Illinois 2023-2024 Regular Session

Illinois Senate Bill SB2203 Compare Versions

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11 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2203 Introduced 2/10/2023, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED: 30 ILCS 805/6 from Ch. 85, par. 2206 30 ILCS 805/8 from Ch. 85, par. 2208 30 ILCS 805/9.2 new35 ILCS 5/901 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-207 new 35 ILCS 200/18-212 Amends the State Mandates Act. Provides that any State mandate regarding any subject matter enacted on or after the effective date of the amendatory Act that necessitates additional expenditures from local government revenues shall be void and unenforceable unless the General Assembly makes necessary appropriations and reimbursements to implement that mandate. Provides that the failure of the General Assembly to make necessary appropriations and reimbursements shall relieve the local government of the obligation to implement any State mandate. Makes conforming changes. Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that a taxing district shall reduce its aggregate extension base for the purpose of lowering its limiting rate for future years upon referendum approval initiated by the submission of a petition by the voters of the district. Provides that the extension limitation shall be: (a) the lesser of 5% or the average percentage increase in the Consumer Price Index for the immediately preceding 10 years; or (b) the rate of increase approved by the voters. Amends the Illinois Income Tax Act. Increases distributions into the Local Government Distributive Fund on and after August 1, 2022. Effective immediately. LRB103 25126 HLH 51463 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2203 Introduced 2/10/2023, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED: 30 ILCS 805/6 from Ch. 85, par. 2206 30 ILCS 805/8 from Ch. 85, par. 2208 30 ILCS 805/9.2 new35 ILCS 5/901 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-207 new 35 ILCS 200/18-212 30 ILCS 805/6 from Ch. 85, par. 2206 30 ILCS 805/8 from Ch. 85, par. 2208 30 ILCS 805/9.2 new 35 ILCS 5/901 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-207 new 35 ILCS 200/18-212 Amends the State Mandates Act. Provides that any State mandate regarding any subject matter enacted on or after the effective date of the amendatory Act that necessitates additional expenditures from local government revenues shall be void and unenforceable unless the General Assembly makes necessary appropriations and reimbursements to implement that mandate. Provides that the failure of the General Assembly to make necessary appropriations and reimbursements shall relieve the local government of the obligation to implement any State mandate. Makes conforming changes. Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that a taxing district shall reduce its aggregate extension base for the purpose of lowering its limiting rate for future years upon referendum approval initiated by the submission of a petition by the voters of the district. Provides that the extension limitation shall be: (a) the lesser of 5% or the average percentage increase in the Consumer Price Index for the immediately preceding 10 years; or (b) the rate of increase approved by the voters. Amends the Illinois Income Tax Act. Increases distributions into the Local Government Distributive Fund on and after August 1, 2022. Effective immediately. LRB103 25126 HLH 51463 b LRB103 25126 HLH 51463 b A BILL FOR
22 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2203 Introduced 2/10/2023, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
33 30 ILCS 805/6 from Ch. 85, par. 2206 30 ILCS 805/8 from Ch. 85, par. 2208 30 ILCS 805/9.2 new35 ILCS 5/901 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-207 new 35 ILCS 200/18-212 30 ILCS 805/6 from Ch. 85, par. 2206 30 ILCS 805/8 from Ch. 85, par. 2208 30 ILCS 805/9.2 new 35 ILCS 5/901 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-207 new 35 ILCS 200/18-212
44 30 ILCS 805/6 from Ch. 85, par. 2206
55 30 ILCS 805/8 from Ch. 85, par. 2208
66 30 ILCS 805/9.2 new
77 35 ILCS 5/901
88 35 ILCS 200/18-185
99 35 ILCS 200/18-205
1010 35 ILCS 200/18-207 new
1111 35 ILCS 200/18-212
1212 Amends the State Mandates Act. Provides that any State mandate regarding any subject matter enacted on or after the effective date of the amendatory Act that necessitates additional expenditures from local government revenues shall be void and unenforceable unless the General Assembly makes necessary appropriations and reimbursements to implement that mandate. Provides that the failure of the General Assembly to make necessary appropriations and reimbursements shall relieve the local government of the obligation to implement any State mandate. Makes conforming changes. Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that a taxing district shall reduce its aggregate extension base for the purpose of lowering its limiting rate for future years upon referendum approval initiated by the submission of a petition by the voters of the district. Provides that the extension limitation shall be: (a) the lesser of 5% or the average percentage increase in the Consumer Price Index for the immediately preceding 10 years; or (b) the rate of increase approved by the voters. Amends the Illinois Income Tax Act. Increases distributions into the Local Government Distributive Fund on and after August 1, 2022. Effective immediately.
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1818 1 AN ACT concerning revenue.
1919 2 Be it enacted by the People of the State of Illinois,
2020 3 represented in the General Assembly:
2121 4 Section 5. The State Mandates Act is amended by changing
2222 5 Sections 6 and 8 and by adding Section 9.2 as follows:
2323 6 (30 ILCS 805/6) (from Ch. 85, par. 2206)
2424 7 Sec. 6. State Reimbursement to Local Government For
2525 8 Increased Costs Arising From Certain Mandates. (a) Any
2626 9 increased costs accruing to local governments as a direct
2727 10 result of mandates dealing with the organization and structure
2828 11 of local government or due process mandates, as defined in
2929 12 subsections (c) and (d), respectively, of Section 3 above, are
3030 13 not reimbursable by the State.
3131 14 (b) At least 50%, but not more than 100% of the increase in
3232 15 costs of a local government directly attributable to a service
3333 16 mandate as defined in subsection (f) of Section 3 enacted by
3434 17 the General Assembly or established administratively after the
3535 18 effective date of this Act shall be reimbursed by the State
3636 19 unless there is in existence at the time of such enactment a
3737 20 program of State aid for the service affected by the mandate
3838 21 whereunder the non-local share for any participating local
3939 22 government is 50% or greater and where the increased costs
4040 23 arising under the mandate constitute allowable expenditures
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4444 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB2203 Introduced 2/10/2023, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
4545 30 ILCS 805/6 from Ch. 85, par. 2206 30 ILCS 805/8 from Ch. 85, par. 2208 30 ILCS 805/9.2 new35 ILCS 5/901 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-207 new 35 ILCS 200/18-212 30 ILCS 805/6 from Ch. 85, par. 2206 30 ILCS 805/8 from Ch. 85, par. 2208 30 ILCS 805/9.2 new 35 ILCS 5/901 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-207 new 35 ILCS 200/18-212
4646 30 ILCS 805/6 from Ch. 85, par. 2206
4747 30 ILCS 805/8 from Ch. 85, par. 2208
4848 30 ILCS 805/9.2 new
4949 35 ILCS 5/901
5050 35 ILCS 200/18-185
5151 35 ILCS 200/18-205
5252 35 ILCS 200/18-207 new
5353 35 ILCS 200/18-212
5454 Amends the State Mandates Act. Provides that any State mandate regarding any subject matter enacted on or after the effective date of the amendatory Act that necessitates additional expenditures from local government revenues shall be void and unenforceable unless the General Assembly makes necessary appropriations and reimbursements to implement that mandate. Provides that the failure of the General Assembly to make necessary appropriations and reimbursements shall relieve the local government of the obligation to implement any State mandate. Makes conforming changes. Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that a taxing district shall reduce its aggregate extension base for the purpose of lowering its limiting rate for future years upon referendum approval initiated by the submission of a petition by the voters of the district. Provides that the extension limitation shall be: (a) the lesser of 5% or the average percentage increase in the Consumer Price Index for the immediately preceding 10 years; or (b) the rate of increase approved by the voters. Amends the Illinois Income Tax Act. Increases distributions into the Local Government Distributive Fund on and after August 1, 2022. Effective immediately.
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5757 A BILL FOR
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6464 30 ILCS 805/8 from Ch. 85, par. 2208
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6666 35 ILCS 5/901
6767 35 ILCS 200/18-185
6868 35 ILCS 200/18-205
6969 35 ILCS 200/18-207 new
7070 35 ILCS 200/18-212
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8989 1 under the aid program. Where all or part of the increased costs
9090 2 are met through federal or other external aid, only the net
9191 3 increase to the local government shall be included in the base
9292 4 against which the amount of State reimbursement is to be
9393 5 computed.
9494 6 (c) 100% of the loss in revenue of a local government
9595 7 directly attributable to a mandated classification or
9696 8 exemption of property for purposes of ad valorem real property
9797 9 taxation enacted after the effective date of this Act shall be
9898 10 reimbursed by the State. The loss of revenue does not include
9999 11 potential revenue from property of a type which was not being
100100 12 assessed and taxed on January 1, 1980.
101101 13 (d) Except for a State mandate that affects personnel
102102 14 qualifications for local employees, the salaries and wages of
103103 15 which are financed under a State program, and except as
104104 16 provided in subsection (e) below, any personnel mandate as
105105 17 defined in subsection (h) of Section 3 above enacted by the
106106 18 General Assembly or established administratively after the
107107 19 effective date of this Act shall be reimbursed by the State to
108108 20 the extent of increased costs incurred by local governments
109109 21 directly attributable to such mandate.
110110 22 (e) All of the increased costs of a local government
111111 23 directly attributable to a mandated increase in public
112112 24 employee retirement benefits which is enacted after the
113113 25 effective date of this Act and which has the effect of
114114 26 elevating retirement benefits of local government employees
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125125 1 shall be reimbursed by the State; except that any increased
126126 2 costs of a local government attributable to Public Act 83-152,
127127 3 83-374, 83-375, 83-528, 83-558, 83-661, 83-664, 83-737,
128128 4 83-772, 83-773, 83-780, 83-792, 83-793, 83-802, 83-810,
129129 5 83-812, 83-823, 83-827 or 83-869 are not reimbursable by the
130130 6 State.
131131 7 (f) After the effective date of this Act, any bill filed
132132 8 and any amended bill that creates or enlarges a State mandate
133133 9 of the type specified in subsections (f), (g) and (h) of
134134 10 Section 3, shall have provided and identified for it an
135135 11 appropriation of an amount necessary to provide the
136136 12 reimbursement specified above unless a statement, stating the
137137 13 specific reasons for such exclusion is set out in the bill or
138138 14 amendment as provided in subsection (a) of Section 8.
139139 15 (g) If a local government or combination of local
140140 16 governments has been providing a service at its option which
141141 17 is subsequently mandated by the State, the State shall pay
142142 18 them for the subsequent costs of such program and the local
143143 19 government or governments shall proportionately reduce its or
144144 20 their property tax extensions by the amount that the State
145145 21 payment replaces property tax revenues which were being
146146 22 expended on such service. However, for purposes of calculating
147147 23 a school district's State aid, no district's operating tax
148148 24 rate shall be decreased as a result of reimbursement under
149149 25 this Act.
150150 26 (h) Any increased costs accruing to a local government as
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161161 1 a direct result of the requirements of the Steel Products
162162 2 Procurement Act are not reimbursable by the State.
