METRO WATER RECLAMATION TAXES
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SB 2155 — METRO WATER RECLAMATION TAXES
Last action — Public Act . . . . . . . . . 98-0023
No card. One bill, free forever — alerts when it moves.
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✓Introduced
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✓In Committee
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✓Passed Senate
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✓Passed House
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✓To Executive
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6Enacted
This bill has been enacted into law. Introduced February 15, 2013. Enacted.
Prognosis
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Enacted
Current position in the legislative process.
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1 sponsor
0 primary, 1 co-sponsors signed on.
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Passed 4 recorded votes so far.
Prognosis reads this bill's own signals — stage, sponsorship breadth, committee status, recorded votes and cross-state momentum. Odds come from a model trained on which bills have become law.
Summary
Amends the Metropolitan Water Reclamation District Act. Provides that settlements and demands, including associated attorney's fees and costs, together with claims for deprivation of any constitutional or statutory right, are added to the list of costs which may not be included in the district's annual tax levy. Provides that the board may levy a tax for the purpose of establishing and maintaining a reserve fund to satisfy these additional expenses. Effective immediately.
Bill Text
What changed in the latest version
507 added · 120 removedPlain-language change summary
In the latest version of SB 2155, new provisions were added regarding the reporting requirements for oil and gas purchasers, specifically detailing what information must be submitted to tax authorities. This change is significant because it aims to enhance transparency and accountability in the industry, ensuring that accurate tax data is reported and can aid in local tax assessments. Meanwhile, the previously included provisions on the tax levying powers of the Metropolitan Water Reclamation District were completely removed, which could affect how this district manages its finances moving forward.
SB2155 EngrossedEnrolled LRB098 08610 OMW 38728 b AN ACT concerning local government.
TheIf Metropolitanand Wateronly Reclamationif DistrictSenate Bill 1715 of the 98th General Assembly becomes law, then the Hydraulic Fracturing Regulatory Act is amended by changing Section 122-45 as follows:
(70(09800SB1715ham001, ILCSSec. 2605/12) (from Ch.
42,2-45) par.Sec.
332)2-45. Sec.
12.Purchaser's return and tax remittance.
PowerEach purchaser shall make a return to levythe taxes.Department showing the quantity of oil or gas purchased during the month for which the return is filed, the price paid therefore, total value, the name and address of the operator or other person from whom the same was purchased, a description of the production unit in the manner prescribed by the Department from which such oil or gas was severed and the amount of tax due from each production unit for each calendar month.
TheAll board of commissioners annually may levy taxes fordue, corporate purposes upon property within the territorial limits of such sanitary district, the aggregate amount of which, exclusive of the amount levied for (a) the payment of bonded indebtedness and the interest on bonded indebtedness (b) employees' annuity and benefit purposes (c) construction purposes, and (d) for the purpose of establishing and maintaining a reserve fund for the payment of claims, awards, losses, judgments, or liabilities,to settlements, or demands and associated attorney's fees and costs that which might be imposedremitted, on or incurred by such sanitary district in matters including, but not limited to, under the Workers'purchaser Compensation Act or the Workers' Occupational Diseases Act, and any claim in tort, including but not limited to, any claim imposed upon such sanitary district under the Local Governmental and Governmental Employees Tort Immunity Act, any claim of deprivation of any constitutional or SB2155 Engrossed - 2 - LRB098 08610 OMW 38728 b statutory right or protection, for all expenses, fees, and costs, both direct and in support of and for all costs related to the repair or replacement of any property owned by such sanitary district which is damaged by fire, flood, explosion, vandalism or any other peril, natural or manmade, shall notaccompany exceedthis thereturn. sum produced by extending the rate of .46% for each of the years 1979 through 2004 and by extending the rate of 0.41% for the year 2005 and each year thereafter, upon the assessed valuation of all taxable property within the sanitary district as equalized and determined for State and local taxes.
InThe addition,return forshall stormwaterbe managementfiled purposes,on includingor butbefore not limited to those provided in subsection (f) of Section 7(h), the boardlast ofday commissioners may levy taxes for the year 2005 and each year thereafter at a rate not to exceed 0.05% of the assessedmonth valuationafter of all taxable property within the Districtcalendar asmonth equalized and determined for Statewhich andthe localreturn taxes.is required.
