Bill Text: IL HB4568 | 2023-2024 | 103rd General Assembly | Engrossed
Bill Title: Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that a levy authorized for contributions to a Firefighters' Pension Fund for a municipality with a population of 500,000 or less is not considered a new rate. Effective immediately.
Spectrum: Partisan Bill (Democrat 2-0)
Status: (Introduced) 2024-04-19 - Rule 19(a) / Re-referred to Rules Committee [HB4568 Detail]
Download: Illinois-2023-HB4568-Engrossed.html
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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois, | ||||||
3 | represented in the General Assembly:
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4 | Section 5. The Property Tax Code is amended by changing | ||||||
5 | Section 18-190 as follows:
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6 | (35 ILCS 200/18-190) | ||||||
7 | Sec. 18-190. Direct referendum; new rate or increased | ||||||
8 | limiting rate. | ||||||
9 | (a) If a new rate is authorized by statute to be imposed | ||||||
10 | without referendum or is subject to a backdoor referendum, as | ||||||
11 | defined in Section 28-2 of the Election Code, the governing | ||||||
12 | body of the affected taxing district before levying the new | ||||||
13 | rate shall submit the new rate to direct referendum under the | ||||||
14 | provisions of this Section and of Article 28 of the Election | ||||||
15 | Code. Notwithstanding any other provision of law, the levies | ||||||
16 | authorized by Sections 4-118, 21-110 , and 21-110.1 of the | ||||||
17 | Illinois Pension Code shall not be considered new rates; | ||||||
18 | however, nothing in this amendatory Act of the 98th General | ||||||
19 | Assembly or this amendatory Act of the 103rd General Assembly | ||||||
20 | authorizes a taxing district to increase its limiting rate or | ||||||
21 | its aggregate extension without first obtaining referendum | ||||||
22 | approval as provided in this Section. Notwithstanding the | ||||||
23 | provisions, requirements, or limitations of any other law, any |
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1 | tax levied for the 2005 levy year and all subsequent levy years | ||||||
2 | by any taxing district subject to this Law may be extended at a | ||||||
3 | rate exceeding the rate established for that tax by referendum | ||||||
4 | or statute, provided that the rate does not exceed the | ||||||
5 | statutory ceiling above which the tax is not authorized to be | ||||||
6 | further increased either by referendum or in any other manner. | ||||||
7 | Notwithstanding the provisions, requirements, or limitations | ||||||
8 | of any other law, all taxing districts subject to this Law | ||||||
9 | shall follow the provisions of this Section whenever seeking | ||||||
10 | referenda approval after March 21, 2006 to (i) levy a new tax | ||||||
11 | rate authorized by statute or (ii) increase the limiting rate | ||||||
12 | applicable to the taxing district. All taxing districts | ||||||
13 | subject to this Law are authorized to seek referendum approval | ||||||
14 | of each proposition described and set forth in this Section. | ||||||
15 | The proposition seeking to obtain referendum approval to | ||||||
16 | levy a new tax rate as authorized in clause (i) shall be in | ||||||
17 | substantially the following form: | ||||||
18 | Shall ... (insert legal name, number, if any, and | ||||||
19 | county or counties of taxing district and geographic or | ||||||
20 | other common name by which a school or community college | ||||||
21 | district is known and referred to), Illinois, be | ||||||
22 | authorized to levy a new tax for ... purposes and have an | ||||||
23 | additional tax of ...% of the equalized assessed value of | ||||||
24 | the taxable property therein extended for such purposes? | ||||||
25 | The votes must be recorded as "Yes" or "No". | ||||||
26 | The proposition seeking to obtain referendum approval to |
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1 | increase the limiting rate as authorized in clause (ii) shall | ||||||
2 | be in substantially the following form: | ||||||
3 | Shall the limiting rate under the Property Tax | ||||||
4 | Extension Limitation Law for ... (insert legal name, | ||||||
5 | number, if any, and county or counties of taxing district | ||||||
6 | and geographic or other common name by which a school or | ||||||
7 | community college district is known and referred to), | ||||||
8 | Illinois, be increased by an additional amount equal to | ||||||
9 | ...% above the limiting rate for the purpose of...(insert | ||||||
10 | purpose) for levy year ... (insert the most recent levy | ||||||
11 | year for which the limiting rate of the taxing district is | ||||||
12 | known at the time the submission of the proposition is | ||||||