163163 3 (i) The provisions of subsections (a) through (h) shall
164164 4 apply to State mandates enacted prior to the effective date of
165165 5 this amendatory Act of the 103rd General Assembly. On and
166166 6 after the effective date of this amendatory Act of the 103rd
167167 7 General Assembly, any State mandate enacted regarding any
168168 8 subject matter that necessitates additional expenditures from
169169 9 local government revenues shall be appropriated for and
170170 10 reimbursed as provided under Section 9.2.
171171 11 (Source: P.A. 83-1362.)
172172 12 (30 ILCS 805/8) (from Ch. 85, par. 2208)
173173 13 Sec. 8. Exclusions, reimbursement application, review,
174174 14 appeals, and adjudication.
175175 15 (a) Exclusions: Any of the following circumstances
176176 16 inherent to, or associated with, a mandate shall exclude the
177177 17 State from reimbursement liability under this Act. If the
178178 18 mandate (1) accommodates a request from local governments or
179179 19 organizations thereof; (2) imposes additional duties of a
180180 20 nature which can be carried out by existing staff and
181181 21 procedures at no appreciable net cost increase; (3) creates
182182 22 additional costs but also provides offsetting savings
183183 23 resulting in no aggregate increase in net costs; (4) imposes a
184184 24 cost that is wholly or largely recovered from Federal, State
185185 25 or other external financial aid; (5) imposes additional annual
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196196 1 net costs of less than $1,000 for each of the several local
197197 2 governments affected or less than $50,000, in the aggregate,
198198 3 for all local governments affected.
199199 4 The failure of the General Assembly to make necessary
200200 5 appropriations shall relieve the local government of the
201201 6 obligation to implement any service mandates, tax exemption
202202 7 mandates, and personnel mandates, as specified in Section 6,
203203 8 subsections (b), (c), (d) and (e), unless the exclusion
204204 9 provided for in this Section are explicitly stated in the Act
205205 10 establishing the mandate. In the event that funding is not
206206 11 provided for a State-mandated program by the General Assembly,
207207 12 the local government may implement or continue the program
208208 13 upon approval of its governing body. If the local government
209209 14 approves the program and funding is subsequently provided, the
210210 15 State shall reimburse the local governments only for costs
211211 16 incurred subsequent to the funding.
212212 17 (a-5) The provisions of subsection (a) excluding the State
213213 18 from reimbursement liability under this Act shall not apply to
214214 19 any State mandate enacted on or after the effective date of
215215 20 this amendatory Act of the 103rd General Assembly, and all
216216 21 subsequent State mandates enacted shall be appropriated for
217217 22 and reimbursed as provided under Section 9.2.
218218 23 (b) Reimbursement Estimation and Appropriation Procedure.
219219 24 (1) When a bill is introduced in the General Assembly,
220220 25 the Legislative Reference Bureau, hereafter referred to as
221221 26 the Bureau, shall determine whether such bill may require
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232232 1 reimbursement to local governments pursuant to this Act.
233233 2 The Bureau shall make such determination known in the
234234 3 Legislative Synopsis and Digest.
235235 4 In making the determination required by this
236236 5 subsection (b) the Bureau shall disregard any provision in
237237 6 a bill which would make inoperative the reimbursement
238238 7 requirements of Section 6 above, including an express
239239 8 exclusion of the applicability of this Act, and shall make
240240 9 the determination irrespective of any such provision.
241241 10 (2) Any bill or amended bill which creates or expands
242242 11 a State mandate shall be subject to the provisions of "An
243243 12 Act requiring fiscal notes in relation to certain bills",
244244 13 approved June 4, 1965, as amended. The fiscal notes for
245245 14 such bills or amended bills shall include estimates of the
246246 15 costs to local government and the costs of any
247247 16 reimbursement required under this Act. In the case of
248248 17 bills having a potential fiscal impact on units of local
249249 18 government, the fiscal note shall be prepared by the
250250 19 Department. In the case of bills having a potential fiscal
251251 20 impact on school districts, the fiscal note shall be
252252 21 prepared by the State Superintendent of Education. In the
253253 22 case of bills having a potential fiscal impact on
254254 23 community college districts, the fiscal note shall be
255255 24 prepared by the Illinois Community College Board. Such
256256 25 fiscal note shall accompany the bill that requires State
257257 26 reimbursement and shall be prepared prior to any final
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268268 1 action on such a bill by the assigned committee. However,
269269 2 if a fiscal note is not filed by the appropriate agency
270270 3 within 30 days of introduction of a bill, the bill can be
271271 4 heard in committee and advanced to the order of second
272272 5 reading. The bill shall then remain on second reading
273273 6 until a fiscal note is filed. A bill discharged from
274274 7 committee shall also remain on second reading until a
275275 8 fiscal note is provided by the appropriate agency.
276276 9 (3) The estimate required by paragraph (2) above,
277277 10 shall include the amount estimated to be required during
278278 11 the first fiscal year of a bill's operation in order to
279279 12 reimburse local governments pursuant to Section 6, for
280280 13 costs mandated by such bill. In the event that the
281281 14 effective date of such a bill is not the first day of the
282282 15 fiscal year the estimate shall also include the amount
283283 16 estimated to be required for reimbursement for the next
284284 17 following full fiscal year.
285285 18 (4) For the initial fiscal year, reimbursement funds
286286 19 shall be provided as follows: (i) any statute mandating
287287 20 such costs shall have a companion appropriation bill, and
288288 21 (ii) any executive order mandating such costs shall be
289289 22 accompanied by a bill to appropriate the funds therefor,
290290 23 or, alternatively an appropriation for such funds shall be
291291 24 included in the executive budget for the next following
292292 25 fiscal year.
293293 26 In subsequent fiscal years appropriations for such
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304304 1 costs shall be included in the Governor's budget or
305305 2 supplemental appropriation bills.
306306 3 (c) Reimbursement Application and Disbursement Procedure.
307307 4 (1) For the initial fiscal year during which
308308 5 reimbursement is authorized, each local government, or
309309 6 more than one local government wishing to join in filing a
310310 7 single claim, believing itself to be entitled to
311311 8 reimbursement under this Act shall submit to the
312312 9 Department, State Superintendent of Education or Illinois
313313 10 Community College Board within 60 days of the effective
314314 11 date of the mandate a claim for reimbursement accompanied
315315 12 by its estimate of the increased costs required by the
316316 13 mandate for the balance of the fiscal year. The
317317 14 Department, State Superintendent of Education or Illinois
318318 15 Community College Board shall review such claim and
319319 16 estimate, shall apportion the claim into 3 equal
320320 17 installments and shall direct the Comptroller to pay the
321321 18 installments at equal intervals throughout the remainder
322322 19 of the fiscal year from the funds appropriated for such
323323 20 purposes, provided that the Department, State
324324 21 Superintendent of Education or Illinois Community College
325325 22 Board may (i) audit the records of any local government to
326326 23 verify the actual amount of the mandated cost, and (ii)
327327 24 reduce any claim determined to be excessive or
328328 25 unreasonable.
329329 26 (2) For the subsequent fiscal years, local governments
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340340 1 shall submit claims as specified above on or before
341341 2 October 1 of each year. The Department, State
342342 3 Superintendent of Education or Illinois Community College
343343 4 Board shall apportion the claims into 3 equal installments
344344 5 and shall direct the Comptroller to pay the first
345345 6 installment upon approval of the claims, with subsequent
346346 7 installments to follow on January 1 and March 1, such
347347 8 claims to be paid from funds appropriated therefor,
348348 9 provided that the Department, State Superintendent of
349349 10 Education or Illinois Community College Board (i) may
350350 11 audit the records of any local governments to verify the
351351 12 actual amount of the mandated cost, (ii) may reduce any
352352 13 claim, determined to be excessive or unreasonable, and
353353 14 (iii) shall adjust the payment to correct for any
354354 15 underpayments or overpayments which occurred in the
355355 16 previous fiscal year.
356356 17 (3) Any funds received by a local government pursuant
357357 18 to this Act may be used for any public purpose.
358358 19 If the funds appropriated for reimbursement of the
359359 20 costs of local government resulting from the creation or
360360 21 expansion of a State mandate are less than the total of the
361361 22 approved claims, the amount appropriated shall be prorated
362362 23 among the local governments having approved claims.
363363 24 (d) Appeals and Adjudication.
364364 25 (1) Local governments may appeal determinations made
365365 26 by State agencies acting pursuant to subsection (c) above.
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376376 1 The appeal must be submitted to the State Mandates Board
377377 2 of Review created by Section 9.1 of this Act within 60 days
378378 3 following the date of receipt of the determination being
379379 4 appealed. The appeal must include evidence as to the
380380 5 extent to which the mandate has been carried out in an
381381 6 effective manner and executed without recourse to
382382 7 standards of staffing or expenditure higher than specified
383383 8 in the mandatory statute, if such standards are specified
384384 9 in the statute. The State Mandates Board of Review, after
385385 10 reviewing the evidence submitted to it, may increase or
386386 11 reduce the amount of a reimbursement claim. The decision
387387 12 of the State Mandates Board of Review shall be final
388388 13 subject to judicial review. However, if sufficient funds
389389 14 have not been appropriated, the Department shall notify
390390 15 the General Assembly of such cost, and appropriations for
391391 16 such costs shall be included in a supplemental
392392 17 appropriation bill.
393393 18 (2) A local government may also appeal directly to the
394394 19 State Mandates Board of Review in those situations in
395395 20 which the Department of Commerce and Economic Opportunity
396396 21 does not act upon the local government's application for
397397 22 reimbursement or request for mandate determination
398398 23 submitted under this Act. The appeal must include evidence
399399 24 that the application for reimbursement or request for
400400 25 mandate determination was properly filed and should have
401401 26 been reviewed by the Department.
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412412 1 An appeal may be made to the Board if the Department
413413 2 does not respond to a local government's application for
414414 3 reimbursement or request for mandate determination within
415415 4 120 days after filing the application or request. In no
416416 5 case, however, may an appeal be brought more than one year
417417 6 after the application or request is filed with the
418418 7 Department.
419419 8 (Source: P.A. 94-793, eff. 5-19-06.)
420420 9 (30 ILCS 805/9.2 new)
421421 10 Sec. 9.2. Unfunded State mandates prohibited.
422422 11 Notwithstanding any provision of law to the contrary, any
423423 12 State mandate regarding any subject matter enacted on or after
424424 13 the effective date of this amendatory Act of the 103rd General
425425 14 Assembly that necessitates additional expenditures from local
426426 15 government revenues shall be void and unenforceable unless the
427427 16 General Assembly makes necessary appropriations and
428428 17 reimbursements to implement that mandate. The failure of the
429429 18 General Assembly to make necessary appropriations and
430430 19 reimbursements shall relieve the local government of the
431431 20 obligation to implement any State mandate.
432432 21 Section 10. The Illinois Income Tax Act is amended by
433433 22 changing Section 901 as follows:
434434 23 (35 ILCS 5/901)
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445445 1 Sec. 901. Collection authority.
