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1 | AN ACT concerning revenue.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The Property Tax Code is amended by changing | ||||||
5 | Sections 18-185, 18-205, and 18-214 as follows: | ||||||
6 | (35 ILCS 200/18-185)
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7 | Sec. 18-185. Short title; definitions. This Division 5 may | ||||||
8 | be cited as the
Property Tax Extension Limitation Law. As used | ||||||
9 | in this Division 5:
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10 | "Consumer Price Index" means the Consumer Price Index for | ||||||
11 | All Urban
Consumers for all items published by the United | ||||||
12 | States Department of Labor.
| ||||||
13 | "Extension limitation" , except as otherwise provided in | ||||||
14 | this paragraph, means (a) the lesser of 5% or the percentage | ||||||
15 | increase
in the Consumer Price Index during the 12-month | ||||||
16 | calendar year preceding the
levy year or (b) the rate of | ||||||
17 | increase approved by voters under Section 18-205.
Beginning in | ||||||
18 | levy year 2022, for taxing districts that are school districts | ||||||
19 | other than qualified school districts, "extension limitation" | ||||||
20 | means 0% or the rate of increase approved by the voters under | ||||||
21 | Section 18-205, except that, if a special purpose extension (i) | ||||||
22 | made for the payment of principal and interest on bonds or | ||||||
23 | other evidences of indebtedness issued by the taxing district |
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| |||||||
1 | or (ii) made for contributions to a pension fund created under | ||||||
2 | the Illinois Pension Code was required to be included in a | ||||||
3 | school district's aggregate extension for the 2021 levy year, | ||||||
4 | then the extension limitation for that extension shall be (a) | ||||||
5 | the lesser of 5% or the percentage increase
in the Consumer | ||||||
6 | Price Index during the 12-month calendar year preceding the
| ||||||
7 | levy year or (b) the rate of increase approved by voters under | ||||||
8 | Section 18-205.
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9 | "Affected county" means a county of 3,000,000 or more | ||||||
10 | inhabitants or a
county contiguous to a county of 3,000,000 or | ||||||
11 | more inhabitants.
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12 | "Taxing district" has the same meaning provided in Section | ||||||
13 | 1-150, except as
otherwise provided in this Section. For the | ||||||
14 | 1991 through 1994 levy years only,
"taxing district" includes | ||||||
15 | only each non-home rule taxing district having the
majority of | ||||||
16 | its
1990 equalized assessed value within any county or counties | ||||||
17 | contiguous to a
county with 3,000,000 or more inhabitants. | ||||||
18 | Beginning with the 1995 levy
year, "taxing district" includes | ||||||
19 | only each non-home rule taxing district
subject to this Law | ||||||
20 | before the 1995 levy year and each non-home rule
taxing | ||||||
21 | district not subject to this Law before the 1995 levy year | ||||||
22 | having the
majority of its 1994 equalized assessed value in an | ||||||
23 | affected county or
counties. Beginning with the levy year in
| ||||||
24 | which this Law becomes applicable to a taxing district as
| ||||||
25 | provided in Section 18-213, "taxing district" also includes | ||||||
26 | those taxing
districts made subject to this Law as provided in |
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| |||||||
1 | Section 18-213.
Beginning in levy year 2022, "taxing district" | ||||||
2 | also includes each school district in the State, but does not | ||||||
3 | include a qualified school district that was not subject to | ||||||
4 | this Law in the 2021 levy year.
