2005 Illinois 35 ILCS 200/ Property Tax Code. Division 5 - Property Tax Extension Limitation Law
(35 ILCS 200/Art. 18 Div. 5 heading)
Division 5.
Property Tax Extension Limitation Law
(35 ILCS 200/18‑185)
(Text of Section from P.A. 93‑689)
Sec. 18‑185. Short title; definitions. This Division 5 may be cited as the
Property Tax Extension Limitation Law. As used in this Division 5:
"Consumer Price Index" means the Consumer Price Index for All Urban
Consumers for all items published by the United States Department of Labor.
"Extension limitation" means (a) the lesser of 5% or the percentage increase
in the Consumer Price Index during the 12‑month calendar year preceding the
levy year or (b) the rate of increase approved by voters under Section 18‑205.
"Affected county" means a county of 3,000,000 or more inhabitants or a
county contiguous to a county of 3,000,000 or more inhabitants.
"Taxing district" has the same meaning provided in Section 1‑150, except as
otherwise provided in this Section. For the 1991 through 1994 levy years only,
"taxing district" includes only each non‑home rule taxing district having the
majority of its
1990 equalized assessed value within any county or counties contiguous to a
county with 3,000,000 or more inhabitants. Beginning with the 1995 levy
year, "taxing district" includes only each non‑home rule taxing district
subject to this Law before the 1995 levy year and each non‑home rule
taxing district not subject to this Law before the 1995 levy year having the
majority of its 1994 equalized assessed value in an affected county or
counties. Beginning with the levy year in
which this Law becomes applicable to a taxing district as
provided in Section 18‑213, "taxing district" also includes those taxing
districts made subject to this Law as provided in Section 18‑213.
"Aggregate extension" for taxing districts to which this Law applied before
the 1995 levy year means the annual corporate extension for the taxing
district and those special purpose extensions that are made annually for
the taxing district, excluding special purpose extensions: (a) made for the
taxing district to pay interest or principal on general obligation bonds
that were approved by referendum; (b) made for any taxing district to pay
interest or principal on general obligation bonds issued before October 1,
1991; (c) made for any taxing district to pay interest or principal on bonds
issued to refund or continue to refund those bonds issued before October 1,
1991; (d)
made for any taxing district to pay interest or principal on bonds
issued to refund or continue to refund bonds issued after October 1, 1991 that
were approved by referendum; (e)
made for any taxing district to pay interest
or principal on revenue bonds issued before October 1, 1991 for payment of
which a property tax levy or the full faith and credit of the unit of local
government is pledged; however, a tax for the payment of interest or principal
on those bonds shall be made only after the governing body of the unit of local
government finds that all other sources for payment are insufficient to make
those payments; (f) made for payments under a building commission lease when
the lease payments are for the retirement of bonds issued by the commission
before October 1, 1991, to pay for the building project; (g) made for payments
due under installment contracts entered into before October 1, 1991;
(h) made for payments of principal and interest on bonds issued under the
Metropolitan Water Reclamation District Act to finance construction projects
initiated before October 1, 1991; (i) made for payments of principal and
interest on limited bonds, as defined in Section 3 of the Local Government Debt
Reform Act, in an amount not to exceed the debt service extension base less
the amount in items (b), (c), (e), and (h) of this definition for
non‑referendum obligations, except obligations initially issued pursuant to
referendum; (j) made for payments of principal and interest on bonds
issued under Section 15 of the Local Government Debt Reform Act; (k)
made
by a school district that participates in the Special Education District of
Lake County, created by special education joint agreement under Section
10‑22.31 of the School Code, for payment of the school district's share of the
amounts required to be contributed by the Special Education District of Lake
County to the Illinois Municipal Retirement Fund under Article 7 of the
Illinois Pension Code; the amount of any extension under this item (k) shall be
certified by the school district to the county clerk; (l) made to fund
expenses of providing joint recreational programs for the handicapped under
Section 5‑8 of
the
Park District Code or Section 11‑95‑14 of the Illinois Municipal Code; and (m) made for contributions to a firefighter's pension fund created under Article 4 of the Illinois Pension Code, to the extent of the amount certified under item (5) of Section 4‑134 of the Illinois Pension Code.
"Aggregate extension" for the taxing districts to which this Law did not
apply before the 1995 levy year (except taxing districts subject to this Law
in
accordance with Section 18‑213) means the annual corporate extension for the
taxing district and those special purpose extensions that are made annually for
the taxing district, excluding special purpose extensions: (a) made for the
taxing district to pay interest or principal on general obligation bonds that
were approved by referendum; (b) made for any taxing district to pay interest
or principal on general obligation bonds issued before March 1, 1995; (c) made
for any taxing district to pay interest or principal on bonds issued to refund
or continue to refund those bonds issued before March 1, 1995; (d) made for any
taxing district to pay interest or principal on bonds issued to refund or
continue to refund bonds issued after March 1, 1995 that were approved by
referendum; (e) made for any taxing district to pay interest or principal on
revenue bonds issued before March 1, 1995 for payment of which a property tax
levy or the full faith and credit of the unit of local government is pledged;
however, a tax for the payment of interest or principal on those bonds shall be
made only after the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those payments; (f) made
for payments under a building commission lease when the lease payments are for
the retirement of bonds issued by the commission before March 1, 1995 to
pay for the building project; (g) made for payments due under installment
contracts entered into before March 1, 1995; (h) made for payments of
principal and interest on bonds issued under the Metropolitan Water Reclamation
District Act to finance construction projects initiated before October 1,
1991; (i) made for payments of principal and interest on limited bonds,
as defined in Section 3 of the Local Government Debt Reform Act, in an amount
not to exceed the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non‑referendum obligations, except
obligations initially issued pursuant to referendum and bonds described in
subsection (h) of this definition; (j) made for payments of
principal and interest on bonds issued under Section 15 of the Local Government
Debt Reform Act; (k) made for payments of principal and interest on bonds
authorized by Public Act 88‑503 and issued under Section 20a of the Chicago
Park District Act for aquarium or
museum projects; (l) made for payments of principal and interest on
bonds
authorized by Public Act 87‑1191 or 93‑601 and (i) issued pursuant to Section 21.2 of the Cook County Forest
Preserve District Act, (ii) issued under Section 42 of the Cook County
Forest Preserve District Act for zoological park projects, or (iii) issued
under Section 44.1 of the Cook County Forest Preserve District Act for
botanical gardens projects; (m) made
pursuant
to Section 34‑53.5 of the School Code, whether levied annually or not;
(n) made to fund expenses of providing joint recreational programs for the
handicapped under Section 5‑8 of the Park
District Code or Section 11‑95‑14 of the Illinois Municipal Code;
(o) made by the
Chicago Park
District for recreational programs for the handicapped under subsection (c) of
Section
7.06 of the Chicago Park District Act; and (p) made for contributions to a firefighter's pension fund created under Article 4 of the Illinois Pension Code, to the extent of the amount certified under item (5) of Section 4‑134 of the Illinois Pension Code.
"Aggregate extension" for all taxing districts to which this Law applies in
accordance with Section 18‑213, except for those taxing districts subject to
paragraph (2) of subsection (e) of Section 18‑213, means the annual corporate
extension for the
taxing district and those special purpose extensions that are made annually for
the taxing district, excluding special purpose extensions: (a) made for the
taxing district to pay interest or principal on general obligation bonds that
were approved by referendum; (b) made for any taxing district to pay interest
or principal on general obligation bonds issued before the date on which the
referendum making this
Law applicable to the taxing district is held; (c) made
for any taxing district to pay interest or principal on bonds issued to refund
or continue to refund those bonds issued before the date on which the
referendum making this Law
applicable to the taxing district is held;
(d) made for any
taxing district to pay interest or principal on bonds issued to refund or
continue to refund bonds issued after the date on which the referendum making
this Law
applicable to the taxing district is held if the bonds were approved by
referendum after the date on which the referendum making this Law
applicable to the taxing district is held; (e) made for any
taxing district to pay interest or principal on
revenue bonds issued before the date on which the referendum making this Law
applicable to the
taxing district is held for payment of which a property tax
levy or the full faith and credit of the unit of local government is pledged;
however, a tax for the payment of interest or principal on those bonds shall be
made only after the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those payments; (f) made
for payments under a building commission lease when the lease payments are for
the retirement of bonds issued by the commission before the date on which the
referendum making this
Law applicable to the taxing district is held to
pay for the building project; (g) made for payments due under installment
contracts entered into before the date on which the referendum making this Law
applicable to
the taxing district is held;
(h) made for payments
of principal and interest on limited bonds,
as defined in Section 3 of the Local Government Debt Reform Act, in an amount
not to exceed the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non‑referendum obligations, except
obligations initially issued pursuant to referendum; (i) made for payments
of
principal and interest on bonds issued under Section 15 of the Local Government
Debt Reform Act;
(j)
made for a qualified airport authority to pay interest or principal on
general obligation bonds issued for the purpose of paying obligations due
under, or financing airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into before March
1, 1996 (but not including any amendments to such a contract taking effect on
or after that date); (k) made to fund expenses of providing joint
recreational programs for the handicapped under Section 5‑8 of
the
Park District Code or Section 11‑95‑14 of the Illinois Municipal Code; and (l) made for contributions to a firefighter's pension fund created under Article 4 of the Illinois Pension Code, to the extent of the amount certified under item (5) of Section 4‑134 of the Illinois Pension Code.
