Illinois 2023-2024 Regular Session

Illinois House Bill HB2275 Compare Versions

Only one version of the bill is available at this time.
OldNewDifferences
11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2275 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-213 35 ILCS 200/18-214 35 ILCS 200/18-242 new Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, for levy years 2024 through 2034, the term "taxing district" means all taxing districts in the State, including home rule units. Provides that, for levy years 2024 through 2034, the extension limitation is 0% or the rate of increase approved by the voters. Limits home rule powers. Effective immediately. LRB103 25187 HLH 51526 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2275 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED: 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-213 35 ILCS 200/18-214 35 ILCS 200/18-242 new 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-213 35 ILCS 200/18-214 35 ILCS 200/18-242 new Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, for levy years 2024 through 2034, the term "taxing district" means all taxing districts in the State, including home rule units. Provides that, for levy years 2024 through 2034, the extension limitation is 0% or the rate of increase approved by the voters. Limits home rule powers. Effective immediately. LRB103 25187 HLH 51526 b LRB103 25187 HLH 51526 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2275 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
33 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-213 35 ILCS 200/18-214 35 ILCS 200/18-242 new 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-213 35 ILCS 200/18-214 35 ILCS 200/18-242 new
44 35 ILCS 200/18-185
55 35 ILCS 200/18-205
66 35 ILCS 200/18-213
77 35 ILCS 200/18-214
88 35 ILCS 200/18-242 new
99 Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, for levy years 2024 through 2034, the term "taxing district" means all taxing districts in the State, including home rule units. Provides that, for levy years 2024 through 2034, the extension limitation is 0% or the rate of increase approved by the voters. Limits home rule powers. Effective immediately.
1010 LRB103 25187 HLH 51526 b LRB103 25187 HLH 51526 b
1111 LRB103 25187 HLH 51526 b
1212 A BILL FOR
1313 HB2275LRB103 25187 HLH 51526 b HB2275 LRB103 25187 HLH 51526 b
1414 HB2275 LRB103 25187 HLH 51526 b
1515 1 AN ACT concerning revenue.
1616 2 Be it enacted by the People of the State of Illinois,
1717 3 represented in the General Assembly:
1818 4 Section 5. The Property Tax Code is amended by changing
1919 5 Sections 18-185, 18-205, 18-213, and 18-214 and by adding
2020 6 Section 18-242 as follows:
2121 7 (35 ILCS 200/18-185)
2222 8 Sec. 18-185. Short title; definitions. This Division 5
2323 9 may be cited as the Property Tax Extension Limitation Law. As
2424 10 used in this Division 5:
2525 11 "Consumer Price Index" means the Consumer Price Index for
2626 12 All Urban Consumers for all items published by the United
2727 13 States Department of Labor.
2828 14 "Extension limitation" means, for levy years other than
2929 15 levy years 2024 through 2034, (a) the lesser of 5% or the
3030 16 percentage increase in the Consumer Price Index during the
3131 17 12-month calendar year preceding the levy year or (b) the rate
3232 18 of increase approved by voters under Section 18-205. For levy
3333 19 years 2024 through 2034, "extension limitation" means the
3434 20 greater of 0% or the rate of increase approved by the voters
3535 21 under Section 18-205.
3636 22 "Affected county" means a county of 3,000,000 or more
3737 23 inhabitants or a county contiguous to a county of 3,000,000 or
3838
3939
4040
4141 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 HB2275 Introduced , by Rep. Mary E. Flowers SYNOPSIS AS INTRODUCED:
4242 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-213 35 ILCS 200/18-214 35 ILCS 200/18-242 new 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-213 35 ILCS 200/18-214 35 ILCS 200/18-242 new
4343 35 ILCS 200/18-185
4444 35 ILCS 200/18-205
4545 35 ILCS 200/18-213
4646 35 ILCS 200/18-214
4747 35 ILCS 200/18-242 new
4848 Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, for levy years 2024 through 2034, the term "taxing district" means all taxing districts in the State, including home rule units. Provides that, for levy years 2024 through 2034, the extension limitation is 0% or the rate of increase approved by the voters. Limits home rule powers. Effective immediately.
4949 LRB103 25187 HLH 51526 b LRB103 25187 HLH 51526 b
5050 LRB103 25187 HLH 51526 b
5151 A BILL FOR
5252
5353
5454
5555
5656
5757 35 ILCS 200/18-185
5858 35 ILCS 200/18-205
5959 35 ILCS 200/18-213
6060 35 ILCS 200/18-214
6161 35 ILCS 200/18-242 new
6262
6363
6464
6565 LRB103 25187 HLH 51526 b
6666
6767
6868
6969
7070
7171
7272
7373
7474
7575 HB2275 LRB103 25187 HLH 51526 b
7676
7777
7878 HB2275- 2 -LRB103 25187 HLH 51526 b HB2275 - 2 - LRB103 25187 HLH 51526 b
7979 HB2275 - 2 - LRB103 25187 HLH 51526 b
8080 1 more inhabitants.
8181 2 "Taxing district" has the same meaning provided in Section
8282 3 1-150, except as otherwise provided in this Section. For the
8383 4 1991 through 1994 levy years only, "taxing district" includes
8484 5 only each non-home rule taxing district having the majority of
8585 6 its 1990 equalized assessed value within any county or
8686 7 counties contiguous to a county with 3,000,000 or more
8787 8 inhabitants. Beginning with the 1995 levy year, "taxing
8888 9 district" includes only each non-home rule taxing district
8989 10 subject to this Law before the 1995 levy year and each non-home
9090 11 rule taxing district not subject to this Law before the 1995
9191 12 levy year having the majority of its 1994 equalized assessed
9292 13 value in an affected county or counties. Beginning with the
9393 14 levy year in which this Law becomes applicable to a taxing
9494 15 district as provided in Section 18-213, "taxing district" also
9595 16 includes those taxing districts made subject to this Law as
9696 17 provided in Section 18-213. For levy years 2024 through 2034,
9797 18 "taxing district" has the same meaning provided in Section
9898 19 1-150 and includes home rule units.
