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Dave McSweeney Seeks to Force Flatlining of Township Taxes

May 09, 2013 By: Cal Skinner Category: David McSweeney, Extension, McHenry County, Property Tax, Property Tax Bill, Property Tax Cap, Property Tax Exemption, Real Estate Tax, Real Estate Tax Bill, Township, Township Government

David McSweeney

David McSweeney

State Rep. David McSweeney is proposing at amendment to Senate Bill 1937 that would prohibit township governments throughout Illinois from increasing the amount of money they extract from taxpayers’ pockets for the next two years.

Unlike some legislators and local officials who try to tinker with property taxes, McSweeney knows the key word is “extension.”

The “extension” is the amount of money that a tax district is allowed to collect in a given year. It is usually well below the levy, which can be seen as a “wish-fulfillment.”

For example, McHenry County College increased its levy by nine percent, giving it bad publicity in the Northwest Herald, but having no impact on the Property Tax Cap-imposed limit of three percent (plus new growth).

Just as an aside, any tax district official that wants to cut taxes should vote to make his or her tax levy the same as the extension for the year before.

In any event, McSweeney is probably on a mission impossible, because there are thousands of townships in Illinois.

Plus, the record of what is happening to the bill show that his amendment has been assigned to the House Rules Committee, the place legislation where House Speaker Mike Madigan kills amendments he doesn’t like.

David From, State Director of the Illinois chapter of Americans for Prosperity, informed me of this amendment via the following email:

“I’m writing to ask you to take just a moment of your time to support legislation to place a two-year moratorium on the property taxes levied by townships. The legislation sponsored by State Representative David McSweeney (R-Cary) will be the subject of a committee hearing tomorrow morning in House Revenue Committee. We need to let committee members know that we support this common-sense moratorium on higher local taxes.

“Please take a moment to submit an electronic witness slip in favor of SB 1937 today!

“Illinois faces a dual problem when it comes to property taxes; they’re rising fast while Illinois’ median household income is dropping. In the four most recent years for which census data is available, Illinois median household income dropped by more than $3,000. At the same time, the suburban Daily Herald reported in November that “property tax levies were up nearly $4.8 billion” between 2005 – 2010.

“Click here to file an electric witness slip with the committee on behalf of Rep. McSweeney’s efforts to curb the increase of property taxes! Be sure to check “Proponent” in Section III (Position) & “Record of Appearance Only” in Section IV (Testimony).”

McHenry County has seventeen townships. Each township has two separate governments.  One is run by the Supervisor; the other by the Highway Commissioner.

The following made a good faith effort not to take every dime that they could. I put them on my “Honor Roll.”

ALDEN TOWNSHIP
2011 – $138,551.71
2012 – $125,589.92 (-9.4%)

ALGONQUIN TOWNSHIP
2011 – $1,812,281.41
2012 – $1,818,540.52 (+0.3%)

ALGONQUIN TOWNSHIP ROAD & BRIDGE DISTRICT
2011 – $3,989,082.24
2012 – $3,989,081.94

Hartland Township

Both Supervisor and Road Commissioner in Hartland Township cut their budgets.

HARTLAND TOWNSHIP
2011 – $177,096.32
2012 – $168,120.44 (-5.1%)

HARTLAND TOWWSHIP ROAD & BRIDGE DISTRICT
2011 – $257,147.74
2012 – $249,843.80 (-2.8%)

HEBRON TOWNSHIP ROAD & BRIDGE DISTRICT
2011 – $223,260.02
2012 – $218,264.61 (-2.2%)

MARENGO TOWNSHIP
2011 – $303,002.43
2012 – $299,000.30 (-1.3%)

McHenry Township Hall

McHenry Township Hall

MARENGO TONSHIWP ROAD & BRIDGE DISTRICT
2011 – $496,211.57
2012 – $496,964.36 (-0.2%)

McHENRY TOWNSHIP
2011 – $1,876,425.79
2012 – $1,876,437.35

McHENRY TOWNSHIP ROAD & BRIDGE DISTRICT
2011 – $3,406,895.19
2012 – $3,406,912.40

NUNDA TOWNSHIP
2011 – $1,125,172.20
2012 – $1,125,172.20 (+0.3%)

Part of the Nunda Township Road District complex.