446446 2 (a) In general. The Department shall collect the taxes
447447 3 imposed by this Act. The Department shall collect certified
448448 4 past due child support amounts under Section 2505-650 of the
449449 5 Department of Revenue Law of the Civil Administrative Code of
450450 6 Illinois. Except as provided in subsections (b), (c), (e),
451451 7 (f), (g), and (h) of this Section, money collected pursuant to
452452 8 subsections (a) and (b) of Section 201 of this Act shall be
453453 9 paid into the General Revenue Fund in the State treasury;
454454 10 money collected pursuant to subsections (c) and (d) of Section
455455 11 201 of this Act shall be paid into the Personal Property Tax
456456 12 Replacement Fund, a special fund in the State Treasury; and
457457 13 money collected under Section 2505-650 of the Department of
458458 14 Revenue Law of the Civil Administrative Code of Illinois shall
459459 15 be paid into the Child Support Enforcement Trust Fund, a
460460 16 special fund outside the State Treasury, or to the State
461461 17 Disbursement Unit established under Section 10-26 of the
462462 18 Illinois Public Aid Code, as directed by the Department of
463463 19 Healthcare and Family Services.
464464 20 (b) Local Government Distributive Fund. Beginning August
465465 21 1, 2017 and continuing through July 31, 2022, the Treasurer
466466 22 shall transfer each month from the General Revenue Fund to the
467467 23 Local Government Distributive Fund an amount equal to the sum
468468 24 of: (i) 6.06% (10% of the ratio of the 3% individual income tax
469469 25 rate prior to 2011 to the 4.95% individual income tax rate
470470 26 after July 1, 2017) of the net revenue realized from the tax
471471
472472
473473
474474
475475
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477477
478478
479479 SB2203- 13 -LRB103 25126 HLH 51463 b SB2203 - 13 - LRB103 25126 HLH 51463 b
480480 SB2203 - 13 - LRB103 25126 HLH 51463 b
481481 1 imposed by subsections (a) and (b) of Section 201 of this Act
482482 2 upon individuals, trusts, and estates during the preceding
483483 3 month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
484484 4 income tax rate prior to 2011 to the 7% corporate income tax
485485 5 rate after July 1, 2017) of the net revenue realized from the
486486 6 tax imposed by subsections (a) and (b) of Section 201 of this
487487 7 Act upon corporations during the preceding month; and (iii)
488488 8 beginning February 1, 2022, 6.06% of the net revenue realized
489489 9 from the tax imposed by subsection (p) of Section 201 of this
490490 10 Act upon electing pass-through entities. From Beginning August
491491 11 1, 2022 through July 31, 2023, the Treasurer shall transfer
492492 12 each month from the General Revenue Fund to the Local
493493 13 Government Distributive Fund an amount equal to the sum of:
494494 14 (i) 6.16% of the net revenue realized from the tax imposed by
495495 15 subsections (a) and (b) of Section 201 of this Act upon
496496 16 individuals, trusts, and estates during the preceding month;
497497 17 (ii) 6.85% of the net revenue realized from the tax imposed by
498498 18 subsections (a) and (b) of Section 201 of this Act upon
499499 19 corporations during the preceding month; and (iii) 6.16% of
500500 20 the net revenue realized from the tax imposed by subsection
501501 21 (p) of Section 201 of this Act upon electing pass-through
502502 22 entities. From August 1, 2023 through July 31, 2024, the
503503 23 Treasurer shall transfer each month from the General Revenue
504504 24 Fund to the Local Government Distributive Fund an amount equal
505505 25 to the sum of: (i) 7% of the net revenue realized from the tax
506506 26 imposed by subsections (a) and (b) of Section 201 of this Act
507507
508508
509509
510510
511511
512512 SB2203 - 13 - LRB103 25126 HLH 51463 b
513513
514514
515515 SB2203- 14 -LRB103 25126 HLH 51463 b SB2203 - 14 - LRB103 25126 HLH 51463 b
516516 SB2203 - 14 - LRB103 25126 HLH 51463 b
517517 1 upon individuals, trusts, and estates during the preceding
518518 2 month; (ii) 8.11% of the net revenue realized from the tax
519519 3 imposed by subsections (a) and (b) of Section 201 of this Act
520520 4 upon corporations during the preceding month; and (iii) 7% of
521521 5 the net revenue realized from the tax imposed by subsection
522522 6 (p) of Section 201 of this Act upon electing pass-through
523523 7 entities. Beginning on August 1, 2024, the Treasurer shall
524524 8 transfer each month from the General Revenue Fund to the Local
525525 9 Government Distributive Fund an amount equal to the sum of:
526526 10 (i) 8% of the net revenue realized from the tax imposed by
527527 11 subsections (a) and (b) of Section 201 of this Act upon
528528 12 individuals, trusts, and estates during the preceding month;
529529 13 (ii) 9.11% of the net revenue realized from the tax imposed by
530530 14 subsections (a) and (b) of Section 201 of this Act upon
531531 15 corporations during the preceding month; and (iii) 8% of the
532532 16 net revenue realized from the tax imposed by subsection (p) of
533533 17 Section 201 of this Act upon electing pass-through entities.
534534 18 Net revenue realized for a month shall be defined as the
535535 19 revenue from the tax imposed by subsections (a) and (b) of
536536 20 Section 201 of this Act which is deposited in the General
537537 21 Revenue Fund, the Education Assistance Fund, the Income Tax
538538 22 Surcharge Local Government Distributive Fund, the Fund for the
539539 23 Advancement of Education, and the Commitment to Human Services
540540 24 Fund during the month minus the amount paid out of the General
541541 25 Revenue Fund in State warrants during that same month as
542542 26 refunds to taxpayers for overpayment of liability under the
543543
544544
545545
546546
547547
548548 SB2203 - 14 - LRB103 25126 HLH 51463 b
549549
550550
551551 SB2203- 15 -LRB103 25126 HLH 51463 b SB2203 - 15 - LRB103 25126 HLH 51463 b
552552 SB2203 - 15 - LRB103 25126 HLH 51463 b
553553 1 tax imposed by subsections (a) and (b) of Section 201 of this
554554 2 Act.
555555 3 Notwithstanding any provision of law to the contrary,
556556 4 beginning on July 6, 2017 (the effective date of Public Act
557557 5 100-23), those amounts required under this subsection (b) to
558558 6 be transferred by the Treasurer into the Local Government
559559 7 Distributive Fund from the General Revenue Fund shall be
560560 8 directly deposited into the Local Government Distributive Fund
561561 9 as the revenue is realized from the tax imposed by subsections
562562 10 (a) and (b) of Section 201 of this Act.
563563 11 (c) Deposits Into Income Tax Refund Fund.
564564 12 (1) Beginning on January 1, 1989 and thereafter, the
565565 13 Department shall deposit a percentage of the amounts
566566 14 collected pursuant to subsections (a) and (b)(1), (2), and
567567 15 (3) of Section 201 of this Act into a fund in the State
568568 16 treasury known as the Income Tax Refund Fund. Beginning
569569 17 with State fiscal year 1990 and for each fiscal year
570570 18 thereafter, the percentage deposited into the Income Tax
571571 19 Refund Fund during a fiscal year shall be the Annual
572572 20 Percentage. For fiscal year 2011, the Annual Percentage
573573 21 shall be 8.75%. For fiscal year 2012, the Annual
574574 22 Percentage shall be 8.75%. For fiscal year 2013, the
575575 23 Annual Percentage shall be 9.75%. For fiscal year 2014,
576576 24 the Annual Percentage shall be 9.5%. For fiscal year 2015,
577577 25 the Annual Percentage shall be 10%. For fiscal year 2018,
578578 26 the Annual Percentage shall be 9.8%. For fiscal year 2019,
579579
580580
581581
582582
583583
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585585
586586
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588588 SB2203 - 16 - LRB103 25126 HLH 51463 b
589589 1 the Annual Percentage shall be 9.7%. For fiscal year 2020,
590590 2 the Annual Percentage shall be 9.5%. For fiscal year 2021,
591591 3 the Annual Percentage shall be 9%. For fiscal year 2022,
592592 4 the Annual Percentage shall be 9.25%. For fiscal year
593593 5 2023, the Annual Percentage shall be 9.25%. For all other
594594 6 fiscal years, the Annual Percentage shall be calculated as
595595 7 a fraction, the numerator of which shall be the amount of
596596 8 refunds approved for payment by the Department during the
597597 9 preceding fiscal year as a result of overpayment of tax
598598 10 liability under subsections (a) and (b)(1), (2), and (3)
599599 11 of Section 201 of this Act plus the amount of such refunds
600600 12 remaining approved but unpaid at the end of the preceding
601601 13 fiscal year, minus the amounts transferred into the Income
602602 14 Tax Refund Fund from the Tobacco Settlement Recovery Fund,
603603 15 and the denominator of which shall be the amounts which
604604 16 will be collected pursuant to subsections (a) and (b)(1),
605605 17 (2), and (3) of Section 201 of this Act during the
606606 18 preceding fiscal year; except that in State fiscal year
607607 19 2002, the Annual Percentage shall in no event exceed 7.6%.
608608 20 The Director of Revenue shall certify the Annual
609609 21 Percentage to the Comptroller on the last business day of
610610 22 the fiscal year immediately preceding the fiscal year for
611611 23 which it is to be effective.
612612 24 (2) Beginning on January 1, 1989 and thereafter, the
613613 25 Department shall deposit a percentage of the amounts
614614 26 collected pursuant to subsections (a) and (b)(6), (7), and
615615
616616
617617
618618
619619
620620 SB2203 - 16 - LRB103 25126 HLH 51463 b
621621
622622
623623 SB2203- 17 -LRB103 25126 HLH 51463 b SB2203 - 17 - LRB103 25126 HLH 51463 b
624624 SB2203 - 17 - LRB103 25126 HLH 51463 b
625625 1 (8), (c) and (d) of Section 201 of this Act into a fund in
626626 2 the State treasury known as the Income Tax Refund Fund.
627627 3 Beginning with State fiscal year 1990 and for each fiscal
628628 4 year thereafter, the percentage deposited into the Income
629629 5 Tax Refund Fund during a fiscal year shall be the Annual
630630 6 Percentage. For fiscal year 2011, the Annual Percentage
631631 7 shall be 17.5%. For fiscal year 2012, the Annual
632632 8 Percentage shall be 17.5%. For fiscal year 2013, the
633633 9 Annual Percentage shall be 14%. For fiscal year 2014, the
634634 10 Annual Percentage shall be 13.4%. For fiscal year 2015,
635635 11 the Annual Percentage shall be 14%. For fiscal year 2018,
636636 12 the Annual Percentage shall be 17.5%. For fiscal year
637637 13 2019, the Annual Percentage shall be 15.5%. For fiscal
638638 14 year 2020, the Annual Percentage shall be 14.25%. For
639639 15 fiscal year 2021, the Annual Percentage shall be 14%. For
640640 16 fiscal year 2022, the Annual Percentage shall be 15%. For
641641 17 fiscal year 2023, the Annual Percentage shall be 14.5%.