"Aggregate extension" for all taxing districts to which this Law applies in
accordance with paragraph (2) of subsection (e) of Section 18‑213 means the
annual corporate extension for the
taxing district and those special purpose extensions that are made annually for
the taxing district, excluding special purpose extensions: (a) made for the
taxing district to pay interest or principal on general obligation bonds that
were approved by referendum; (b) made for any taxing district to pay interest
or principal on general obligation bonds issued before the effective date of
this amendatory Act of 1997;
(c) made
for any taxing district to pay interest or principal on bonds issued to refund
or continue to refund those bonds issued before the effective date
of this amendatory Act of 1997;
(d) made for any
taxing district to pay interest or principal on bonds issued to refund or
continue to refund bonds issued after the effective date of this amendatory Act
of 1997 if the bonds were approved by referendum after the effective date of
this amendatory Act of 1997;
(e) made for any
taxing district to pay interest or principal on
revenue bonds issued before the effective date of this amendatory Act of 1997
for payment of which a property tax
levy or the full faith and credit of the unit of local government is pledged;
however, a tax for the payment of interest or principal on those bonds shall be
made only after the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those payments; (f) made
for payments under a building commission lease when the lease payments are for
the retirement of bonds issued by the commission before the effective date
of this amendatory Act of 1997
to
pay for the building project; (g) made for payments due under installment
contracts entered into before the effective date of this amendatory Act of
1997;
(h) made for payments
of principal and interest on limited bonds,
as defined in Section 3 of the Local Government Debt Reform Act, in an amount
not to exceed the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non‑referendum obligations, except
obligations initially issued pursuant to referendum; (i) made for payments
of
principal and interest on bonds issued under Section 15 of the Local Government
Debt Reform Act;
(j)
made for a qualified airport authority to pay interest or principal on
general obligation bonds issued for the purpose of paying obligations due
under, or financing airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into before March
1, 1996 (but not including any amendments to such a contract taking effect on
or after that date); (k) made to fund expenses of providing joint
recreational programs for the handicapped under Section 5‑8 of
the
Park District Code or Section 11‑95‑14 of the Illinois Municipal Code; and (l) made for contributions to a firefighter's pension fund created under Article 4 of the Illinois Pension Code, to the extent of the amount certified under item (5) of Section 4‑134 of the Illinois Pension Code.
"Debt service extension base" means an amount equal to that portion of the
extension for a taxing district for the 1994 levy year, or for those taxing
districts subject to this Law in accordance with Section 18‑213, except for
those subject to paragraph (2) of subsection (e) of Section 18‑213, for the
levy
year in which the referendum making this Law applicable to the taxing district
is held, or for those taxing districts subject to this Law in accordance with
paragraph (2) of subsection (e) of Section 18‑213 for the 1996 levy year,
constituting an
extension for payment of principal and interest on bonds issued by the taxing
district without referendum, but not including excluded non‑referendum bonds. For park districts (i) that were first
subject to this Law in 1991 or 1995 and (ii) whose extension for the 1994 levy
year for the payment of principal and interest on bonds issued by the park
district without referendum (but not including excluded non‑referendum bonds)
was less than 51% of the amount for the 1991 levy year constituting an
extension for payment of principal and interest on bonds issued by the park
district without referendum (but not including excluded non‑referendum bonds),
"debt service extension base" means an amount equal to that portion of the
extension for the 1991 levy year constituting an extension for payment of
principal and interest on bonds issued by the park district without referendum
(but not including excluded non‑referendum bonds). The debt service extension
base may be established or increased as provided under Section 18‑212.
"Excluded non‑referendum bonds" means (i) bonds authorized by Public
Act 88‑503 and issued under Section 20a of the Chicago Park District Act for
aquarium and museum projects; (ii) bonds issued under Section 15 of the
Local Government Debt Reform Act; or (iii) refunding obligations issued
to refund or to continue to refund obligations initially issued pursuant to
referendum.
"Special purpose extensions" include, but are not limited to, extensions
for levies made on an annual basis for unemployment and workers'
compensation, self‑insurance, contributions to pension plans, and extensions
made pursuant to Section 6‑601 of the Illinois Highway Code for a road
district's permanent road fund whether levied annually or not. The
extension for a special service area is not included in the
aggregate extension.
"Aggregate extension base" means the taxing district's last preceding
aggregate extension as adjusted under Sections 18‑215 through 18‑230.
"Levy year" has the same meaning as "year" under Section
1‑155.
"New property" means (i) the assessed value, after final board of review or
board of appeals action, of new improvements or additions to existing
improvements on any parcel of real property that increase the assessed value of
that real property during the levy year multiplied by the equalization factor
issued by the Department under Section 17‑30, (ii) the assessed value, after
final board of review or board of appeals action, of real property not exempt
from real estate taxation, which real property was exempt from real estate
taxation for any portion of the immediately preceding levy year, multiplied by
the equalization factor issued by the Department under Section 17‑30, and
(iii) in counties that classify in accordance with Section 4 of Article
IX of the
Illinois Constitution, an incentive property's additional assessed value
resulting from a
scheduled increase in the level of assessment as applied to the first year
final board of
review market value.
In addition, the county clerk in a county containing a population of
3,000,000 or more shall include in the 1997
recovered tax increment value for any school district, any recovered tax
increment value that was applicable to the 1995 tax year calculations.
"Qualified airport authority" means an airport authority organized under
the Airport Authorities Act and located in a county bordering on the State of
Wisconsin and having a population in excess of 200,000 and not greater than
500,000.
"Recovered tax increment value" means, except as otherwise provided in this
paragraph, the amount of the current year's equalized assessed value, in the
first year after a municipality terminates
the designation of an area as a redevelopment project area previously
established under the Tax Increment Allocation Development Act in the Illinois
Municipal Code, previously established under the Industrial Jobs Recovery Law
in the Illinois Municipal Code, or previously established under the Economic
Development Area Tax Increment Allocation Act, of each taxable lot, block,
tract, or parcel of real property in the redevelopment project area over and
above the initial equalized assessed value of each property in the
redevelopment project area.
For the taxes which are extended for the 1997 levy year, the recovered tax
increment value for a non‑home rule taxing district that first became subject
to this Law for the 1995 levy year because a majority of its 1994 equalized
assessed value was in an affected county or counties shall be increased if a
municipality terminated the designation of an area in 1993 as a redevelopment
project area previously established under the Tax Increment Allocation
Development Act in the Illinois Municipal Code, previously established under
the Industrial Jobs Recovery Law in the Illinois Municipal Code, or previously
established under the Economic Development Area Tax Increment Allocation Act,
by an amount equal to the 1994 equalized assessed value of each taxable lot,
block, tract, or parcel of real property in the redevelopment project area over
and above the initial equalized assessed value of each property in the
redevelopment project area.
In the first year after a municipality
removes a taxable lot, block, tract, or parcel of real property from a
redevelopment project area established under the Tax Increment Allocation
Development Act in the Illinois
Municipal Code, the Industrial Jobs Recovery Law
in the Illinois Municipal Code, or the Economic
Development Area Tax Increment Allocation Act, "recovered tax increment value"
means the amount of the current year's equalized assessed value of each taxable
lot, block, tract, or parcel of real property removed from the redevelopment
project area over and above the initial equalized assessed value of that real
property before removal from the redevelopment project area.
Except as otherwise provided in this Section, "limiting rate" means a
fraction the numerator of which is the last
preceding aggregate extension base times an amount equal to one plus the
extension limitation defined in this Section and the denominator of which
is the current year's equalized assessed value of all real property in the
territory under the jurisdiction of the taxing district during the prior
levy year. For those taxing districts that reduced their aggregate
extension for the last preceding levy year, the highest aggregate extension
in any of the last 3 preceding levy years shall be used for the purpose of
computing the limiting rate. The denominator shall not include new
property. The denominator shall not include the recovered tax increment
value.
(Source: P.A. 92‑547, eff. 6‑13‑02; 93‑601, eff. 1‑1‑04; 93‑606, eff. 11‑18‑03; 93‑612, eff. 11‑18‑03; 93‑689, eff. 7‑1‑04.)
(Text of Section from P.A. 93‑690)
Sec. 18‑185. Short title; definitions. This Division 5 may be cited as the
Property Tax Extension Limitation Law. As used in this Division 5:
"Consumer Price Index" means the Consumer Price Index for All Urban
Consumers for all items published by the United States Department of Labor.
"Extension limitation" means (a) the lesser of 5% or the percentage increase
in the Consumer Price Index during the 12‑month calendar year preceding the
levy year or (b) the rate of increase approved by voters under Section 18‑205.
"Affected county" means a county of 3,000,000 or more inhabitants or a
county contiguous to a county of 3,000,000 or more inhabitants.
"Taxing district" has the same meaning provided in Section 1‑150, except as
otherwise provided in this Section. For the 1991 through 1994 levy years only,
"taxing district" includes only each non‑home rule taxing district having the
majority of its
1990 equalized assessed value within any county or counties contiguous to a
county with 3,000,000 or more inhabitants. Beginning with the 1995 levy
year, "taxing district" includes only each non‑home rule taxing district
subject to this Law before the 1995 levy year and each non‑home rule
taxing district not subject to this Law before the 1995 levy year having the
majority of its 1994 equalized assessed value in an affected county or
counties. Beginning with the levy year in
which this Law becomes applicable to a taxing district as
provided in Section 18‑213, "taxing district" also includes those taxing
districts made subject to this Law as provided in Section 18‑213.