AndThe inDepartment additionshall thereto,forward forthe constructionnecessary purposesinformation asto definedeach inChief SectionCounty 5.2Assessment ofOfficer this Act, the board of commissioners may levy taxes for the yearadministration 1985 and eachapplication year thereafter which shall be at a rate not to exceed .10% of thead assessedvalorem valuationreal of all taxable property withintaxes at the sanitarycounty districtlevel. as equalized and determined for State and local taxes.
AmountsThis realizedinformation from taxes so levied for construction purposes shall be limitedforwarded for use to such purposes and shall not be available for appropriation or used to defray the costChief ofCounty repairsAssessment to or expense of maintaining or operating existing or future SB2155 EngrossedEnrolled - 32 - LRB098 08610 OMW 38728 b facilities,Officers butin sucha restrictions,yearly however,summary shallbefore notMarch apply1 toof additions, alterations, enlargements, and replacements which will add appreciably to the value,following utility,calendar oryear. the useful life of said facilities.
SuchThe ratesDepartment shallmay berequire extendedany againstadditional thereport assessedor valuationinformation ofit themay taxabledeem propertynecessary within the corporate limits as the same shall be assessed and equalized for the countyproper taxesadministration for the year in which the levy is made and said board shall cause the amount to be raised by taxation in each year to be certified to the county clerk on or before the thirtieth day of March;this Act.
provided,Such however,returns thatshall ifbe duringfiled theelectronically budget year the General Assembly authorizes an increase in such rates, the boardmanner ofprescribed commissionersby may adopt a supplemental levy and shall make such certification to the CountyDepartment. Clerk on or before the thirtieth day of December.
ForPurchasers theshall purposemake ofall establishingpayments and maintaining a reserve fund for the payment of claims, awards, losses, judgments, or liabilities, settlements, or demands and associated attorney's fees and costs that whichtax might be imposed on or incurred by such sanitary district in matters including, but not limited to, under the Workers' Compensation Act or the Workers' Occupational Diseases Act, and any claim in tort, including but not limited to, any claim imposed upon such sanitary district under the Local Governmental and Governmental Employees Tort Immunity Act, any claim of deprivation of any constitutional or statutory right or protection, for all expenses, fees, and costs, both direct and in support and for all costs related to SB2155 Engrossed - 4 - LRB098 08610 OMW 38728 b the repairDepartment or replacement, where the cost thereof exceeds the sum of $10,000, of any property owned by suchelectronic sanitaryfunds districttransfer whichunless, isas damagedprovided by fire,rule, flood,the explosion,Department vandalismgrants oran anyexception other peril, natural or man-made, such sanitary district may also levy annually upon allpetition taxableof property within its territorial limits a taxpurchaser. not to exceed .005% of the assessed valuation of said taxable property as equalized and determined for State and local taxes;
provided,Purchasers' however,returns themust aggregatebe amountaccompanied whichby mayappropriate becomputer accumulatedgenerated magnetic media supporting schedule data in suchthe reserveformat fundrequired shallby notthe exceedDepartment, .05%unless, ofas suchprovided assessedby valuation.rule, the Department grants an exception upon petition of a purchaser.
All taxes so levied and certified shall be collected and enforced in the same manner and by the same officers as State and county taxes, and shall be paid over by the officer collecting the same to the treasurer of the sanitary district, in the manner and at the time provided by the general revenue law.
No part of the taxes hereby authorized shall be used by such sanitary district for the construction of permanent, fixed, immovable bridges across any channel constructed under the provisions of this Act.
All bridges built across such channel shall not necessarily interfere with or obstruct the navigation of such channel, when the same becomes a navigable stream, as provided in Section 24 of this Act, but such bridges shall be so constructed that they can be raised, swung or moved out of the way of vessels, tugs, boats or other water craft navigating such channel.
