Illinois 98th Regular Session Status: Enacted

HB 1188 — PROP TX-PTELL

Last action — Public Act . . . . . . . . . 98-0006

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  1. ✓
    Introduced
  2. ✓
    In Committee
  3. ✓
    Passed House
  4. ✓
    Passed Senate
  5. ✓
    To Executive
  6. 6
    Enacted

This bill has been enacted into law. Introduced January 31, 2013. Enacted.

Prognosis

Likely to advance 70% · moderate confidence

Where this bill stands today.

Odds of enactment

High

How often bills like it became law.

  • Enacted

    Current position in the legislative process.

  • 1 sponsor

    0 primary, 1 co-sponsors signed on.

  • Cleared a recorded vote

    Passed 2 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 Property Tax Extension Limitation Law in the Property Tax Code. Provides that, 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. Provides that the county clerk shall apply this rate regardless of any language of the referendum to the contrary. Effective immediately.

Bill Text

What changed in the latest version

18 added · 18 removed

Plain-language change summary

The updated version of HB 1188 clarifies how property tax rates are determined for certain taxing districts that received a limiting rate in 2012. Specifically, it now specifies that the rate should reflect the total taxes extendable for that year based on what voters approved, overriding any contradictory language in previous referendums. This change is significant because it ensures that property tax calculations are consistent with voter intentions, potentially protecting taxpayers from unexpected rate changes.

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Latest
HB1188 Engrossed LRB098 04253 HLH 34279 b AN ACT concerning revenue.
HB1188 Enrolled LRB098 04253 HLH 34279 b AN ACT concerning revenue.
For the 1991 through 1994 levy years only, "taxing district" includes only each non-home rule taxing district having the majority of HB1188 Engrossed - 2 - LRB098 04253 HLH 34279 b its 1990 equalized assessed value within any county or counties contiguous to a county with 3,000,000 or more inhabitants.
For the 1991 through 1994 levy years only, "taxing district" includes only each non-home rule taxing district having the majority of HB1188 Enrolled - 2 - LRB098 04253 HLH 34279 b its 1990 equalized assessed value within any county or counties contiguous to a county with 3,000,000 or more inhabitants.
(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 HB1188 Engrossed - 3 - LRB098 04253 HLH 34279 b referendum;
(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 HB1188 Enrolled - 3 - LRB098 04253 HLH 34279 b referendum;
(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 HB1188 Engrossed - 4 - LRB098 04253 HLH 34279 b 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;
(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 HB1188 Enrolled - 4 - LRB098 04253 HLH 34279 b 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;
"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 HB1188 Engrossed - 5 - LRB098 04253 HLH 34279 b annually for the taxing district, excluding special purpose extensions:
"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 HB1188 Enrolled - 5 - LRB098 04253 HLH 34279 b annually for the taxing district, excluding special purpose extensions:
(h-4) made for HB1188 Engrossed - 6 - LRB098 04253 HLH 34279 b stormwater management purposes by the Metropolitan Water Reclamation District of Greater Chicago under Section 12 of the Metropolitan Water Reclamation District Act;
(h-4) made for HB1188 Enrolled - 6 - LRB098 04253 HLH 34279 b stormwater management purposes by the Metropolitan Water Reclamation District of Greater Chicago under Section 12 of the Metropolitan Water Reclamation District Act;
(o) made by HB1188 Engrossed - 7 - LRB098 04253 HLH 34279 b the Chicago Park District for recreational programs for the handicapped under subsection (c) of Section 7.06 of the Chicago Park District Act;
(o) made by HB1188 Enrolled - 7 - LRB098 04253 HLH 34279 b the Chicago Park District for recreational programs for the handicapped under subsection (c) of Section 7.06 of the Chicago Park District Act;
(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 HB1188 Engrossed - 8 - LRB098 04253 HLH 34279 b 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;
(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 HB1188 Enrolled - 8 - LRB098 04253 HLH 34279 b 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;
(i) made for payments of principal and interest on bonds issued under HB1188 Engrossed - 9 - LRB098 04253 HLH 34279 b Section 15 of the Local Government Debt Reform Act;
(i) made for payments of principal and interest on bonds issued under HB1188 Enrolled - 9 - LRB098 04253 HLH 34279 b Section 15 of the Local Government Debt Reform Act;
(b) made for any taxing district to pay interest or principal on general obligation bonds issued before HB1188 Engrossed - 10 - LRB098 04253 HLH 34279 b the effective date of this amendatory Act of 1997;
(b) made for any taxing district to pay interest or principal on general obligation bonds issued before HB1188 Enrolled - 10 - LRB098 04253 HLH 34279 b 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 HB1188 Engrossed - 11 - LRB098 04253 HLH 34279 b this definition for non-referendum obligations, except obligations initially issued pursuant to referendum;
(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 HB1188 Enrolled - 11 - LRB098 04253 HLH 34279 b this definition for non-referendum obligations, except obligations initially issued pursuant to referendum;
"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 HB1188 Engrossed - 12 - LRB098 04253 HLH 34279 b extension for payment of principal and interest on bonds issued by the taxing 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 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 HB1188 Enrolled - 12 - LRB098 04253 HLH 34279 b extension for payment of principal and interest on bonds issued by the taxing district without referendum, but not including excluded non-referendum bonds.
"Excluded non-referendum bonds" means (i) bonds authorized by Public Act 88-503 and issued under HB1188 Engrossed - 13 - LRB098 04253 HLH 34279 b Section 20a of the Chicago Park District Act for aquarium and museum projects;
"Excluded non-referendum bonds" means (i) bonds authorized by Public Act 88-503 and issued under HB1188 Enrolled - 13 - LRB098 04253 HLH 34279 b Section 20a of the Chicago Park District Act for aquarium and museum projects;
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 HB1188 Engrossed - 14 - LRB098 04253 HLH 34279 b 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.
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 HB1188 Enrolled - 14 - LRB098 04253 HLH 34279 b 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.
"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, 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 HB1188 Engrossed - 15 - LRB098 04253 HLH 34279 b 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.
"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, 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 HB1188 Enrolled - 15 - LRB098 04253 HLH 34279 b 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.
"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 HB1188 Engrossed - 16 - LRB098 04253 HLH 34279 b area.
"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 HB1188 Enrolled - 16 - LRB098 04253 HLH 34279 b 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 HB1188 Engrossed - 17 - LRB098 04253 HLH 34279 b removal from 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 HB1188 Enrolled - 17 - LRB098 04253 HLH 34279 b removal from the redevelopment project area.
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 HB1188 Engrossed - 18 - LRB098 04253 HLH 34279 b generates the approximate total amount of taxes extendable for that tax year, as set forth in the proposition approved by the voters;
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 HB1188 Enrolled - 18 - LRB098 04253 HLH 34279 b generates the approximate total amount of taxes extendable for that tax year, as set forth in the proposition approved by the voters;
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Action History