| ||||||
5 | "Aggregate extension" for taxing districts to which this | ||||||
6 | Law applied before
the 1995 levy year means the annual | ||||||
7 | corporate extension for the taxing
district and those special | ||||||
8 | purpose extensions that are made annually for
the taxing | ||||||
9 | district, excluding special purpose extensions: (a) made for | ||||||
10 | the
taxing district to pay interest or principal on general | ||||||
11 | obligation bonds
that were approved by referendum; (b) made for | ||||||
12 | any taxing district to pay
interest or principal on general | ||||||
13 | obligation bonds issued before October 1,
1991; (c) made for | ||||||
14 | any taxing district to pay interest or principal on bonds
| ||||||
15 | issued to refund or continue to refund those bonds issued | ||||||
16 | before October 1,
1991; (d)
made for any taxing district to pay | ||||||
17 | interest or principal on bonds
issued to refund or continue to | ||||||
18 | refund bonds issued after October 1, 1991 that
were approved by | ||||||
19 | referendum; (e)
made for any taxing district to pay interest
or | ||||||
20 | principal on revenue bonds issued before October 1, 1991 for | ||||||
21 | payment of
which a property tax levy or the full faith and | ||||||
22 | credit of the unit of local
government is pledged; however, a | ||||||
23 | tax for the payment of interest or principal
on those bonds | ||||||
24 | shall be made only after the governing body of the unit of | ||||||
25 | local
government finds that all other sources for payment are | ||||||
26 | insufficient to make
those payments; (f) made for payments |
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1 | under a building commission lease when
the lease payments are | ||||||
2 | for the retirement of bonds issued by the commission
before | ||||||
3 | October 1, 1991, to pay for the building project; (g) made for | ||||||
4 | payments
due under installment contracts entered into before | ||||||
5 | October 1, 1991;
(h) made for payments of principal and | ||||||
6 | interest on bonds issued under the
Metropolitan Water | ||||||
7 | Reclamation District Act to finance construction projects
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8 | initiated before October 1, 1991; (i) made for payments of | ||||||
9 | principal and
interest on limited bonds, as defined in Section | ||||||
10 | 3 of the Local Government Debt
Reform Act, in an amount not to | ||||||
11 | exceed the debt service extension base less
the amount in items | ||||||
12 | (b), (c), (e), and (h) of this definition for
non-referendum | ||||||
13 | obligations, except obligations initially issued pursuant to
| ||||||
14 | referendum; (j) made for payments of principal and interest on | ||||||
15 | bonds
issued under Section 15 of the Local Government Debt | ||||||
16 | Reform Act; (k)
made
by a school district that participates in | ||||||
17 | the Special Education District of
Lake County, created by | ||||||
18 | special education joint agreement under Section
10-22.31 of the | ||||||
19 | School Code, for payment of the school district's share of the
| ||||||
20 | amounts required to be contributed by the Special Education | ||||||
21 | District of Lake
County to the Illinois Municipal Retirement | ||||||
22 | Fund under Article 7 of the
Illinois Pension Code; the amount | ||||||
23 | of any extension under this item (k) shall be
certified by the | ||||||
24 | school district to the county clerk; (l) made to fund
expenses | ||||||
25 | of providing joint recreational programs for persons with | ||||||
26 | disabilities under
Section 5-8 of
the
Park District Code or |
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| |||||||
1 | Section 11-95-14 of the Illinois Municipal Code; (m) made for | ||||||
2 | temporary relocation loan repayment purposes pursuant to | ||||||
3 | Sections 2-3.77 and 17-2.2d of the School Code; (n) made for | ||||||
4 | payment of principal and interest on any bonds issued under the | ||||||
5 | authority of Section 17-2.2d of the School Code; (o) made for | ||||||
6 | contributions to a firefighter's pension fund created under | ||||||
7 | Article 4 of the Illinois Pension Code, to the extent of the | ||||||
8 | amount certified under item (5) of Section 4-134 of the | ||||||
9 | Illinois Pension Code; and (p) made for road purposes in the | ||||||
10 | first year after a township assumes the rights, powers, duties, | ||||||
11 | assets, property, liabilities, obligations, and
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12 | responsibilities of a road district abolished under the | ||||||
13 | provisions of Section 6-133 of the Illinois Highway Code.
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14 | Beginning in levy year 2022, this definition of "aggregate | ||||||
15 | extension" applies to each school district that was subject to | ||||||
16 | this definition of "aggregate extension" for the 2021 levy | ||||||
17 | year.
| ||||||
18 | "Aggregate extension" for the taxing districts to which | ||||||
19 | this Law did not
apply before the 1995 levy year (except taxing | ||||||
20 | districts subject to this Law