642642 18 For all other fiscal years, the Annual Percentage shall be
643643 19 calculated as a fraction, the numerator of which shall be
644644 20 the amount of refunds approved for payment by the
645645 21 Department during the preceding fiscal year as a result of
646646 22 overpayment of tax liability under subsections (a) and
647647 23 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
648648 24 Act plus the amount of such refunds remaining approved but
649649 25 unpaid at the end of the preceding fiscal year, and the
650650 26 denominator of which shall be the amounts which will be
651651
652652
653653
654654
655655
656656 SB2203 - 17 - LRB103 25126 HLH 51463 b
657657
658658
659659 SB2203- 18 -LRB103 25126 HLH 51463 b SB2203 - 18 - LRB103 25126 HLH 51463 b
660660 SB2203 - 18 - LRB103 25126 HLH 51463 b
661661 1 collected pursuant to subsections (a) and (b)(6), (7), and
662662 2 (8), (c) and (d) of Section 201 of this Act during the
663663 3 preceding fiscal year; except that in State fiscal year
664664 4 2002, the Annual Percentage shall in no event exceed 23%.
665665 5 The Director of Revenue shall certify the Annual
666666 6 Percentage to the Comptroller on the last business day of
667667 7 the fiscal year immediately preceding the fiscal year for
668668 8 which it is to be effective.
669669 9 (3) The Comptroller shall order transferred and the
670670 10 Treasurer shall transfer from the Tobacco Settlement
671671 11 Recovery Fund to the Income Tax Refund Fund (i)
672672 12 $35,000,000 in January, 2001, (ii) $35,000,000 in January,
673673 13 2002, and (iii) $35,000,000 in January, 2003.
674674 14 (d) Expenditures from Income Tax Refund Fund.
675675 15 (1) Beginning January 1, 1989, money in the Income Tax
676676 16 Refund Fund shall be expended exclusively for the purpose
677677 17 of paying refunds resulting from overpayment of tax
678678 18 liability under Section 201 of this Act and for making
679679 19 transfers pursuant to this subsection (d), except that in
680680 20 State fiscal years 2022 and 2023, moneys in the Income Tax
681681 21 Refund Fund shall also be used to pay one-time rebate
682682 22 payments as provided under Sections 208.5 and 212.1.
683683 23 (2) The Director shall order payment of refunds
684684 24 resulting from overpayment of tax liability under Section
685685 25 201 of this Act from the Income Tax Refund Fund only to the
686686 26 extent that amounts collected pursuant to Section 201 of
687687
688688
689689
690690
691691
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693693
694694
695695 SB2203- 19 -LRB103 25126 HLH 51463 b SB2203 - 19 - LRB103 25126 HLH 51463 b
696696 SB2203 - 19 - LRB103 25126 HLH 51463 b
697697 1 this Act and transfers pursuant to this subsection (d) and
698698 2 item (3) of subsection (c) have been deposited and
699699 3 retained in the Fund.
700700 4 (3) As soon as possible after the end of each fiscal
701701 5 year, the Director shall order transferred and the State
702702 6 Treasurer and State Comptroller shall transfer from the
703703 7 Income Tax Refund Fund to the Personal Property Tax
704704 8 Replacement Fund an amount, certified by the Director to
705705 9 the Comptroller, equal to the excess of the amount
706706 10 collected pursuant to subsections (c) and (d) of Section
707707 11 201 of this Act deposited into the Income Tax Refund Fund
708708 12 during the fiscal year over the amount of refunds
709709 13 resulting from overpayment of tax liability under
710710 14 subsections (c) and (d) of Section 201 of this Act paid
711711 15 from the Income Tax Refund Fund during the fiscal year.
712712 16 (4) As soon as possible after the end of each fiscal
713713 17 year, the Director shall order transferred and the State
714714 18 Treasurer and State Comptroller shall transfer from the
715715 19 Personal Property Tax Replacement Fund to the Income Tax
716716 20 Refund Fund an amount, certified by the Director to the
717717 21 Comptroller, equal to the excess of the amount of refunds
718718 22 resulting from overpayment of tax liability under
719719 23 subsections (c) and (d) of Section 201 of this Act paid
720720 24 from the Income Tax Refund Fund during the fiscal year
721721 25 over the amount collected pursuant to subsections (c) and
722722 26 (d) of Section 201 of this Act deposited into the Income
723723
724724
725725
726726
727727
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729729
730730
731731 SB2203- 20 -LRB103 25126 HLH 51463 b SB2203 - 20 - LRB103 25126 HLH 51463 b
732732 SB2203 - 20 - LRB103 25126 HLH 51463 b
733733 1 Tax Refund Fund during the fiscal year.
734734 2 (4.5) As soon as possible after the end of fiscal year
735735 3 1999 and of each fiscal year thereafter, the Director
736736 4 shall order transferred and the State Treasurer and State
737737 5 Comptroller shall transfer from the Income Tax Refund Fund
738738 6 to the General Revenue Fund any surplus remaining in the
739739 7 Income Tax Refund Fund as of the end of such fiscal year;
740740 8 excluding for fiscal years 2000, 2001, and 2002 amounts
741741 9 attributable to transfers under item (3) of subsection (c)
742742 10 less refunds resulting from the earned income tax credit,
743743 11 and excluding for fiscal year 2022 amounts attributable to
744744 12 transfers from the General Revenue Fund authorized by
745745 13 Public Act 102-700 this amendatory Act of the 102nd
746746 14 General Assembly.
747747 15 (5) This Act shall constitute an irrevocable and
748748 16 continuing appropriation from the Income Tax Refund Fund
749749 17 for the purposes of (i) paying refunds upon the order of
750750 18 the Director in accordance with the provisions of this
751751 19 Section and (ii) paying one-time rebate payments under
752752 20 Sections 208.5 and 212.1.
753753 21 (e) Deposits into the Education Assistance Fund and the
754754 22 Income Tax Surcharge Local Government Distributive Fund. On
755755 23 July 1, 1991, and thereafter, of the amounts collected
756756 24 pursuant to subsections (a) and (b) of Section 201 of this Act,
757757 25 minus deposits into the Income Tax Refund Fund, the Department
758758 26 shall deposit 7.3% into the Education Assistance Fund in the
759759
760760
761761
762762
763763
764764 SB2203 - 20 - LRB103 25126 HLH 51463 b
765765
766766
767767 SB2203- 21 -LRB103 25126 HLH 51463 b SB2203 - 21 - LRB103 25126 HLH 51463 b
768768 SB2203 - 21 - LRB103 25126 HLH 51463 b
769769 1 State Treasury. Beginning July 1, 1991, and continuing through
770770 2 January 31, 1993, of the amounts collected pursuant to
771771 3 subsections (a) and (b) of Section 201 of the Illinois Income
772772 4 Tax Act, minus deposits into the Income Tax Refund Fund, the
773773 5 Department shall deposit 3.0% into the Income Tax Surcharge
774774 6 Local Government Distributive Fund in the State Treasury.
775775 7 Beginning February 1, 1993 and continuing through June 30,
776776 8 1993, of the amounts collected pursuant to subsections (a) and
777777 9 (b) of Section 201 of the Illinois Income Tax Act, minus
778778 10 deposits into the Income Tax Refund Fund, the Department shall
779779 11 deposit 4.4% into the Income Tax Surcharge Local Government
780780 12 Distributive Fund in the State Treasury. Beginning July 1,
781781 13 1993, and continuing through June 30, 1994, of the amounts
782782 14 collected under subsections (a) and (b) of Section 201 of this
783783 15 Act, minus deposits into the Income Tax Refund Fund, the
784784 16 Department shall deposit 1.475% into the Income Tax Surcharge
785785 17 Local Government Distributive Fund in the State Treasury.
786786 18 (f) Deposits into the Fund for the Advancement of
787787 19 Education. Beginning February 1, 2015, the Department shall
788788 20 deposit the following portions of the revenue realized from
789789 21 the tax imposed upon individuals, trusts, and estates by
790790 22 subsections (a) and (b) of Section 201 of this Act, minus
791791 23 deposits into the Income Tax Refund Fund, into the Fund for the
792792 24 Advancement of Education:
793793 25 (1) beginning February 1, 2015, and prior to February
794794 26 1, 2025, 1/30; and
795795
796796
797797
798798
799799
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801801
802802
803803 SB2203- 22 -LRB103 25126 HLH 51463 b SB2203 - 22 - LRB103 25126 HLH 51463 b
804804 SB2203 - 22 - LRB103 25126 HLH 51463 b
805805 1 (2) beginning February 1, 2025, 1/26.
806806 2 If the rate of tax imposed by subsection (a) and (b) of
807807 3 Section 201 is reduced pursuant to Section 201.5 of this Act,
808808 4 the Department shall not make the deposits required by this
809809 5 subsection (f) on or after the effective date of the
810810 6 reduction.
811811 7 (g) Deposits into the Commitment to Human Services Fund.
812812 8 Beginning February 1, 2015, the Department shall deposit the
813813 9 following portions of the revenue realized from the tax
814814 10 imposed upon individuals, trusts, and estates by subsections
815815 11 (a) and (b) of Section 201 of this Act, minus deposits into the
816816 12 Income Tax Refund Fund, into the Commitment to Human Services
817817 13 Fund:
818818 14 (1) beginning February 1, 2015, and prior to February
819819 15 1, 2025, 1/30; and
820820 16 (2) beginning February 1, 2025, 1/26.
821821 17 If the rate of tax imposed by subsection (a) and (b) of
822822 18 Section 201 is reduced pursuant to Section 201.5 of this Act,
823823 19 the Department shall not make the deposits required by this
824824 20 subsection (g) on or after the effective date of the
825825 21 reduction.
826826 22 (h) Deposits into the Tax Compliance and Administration
827827 23 Fund. Beginning on the first day of the first calendar month to
828828 24 occur on or after August 26, 2014 (the effective date of Public
829829 25 Act 98-1098), each month the Department shall pay into the Tax
830830 26 Compliance and Administration Fund, to be used, subject to
831831
832832
833833
834834
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837837
838838
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840840 SB2203 - 23 - LRB103 25126 HLH 51463 b
841841 1 appropriation, to fund additional auditors and compliance
842842 2 personnel at the Department, an amount equal to 1/12 of 5% of
843843 3 the cash receipts collected during the preceding fiscal year
844844 4 by the Audit Bureau of the Department from the tax imposed by
845845 5 subsections (a), (b), (c), and (d) of Section 201 of this Act,
846846 6 net of deposits into the Income Tax Refund Fund made from those
847847 7 cash receipts.
848848 8 (Source: P.A. 101-8, see Section 99 for effective date;
849849 9 101-10, eff. 6-5-19; 101-81, eff. 7-12-19; 101-636, eff.
850850 10 6-10-20; 102-16, eff. 6-17-21; 102-558, eff. 8-20-21; 102-658,
851851 11 eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff. 4-19-22;
852852 12 102-813, eff. 5-13-22; revised 8-2-22.)