9999 20 "Aggregate extension" for taxing districts to which this
100100 21 Law applied before the 1995 levy year means the annual
101101 22 corporate extension for the taxing district and those special
102102 23 purpose extensions that are made annually for the taxing
103103 24 district, excluding special purpose extensions: (a) made for
104104 25 the taxing district to pay interest or principal on general
105105 26 obligation bonds that were approved by referendum; (b) made
106106
107107
108108
109109
110110
111111 HB2275 - 2 - LRB103 25187 HLH 51526 b
112112
113113
114114 HB2275- 3 -LRB103 25187 HLH 51526 b HB2275 - 3 - LRB103 25187 HLH 51526 b
115115 HB2275 - 3 - LRB103 25187 HLH 51526 b
116116 1 for any taxing district to pay interest or principal on
117117 2 general obligation bonds issued before October 1, 1991; (c)
118118 3 made for any taxing district to pay interest or principal on
119119 4 bonds issued to refund or continue to refund those bonds
120120 5 issued before October 1, 1991; (d) made for any taxing
121121 6 district to pay interest or principal on bonds issued to
122122 7 refund or continue to refund bonds issued after October 1,
123123 8 1991 that were approved by referendum; (e) made for any taxing
124124 9 district to pay interest or principal on revenue bonds issued
125125 10 before October 1, 1991 for payment of which a property tax levy
126126 11 or the full faith and credit of the unit of local government is
127127 12 pledged; however, a tax for the payment of interest or
128128 13 principal on those bonds shall be made only after the
129129 14 governing body of the unit of local government finds that all
130130 15 other sources for payment are insufficient to make those
131131 16 payments; (f) made for payments under a building commission
132132 17 lease when the lease payments are for the retirement of bonds
133133 18 issued by the commission before October 1, 1991, to pay for the
134134 19 building project; (g) made for payments due under installment
135135 20 contracts entered into before October 1, 1991; (h) made for
136136 21 payments of principal and interest on bonds issued under the
137137 22 Metropolitan Water Reclamation District Act to finance
138138 23 construction projects initiated before October 1, 1991; (i)
139139 24 made for payments of principal and interest on limited bonds,
140140 25 as defined in Section 3 of the Local Government Debt Reform
141141 26 Act, in an amount not to exceed the debt service extension base
142142
143143
144144
145145
146146
147147 HB2275 - 3 - LRB103 25187 HLH 51526 b
148148
149149
150150 HB2275- 4 -LRB103 25187 HLH 51526 b HB2275 - 4 - LRB103 25187 HLH 51526 b
151151 HB2275 - 4 - LRB103 25187 HLH 51526 b
152152 1 less the amount in items (b), (c), (e), and (h) of this
153153 2 definition for non-referendum obligations, except obligations
154154 3 initially issued pursuant to referendum; (j) made for payments
155155 4 of principal and interest on bonds issued under Section 15 of
156156 5 the Local Government Debt Reform Act; (k) made by a school
157157 6 district that participates in the Special Education District
158158 7 of Lake County, created by special education joint agreement
159159 8 under Section 10-22.31 of the School Code, for payment of the
160160 9 school district's share of the amounts required to be
161161 10 contributed by the Special Education District of Lake County
162162 11 to the Illinois Municipal Retirement Fund under Article 7 of
163163 12 the Illinois Pension Code; the amount of any extension under
164164 13 this item (k) shall be certified by the school district to the
165165 14 county clerk; (l) made to fund expenses of providing joint
166166 15 recreational programs for persons with disabilities under
167167 16 Section 5-8 of the Park District Code or Section 11-95-14 of
168168 17 the Illinois Municipal Code; (m) made for temporary relocation
169169 18 loan repayment purposes pursuant to Sections 2-3.77 and
170170 19 17-2.2d of the School Code; (n) made for payment of principal
171171 20 and interest on any bonds issued under the authority of
172172 21 Section 17-2.2d of the School Code; (o) made for contributions
173173 22 to a firefighter's pension fund created under Article 4 of the
174174 23 Illinois Pension Code, to the extent of the amount certified
175175 24 under item (5) of Section 4-134 of the Illinois Pension Code;
176176 25 and (p) made for road purposes in the first year after a
177177 26 township assumes the rights, powers, duties, assets, property,
178178
179179
180180
181181
182182
183183 HB2275 - 4 - LRB103 25187 HLH 51526 b
184184
185185
186186 HB2275- 5 -LRB103 25187 HLH 51526 b HB2275 - 5 - LRB103 25187 HLH 51526 b
187187 HB2275 - 5 - LRB103 25187 HLH 51526 b
188188 1 liabilities, obligations, and responsibilities of a road
189189 2 district abolished under the provisions of Section 6-133 of
190190 3 the Illinois Highway Code.
191191 4 "Aggregate extension" for the taxing districts to which
192192 5 this Law did not apply before the 1995 levy year (except taxing
193193 6 districts subject to this Law in accordance with Section
194194 7 18-213) means the annual corporate extension for the taxing
195195 8 district and those special purpose extensions that are made
196196 9 annually for the taxing district, excluding special purpose
197197 10 extensions: (a) made for the taxing district to pay interest
198198 11 or principal on general obligation bonds that were approved by
199199 12 referendum; (b) made for any taxing district to pay interest
200200 13 or principal on general obligation bonds issued before March
201201 14 1, 1995; (c) made for any taxing district to pay interest or
202202 15 principal on bonds issued to refund or continue to refund
203203 16 those bonds issued before March 1, 1995; (d) made for any
204204 17 taxing district to pay interest or principal on bonds issued
205205 18 to refund or continue to refund bonds issued after March 1,
206206 19 1995 that were approved by referendum; (e) made for any taxing
207207 20 district to pay interest or principal on revenue bonds issued
208208 21 before March 1, 1995 for payment of which a property tax levy
209209 22 or the full faith and credit of the unit of local government is
210210 23 pledged; however, a tax for the payment of interest or
211211 24 principal on those bonds shall be made only after the
212212 25 governing body of the unit of local government finds that all
213213 26 other sources for payment are insufficient to make those
214214
215215
216216
217217
218218
219219 HB2275 - 5 - LRB103 25187 HLH 51526 b
220220
221221
222222 HB2275- 6 -LRB103 25187 HLH 51526 b HB2275 - 6 - LRB103 25187 HLH 51526 b
223223 HB2275 - 6 - LRB103 25187 HLH 51526 b
224224 1 payments; (f) made for payments under a building commission
225225 2 lease when the lease payments are for the retirement of bonds
226226 3 issued by the commission before March 1, 1995 to pay for the
227227 4 building project; (g) made for payments due under installment
228228 5 contracts entered into before March 1, 1995; (h) made for
229229 6 payments of principal and interest on bonds issued under the
230230 7 Metropolitan Water Reclamation District Act to finance
231231 8 construction projects initiated before October 1, 1991; (h-4)
232232 9 made for stormwater management purposes by the Metropolitan
233233 10 Water Reclamation District of Greater Chicago under Section 12
234234 11 of the Metropolitan Water Reclamation District Act; (h-8) made
235235 12 for payments of principal and interest on bonds issued under
236236 13 Section 9.6a of the Metropolitan Water Reclamation District
237237 14 Act to make contributions to the pension fund established
238238 15 under Article 13 of the Illinois Pension Code; (i) made for
239239 16 payments of principal and interest on limited bonds, as
240240 17 defined in Section 3 of the Local Government Debt Reform Act,
241241 18 in an amount not to exceed the debt service extension base less
242242 19 the amount in items (b), (c), and (e) of this definition for
243243 20 non-referendum obligations, except obligations initially
244244 21 issued pursuant to referendum and bonds described in
245245 22 subsections (h) and (h-8) of this definition; (j) made for
246246 23 payments of principal and interest on bonds issued under
247247 24 Section 15 of the Local Government Debt Reform Act; (k) made
248248 25 for payments of principal and interest on bonds authorized by
249249 26 Public Act 88-503 and issued under Section 20a of the Chicago
250250
251251
252252
253253
254254
255255 HB2275 - 6 - LRB103 25187 HLH 51526 b
256256
257257
258258 HB2275- 7 -LRB103 25187 HLH 51526 b HB2275 - 7 - LRB103 25187 HLH 51526 b
259259 HB2275 - 7 - LRB103 25187 HLH 51526 b
260260 1 Park District Act for aquarium or museum projects and bonds
261261 2 issued under Section 20a of the Chicago Park District Act for
262262 3 the purpose of making contributions to the pension fund
263263 4 established under Article 12 of the Illinois Pension Code; (l)
264264 5 made for payments of principal and interest on bonds
265265 6 authorized by Public Act 87-1191 or 93-601 and (i) issued
266266 7 pursuant to Section 21.2 of the Cook County Forest Preserve
267267 8 District Act, (ii) issued under Section 42 of the Cook County
268268 9 Forest Preserve District Act for zoological park projects, or
269269 10 (iii) issued under Section 44.1 of the Cook County Forest
270270 11 Preserve District Act for botanical gardens projects; (m) made
271271 12 pursuant to Section 34-53.5 of the School Code, whether levied
272272 13 annually or not; (n) made to fund expenses of providing joint
273273 14 recreational programs for persons with disabilities under
274274 15 Section 5-8 of the Park District Code or Section 11-95-14 of
275275 16 the Illinois Municipal Code; (o) made by the Chicago Park
276276 17 District for recreational programs for persons with
277277 18 disabilities under subsection (c) of Section 7.06 of the
278278 19 Chicago Park District Act; (p) made for contributions to a
279279 20 firefighter's pension fund created under Article 4 of the
280280 21 Illinois Pension Code, to the extent of the amount certified
281281 22 under item (5) of Section 4-134 of the Illinois Pension Code;
282282 23 (q) made by Ford Heights School District 169 under Section
283283 24 17-9.02 of the School Code; and (r) made for the purpose of
284284 25 making employer contributions to the Public School Teachers'
285285 26 Pension and Retirement Fund of Chicago under Section 34-53 of
286286
287287
288288
289289
290290
291291 HB2275 - 7 - LRB103 25187 HLH 51526 b
292292
293293
294294 HB2275- 8 -LRB103 25187 HLH 51526 b HB2275 - 8 - LRB103 25187 HLH 51526 b
295295 HB2275 - 8 - LRB103 25187 HLH 51526 b
296296 1 the School Code.