in
accordance with Section | ||||||
21 | 18-213) means the annual corporate extension for the
taxing | ||||||
22 | district and those special purpose extensions that are made | ||||||
23 | annually for
the taxing district, excluding special purpose | ||||||
24 | extensions: (a) made for the
taxing district to pay interest or | ||||||
25 | principal on general obligation bonds that
were approved by | ||||||
26 | referendum; (b) made for any taxing district to pay interest
or |
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| |||||||
1 | principal on general obligation bonds issued before March 1, | ||||||
2 | 1995; (c) made
for any taxing district to pay interest or | ||||||
3 | principal on bonds issued to refund
or continue to refund those | ||||||
4 | bonds issued before March 1, 1995; (d) made for any
taxing | ||||||
5 | district to pay interest or principal on bonds issued to refund | ||||||
6 | or
continue to refund bonds issued after March 1, 1995 that | ||||||
7 | were approved by
referendum; (e) made for any taxing district | ||||||
8 | to pay interest or principal on
revenue bonds issued before | ||||||
9 | March 1, 1995 for payment of which a property tax
levy or the | ||||||
10 | full faith and credit of the unit of local government is | ||||||
11 | pledged;
however, a tax for the payment of interest or | ||||||
12 | principal on those bonds shall be
made only after the governing | ||||||
13 | body of the unit of local government finds that
all other | ||||||
14 | sources for payment are insufficient to make those payments; | ||||||
15 | (f) made
for payments under a building commission lease when | ||||||
16 | the lease payments are for
the retirement of bonds issued by | ||||||
17 | the commission before March 1, 1995 to
pay for the building | ||||||
18 | project; (g) made for payments due under installment
contracts | ||||||
19 | entered into before March 1, 1995; (h) made for payments of
| ||||||
20 | principal and interest on bonds issued under the Metropolitan | ||||||
21 | Water Reclamation
District Act to finance construction | ||||||
22 | projects initiated before October 1,
1991; (h-4) made for | ||||||
23 | stormwater management purposes by the Metropolitan Water | ||||||
24 | Reclamation District of Greater Chicago under Section 12 of the | ||||||
25 | Metropolitan Water Reclamation District Act; (i) made for | ||||||
26 | payments of principal and interest on limited bonds,
as defined |
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1 | in Section 3 of the Local Government Debt Reform Act, in an | ||||||
2 | amount
not to exceed the debt service extension base less the | ||||||
3 | amount in items (b),
(c), and (e) of this definition for | ||||||
4 | non-referendum obligations, except
obligations initially | ||||||
5 | issued pursuant to referendum and bonds described in
subsection | ||||||
6 | (h) of this definition; (j) made for payments of
principal and | ||||||
7 | interest on bonds issued under Section 15 of the Local | ||||||
8 | Government
Debt Reform Act; (k) made for payments of principal | ||||||
9 | and interest on bonds
authorized by Public Act 88-503 and | ||||||
10 | issued under Section 20a of the Chicago
Park District Act for | ||||||
11 | aquarium or
museum projects; (l) made for payments of principal | ||||||
12 | and interest on
bonds
authorized by Public Act 87-1191 or | ||||||
13 | 93-601 and (i) issued pursuant to Section 21.2 of the Cook | ||||||
14 | County Forest
Preserve District Act, (ii) issued under Section | ||||||
15 | 42 of the Cook County
Forest Preserve District Act for | ||||||
16 | zoological park projects, or (iii) issued
under Section 44.1 of | ||||||
17 | the Cook County Forest Preserve District Act for
botanical | ||||||
18 | gardens projects; (m) made
pursuant
to Section 34-53.5 of the | ||||||
19 | School Code, whether levied annually or not;
(n) made to fund | ||||||
20 | expenses of providing joint recreational programs for persons | ||||||
21 | with disabilities under Section 5-8 of the Park
District Code | ||||||
22 | or Section 11-95-14 of the Illinois Municipal Code;
(o) made by | ||||||
23 | the
Chicago Park
District for recreational programs for persons | ||||||
24 | with disabilities under subsection (c) of
Section
7.06 of the | ||||||
25 | Chicago Park District Act; (p) made for contributions to a | ||||||
26 | firefighter's pension fund created under Article 4 of the |
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| |||||||
1 | Illinois Pension Code, to the extent of the amount certified | ||||||
2 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
3 | (q) made by Ford Heights School District 169 under Section | ||||||
4 | 17-9.02 of the School Code; and (r) made for the purpose of | ||||||
5 | making employer contributions to the Public School Teachers' | ||||||
6 | Pension and Retirement Fund of Chicago under Section 34-53 of | ||||||
7 | the School Code.
Beginning in levy year 2022, this definition | ||||||
8 | of "aggregate extension" applies to each school district that | ||||||
9 | was subject to this definition of "aggregate extension" for the | ||||||
10 | 2021 levy year.