853853 13 Section 15. The Property Tax Code is amended by changing
854854 14 Sections 18-185, 18-205, and 18-212 and by adding Section
855855 15 18-207 as follows:
856856 16 (35 ILCS 200/18-185)
857857 17 Sec. 18-185. Short title; definitions. This Division 5
858858 18 may be cited as the Property Tax Extension Limitation Law. As
859859 19 used in this Division 5:
860860 20 "Consumer Price Index" means the Consumer Price Index for
861861 21 All Urban Consumers for all items published by the United
862862 22 States Department of Labor.
863863 23 "Extension limitation" means, for taxable years prior to
864864 24 2024: (a) the lesser of 5% or the percentage increase in the
865865
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867867
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871871
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875875 1 Consumer Price Index during the 12-month calendar year
876876 2 preceding the levy year; or (b) the rate of increase approved
877877 3 by voters under Section 18-205.
878878 4 "Extension limitation" means, for taxable year 2024 and
879879 5 thereafter: (a) the lesser of 5% or the average percentage
880880 6 increase in the Consumer Price Index for the 10 years
881881 7 immediately preceding the levy year for which the extension
882882 8 limitation is being calculated; or (b) the rate of increase
883883 9 approved by voters under Section 18-205.
884884 10 "Affected county" means a county of 3,000,000 or more
885885 11 inhabitants or a county contiguous to a county of 3,000,000 or
886886 12 more inhabitants.
887887 13 "Taxing district" has the same meaning provided in Section
888888 14 1-150, except as otherwise provided in this Section. For the
889889 15 1991 through 1994 levy years only, "taxing district" includes
890890 16 only each non-home rule taxing district having the majority of
891891 17 its 1990 equalized assessed value within any county or
892892 18 counties contiguous to a county with 3,000,000 or more
893893 19 inhabitants. Beginning with the 1995 levy year, "taxing
894894 20 district" includes only each non-home rule taxing district
895895 21 subject to this Law before the 1995 levy year and each non-home
896896 22 rule taxing district not subject to this Law before the 1995
897897 23 levy year having the majority of its 1994 equalized assessed
898898 24 value in an affected county or counties. Beginning with the
899899 25 levy year in which this Law becomes applicable to a taxing
900900 26 district as provided in Section 18-213, "taxing district" also
901901
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903903
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910910 SB2203 - 25 - LRB103 25126 HLH 51463 b
911911 1 includes those taxing districts made subject to this Law as
912912 2 provided in Section 18-213.
913913 3 "Aggregate extension" for taxing districts to which this
914914 4 Law applied before the 1995 levy year means the annual
915915 5 corporate extension for the taxing district and those special
916916 6 purpose extensions that are made annually for the taxing
917917 7 district, excluding special purpose extensions: (a) made for
918918 8 the taxing district to pay interest or principal on general
919919 9 obligation bonds that were approved by referendum; (b) made
920920 10 for any taxing district to pay interest or principal on
921921 11 general obligation bonds issued before October 1, 1991; (c)
922922 12 made for any taxing district to pay interest or principal on
923923 13 bonds issued to refund or continue to refund those bonds
924924 14 issued before October 1, 1991; (d) made for any taxing
925925 15 district to pay interest or principal on bonds issued to
926926 16 refund or continue to refund bonds issued after October 1,
927927 17 1991 that were approved by referendum; (e) made for any taxing
928928 18 district to pay interest or principal on revenue bonds issued
929929 19 before October 1, 1991 for payment of which a property tax levy
930930 20 or the full faith and credit of the unit of local government is
931931 21 pledged; however, a tax for the payment of interest or
932932 22 principal on those bonds shall be made only after the
933933 23 governing body of the unit of local government finds that all
934934 24 other sources for payment are insufficient to make those
935935 25 payments; (f) made for payments under a building commission
936936 26 lease when the lease payments are for the retirement of bonds
937937
938938
939939
940940
941941
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943943
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947947 1 issued by the commission before October 1, 1991, to pay for the
948948 2 building project; (g) made for payments due under installment
949949 3 contracts entered into before October 1, 1991; (h) made for
950950 4 payments of principal and interest on bonds issued under the
951951 5 Metropolitan Water Reclamation District Act to finance
952952 6 construction projects initiated before October 1, 1991; (i)
953953 7 made for payments of principal and interest on limited bonds,
954954 8 as defined in Section 3 of the Local Government Debt Reform
955955 9 Act, in an amount not to exceed the debt service extension base
956956 10 less the amount in items (b), (c), (e), and (h) of this
957957 11 definition for non-referendum obligations, except obligations
958958 12 initially issued pursuant to referendum; (j) made for payments
959959 13 of principal and interest on bonds issued under Section 15 of
960960 14 the Local Government Debt Reform Act; (k) made by a school
961961 15 district that participates in the Special Education District
962962 16 of Lake County, created by special education joint agreement
963963 17 under Section 10-22.31 of the School Code, for payment of the
964964 18 school district's share of the amounts required to be
965965 19 contributed by the Special Education District of Lake County
966966 20 to the Illinois Municipal Retirement Fund under Article 7 of
967967 21 the Illinois Pension Code; the amount of any extension under
968968 22 this item (k) shall be certified by the school district to the
969969 23 county clerk; (l) made to fund expenses of providing joint
970970 24 recreational programs for persons with disabilities under
971971 25 Section 5-8 of the Park District Code or Section 11-95-14 of
972972 26 the Illinois Municipal Code; (m) made for temporary relocation
973973
974974
975975
976976
977977
978978 SB2203 - 26 - LRB103 25126 HLH 51463 b
979979
980980
981981 SB2203- 27 -LRB103 25126 HLH 51463 b SB2203 - 27 - LRB103 25126 HLH 51463 b
982982 SB2203 - 27 - LRB103 25126 HLH 51463 b
983983 1 loan repayment purposes pursuant to Sections 2-3.77 and
984984 2 17-2.2d of the School Code; (n) made for payment of principal
985985 3 and interest on any bonds issued under the authority of
986986 4 Section 17-2.2d of the School Code; (o) made for contributions
987987 5 to a firefighter's pension fund created under Article 4 of the
988988 6 Illinois Pension Code, to the extent of the amount certified
989989 7 under item (5) of Section 4-134 of the Illinois Pension Code;
990990 8 and (p) made for road purposes in the first year after a
991991 9 township assumes the rights, powers, duties, assets, property,
992992 10 liabilities, obligations, and responsibilities of a road
993993 11 district abolished under the provisions of Section 6-133 of
994994 12 the Illinois Highway Code.
995995 13 "Aggregate extension" for the taxing districts to which
996996 14 this Law did not apply before the 1995 levy year (except taxing
997997 15 districts subject to this Law in accordance with Section
998998 16 18-213) means the annual corporate extension for the taxing
999999 17 district and those special purpose extensions that are made
10001000 18 annually for the taxing district, excluding special purpose
10011001 19 extensions: (a) made for the taxing district to pay interest
10021002 20 or principal on general obligation bonds that were approved by
10031003 21 referendum; (b) made for any taxing district to pay interest
10041004 22 or principal on general obligation bonds issued before March
10051005 23 1, 1995; (c) made for any taxing district to pay interest or
10061006 24 principal on bonds issued to refund or continue to refund
10071007 25 those bonds issued before March 1, 1995; (d) made for any
10081008 26 taxing district to pay interest or principal on bonds issued
10091009
10101010
10111011
10121012
10131013
10141014 SB2203 - 27 - LRB103 25126 HLH 51463 b
10151015
10161016
10171017 SB2203- 28 -LRB103 25126 HLH 51463 b SB2203 - 28 - LRB103 25126 HLH 51463 b
10181018 SB2203 - 28 - LRB103 25126 HLH 51463 b
10191019 1 to refund or continue to refund bonds issued after March 1,
10201020 2 1995 that were approved by referendum; (e) made for any taxing
10211021 3 district to pay interest or principal on revenue bonds issued
10221022 4 before March 1, 1995 for payment of which a property tax levy
10231023 5 or the full faith and credit of the unit of local government is
10241024 6 pledged; however, a tax for the payment of interest or
10251025 7 principal on those bonds shall be made only after the
10261026 8 governing body of the unit of local government finds that all
10271027 9 other sources for payment are insufficient to make those
10281028 10 payments; (f) made for payments under a building commission
10291029 11 lease when the lease payments are for the retirement of bonds
10301030 12 issued by the commission before March 1, 1995 to pay for the
10311031 13 building project; (g) made for payments due under installment
10321032 14 contracts entered into before March 1, 1995; (h) made for
10331033 15 payments of principal and interest on bonds issued under the
10341034 16 Metropolitan Water Reclamation District Act to finance
10351035 17 construction projects initiated before October 1, 1991; (h-4)
10361036 18 made for stormwater management purposes by the Metropolitan
10371037 19 Water Reclamation District of Greater Chicago under Section 12
10381038 20 of the Metropolitan Water Reclamation District Act; (h-8) made
10391039 21 for payments of principal and interest on bonds issued under
10401040 22 Section 9.6a of the Metropolitan Water Reclamation District
10411041 23 Act to make contributions to the pension fund established
10421042 24 under Article 13 of the Illinois Pension Code; (i) made for
10431043 25 payments of principal and interest on limited bonds, as
10441044 26 defined in Section 3 of the Local Government Debt Reform Act,
10451045
10461046
10471047
10481048
10491049
10501050 SB2203 - 28 - LRB103 25126 HLH 51463 b
10511051
10521052
10531053 SB2203- 29 -LRB103 25126 HLH 51463 b SB2203 - 29 - LRB103 25126 HLH 51463 b
10541054 SB2203 - 29 - LRB103 25126 HLH 51463 b
10551055 1 in an amount not to exceed the debt service extension base less
10561056 2 the amount in items (b), (c), and (e) of this definition for
10571057 3 non-referendum obligations, except obligations initially
10581058 4 issued pursuant to referendum and bonds described in
10591059 5 subsections (h) and (h-8) of this definition; (j) made for
10601060 6 payments of principal and interest on bonds issued under
10611061 7 Section 15 of the Local Government Debt Reform Act; (k) made
10621062 8 for payments of principal and interest on bonds authorized by
10631063 9 Public Act 88-503 and issued under Section 20a of the Chicago
10641064 10 Park District Act for aquarium or museum projects and bonds
10651065 11 issued under Section 20a of the Chicago Park District Act for
10661066 12 the purpose of making contributions to the pension fund
10671067 13 established under Article 12 of the Illinois Pension Code; (l)
10681068 14 made for payments of principal and interest on bonds
10691069 15 authorized by Public Act 87-1191 or 93-601 and (i) issued
10701070 16 pursuant to Section 21.2 of the Cook County Forest Preserve
10711071 17 District Act, (ii) issued under Section 42 of the Cook County
10721072 18 Forest Preserve District Act for zoological park projects, or
10731073 19 (iii) issued under Section 44.1 of the Cook County Forest
10741074 20 Preserve District Act for botanical gardens projects; (m) made
10751075 21 pursuant to Section 34-53.5 of the School Code, whether levied
10761076 22 annually or not; (n) made to fund expenses of providing joint
10771077 23 recreational programs for persons with disabilities under
10781078 24 Section 5-8 of the Park District Code or Section 11-95-14 of
10791079 25 the Illinois Municipal Code; (o) made by the Chicago Park
10801080 26 District for recreational programs for persons with
10811081
10821082
10831083
10841084
10851085
10861086 SB2203 - 29 - LRB103 25126 HLH 51463 b
10871087
10881088
10891089 SB2203- 30 -LRB103 25126 HLH 51463 b SB2203 - 30 - LRB103 25126 HLH 51463 b
10901090 SB2203 - 30 - LRB103 25126 HLH 51463 b
10911091 1 disabilities under subsection (c) of Section 7.06 of the
10921092 2 Chicago Park District Act; (p) made for contributions to a
10931093 3 firefighter's pension fund created under Article 4 of the
10941094 4 Illinois Pension Code, to the extent of the amount certified
10951095 5 under item (5) of Section 4-134 of the Illinois Pension Code;
10961096 6 (q) made by Ford Heights School District 169 under Section
10971097 7 17-9.02 of the School Code; and (r) made for the purpose of
10981098 8 making employer contributions to the Public School Teachers'
10991099 9 Pension and Retirement Fund of Chicago under Section 34-53 of
11001100 10 the School Code.