"Aggregate extension" for taxing districts to which this Law applied before
the 1995 levy year means the annual corporate extension for the taxing
district and those special purpose extensions that are made annually for
the taxing district, excluding special purpose extensions: (a) made for the
taxing district to pay interest or principal on general obligation bonds
that were approved by referendum; (b) made for any taxing district to pay
interest or principal on general obligation bonds issued before October 1,
1991; (c) made for any taxing district to pay interest or principal on bonds
issued to refund or continue to refund those bonds issued before October 1,
1991; (d)
made for any taxing district to pay interest or principal on bonds
issued to refund or continue to refund bonds issued after October 1, 1991 that
were approved by referendum; (e)
made for any taxing district to pay interest
or principal on revenue bonds issued before October 1, 1991 for payment of
which a property tax levy or the full faith and credit of the unit of local
government is pledged; however, a tax for the payment of interest or principal
on those bonds shall be made only after the governing body of the unit of local
government finds that all other sources for payment are insufficient to make
those payments; (f) made for payments under a building commission lease when
the lease payments are for the retirement of bonds issued by the commission
before October 1, 1991, to pay for the building project; (g) made for payments
due under installment contracts entered into before October 1, 1991;
(h) made for payments of principal and interest on bonds issued under the
Metropolitan Water Reclamation District Act to finance construction projects
initiated before October 1, 1991; (i) made for payments of principal and
interest on limited bonds, as defined in Section 3 of the Local Government Debt
Reform Act, in an amount not to exceed the debt service extension base less
the amount in items (b), (c), (e), and (h) of this definition for
non‑referendum obligations, except obligations initially issued pursuant to
referendum; (j) made for payments of principal and interest on bonds
issued under Section 15 of the Local Government Debt Reform Act; (k)
made
by a school district that participates in the Special Education District of
Lake County, created by special education joint agreement under Section
10‑22.31 of the School Code, for payment of the school district's share of the
amounts required to be contributed by the Special Education District of Lake
County to the Illinois Municipal Retirement Fund under Article 7 of the
Illinois Pension Code; the amount of any extension under this item (k) shall be
certified by the school district to the county clerk; (l) made to fund
expenses of providing joint recreational programs for the handicapped under
Section 5‑8 of
the
Park District Code or Section 11‑95‑14 of the Illinois Municipal Code; (m) made for temporary relocation loan repayment purposes pursuant to Sections 2‑3.77 and 17‑2.2d of the School Code, and (n) made for payment of principal and interest on any bonds issued under the authority of Section 17‑2.2d of the School Code.
"Aggregate extension" for the taxing districts to which this Law did not
apply before the 1995 levy year (except taxing districts subject to this Law
in
accordance with Section 18‑213) means the annual corporate extension for the
taxing district and those special purpose extensions that are made annually for
the taxing district, excluding special purpose extensions: (a) made for the
taxing district to pay interest or principal on general obligation bonds that
were approved by referendum; (b) made for any taxing district to pay interest
or principal on general obligation bonds issued before March 1, 1995; (c) made
for any taxing district to pay interest or principal on bonds issued to refund
or continue to refund those bonds issued before March 1, 1995; (d) made for any
taxing district to pay interest or principal on bonds issued to refund or
continue to refund bonds issued after March 1, 1995 that were approved by
referendum; (e) made for any taxing district to pay interest or principal on
revenue bonds issued before March 1, 1995 for payment of which a property tax
levy or the full faith and credit of the unit of local government is pledged;
however, a tax for the payment of interest or principal on those bonds shall be
made only after the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those payments; (f) made
for payments under a building commission lease when the lease payments are for
the retirement of bonds issued by the commission before March 1, 1995 to
pay for the building project; (g) made for payments due under installment
contracts entered into before March 1, 1995; (h) made for payments of
principal and interest on bonds issued under the Metropolitan Water Reclamation
District Act to finance construction projects initiated before October 1,
1991; (i) made for payments of principal and interest on limited bonds,
as defined in Section 3 of the Local Government Debt Reform Act, in an amount
not to exceed the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non‑referendum obligations, except
obligations initially issued pursuant to referendum and bonds described in
subsection (h) of this definition; (j) made for payments of
principal and interest on bonds issued under Section 15 of the Local Government
Debt Reform Act; (k) made for payments of principal and interest on bonds
authorized by Public Act 88‑503 and issued under Section 20a of the Chicago
Park District Act for aquarium or
museum projects; (l) made for payments of principal and interest on
bonds
authorized by Public Act 87‑1191 or 93‑601 and (i) issued pursuant to Section 21.2 of the Cook County Forest
Preserve District Act, (ii) issued under Section 42 of the Cook County
Forest Preserve District Act for zoological park projects, or (iii) issued
under Section 44.1 of the Cook County Forest Preserve District Act for
botanical gardens projects; (m) made
pursuant
to Section 34‑53.5 of the School Code, whether levied annually or not;
(n) made to fund expenses of providing joint recreational programs for the
handicapped under Section 5‑8 of the Park
District Code or Section 11‑95‑14 of the Illinois Municipal Code;
and (o) made by the
Chicago Park
District for recreational programs for the handicapped under subsection (c) of
Section
7.06 of the Chicago Park District Act.
"Aggregate extension" for all taxing districts to which this Law applies in
accordance with Section 18‑213, except for those taxing districts subject to
paragraph (2) of subsection (e) of Section 18‑213, means the annual corporate
extension for the
taxing district and those special purpose extensions that are made annually for
the taxing district, excluding special purpose extensions: (a) made for the
taxing district to pay interest or principal on general obligation bonds that
were approved by referendum; (b) made for any taxing district to pay interest
or principal on general obligation bonds issued before the date on which the
referendum making this
Law applicable to the taxing district is held; (c) made
for any taxing district to pay interest or principal on bonds issued to refund
or continue to refund those bonds issued before the date on which the
referendum making this Law
applicable to the taxing district is held;
(d) made for any
taxing district to pay interest or principal on bonds issued to refund or
continue to refund bonds issued after the date on which the referendum making
this Law
applicable to the taxing district is held if the bonds were approved by
referendum after the date on which the referendum making this Law
applicable to the taxing district is held; (e) made for any
taxing district to pay interest or principal on
revenue bonds issued before the date on which the referendum making this Law
applicable to the
taxing district is held for payment of which a property tax
levy or the full faith and credit of the unit of local government is pledged;
however, a tax for the payment of interest or principal on those bonds shall be
made only after the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those payments; (f) made
for payments under a building commission lease when the lease payments are for
the retirement of bonds issued by the commission before the date on which the
referendum making this
Law applicable to the taxing district is held to
pay for the building project; (g) made for payments due under installment
contracts entered into before the date on which the referendum making this Law
applicable to
the taxing district is held;
(h) made for payments
of principal and interest on limited bonds,
as defined in Section 3 of the Local Government Debt Reform Act, in an amount
not to exceed the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non‑referendum obligations, except
obligations initially issued pursuant to referendum; (i) made for payments
of
principal and interest on bonds issued under Section 15 of the Local Government
Debt Reform Act;
(j)
made for a qualified airport authority to pay interest or principal on
general obligation bonds issued for the purpose of paying obligations due
under, or financing airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into before March
1, 1996 (but not including any amendments to such a contract taking effect on
or after that date); and (k) made to fund expenses of providing joint
recreational programs for the handicapped under Section 5‑8 of
the
Park District Code or Section 11‑95‑14 of the Illinois Municipal Code.
"Aggregate extension" for all taxing districts to which this Law applies in
accordance with paragraph (2) of subsection (e) of Section 18‑213 means the
annual corporate extension for the
taxing district and those special purpose extensions that are made annually for
the taxing district, excluding special purpose extensions: (a) made for the
taxing district to pay interest or principal on general obligation bonds that
were approved by referendum; (b) made for any taxing district to pay interest
or principal on general obligation bonds issued before the effective date of
this amendatory Act of 1997;
(c) made
for any taxing district to pay interest or principal on bonds issued to refund
or continue to refund those bonds issued before the effective date
of this amendatory Act of 1997;
(d) made for any
taxing district to pay interest or principal on bonds issued to refund or
continue to refund bonds issued after the effective date of this amendatory Act
of 1997 if the bonds were approved by referendum after the effective date of
this amendatory Act of 1997;
(e) made for any
taxing district to pay interest or principal on
revenue bonds issued before the effective date of this amendatory Act of 1997
for payment of which a property tax
levy or the full faith and credit of the unit of local government is pledged;
however, a tax for the payment of interest or principal on those bonds shall be
made only after the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those payments; (f) made
for payments under a building commission lease when the lease payments are for
the retirement of bonds issued by the commission before the effective date
of this amendatory Act of 1997
to
pay for the building project; (g) made for payments due under installment
contracts entered into before the effective date of this amendatory Act of
1997;
(h) made for payments
of principal and interest on limited bonds,
as defined in Section 3 of the Local Government Debt Reform Act, in an amount
not to exceed the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non‑referendum obligations, except
obligations initially issued pursuant to referendum; (i) made for payments
of
principal and interest on bonds issued under Section 15 of the Local Government
Debt Reform Act;
(j)
made for a qualified airport authority to pay interest or principal on
general obligation bonds issued for the purpose of paying obligations due
under, or financing airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into before March
1, 1996 (but not including any amendments to such a contract taking effect on
or after that date); and (k) made to fund expenses of providing joint
recreational programs for the handicapped under Section 5‑8 of
the
Park District Code or Section 11‑95‑14 of the Illinois Municipal Code.