| ||||||
11 | "Aggregate extension" for all taxing districts to which | ||||||
12 | this Law applies in
accordance with Section 18-213, except for | ||||||
13 | those taxing districts subject to
paragraph (2) of subsection | ||||||
14 | (e) of Section 18-213, means the annual corporate
extension for | ||||||
15 | the
taxing district and those special purpose extensions that | ||||||
16 | are made annually for
the taxing district, excluding special | ||||||
17 | purpose extensions: (a) made for the
taxing district to pay | ||||||
18 | interest or principal on general obligation bonds that
were | ||||||
19 | approved by referendum; (b) made for any taxing district to pay | ||||||
20 | interest
or principal on general obligation bonds issued before | ||||||
21 | the date on which the
referendum making this
Law applicable to | ||||||
22 | the taxing district is held; (c) made
for any taxing district | ||||||
23 | to pay interest or principal on bonds issued to refund
or | ||||||
24 | continue to refund those bonds issued before the date on which | ||||||
25 | the
referendum making this Law
applicable to the taxing | ||||||
26 | district is held;
(d) made for any
taxing district to pay |
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| |||||||
1 | interest or principal on bonds issued to refund or
continue to | ||||||
2 | refund bonds issued after the date on which the referendum | ||||||
3 | making
this Law
applicable to the taxing district is held if | ||||||
4 | the bonds were approved by
referendum after the date on which | ||||||
5 | the referendum making this Law
applicable to the taxing | ||||||
6 | district is held; (e) made for any
taxing district to pay | ||||||
7 | interest or principal on
revenue bonds issued before the date | ||||||
8 | on which the referendum making this Law
applicable to the
| ||||||
9 | taxing district is held for payment of which a property tax
| ||||||
10 | levy or the full faith and credit of the unit of local | ||||||
11 | government is pledged;
however, a tax for the payment of | ||||||
12 | interest or principal on those bonds shall be
made only after | ||||||
13 | the governing body of the unit of local government finds that
| ||||||
14 | all other sources for payment are insufficient to make those | ||||||
15 | payments; (f) made
for payments under a building commission | ||||||
16 | lease when the lease payments are for
the retirement of bonds | ||||||
17 | issued by the commission before the date on which the
| ||||||
18 | referendum making this
Law applicable to the taxing district is | ||||||
19 | held to
pay for the building project; (g) made for payments due | ||||||
20 | under installment
contracts entered into before the date on | ||||||
21 | which the referendum making this Law
applicable to
the taxing | ||||||
22 | district is held;
(h) made for payments
of principal and | ||||||
23 | interest on limited bonds,
as defined in Section 3 of the Local | ||||||
24 | Government Debt Reform Act, in an amount
not to exceed the debt | ||||||
25 | service extension base less the amount in items (b),
(c), and | ||||||
26 | (e) of this definition for non-referendum obligations, except
|
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| |||||||
1 | obligations initially issued pursuant to referendum; (i) made | ||||||
2 | for payments
of
principal and interest on bonds issued under | ||||||
3 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
4 | for a qualified airport authority to pay interest or principal | ||||||
5 | on
general obligation bonds issued for the purpose of paying | ||||||
6 | obligations due
under, or financing airport facilities | ||||||
7 | required to be acquired, constructed,
installed or equipped | ||||||
8 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
9 | not including any amendments to such a contract taking effect | ||||||
10 | on
or after that date); (k) made to fund expenses of providing | ||||||
11 | joint
recreational programs for persons with disabilities | ||||||
12 | under Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
13 | of the Illinois Municipal Code; (l) made for contributions to a | ||||||
14 | firefighter's pension fund created under Article 4 of the | ||||||
15 | Illinois Pension Code, to the extent of the amount certified | ||||||
16 | under item (5) of Section 4-134 of the Illinois Pension Code; | ||||||
17 | and (m) made for the taxing district to pay interest or | ||||||
18 | principal on general obligation bonds issued pursuant to | ||||||
19 | Section 19-3.10 of the School Code.
Beginning in levy year | ||||||
20 | 2022, this definition of "aggregate extension" applies to each | ||||||
21 | school district that was subject to this definition of | ||||||
22 | "aggregate extension" for the 2021 levy year.
| ||||||
23 | "Aggregate extension" for all taxing districts to which | ||||||
24 | this Law applies in
accordance with paragraph (2) of subsection | ||||||
25 | (e) of Section 18-213 means the
annual corporate extension for | ||||||
26 | the
taxing district and those special purpose extensions that |
| |||||||
| |||||||
1 | are made annually for
the taxing district, excluding special | ||||||
2 | purpose extensions: (a) made for the
taxing district to pay | ||||||
3 | interest or principal on general obligation bonds that
were | ||||||
4 | approved by referendum; (b) made for any taxing district to pay | ||||||
5 | interest
or principal on general obligation bonds issued before | ||||||
6 | the effective date of
this amendatory Act of 1997;
(c) made
for | ||||||
7 | any taxing district to pay interest or principal on bonds | ||||||
8 | issued to refund
or continue to refund those bonds issued | ||||||
9 | before the effective date
of this amendatory Act of 1997;
(d) | ||||||
10 | made for any
taxing district to pay interest or principal on | ||||||
11 | bonds issued to refund or
continue to refund bonds issued after | ||||||
12 | the effective date of this amendatory Act
of 1997 if the bonds | ||||||
13 | were approved by referendum after the effective date of
this | ||||||
14 | amendatory Act of 1997;
