment of which a property
24    tax levy or the full faith and credit of the  unit  of  local
25    government  is  pledged;  however,  a  tax for the payment of
26    interest or principal on those bonds shall be made only after
27    the governing body of the unit of local government finds that
28    all other sources for payment are insufficient to make  those
29    payments;  (f)  made for payments under a building commission
30    lease when the lease payments are for the retirement of bonds
31    issued by the commission before October 1, 1991, to  pay  for
32    the  building  project;  (g)  made  for  payments  due  under
33    installment  contracts  entered  into before October 1, 1991;
34    (h) made for payments of  principal  and  interest  on  bonds
 
HB2744 Engrossed            -3-                LRB9100172PTbd
 1    issued  under the Metropolitan Water Reclamation District Act
 2    to finance construction projects initiated before October  1,
 3    1991;  (i)  made  for  payments  of principal and interest on
 4    limited  bonds,  as  defined  in  Section  3  of  the   Local
 5    Government  Debt  Reform  Act, in an amount not to exceed the
 6    debt service extension base less the  amount  in  items  (b),
 7    (c),  (e),  and  (h)  of  this  definition for non-referendum
 8    obligations, except obligations initially issued pursuant  to
 9    referendum;  (j)  made for payments of principal and interest
10    on bonds issued under Section 15 of the Local Government Debt
11    Reform  Act;  and  (k)  made  by  a  school   district   that
12    participates  in  the  Special  Education  District  of  Lake
13    County,  created  by  special education joint agreement under
14    Section 10-22.31 of the  School  Code,  for  payment  of  the
15    school  district's  share  of  the  amounts  required  to  be
16    contributed  by the Special Education District of Lake County
17    to the Illinois Municipal Retirement Fund under Article 7  of
18    the  Illinois Pension Code; the amount of any extension under
19    this item (k) shall be certified by the  school  district  to
20    the county clerk.
21        "Aggregate  extension"  for the taxing districts to which
22    this Law did not apply before  the  1995  levy  year  (except
23    taxing  districts  subject  to  this  Law  in accordance with
24    Section 18-213) means the annual corporate extension for  the
25    taxing district and those special purpose extensions that are
26    made  annually  for  the  taxing  district, excluding special
27    purpose extensions: (a) made for the taxing district  to  pay
28    interest  or  principal on general obligation bonds that were
29    approved by referendum; (b) made for any taxing  district  to
30    pay  interest or principal on general obligation bonds issued
31    before March 1, 1995; (c) made for any taxing district to pay
32    interest or principal on bonds issued to refund  or  continue
33    to  refund  those bonds issued before March 1, 1995; (d) made
34    for any taxing district to pay interest or principal on bonds
 
HB2744 Engrossed            -4-                LRB9100172PTbd
 1    issued to refund or continue to  refund  bonds  issued  after
 2    March  1, 1995 that were approved by referendum; (e) made for
 3    any taxing district to pay interest or principal  on  revenue
 4    bonds  issued  before  March  1,  1995 for payment of which a
 5    property tax levy or the full faith and credit of the unit of
 6    local government is pledged; however, a tax for  the  payment
 7    of  interest  or  principal on those bonds shall be made only
 8    after the governing body of  the  unit  of  local  government
 9    finds  that all other sources for payment are insufficient to
10    make those payments; (f) made for payments under  a  building
11    commission   lease  when  the  lease  payments  are  for  the
12    retirement of bonds issued by the commission before March  1,
13    1995  to  pay for the building project; (g) made for payments
14    due under installment contracts entered into before March  1,
15    1995;  (h)  made  for  payments  of principal and interest on
16    bonds  issued  under  the  Metropolitan   Water   Reclamation
17    District  Act  to  finance  construction  projects  initiated
18    before  October  1,  1991; (i) made for payments of principal
19    and interest on limited bonds, as defined in Section 3 of the
20    Local Government Debt Reform Act, in an amount not to  exceed
21    the debt service extension base less the amount in items (b),
22    (c),   and   (e)   of   this  definition  for  non-referendum
23    obligations, except obligations initially issued pursuant  to
24    referendum  and  bonds  described  in  subsection (h) of this
25    definition; (j) made for payments of principal  and  interest
26    on bonds issued under Section 15 of the Local Government Debt
27    Reform  Act;  (k) made for payments of principal and interest
28    on bonds authorized by Public Act  88-503  and  issued  under
29    Section  20a of the Chicago Park District Act for aquarium or
30    museum projects; and (l) made for payments of  principal  and
31    interest on bonds authorized by Public Act 87-1191 and issued
32    under  Section 42 of the Cook County Forest Preserve District
33    Act for zoological park projects.
34        "Aggregate extension" for all taxing districts  to  which
 