Nothing in this Act shall be so construed as to compel said district to maintain or operate SB2155 Engrossed - 5 - LRB098 08610 OMW 38728 b said bridges, as movable bridges, for a period of 9 years from and after the time when the water has been turned into said channel pursuant to law, unless the needs of general navigation of the Des Plaines and Illinois Rivers, when connected by said channel, sooner require it.
In levying taxes the board of commissioners, in order to produce the net amount required by the levies for payment of bonds and interest thereon, shall include an amount or rate estimated to be sufficient to cover losses in collection of taxes, the cost of collecting taxes, abatements in the amount of such taxes as extended on the collector's books and the amount of such taxes collection of which will be deferred;
the amount so added for the purpose of producing the net amount required shall not exceed any applicable maximum tax rate or amount.
09800SB1715ham001.) Section 10.
If and only if Senate Bill 1715 of the 98th General Assembly becomes law, then the Property Tax Code is amended by changing Section 18-185 as follows:
(35 ILCS 200/18-185) 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.
SB2155 Enrolled - 3 - LRB098 08610 OMW 38728 b "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 SB2155 Enrolled - 4 - LRB098 08610 OMW 38728 b 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;
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(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 SB2155 Enrolled - 5 - LRB098 08610 OMW 38728 b 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;
(n) made for payment of principal and interest on any bonds issued under the authority of Section 17-2.2d of the School Code;
(o) made for contributions to a firefighter's pension fund created under Article 4 of the Illinois Pension Code, to the extent of the SB2155 Enrolled - 6 - LRB098 08610 OMW 38728 b amount certified under item (5) of Section 4-134 of the Illinois Pension Code;
and (p) made for road purposes in the first year after a township assumes the rights, powers, duties, assets, property, liabilities, obligations, and responsibilities of a road district abolished under the provisions of Section 6-133 of the Illinois Highway 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 SB2155 Enrolled - 7 - LRB098 08610 OMW 38728 b 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 SB2155 Enrolled - 8 - LRB098 08610 OMW 38728 b 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;
(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;
and (q) made by Ford Heights School District 169 under Section 17-9.02 of the School 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 SB2155 Enrolled - 9 - LRB098 08610 OMW 38728 b 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 SB2155 Enrolled - 10 - LRB098 08610 OMW 38728 b 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;
(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;
and (m) made for the taxing district to pay interest or SB2155 Enrolled - 11 - LRB098 08610 OMW 38728 b principal on general obligation bonds issued pursuant to Section 19-3.10 of the School 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 SB2155 Enrolled - 12 - LRB098 08610 OMW 38728 b 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 SB2155 Enrolled - 13 - LRB098 08610 OMW 38728 b 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 SB2155 Enrolled - 14 - LRB098 08610 OMW 38728 b non-referendum bonds).
A debt service extension base established or increased at any time pursuant to any provision of this Law, except Section 18-212, shall be increased each year commencing with the later of (i) the 2009 levy year or (ii) the first levy year in which this Law becomes applicable to the taxing district, by the lesser of 5% or the percentage increase in the Consumer Price Index during the 12-month calendar year preceding the levy year.
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 SB2155 Enrolled - 15 - LRB098 08610 OMW 38728 b 18-135, 18-215, and 18-230.
An adjustment under Section 18-135 shall be made for the 2007 levy year and all subsequent levy years whenever one or more counties within which a taxing district is located (i) used estimated valuations or rates when extending taxes in the taxing district for the last preceding levy year that resulted in the over or under extension of taxes, or (ii) increased or decreased the tax extension for the last preceding levy year as required by Section 18-135(c).
Whenever an adjustment is required under Section 18-135, the aggregate extension base of the taxing district shall be equal to the amount that the aggregate extension of the taxing district would have been for the last preceding levy year if either or both (i) actual, rather than estimated, valuations or rates had been used to calculate the extension of taxes for the last levy year, or (ii) the tax extension for the last preceding levy year had not been adjusted as required by subsection (c) of Section 18-135.
Notwithstanding any other provision of law, for levy year 2012, the aggregate extension base for West Northfield School District No.
31 in Cook County shall be $12,654,592.