(e) made for any
taxing district to pay | ||||||
15 | interest or principal on
revenue bonds issued before the | ||||||
16 | effective date of this amendatory Act of 1997
for payment of | ||||||
17 | which a property tax
levy or the full faith and credit of the | ||||||
18 | unit of local government is pledged;
however, a tax for the | ||||||
19 | payment of interest or principal on those bonds shall be
made | ||||||
20 | only after the governing body of the unit of local government | ||||||
21 | finds that
all other sources for payment are insufficient to | ||||||
22 | make those payments; (f) made
for payments under a building | ||||||
23 | commission lease when the lease payments are for
the retirement | ||||||
24 | of bonds issued by the commission before the effective date
of | ||||||
25 | this amendatory Act of 1997
to
pay for the building project; | ||||||
26 | (g) made for payments due under installment
contracts entered |
| |||||||
| |||||||
1 | into before the effective date of this amendatory Act of
1997;
| ||||||
2 | (h) made for payments
of principal and interest on limited | ||||||
3 | bonds,
as defined in Section 3 of the Local Government Debt | ||||||
4 | Reform Act, in an amount
not to exceed the debt service | ||||||
5 | extension base less the amount in items (b),
(c), and (e) of | ||||||
6 | this definition for non-referendum obligations, except
| ||||||
7 | obligations initially issued pursuant to referendum; (i) made | ||||||
8 | for payments
of
principal and interest on bonds issued under | ||||||
9 | Section 15 of the Local Government
Debt Reform Act;
(j)
made | ||||||
10 | for a qualified airport authority to pay interest or principal | ||||||
11 | on
general obligation bonds issued for the purpose of paying | ||||||
12 | obligations due
under, or financing airport facilities | ||||||
13 | required to be acquired, constructed,
installed or equipped | ||||||
14 | pursuant to, contracts entered into before March
1, 1996 (but | ||||||
15 | not including any amendments to such a contract taking effect | ||||||
16 | on
or after that date); (k) made to fund expenses of providing | ||||||
17 | joint
recreational programs for persons with disabilities | ||||||
18 | under Section 5-8 of
the
Park District Code or Section 11-95-14 | ||||||
19 | of the Illinois Municipal Code; and (l) made for contributions | ||||||
20 | to a firefighter's pension fund created under Article 4 of the | ||||||
21 | Illinois Pension Code, to the extent of the amount certified | ||||||
22 | under item (5) of Section 4-134 of the Illinois Pension Code.
| ||||||
23 | Beginning in levy year 2022, this definition of "aggregate | ||||||
24 | extension" applies to each school district that was subject to | ||||||
25 | this definition of "aggregate extension" for the 2021 levy | ||||||
26 | year.
|
| |||||||
| |||||||
1 | "Aggregate extension", for school districts that were not | ||||||
2 | subject to this Law in the 2021 levy year, means the annual | ||||||
3 | corporate extension for the school district and those special | ||||||
4 | purpose extensions that are made annually for the taxing | ||||||
5 | district, excluding special purpose extensions: (a) made for | ||||||
6 | the payment of principal and interest on bonds or other | ||||||
7 | evidences of indebtedness issued by the school district; or (b) | ||||||
8 | made for contributions to a pension fund created under the | ||||||
9 | Illinois Pension Code. | ||||||
10 | "Debt service extension base" means an amount equal to that | ||||||
11 | portion of the
extension for a taxing district for the 1994 | ||||||
12 | levy year, or for those taxing
districts subject to this Law in | ||||||
13 | accordance with Section 18-213, except for
those subject to | ||||||
14 | paragraph (2) of subsection (e) of Section 18-213, for the
levy
| ||||||
15 | year in which the referendum making this Law applicable to the | ||||||
16 | taxing district
is held, or for those taxing districts subject | ||||||
17 | to this Law in accordance with
paragraph (2) of subsection (e) | ||||||
18 | of Section 18-213 for the 1996 levy year,
or, for those school | ||||||
19 | districts that are subject to this Law as a result of this | ||||||
20 | amendatory Act of the 101st General Assembly, for the 2021 levy | ||||||
21 | year, constituting an
extension for payment of principal and | ||||||
22 | interest on bonds issued by the taxing
district without | ||||||
23 | referendum, but not including excluded non-referendum bonds. | ||||||
24 | For park districts (i) that were first
subject to this Law in | ||||||
25 | 1991 or 1995 and (ii) whose extension for the 1994 levy
year | ||||||
26 | for the payment of principal and interest on bonds issued by |
| |||||||
| |||||||
1 | the park
district without referendum (but not including | ||||||
2 | excluded non-referendum bonds)
was less than 51% of the amount | ||||||
3 | for the 1991 levy year constituting an
extension for payment of | ||||||
4 | principal and interest on bonds issued by the park
district | ||||||
5 | without referendum (but not including excluded non-referendum | ||||||
6 | bonds),
"debt service extension base" means an amount equal to | ||||||
7 | that portion of the
extension for the 1991 levy year | ||||||
8 | constituting an extension for payment of
principal and interest | ||||||
9 | on bonds issued by the park district without referendum
(but | ||||||
10 | not including excluded non-referendum bonds). A debt service | ||||||
11 | extension base established or increased at any time pursuant to | ||||||
12 | any provision of this Law, except Section 18-212, shall be | ||||||
13 | increased each year commencing with the later of (i) the 2009 | ||||||
14 | levy year or (ii) the first levy year in which this Law becomes | ||||||
15 | applicable to the taxing district, by the lesser of 5% or the | ||||||
16 | percentage increase in the Consumer Price Index during the | ||||||
17 | 12-month calendar year preceding the levy year. The debt | ||||||
18 | service extension
base may be established or increased as | ||||||
19 | provided under Section 18-212.
