State of Illinois
91st General Assembly
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Public Act 91-0523

SB376 Enrolled                                 LRB9103085PTpk

    AN ACT in relation to truth in taxation.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.  The Property Tax Code is amended by changing
Section 18-55 and by adding Division 2.1  to  Article  18  as
follows:

    (35 ILCS 200/18-55)
    Sec.  18-55.  Short title and definitions.  This Division
2 Section and Sections 18-60 through 18-95 may  be  cited  as
the  Truth  in  Taxation  Law.   As  used  in this Division 2
Sections 18-60 through 18-95:
    (a)  "Taxing  district"  has  the  meaning  specified  in
Section 1-150 and includes home rule units, but from  January
1,  2000  through  December  31, 2002 does not include taxing
districts that have territory in Cook County.;
    (b)  "Aggregate levy" means the annual corporate levy  of
the  taxing  district  and those special purpose levies which
are made annually (other than debt service levies and  levies
made  for  the  purpose  of  paying  amounts due under public
building commission leases).;
    (c)  "Special  purpose  levies"  include,  but  are   not
limited  to, levies made on an annual basis for contributions
to pension plans, unemployment and worker's compensation,  or
self-insurance.;
    (d)  "Debt  service"  means  levies  made  by  any taxing
district  pursuant   to   home   rule   authority,   statute,
referendum,  ordinance,  resolution, indenture, agreement, or
contract to retire the principal or pay  interest  on  bonds,
notes,   debentures  or  other  financial  instruments  which
evidence indebtedness.
(Source: P.A. 86-957; 86-1475; 88-455; revised 10-28-98.)
    (35 ILCS 200/Art. 18, Div. 2.1 heading new)
        DIVISION 2.1.  COOK COUNTY TRUTH IN TAXATION

    (35 ILCS 200/18-101.1 new)
    (Section scheduled to be repealed on January 1, 2003)
    Sec. 18-101.1.  Short title.  This Division  2.1  may  be
cited as the Cook County Truth in Taxation Law.

    (35 ILCS 200/18-101.5 new)
    (Section scheduled to be repealed on January 1, 2003)
    Sec.  18-101.5.   Definitions.   As used in this Division
2.1:
    "Aggregate levy" or "levy"  means  the  annual  corporate
levy  of the taxing district and those special purpose levies
which are made annually (other than debt service  levies  and
levies  made  for  the  purpose  of  paying amounts due under
public building commission leases).
    "Debt service" means levies made  by  a  taxing  district
pursuant   to   home  rule  authority,  statute,  referendum,
ordinance, resolution, indenture, agreement, or  contract  to
retire  the  principal  or  pay  interest  on  bonds,  notes,
debentures,  or  other  financial  instruments  that evidence
indebtedness.
    "Special purpose levies" include, but are not limited to,
levies made on an annual basis for contributions  to  pension
plans,    unemployment    and   workers'   compensation,   or
self-insurance.
    "Taxing district" means any  unit  of  local  government,
including  a  home  rule  unit, school district, or community
college district with the power to levy taxes on territory in
Cook County.

    (35 ILCS 200/18-101.10 new)
    (Section scheduled to be repealed on January 1, 2003)
    Sec.  18-101.10.  Legislative purpose.   The  purpose  of
this  Division 2.1 is to require taxing districts to disclose
by  publication  and  to  hold  a  public  hearing  on  their
intention to adopt an aggregate levy.

    (35 ILCS 200/18-101.15 new)
    (Section scheduled to be repealed on January 1, 2003)
    Sec. 18-101.15.  Estimate of taxes  to  be  levied.   Not
less than 30 days  before the adoption of its aggregate levy,
the    corporate  authority  of  each  taxing  district shall
determine the amounts of  money, exclusive of any portion  of
that levy attributable to the cost of  conducting an election
required  by  the Election Code ("election costs"), estimated
to be necessary to be raised by  taxation for that year  upon
the taxable property in its taxing district.

    (35 ILCS 200/18-101.20 new)
    (Section scheduled to be repealed on January 1, 2003)
    Sec.  18-101.20.   Restriction  on  extension.  Until the
taxing district has complied  with  the  notice  and  hearing
provisions  of  this  Division  2.1, no taxing district shall
levy an amount of ad  valorem  tax  that  is  more  than  the
amount,  exclusive  of election costs, that has been extended
or is estimated will be extended, plus any amount  abated  by
the   taxing   district  before  extension,  upon  the  final
aggregate levy of the preceding year.