HB2744 Engrossed            -5-                LRB9100172PTbd
 1    this  Law  applies  in accordance with Section 18-213, except
 2    for those  taxing  districts  subject  to  paragraph  (2)  of
 3    subsection  (e) of Section 18-213, means the annual corporate
 4    extension for the taxing district and those  special  purpose
 5    extensions  that  are  made annually for the taxing district,
 6    excluding special purpose extensions: (a) made for the taxing
 7    district to pay interest or principal on  general  obligation
 8    bonds  that  were  approved  by  referendum; (b) made for any
 9    taxing district to  pay  interest  or  principal  on  general
10    obligation   bonds  issued  before  the  date  on  which  the
11    referendum making this Law applicable to the taxing  district
12    is  held; (c) made for any taxing district to pay interest or
13    principal on bonds issued to refund  or  continue  to  refund
14    those  bonds  issued  before the date on which the referendum
15    making this Law applicable to the taxing  district  is  held;
16    (d) made for any taxing district to pay interest or principal
17    on  bonds issued to refund or continue to refund bonds issued
18    after the date  on  which  the  referendum  making  this  Law
19    applicable  to  the taxing district is held if the bonds were
20    approved by referendum after the date on which the referendum
21    making this Law applicable to the taxing  district  is  held;
22    (e) made for any taxing district to pay interest or principal
23    on  revenue  bonds  issued  before  the  date  on  which  the
24    referendum  making this Law applicable to the taxing district
25    is held for payment of which a property tax levy or the  full
26    faith  and credit of the unit of local government is pledged;
27    however, a tax for the payment of interest  or  principal  on
28    those  bonds  shall  be made only after the governing body of
29    the unit of local government finds that all other sources for
30    payment are insufficient to make those payments; (f) made for
31    payments under a building commission  lease  when  the  lease
32    payments  are  for  the  retirement  of  bonds  issued by the
33    commission before the date on  which  the  referendum  making
34    this Law applicable to the taxing district is held to pay for
 
HB2744 Engrossed            -6-                LRB9100172PTbd
 1    the  building  project;  (g)  made  for  payments  due  under
 2    installment  contracts  entered into before the date on which
 3    the referendum making  this  Law  applicable  to  the  taxing
 4    district  is  held;  (h)  made  for payments of principal and
 5    interest on limited bonds, as defined in  Section  3  of  the
 6    Local  Government Debt Reform Act, in an amount not to exceed
 7    the debt service extension base less the amount in items (b),
 8    (c),  and  (e)  of   this   definition   for   non-referendum
 9    obligations,  except obligations initially issued pursuant to
10    referendum; (i) made for payments of principal  and  interest
11    on bonds issued under Section 15 of the Local Government Debt
12    Reform Act; and (j) made for a qualified airport authority to
13    pay  interest or principal on general obligation bonds issued
14    for the purpose of paying obligations due under, or financing
15    airport facilities  required  to  be  acquired,  constructed,
16    installed  or  equipped  pursuant  to, contracts entered into
17    before March 1, 1996 (but not  including  any  amendments  to
18    such a contract taking effect on or after that date).
19        "Aggregate  extension"  for all taxing districts to which
20    this  Law  applies  in  accordance  with  paragraph  (2)   of
21    subsection  (e)  of Section 18-213 means the annual corporate
22    extension for the taxing district and those  special  purpose
23    extensions  that  are  made annually for the taxing district,
24    excluding special purpose extensions: (a) made for the taxing
25    district to pay interest or principal on  general  obligation
26    bonds  that  were  approved  by  referendum; (b) made for any
27    taxing district to  pay  interest  or  principal  on  general
28    obligation  bonds  issued  before  the effective date of this
29    amendatory Act of 1997; (c) made for any taxing  district  to
30    pay  interest  or  principal  on  bonds  issued  to refund or
31    continue to refund those bonds issued  before  the  effective
32    date  of this amendatory Act of 1997; (d) made for any taxing
33    district to pay interest or  principal  on  bonds  issued  to
34    refund or continue to refund bonds issued after the effective
 