"Excluded non-referendum bonds" | ||||||
20 | means (i) bonds authorized by Public
Act 88-503 and issued | ||||||
21 | under Section 20a of the Chicago Park District Act for
aquarium | ||||||
22 | and museum projects; (ii) bonds issued under Section 15 of the
| ||||||
23 | Local Government Debt Reform Act; or (iii) refunding | ||||||
24 | obligations issued
to refund or to continue to refund | ||||||
25 | obligations initially issued pursuant to
referendum.
| ||||||
26 | "Special purpose extensions" include, but are not limited |
| |||||||
| |||||||
1 | to, extensions
for levies made on an annual basis for | ||||||
2 | unemployment and workers'
compensation, self-insurance, | ||||||
3 | contributions to pension plans, and extensions
made pursuant to | ||||||
4 | Section 6-601 of the Illinois Highway Code for a road
| ||||||
5 | district's permanent road fund whether levied annually or not. | ||||||
6 | The
extension for a special service area is not included in the
| ||||||
7 | aggregate extension.
| ||||||
8 | "Aggregate extension base" means the taxing district's | ||||||
9 | last preceding
aggregate extension as adjusted under Sections | ||||||
10 | 18-135, 18-215,
18-230, and 18-206.
An adjustment under Section | ||||||
11 | 18-135 shall be made for the 2007 levy year and all subsequent | ||||||
12 | levy years whenever one or more counties within which a taxing | ||||||
13 | district is located (i) used estimated valuations or rates when | ||||||
14 | extending taxes in the taxing district for the last preceding | ||||||
15 | levy year that resulted in the over or under extension of | ||||||
16 | taxes, or (ii) increased or decreased the tax extension for the | ||||||
17 | last preceding levy year as required by Section 18-135(c). | ||||||
18 | Whenever an adjustment is required under Section 18-135, the | ||||||
19 | aggregate extension base of the taxing district shall be equal | ||||||
20 | to the amount that the aggregate extension of the taxing | ||||||
21 | district would have been for the last preceding levy year if | ||||||
22 | either or both (i) actual, rather than estimated, valuations or | ||||||
23 | rates had been used to calculate the extension of taxes for the | ||||||
24 | last levy year, or (ii) the tax extension for the last | ||||||
25 | preceding levy year had not been adjusted as required by | ||||||
26 | subsection (c) of Section 18-135.
|
| |||||||
| |||||||
1 | Notwithstanding any other provision of law, for levy year | ||||||
2 | 2012, the aggregate extension base for West Northfield School | ||||||
3 | District No. 31 in Cook County shall be $12,654,592. | ||||||
4 | "Levy year" has the same meaning as "year" under Section
| ||||||
5 | 1-155.
| ||||||
6 | "New property" means (i) the assessed value, after final | ||||||
7 | board of review or
board of appeals action, of new improvements | ||||||
8 | or additions to existing
improvements on any parcel of real | ||||||
9 | property that increase the assessed value of
that real property | ||||||
10 | during the levy year multiplied by the equalization factor
| ||||||
11 | issued by the Department under Section 17-30, (ii) the assessed | ||||||
12 | value, after
final board of review or board of appeals action, | ||||||
13 | of real property not exempt
from real estate taxation, which | ||||||
14 | real property was exempt from real estate
taxation for any | ||||||
15 | portion of the immediately preceding levy year, multiplied by
| ||||||
16 | the equalization factor issued by the Department under Section | ||||||
17 | 17-30, including the assessed value, upon final stabilization | ||||||
18 | of occupancy after new construction is complete, of any real | ||||||
19 | property located within the boundaries of an otherwise or | ||||||
20 | previously exempt military reservation that is intended for | ||||||
21 | residential use and owned by or leased to a private corporation | ||||||
22 | or other entity,
(iii) in counties that classify in accordance | ||||||
23 | with Section 4 of Article
IX of the
Illinois Constitution, an | ||||||
24 | incentive property's additional assessed value
resulting from | ||||||
25 | a
scheduled increase in the level of assessment as applied to | ||||||
26 | the first year
final board of
review market value, and (iv) any |
| |||||||
| |||||||
1 | increase in assessed value due to oil or gas production from an | ||||||
2 | oil or gas well required to be permitted under the Hydraulic | ||||||
3 | Fracturing Regulatory Act that was not produced in or accounted | ||||||
4 | for during the previous levy year.