11011101 11 "Aggregate extension" for all taxing districts to which
11021102 12 this Law applies in accordance with Section 18-213, except for
11031103 13 those taxing districts subject to paragraph (2) of subsection
11041104 14 (e) of Section 18-213, means the annual corporate extension
11051105 15 for the taxing district and those special purpose extensions
11061106 16 that are made annually for the taxing district, excluding
11071107 17 special purpose extensions: (a) made for the taxing district
11081108 18 to pay interest or principal on general obligation bonds that
11091109 19 were approved by referendum; (b) made for any taxing district
11101110 20 to pay interest or principal on general obligation bonds
11111111 21 issued before the date on which the referendum making this Law
11121112 22 applicable to the taxing district is held; (c) made for any
11131113 23 taxing district to pay interest or principal on bonds issued
11141114 24 to refund or continue to refund those bonds issued before the
11151115 25 date on which the referendum making this Law applicable to the
11161116 26 taxing district is held; (d) made for any taxing district to
11171117
11181118
11191119
11201120
11211121
11221122 SB2203 - 30 - LRB103 25126 HLH 51463 b
11231123
11241124
11251125 SB2203- 31 -LRB103 25126 HLH 51463 b SB2203 - 31 - LRB103 25126 HLH 51463 b
11261126 SB2203 - 31 - LRB103 25126 HLH 51463 b
11271127 1 pay interest or principal on bonds issued to refund or
11281128 2 continue to refund bonds issued after the date on which the
11291129 3 referendum making this Law applicable to the taxing district
11301130 4 is held if the bonds were approved by referendum after the date
11311131 5 on which the referendum making this Law applicable to the
11321132 6 taxing district is held; (e) made for any taxing district to
11331133 7 pay interest or principal on revenue bonds issued before the
11341134 8 date on which the referendum making this Law applicable to the
11351135 9 taxing district is held for payment of which a property tax
11361136 10 levy or the full faith and credit of the unit of local
11371137 11 government is pledged; however, a tax for the payment of
11381138 12 interest or principal on those bonds shall be made only after
11391139 13 the governing body of the unit of local government finds that
11401140 14 all other sources for payment are insufficient to make those
11411141 15 payments; (f) made for payments under a building commission
11421142 16 lease when the lease payments are for the retirement of bonds
11431143 17 issued by the commission before the date on which the
11441144 18 referendum making this Law applicable to the taxing district
11451145 19 is held to pay for the building project; (g) made for payments
11461146 20 due under installment contracts entered into before the date
11471147 21 on which the referendum making this Law applicable to the
11481148 22 taxing district is held; (h) made for payments of principal
11491149 23 and interest on limited bonds, as defined in Section 3 of the
11501150 24 Local Government Debt Reform Act, in an amount not to exceed
11511151 25 the debt service extension base less the amount in items (b),
11521152 26 (c), and (e) of this definition for non-referendum
11531153
11541154
11551155
11561156
11571157
11581158 SB2203 - 31 - LRB103 25126 HLH 51463 b
11591159
11601160
11611161 SB2203- 32 -LRB103 25126 HLH 51463 b SB2203 - 32 - LRB103 25126 HLH 51463 b
11621162 SB2203 - 32 - LRB103 25126 HLH 51463 b
11631163 1 obligations, except obligations initially issued pursuant to
11641164 2 referendum; (i) made for payments of principal and interest on
11651165 3 bonds issued under Section 15 of the Local Government Debt
11661166 4 Reform Act; (j) made for a qualified airport authority to pay
11671167 5 interest or principal on general obligation bonds issued for
11681168 6 the purpose of paying obligations due under, or financing
11691169 7 airport facilities required to be acquired, constructed,
11701170 8 installed or equipped pursuant to, contracts entered into
11711171 9 before March 1, 1996 (but not including any amendments to such
11721172 10 a contract taking effect on or after that date); (k) made to
11731173 11 fund expenses of providing joint recreational programs for
11741174 12 persons with disabilities under Section 5-8 of the Park
11751175 13 District Code or Section 11-95-14 of the Illinois Municipal
11761176 14 Code; (l) made for contributions to a firefighter's pension
11771177 15 fund created under Article 4 of the Illinois Pension Code, to
11781178 16 the extent of the amount certified under item (5) of Section
11791179 17 4-134 of the Illinois Pension Code; and (m) made for the taxing
11801180 18 district to pay interest or principal on general obligation
11811181 19 bonds issued pursuant to Section 19-3.10 of the School Code.
11821182 20 "Aggregate extension" for all taxing districts to which
11831183 21 this Law applies in accordance with paragraph (2) of
11841184 22 subsection (e) of Section 18-213 means the annual corporate
11851185 23 extension for the taxing district and those special purpose
11861186 24 extensions that are made annually for the taxing district,
11871187 25 excluding special purpose extensions: (a) made for the taxing
11881188 26 district to pay interest or principal on general obligation
11891189
11901190
11911191
11921192
11931193
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11951195
11961196
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11981198 SB2203 - 33 - LRB103 25126 HLH 51463 b
11991199 1 bonds that were approved by referendum; (b) made for any
12001200 2 taxing district to pay interest or principal on general
12011201 3 obligation bonds issued before March 7, 1997 (the effective
12021202 4 date of Public Act 89-718); (c) made for any taxing district to
12031203 5 pay interest or principal on bonds issued to refund or
12041204 6 continue to refund those bonds issued before March 7, 1997
12051205 7 (the effective date of Public Act 89-718); (d) made for any
12061206 8 taxing district to pay interest or principal on bonds issued
12071207 9 to refund or continue to refund bonds issued after March 7,
12081208 10 1997 (the effective date of Public Act 89-718) if the bonds
12091209 11 were approved by referendum after March 7, 1997 (the effective
12101210 12 date of Public Act 89-718); (e) made for any taxing district to
12111211 13 pay interest or principal on revenue bonds issued before March
12121212 14 7, 1997 (the effective date of Public Act 89-718) for payment
12131213 15 of which a property tax levy or the full faith and credit of
12141214 16 the unit of local government is pledged; however, a tax for the
12151215 17 payment of interest or principal on those bonds shall be made
12161216 18 only after the governing body of the unit of local government
12171217 19 finds that all other sources for payment are insufficient to
12181218 20 make those payments; (f) made for payments under a building
12191219 21 commission lease when the lease payments are for the
12201220 22 retirement of bonds issued by the commission before March 7,
12211221 23 1997 (the effective date of Public Act 89-718) to pay for the
12221222 24 building project; (g) made for payments due under installment
12231223 25 contracts entered into before March 7, 1997 (the effective
12241224 26 date of Public Act 89-718); (h) made for payments of principal
12251225
12261226
12271227
12281228
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12311231
12321232
12331233 SB2203- 34 -LRB103 25126 HLH 51463 b SB2203 - 34 - LRB103 25126 HLH 51463 b
12341234 SB2203 - 34 - LRB103 25126 HLH 51463 b
12351235 1 and interest on limited bonds, as defined in Section 3 of the
12361236 2 Local Government Debt Reform Act, in an amount not to exceed
12371237 3 the debt service extension base less the amount in items (b),
12381238 4 (c), and (e) of this definition for non-referendum
12391239 5 obligations, except obligations initially issued pursuant to
12401240 6 referendum; (i) made for payments of principal and interest on
12411241 7 bonds issued under Section 15 of the Local Government Debt
12421242 8 Reform Act; (j) made for a qualified airport authority to pay
12431243 9 interest or principal on general obligation bonds issued for
12441244 10 the purpose of paying obligations due under, or financing
12451245 11 airport facilities required to be acquired, constructed,
12461246 12 installed or equipped pursuant to, contracts entered into
12471247 13 before March 1, 1996 (but not including any amendments to such
12481248 14 a contract taking effect on or after that date); (k) made to
12491249 15 fund expenses of providing joint recreational programs for
12501250 16 persons with disabilities under Section 5-8 of the Park
12511251 17 District Code or Section 11-95-14 of the Illinois Municipal
12521252 18 Code; and (l) made for contributions to a firefighter's
12531253 19 pension fund created under Article 4 of the Illinois Pension
12541254 20 Code, to the extent of the amount certified under item (5) of
12551255 21 Section 4-134 of the Illinois Pension Code.
12561256 22 "Debt service extension base" means an amount equal to
12571257 23 that portion of the extension for a taxing district for the
12581258 24 1994 levy year, or for those taxing districts subject to this
12591259 25 Law in accordance with Section 18-213, except for those
12601260 26 subject to paragraph (2) of subsection (e) of Section 18-213,
12611261
12621262
12631263
12641264
12651265
12661266 SB2203 - 34 - LRB103 25126 HLH 51463 b
12671267
12681268
12691269 SB2203- 35 -LRB103 25126 HLH 51463 b SB2203 - 35 - LRB103 25126 HLH 51463 b
12701270 SB2203 - 35 - LRB103 25126 HLH 51463 b
12711271 1 for the levy year in which the referendum making this Law
12721272 2 applicable to the taxing district is held, or for those taxing
12731273 3 districts subject to this Law in accordance with paragraph (2)
12741274 4 of subsection (e) of Section 18-213 for the 1996 levy year,
12751275 5 constituting an extension for payment of principal and
12761276 6 interest on bonds issued by the taxing district without
12771277 7 referendum, but not including excluded non-referendum bonds.