297297 2 "Aggregate extension" for all taxing districts to which
298298 3 this Law applies in accordance with Section 18-213, except for
299299 4 those taxing districts subject to paragraph (2) of subsection
300300 5 (e) of Section 18-213, means the annual corporate extension
301301 6 for the taxing district and those special purpose extensions
302302 7 that are made annually for the taxing district, excluding
303303 8 special purpose extensions: (a) made for the taxing district
304304 9 to pay interest or principal on general obligation bonds that
305305 10 were approved by referendum; (b) made for any taxing district
306306 11 to pay interest or principal on general obligation bonds
307307 12 issued before the date on which the referendum making this Law
308308 13 applicable to the taxing district is held; (c) made for any
309309 14 taxing district to pay interest or principal on bonds issued
310310 15 to refund or continue to refund those bonds issued before the
311311 16 date on which the referendum making this Law applicable to the
312312 17 taxing district is held; (d) made for any taxing district to
313313 18 pay interest or principal on bonds issued to refund or
314314 19 continue to refund bonds issued after the date on which the
315315 20 referendum making this Law applicable to the taxing district
316316 21 is held if the bonds were approved by referendum after the date
317317 22 on which the referendum making this Law applicable to the
318318 23 taxing district is held; (e) made for any taxing district to
319319 24 pay interest or principal on revenue bonds issued before the
320320 25 date on which the referendum making this Law applicable to the
321321 26 taxing district is held for payment of which a property tax
322322
323323
324324
325325
326326
327327 HB2275 - 8 - LRB103 25187 HLH 51526 b
328328
329329
330330 HB2275- 9 -LRB103 25187 HLH 51526 b HB2275 - 9 - LRB103 25187 HLH 51526 b
331331 HB2275 - 9 - LRB103 25187 HLH 51526 b
332332 1 levy or the full faith and credit of the unit of local
333333 2 government is pledged; however, a tax for the payment of
334334 3 interest or principal on those bonds shall be made only after
335335 4 the governing body of the unit of local government finds that
336336 5 all other sources for payment are insufficient to make those
337337 6 payments; (f) made for payments under a building commission
338338 7 lease when the lease payments are for the retirement of bonds
339339 8 issued by the commission before the date on which the
340340 9 referendum making this Law applicable to the taxing district
341341 10 is held to pay for the building project; (g) made for payments
342342 11 due under installment contracts entered into before the date
343343 12 on which the referendum making this Law applicable to the
344344 13 taxing district is held; (h) made for payments of principal
345345 14 and interest on limited bonds, as defined in Section 3 of the
346346 15 Local Government Debt Reform Act, in an amount not to exceed
347347 16 the debt service extension base less the amount in items (b),
348348 17 (c), and (e) of this definition for non-referendum
349349 18 obligations, except obligations initially issued pursuant to
350350 19 referendum; (i) made for payments of principal and interest on
351351 20 bonds issued under Section 15 of the Local Government Debt
352352 21 Reform Act; (j) made for a qualified airport authority to pay
353353 22 interest or principal on general obligation bonds issued for
354354 23 the purpose of paying obligations due under, or financing
355355 24 airport facilities required to be acquired, constructed,
356356 25 installed or equipped pursuant to, contracts entered into
357357 26 before March 1, 1996 (but not including any amendments to such
358358
359359
360360
361361
362362
363363 HB2275 - 9 - LRB103 25187 HLH 51526 b
364364
365365
366366 HB2275- 10 -LRB103 25187 HLH 51526 b HB2275 - 10 - LRB103 25187 HLH 51526 b
367367 HB2275 - 10 - LRB103 25187 HLH 51526 b
368368 1 a contract taking effect on or after that date); (k) made to
369369 2 fund expenses of providing joint recreational programs for
370370 3 persons with disabilities under Section 5-8 of the Park
371371 4 District Code or Section 11-95-14 of the Illinois Municipal
372372 5 Code; (l) made for contributions to a firefighter's pension
373373 6 fund created under Article 4 of the Illinois Pension Code, to
374374 7 the extent of the amount certified under item (5) of Section
375375 8 4-134 of the Illinois Pension Code; and (m) made for the taxing
376376 9 district to pay interest or principal on general obligation
377377 10 bonds issued pursuant to Section 19-3.10 of the School Code.
378378 11 "Aggregate extension" for all taxing districts to which
379379 12 this Law applies in accordance with paragraph (2) of
380380 13 subsection (e) of Section 18-213 means the annual corporate
381381 14 extension for the taxing district and those special purpose
382382 15 extensions that are made annually for the taxing district,
383383 16 excluding special purpose extensions: (a) made for the taxing
384384 17 district to pay interest or principal on general obligation
385385 18 bonds that were approved by referendum; (b) made for any
386386 19 taxing district to pay interest or principal on general
387387 20 obligation bonds issued before March 7, 1997 (the effective
388388 21 date of Public Act 89-718); (c) made for any taxing district to
389389 22 pay interest or principal on bonds issued to refund or
390390 23 continue to refund those bonds issued before March 7, 1997
391391 24 (the effective date of Public Act 89-718); (d) made for any
392392 25 taxing district to pay interest or principal on bonds issued
393393 26 to refund or continue to refund bonds issued after March 7,
394394
395395
396396
397397
398398
399399 HB2275 - 10 - LRB103 25187 HLH 51526 b
400400
401401
402402 HB2275- 11 -LRB103 25187 HLH 51526 b HB2275 - 11 - LRB103 25187 HLH 51526 b
403403 HB2275 - 11 - LRB103 25187 HLH 51526 b
404404 1 1997 (the effective date of Public Act 89-718) if the bonds
405405 2 were approved by referendum after March 7, 1997 (the effective
406406 3 date of Public Act 89-718); (e) made for any taxing district to
407407 4 pay interest or principal on revenue bonds issued before March
408408 5 7, 1997 (the effective date of Public Act 89-718) for payment
409409 6 of which a property tax levy or the full faith and credit of
410410 7 the unit of local government is pledged; however, a tax for the
411411 8 payment of interest or principal on those bonds shall be made
412412 9 only after the governing body of the unit of local government
413413 10 finds that all other sources for payment are insufficient to
414414 11 make those payments; (f) made for payments under a building
415415 12 commission lease when the lease payments are for the
416416 13 retirement of bonds issued by the commission before March 7,
417417 14 1997 (the effective date of Public Act 89-718) to pay for the
418418 15 building project; (g) made for payments due under installment
419419 16 contracts entered into before March 7, 1997 (the effective
420420 17 date of Public Act 89-718); (h) made for payments of principal
421421 18 and interest on limited bonds, as defined in Section 3 of the
422422 19 Local Government Debt Reform Act, in an amount not to exceed
423423 20 the debt service extension base less the amount in items (b),
424424 21 (c), and (e) of this definition for non-referendum
425425 22 obligations, except obligations initially issued pursuant to
426426 23 referendum; (i) made for payments of principal and interest on
427427 24 bonds issued under Section 15 of the Local Government Debt
428428 25 Reform Act; (j) made for a qualified airport authority to pay
429429 26 interest or principal on general obligation bonds issued for
430430
431431
432432
433433
434434
435435 HB2275 - 11 - LRB103 25187 HLH 51526 b
436436
437437
438438 HB2275- 12 -LRB103 25187 HLH 51526 b HB2275 - 12 - LRB103 25187 HLH 51526 b
439439 HB2275 - 12 - LRB103 25187 HLH 51526 b
440440 1 the purpose of paying obligations due under, or financing
441441 2 airport facilities required to be acquired, constructed,
442442 3 installed or equipped pursuant to, contracts entered into
443443 4 before March 1, 1996 (but not including any amendments to such
444444 5 a contract taking effect on or after that date); (k) made to
445445 6 fund expenses of providing joint recreational programs for
446446 7 persons with disabilities under Section 5-8 of the Park
447447 8 District Code or Section 11-95-14 of the Illinois Municipal
448448 9 Code; and (l) made for contributions to a firefighter's
449449 10 pension fund created under Article 4 of the Illinois Pension
450450 11 Code, to the extent of the amount certified under item (5) of
451451 12 Section 4-134 of the Illinois Pension Code.