In addition, the county | ||||||
5 | clerk in a county containing a population of
3,000,000 or more | ||||||
6 | shall include in the 1997
recovered tax increment value for any | ||||||
7 | school district, any recovered tax
increment value that was | ||||||
8 | applicable to the 1995 tax year calculations.
| ||||||
9 | "Qualified airport authority" means an airport authority | ||||||
10 | organized under
the Airport Authorities Act and located in a | ||||||
11 | county bordering on the State of
Wisconsin and having a | ||||||
12 | population in excess of 200,000 and not greater than
500,000.
| ||||||
13 | "Qualified school district" means a school district that | ||||||
14 | certifies to the county clerk of the county in which the school | ||||||
15 | district is located by October 15 immediately preceding the | ||||||
16 | first day of the levy year that the district meets either of | ||||||
17 | the following criteria: | ||||||
18 | (1) the school district submitted a claim or claims to | ||||||
19 | the Illinois State Board of Education for reimbursement of | ||||||
20 | State mandated categoricals, as provided in the School | ||||||
21 | Breakfast and Lunch Program Act or Section 14-7.02, | ||||||
22 | 14-7.03, 14-13.01, 18-3, or 29-5 of the School Code, for | ||||||
23 | the school fiscal year immediately preceding the levy year, | ||||||
24 | and the aggregate amount of reimbursement for those State | ||||||
25 | mandated categoricals for that school fiscal year was less | ||||||
26 | than 97% of the district's claims as certified by the State |
| |||||||
| |||||||
1 | Board of Education pursuant to Section 18-21 of the School | ||||||
2 | Code; or | ||||||
3 | (2) the school district did not receive the minimum | ||||||
4 | funding required for that school district under the | ||||||
5 | evidence-based funding formula set forth in Section | ||||||
6 | 18-8.15 of the School Code for the school fiscal year | ||||||
7 | immediately preceding the levy year. | ||||||
8 | "Recovered tax increment value" means, except as otherwise | ||||||
9 | provided in this
paragraph, the amount of the current year's | ||||||
10 | equalized assessed value, in the
first year after a | ||||||
11 | municipality terminates
the designation of an area as a | ||||||
12 | redevelopment project area previously
established under the | ||||||
13 | Tax Increment Allocation Development Act in the Illinois
| ||||||
14 | Municipal Code, previously established under the Industrial | ||||||
15 | Jobs Recovery Law
in the Illinois Municipal Code, previously | ||||||
16 | established under the Economic Development Project Area Tax | ||||||
17 | Increment Act of 1995, or previously established under the | ||||||
18 | Economic
Development Area Tax Increment Allocation Act, of each | ||||||
19 | taxable lot, block,
tract, or parcel of real property in the | ||||||
20 | redevelopment project area over and
above the initial equalized | ||||||
21 | assessed value of each property in the
redevelopment project | ||||||
22 | area.
For the taxes which are extended for the 1997 levy year, | ||||||
23 | the recovered tax
increment value for a non-home rule taxing | ||||||
24 | district that first became subject
to this Law for the 1995 | ||||||
25 | levy year because a majority of its 1994 equalized
assessed | ||||||
26 | value was in an affected county or counties shall be increased |
| |||||||
| |||||||
1 | if a
municipality terminated the designation of an area in 1993 | ||||||
2 | as a redevelopment
project area previously established under | ||||||
3 | the Tax Increment Allocation
Development Act in the Illinois | ||||||
4 | Municipal Code, previously established under
the Industrial | ||||||
5 | Jobs Recovery Law in the Illinois Municipal Code, or previously
| ||||||
6 | established under the Economic Development Area Tax Increment | ||||||
7 | Allocation Act,
by an amount equal to the 1994 equalized | ||||||
8 | assessed value of each taxable lot,
block, tract, or parcel of | ||||||
9 | real property in the redevelopment project area over
and above | ||||||
10 | the initial equalized assessed value of each property in the
| ||||||
11 | redevelopment project area.
In the first year after a | ||||||
12 | municipality
removes a taxable lot, block, tract, or parcel of | ||||||
13 | real property from a
redevelopment project area established | ||||||
14 | under the Tax Increment Allocation
Development Act in the | ||||||
15 | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in | ||||||
16 | the Illinois Municipal Code, or the Economic
Development Area | ||||||
17 | Tax Increment Allocation Act, "recovered tax increment value"
| ||||||
18 | means the amount of the current year's equalized assessed value | ||||||
19 | of each taxable
lot, block, tract, or parcel of real property | ||||||
20 | removed from the redevelopment
project area over and above the | ||||||
21 | initial equalized assessed value of that real
property before | ||||||
22 | removal from the redevelopment project area.