Part of the Nunda Township Road District complex.

NUNDA TOWNSHIP ROAD & BRIDGE DISTRICT
2011 – $3,332,592.47
2012 – $3,332,591.92

RICHMOND TOWNSHIP
2011 – $258,886.96
2012 – $262,771.67 (+1.2%)

SENECA TOWNSHIP
2011 – $172,300.92
2012 – $168,000.60 (-2.5%)

SENECA TOWNSHIP ROAD & BRIDGE DISTRICT
2011 – $266,055.92
2012 – $266,053.68

But let’s put the role of township government in perspective.  Below is what each type of government has billed (extended) this year:

  • Schools – $499 million (Only four districts are taking less money this year than they did last year.)

All the rest take $93 million will be funneled to special districts, as follows:

  • Huntley Village Hall

    Huntley Village Hall

    Municipalities – Almost $67 million (municipal Tax Increment Financing Districts will receive $2.3 million more)

  • Fire Protection Districts – $41.1 million
  • Community Colleges – $32 million
  • Townships – $26 million
  • Conservation District – $19.6 million
  • Library Districts – $16.1 million
  • Park Districts – $15.6 million
  • Miscellaneous Districts – $698,000
  • Sanitary Districts – $672.000
  • Cemetery Districts – $44,000

= = = = =
Other articles about the real estate tax bills that will be paid in 2013:

Tryon Recaps Veto Session

November 14, 2011 By: Cal Skinner Category: Com Ed, ComEd, Commonwealth Edison, Property Tax, Property Tax Bill, Property Tax Cap, Property Tax Exemption, Property Tax Relief, Rate Hike, Regional Superintendent of Education, Regional Superintendent of Schools, Veto Override Session, Veto Session

Mike Tryon

An email from State Rep. Mike Tryon:

Our second week of veto session has ended, and while typically this would signify the end of the fall veto session, legislators are being called back to Springfield on Tuesday, November 29 to consider additional business. However, during the last few weeks several noteworthy votes have occurred.

House Bill 3793: Limits Property Tax Increases in Declining Housing Markets

Limiting property tax increases during times when housing values are declining is a discussion that needs to occur. The same tax cap laws that protected taxpayers in the years of unprecedented growth and prosperity in this area are now causing property taxes to increase while housing values are going down.

I am very sensitive to the issues faced by taxpayers in this declining economy and believe the taxing laws must be changed to protect taxpayers when their property values are decreasing.

As I have said many times, the economy is contracting and people are adjusting their budgets and getting by on less.

I believe the public sector needs to do the same.

This week I voted in favor of House Bill 3793.

The bill failed by a large margin.

The roll call on limiting tax districts from extracting more money during declining real estate markets.

The bill would have amended the Property Tax Extension Limitation Law (PTELL) to prevent any taxing body in a tax capped county from collecting an increase in funding during a year when the area’s total assessed value decreases.

There was fierce opposition to the bill by

  • school districts,
  • municipalities and
  • other agencies which rely on public funding for their operations.

I understand this opposition because property taxes are a primary funding source for these agencies, which provide important services that we all expect and rely upon.

At a time when the State is not making timely or full payments to them, the passage of House Bill 3793 would have created a significant hardship.

I have plans to file a bill which will require taxing bodies to publish in the newspaper the percentage increase of their tax rate as budgets are being finalized. I believe this new level of transparency would allow stakeholders to have additional information and an increased opportunity to be involved as taxing bodies’ budgets and levies and finalized.

Senate Bill 77: Unemployment Insurance Reform

It was with pleasure that I joined all other members of the House of Representatives in supporting Senate Bill 72, which reforms Illinois’ unemployment insurance system. Today the Unemployment Insurance Trust Fund has a projected deficit of $2.4 billion. This staggering sum threatens the very sustainability of this important safety net for working families. Through this bill, the fund will become fully solvent by 2018 and it will provide $400 million in cost savings for employers across the state. Most importantly, these reforms will be accomplished without raising taxes. The provisions of the bill should also help create private sector jobs and reinvigorate the Illinois economy.