452452 13 "Aggregate extension" means, for taxing districts that
453453 14 became subject to this Law as a result of this amendatory Act
454454 15 of the 103rd General Assembly, the annual corporate extension
455455 16 for the taxing district and those special purpose extensions
456456 17 that are made annually for the taxing district, excluding
457457 18 special purpose extensions made for debt service or for
458458 19 contributions to a pension fund.
459459 20 "Debt service extension base" means an amount equal to
460460 21 that portion of the extension for a taxing district for the
461461 22 1994 levy year, or for those taxing districts subject to this
462462 23 Law in accordance with Section 18-213, except for those
463463 24 subject to paragraph (2) of subsection (e) of Section 18-213,
464464 25 for the levy year in which the referendum making this Law
465465 26 applicable to the taxing district is held, or for those taxing
466466
467467
468468
469469
470470
471471 HB2275 - 12 - LRB103 25187 HLH 51526 b
472472
473473
474474 HB2275- 13 -LRB103 25187 HLH 51526 b HB2275 - 13 - LRB103 25187 HLH 51526 b
475475 HB2275 - 13 - LRB103 25187 HLH 51526 b
476476 1 districts subject to this Law in accordance with paragraph (2)
477477 2 of subsection (e) of Section 18-213 for the 1996 levy year,
478478 3 constituting an extension for payment of principal and
479479 4 interest on bonds issued by the taxing district without
480480 5 referendum, but not including excluded non-referendum bonds.
481481 6 For park districts (i) that were first subject to this Law in
482482 7 1991 or 1995 and (ii) whose extension for the 1994 levy year
483483 8 for the payment of principal and interest on bonds issued by
484484 9 the park district without referendum (but not including
485485 10 excluded non-referendum bonds) was less than 51% of the amount
486486 11 for the 1991 levy year constituting an extension for payment
487487 12 of principal and interest on bonds issued by the park district
488488 13 without referendum (but not including excluded non-referendum
489489 14 bonds), "debt service extension base" means an amount equal to
490490 15 that portion of the extension for the 1991 levy year
491491 16 constituting an extension for payment of principal and
492492 17 interest on bonds issued by the park district without
493493 18 referendum (but not including excluded non-referendum bonds).
494494 19 A debt service extension base established or increased at any
495495 20 time pursuant to any provision of this Law, except Section
496496 21 18-212, shall be increased each year commencing with the later
497497 22 of (i) the 2009 levy year or (ii) the first levy year in which
498498 23 this Law becomes applicable to the taxing district, by the
499499 24 lesser of 5% or the percentage increase in the Consumer Price
500500 25 Index during the 12-month calendar year preceding the levy
501501 26 year. The debt service extension base may be established or
502502
503503
504504
505505
506506
507507 HB2275 - 13 - LRB103 25187 HLH 51526 b
508508
509509
510510 HB2275- 14 -LRB103 25187 HLH 51526 b HB2275 - 14 - LRB103 25187 HLH 51526 b
511511 HB2275 - 14 - LRB103 25187 HLH 51526 b
512512 1 increased as provided under Section 18-212. "Excluded
513513 2 non-referendum bonds" means (i) bonds authorized by Public Act
514514 3 88-503 and issued under Section 20a of the Chicago Park
515515 4 District Act for aquarium and museum projects; (ii) bonds
516516 5 issued under Section 15 of the Local Government Debt Reform
517517 6 Act; or (iii) refunding obligations issued to refund or to
518518 7 continue to refund obligations initially issued pursuant to
519519 8 referendum.
520520 9 "Special purpose extensions" include, but are not limited
521521 10 to, extensions for levies made on an annual basis for
522522 11 unemployment and workers' compensation, self-insurance,
523523 12 contributions to pension plans, and extensions made pursuant
524524 13 to Section 6-601 of the Illinois Highway Code for a road
525525 14 district's permanent road fund whether levied annually or not.
526526 15 The extension for a special service area is not included in the
527527 16 aggregate extension.
528528 17 "Aggregate extension base" means the taxing district's
529529 18 last preceding aggregate extension as adjusted under Sections
530530 19 18-135, 18-215, 18-230, 18-206, and 18-233. Beginning with
531531 20 levy year 2022, for taxing districts that are specified in
532532 21 Section 18-190.7, the taxing district's aggregate extension
533533 22 base shall be calculated as provided in Section 18-190.7. An
534534 23 adjustment under Section 18-135 shall be made for the 2007
535535 24 levy year and all subsequent levy years whenever one or more
536536 25 counties within which a taxing district is located (i) used
537537 26 estimated valuations or rates when extending taxes in the
538538
539539
540540
541541
542542
543543 HB2275 - 14 - LRB103 25187 HLH 51526 b
544544
545545
546546 HB2275- 15 -LRB103 25187 HLH 51526 b HB2275 - 15 - LRB103 25187 HLH 51526 b
547547 HB2275 - 15 - LRB103 25187 HLH 51526 b
548548 1 taxing district for the last preceding levy year that resulted
549549 2 in the over or under extension of taxes, or (ii) increased or
550550 3 decreased the tax extension for the last preceding levy year
551551 4 as required by Section 18-135(c). Whenever an adjustment is
552552 5 required under Section 18-135, the aggregate extension base of
553553 6 the taxing district shall be equal to the amount that the
554554 7 aggregate extension of the taxing district would have been for
555555 8 the last preceding levy year if either or both (i) actual,
556556 9 rather than estimated, valuations or rates had been used to
557557 10 calculate the extension of taxes for the last levy year, or
558558 11 (ii) the tax extension for the last preceding levy year had not
559559 12 been adjusted as required by subsection (c) of Section 18-135.
560560 13 Notwithstanding any other provision of law, for levy year
561561 14 2012, the aggregate extension base for West Northfield School
562562 15 District No. 31 in Cook County shall be $12,654,592.
563563 16 Notwithstanding any other provision of law, for levy year
564564 17 2022, the aggregate extension base of a home equity assurance
565565 18 program that levied at least $1,000,000 in property taxes in
566566 19 levy year 2019 or 2020 under the Home Equity Assurance Act
567567 20 shall be the amount that the program's aggregate extension
568568 21 base for levy year 2021 would have been if the program had
569569 22 levied a property tax for levy year 2021.
570570 23 "Levy year" has the same meaning as "year" under Section
571571 24 1-155.