12781278 8 For park districts (i) that were first subject to this Law in
12791279 9 1991 or 1995 and (ii) whose extension for the 1994 levy year
12801280 10 for the payment of principal and interest on bonds issued by
12811281 11 the park district without referendum (but not including
12821282 12 excluded non-referendum bonds) was less than 51% of the amount
12831283 13 for the 1991 levy year constituting an extension for payment
12841284 14 of principal and interest on bonds issued by the park district
12851285 15 without referendum (but not including excluded non-referendum
12861286 16 bonds), "debt service extension base" means an amount equal to
12871287 17 that portion of the extension for the 1991 levy year
12881288 18 constituting an extension for payment of principal and
12891289 19 interest on bonds issued by the park district without
12901290 20 referendum (but not including excluded non-referendum bonds).
12911291 21 A debt service extension base established or increased at any
12921292 22 time pursuant to any provision of this Law, except Section
12931293 23 18-212, shall be increased each year commencing with the later
12941294 24 of (i) the 2009 levy year or (ii) the first levy year in which
12951295 25 this Law becomes applicable to the taxing district, by the
12961296 26 extension limitation lesser of 5% or the percentage increase
12971297
12981298
12991299
13001300
13011301
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13031303
13041304
13051305 SB2203- 36 -LRB103 25126 HLH 51463 b SB2203 - 36 - LRB103 25126 HLH 51463 b
13061306 SB2203 - 36 - LRB103 25126 HLH 51463 b
13071307 1 in the Consumer Price Index during the 12-month calendar year
13081308 2 preceding the levy year. The debt service extension base may
13091309 3 be established or increased as provided under Section 18-212.
13101310 4 "Excluded non-referendum bonds" means (i) bonds authorized by
13111311 5 Public Act 88-503 and issued under Section 20a of the Chicago
13121312 6 Park District Act for aquarium and museum projects; (ii) bonds
13131313 7 issued under Section 15 of the Local Government Debt Reform
13141314 8 Act; or (iii) refunding obligations issued to refund or to
13151315 9 continue to refund obligations initially issued pursuant to
13161316 10 referendum.
13171317 11 "Special purpose extensions" include, but are not limited
13181318 12 to, extensions for levies made on an annual basis for
13191319 13 unemployment and workers' compensation, self-insurance,
13201320 14 contributions to pension plans, and extensions made pursuant
13211321 15 to Section 6-601 of the Illinois Highway Code for a road
13221322 16 district's permanent road fund whether levied annually or not.
13231323 17 The extension for a special service area is not included in the
13241324 18 aggregate extension.
13251325 19 "Aggregate extension base" means the taxing district's
13261326 20 last preceding aggregate extension as adjusted under Sections
13271327 21 18-135, 18-215, 18-230, 18-206, and 18-233. Beginning with
13281328 22 levy year 2022, for taxing districts that are specified in
13291329 23 Section 18-190.7, the taxing district's aggregate extension
13301330 24 base shall be calculated as provided in Section 18-190.7. An
13311331 25 adjustment under Section 18-135 shall be made for the 2007
13321332 26 levy year and all subsequent levy years whenever one or more
13331333
13341334
13351335
13361336
13371337
13381338 SB2203 - 36 - LRB103 25126 HLH 51463 b
13391339
13401340
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13421342 SB2203 - 37 - LRB103 25126 HLH 51463 b
13431343 1 counties within which a taxing district is located (i) used
13441344 2 estimated valuations or rates when extending taxes in the
13451345 3 taxing district for the last preceding levy year that resulted
13461346 4 in the over or under extension of taxes, or (ii) increased or
13471347 5 decreased the tax extension for the last preceding levy year
13481348 6 as required by Section 18-135(c). Whenever an adjustment is
13491349 7 required under Section 18-135, the aggregate extension base of
13501350 8 the taxing district shall be equal to the amount that the
13511351 9 aggregate extension of the taxing district would have been for
13521352 10 the last preceding levy year if either or both (i) actual,
13531353 11 rather than estimated, valuations or rates had been used to
13541354 12 calculate the extension of taxes for the last levy year, or
13551355 13 (ii) the tax extension for the last preceding levy year had not
13561356 14 been adjusted as required by subsection (c) of Section 18-135.
13571357 15 Notwithstanding any other provision of law, for levy year
13581358 16 2012, the aggregate extension base for West Northfield School
13591359 17 District No. 31 in Cook County shall be $12,654,592.
13601360 18 Notwithstanding any other provision of law, for levy year
13611361 19 2022, the aggregate extension base of a home equity assurance
13621362 20 program that levied at least $1,000,000 in property taxes in
13631363 21 levy year 2019 or 2020 under the Home Equity Assurance Act
13641364 22 shall be the amount that the program's aggregate extension
13651365 23 base for levy year 2021 would have been if the program had
13661366 24 levied a property tax for levy year 2021.
13671367 25 "Levy year" has the same meaning as "year" under Section
13681368 26 1-155.
13691369
13701370
13711371
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13751375
13761376
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13781378 SB2203 - 38 - LRB103 25126 HLH 51463 b
13791379 1 "New property" means (i) the assessed value, after final
13801380 2 board of review or board of appeals action, of new
13811381 3 improvements or additions to existing improvements on any
13821382 4 parcel of real property that increase the assessed value of
13831383 5 that real property during the levy year multiplied by the
13841384 6 equalization factor issued by the Department under Section
13851385 7 17-30, (ii) the assessed value, after final board of review or
13861386 8 board of appeals action, of real property not exempt from real
13871387 9 estate taxation, which real property was exempt from real
13881388 10 estate taxation for any portion of the immediately preceding
13891389 11 levy year, multiplied by the equalization factor issued by the
13901390 12 Department under Section 17-30, including the assessed value,
13911391 13 upon final stabilization of occupancy after new construction
13921392 14 is complete, of any real property located within the
13931393 15 boundaries of an otherwise or previously exempt military
13941394 16 reservation that is intended for residential use and owned by
13951395 17 or leased to a private corporation or other entity, (iii) in
13961396 18 counties that classify in accordance with Section 4 of Article
13971397 19 IX of the Illinois Constitution, an incentive property's
13981398 20 additional assessed value resulting from a scheduled increase
13991399 21 in the level of assessment as applied to the first year final
14001400 22 board of review market value, and (iv) any increase in
14011401 23 assessed value due to oil or gas production from an oil or gas
14021402 24 well required to be permitted under the Hydraulic Fracturing
14031403 25 Regulatory Act that was not produced in or accounted for
14041404 26 during the previous levy year. In addition, the county clerk
14051405
14061406
14071407
14081408
14091409
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14111411
14121412
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14141414 SB2203 - 39 - LRB103 25126 HLH 51463 b
14151415 1 in a county containing a population of 3,000,000 or more shall
14161416 2 include in the 1997 recovered tax increment value for any
14171417 3 school district, any recovered tax increment value that was
14181418 4 applicable to the 1995 tax year calculations.
14191419 5 "Qualified airport authority" means an airport authority
14201420 6 organized under the Airport Authorities Act and located in a
14211421 7 county bordering on the State of Wisconsin and having a
14221422 8 population in excess of 200,000 and not greater than 500,000.
14231423 9 "Recovered tax increment value" means, except as otherwise
14241424 10 provided in this paragraph, the amount of the current year's
14251425 11 equalized assessed value, in the first year after a
14261426 12 municipality terminates the designation of an area as a
14271427 13 redevelopment project area previously established under the
14281428 14 Tax Increment Allocation Redevelopment Act in the Illinois
14291429 15 Municipal Code, previously established under the Industrial
14301430 16 Jobs Recovery Law in the Illinois Municipal Code, previously
14311431 17 established under the Economic Development Project Area Tax
14321432 18 Increment Act of 1995, or previously established under the
14331433 19 Economic Development Area Tax Increment Allocation Act, of
14341434 20 each taxable lot, block, tract, or parcel of real property in
14351435 21 the redevelopment project area over and above the initial
14361436 22 equalized assessed value of each property in the redevelopment
14371437 23 project area. For the taxes which are extended for the 1997
14381438 24 levy year, the recovered tax increment value for a non-home
14391439 25 rule taxing district that first became subject to this Law for
14401440 26 the 1995 levy year because a majority of its 1994 equalized
14411441
14421442
14431443
14441444
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14511451 1 assessed value was in an affected county or counties shall be
14521452 2 increased if a municipality terminated the designation of an
14531453 3 area in 1993 as a redevelopment project area previously
14541454 4 established under the Tax Increment Allocation Redevelopment
14551455 5 Act in the Illinois Municipal Code, previously established
14561456 6 under the Industrial Jobs Recovery Law in the Illinois
14571457 7 Municipal Code, or previously established under the Economic
14581458 8 Development Area Tax Increment Allocation Act, by an amount
14591459 9 equal to the 1994 equalized assessed value of each taxable
14601460 10 lot, block, tract, or parcel of real property in the
14611461 11 redevelopment project area over and above the initial
14621462 12 equalized assessed value of each property in the redevelopment
14631463 13 project area. In the first year after a municipality removes a
14641464 14 taxable lot, block, tract, or parcel of real property from a
14651465 15 redevelopment project area established under the Tax Increment
14661466 16 Allocation Redevelopment Act in the Illinois Municipal Code,
14671467 17 the Industrial Jobs Recovery Law in the Illinois Municipal
14681468 18 Code, or the Economic Development Area Tax Increment
14691469 19 Allocation Act, "recovered tax increment value" means the
14701470 20 amount of the current year's equalized assessed value of each
14711471 21 taxable lot, block, tract, or parcel of real property removed
14721472 22 from the redevelopment project area over and above the initial
14731473 23 equalized assessed value of that real property before removal
14741474 24 from the redevelopment project area.
14751475 25 Except as otherwise provided in this Section, "limiting
14761476 26 rate" means a fraction the numerator of which is the last
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14871487 1 preceding aggregate extension base (as reduced by Section
14881488 2 18-207, if applicable) times an amount equal to one plus the
14891489 3 extension limitation defined in this Section and the
14901490 4 denominator of which is the current year's equalized assessed
14911491 5 value of all real property in the territory under the
14921492 6 jurisdiction of the taxing district during the prior levy
14931493 7 year. For those taxing districts that reduced their aggregate
14941494 8 extension for the last preceding levy year, except for school
14951495 9 districts that reduced their extension for educational
14961496 10 purposes pursuant to Section 18-206 and taxing districts that
14971497 11 reduced their aggregate extension pursuant to Section 18-207,
14981498 12 the highest aggregate extension in any of the last 3 preceding
14991499 13 levy years shall be used for the purpose of computing the
15001500 14 limiting rate. The denominator shall not include new property
15011501 15 or the recovered tax increment value. If a new rate, a rate
15021502 16 decrease, or a limiting rate increase has been approved at an
15031503 17 election held after March 21, 2006, then (i) the otherwise
15041504 18 applicable limiting rate shall be increased by the amount of
15051505 19 the new rate or shall be reduced by the amount of the rate
15061506 20 decrease, as the case may be, or (ii) in the case of a limiting
15071507 21 rate increase, the limiting rate shall be equal to the rate set
15081508 22 forth in the proposition approved by the voters for each of the
15091509 23 years specified in the proposition, after which the limiting
15101510 24 rate of the taxing district shall be calculated as otherwise
15111511 25 provided. In the case of a taxing district that obtained
15121512 26 referendum approval for an increased limiting rate on March
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15231523 1 20, 2012, the limiting rate for tax year 2012 shall be the rate
15241524 2 that generates the approximate total amount of taxes
15251525 3 extendable for that tax year, as set forth in the proposition
15261526 4 approved by the voters; this rate shall be the final rate
15271527 5 applied by the county clerk for the aggregate of all capped
15281528 6 funds of the district for tax year 2012.
