State of Illinois
92nd General Assembly
Legislation

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92_HB5828ham001

 










                                           LRB9212619SMdvam01

 1                    AMENDMENT TO HOUSE BILL 5828

 2        AMENDMENT NO.     .  Amend House Bill 5828  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Property Tax Code is amended by changing
 5    Section 18-230 as follows:

 6        (35 ILCS 200/18-230)
 7        Sec. 18-230.  Rate increase or decrease factor.
 8        (a)  When a new rate or a rate increase or decrease first
 9    effective  for  the  current  levy  year has been approved by
10    referendum, the aggregate  extension  base,  as  adjusted  in
11    Sections  18-215  and  18-220,  shall be multiplied by a rate
12    increase (or decrease) factor.  The  numerator  of  the  rate
13    increase  (or decrease) factor is the total combined rate for
14    the funds that made up the aggregate extension for the taxing
15    district for the prior year plus the rate  increase  approved
16    or  minus  the rate decrease approved. The denominator of the
17    rate increase or decrease factor is the total  combined  rate
18    for  the  funds  that made up the aggregate extension for the
19    prior year.
20        (b)  For those taxing districts for which a new rate or a
21    rate increase has been  approved  by  referendum  held  after
22    December  31,  1988,  and that did not increase their rate to
 
                            -2-            LRB9212619SMdvam01
 1    the new maximum rate for that fund, the rate increase  factor
 2    shall  be  adjusted  for  4  levy years after the year of the
 3    referendum by a factor the numerator of which is the  portion
 4    of  the  new  or  increased  rate  for  which  taxes were not
 5    extended plus the aggregate rate in effect for the levy  year
 6    prior to the levy year in which the referendum was passed and
 7    the  denominator of which is the aggregate rate in effect for
 8    the levy year prior to the levy year in which the  referendum
 9    was passed.
10        (c)  A  taxing  district  that  does  not intend to avail
11    itself of the provisions of subsection (b)  of  this  Section
12    shall  provide  notice  of  that  intent in the resolution or
13    ordinance calling for a  referendum  on  the  proposition  of
14    increasing  the  tax rate of the taxing district. A certified
15    copy of the notice shall also be filed with the county  clerk
16    of  each county having jurisdiction over any territory of the
17    respective taxing district in which the proposition is to  be
18    submitted  to  referendum  at  the  time  the  resolution  or
19    ordinance is certified to the appropriate election authority.
20        The notice shall be in substantially the following form:
21        "The  [name  of taxing district] does not intend to avail
22    itself of the provisions of subsection (b) of Section  18-230
23    of  the Property Tax Extension Limitation Law in the Property
24    Tax Code."
25        A taxing district that provides this notice may not avail
26    itself of the provisions of subsection (b) of this Section.
27    (Source: P.A. 87-17; 88-455.)

28        Section 99.  Effective date.  This Act takes effect  upon
29    becoming law.".

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