572572 25 "New property" means (i) the assessed value, after final
573573 26 board of review or board of appeals action, of new
574574
575575
576576
577577
578578
579579 HB2275 - 15 - LRB103 25187 HLH 51526 b
580580
581581
582582 HB2275- 16 -LRB103 25187 HLH 51526 b HB2275 - 16 - LRB103 25187 HLH 51526 b
583583 HB2275 - 16 - LRB103 25187 HLH 51526 b
584584 1 improvements or additions to existing improvements on any
585585 2 parcel of real property that increase the assessed value of
586586 3 that real property during the levy year multiplied by the
587587 4 equalization factor issued by the Department under Section
588588 5 17-30, (ii) the assessed value, after final board of review or
589589 6 board of appeals action, of real property not exempt from real
590590 7 estate taxation, which real property was exempt from real
591591 8 estate taxation for any portion of the immediately preceding
592592 9 levy year, multiplied by the equalization factor issued by the
593593 10 Department under Section 17-30, including the assessed value,
594594 11 upon final stabilization of occupancy after new construction
595595 12 is complete, of any real property located within the
596596 13 boundaries of an otherwise or previously exempt military
597597 14 reservation that is intended for residential use and owned by
598598 15 or leased to a private corporation or other entity, (iii) in
599599 16 counties that classify in accordance with Section 4 of Article
600600 17 IX of the Illinois Constitution, an incentive property's
601601 18 additional assessed value resulting from a scheduled increase
602602 19 in the level of assessment as applied to the first year final
603603 20 board of review market value, and (iv) any increase in
604604 21 assessed value due to oil or gas production from an oil or gas
605605 22 well required to be permitted under the Hydraulic Fracturing
606606 23 Regulatory Act that was not produced in or accounted for
607607 24 during the previous levy year. In addition, the county clerk
608608 25 in a county containing a population of 3,000,000 or more shall
609609 26 include in the 1997 recovered tax increment value for any
610610
611611
612612
613613
614614
615615 HB2275 - 16 - LRB103 25187 HLH 51526 b
616616
617617
618618 HB2275- 17 -LRB103 25187 HLH 51526 b HB2275 - 17 - LRB103 25187 HLH 51526 b
619619 HB2275 - 17 - LRB103 25187 HLH 51526 b
620620 1 school district, any recovered tax increment value that was
621621 2 applicable to the 1995 tax year calculations.
622622 3 "Qualified airport authority" means an airport authority
623623 4 organized under the Airport Authorities Act and located in a
624624 5 county bordering on the State of Wisconsin and having a
625625 6 population in excess of 200,000 and not greater than 500,000.
626626 7 "Recovered tax increment value" means, except as otherwise
627627 8 provided in this paragraph, the amount of the current year's
628628 9 equalized assessed value, in the first year after a
629629 10 municipality terminates the designation of an area as a
630630 11 redevelopment project area previously established under the
631631 12 Tax Increment Allocation Redevelopment Act in the Illinois
632632 13 Municipal Code, previously established under the Industrial
633633 14 Jobs Recovery Law in the Illinois Municipal Code, previously
634634 15 established under the Economic Development Project Area Tax
635635 16 Increment Act of 1995, or previously established under the
636636 17 Economic Development Area Tax Increment Allocation Act, of
637637 18 each taxable lot, block, tract, or parcel of real property in
638638 19 the redevelopment project area over and above the initial
639639 20 equalized assessed value of each property in the redevelopment
640640 21 project area. For the taxes which are extended for the 1997
641641 22 levy year, the recovered tax increment value for a non-home
642642 23 rule taxing district that first became subject to this Law for
643643 24 the 1995 levy year because a majority of its 1994 equalized
644644 25 assessed value was in an affected county or counties shall be
645645 26 increased if a municipality terminated the designation of an
646646
647647
648648
649649
650650
651651 HB2275 - 17 - LRB103 25187 HLH 51526 b
652652
653653
654654 HB2275- 18 -LRB103 25187 HLH 51526 b HB2275 - 18 - LRB103 25187 HLH 51526 b
655655 HB2275 - 18 - LRB103 25187 HLH 51526 b
656656 1 area in 1993 as a redevelopment project area previously
657657 2 established under the Tax Increment Allocation Redevelopment
658658 3 Act in the Illinois Municipal Code, previously established
659659 4 under the Industrial Jobs Recovery Law in the Illinois
660660 5 Municipal Code, or previously established under the Economic
661661 6 Development Area Tax Increment Allocation Act, by an amount
662662 7 equal to the 1994 equalized assessed value of each taxable
663663 8 lot, block, tract, or parcel of real property in the
664664 9 redevelopment project area over and above the initial
665665 10 equalized assessed value of each property in the redevelopment
666666 11 project area. In the first year after a municipality removes a
667667 12 taxable lot, block, tract, or parcel of real property from a
668668 13 redevelopment project area established under the Tax Increment
669669 14 Allocation Redevelopment Act in the Illinois Municipal Code,
670670 15 the Industrial Jobs Recovery Law in the Illinois Municipal
671671 16 Code, or the Economic Development Area Tax Increment
672672 17 Allocation Act, "recovered tax increment value" means the
673673 18 amount of the current year's equalized assessed value of each
674674 19 taxable lot, block, tract, or parcel of real property removed
675675 20 from the redevelopment project area over and above the initial
676676 21 equalized assessed value of that real property before removal
677677 22 from the redevelopment project area.
678678 23 Except as otherwise provided in this Section, "limiting
679679 24 rate" means a fraction the numerator of which is the last
680680 25 preceding aggregate extension base times an amount equal to
681681 26 one plus the extension limitation defined in this Section and
682682
683683
684684
685685
686686
687687 HB2275 - 18 - LRB103 25187 HLH 51526 b
688688
689689
690690 HB2275- 19 -LRB103 25187 HLH 51526 b HB2275 - 19 - LRB103 25187 HLH 51526 b
691691 HB2275 - 19 - LRB103 25187 HLH 51526 b
692692 1 the denominator of which is the current year's equalized
693693 2 assessed value of all real property in the territory under the
694694 3 jurisdiction of the taxing district during the prior levy
695695 4 year. For those taxing districts that reduced their aggregate
696696 5 extension for the last preceding levy year, except for school
697697 6 districts that reduced their extension for educational
698698 7 purposes pursuant to Section 18-206, the highest aggregate
699699 8 extension in any of the last 3 preceding levy years shall be
700700 9 used for the purpose of computing the limiting rate. The
701701 10 denominator shall not include new property or the recovered
702702 11 tax increment value. If a new rate, a rate decrease, or a
703703 12 limiting rate increase has been approved at an election held
704704 13 after March 21, 2006, then (i) the otherwise applicable
705705 14 limiting rate shall be increased by the amount of the new rate
706706 15 or shall be reduced by the amount of the rate decrease, as the
707707 16 case may be, or (ii) in the case of a limiting rate increase,
708708 17 the limiting rate shall be equal to the rate set forth in the
709709 18 proposition approved by the voters for each of the years
710710 19 specified in the proposition, after which the limiting rate of
711711 20 the taxing district shall be calculated as otherwise provided.
712712 21 In the case of a taxing district that obtained referendum
713713 22 approval for an increased limiting rate on March 20, 2012, the
714714 23 limiting rate for tax year 2012 shall be the rate that
715715 24 generates the approximate total amount of taxes extendable for
716716 25 that tax year, as set forth in the proposition approved by the
717717 26 voters; this rate shall be the final rate applied by the county
718718
719719
720720
721721
722722
723723 HB2275 - 19 - LRB103 25187 HLH 51526 b
724724
725725
726726 HB2275- 20 -LRB103 25187 HLH 51526 b HB2275 - 20 - LRB103 25187 HLH 51526 b
727727 HB2275 - 20 - LRB103 25187 HLH 51526 b
728728 1 clerk for the aggregate of all capped funds of the district for
729729 2 tax year 2012.
730730 3 (Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21;
731731 4 102-519, eff. 8-20-21; 102-558, eff. 8-20-21; 102-707, eff.
732732 5 4-22-22; 102-813, eff. 5-13-22; 102-895, eff. 5-23-22; revised
733733 6 8-29-22.)