"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 SB2155 Enrolled - 16 - LRB098 08610 OMW 38728 b 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, including the assessed value, upon final stabilization of occupancy after new construction is complete, of any real property located within the boundaries of an otherwise or previously exempt military reservation that is intended for residential use and owned by or leased to a private corporation or other entity, 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, and (iv) any increase in assessed value due to oil or gas production from an oil or gas well required to be permitted under the Hydraulic Fracturing Regulatory Act that was not produced in or accounted for during the previous levy year.
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.
SB2155 Enrolled - 17 - LRB098 08610 OMW 38728 b "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, previously established under the Economic Development Project Area Tax Increment Act of 1995, 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 SB2155 Enrolled - 18 - LRB098 08610 OMW 38728 b 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.
SB2155 Enrolled - 19 - LRB098 08610 OMW 38728 b 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 or the recovered tax increment value.
If a new rate, a rate decrease, or a limiting rate increase has been approved at an election held after March 21, 2006, then (i) the otherwise applicable limiting rate shall be increased by the amount of the new rate or shall be reduced by the amount of the rate decrease, as the case may be, or (ii) in the case of a limiting rate increase, the limiting rate shall be equal to the rate set forth in the proposition approved by the voters for each of the years specified in the proposition, after which the limiting rate of the taxing district shall be calculated as otherwise provided.
In the case of a taxing district that obtained referendum approval for an increased limiting rate on March 20, 2012, the limiting rate for tax year 2012 shall be the rate that generates the approximate total amount of taxes extendable for that tax year, as set forth in the proposition approved by the voters;
this rate shall be the final rate applied by the county clerk for the aggregate of all capped funds of the district for tax year 2012.
(Source:
96-164,97-611, eff.
8-10-09.)1-1-12; Section 99.
97-1154, eff.
1-25-13;
98-6, eff.
3-29-13;
revised 4-8-13.) Section 99.
This Act takes effect upon SB2155 Enrolled - 20 - LRB098 08610 OMW 38728 b becoming law.
Show all 140 changed rows (100 more)
Action History
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Public Act . . . . . . . . . 98-0023
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Effective Date June 17, 2013
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Governor Approved
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Sent to the Governor
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Passed Both Houses
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House Floor Amendment No. 2 Senate Concurs 059-000-000
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House Committee Amendment No. 1 Senate Concurs 059-000-000
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House Floor Amendment No. 2 Motion to Concur Be Approved for Consideration Assignments
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House Committee Amendment No. 1 Motion to Concur Be Approved for Consideration Assignments
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House Floor Amendment No. 2 Motion to Concur Referred to Assignments
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House Floor Amendment No. 2 Motion to Concur Filed with Secretary Sen. Michael W. Frerichs
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House Committee Amendment No. 1 Motion to Concur Referred to Assignments
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House Committee Amendment No. 1 Motion to Concur Filed with Secretary Sen. Michael W. Frerichs
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Chief Sponsor Changed to Sen. Michael W. Frerichs
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Placed on Calendar Order of Concurrence House Amendment(s) 1, 2 - May 31, 2013
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Secretary's Desk - Concurrence House Amendment(s) 1, 2
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Third Reading - Short Debate - Passed 104-013-000
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Placed on Calendar Order of 3rd Reading - Short Debate
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House Floor Amendment No. 2 Adopted
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House Floor Amendment No. 2 Recommends Be Adopted Revenue & Finance Committee; 010-000-000
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Alternate Chief Sponsor Changed to Rep. John E. Bradley
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House Floor Amendment No. 2 Rules Refers to Revenue & Finance Committee
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House Floor Amendment No. 2 Referred to Rules Committee
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House Floor Amendment No. 2 Filed with Clerk by Rep. John E. Bradley
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Held on Calendar Order of Second Reading - Short Debate
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Second Reading - Short Debate
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Placed on Calendar 2nd Reading - Short Debate
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Do Pass as Amended / Short Debate Executive Committee; 007-004-000
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House Committee Amendment No. 1 Adopted in Executive Committee; by Voice Vote
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House Committee Amendment No. 1 Rules Refers to Executive Committee
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House Committee Amendment No. 1 Referred to Rules Committee
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House Committee Amendment No. 1 Filed with Clerk by Rep. Barbara Flynn Currie
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Final Action Deadline Extended-9(b) May 31, 2013
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Alternate Chief Sponsor Changed to Rep. Barbara Flynn Currie
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Assigned to Executive Committee
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Final Action Deadline Extended-9(b) May 24, 2013
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Referred to Rules Committee
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First Reading
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Chief House Sponsor Rep. Kelly Burke
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Arrived in House
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Third Reading - Passed; 052-000-000
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Placed on Calendar Order of 3rd Reading April 10, 2013
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Second Reading
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Placed on Calendar Order of 2nd Reading March 14, 2013
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Do Pass Local Government; 010-000-000
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Assigned to Local Government
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Referred to Assignments
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First Reading
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Filed with Secretary by Sen. Bill Cunningham
Sponsors
- Michael W. Frerichs · Cosponsor
Sponsorship breakdown
Export CSV (upgrade) →0 sponsors · 1 co-sponsors · 182 not signed on · 5 voted No
Sponsors (0)
None.