"Debt service extension base" means an amount equal to that portion of the
extension for a taxing district for the 1994 levy year, or for those taxing
districts subject to this Law in accordance with Section 18‑213, except for
those subject to paragraph (2) of subsection (e) of Section 18‑213, for the
levy
year in which the referendum making this Law applicable to the taxing district
is held, or for those taxing districts subject to this Law in accordance with
paragraph (2) of subsection (e) of Section 18‑213 for the 1996 levy year,
constituting an
extension for payment of principal and interest on bonds issued by the taxing
district without referendum, but not including excluded non‑referendum bonds. For park districts (i) that were first
subject to this Law in 1991 or 1995 and (ii) whose extension for the 1994 levy
year for the payment of principal and interest on bonds issued by the park
district without referendum (but not including excluded non‑referendum bonds)
was less than 51% of the amount for the 1991 levy year constituting an
extension for payment of principal and interest on bonds issued by the park
district without referendum (but not including excluded non‑referendum bonds),
"debt service extension base" means an amount equal to that portion of the
extension for the 1991 levy year constituting an extension for payment of
principal and interest on bonds issued by the park district without referendum
(but not including excluded non‑referendum bonds). The debt service extension
base may be established or increased as provided under Section 18‑212.
"Excluded non‑referendum bonds" means (i) bonds authorized by Public
Act 88‑503 and issued under Section 20a of the Chicago Park District Act for
aquarium and museum projects; (ii) bonds issued under Section 15 of the
Local Government Debt Reform Act; or (iii) refunding obligations issued
to refund or to continue to refund obligations initially issued pursuant to
referendum.
"Special purpose extensions" include, but are not limited to, extensions
for levies made on an annual basis for unemployment and workers'
compensation, self‑insurance, contributions to pension plans, and extensions
made pursuant to Section 6‑601 of the Illinois Highway Code for a road
district's permanent road fund whether levied annually or not. The
extension for a special service area is not included in the
aggregate extension.
"Aggregate extension base" means the taxing district's last preceding
aggregate extension as adjusted under Sections 18‑215 through 18‑230.
"Levy year" has the same meaning as "year" under Section
1‑155.
"New property" means (i) the assessed value, after final board of review or
board of appeals action, of new improvements or additions to existing
improvements on any parcel of real property that increase the assessed value of
that real property during the levy year multiplied by the equalization factor
issued by the Department under Section 17‑30, (ii) the assessed value, after
final board of review or board of appeals action, of real property not exempt
from real estate taxation, which real property was exempt from real estate
taxation for any portion of the immediately preceding levy year, multiplied by
the equalization factor issued by the Department under Section 17‑30, and
(iii) in counties that classify in accordance with Section 4 of Article
IX of the
Illinois Constitution, an incentive property's additional assessed value
resulting from a
scheduled increase in the level of assessment as applied to the first year
final board of
review market value.
In addition, the county clerk in a county containing a population of
3,000,000 or more shall include in the 1997
recovered tax increment value for any school district, any recovered tax
increment value that was applicable to the 1995 tax year calculations.
"Qualified airport authority" means an airport authority organized under
the Airport Authorities Act and located in a county bordering on the State of
Wisconsin and having a population in excess of 200,000 and not greater than
500,000.
"Recovered tax increment value" means, except as otherwise provided in this
paragraph, the amount of the current year's equalized assessed value, in the
first year after a municipality terminates
the designation of an area as a redevelopment project area previously
established under the Tax Increment Allocation Development Act in the Illinois
Municipal Code, previously established under the Industrial Jobs Recovery Law
in the Illinois Municipal Code, or previously established under the Economic
Development Area Tax Increment Allocation Act, of each taxable lot, block,
tract, or parcel of real property in the redevelopment project area over and
above the initial equalized assessed value of each property in the
redevelopment project area.
For the taxes which are extended for the 1997 levy year, the recovered tax
increment value for a non‑home rule taxing district that first became subject
to this Law for the 1995 levy year because a majority of its 1994 equalized
assessed value was in an affected county or counties shall be increased if a
municipality terminated the designation of an area in 1993 as a redevelopment
project area previously established under the Tax Increment Allocation
Development Act in the Illinois Municipal Code, previously established under
the Industrial Jobs Recovery Law in the Illinois Municipal Code, or previously
established under the Economic Development Area Tax Increment Allocation Act,
by an amount equal to the 1994 equalized assessed value of each taxable lot,
block, tract, or parcel of real property in the redevelopment project area over
and above the initial equalized assessed value of each property in the
redevelopment project area.
In the first year after a municipality
removes a taxable lot, block, tract, or parcel of real property from a
redevelopment project area established under the Tax Increment Allocation
Development Act in the Illinois
Municipal Code, the Industrial Jobs Recovery Law
in the Illinois Municipal Code, or the Economic
Development Area Tax Increment Allocation Act, "recovered tax increment value"
means the amount of the current year's equalized assessed value of each taxable
lot, block, tract, or parcel of real property removed from the redevelopment
project area over and above the initial equalized assessed value of that real
property before removal from the redevelopment project area.
Except as otherwise provided in this Section, "limiting rate" means a
fraction the numerator of which is the last
preceding aggregate extension base times an amount equal to one plus the
extension limitation defined in this Section and the denominator of which
is the current year's equalized assessed value of all real property in the
territory under the jurisdiction of the taxing district during the prior
levy year. For those taxing districts that reduced their aggregate
extension for the last preceding levy year, the highest aggregate extension
in any of the last 3 preceding levy years shall be used for the purpose of
computing the limiting rate. The denominator shall not include new
property. The denominator shall not include the recovered tax increment
value.
(Source: P.A. 92‑547, eff. 6‑13‑02; 93‑601, eff. 1‑1‑04; 93‑606, eff. 11‑18‑03; 93‑612, eff. 11‑18‑03; 93‑690, eff. 7‑1‑04.)
(Text of Section from P.A. 93‑1049)
Sec. 18‑185. Short title; definitions. This Division 5 may be cited as the
Property Tax Extension Limitation Law. As used in this Division 5:
"Consumer Price Index" means the Consumer Price Index for All Urban
Consumers for all items published by the United States Department of Labor.
"Extension limitation" means (a) the lesser of 5% or the percentage increase
in the Consumer Price Index during the 12‑month calendar year preceding the
levy year or (b) the rate of increase approved by voters under Section 18‑205.
"Affected county" means a county of 3,000,000 or more inhabitants or a
county contiguous to a county of 3,000,000 or more inhabitants.
"Taxing district" has the same meaning provided in Section 1‑150, except as
otherwise provided in this Section. For the 1991 through 1994 levy years only,
"taxing district" includes only each non‑home rule taxing district having the
majority of its
1990 equalized assessed value within any county or counties contiguous to a
county with 3,000,000 or more inhabitants. Beginning with the 1995 levy
year, "taxing district" includes only each non‑home rule taxing district
subject to this Law before the 1995 levy year and each non‑home rule
taxing district not subject to this Law before the 1995 levy year having the
majority of its 1994 equalized assessed value in an affected county or
counties. Beginning with the levy year in
which this Law becomes applicable to a taxing district as
provided in Section 18‑213, "taxing district" also includes those taxing
districts made subject to this Law as provided in Section 18‑213.
"Aggregate extension" for taxing districts to which this Law applied before
the 1995 levy year means the annual corporate extension for the taxing
district and those special purpose extensions that are made annually for
the taxing district, excluding special purpose extensions: (a) made for the
taxing district to pay interest or principal on general obligation bonds
that were approved by referendum; (b) made for any taxing district to pay
interest or principal on general obligation bonds issued before October 1,
1991; (c) made for any taxing district to pay interest or principal on bonds
issued to refund or continue to refund those bonds issued before October 1,
1991; (d)
made for any taxing district to pay interest or principal on bonds
issued to refund or continue to refund bonds issued after October 1, 1991 that
were approved by referendum; (e)
made for any taxing district to pay interest
or principal on revenue bonds issued before October 1, 1991 for payment of
which a property tax levy or the full faith and credit of the unit of local
government is pledged; however, a tax for the payment of interest or principal
on those bonds shall be made only after the governing body of the unit of local
government finds that all other sources for payment are insufficient to make
those payments; (f) made for payments under a building commission lease when
the lease payments are for the retirement of bonds issued by the commission
before October 1, 1991, to pay for the building project; (g) made for payments
due under installment contracts entered into before October 1, 1991;
(h) made for payments of principal and interest on bonds issued under the
Metropolitan Water Reclamation District Act to finance construction projects
initiated before October 1, 1991; (i) made for payments of principal and
interest on limited bonds, as defined in Section 3 of the Local Government Debt
Reform Act, in an amount not to exceed the debt service extension base less
the amount in items (b), (c), (e), and (h) of this definition for
non‑referendum obligations, except obligations initially issued pursuant to
referendum; (j) made for payments of principal and interest on bonds
issued under Section 15 of the Local Government Debt Reform Act; (k)
made
by a school district that participates in the Special Education District of
Lake County, created by special education joint agreement under Section
10‑22.31 of the School Code, for payment of the school district's share of the
amounts required to be contributed by the Special Education District of Lake
County to the Illinois Municipal Retirement Fund under Article 7 of the
Illinois Pension Code; the amount of any extension under this item (k) shall be
certified by the school district to the county clerk; and (l) made to fund
expenses of providing joint recreational programs for the handicapped under
Section 5‑8 of
the
Park District Code or Section 11‑95‑14 of the Illinois Municipal Code.