734734 7 (35 ILCS 200/18-205)
735735 8 Sec. 18-205. Referendum to increase the extension
736736 9 limitation.
737737 10 (a) A taxing district is limited to an extension
738738 11 limitation as defined in Section 18-185 of 5% or the
739739 12 percentage increase in the Consumer Price Index during the
740740 13 12-month calendar year preceding the levy year, whichever is
741741 14 less. A taxing district may increase its extension limitation
742742 15 for one or more levy years if that taxing district holds a
743743 16 referendum before the levy date for the first levy year at
744744 17 which a majority of voters voting on the issue approves
745745 18 adoption of a higher extension limitation. Referenda shall be
746746 19 conducted at a regularly scheduled election in accordance with
747747 20 the Election Code.
748748 21 (b) The question shall be presented in substantially the
749749 22 following manner for all elections held after March 21, 2006:
750750 23 Shall the extension limitation under the Property Tax
751751 24 Extension Limitation Law for (insert the legal name,
752752 25 number, if any, and county or counties of the taxing
753753
754754
755755
756756
757757
758758 HB2275 - 20 - LRB103 25187 HLH 51526 b
759759
760760
761761 HB2275- 21 -LRB103 25187 HLH 51526 b HB2275 - 21 - LRB103 25187 HLH 51526 b
762762 HB2275 - 21 - LRB103 25187 HLH 51526 b
763763 1 district and geographic or other common name by which a
764764 2 school or community college district is known and referred
765765 3 to), Illinois, be increased from (applicable extension
766766 4 limitation set forth in Section 18-185) the lesser of 5%
767767 5 or the percentage increase in the Consumer Price Index
768768 6 over the prior levy year to (insert the percentage of the
769769 7 proposed increase)% per year for (insert each levy year
770770 8 for which the increased extension limitation will apply)?
771771 9 (c) The votes must be recorded as "Yes" or "No".
772772 10 If a majority of voters voting on the issue approves the
773773 11 adoption of the increase, the increase shall be applicable for
774774 12 each levy year specified.
775775 13 (d) The ballot for any question submitted pursuant to this
776776 14 Section shall have printed thereon, but not as a part of the
777777 15 question submitted, only the following supplemental
778778 16 information (which shall be supplied to the election authority
779779 17 by the taxing district) in substantially the following form:
780780 18 (1) For the (insert the first levy year for which the
781781 19 increased extension limitation will be applicable) levy
782782 20 year the approximate amount of the additional tax
783783 21 extendable against property containing a single family
784784 22 residence and having a fair market value at the time of the
785785 23 referendum of $100,000 is estimated to be $....
786786 24 (2) Based upon an average annual percentage increase
787787 25 (or decrease) in the market value of such property of ...%
788788 26 (insert percentage equal to the average annual percentage
789789
790790
791791
792792
793793
794794 HB2275 - 21 - LRB103 25187 HLH 51526 b
795795
796796
797797 HB2275- 22 -LRB103 25187 HLH 51526 b HB2275 - 22 - LRB103 25187 HLH 51526 b
798798 HB2275 - 22 - LRB103 25187 HLH 51526 b
799799 1 increase or decrease for the prior 3 levy years, at the
800800 2 time the submission of the question is initiated by the
801801 3 taxing district, in the amount of (A) the equalized
802802 4 assessed value of the taxable property in the taxing
803803 5 district less (B) the new property included in the
804804 6 equalized assessed value), the approximate amount of the
805805 7 additional tax extendable against such property for the
806806 8 ... levy year is estimated to be $... and for the ... levy
807807 9 year is estimated to be $....
808808 10 Paragraph (2) shall be included only if the increased
809809 11 extension limitation will be applicable for more than one year
810810 12 and shall list each levy year for which the increased
811811 13 extension limitation will be applicable. The additional tax
812812 14 shown for each levy year shall be the approximate dollar
813813 15 amount of the increase over the amount of the most recently
814814 16 completed extension at the time the submission of the question
815815 17 is initiated by the taxing district. The approximate amount of
816816 18 the additional tax extendable shown in paragraphs (1) and (2)
817817 19 shall be calculated by multiplying $100,000 (the fair market
818818 20 value of the property without regard to any property tax
819819 21 exemptions) by (i) the percentage level of assessment
820820 22 prescribed for that property by statute, or by ordinance of
821821 23 the county board in counties that classify property for
822822 24 purposes of taxation in accordance with Section 4 of Article
823823 25 IX of the Illinois Constitution; (ii) the most recent final
824824 26 equalization factor certified to the county clerk by the
825825
826826
827827
828828
829829
830830 HB2275 - 22 - LRB103 25187 HLH 51526 b
831831
832832
833833 HB2275- 23 -LRB103 25187 HLH 51526 b HB2275 - 23 - LRB103 25187 HLH 51526 b
834834 HB2275 - 23 - LRB103 25187 HLH 51526 b
835835 1 Department of Revenue at the time the taxing district
836836 2 initiates the submission of the proposition to the electors;
837837 3 (iii) the last known aggregate extension base of the taxing
838838 4 district at the time the submission of the question is
839839 5 initiated by the taxing district; and (iv) the difference
840840 6 between the percentage increase proposed in the question and
841841 7 the otherwise applicable extension limitation under Section
842842 8 18-185 the lesser of 5% or the percentage increase in the
843843 9 Consumer Price Index for the prior levy year (or an estimate of
844844 10 the percentage increase for the prior levy year if the
845845 11 increase is unavailable at the time the submission of the
846846 12 question is initiated by the taxing district); and dividing
847847 13 the result by the last known equalized assessed value of the
848848 14 taxing district at the time the submission of the question is
849849 15 initiated by the taxing district. This amendatory Act of the
850850 16 97th General Assembly is intended to clarify the existing
851851 17 requirements of this Section, and shall not be construed to
852852 18 validate any prior non-compliant referendum language. Any
853853 19 notice required to be published in connection with the
854854 20 submission of the question shall also contain this
855855 21 supplemental information and shall not contain any other
856856 22 supplemental information. Any error, miscalculation, or
857857 23 inaccuracy in computing any amount set forth on the ballot or
858858 24 in the notice that is not deliberate shall not invalidate or
859859 25 affect the validity of any proposition approved. Notice of the
860860 26 referendum shall be published and posted as otherwise required
861861
862862
863863
864864
865865
866866 HB2275 - 23 - LRB103 25187 HLH 51526 b
867867
868868
869869 HB2275- 24 -LRB103 25187 HLH 51526 b HB2275 - 24 - LRB103 25187 HLH 51526 b
870870 HB2275 - 24 - LRB103 25187 HLH 51526 b
871871 1 by law, and the submission of the question shall be initiated
872872 2 as provided by law.
873873 3 (Source: P.A. 97-1087, eff. 8-24-12.)
874874 4 (35 ILCS 200/18-213)
875875 5 Sec. 18-213. Referenda on applicability of the Property
876876 6 Tax Extension Limitation Law.
877877 7 (a) The provisions of this Section do not apply to a taxing
878878 8 district subject to this Law because a majority of its 1990
879879 9 equalized assessed value is in a county or counties contiguous
880880 10 to a county of 3,000,000 or more inhabitants, or because a
881881 11 majority of its 1994 equalized assessed value is in an
882882 12 affected county and the taxing district was not subject to
883883 13 this Law before the 1995 levy year.
884884 14 (b) The county board of a county that is not subject to
885885 15 this Law may, by ordinance or resolution, submit to the voters
886886 16 of the county the question of whether to make all non-home rule
887887 17 taxing districts that have all or a portion of their equalized
888888 18 assessed valuation situated in the county subject to this Law
889889 19 in the manner set forth in this Section.
890890 20 For purposes of this Section only:
891891 21 "Taxing district" has the same meaning provided in Section
892892 22 1-150.
893893 23 "Equalized assessed valuation" means the equalized
894894 24 assessed valuation for a taxing district for the immediately
895895 25 preceding levy year.