Senate Bill 2147: Funding for Regional Offices of Education

Governor Quinn used his veto power several months ago to eliminate funding for Regional Offices of Education (ROEs) and their employees. Because of his veto, Regional Superintendents have not been paid since June. In fact, in McHenry County, the veto led to the current Regional Superintendent retiring early and the individual who had been elected to replace him declining the job. As a result, Lake County officials have been taking care of McHenry County’s ROE needs for the last five months.

I am a strong supporter of Regional Offices of Education and the statutory services they provide, and I voted in favor of restoring the funding for the remainder of this year from the personal property replacement taxes that are distributed to local governments each year. At the conclusion of this fiscal year funding for ROE’s will revert back to the General fund where I believe it belongs. The bill also creates a 15-member streamlining commission that will look for opportunities to consolidate some offices and duties. I favor the creation of this commission and look forward to learning about how we can increase efficiency and save money in these offices.

Senate Bill 1701: Emergency Medical Services Access

This bill amends the Illinois Controlled Substances Act and the Methamphetamine Control and Community Protection Act by providing that any person who, in good faith, dials 911 or seeks medical treatment for someone experiencing a drug overdose shall not be charged with a crime. I voted against this bill because I know that today in our area those who call in an expected overdose are usually not charged with a crime.

The bill creates a situation where drug dealers who administer a fatal dose of a tainted drug could escape prosecution. I believe strongly that drug dealers need to be prosecuted. The “common sense” approach currently used in our area appears to be working and I think we need to continue to look at each drug overdose case individually. However, the bill passed in the House and is now pending in the Illinois Senate.

Senate Bill 1652: Com Ed Smart Grid

Today, 44 states have some level of smart grid technology in place, and when Illinois lawmakers approved a bill several months ago to modernize Illinois’ grid, Governor Quinn vetoed it. During the first week of veto session, members of the House and Senate voted to override Governor Quinn’s veto. I voted in favor of the override and did so in part so that Illinois could become more competitive in attracting new businesses and jobs.

The original roll call on the bill that State Rep. Mike Tryon calls the "Smart Grid" bill.

The override means that once the improvements are in place, Illinoisans will have fewer and less widespread power outages than we have today. It will also provide the framework for Commonwealth Edison and Ameren to respond more quickly to network problems.

The fall veto override of the Com Ed bill Governor Pat Quinn vetoed.

The need to upgrade our electrical grid was never more obvious than earlier this year when many collar county residents were without power for extended periods of time due to storms. But Oak Park, which has been using the smart grid technology on an experimental basis since 2010, escaped the summer’s widespread storm outages while communities all around it suffered significant power outages. The Smart Grid improvements would not only help prevent widespread outages, but it would also provide for a wholesale technology upgrade that will eventually lower overall electrical costs.

A trailer bill presented the first week of veto session included language that lowers the profit rate for Commonwelath Edison and Ameren to rates that are lower than what the Illinois Commerce Commission (ICC) has allowed in the past.

The roll call on the Com Ed "trailer" bill.

The new language also toughens the performance standards they must meet and increases the amount of money they must spend to improve the infrastructure. The trailer bill also calls for the creation of a fund to help those of lower socioeconomic circumstances pay their electric bills. Based on the changes included in the trailer bill, a consortium of 42 suburbs withdrew its opposition to the bill prior to the override votes.

Gaming Expansion in Illinois

A new gaming bill that scaled back a gambling expansion package approved by the General Assembly several months ago was soundly defeated by the House last week. I voted against the gambling expansion bill when it was originally presented almost six months ago and I voted against the scaled back version last week. The new bill dropped a provision that would have allowed for slot machines at Chicago airports and the state fairgrounds, and addressed concerns by some that regulations were not stringent enough. However, the new plan still allowed for five new casinos in Illinois and permitted racetracks to operate slot machines.