13 | initiated by the taxing district) and be equal to ...% of | ||||||
14 | the equalized assessed value of the taxable property | ||||||
15 | therein for levy year(s) (insert each levy year for which | ||||||
16 | the increase will be applicable, which years must be | ||||||
17 | consecutive and may not exceed 4)? | ||||||
18 | The votes must be recorded as "Yes" or "No". | ||||||
19 | The ballot for any proposition submitted pursuant to this | ||||||
20 | Section shall have printed thereon, but not as a part of the | ||||||
21 | proposition submitted, only the following supplemental | ||||||
22 | information (which shall be supplied to the election authority | ||||||
23 | by the taxing district) in substantially the following form: | ||||||
24 | (1) The approximate amount of taxes extendable at the | ||||||
25 | most recently extended limiting rate is $..., and the | ||||||
26 | approximate amount of taxes extendable if the proposition |
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1 | is approved is $.... | ||||||
2 | (2) For the ... (insert the first levy year for which | ||||||
3 | the new rate or increased limiting rate will be | ||||||
4 | applicable) levy year the approximate amount of the | ||||||
5 | additional tax extendable against property containing a | ||||||
6 | single family residence and having a fair market value at | ||||||
7 | the time of the referendum of $100,000 is estimated to be | ||||||
8 | $.... | ||||||
9 | (3) Based upon an average annual percentage increase | ||||||
10 | (or decrease) in the market value of such property of %... | ||||||
11 | (insert percentage equal to the average annual percentage | ||||||
12 | increase or decrease for the prior 3 levy years, at the | ||||||
13 | time the submission of the proposition is initiated by the | ||||||
14 | taxing district, in the amount of (A) the equalized | ||||||
15 | assessed value of the taxable property in the taxing | ||||||
16 | district less (B) the new property included in the | ||||||
17 | equalized assessed value), the approximate amount of the | ||||||
18 | additional tax extendable against such property for the | ||||||
19 | ... levy year is estimated to be $... and for the ... levy | ||||||
20 | year is estimated to be $ .... | ||||||
21 | (4) If the proposition is approved, the aggregate | ||||||
22 | extension for ... (insert each levy year for which the | ||||||
23 | increase will apply) will be determined by the limiting | ||||||
24 | rate set forth in the proposition, rather than the | ||||||
25 | otherwise applicable limiting rate calculated under the | ||||||
26 | provisions of the Property Tax Extension Limitation Law |
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1 | (commonly known as the Property Tax Cap Law). | ||||||
2 | The approximate amount of taxes extendable shown in paragraph | ||||||
3 | (1) shall be computed upon the last known equalized assessed | ||||||
4 | value of taxable property in the taxing district (at the time | ||||||
5 | the submission of the proposition is initiated by the taxing | ||||||
6 | district). Paragraph (3) shall be included only if the | ||||||
7 | increased limiting rate will be applicable for more than one | ||||||
8 | levy year and shall list each levy year for which the increased | ||||||
9 | limiting rate will be applicable. The additional tax shown for | ||||||
10 | each levy year shall be the approximate dollar amount of the | ||||||
11 | increase over the amount of the most recently completed | ||||||
12 | extension at the time the submission of the proposition is | ||||||
13 | initiated by the taxing district. The approximate amount of | ||||||
14 | the additional taxes extendable shown in paragraphs (2) and | ||||||
15 | (3) shall be calculated by multiplying $100,000 (the fair | ||||||
16 | market value of the property without regard to any property | ||||||
17 | tax exemptions) by (i) the percentage level of assessment | ||||||
18 | prescribed for that property by statute, or by ordinance of | ||||||
19 | the county board in counties that classify property for | ||||||
20 | purposes of taxation in accordance with Section 4 of Article | ||||||
21 | IX of the Illinois Constitution; (ii) the most recent final | ||||||
22 | equalization factor certified to the county clerk by the | ||||||
23 | Department of Revenue at the time the taxing district | ||||||
24 | initiates the submission of the proposition to the electors; | ||||||
25 | and (iii) either the new rate or the amount by which the | ||||||
26 | limiting rate is to be increased. This amendatory Act of the |
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1 | 97th General Assembly is intended to clarify the existing | ||||||
2 | requirements of this Section, and shall not be construed to | ||||||
3 | validate any prior non-compliant referendum language. | ||||||