    (35 ILCS 200/18-101.25 new)
    (Section scheduled to be repealed on January 1, 2003)
    Sec.  18-101.25.  Intent  to  adopt  an  aggregate  levy;
hearing required.  Upon making the estimate  as  provided  in
Section  18-101.15,  the  corporate  authority  shall  hold a
hearing on its intent to adopt an aggregate levy.  Except  as
otherwise  provided  in  this Section, hearings shall be held
according to the following schedule.
         (1)  First Monday in December:  Park  districts  and
    municipalities.
         (2)  First  Tuesday  in  December:  Townships,  road
    districts,  and  all  school districts except high school
    districts.
         (3)  First  Wednesday  in  December:   High   school
    districts and libraries.
         (4)  First Thursday in December: Counties and forest
    preserve districts.
         (5)  First  Friday  in  December:  All  other taxing
    districts.
    All hearings shall be open to the public.  The  corporate
authority  of  the  taxing district shall explain the reasons
for the levy and  any  proposed  increase  and  shall  permit
persons  desiring  to  be  heard  an  opportunity  to present
testimony within such reasonable  time  limits  as  it  shall
determine.    The hearing shall not coincide with the hearing
on  the  proposed  budget.   The  corporate  authority   may,
however, conduct any other business of the taxing district on
the  same  day.   Failure  of a taxing district to convene or
complete a public hearing  on  the  day  prescribed  in  this
Section   due   to  good  cause  unrelated  to  inadvertence,
including, but  not  limited  to,  physical  perils  such  as
natural  disasters  or  acts  of  God, shall not constitute a
failure to hold a public hearing under this Division 2.1.  In
this event, a taxing district  may  either  hold  a  separate
public hearing on its proposed tax levy, or place the hearing
on  its  proposed  tax  levy  on  the  agenda  of  the taxing
district's next scheduled meeting.  In either case, a  taxing
district  shall  give  notice  of  the  hearing  pursuant  to
Sections 2.02, 2.03, and 2.04 of the Open Meetings Act.
    For the purpose of permitting the issuance of warrants or
notes  in  anticipation  of  the taxes to be levied, a taxing
district may hold (on any date prior to  the  first  week  in
December) a hearing on its intent to adopt an aggregate levy.
If the estimate of the aggregate levy is more than the amount
extended  or estimated to be extended, plus any amount abated
by the corporate authority prior to the extension,  upon  the
final  aggregate  levy  of  the  preceding year, exclusive of
election costs, notice of this hearing shall be given in  the
same  manner  as provided in this Division 2.1.  This earlier
hearing shall be in addition to,  and  not  instead  of,  the
mandatory   December   hearing,   but  may  be  conducted  in
conjunction with a regular meeting of the taxing district.
    Any taxing district  with  a  fiscal  year  beginning  on
December  1,  for  which  the hearing day requirement of this
Section would conflict with the adoption of its tax levy  and
annual  appropriation ordinance, may hold a public hearing on
its proposed tax  levy  prior  to  and  instead  of  the  day
prescribed  in  this  Section.   This public hearing shall be
restricted to the proposed tax levy, and no other business of
the taxing district shall be discussed or transacted.  Notice
of  the  hearing  shall  be  given  as  provided  in  Section
18-101.35 of this Division 2.1.

    (35 ILCS 200/18-101.30 new)
    (Section scheduled to be repealed on January 1, 2003)
    Sec. 18-101.30. Notice; place  of  publication.   If  the
taxing district is located entirely in one county, the notice
shall  be  published  in  an  English  language  newspaper of
general circulation published in the taxing district,  or  if
there  is no such newspaper, in an English language newspaper
of general circulation published in  the  county  and  having
circulation in the taxing district. If the taxing district is
located  primarily  in  one  county  but extends into smaller
portions of adjoining counties, the notice shall be published
in a newspaper of general circulation published in the taxing
district, or if there is no such newspaper, in a newspaper of
general circulation published in each  county  in  which  any
part  of  the  district  is  located.  If the taxing district
includes all or a large portion of 2 or  more  counties,  the
notice   shall   be  published  in  a  newspaper  of  general
circulation published in each county in which any part of the
district is located.

    (35 ILCS 200/18-101.35 new)
    (Section scheduled to be repealed on January 1, 2003)
    Sec. 18-101.35.  Time and  form  of  notice.  The  notice
shall  appear  not  more  than  14  days nor less than 7 days
before the date of the public hearing. The notice shall be no
less than one-eighth page in size, and the smallest type used
shall be 12 point and shall be enclosed in a black border  no
less  than  one-quarter  inch  wide.  The notice shall not be
placed in that portion of the newspaper where  legal  notices
and  classified  advertisements  appear.  The notice shall be
published in the following form:
    Notice of Proposed Property Tax Levy  for  ...  (commonly
known name of taxing district).
    I.  A  public  hearing to approve a proposed property tax
levy for ... (legal name of the taxing district)...  for  ...
(year)  ...  will be held on ... (date) ... at ... (time) ...
at ... (location).
    Any person desiring to appear at the public  hearing  and
present  testimony  to  the  taxing  district may contact ...
(name, title, address and telephone number of an  appropriate
official).
    II.  The  corporate  and  special  purpose property taxes
extended or abated for ...  (preceding  year)  ...  were  ...
(dollar  amount of the final aggregate levy as extended, plus
the amount abated by the taxing district prior to extension).
    The proposed corporate and special purpose property taxes
to be levied for  ... (current  year)  ...  are  ...  (dollar
amount of the proposed aggregate levy). This represents a ...
(percentage increase or decrease) ... over the previous year.
    III.  The  property  taxes  extended for debt service and
public building commission leases for  ...  (preceding  year)
... were ... (dollar amount).
    The  estimated  property  taxes  to  be  levied  for debt
service  and  public  building  commission  leases  for   ...
(current year) ... are ... (dollar amount). This represents a
...  (percentage  increase or decrease) ... over the previous
year.
    IV.  The total property taxes extended or abated for  ...
(preceding year) ... were ... (dollar amount).
    The  estimated  total property taxes to be levied for ...
(current year) ... are ... (dollar amount).  This  represents
a ... (percentage increase or decrease) ... over the previous
year. Any notice which includes any information not specified
and required by this Article shall be an invalid notice.
    All  hearings shall be open to the public.  The corporate
authority of the taxing district must explain the reasons for
the proposed levy and shall permit  persons  desiring  to  be
heard  an  opportunity to present testimony within reasonable
time limits as the authority determines.