I am not opposed to a modest expansion of gaming in our state such as the addition of slot machines at racetracks. The racing industry is a large part of the McHenry County economy. In my current legislative district, there are 13 thoroughbred farms and several other farms which supply crops and feed for the horses. My issue with the bill was the large nature of the expansion and the way in which the revenue would be spent. It is my hope that a new, scaled back version can be considered when we return to Springfield on November 29.

Coming Up… The Status of Pension Reform and, the Proposal to Close Seven State Facilities and the Sears EDA

Pension Reform…

There are a few other issues that may be debate and/or resolved when the General Assembly returns to Springfield on November 29. I am a member of the pension reform committee and we have met many times to discuss ways to stabilize the state’s pension system.

Today’s pension system includes an $86 billion unfunded liability. Those negotiations are ongoing and I look forward to reading Senate Bill 512 when it reaches its final form.

It is imperative that we solve the pension crisis, but we must do so in a manner that once and for all stabilizes the system without placing the $86 billion liability onto the backs of the taxpayers.

Facility Closures…

As you have probably heard, Governor Quinn recently recommended closing seven state facilities due to budget shortfalls. His announcement was premature, ill-thought out and included no plan for how the patients and inmates would be transitioned to new facilities.

It was nothing more than a political move on his part, and yet another attempt to press for additional funding by using some of Illinois’ most vulnerable citizens as pawns.

I also serve on the Commission on Government Forecasting and Accountability, and as a group we have been visiting these facilities and holding hearings over the last several weeks.

On Oct. 27 we voted against closing the Murphysboro juvenile detention center, Mabley Developmental Center in Dixon, Singer Mental Health Center in Rockford and Chester Mental Health Center.

Last week we voiced similar concerns by recommending against the closure of the Logan Correctional facility in Murphysboro, the Jacksonville Developmental Center and the Tinley Park Mental Hospital.

I am very much in favor of looking for opportunities to blend services so that efficiencies for providing services can be optimized. I also welcome an opportunity to review a comprehensive plan which includes a thorough cost-benefit analysis. To date, we have seen no plan and no cost-benefit analysis.

As the issue moves forward, I feel strongly that any ultimate changes would need to include a provision for a smooth transition for the individuals served by these facilitates.

Sears EDA…

Lastly, there has been much discussion and debate lately about Sears EDA in Hoffman Estates. As the 23-year tax incentive that brought Sears to Hoffman Estates approaches its 2013 expiration date, Sears is looking to the General Assembly to extend the terms of the EDA for an additional 15 years.

A huge property tax subsidy was passed over 23 years ago to help finance the move of Sears' corporate headquarters from the Sears Tower in Chicago's Loop to farmland next to the Northwest Tollway in Hoffman Estates. The legislator representing District 300, State Rep. Deloris Doederlein voted against the bill.

I am firmly opposed to the 15-year extension.

For the last 22 years, Sears has operated out of their space along I-90 between Beverly Road and Route 59 while enjoying significant property tax relief. I favor those original incentives and believe that at the time they were a necessary “carrot” that lured Sears and other businesses to the Hoffman Estates location. Jobs were created and the economic impact was very favorable.

District 300 officials have waited for the day when the EDA would expire so they could begin collecting the property tax revenue that rightfully belongs to them. Some legislators are trying to push through an incentive package that places the lion’s share of the sacrifice onto the backs of District 300 taxpayers. Simply put, it isn’t fair. It is my hope that my colleagues in the House and Senate slow down, take a step back, and create a piece of legislation that entices Sears to stay in Illinois while still being fair to the District 300 taxpayers.

I believe strongly that the next incentive package should be structured like the package we used to keep Motorola and its jobs in Illinois. The State gave Motorola a $100 million incentive package based on “EDGE” credits, whereby a percentage of the income taxes paid by Motorola employees was rebated back to the company. It was an incentive that was very lucrative for Motorola, and it wasn’t done at the expense of local taxpayers.

Clearly, all of Illinois is enriched by the economic activity that Sears brings to our state.