896896
897897
898898
899899
900900
901901 HB2275 - 24 - LRB103 25187 HLH 51526 b
902902
903903
904904 HB2275- 25 -LRB103 25187 HLH 51526 b HB2275 - 25 - LRB103 25187 HLH 51526 b
905905 HB2275 - 25 - LRB103 25187 HLH 51526 b
906906 1 (c) The ordinance or resolution shall request the
907907 2 submission of the proposition at any election, except a
908908 3 consolidated primary election, for the purpose of voting for
909909 4 or against making the Property Tax Extension Limitation Law
910910 5 applicable to all non-home rule taxing districts that have all
911911 6 or a portion of their equalized assessed valuation situated in
912912 7 the county.
913913 8 The question shall be placed on a separate ballot and
914914 9 shall be in substantially the following form:
915915 10 Shall the Property Tax Extension Limitation Law (35
916916 11 ILCS 200/18-185 through 18-245), which limits annual
917917 12 property tax extension increases, apply to non-home rule
918918 13 taxing districts with all or a portion of their equalized
919919 14 assessed valuation located in (name of county)?
920920 15 Votes on the question shall be recorded as "yes" or "no".
921921 16 (d) The county clerk shall order the proposition submitted
922922 17 to the electors of the county at the election specified in the
923923 18 ordinance or resolution. If part of the county is under the
924924 19 jurisdiction of a board or boards of election commissioners,
925925 20 the county clerk shall submit a certified copy of the
926926 21 ordinance or resolution to each board of election
927927 22 commissioners, which shall order the proposition submitted to
928928 23 the electors of the taxing district within its jurisdiction at
929929 24 the election specified in the ordinance or resolution.
930930 25 (e) (1) With respect to taxing districts having all of
931931 26 their equalized assessed valuation located in the county,
932932
933933
934934
935935
936936
937937 HB2275 - 25 - LRB103 25187 HLH 51526 b
938938
939939
940940 HB2275- 26 -LRB103 25187 HLH 51526 b HB2275 - 26 - LRB103 25187 HLH 51526 b
941941 HB2275 - 26 - LRB103 25187 HLH 51526 b
942942 1 if a majority of the votes cast on the proposition are in
943943 2 favor of the proposition, then this Law becomes applicable
944944 3 to the taxing district beginning on January 1 of the year
945945 4 following the date of the referendum.
946946 5 (2) With respect to taxing districts that meet all the
947947 6 following conditions this Law shall become applicable to
948948 7 the taxing district beginning on January 1, 1997. The
949949 8 districts to which this paragraph (2) is applicable
950950 9 (A) do not have all of their equalized assessed
951951 10 valuation located in a single county,
952952 11 (B) have equalized assessed valuation in an
953953 12 affected county,
954954 13 (C) meet the condition that each county, other
955955 14 than an affected county, in which any of the equalized
956956 15 assessed valuation of the taxing district is located
957957 16 has held a referendum under this Section at any
958958 17 election, except a consolidated primary election, held
959959 18 prior to the effective date of this amendatory Act of
960960 19 1997, and
961961 20 (D) have a majority of the district's equalized
962962 21 assessed valuation located in one or more counties in
963963 22 each of which the voters have approved a referendum
964964 23 under this Section prior to the effective date of this
965965 24 amendatory Act of 1997. For purposes of this Section,
966966 25 in determining whether a majority of the equalized
967967 26 assessed valuation of the taxing district is located
968968
969969
970970
971971
972972
973973 HB2275 - 26 - LRB103 25187 HLH 51526 b
974974
975975
976976 HB2275- 27 -LRB103 25187 HLH 51526 b HB2275 - 27 - LRB103 25187 HLH 51526 b
977977 HB2275 - 27 - LRB103 25187 HLH 51526 b
978978 1 in one or more counties in which the voters have
979979 2 approved a referendum under this Section, the
980980 3 equalized assessed valuation of the taxing district in
981981 4 any affected county shall be included with the
982982 5 equalized assessed value of the taxing district in
983983 6 counties in which the voters have approved the
984984 7 referendum.
985985 8 (3) With respect to taxing districts that do not have
986986 9 all of their equalized assessed valuation located in a
987987 10 single county and to which paragraph (2) of subsection (e)
988988 11 is not applicable, if each county other than an affected
989989 12 county in which any of the equalized assessed valuation of
990990 13 the taxing district is located has held a referendum under
991991 14 this Section at any election, except a consolidated
992992 15 primary election, held in any year and if a majority of the
993993 16 equalized assessed valuation of the taxing district is
994994 17 located in one or more counties that have each approved a
995995 18 referendum under this Section, then this Law shall become
996996 19 applicable to the taxing district on January 1 of the year
997997 20 following the year in which the last referendum in a
998998 21 county in which the taxing district has any equalized
999999 22 assessed valuation is held. For the purposes of this Law,
10001000 23 the last referendum shall be deemed to be the referendum
10011001 24 making this Law applicable to the taxing district. For
10021002 25 purposes of this Section, in determining whether a
10031003 26 majority of the equalized assessed valuation of the taxing
10041004
10051005
10061006
10071007
10081008
10091009 HB2275 - 27 - LRB103 25187 HLH 51526 b
10101010
10111011
10121012 HB2275- 28 -LRB103 25187 HLH 51526 b HB2275 - 28 - LRB103 25187 HLH 51526 b
10131013 HB2275 - 28 - LRB103 25187 HLH 51526 b
10141014 1 district is located in one or more counties that have
10151015 2 approved a referendum under this Section, the equalized
10161016 3 assessed valuation of the taxing district in any affected
10171017 4 county shall be included with the equalized assessed value
10181018 5 of the taxing district in counties that have approved the
10191019 6 referendum.
10201020 7 (f) Immediately after a referendum is held under this
10211021 8 Section, the county clerk of the county holding the referendum
10221022 9 shall give notice of the referendum having been held and its
10231023 10 results to all taxing districts that have all or a portion of
10241024 11 their equalized assessed valuation located in the county, the
10251025 12 county clerk of any other county in which any of the equalized
10261026 13 assessed valuation of any taxing district is located, and the
10271027 14 Department of Revenue. After the last referendum affecting a
10281028 15 multi-county taxing district is held, the Department of
10291029 16 Revenue shall determine whether the taxing district is subject
10301030 17 to this Law and, if so, shall notify the taxing district and
10311031 18 the county clerks of all of the counties in which a portion of
10321032 19 the equalized assessed valuation of the taxing district is
10331033 20 located that, beginning the following January 1, the taxing
10341034 21 district is subject to this Law. For each taxing district
10351035 22 subject to paragraph (2) of subsection (e) of this Section,
10361036 23 the Department of Revenue shall notify the taxing district and
10371037 24 the county clerks of all of the counties in which a portion of
10381038 25 the equalized assessed valuation of the taxing district is
10391039 26 located that, beginning January 1, 1997, the taxing district
10401040
10411041
10421042
10431043
10441044
10451045 HB2275 - 28 - LRB103 25187 HLH 51526 b
10461046
10471047
10481048 HB2275- 29 -LRB103 25187 HLH 51526 b HB2275 - 29 - LRB103 25187 HLH 51526 b
10491049 HB2275 - 29 - LRB103 25187 HLH 51526 b
10501050 1 is subject to this Law.
10511051 2 (g) Referenda held under this Section shall be conducted
10521052 3 in accordance with the Election Code.
10531053 4 (h) Notwithstanding any other provision of law, no
10541054 5 referenda may be held under this Section that applies to a levy
10551055 6 year beginning on or after January 1, 2024 and beginning prior
10561056 7 to January 1, 2035.
10571057 8 (Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
10581058 9 (35 ILCS 200/18-214)
10591059 10 Sec. 18-214. Referenda on removal of the applicability of
10601060 11 the Property Tax Extension Limitation Law to non-home rule
10611061 12 taxing districts.