HB2744 Engrossed            -7-                LRB9100172PTbd
 1    date  of  this  amendatory  Act  of  1997  if  the bonds were
 2    approved by referendum  after  the  effective  date  of  this
 3    amendatory  Act  of 1997; (e) made for any taxing district to
 4    pay interest or principal on revenue bonds issued before  the
 5    effective  date of this amendatory Act of 1997 for payment of
 6    which a property tax levy or the full faith and credit of the
 7    unit of local government is pledged; however, a tax  for  the
 8    payment of interest or principal on those bonds shall be made
 9    only after the governing body of the unit of local government
10    finds  that all other sources for payment are insufficient to
11    make those payments; (f) made for payments under  a  building
12    commission   lease  when  the  lease  payments  are  for  the
13    retirement of bonds  issued  by  the  commission  before  the
14    effective  date of this amendatory Act of 1997 to pay for the
15    building project; (g) made for payments due under installment
16    contracts entered into before  the  effective  date  of  this
17    amendatory  Act  of  1997; (h) made for payments of principal
18    and interest on limited bonds, as defined in Section 3 of the
19    Local Government Debt Reform Act, in an amount not to  exceed
20    the debt service extension base less the amount in items (b),
21    (c),   and   (e)   of   this  definition  for  non-referendum
22    obligations, except obligations initially issued pursuant  to
23    referendum;  (i)  made for payments of principal and interest
24    on bonds issued under Section 15 of the Local Government Debt
25    Reform Act; and (j) made for a qualified airport authority to
26    pay interest or principal on general obligation bonds  issued
27    for the purpose of paying obligations due under, or financing
28    airport  facilities  required  to  be  acquired, constructed,
29    installed or equipped pursuant  to,  contracts  entered  into
30    before  March  1,  1996  (but not including any amendments to
31    such a contract taking effect on or after that date).
32        "Debt service extension base" means an  amount  equal  to
33    that  portion  of the extension for a taxing district for the
34    1994 levy year, or for those taxing districts subject to this
 
HB2744 Engrossed            -8-                LRB9100172PTbd
 1    Law in accordance  with  Section  18-213,  except  for  those
 2    subject to paragraph (2) of subsection (e) of Section 18-213,
 3    for  the  levy  year  in which the referendum making this Law
 4    applicable to the taxing  district  is  held,  or  for  those
 5    taxing  districts  subject  to  this  Law  in accordance with
 6    paragraph (2) of subsection (e) of  Section  18-213  for  the
 7    1996  levy  year,  constituting  an  extension for payment of
 8    principal and interest on bonds issued by the taxing district
 9    without referendum, but not including (i) bonds authorized by
10    Public Act 88-503 and issued under Section 20a of the Chicago
11    Park District Act for  aquarium  and  museum  projects;  (ii)
12    bonds  issued  under  Section 15 of the Local Government Debt
13    Reform Act; or (iii) refunding obligations issued  to  refund
14    or   to  continue  to  refund  obligations  initially  issued
15    pursuant to referendum.  The debt service extension base  may
16    be established or increased as provided under Section 18-212.
17        "Special purpose extensions" include, but are not limited
18    to,  extensions  for  levies  made  on  an  annual  basis for
19    unemployment  and  workers'   compensation,   self-insurance,
20    contributions  to pension plans, and extensions made pursuant
21    to Section 6-601 of the Illinois  Highway  Code  for  a  road
22    district's  permanent  road  fund  whether levied annually or
23    not.  The  extension  for  a  special  service  area  is  not
24    included in the aggregate extension.
25        "Aggregate  extension  base"  means the taxing district's
26    last preceding aggregate extension as adjusted under Sections
27    18-215 through 18-230.
28        "Levy year" has the same meaning as "year" under  Section
29    1-155.
30        "New  property" means (i) the assessed value, after final
31    board  of  review  or  board  of  appeals  action,   of   new
32    improvements  or  additions  to  existing improvements on any
33    parcel of real property that increase the assessed  value  of
34    that  real  property  during  the levy year multiplied by the
 