Therefore it is not equitable for the taxpayers of one school district to provide the overwhelming majority of the financial incentive that keeps Sears here. Since everyone benefits if Sears stays in Illinois, everyone should share in contributing toward making that happen.

As always, it is a pleasure to serve you in Springfield and at home. If I, or a member of my staff, may be of assistance to you in any way, please do not hesitate to contact my Crystal Lake office at (815) 459-6453 or at mike@miketryon.com.

Sincerely,

Michael W. Tryon
State Representative, District 64

Township Officials Oppose Tax Diversion, Limitation

October 26, 2011 By: Cal Skinner Category: Extension, Lobbying, Lobbyist, Personal Property Tax, Property Tax, Property Tax Bill, Property Tax Cap, Property Tax Exemption, Real Estate, Real Estate Assessments, Real Estate Tax Bill, Regional Superintendent of Education, Regional Superintendent of Schools, Tax, Tax Bill, Tax Cap, Township, Township Officials of Illinois

The lobbying arm of Illinois Township Officials is urging local members to call their legislators to ask them to oppose two bills.

One takes money from a state subsidy that should have been phased out decades ago. It looks like an income tax to business. Actually, it is an income tax, but it was levied when the hated Personal Property Tax was lifted from business in order to replace the lost local tax.

I wish I had been in office so I could have tried to keep the total amount replaced from increasing. It should have been a tax whose negative impact on business would have decreased over time as the rate needed to raise the lost local tax revenue would have gone down.

In any event, the Township Officials of Illinois object to diverting part of that replacement tax to pay the salaries of Regional Superintendents of Schools.

The lobbying group also opposes Jack Franks’ bill to prevent increasing local governments’ tax take when property values and, hence, real estate assessments are going down.

Here is the email of lobbyist Bryan E. Smith, Executive Director of TOI:

  • House Bill 3828 was introduced and would divert money from the Corporate Personal Property Replacement Tax Fund to pay the salaries and benefits of Regional School Superintendents. TOI is OPPOSED to a diversion like this that would take money away from local governments, including townships and road districts. Late yesterday the bill was called in the House Revenue and Finance Committee and was passed out on a strictly party-line vote despite the opposition of virtually all local government groups. WE NEED YOUR HELP NOW! We need to have everyone call their State Representative(s) NOW and ask them to vote NO on House Bill 3828 when it is called for a vote in the House. It is time the State stop diverting money that is designated for local governments.
  • Another bill we have been closely following is House Bill 3793. This bill amends the Property Tax Extension Limitation Law (PTELL) to prevent a taxing district (Townships and Road Districts included) from capturing the CPI increase for its extension limitation if the district’s total EAV is less than the previous levy year. TOI OPPOSES this bill because it would reduce available property tax revenues for Townships and Road Districts. PTELL (Tax Caps) already limits (in those counties that have tax caps) the ability of Townships/Road Districts to capture all available growth during good economic times. It would be very unfair to also prevent a township/road district from capturing minimal cost-of-living increases that are available.

Naturally, tax dollars finance the Township Officials of Illinois.

Don’t you wish you could get tax dollars to finance your lobbying of the state legislature?

Hospitals at Risk for Paying Property Taxes

August 18, 2011 By: Cal Skinner Category: Exemption, Hospital, Property Tax, Property Tax Bill, Property Tax Exemption, Real Estate Assessments, Real Estate Exemption, Real Estate Tax, Real Estate Tax Bill

McHenry County’s biggest employer is Centegra Health System.

It operates two hospitals as not-for-profit enterprises.

Yesterday, discussions were undoubtedly being held at Centegra and Mercy Health Systems (operators of the Harvard Hospital) concerning the revocation of the property tax exemption for three Illinois hospitals:

  • Prentice Women’s Hospital (part of the Northwestern Memorial complex),
  • Edwards Hospital (whose president blew the whistle on Stuart Levine when he tried to shake down her institution in return for an expansion in Will County) and
  • Decatur Memorial Hospital

Looking at “charity care,” based on an Illinois Supreme Court decision regarding the stripping of real estate tax exempt status of Urbana’s Provena Covenant Medical Center.