"Aggregate extension" for the taxing districts to which this Law did not
apply before the 1995 levy year (except taxing districts subject to this Law
in
accordance with Section 18‑213) means the annual corporate extension for the
taxing district and those special purpose extensions that are made annually for
the taxing district, excluding special purpose extensions: (a) made for the
taxing district to pay interest or principal on general obligation bonds that
were approved by referendum; (b) made for any taxing district to pay interest
or principal on general obligation bonds issued before March 1, 1995; (c) made
for any taxing district to pay interest or principal on bonds issued to refund
or continue to refund those bonds issued before March 1, 1995; (d) made for any
taxing district to pay interest or principal on bonds issued to refund or
continue to refund bonds issued after March 1, 1995 that were approved by
referendum; (e) made for any taxing district to pay interest or principal on
revenue bonds issued before March 1, 1995 for payment of which a property tax
levy or the full faith and credit of the unit of local government is pledged;
however, a tax for the payment of interest or principal on those bonds shall be
made only after the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those payments; (f) made
for payments under a building commission lease when the lease payments are for
the retirement of bonds issued by the commission before March 1, 1995 to
pay for the building project; (g) made for payments due under installment
contracts entered into before March 1, 1995; (h) made for payments of
principal and interest on bonds issued under the Metropolitan Water Reclamation
District Act to finance construction projects initiated before October 1,
1991; (h‑4) made for stormwater management purposes by the Metropolitan Water Reclamation District of Greater Chicago under Section 12 of the Metropolitan Water Reclamation District Act; (i) made for payments of principal and interest on limited bonds,
as defined in Section 3 of the Local Government Debt Reform Act, in an amount
not to exceed the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non‑referendum obligations, except
obligations initially issued pursuant to referendum and bonds described in
subsection (h) of this definition; (j) made for payments of
principal and interest on bonds issued under Section 15 of the Local Government
Debt Reform Act; (k) made for payments of principal and interest on bonds
authorized by Public Act 88‑503 and issued under Section 20a of the Chicago
Park District Act for aquarium or
museum projects; (l) made for payments of principal and interest on
bonds
authorized by Public Act 87‑1191 or 93‑601 and (i) issued pursuant to Section 21.2 of the Cook County Forest
Preserve District Act, (ii) issued under Section 42 of the Cook County
Forest Preserve District Act for zoological park projects, or (iii) issued
under Section 44.1 of the Cook County Forest Preserve District Act for
botanical gardens projects; (m) made
pursuant
to Section 34‑53.5 of the School Code, whether levied annually or not;
(n) made to fund expenses of providing joint recreational programs for the
handicapped under Section 5‑8 of the Park
District Code or Section 11‑95‑14 of the Illinois Municipal Code;
and (o) made by the
Chicago Park
District for recreational programs for the handicapped under subsection (c) of
Section
7.06 of the Chicago Park District Act.
"Aggregate extension" for all taxing districts to which this Law applies in
accordance with Section 18‑213, except for those taxing districts subject to
paragraph (2) of subsection (e) of Section 18‑213, means the annual corporate
extension for the
taxing district and those special purpose extensions that are made annually for
the taxing district, excluding special purpose extensions: (a) made for the
taxing district to pay interest or principal on general obligation bonds that
were approved by referendum; (b) made for any taxing district to pay interest
or principal on general obligation bonds issued before the date on which the
referendum making this
Law applicable to the taxing district is held; (c) made
for any taxing district to pay interest or principal on bonds issued to refund
or continue to refund those bonds issued before the date on which the
referendum making this Law
applicable to the taxing district is held;
(d) made for any
taxing district to pay interest or principal on bonds issued to refund or
continue to refund bonds issued after the date on which the referendum making
this Law
applicable to the taxing district is held if the bonds were approved by
referendum after the date on which the referendum making this Law
applicable to the taxing district is held; (e) made for any
taxing district to pay interest or principal on
revenue bonds issued before the date on which the referendum making this Law
applicable to the
taxing district is held for payment of which a property tax
levy or the full faith and credit of the unit of local government is pledged;
however, a tax for the payment of interest or principal on those bonds shall be
made only after the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those payments; (f) made
for payments under a building commission lease when the lease payments are for
the retirement of bonds issued by the commission before the date on which the
referendum making this
Law applicable to the taxing district is held to
pay for the building project; (g) made for payments due under installment
contracts entered into before the date on which the referendum making this Law
applicable to
the taxing district is held;
(h) made for payments
of principal and interest on limited bonds,
as defined in Section 3 of the Local Government Debt Reform Act, in an amount
not to exceed the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non‑referendum obligations, except
obligations initially issued pursuant to referendum; (i) made for payments
of
principal and interest on bonds issued under Section 15 of the Local Government
Debt Reform Act;
(j)
made for a qualified airport authority to pay interest or principal on
general obligation bonds issued for the purpose of paying obligations due
under, or financing airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into before March
1, 1996 (but not including any amendments to such a contract taking effect on
or after that date); and (k) made to fund expenses of providing joint
recreational programs for the handicapped under Section 5‑8 of
the
Park District Code or Section 11‑95‑14 of the Illinois Municipal Code.
"Aggregate extension" for all taxing districts to which this Law applies in
accordance with paragraph (2) of subsection (e) of Section 18‑213 means the
annual corporate extension for the
taxing district and those special purpose extensions that are made annually for
the taxing district, excluding special purpose extensions: (a) made for the
taxing district to pay interest or principal on general obligation bonds that
were approved by referendum; (b) made for any taxing district to pay interest
or principal on general obligation bonds issued before the effective date of
this amendatory Act of 1997;
(c) made
for any taxing district to pay interest or principal on bonds issued to refund
or continue to refund those bonds issued before the effective date
of this amendatory Act of 1997;
(d) made for any
taxing district to pay interest or principal on bonds issued to refund or
continue to refund bonds issued after the effective date of this amendatory Act
of 1997 if the bonds were approved by referendum after the effective date of
this amendatory Act of 1997;
(e) made for any
taxing district to pay interest or principal on
revenue bonds issued before the effective date of this amendatory Act of 1997
for payment of which a property tax
levy or the full faith and credit of the unit of local government is pledged;
however, a tax for the payment of interest or principal on those bonds shall be
made only after the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those payments; (f) made
for payments under a building commission lease when the lease payments are for
the retirement of bonds issued by the commission before the effective date
of this amendatory Act of 1997
to
pay for the building project; (g) made for payments due under installment
contracts entered into before the effective date of this amendatory Act of
1997;
(h) made for payments
of principal and interest on limited bonds,
as defined in Section 3 of the Local Government Debt Reform Act, in an amount
not to exceed the debt service extension base less the amount in items (b),
(c), and (e) of this definition for non‑referendum obligations, except
obligations initially issued pursuant to referendum; (i) made for payments
of
principal and interest on bonds issued under Section 15 of the Local Government
Debt Reform Act;
(j)
made for a qualified airport authority to pay interest or principal on
general obligation bonds issued for the purpose of paying obligations due
under, or financing airport facilities required to be acquired, constructed,
installed or equipped pursuant to, contracts entered into before March
1, 1996 (but not including any amendments to such a contract taking effect on
or after that date); and (k) made to fund expenses of providing joint
recreational programs for the handicapped under Section 5‑8 of
the
Park District Code or Section 11‑95‑14 of the Illinois Municipal Code.
"Debt service extension base" means an amount equal to that portion of the
extension for a taxing district for the 1994 levy year, or for those taxing
districts subject to this Law in accordance with Section 18‑213, except for
those subject to paragraph (2) of subsection (e) of Section 18‑213, for the
levy
year in which the referendum making this Law applicable to the taxing district
is held, or for those taxing districts subject to this Law in accordance with
paragraph (2) of subsection (e) of Section 18‑213 for the 1996 levy year,
constituting an
extension for payment of principal and interest on bonds issued by the taxing
district without referendum, but not including excluded non‑referendum bonds. For park districts (i) that were first
subject to this Law in 1991 or 1995 and (ii) whose extension for the 1994 levy
year for the payment of principal and interest on bonds issued by the park
district without referendum (but not including excluded non‑referendum bonds)
was less than 51% of the amount for the 1991 levy year constituting an
extension for payment of principal and interest on bonds issued by the park
district without referendum (but not including excluded non‑referendum bonds),
"debt service extension base" means an amount equal to that portion of the
extension for the 1991 levy year constituting an extension for payment of
principal and interest on bonds issued by the park district without referendum
(but not including excluded non‑referendum bonds). The debt service extension
base may be established or increased as provided under Section 18‑212.
"Excluded non‑referendum bonds" means (i) bonds authorized by Public
Act 88‑503 and issued under Section 20a of the Chicago Park District Act for
aquarium and museum projects; (ii) bonds issued under Section 15 of the
Local Government Debt Reform Act; or (iii) refunding obligations issued
to refund or to continue to refund obligations initially issued pursuant to
referendum.
"Special purpose extensions" include, but are not limited to, extensions
for levies made on an annual basis for unemployment and workers'
compensation, self‑insurance, contributions to pension plans, and extensions
made pursuant to Section 6‑601 of the Illinois Highway Code for a road
district's permanent road fund whether levied annually or not. The
extension for a special service area is not included in the
aggregate extension.
"Aggregate extension base" means the taxing district's last preceding
aggregate extension as adjusted under Sections 18‑215 through 18‑230.
"Levy year" has the same meaning as "year" under Section
1‑155.
"New property" means (i) the assessed value, after final board of review or
board of appeals action, of new improvements or additions to existing
improvements on any parcel of real property that increase the assessed value of
that real property during the levy year multiplied by the equalization factor
issued by the Department under Section 17‑30, (ii) the assessed value, after
final board of review or board of appeals action, of real property not exempt
from real estate taxation, which real property was exempt from real estate
taxation for any portion of the immediately preceding levy year, multiplied by
the equalization factor issued by the Department under Section 17‑30, and
(iii) in counties that classify in accordance with Section 4 of Article
IX of the
Illinois Constitution, an incentive property's additional assessed value
resulting from a
scheduled increase in the level of assessment as applied to the first year
final board of
review market value.
In addition, the county clerk in a county containing a population of
3,000,000 or more shall include in the 1997
recovered tax increment value for any school district, any recovered tax
increment value that was applicable to the 1995 tax year calculations.