HB2744 Engrossed            -9-                LRB9100172PTbd
 1    equalization factor issued by the  Department  under  Section
 2    17-30;  and  (ii)  the  assessed  value, after final board of
 3    review or board of  appeals  action,  of  real  property  not
 4    exempt  from  real  estate  taxation, which real property was
 5    exempt from real estate  taxation  for  any  portion  of  the
 6    immediately   preceding   levy   year,   multiplied   by  the
 7    equalization factor issued by the  Department  under  Section
 8    17-30;  and  (iii)  the  assessed value, after final board of
 9    review action, of residential real property not  exempt  from
10    real  estate  taxation,  which  real property was exempt from
11    real estate taxation as part of the federal property that was
12    commonly known as the Chanute Air Force Base for  levy  years
13    preceding  the  effective  date  (December  23,  1993) of the
14    Chanute Air Force Base Retrocession Law,  multiplied  by  the
15    equalization  factor  issued  by the Department under Section
16    17-30.  In addition, the county clerk in a county  containing
17    a  population  of 3,000,000 or more shall include in the 1997
18    recovered tax increment value for any  school  district,  any
19    recovered tax increment value that was applicable to the 1995
20    tax year calculations.
21        "Qualified  airport authority" means an airport authority
22    organized under the Airport Authorities Act and located in  a
23    county  bordering  on  the  State  of  Wisconsin and having a
24    population in excess of 200,000 and not greater than 500,000.
25        "Recovered tax increment value" means the amount  of  the
26    current  year's  equalized  assessed value, in the first year
27    after a municipality terminates the designation of an area as
28    a redevelopment project area previously established under the
29    Tax Increment Allocation  Development  Act  in  the  Illinois
30    Municipal  Code,  previously established under the Industrial
31    Jobs  Recovery  Law  in  the  Illinois  Municipal  Code,   or
32    previously  established  under  the Economic Development Area
33    Tax Increment Allocation Act, of  each  taxable  lot,  block,
34    tract,  or  parcel  of  real  property  in  the redevelopment
 
HB2744 Engrossed            -10-               LRB9100172PTbd
 1    project area over and above the  initial  equalized  assessed
 2    value  of  each  property  in the redevelopment project area.
 3    For the taxes which are extended for the 1997 levy year,  the
 4    recovered  tax  increment  value  for  a non-home rule taxing
 5    district that first became subject to this Law for  the  1995
 6    levy  year  because a majority of its 1994 equalized assessed
 7    value  was  in  an  affected  county  or  counties  shall  be
 8    increased if a municipality terminated the designation of  an
 9    area  in  1993  as  a  redevelopment  project area previously
10    established under the Tax  Increment  Allocation  Development
11    Act  in  the  Illinois Municipal Code, previously established
12    under the  Industrial  Jobs  Recovery  Law  in  the  Illinois
13    Municipal  Code, or previously established under the Economic
14    Development Area Tax Increment Allocation Act, by  an  amount
15    equal  to  the  1994 equalized assessed value of each taxable
16    lot,  block,  tract,  or  parcel  of  real  property  in  the
17    redevelopment  project  area  over  and  above  the   initial
18    equalized   assessed   value   of   each   property   in  the
19    redevelopment project area.
20        Except as otherwise provided in this  Section,  "limiting
21    rate"  means  a  fraction  the numerator of which is the last
22    preceding aggregate extension base times an amount  equal  to
23    one plus the extension limitation defined in this Section and
24    the  denominator  of  which  is  the current year's equalized
25    assessed value of all real property in  the  territory  under
26    the jurisdiction of the taxing district during the prior levy
27    year.    For   those  taxing  districts  that  reduced  their
28    aggregate extension for the last  preceding  levy  year,  the
29    highest  aggregate  extension  in any of the last 3 preceding
30    levy years shall be used for the  purpose  of  computing  the
31    limiting   rate.   The  denominator  shall  not  include  new
32    property.  The denominator shall not  include  the  recovered
33    tax increment value.
34    (Source:  P.A.  89-1,  eff.  2-12-95;  89-138,  eff. 7-14-95;
 
HB2744 Engrossed            -11-               LRB9100172PTbd
 1    89-385, eff.  8-18-95;  89-436,  eff.  1-1-96;  89-449,  eff.
 2    6-1-96;  89-510,  eff.  7-11-96; 89-718, eff. 3-7-97; 90-485,
 3    eff. 1-1-98;  90-511,  eff.  8-22-97;  90-568,  eff.  1-1-99;
 4    90-616,   eff.   7-10-98;   90-655,   eff.  7-30-98;  revised
 5    10-28-98.)

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