The Champaign County hospital now pays $1.2 million to local tax districts.

The Macon County Board of (Assessment) Review had assessed the Decatur hospital.

As far as I know, there is no immediate threat to Centegra’s two hospitals.

Looks Like Hospital Costs Could Be Going Up

March 18, 2010 By: Cal Skinner Category: David Bertausk, Exemption, Hospital, Illinois Supreme Court, Legal Assistance Foundation of Metropolitan Chicago, Property Tax, Property Tax Exemption, Provena, Provena Covenant, Provena Health, Provena St. Joe's, Real Estate Exemption, Robert Thomas

From Provena's web page.

A decision by the Illinois Supreme Court striping Urbana’s Provena Covenant Medical Centerl’s not-for-profit real estate tax exemption will reverberate across the state. Thanks to Capital Fax Blog for alerting me to the case.

Folks in Cook County have already been eying taxing hospitals. The Legal Assistance Foundation of Metropolitan Chicago filed a brief in support of ending the exemption.

This case may mean that any Board of Review can impose taxes on a hospital by removing its charitable exemption, if the Illinois Department of Revenue agrees.

Elgin’s Provena St. Joseph Hospital is part of the four-facility Catholic Church ownership group.

2nd Appellate Supreme Court Justice Robert Thomas concurred with the opinion.

The property tax bill in question amounted to $1.1 million.

Below is the reaction of the hospital to the decision:

Provena Covenant Officials Comment on High Court Ruling
03/18/2010Officials at Urbana-based Provena Covenant today released the following statement regarding an Illinois Supreme Court ruling that denied the Catholic hospital ministry exemption from paying property taxes:

“We are deeply disappointed that the Illinois Supreme Court has denied the property tax exemption of Provena Covenant Medical Center,” said Jon “Cody” Sokolski, Chair of the Board of Provena Covenant Medical Center.

“Provena Covenant Medical Center cares for all in our community who need our health services regardless of their ability to pay. Throughout this controversy, we continued to demonstrate that enduring commitment to Urbana-Champaign. In 2008, we provided more than $38 million in free care and other community benefits. Our goal is to carry on in our charitable works, despite the fact that this ruling restricts our ability to do so.”

David Bertauski, President and CEO of Provena Covenant, added,

“We are deeply grateful to those who support us, especially our dedicated employees who selflessly bring compassionate, faith-based care to our patients each and every day.

“We can only hope this troubling ruling prompts a dialogue among hospitals and elected officials to dialogue about not only how we define charity care but also how we better ensure that the people who need financial assistance get it. We will work to lead the way.”

In reading the decision, one deciding factor seems to be

“its funds are not derived mainly from private and public charity and held in trust for the purposes expressed in the charter. They are generated, overwhelmingly, by providing medical services for a fee.”

Another deciding factor was Provena

“likewise failed to show by clear and convincing evidence that it satisfied factors three or five, namely, that it dispensed charity to all who needed it and applied for it and did not appear to place any obstacles in the way of those who needed and would have availed themselves of the charitable benefits it dispenses.”

This part of the decision seems important:

“While Illinois law has never required that there be a direct, dollar-for-dollar correlation between the value of the tax exemption and the value of the goods or services provided by the charity, it is a sine qua non of charitable status that those seeking a charitable exemption be able to demonstrate that their activities will help alleviate some financial burden incurred by the affected taxing bodies in performing their governmental functions.”

In a dissent by Justice Ann Burke, she wrote,

“By imposing a quantum of care requirement and monetary threshold, the plurality is injecting itself into matters best left to the legislature.

“The legislature did not set forth a monetary threshold for evaluating charitable use. We may not annex new provisions or add conditions to the language of a statute.”

The wife of Chicago Alderman Ed Burke is, of course, a Democrat.

She “also disagree(d) with the plurality’s conclusion that Provena Hospitals was ‘required to demonstrate that its use of the property helped alleviate the financial burdens faced by the county or at least one of the other entities supported by the county’s taxpayers.’”