  1. Public Act . . . . . . . . . 98-0006

  2. Effective Date March 29, 2013

  3. Governor Approved

  4. Sent to the Governor

  5. Passed Both Houses

  6. Third Reading - Passed; 049-004-001

  7. Placed on Calendar Order of 3rd Reading March 21, 2013

  8. Second Reading

  9. Placed on Calendar Order of 2nd Reading

  10. Do Pass Revenue; 009-002-000

  11. Assigned to Revenue

  12. Referred to Assignments

  13. First Reading

  14. Chief Senate Sponsor Sen. Don Harmon

  15. Placed on Calendar Order of First Reading

  16. Arrive in Senate

  17. Chief Co-Sponsor Changed to Rep. Monique D. Davis

  18. Added Chief Co-Sponsor Rep. Monique D. Davis

  19. Added Co-Sponsor Rep. Michael P. McAuliffe

  20. Added Co-Sponsor Rep. Raymond Poe

  21. Added Co-Sponsor Rep. Dennis M. Reboletti

  22. Added Chief Co-Sponsor Rep. Keith Farnham

  23. Added Chief Co-Sponsor Rep. Donald L. Moffitt

  24. Third Reading - Short Debate - Passed 086-029-000

  25. Placed on Calendar Order of 3rd Reading - Short Debate

  26. Added Co-Sponsor Rep. Ed Sullivan, Jr.

  27. Held on Calendar Order of Second Reading - Short Debate

  28. Second Reading - Short Debate

  29. Added Chief Co-Sponsor Rep. John M. Cabello

  30. Placed on Calendar 2nd Reading - Short Debate

  31. Do Pass / Short Debate Revenue & Finance Committee; 010-000-000

  32. Recommends Do Pass Subcommittee/ Revenue & Finance Committee; 004-000-000

  33. Assigned to Revenue & Finance Committee

  34. Referred to Rules Committee

  35. First Reading

  36. Filed with the Clerk by Rep. Daniel J. Burke

Sponsors

  • Daniel J. Burke · Cosponsor

Sponsorship breakdown

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0 sponsors · 1 co-sponsors · 182 not signed on · 10 voted No

Sponsors (0)

None.