4 | Paragraph (4) shall be included if the proposition concerns a | ||||||
5 | limiting rate increase but shall not be included if the | ||||||
6 | proposition concerns a new rate. Any notice required to be | ||||||
7 | published in connection with the submission of the proposition | ||||||
8 | shall also contain this supplemental information and shall not | ||||||
9 | contain any other supplemental information regarding the | ||||||
10 | proposition. Any error, miscalculation, or inaccuracy in | ||||||
11 | computing any amount set forth on the ballot and in the notice | ||||||
12 | that is not deliberate shall not invalidate or affect the | ||||||
13 | validity of any proposition approved. Notice of the referendum | ||||||
14 | shall be published and posted as otherwise required by law, | ||||||
15 | and the submission of the proposition shall be initiated as | ||||||
16 | provided by law. | ||||||
17 | If a majority of all ballots cast on the proposition are in | ||||||
18 | favor of the proposition, the following provisions shall be | ||||||
19 | applicable to the extension of taxes for the taxing district: | ||||||
20 | (A) a new tax rate shall be first effective for the | ||||||
21 | levy year in which the new rate is approved; | ||||||
22 | (B) if the proposition provides for a new tax rate, | ||||||
23 | the taxing district is authorized to levy a tax after the | ||||||
24 | canvass of the results of the referendum by the election | ||||||
25 | authority for the purposes for which the tax is | ||||||
26 | authorized; |
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1 | (C) a limiting rate increase shall be first effective | ||||||
2 | for the levy year in which the limiting rate increase is | ||||||
3 | approved, provided that the taxing district may elect to | ||||||
4 | have a limiting rate increase be effective for the levy | ||||||
5 | year prior to the levy year in which the limiting rate | ||||||
6 | increase is approved unless the extension of taxes for the | ||||||
7 | prior levy year occurs 30 days or less after the canvass of | ||||||
8 | the results of the referendum by the election authority in | ||||||
9 | any county in which the taxing district is located; | ||||||
10 | (D) in order for the limiting rate increase to be | ||||||
11 | first effective for the levy year prior to the levy year of | ||||||
12 | the referendum, the taxing district must certify its | ||||||
13 | election to have the limiting rate increase be effective | ||||||
14 | for the prior levy year to the clerk of each county in | ||||||
15 | which the taxing district is located not more than 2 days | ||||||
16 | after the date the results of the referendum are canvassed | ||||||
17 | by the election authority; and | ||||||
18 | (E) if the proposition provides for a limiting rate | ||||||
19 | increase, the increase may be effective regardless of | ||||||
20 | whether the proposition is approved before or after the | ||||||
21 | taxing district adopts or files its levy for any levy | ||||||
22 | year. | ||||||
23 | Rates required to extend taxes on levies subject to a | ||||||
24 | backdoor referendum in each year there is a levy are not new | ||||||
25 | rates or rate increases under this Section if a levy has been | ||||||
26 | made for the fund in one or more of the preceding 3 levy years. |
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1 | Changes made by this amendatory Act of 1997 to this Section in | ||||||
2 | reference to rates required to extend taxes on levies subject | ||||||
3 | to a backdoor referendum in each year there is a levy are | ||||||
4 | declarative of existing law and not a new enactment. | ||||||
5 | (b) Whenever other applicable law authorizes a taxing | ||||||
6 | district subject to the limitation with respect to its | ||||||
7 | aggregate extension provided for in this Law to issue bonds or | ||||||
8 | other obligations either without referendum or subject to | ||||||
9 | backdoor referendum, the taxing district may elect for each | ||||||
10 | separate bond issuance to submit the question of the issuance | ||||||
11 | of the bonds or obligations directly to the voters of the | ||||||
12 | taxing district, and if the referendum passes the taxing | ||||||
13 | district is not required to comply with any backdoor | ||||||
14 | referendum procedures or requirements set forth in the other | ||||||
15 | applicable law. The direct referendum shall be initiated by | ||||||
16 | ordinance or resolution of the governing body of the taxing | ||||||
17 | district, and the question shall be certified to the proper | ||||||
18 | election authorities in accordance with the provisions of the | ||||||
19 | Election Code. | ||||||
20 | (Source: P.A. 97-1087, eff. 8-24-12; 98-1088, eff. 8-26-14.)
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