"Qualified airport authority" means an airport authority organized under
the Airport Authorities Act and located in a county bordering on the State of
Wisconsin and having a population in excess of 200,000 and not greater than
500,000.
"Recovered tax increment value" means, except as otherwise provided in this
paragraph, the amount of the current year's equalized assessed value, in the
first year after a municipality terminates
the designation of an area as a redevelopment project area previously
established under the Tax Increment Allocation Development Act in the Illinois
Municipal Code, previously established under the Industrial Jobs Recovery Law
in the Illinois Municipal Code, or previously established under the Economic
Development Area Tax Increment Allocation Act, of each taxable lot, block,
tract, or parcel of real property in the redevelopment project area over and
above the initial equalized assessed value of each property in the
redevelopment project area.
For the taxes which are extended for the 1997 levy year, the recovered tax
increment value for a non‑home rule taxing district that first became subject
to this Law for the 1995 levy year because a majority of its 1994 equalized
assessed value was in an affected county or counties shall be increased if a
municipality terminated the designation of an area in 1993 as a redevelopment
project area previously established under the Tax Increment Allocation
Development Act in the Illinois Municipal Code, previously established under
the Industrial Jobs Recovery Law in the Illinois Municipal Code, or previously
established under the Economic Development Area Tax Increment Allocation Act,
by an amount equal to the 1994 equalized assessed value of each taxable lot,
block, tract, or parcel of real property in the redevelopment project area over
and above the initial equalized assessed value of each property in the
redevelopment project area.
In the first year after a municipality
removes a taxable lot, block, tract, or parcel of real property from a
redevelopment project area established under the Tax Increment Allocation
Development Act in the Illinois
Municipal Code, the Industrial Jobs Recovery Law
in the Illinois Municipal Code, or the Economic
Development Area Tax Increment Allocation Act, "recovered tax increment value"
means the amount of the current year's equalized assessed value of each taxable
lot, block, tract, or parcel of real property removed from the redevelopment
project area over and above the initial equalized assessed value of that real
property before removal from the redevelopment project area.
Except as otherwise provided in this Section, "limiting rate" means a
fraction the numerator of which is the last
preceding aggregate extension base times an amount equal to one plus the
extension limitation defined in this Section and the denominator of which
is the current year's equalized assessed value of all real property in the
territory under the jurisdiction of the taxing district during the prior
levy year. For those taxing districts that reduced their aggregate
extension for the last preceding levy year, the highest aggregate extension
in any of the last 3 preceding levy years shall be used for the purpose of
computing the limiting rate. The denominator shall not include new
property. The denominator shall not include the recovered tax increment
value.
(Source: P.A. 92‑547, eff. 6‑13‑02; 93‑601, eff. 1‑1‑04; 93‑606, eff. 11‑18‑03; 93‑612, eff. 11‑18‑03; 93‑1049, eff. 11‑17‑04.)
(35 ILCS 200/18‑190)
Sec. 18‑190.
Direct referendum; new rate or increased rate.
If a new rate
or a rate increase is authorized by statute to be imposed without referendum or
is subject to a backdoor referendum, as defined in Section 28‑2 of the Election
Code, the governing body of the affected taxing district before levying the new
rate or rate increase shall submit the new rate or rate increase to direct
referendum under the provisions of Article 28 of the Election Code. Rates
required to extend taxes on levies subject to a backdoor referendum in each
year there is a levy are not new rates or rate increases under this Section if
a
levy has been made for the fund in one or more of the preceding 3 levy
years. Changes made by this amendatory Act of 1997 to this Section in
reference to rates required to extend taxes on levies subject to a backdoor
referendum in each year there is a levy are declarative of existing law and not
a new enactment. Whenever other applicable law authorizes a taxing district
subject to the
limitation
with respect to its aggregate extension provided for in this Law to issue bonds
or other obligations either without referendum or subject to backdoor
referendum, the taxing district may elect for each separate bond issuance to
submit the question of the issuance of the bonds or obligations directly to the
voters of the taxing district, and if the referendum passes the taxing
district is not required to comply with any backdoor referendum
procedures or requirements set forth in the other applicable law. The
direct referendum shall be initiated by ordinance or resolution of the
governing body of the taxing district, and the question shall be certified
to the proper election authorities in accordance with the provisions of the
Election Code.
(Source: P.A. 88‑455; 88‑670, eff. 12‑2‑94; 89‑385, eff. 8‑18‑95; 89‑718,
eff. 3‑7‑97.)
|
(35 ILCS 200/18‑190.5)
Sec. 18‑190.5.
School districts.
The requirements of
Section 18‑190 of this Code for a direct referendum on the
imposition of a new or increased tax rate do not apply to tax
levies that are not included in the aggregate extension for those
taxing districts to which this Law did not apply before the 1995 levy
year (except taxing districts subject to this Law in accordance with
Section 18‑213 of this Code) pursuant to clause (m) of Section 18‑185
of this Code.
(Source: P.A. 92‑547, eff. 6‑13‑02.)
|
(35 ILCS 200/18‑195)
Sec. 18‑195.
Limitation.
Tax extensions made under Sections 18‑45 and 18‑105
are further limited by the provisions of this Law.
For those taxing districts that have levied in any previous levy year for any
funds included in the aggregate extension, the county clerk shall extend a rate
for the sum of these funds that is no greater than the limiting rate.
For those taxing districts that have never levied for any funds included in
the aggregate extension, the county clerk shall extend an amount no greater
than the amount approved by the voters in a referendum under Section 18‑210.
If the county clerk is required to reduce the aggregate extension of a
taxing district by provisions of this Law, the county clerk shall
proportionally reduce the extension for each fund unless otherwise
requested by the taxing district.
Upon written request of the corporate authority of a village, the county
clerk
shall calculate separate limiting rates for the library funds and for the
aggregate of the other village funds in order to reduce the funds as may be
required under provisions of this Law. In calculating the limiting rate for
the library, the county clerk shall use only the part of the aggregate
extension base applicable to the library, and for any rate increase or decrease
factor under Section 18‑230 the county clerk shall use only any new rate or
rate increase applicable to the library funds and the part of the rate
applicable to the library in determining factors under that Section. The
county clerk shall calculate the limiting rate for all other village funds
using only the part of the aggregate extension base not applicable to the
library, and for any rate increase or decrease factor under Section 18‑230 the
county clerk shall use only any new rate or rate increase not applicable to the
library funds and the part of the rate not applicable to the library in
determining factors under that Section. If the county clerk is required to
reduce the aggregate extension of the library portion of the levy, the county
clerk shall proportionally reduce the extension for
each library fund unless otherwise requested by the library board. If the
county clerk is required to reduce the aggregate extension of the portion of
the
levy not applicable to the library, the county clerk shall proportionally
reduce
the extension for each fund not applicable to the library unless otherwise
requested by the village.
Beginning with the 1998 levy year upon written direction of a county or
township community mental health board, the county clerk shall calculate
separate
limiting rates for the community mental health funds and for the aggregate of
the other county or township funds in order to reduce the funds as may be
required under provisions of this Law. In calculating the limiting rate for
the community mental health funds, the county clerk shall use only the part of
the aggregate
extension base applicable to the community mental health funds; and for any
rate increase or decrease
factor under Section 18‑230, the county clerk shall use only any new rate or
rate increase applicable to the community mental health funds and the part of
the rate
applicable to the community mental health board in determining factors under
that Section. The
county clerk shall calculate the limiting rate for all other county or township
funds
using only the part of the aggregate extension base not applicable to community
mental health funds; and for any rate increase or decrease factor under
Section 18‑230, the
county clerk shall use only any new rate or rate increase not applicable to the
community mental health funds and the part of the rate not applicable to the
community
mental health board in
determining factors under that Section. If the county clerk is required to
reduce the aggregate extension of the community mental health board portion of
the levy, the county
clerk shall proportionally reduce the extension for
each community mental health fund unless otherwise directed by the community
mental
health board. If the
county clerk is required to reduce the aggregate extension of the portion of
the
levy not applicable to the community mental health board, the county clerk
shall proportionally
reduce
the extension for each fund not applicable to the community mental health board
unless otherwise
directed by the county or township.
Beginning with the 2001 levy year upon written direction of a county or
township board for care and treatment of persons with a developmental
disability, the county clerk shall calculate separate
limiting rates for the funds for persons with a developmental disability and
for
the aggregate of
the other county or township funds in order to reduce the funds as may be
required under provisions of this Law. In calculating the limiting rate for
the funds for persons with a developmental disability, the county clerk shall
use only the part of
the aggregate
extension base applicable to the funds for persons with a developmental
disability; and for any
rate increase or decrease
factor under Section 18‑230, the county clerk shall use only any new rate or
rate increase applicable to the funds for persons with a developmental
disability and the part of
the rate
applicable to the board for care and treatment of persons with a developmental
disability in determining factors under
that Section. The
county clerk shall calculate the limiting rate for all other county or township
funds
using only the part of the aggregate extension base not applicable to
funds for persons with a developmental disability; and for any rate increase or
decrease factor under
Section 18‑230, the
county clerk shall use only any new rate or rate increase not applicable to the
funds for persons with a developmental disability and the part of the rate not
applicable to the
board for care and treatment of persons with a developmental disability in
determining factors under that Section. If the county clerk is required to
reduce the aggregate extension of the board for care and treatment of persons
with a developmental disability portion of
the levy, the county
clerk shall proportionally reduce the extension for
each fund for persons with a developmental disability unless otherwise directed
by the board for care and treatment of persons with a developmental disability.
If the
county clerk is required to reduce the aggregate extension of the portion of
the levy not applicable to the board for care and treatment of persons with a
developmental disability, the county clerk shall proportionally reduce the
extension for each fund not applicable to the board for care and treatment of
persons with a developmental disability unless otherwise directed by the county
or township.