10621062 13 (a) The provisions of this Section do not apply to a taxing
10631063 14 district that is subject to this Law because a majority of its
10641064 15 1990 equalized assessed value is in a county or counties
10651065 16 contiguous to a county of 3,000,000 or more inhabitants, or
10661066 17 because a majority of its 1994 equalized assessed value is in
10671067 18 an affected county and the taxing district was not subject to
10681068 19 this Law before the 1995 levy year.
10691069 20 (b) For purposes of this Section only:
10701070 21 "Taxing district" means any non-home rule taxing district
10711071 22 that became subject to this Law under Section 18-213 of this
10721072 23 Law.
10731073 24 "Equalized assessed valuation" means the equalized
10741074 25 assessed valuation for a taxing district for the immediately
10751075
10761076
10771077
10781078
10791079
10801080 HB2275 - 29 - LRB103 25187 HLH 51526 b
10811081
10821082
10831083 HB2275- 30 -LRB103 25187 HLH 51526 b HB2275 - 30 - LRB103 25187 HLH 51526 b
10841084 HB2275 - 30 - LRB103 25187 HLH 51526 b
10851085 1 preceding levy year.
10861086 2 (c) The county board of a county that became subject to
10871087 3 this Law by a referendum approved by the voters of the county
10881088 4 under Section 18-213 may, by ordinance or resolution, in the
10891089 5 manner set forth in this Section, submit to the voters of the
10901090 6 county the question of whether this Law applies to all
10911091 7 non-home rule taxing districts that have all or a portion of
10921092 8 their equalized assessed valuation situated in the county in
10931093 9 the manner set forth in this Section.
10941094 10 (d) The ordinance or resolution shall request the
10951095 11 submission of the proposition at any election, except a
10961096 12 consolidated primary election, for the purpose of voting for
10971097 13 or against the continued application of the Property Tax
10981098 14 Extension Limitation Law to all non-home rule taxing districts
10991099 15 that have all or a portion of their equalized assessed
11001100 16 valuation situated in the county.
11011101 17 The question shall be placed on a separate ballot and
11021102 18 shall be in substantially the following form:
11031103 19 Shall the Property Tax Extension Limitation Law (35
11041104 20 ILCS 200/18-185 through 35 ILCS 200/18-245), which limits
11051105 21 annual property tax extension increases, apply to non-home
11061106 22 rule taxing districts with all or a portion of their
11071107 23 equalized assessed valuation located in (name of county)?
11081108 24 Votes on the question shall be recorded as "yes" or "no".
11091109 25 (e) The county clerk shall order the proposition submitted
11101110 26 to the electors of the county at the election specified in the
11111111
11121112
11131113
11141114
11151115
11161116 HB2275 - 30 - LRB103 25187 HLH 51526 b
11171117
11181118
11191119 HB2275- 31 -LRB103 25187 HLH 51526 b HB2275 - 31 - LRB103 25187 HLH 51526 b
11201120 HB2275 - 31 - LRB103 25187 HLH 51526 b
11211121 1 ordinance or resolution. If part of the county is under the
11221122 2 jurisdiction of a board or boards of election commissioners,
11231123 3 the county clerk shall submit a certified copy of the
11241124 4 ordinance or resolution to each board of election
11251125 5 commissioners, which shall order the proposition submitted to
11261126 6 the electors of the taxing district within its jurisdiction at
11271127 7 the election specified in the ordinance or resolution.
11281128 8 (f) With respect to taxing districts having all of their
11291129 9 equalized assessed valuation located in one county, if a
11301130 10 majority of the votes cast on the proposition are against the
11311131 11 proposition, then this Law shall not apply to the taxing
11321132 12 district beginning on January 1 of the year following the date
11331133 13 of the referendum.
11341134 14 (g) With respect to taxing districts that do not have all
11351135 15 of their equalized assessed valuation located in a single
11361136 16 county, if both of the following conditions are met, then this
11371137 17 Law shall no longer apply to the taxing district beginning on
11381138 18 January 1 of the year following the date of the referendum.
11391139 19 (1) Each county in which the district has any
11401140 20 equalized assessed valuation must either, (i) have held a
11411141 21 referendum under this Section, (ii) be an affected county,
11421142 22 or (iii) have held a referendum under Section 18-213 at
11431143 23 which the voters rejected the proposition at the most
11441144 24 recent election at which the question was on the ballot in
11451145 25 the county.
11461146 26 (2) The majority of the equalized assessed valuation
11471147
11481148
11491149
11501150
11511151
11521152 HB2275 - 31 - LRB103 25187 HLH 51526 b
11531153
11541154
11551155 HB2275- 32 -LRB103 25187 HLH 51526 b HB2275 - 32 - LRB103 25187 HLH 51526 b
11561156 HB2275 - 32 - LRB103 25187 HLH 51526 b
11571157 1 of the taxing district, other than any equalized assessed
11581158 2 valuation in an affected county, is in one or more
11591159 3 counties in which the voters rejected the proposition. For
11601160 4 purposes of this Section, in determining whether a
11611161 5 majority of the equalized assessed valuation of the taxing
11621162 6 district is located in one or more counties in which the
11631163 7 voters have rejected the proposition under this Section,
11641164 8 the equalized assessed valuation of any taxing district in
11651165 9 a county which has held a referendum under Section 18-213
11661166 10 at which the voters rejected that proposition, at the most
11671167 11 recent election at which the question was on the ballot in
11681168 12 the county, will be included with the equalized assessed
11691169 13 value of the taxing district in counties in which the
11701170 14 voters have rejected the referendum held under this
11711171 15 Section.
11721172 16 (h) Immediately after a referendum is held under this
11731173 17 Section, the county clerk of the county holding the referendum
11741174 18 shall give notice of the referendum having been held and its
11751175 19 results to all taxing districts that have all or a portion of
11761176 20 their equalized assessed valuation located in the county, the
11771177 21 county clerk of any other county in which any of the equalized
11781178 22 assessed valuation of any such taxing district is located, and
11791179 23 the Department of Revenue. After the last referendum affecting
11801180 24 a multi-county taxing district is held, the Department of
11811181 25 Revenue shall determine whether the taxing district is no
11821182 26 longer subject to this Law and, if the taxing district is no
11831183
11841184
11851185
11861186
11871187
11881188 HB2275 - 32 - LRB103 25187 HLH 51526 b
11891189
11901190
11911191 HB2275- 33 -LRB103 25187 HLH 51526 b HB2275 - 33 - LRB103 25187 HLH 51526 b
11921192 HB2275 - 33 - LRB103 25187 HLH 51526 b
11931193 1 longer subject to this Law, the Department of Revenue shall
11941194 2 notify the taxing district and the county clerks of all of the
11951195 3 counties in which a portion of the equalized assessed
11961196 4 valuation of the taxing district is located that, beginning on
11971197 5 January 1 of the year following the date of the last
11981198 6 referendum, the taxing district is no longer subject to this
11991199 7 Law.
12001200 8 (i) Notwithstanding any other provision of law, no
12011201 9 referenda may be held under this Section that applies to a levy
12021202 10 year beginning on or after January 1, 2024 and beginning prior
12031203 11 to January 1, 2035.
12041204 12 (Source: P.A. 89-718, eff. 3-7-97.)
12051205 13 (35 ILCS 200/18-242 new)
12061206 14 Sec. 18-242. Home rule. This Division 5 is a limitation,
12071207 15 under subsection (g) of Section 6 of Article VII of the
12081208 16 Illinois Constitution, on the power of home rule units to tax.
12091209 17 Section 99. Effective date. This Act takes effect upon
12101210 18 becoming law.
12111211
12121212
12131213
12141214
12151215
12161216 HB2275 - 33 - LRB103 25187 HLH 51526 b