Co-sponsors (1)

  • Daniel J. Burke

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.

Whip count is in markup. Polling the chamber and every recorded vote this session. Only the first open is slow. It’s instant for you after this. Calling the roll · Tallying · Engrossing

Votes

Third Reading

Passed 49 Yea · 4 Nay · 6 Other
Party YeaNayPresentNot Voting
Unaffiliated 35404
Democrat 12001
Republican 2001
Total 49406
% of votes cast 83%7%0%10%
How each member voted (59)
Member Party Vote
LaHood — Yea
Manar — Yea
Althoff — Yea
Martinez — Yea
Barickman — Yea
Bertino-Tarrant — Yea
Biss — Yea
Bivins — Nay
Bush — Yea
Hutchinson — Yea
Link — Yea
Luechtefeld — Yea
McConnaughay — Yea
Radogno — Yea
Silverstein — Yea
Steans — Yea
Harris — Yea
Brady — Yea
McGuire — Yea
Sullivan — Yea
Clayborne — Yea
Forby — Yea
Frerichs — Yea
Haine — Yea
Jacobs — Yea
Kotowski — Yea
Cullerton, T. — Yea
Landek — Not Voting
Cullerton — Yea
McCann — Nay
McCarter — Nay
Mulroe — Yea
Muñoz — Yea
Righter — Nay
Trotter — Yea
Connelly — Yea
Dillard — Yea
Duffy — Not Voting
Noland — Yea
Oberweis — Not Voting
Raoul — Yea
Sandoval — Yea
Van Pelt — Not Voting
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 Yea
Chapin Rose Republican Not Voting
Dave Syverson Republican Yea
Sue Rezin Republican Yea

Third Reading

Passed 86 Yea · 29 Nay · 3 Other
Party YeaNayPresentNot Voting
Unaffiliated 631903
Democrat 19600
Republican 4400
Total 862903
% of votes cast 73%25%0%3%
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
Mell — Yea
McAsey — Yea
D'Amico — Yea
Dunkin — Yea
Durkin — Yea
Fortner — Yea
Golar — Yea
Hatcher — Not Voting
Jakobsson — Yea
Jefferson — Yea
Lang — Yea
Leitch — Yea
Senger — Yea
Smiddy — Yea
Farnham — Yea
Flowers — Yea
Kosel — Yea
McAuliffe — Yea
McSweeney — Nay
Burke, Daniel — Yea
Burke, Kelly — Yea
Mitchell, Bill — Yea
Moffitt — Yea
Sullivan — Yea
Mitchell, Christian — Yea
Nekritz — Yea
Harris, Greg — Yea
Pihos — Yea
Hernandez — Yea
Sente — Nay
Sommer — Nay
Soto — Yea
Tabares — Yea
Wheeler — Yea
Williams — Yea
Davis, Monique — Yea
Jones — Yea
Thapedi — Yea
Tryon — Yea
Brady — Nay
Turner — Yea
Verschoore — Yea
Zalewski — Yea
Harris, David — Nay
Cavaletto — Nay
Cloonen — Nay
Cross — Yea
Currie — Yea
Drury — Yea
Franks — Nay
Harms — Nay
Hays — Yea
Jackson — Yea
Madigan — Not Voting
Bradley — Not Voting
Unes — Nay
Willis — Nay
Yingling — Nay
Conroy — Nay
Costello — Nay
Demmer — Nay
Hurley — Nay
Ives — Nay
Kay — Nay
Osmond — Yea
Phelps — Yea
Poe — Yea
Pritchard — Yea
Reboletti — Yea
Reis — Nay
Riley — Yea
Roth — Yea
Sacia — Yea
Sandack — Yea
Schmitz — 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 Nay
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 Nay
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 Nay
Charles Meier Republican Nay
Christopher "C.D." Davidsmeyer Republican Nay
Jil Tracy Republican Yea
Joe C. Sosnowski Republican Nay
John M. Cabello Republican Yea
Norine K. Hammond Republican Yea
Wayne A. Rosenthal Republican Yea

Subjects

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Frequently asked questions

What does HB 1188 do?
Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, 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. Provides that the county clerk shall apply this rate regardless of any language of the referendum to the contrary. Effective immediately.
Who sponsors HB 1188?
HB 1188 is sponsored by Daniel J. Burke.
What is the current status of HB 1188?
This bill has been enacted into law. Introduced January 31, 2013. Enacted.
Where can I track HB 1188?
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