Co-sponsors (1)
- Michael W. Frerichs
Not signed on (182)
182 members have not signed on to this bill.
Show all 182 →"Not signed on" means a member has not sponsored or co-sponsored this bill — it does not imply opposition. Members flagged Voted No have a recorded No vote on this bill.
Votes
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 43 | 0 | 0 | 0 |
| Democrat | 13 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 59 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Landek | — | Yea |
| Manar | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Barickman | — | Yea |
| Bertino-Tarrant | — | Yea |
| Biss | — | Yea |
| Bivins | — | Yea |
| Kotowski | — | Yea |
| LaHood | — | Yea |
| Link | — | Yea |
| Luechtefeld | — | Yea |
| McCann | — | Yea |
| McCarter | — | Yea |
| McConnaughay | — | Yea |
| Mulroe | — | Yea |
| Muñoz | — | Yea |
| Harris | — | Yea |
| Oberweis | — | Yea |
| Brady | — | Yea |
| Silverstein | — | Yea |
| McGuire | — | Yea |
| Steans | — | Yea |
| Sullivan | — | Yea |
| Jacobs | — | Yea |
| Cullerton, T. | — | Yea |
| Trotter | — | Yea |
| Cullerton | — | Yea |
| Bush | — | Yea |
| Clayborne | — | Yea |
| Connelly | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Haine | — | Yea |
| Hutchinson | — | Yea |
| Noland | — | Yea |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandoval | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 43 | 0 | 0 | 0 |
| Democrat | 13 | 0 | 0 | 0 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 59 | 0 | 0 | 0 |
| % of votes cast | 100% | 0% | 0% | 0% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Luechtefeld | — | Yea |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Barickman | — | Yea |
| Bertino-Tarrant | — | Yea |
| Biss | — | Yea |
| Bivins | — | Yea |
| Bush | — | Yea |
| Mulroe | — | Yea |
| Kotowski | — | Yea |
| LaHood | — | Yea |
| Landek | — | Yea |
| Link | — | Yea |
| Manar | — | Yea |
| McCann | — | Yea |
| McCarter | — | Yea |
| McConnaughay | — | Yea |
| Muñoz | — | Yea |
| Noland | — | Yea |
| Harris | — | Yea |
| Silverstein | — | Yea |
| Brady | — | Yea |
| Steans | — | Yea |
| McGuire | — | Yea |
| Trotter | — | Yea |
| Sullivan | — | Yea |
| Jacobs | — | Yea |
| Cullerton, T. | — | Yea |
| Cullerton | — | Yea |
| Clayborne | — | Yea |
| Connelly | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| Haine | — | Yea |
| Hutchinson | — | Yea |
| Oberweis | — | Yea |
| Radogno | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandoval | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Yea |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Steve Stadelman | Democrat | Yea |
| Chapin Rose | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Sue Rezin | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Democrat | 21 | 4 | 0 | 0 |
| Unaffiliated | 76 | 8 | 0 | 1 |
| Republican | 7 | 1 | 0 | 0 |
| Total | 104 | 13 | 0 | 1 |
| % of votes cast | 88% | 11% | 0% | 1% |
How each member voted (118)
| Member | Party | Vote |