(Source: P.A. 90‑339, eff. 8‑8‑97; 90‑652, eff. 7‑28‑98; 91‑859, eff.
6‑22‑00.)
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(35 ILCS 200/18‑197)
Sec. 18‑197.
Maywood Public Library District Tax Levy Validation (2002)
Law. The provisions of the Property Tax Extension Limitation Law are subject to
the Maywood Public Library District Tax Levy Validation (2002) Law.
(Source: P.A. 92‑884, eff. 1‑13‑03.)
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(35 ILCS 200/18‑200)
Sec. 18‑200.
School Code.
A school district's State aid shall not be
reduced under the computation under subsections 5(a) through 5(h) of Part A of
Section 18‑8 of the School Code due to the operating tax rate falling from
above the minimum requirement of that Section of the School Code to below the
minimum requirement of that Section of the School Code due to the operation of
this Law.
(Source: P.A. 87‑17; 88‑455.)
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(35 ILCS 200/18‑205)
Sec. 18‑205.
Referendum to increase the extension limitation.
A taxing
district is limited to an extension increase of 5% or the percentage increase
in the Consumer Price Index during the 12‑month calendar year preceding the
levy year, whichever is less. A taxing district may increase its extension
limitation for a current levy year if that taxing district holds a referendum
before the levy date at which a majority of voters voting on the issue approves
adoption of a higher extension limitation. Referenda shall be conducted at a
regularly scheduled election in accordance with the Election Code provided
that notice of the referendum, if held before July 1, 1999, has been given in
accordance with the provisions of Section 12‑5 of the Election Code in effect
at the time of the bond referendum, at least 10 and not more than 45 days
before the date of the election, notwithstanding the time for publication
otherwise imposed by Section 12‑5. Notices required in connection with the
submission of public questions on or after July 1, 1999 shall be as set forth
in Section 12‑5 of the Election Code. The question shall be presented in
substantially the following manner:
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
Shall the extension limitation
under the Property Tax Extension
Limitation Law for ...(taxing YES
district name)... be increased from
...(the lesser of 5% or the increase ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
in the Consumer Price Index over the
prior levy year)...% to ...(percentage NO
of proposed increase)...% for the
...(levy year)... levy year?
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
If a majority of voters voting on the issue approves the adoption of
the increase, the increase shall be applicable for the levy year specified.
(Source: P.A. 90‑812, eff. 1‑26‑99; 91‑57, eff. 6‑30‑99.)
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(35 ILCS 200/18‑210)
Sec. 18‑210.
Establishing a new levy.
Except as provided in Section 18‑215,
as it relates to a transfer of a service, before a county clerk may extend
taxes for funds subject to the limitations of this Law, a new taxing district
or a taxing district with an aggregate extension base of zero shall hold a
referendum establishing a maximum aggregate extension for the levy year. The
maximum aggregate extension is established for the current levy year if a
taxing district has held a referendum before the levy date at which the
majority voting on the issue approves its adoption. The referendum under this
Section may be held at the same time as the referendum on creating a new taxing
district. The question shall be submitted to the voters at a regularly
scheduled election in accordance with the Election Code
provided that notice of referendum, if held
before July 1, 1999,
has been given in accordance with the provisions of Section
12‑5
of the Election Code in effect at the time of the bond referendum, at least
10 and not more than 45 days before the date of
the election, notwithstanding the time for publication otherwise imposed by
Section 12‑5.
Notices required in connection with the submission of public questions on or
after
July 1, 1999 shall be as set forth in Section 12‑5 of the Election Code. The
question shall be submitted
in substantially the
following form:
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
Under the Property Tax Extension
Limitation Law, may an YES
aggregate extension not to exceed ...
(aggregate extension amount) ... ‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
be made for the ... (taxing
district name) ... for the NO
... (levy year) ... levy year?
‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑‑
If a majority of voters voting on the increase approves the adoption of the
aggregate extension, the extension shall be effective for the levy year
specified.
(Source: P.A. 90‑812, eff. 1‑26‑99; 91‑57, eff. 6‑30‑99.)
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(35 ILCS 200/18‑212)
Sec. 18‑212.
Referendum on debt service extension base.
A taxing district
may establish or increase its debt service extension base if
(i) that taxing district holds a referendum before the date on which the levy
must
be filed with the county clerk of the county or counties in which the taxing
district is situated and (ii) a majority of voters voting on the issue approves
the establishment of or increase in the debt service extension base. Referenda
under
this
Section shall be conducted at a regularly scheduled election in accordance with
the Election Code. The governing body of the taxing district shall certify the
question to the proper election authorities who shall submit the question to
the electors of the taxing district in substantially the following form:
"Shall the debt service extension base under the |
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Property Tax Extension Limitation Law for ... (taxing district name) ... for payment of principal and interest on limited bonds be .... ((established at $ ....) . (or) (increased from $ .... to $ ....)) .. for the ..... levy year and all subsequent levy years?"
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Votes on the question shall be recorded as "Yes" or "No".
If a majority of voters voting on the issue approves the establishment of or
increase
in the debt service extension base, the establishment of or increase in the
debt
service extension base shall be applicable for the levy years specified.
(Source: P.A. 89‑385, eff. 8‑18‑95.)
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(35 ILCS 200/18‑213)
Sec. 18‑213.
Referenda on applicability of the Property Tax Extension
Limitation Law.
(a) The provisions of this Section do not apply to a taxing district
subject
to this Law because a majority of its 1990 equalized assessed value is in a
county or counties contiguous to a county of 3,000,000 or more inhabitants, or
because a majority of its 1994 equalized assessed value is in an affected
county and the taxing district was not subject to this Law before the 1995 levy
year.
(b) The county board of a county that is not subject to this Law
may, by ordinance or resolution, submit to the voters of the
county the question of whether to
make all non‑home rule taxing districts
that
have all or a portion of their equalized assessed valuation
situated in the county subject to this Law in the manner set forth in this
Section.
For purposes of this Section only:
"Taxing district" has the same meaning provided in Section 1‑150.
"Equalized
assessed valuation" means the equalized assessed valuation for a taxing
district for the immediately preceding levy year.
(c) The ordinance or resolution shall request the submission of
the
proposition at any election, except a consolidated primary election, for the
purpose of voting for or against making the Property
Tax Extension Limitation Law applicable to all non‑home rule taxing districts
that have all
or a
portion of their equalized assessed valuation situated in the county.
The question shall be placed on a separate
ballot and shall be in substantially the following form:
Shall the Property Tax Extension Limitation Law (35 |
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ILCS 200/18‑185 through 18‑245), which limits annual property tax extension increases, apply to non‑home rule taxing districts with all or a portion of their equalized assessed valuation located in (name of county)?
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Votes on the question shall be recorded as "yes" or "no".
(d) The county clerk
shall order the proposition submitted to the electors of the county
at the election specified in the ordinance or resolution.
If part of the county is under the jurisdiction of
a board or boards of election commissioners, the county clerk
shall submit a certified copy of
the ordinance or resolution to each board of election commissioners,
which shall order the
proposition submitted to the electors of the taxing district within its
jurisdiction at the election specified in the ordinance or resolution.
(e) (1) With respect to taxing districts having all of
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their equalized assessed valuation located in the county, if a majority of the votes cast on the proposition are in favor of the proposition, then this Law becomes applicable to the taxing district beginning on January 1 of the year following the date of the referendum.
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(2) With respect to taxing districts that meet all
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the following conditions this Law shall become applicable to the taxing district beginning on January 1, 1997. The districts to which this paragraph (2) is applicable
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(A) do not have all of their equalized assessed
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valuation located in a single county,
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(B) have equalized assessed valuation in an
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(C) meet the condition that each county, other
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than an affected county, in which any of the equalized assessed valuation of the taxing district is located has held a referendum under this Section at any election, except a consolidated primary election, held prior to the effective date of this amendatory Act of 1997, and
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(D) have a majority of the district's equalized
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assessed valuation located in one or more counties in each of which the voters have approved a referendum under this Section prior to the effective date of this amendatory Act of 1997. For purposes of this Section, in determining whether a majority of the equalized assessed valuation of the taxing district is located in one or more counties in which the voters have approved a referendum under this Section, the equalized assessed valuation of the taxing district in any affected county shall be included with the equalized assessed value of the taxing district in counties in which the voters have approved the referendum.
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(3) With respect to taxing districts that do not
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have all of their equalized assessed valuation located in a single county and to which paragraph (2) of subsection (e) is not applicable, if each county other than an affected county in which any of the equalized assessed valuation of the taxing district is located has held a referendum under this Section at any election, except a consolidated primary election, held in any year and if a majority of the equalized assessed valuation of the taxing district is located in one or more counties that have each approved a referendum under this Section, then this Law shall become applicable to the taxing district on January 1 of the year following the year in which the last referendum in a county in which the taxing district has any equalized assessed valuation is held. For the purposes of this Law, the last referendum shall be deemed to be the referendum making this Law applicable to the taxing district. For purposes of this Section, in determining whether a majority of the equalized assessed valuation of the taxing district is located in one or more counties that have approved a referendum under this Section, the equalized assessed valuation of the taxing district in any affected county shall be included with the equalized assessed value of the taxing district in counties that have approved the referendum.
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(f) Immediately after a referendum is held under this Section, the county
clerk of the
county holding the referendum shall give notice of the referendum having been
held and its results to all taxing districts that have all
or a portion of their equalized assessed valuation located in the county, the
county clerk of any other county in which any of the equalized assessed
valuation of any taxing district is located, and the Department of Revenue.