    (35 ILCS 200/18-101.40 new)
    (Section scheduled to be repealed on January 1, 2003)
    Sec. 18-101.40.  Notice if adopted levy exceeds  proposed
levy.    If  the  final  aggregate  tax  levy  resolution  or
ordinance adopted is in excess of the amount of the  proposed
levy  stated in the notice published under Section 18-101.35,
the corporate authority  shall  give  public  notice  of  its
action  within  15  days  of  the adoption of the levy in the
following form:
    Notice of Adopted Property Tax Increase for ... (commonly
known name of taxing district).
    I.  The corporate  and  special  purpose  property  taxes
extended  or  abated  for  ...  (preceding year) ... were ...
(dollar amount of the final aggregate levy as extended).
    The adopted corporate and special purpose property  taxes
to  be  levied  for  ...  (current  year) ... are ... (dollar
amount of the proposed aggregate levy).
    This represents a ... (percentage increase  or  decrease)
... over the previous year.
    II.  The  property  taxes  extended  for debt service and
public building commission leases for  ...  (preceding  year)
... were ... (dollar amount).
    The  estimated  property  taxes  to  be  levied  for debt
service  and  public  building  commission  leases  for   ...
(current year) ... are ... (dollar amount). This represents a
...  (percentage  increase or decrease) ... over the previous
year.
    III.  The total property taxes extended or abated for ...
(preceding year)  ... were ... (dollar amount).
    The estimated total property taxes to be levied  for  ...
(current year) ... are ... (dollar  amount).  This represents
a  ...(percentage increase or decrease) ... over the previous
year.

    (35 ILCS 200/18-101.45 new)
    (Section scheduled to be repealed on January 1, 2003)
    Sec. 18-101.45.  Limitation on extension of county clerk.
The tax levy resolution or ordinance approved in  the  manner
provided  for  in  this  Division 2.1 shall be filed with the
county clerk in the manner and at the time otherwise provided
by law.   No amount upon the  final  aggregate  levy  of  the
preceding   year  shall  be  extended  unless  the  tax  levy
ordinance or resolution is accompanied by a certification  by
the  presiding  officer of the corporate authority certifying
compliance with or inapplicability of the provisions of  this
Division 2.1.

    (35 ILCS 200/18-101.50 new)
    (Section scheduled to be repealed on January 1, 2003)
    Sec.   18-101.50.    Effect  of  Division  2.1.   Nothing
contained in this Division  2.1  shall  serve  to  extend  or
authorize  any tax rate in excess of the maximum permitted by
law nor prevent the reduction of any tax rate.

    (35 ILCS 200/18-101.55 new)
    (Section scheduled to be repealed on January 1, 2003)
    Sec. 18-101.55.  Defective  publication.   A  levy  of  a
taxing  district  shall  not  be  invalidated  for failure to
comply with the  provisions  of  this  Division  2.1  if  the
failure   is  attributable  to  the  newspaper's  failure  to
reproduce the information in  the  notice  accurately  or  to
publish the notice as directed by the taxing district.

    (35 ILCS 200/18-101.60 new)
    (Section scheduled to be repealed on January 1, 2003)
    Sec.  18-101.60.   Extension prohibition.  A county clerk
shall not extend a tax levy imposed  by  a  taxing  district,
other than a home rule unit, based on a rate that exceeds the
rate  authorized  by  statute  or  referendum for that taxing
district.  If a taxing district is in  violation  of  Section
18-101.45,  the  county  clerk  shall  not  extend  the final
aggregate levy in an amount  more  than  the  aggregate  levy
extended for the preceding year.

    (35 ILCS 200/18-101.65 new)
    Sec.  101.65.   Repeal.   This  Division  2.1 is repealed
January 1, 2003.
    Section 900.  The State Mandates Act is amended by adding
Section 8.23 as follows:

    (30 ILCS 805/8.23 new)
    Sec. 8.23. Exempt mandate.   Notwithstanding  Sections  6
and  8 of this Act, no reimbursement by the State is required
for  the  implementation  of  any  mandate  created  by  this
amendatory Act of the 91st General Assembly.

    Section 999.  Effective date.  This Act takes  effect  on
January 1, 2000.

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