|---|---|---|
| Acevedo | — | Yea |
| Arroyo | — | Yea |
| Beiser | — | Yea |
| Bellock | — | Yea |
| Berrios | — | Yea |
| Mautino | — | Yea |
| Bost | — | Yea |
| Brauer | — | Yea |
| Brown | — | Yea |
| McAsey | — | Yea |
| Dunkin | — | Yea |
| Hays | — | Yea |
| Ives | — | Yea |
| Jakobsson | — | Yea |
| Jefferson | — | Yea |
| Lang | — | Yea |
| Leitch | — | Yea |
| McAuliffe | — | Yea |
| McSweeney | — | Yea |
| Mell | — | Yea |
| Moffitt | — | Yea |
| Nekritz | — | Yea |
| Phelps | — | Yea |
| Senger | — | Yea |
| Soto | — | Yea |
| Bradley | — | Yea |
| Tabares | — | Yea |
| Brady | — | Yea |
| Tryon | — | Yea |
| Turner | — | Yea |
| Unes | — | Yea |
| Verschoore | — | Yea |
| Burke, Daniel | — | Yea |
| Burke, Kelly | — | Yea |
| Mitchell, Bill | — | Yea |
| Sullivan | — | Yea |
| Mitchell, Christian | — | Yea |
| Harris, David | — | Yea |
| Harris, Greg | — | Yea |
| Hernandez | — | Yea |
| Cavaletto | — | Yea |
| Cross | — | Yea |
| Durkin | — | Yea |
| Farnham | — | Yea |
| Flowers | — | Yea |
| Fortner | — | Yea |
| Franks | — | Yea |
| Golar | — | Yea |
| Harms | — | Yea |
| Hatcher | — | Yea |
| Kosel | — | Yea |
| Wheeler | — | Yea |
| Madigan | — | Not Voting |
| Williams | — | Yea |
| Davis, Monique | — | Yea |
| Jones | — | Yea |
| Sente | — | Nay |
| Thapedi | — | Nay |
| Willis | — | Nay |
| Yingling | — | Nay |
| Zalewski | — | Yea |
| Cloonen | — | Nay |
| Conroy | — | Nay |
| Costello | — | Nay |
| Currie | — | Yea |
| D'Amico | — | Yea |
| Demmer | — | Yea |
| Drury | — | Nay |
| Hurley | — | Yea |
| Jackson | — | Yea |
| Kay | — | Yea |
| Osmond | — | Yea |
| Pihos | — | Yea |
| Poe | — | Yea |
| Pritchard | — | Yea |
| Reboletti | — | Yea |
| Reis | — | Yea |
| Riley | — | Yea |
| Roth | — | Yea |
| Sacia | — | Yea |
| Sandack | — | Yea |
| Schmitz | — | Yea |
| Smiddy | — | Yea |
| Sommer | — | Yea |
| Chapa LaVia | — | Yea |
| Anthony DeLuca | Democrat | Yea |
| Camille Y. Lilly | Democrat | Yea |
| Elgie R. Sims, Jr. | Democrat | Yea |
| Emanuel "Chris" Welch | Democrat | Yea |
| Fred Crespo | Democrat | Yea |
| Jay Hoffman | Democrat | Yea |
| Jehan Gordon-Booth | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kelly M. Cassidy | Democrat | Yea |
| La Shawn K. Ford | Democrat | Yea |
| Laura Fine | Democrat | Yea |
| Lawrence "Larry" Walsh, Jr. | Democrat | Yea |
| Marcus C. Evans, Jr. | Democrat | Yea |
| Martin J. Moylan | Democrat | Nay |
| Michelle Mussman | Democrat | Yea |
| Natalie A. Manley | Democrat | Nay |
| Nicholas K. Smith | Democrat | Yea |
| Rita Mayfield | Democrat | Yea |
| Robert "Bob" Rita | Democrat | Yea |
| Robert F. Martwick | Democrat | Yea |
| Robyn Gabel | Democrat | Yea |
| Sara Feigenholtz | Democrat | Yea |
| Stephanie A. Kifowit | Democrat | Nay |
| Sue Scherer | Democrat | Nay |
| William "Will" Davis | Democrat | Yea |
| Brad Halbrook | Republican | Yea |
| Charles Meier | Republican | Nay |
| Christopher "C.D." Davidsmeyer | Republican | Yea |