15291529 7 (Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21;
15301530 8 102-519, eff. 8-20-21; 102-558, eff. 8-20-21; 102-707, eff.
15311531 9 4-22-22; 102-813, eff. 5-13-22; 102-895, eff. 5-23-22; revised
15321532 10 8-29-22.)
15331533 11 (35 ILCS 200/18-205)
15341534 12 Sec. 18-205. Referendum to increase the extension
15351535 13 limitation. A taxing district is limited to an extension
15361536 14 limitation as defined in Section 18-185 of 5% or the
15371537 15 percentage increase in the Consumer Price Index during the
15381538 16 12-month calendar year preceding the levy year, whichever is
15391539 17 less. A taxing district may increase its extension limitation
15401540 18 for one or more levy years if that taxing district holds a
15411541 19 referendum before the levy date for the first levy year at
15421542 20 which a majority of voters voting on the issue approves
15431543 21 adoption of a higher extension limitation. Referenda shall be
15441544 22 conducted at a regularly scheduled election in accordance with
15451545 23 the Election Code. The question shall be presented in
15461546 24 substantially the following manner for all elections held
15471547 25 after March 21, 2006:
15481548
15491549
15501550
15511551
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15581558 1 Shall the extension limitation under the Property Tax
15591559 2 Extension Limitation Law for (insert the legal name,
15601560 3 number, if any, and county or counties of the taxing
15611561 4 district and geographic or other common name by which a
15621562 5 school or community college district is known and referred
15631563 6 to), Illinois, be increased from (the extension limitation
15641564 7 under item (a) of the definition of extension limitation
15651565 8 in Section 18-185) the lesser of 5% or the percentage
15661566 9 increase in the Consumer Price Index over the prior levy
15671567 10 year to (insert the percentage of the proposed increase)%
15681568 11 per year for (insert each levy year for which the
15691569 12 increased extension limitation will apply)?
15701570 13 The votes must be recorded as "Yes" or "No".
15711571 14 If a majority of voters voting on the issue approves the
15721572 15 adoption of the increase, the increase shall be applicable for
15731573 16 each levy year specified.
15741574 17 The ballot for any question submitted pursuant to this
15751575 18 Section shall have printed thereon, but not as a part of the
15761576 19 question submitted, only the following supplemental
15771577 20 information (which shall be supplied to the election authority
15781578 21 by the taxing district) in substantially the following form:
15791579 22 (1) For the (insert the first levy year for which the
15801580 23 increased extension limitation will be applicable) levy
15811581 24 year the approximate amount of the additional tax
15821582 25 extendable against property containing a single family
15831583 26 residence and having a fair market value at the time of the
15841584
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15941594 1 referendum of $100,000 is estimated to be $....
15951595 2 (2) Based upon an average annual percentage increase
15961596 3 (or decrease) in the market value of such property of ...%
15971597 4 (insert percentage equal to the average annual percentage
15981598 5 increase or decrease for the prior 3 levy years, at the
15991599 6 time the submission of the question is initiated by the
16001600 7 taxing district, in the amount of (A) the equalized
16011601 8 assessed value of the taxable property in the taxing
16021602 9 district less (B) the new property included in the
16031603 10 equalized assessed value), the approximate amount of the
16041604 11 additional tax extendable against such property for the
16051605 12 ... levy year is estimated to be $... and for the ... levy
16061606 13 year is estimated to be $....
16071607 14 Paragraph (2) shall be included only if the increased
16081608 15 extension limitation will be applicable for more than one year
16091609 16 and shall list each levy year for which the increased
16101610 17 extension limitation will be applicable. The additional tax
16111611 18 shown for each levy year shall be the approximate dollar
16121612 19 amount of the increase over the amount of the most recently
16131613 20 completed extension at the time the submission of the question
16141614 21 is initiated by the taxing district. The approximate amount of
16151615 22 the additional tax extendable shown in paragraphs (1) and (2)
16161616 23 shall be calculated by multiplying $100,000 (the fair market
16171617 24 value of the property without regard to any property tax
16181618 25 exemptions) by (i) the percentage level of assessment
16191619 26 prescribed for that property by statute, or by ordinance of
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16301630 1 the county board in counties that classify property for
16311631 2 purposes of taxation in accordance with Section 4 of Article
16321632 3 IX of the Illinois Constitution; (ii) the most recent final
16331633 4 equalization factor certified to the county clerk by the
16341634 5 Department of Revenue at the time the taxing district
16351635 6 initiates the submission of the proposition to the electors;
16361636 7 (iii) the last known aggregate extension base of the taxing
16371637 8 district at the time the submission of the question is
16381638 9 initiated by the taxing district; and (iv) the difference
16391639 10 between the percentage increase proposed in the question and
16401640 11 the otherwise applicable extension limitation lesser of 5% or
16411641 12 the percentage increase in the Consumer Price Index for the
16421642 13 prior levy year (or an estimate of the percentage increase for
16431643 14 the prior levy year if the increase is unavailable at the time
16441644 15 the submission of the question is initiated by the taxing
16451645 16 district); and dividing the result by the last known equalized
16461646 17 assessed value of the taxing district at the time the
16471647 18 submission of the question is initiated by the taxing
16481648 19 district. This amendatory Act of the 97th General Assembly is
16491649 20 intended to clarify the existing requirements of this Section,
16501650 21 and shall not be construed to validate any prior non-compliant
16511651 22 referendum language. Any notice required to be published in
16521652 23 connection with the submission of the question shall also
16531653 24 contain this supplemental information and shall not contain
16541654 25 any other supplemental information. Any error, miscalculation,
16551655 26 or inaccuracy in computing any amount set forth on the ballot
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16661666 1 or in the notice that is not deliberate shall not invalidate or
16671667 2 affect the validity of any proposition approved. Notice of the
16681668 3 referendum shall be published and posted as otherwise required
16691669 4 by law, and the submission of the question shall be initiated
16701670 5 as provided by law.
16711671 6 (Source: P.A. 97-1087, eff. 8-24-12.)
16721672 7 (35 ILCS 200/18-207 new)
16731673 8 Sec. 18-207. Reduced aggregate extension base.
16741674 9 (a) Upon submission of a petition signed by a number of
16751675 10 voters of the taxing district that is not less than 10% of the
16761676 11 votes cast in the taxing district at the immediately preceding
16771677 12 gubernatorial election, the question of whether a taxing
16781678 13 district shall reduce its aggregate extension base for the
16791679 14 purpose of lowering its limiting rate for future years shall
16801680 15 be submitted to the voters of the taxing district at the next
16811681 16 general or consolidated election. The petition shall set forth
16821682 17 the amount of the reduction and the levy years for which the
16831683 18 reduction shall be applicable.
16841684 19 (b) The petition shall be filed with the applicable
16851685 20 election authority, as defined in Section 1-3 of the Election
16861686 21 Code, or, in the case of multiple election authorities, with
16871687 22 the State Board of Elections, not more than 10 months nor less
16881688 23 than 6 months prior to the election at which the question is to
16891689 24 be submitted to the voters, and its validity shall be
16901690 25 determined as provided by Article 28 of the Election Code and
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17011701 1 general election law. The election authority or Board, as
17021702 2 applicable, shall certify the question and the proper election
17031703 3 authority or authorities shall submit the question to the
17041704 4 voters. Except as otherwise provided in this Section, this
17051705 5 referendum shall be subject to all other general election law
17061706 6 requirements.
17071707 7 (c) The proposition seeking to reduce the aggregate
17081708 8 extension base shall be in substantially the following form:
17091709 9 Shall the aggregate extension base used to calculate
17101710 10 the limiting rate for (taxing district) under the Property
17111711 11 Tax Extension Limitation Law be reduced by (amount of
17121712 12 money expressed in U.S. dollars) for (levy year or years)?
17131713 13 Votes shall be recorded as "Yes" or "No".
17141714 14 If a majority of all votes cast on the proposition are in
17151715 15 favor of the proposition, then the aggregate extension base
17161716 16 shall be reduced as provided in the referendum.
17171717 17 (35 ILCS 200/18-212)
17181718 18 Sec. 18-212. Referendum on debt service extension base. A
17191719 19 taxing district may establish or increase its debt service
17201720 20 extension base if (i) that taxing district holds a referendum
17211721 21 before the date on which the levy must be filed with the county
17221722 22 clerk of the county or counties in which the taxing district is
17231723 23 situated and (ii) a majority of voters voting on the issue
17241724 24 approves the establishment of or increase in the debt service
17251725 25 extension base. A debt service extension base established or
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17361736 1 increased by a referendum held pursuant to this Section after
17371737 2 February 2, 2010, shall be increased each year, commencing
17381738 3 with the first levy year beginning after the date of the
17391739 4 referendum, by the extension limitation lesser of 5% or the
17401740 5 percentage increase in the Consumer Price Index during the
17411741 6 12-month calendar year preceding the levy year if the optional
17421742 7 language concerning the annual increase is included in the
17431743 8 question submitted to the electors of the taxing district.
17441744 9 Referenda under this Section shall be conducted at a regularly
17451745 10 scheduled election in accordance with the Election Code. The
17461746 11 governing body of the taxing district shall certify the
17471747 12 question to the proper election authorities who shall submit
17481748 13 the question to the electors of the taxing district in
17491749 14 substantially the following form:
17501750 15 "Shall the debt service extension base under the Property
17511751 16 Tax Extension Limitation Law for ... (taxing district
17521752 17 name) ... for payment of principal and interest on limited
17531753 18 bonds be .... ((established at $ ....) . (or) (increased
17541754 19 from $ .... to $ ....)) .. for the ..... levy year and all
17551755 20 subsequent levy years (optional language: , such debt
17561756 21 service extension base to be increased each year by
17571757 22 (extension limitation amount) the lesser of 5% or the
17581758 23 percentage increase in the Consumer Price Index during the
17591759 24 12-month calendar year preceding the levy year)?"
17601760 25 Votes on the question shall be recorded as "Yes" or "No".
17611761 26 If a majority of voters voting on the issue approves the
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17721772 1 establishment of or increase in the debt service extension
17731773 2 base, the establishment of or increase in the debt service
17741774 3 extension base shall be applicable for the levy years
17751775 4 specified.
17761776 5 (Source: P.A. 96-1202, eff. 7-22-10.)
17771777 6 Section 99. Effective date. This Act takes effect upon
17781778 7 becoming law.
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