After the last referendum affecting a multi‑county taxing district is held, the
Department of Revenue
shall determine whether the taxing district is subject to this Law
and, if so, shall notify the taxing district and the county clerks of all of
the
counties in which a portion of the equalized assessed valuation of the
taxing district is located that, beginning the following January 1, the
taxing
district is subject to this Law.
For each taxing district subject to paragraph (2) of subsection (e) of this
Section, the Department of Revenue shall notify the taxing district and the
county clerks of all of the counties in which a portion of the equalized
assessed valuation of the taxing district is located that, beginning January 1,
1997, the taxing district is subject to this Law.
(g) Referenda held under this Section shall be conducted in accordance with
the Election Code.
(Source: P.A. 89‑510, eff. 7‑11‑96; 89‑718, eff. 3‑7‑97.)
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(35 ILCS 200/18‑214)
Sec. 18‑214.
Referenda on removal of the applicability of the Property Tax
Extension Limitation Law to non‑home rule taxing districts.
(a) The provisions of this Section do not apply to a taxing district that is
subject to this Law because a majority of its 1990 equalized assessed value is
in a county or counties contiguous to a county of 3,000,000 or more
inhabitants, or because a majority of its 1994 equalized assessed value is in
an
affected county and the taxing district was not subject to this Law before the
1995 levy year.
(b) For purposes of this Section only:
"Taxing district" means any non‑home rule taxing district that became subject
to this Law under Section 18‑213 of this Law.
"Equalized assessed valuation" means the equalized assessed valuation for a
taxing district for the immediately preceding levy year.
(c) The county board of a county that became subject to this Law by a
referendum approved by the voters of the county under Section 18‑213 may, by
ordinance or resolution, in the manner set forth in this Section, submit to the
voters of the county the question of whether this Law applies to all non‑home
rule taxing
districts that have all or a portion of their equalized assessed valuation
situated in the county in the manner set forth in this Section.
(d) The ordinance or resolution shall request the submission of the
proposition at any election, except a consolidated primary election, for the
purpose of voting for or against the continued application of the Property Tax
Extension Limitation Law to all non‑home rule taxing districts that have all or
a portion of their equalized assessed valuation situated in the county.
The question shall be placed on a separate ballot and shall be in
substantially the following form:
Shall the Property Tax Extension Limitation Law (35 |
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ILCS 200/18‑185 through 35 ILCS 200/18‑245), which limits annual property tax extension increases, apply to non‑home rule taxing districts with all or a portion of their equalized assessed valuation located in (name of county)?
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Votes on the question shall be recorded as "yes" or "no".
(e) The county clerk shall order the proposition submitted to the electors
of the county at the election specified in the ordinance or resolution. If
part of the county is under the jurisdiction of a board or boards of election
commissioners, the county clerk shall submit a certified copy of the ordinance
or resolution to each board of election commissioners, which shall order the
proposition submitted to the electors of the taxing district within its
jurisdiction at the election specified in the ordinance or resolution.
(f) With respect to taxing districts having all of their equalized assessed
valuation located in one county, if a majority of the votes cast on the
proposition are against the proposition, then this Law shall not apply to the
taxing district beginning on January 1 of the year following the date of
the referendum.
(g) With respect to taxing districts that do not have all of their
equalized assessed valuation located in a single county, if both of the
following conditions are met, then this Law shall no longer apply to the taxing
district beginning on January 1 of the year following the date of the
referendum.
(1) Each county in which the district has any
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equalized assessed valuation must either, (i) have held a referendum under this Section, (ii) be an affected county, or (iii) have held a referendum under Section 18‑213 at which the voters rejected the proposition at the most recent election at which the question was on the ballot in the county.
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(2) The majority of the equalized assessed valuation
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of the taxing district, other than any equalized assessed valuation in an affected county, is in one or more counties in which the voters rejected the proposition. For purposes of this Section, in determining whether a majority of the equalized assessed valuation of the taxing district is located in one or more counties in which the voters have rejected the proposition under this Section, the equalized assessed valuation of any taxing district in a county which has held a referendum under Section 18‑213 at which the voters rejected that proposition, at the most recent election at which the question was on the ballot in the county, will be included with the equalized assessed value of the taxing district in counties in which the voters have rejected the referendum held under this Section.
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(h) Immediately after a referendum is held under this Section, the county
clerk of the county holding the referendum shall give notice of the referendum
having been held and its results to all taxing districts that have all or a
portion of their equalized assessed valuation located in the county, the county
clerk of any other county in which any of the equalized assessed valuation of
any such taxing district is located, and the Department of Revenue. After the
last
referendum affecting a multi‑county taxing district is held, the Department of
Revenue shall determine whether the taxing district is no longer subject to
this Law and, if the taxing district is no longer subject to this Law, the
Department of Revenue shall notify the taxing district and the county clerks of
all of the counties in which a portion of the equalized assessed valuation of
the taxing district is located that, beginning on January 1 of the
year following the date of the last
referendum, the taxing district is no longer subject to this Law.
(Source: P.A. 89‑718, eff. 3‑7‑97.)
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(35 ILCS 200/18‑215)
Sec. 18‑215.
Merging and consolidating taxing districts; transfer of
service. For purposes of
this Law, when 2 or more taxing districts merge or consolidate, the sum of the
last preceding aggregate extensions for each taxing district shall be
combined for the resulting merged or consolidated taxing district. When a
service performed by one taxing district is transferred to another
taxing district, that part of the aggregate extension base for that
purpose shall be transferred and added to the aggregate extension base of
the transferee taxing district for purposes of this Law and shall be
deducted from the aggregate extension base of the transferor taxing
district. If the service and corresponding portion of the aggregate
extension base transferred to the taxing district are for a service that the
transferee district does not currently levy for, the provisions of Section
18‑190 of this Law requiring a referendum to establish a new levy shall not
apply.
(Source: P.A. 90‑719, eff. 8‑7‑98.)
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(35 ILCS 200/18‑220)
Sec. 18‑220.
(Repealed).
(Source: Repealed by P.A. 89‑1, eff. 2‑12‑95.)
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(35 ILCS 200/18‑225)
Sec. 18‑225.
Annexed or disconnected property.
If property is annexed
into the taxing
district or is disconnected from a taxing district during the current levy
year, the calculation of the limiting rate
under Section 18‑185 is not affected. The rates as limited under this Law are
applied to all property in the district for the current levy year,
excluding property that was annexed
after the adoption of the levy for the current levy year.
(Source: P.A. 88‑455; 89‑1, eff. 2‑12‑95.)
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(35 ILCS 200/18‑230)
Sec. 18‑230.
Rate increase or decrease factor.
When a new rate or a rate
increase or decrease first effective for the current levy year has been
approved by referendum, the aggregate extension base, as adjusted in Sections
18‑215 and 18‑220, shall be multiplied by a rate increase (or decrease) factor.
The numerator of the rate increase (or decrease) factor is the total combined
rate for the funds that made up the aggregate extension for the taxing district
for the prior year plus the rate increase approved or minus the rate decrease
approved. The denominator of the rate increase or decrease factor is the total
combined rate for the funds that made up the aggregate extension for the prior
year. For those taxing districts for which a new rate or a rate increase has
been approved by referendum held after December 31, 1988, and
that did not increase their rate to the new maximum rate for that fund, the
rate increase factor shall be adjusted for 4 levy years after the year
of the referendum by a factor the numerator of which is the portion of the
new or increased rate for which taxes were not extended plus the aggregate
rate in effect for the levy year prior to the levy year in which the
referendum was passed and the denominator of which is the aggregate rate in
effect for the levy year prior to the levy year in which the referendum
was passed.
(Source: P.A. 87‑17; 88‑455.)
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(35 ILCS 200/18‑235)
Sec. 18‑235.
Tax increment financing districts.
Extensions allocable to a
special tax allocation fund and the amount of taxes abated under Sections
18‑165 and 18‑170 are not included in the aggregate extension base when
computing the limiting rate.
(Source: P.A. 87‑17; 88‑455.)
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(35 ILCS 200/18‑240)
Sec. 18‑240.
Certification of new property.
(a) The township assessor,
the
multi‑township assessor, the chief county assessment officer, the board of
review, and the board of appeals shall cause the assessed value attributable
to new property to be entered and certified in the assessment books under rules
promulgated by the Department.
(b) For the levy year in which this Law first becomes applicable to a
county pursuant to Section 18‑213, the chief county assessment
officer shall certify to the county clerk, after all changes by the board of
review or board of appeals, as the case may be, the assessed value of new
property by taxing districts for that levy year under rules promulgated by the
Department.
(Source: P.A. 88‑455; 89‑510, eff. 1‑1‑97.)
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(35 ILCS 200/18‑241)
Sec. 18‑241.
School Finance Authority.
(a) A School Finance Authority established under Article 1E or 1F of
the School Code shall not be a taxing district for purposes of this Law.
(b) This Law shall not apply to the extension of taxes for a
school district for the levy year in which a School Finance
Authority for the district is created pursuant to Article 1E or 1F of the
School Code.
(Source: P.A. 92‑547, eff. 6‑13‑02; 93‑501, eff. 8‑11‑03.)
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(35 ILCS 200/18‑243)
Sec. 18‑243.
Severability.
The provisions of the Property Tax Extension
Limitation Law are severable under Section 1.31 of the Statute on Statutes.
(Source: P.A. 89‑1, eff. 2‑12‑95.)
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(35 ILCS 200/18‑245)
Sec. 18‑245.
Rules.
The Department shall make and promulgate reasonable
rules relating to the administration of the purposes and provisions of Sections
18‑185 through 18‑240 as may be necessary or appropriate.
(Source: P.A. 87‑17; 88‑455.)
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