| Jil Tracy | Republican | Yea |
| Joe C. Sosnowski | Republican | Yea |
| John M. Cabello | Republican | Yea |
| Norine K. Hammond | Republican | Yea |
| Wayne A. Rosenthal | Republican | Yea |
| Party | Yea | Nay | Present | Not Voting |
|---|---|---|---|---|
| Unaffiliated | 38 | 0 | 0 | 5 |
| Democrat | 11 | 0 | 0 | 2 |
| Republican | 3 | 0 | 0 | 0 |
| Total | 52 | 0 | 0 | 7 |
| % of votes cast | 88% | 0% | 0% | 12% |
How each member voted (59)
| Member | Party | Vote |
|---|---|---|
| Kotowski | — | Yea |
| Landek | — | Not Voting |
| Althoff | — | Yea |
| Martinez | — | Yea |
| Barickman | — | Yea |
| Bertino-Tarrant | — | Not Voting |
| Biss | — | Yea |
| Bivins | — | Yea |
| Link | — | Yea |
| Radogno | — | Yea |
| Forby | — | Yea |
| Frerichs | — | Yea |
| LaHood | — | Yea |
| Harris | — | Yea |
| Luechtefeld | — | Yea |
| Brady | — | Yea |
| Manar | — | Yea |
| McCann | — | Yea |
| McCarter | — | Yea |
| McGuire | — | Yea |
| McConnaughay | — | Yea |
| Sullivan | — | Yea |
| Jacobs | — | Yea |
| Mulroe | — | Yea |
| Cullerton, T. | — | Yea |
| Muñoz | — | Yea |
| Cullerton | — | Yea |
| Noland | — | Yea |
| Oberweis | — | Yea |
| Steans | — | Yea |
| Trotter | — | Not Voting |
| Bush | — | Yea |
| Clayborne | — | Not Voting |
| Connelly | — | Yea |
| Dillard | — | Yea |
| Duffy | — | Yea |
| Haine | — | Yea |
| Hutchinson | — | Yea |
| Raoul | — | Yea |
| Righter | — | Yea |
| Sandoval | — | Not Voting |
| Silverstein | — | Yea |
| Van Pelt | — | Yea |
| Bill Cunningham | Democrat | Yea |
| David Koehler | Democrat | Yea |
| Don Harmon | Democrat | Yea |
| Emil Jones, III | Democrat | Yea |
| Eva-Dina Delgado | Democrat | Yea |
| Julie A. Morrison | Democrat | Yea |
| Kimberly A. Lightford | Democrat | Not Voting |
| Lakesia Collins | Democrat | Yea |
| Laura M. Murphy | Democrat | Yea |
| Linda Holmes | Democrat | Yea |
| Mattie Hunter | Democrat | Yea |
| Michael E. Hastings | Democrat | Yea |
| Steve Stadelman | Democrat | Not Voting |
| Chapin Rose | Republican | Yea |
| Dave Syverson | Republican | Yea |
| Sue Rezin | Republican | Yea |
Subjects
Frequently asked questions
- What does SB 2155 do?
- Amends the Metropolitan Water Reclamation District Act. Provides that settlements and demands, including associated attorney's fees and costs, together with claims for deprivation of any constitutional or statutory right, are added to the list of costs which may not be included in the district's annual tax levy. Provides that the board may levy a tax for the purpose of establishing and maintaining a reserve fund to satisfy these additional expenses. Effective immediately.
- Who sponsors SB 2155?
- SB 2155 is sponsored by Michael W. Frerichs.
- What is the current status of SB 2155?
- This bill has been enacted into law. Introduced February 15, 2013. Enacted.
- Where can I track SB 2155?
- Track SB 2155 free on One Click Politics — get push/email alerts when it moves.
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