| ||||||
23 | Except as otherwise provided in this Section, "limiting | ||||||
24 | rate" means a
fraction the numerator of which is the last
| ||||||
25 | preceding aggregate extension base times an amount equal to one | ||||||
26 | plus the
extension limitation defined in this Section and the |
| |||||||
| |||||||
1 | denominator of which
is the current year's equalized assessed | ||||||
2 | value of all real property in the
territory under the | ||||||
3 | jurisdiction of the taxing district during the prior
levy year. | ||||||
4 | For those taxing districts that reduced their aggregate
| ||||||
5 | extension for the last preceding levy year, except for school | ||||||
6 | districts that reduced their extension for educational | ||||||
7 | purposes pursuant to Section 18-206, the highest aggregate | ||||||
8 | extension
in any of the last 3 preceding levy years shall be | ||||||
9 | used for the purpose of
computing the limiting rate. The | ||||||
10 | denominator shall not include new
property or the recovered tax | ||||||
11 | increment
value.
If a new rate, a rate decrease, or a limiting | ||||||
12 | rate increase has been approved at an election held after March | ||||||
13 | 21, 2006, then (i) the otherwise applicable limiting rate shall | ||||||
14 | be increased by the amount of the new rate or shall be reduced | ||||||
15 | by the amount of the rate decrease, as the case may be, or (ii) | ||||||
16 | in the case of a limiting rate increase, the limiting rate | ||||||
17 | shall be equal to the rate set forth
in the proposition | ||||||
18 | approved by the voters for each of the years specified in the | ||||||
19 | proposition, after
which the limiting rate of the taxing | ||||||
20 | district shall be calculated as otherwise provided. In the case | ||||||
21 | of a taxing district that obtained referendum approval for an | ||||||
22 | increased limiting rate on March 20, 2012, the limiting rate | ||||||
23 | for tax year 2012 shall be the rate that generates the | ||||||
24 | approximate total amount of taxes extendable for that tax year, | ||||||
25 | as set forth in the proposition approved by the voters; this | ||||||
26 | rate shall be the final rate applied by the county clerk for |
| |||||||
| |||||||
1 | the aggregate of all capped funds of the district for tax year | ||||||
2 | 2012.
| ||||||
3 | (Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17; | ||||||
4 | 100-465, eff. 8-31-17.)
| ||||||
5 | (35 ILCS 200/18-205)
| ||||||
6 | Sec. 18-205. Referendum to increase the extension | ||||||
7 | limitation. A taxing
district is limited to an extension | ||||||
8 | limitation as provided in Section 18-185 of 5% or the | ||||||
9 | percentage increase
in the Consumer Price Index during the | ||||||
10 | 12-month calendar year preceding the
levy year, whichever is | ||||||
11 | less . A taxing district may increase its extension
limitation | ||||||
12 | for one or more levy years if that taxing district holds a | ||||||
13 | referendum
before the levy date for the first levy year at | ||||||
14 | which a majority of voters voting on the issue approves
| ||||||
15 | adoption of a higher extension limitation. Referenda shall be | ||||||
16 | conducted at a
regularly scheduled election in accordance with | ||||||
17 | the Election Code. The question shall be presented in
| ||||||
18 | substantially the following manner for all elections held after | ||||||
19 | March 21, 2006 :
| ||||||
20 | Shall the extension limitation under the Property Tax | ||||||
21 | Extension Limitation Law for (insert the legal name, | ||||||
22 | number, if any, and county or counties of the taxing | ||||||
23 | district and geographic or other common name by which a | ||||||
24 | school or community college district is known and referred | ||||||
25 | to), Illinois, be increased from (the applicable extension |
| |||||||
| |||||||
1 | limitation set forth in Section 18-185) the lesser of 5% or | ||||||
2 | the percentage increase in the Consumer Price Index over | ||||||
3 | the prior levy year to (insert the percentage of the | ||||||
4 | proposed increase)% per year for (insert each levy year for | ||||||
5 | which the increased extension limitation will apply)? | ||||||
6 | The votes must be recorded as "Yes" or "No".
| ||||||
7 | If a majority of voters voting on the issue approves the | ||||||
8 | adoption of
the increase, the increase shall be applicable for | ||||||
9 | each
levy year specified.
| ||||||
10 | The ballot for any question submitted pursuant to this | ||||||
11 | Section shall have printed thereon, but not as a part of the | ||||||
12 | question submitted, only the following supplemental | ||||||
13 | information (which shall be supplied to the election authority | ||||||
14 | by the taxing district) in substantially the following form: | ||||||
15 | (1) For the (insert the first levy year for which the | ||||||
16 | increased extension
limitation will be applicable) levy | ||||||
17 | year the approximate amount of the additional tax
| ||||||
18 | extendable against property containing a single family | ||||||
19 | residence and having a fair market
value at the time of the | ||||||
20 | referendum of $100,000 is estimated to be $.... | ||||||
21 | (2) Based upon an average annual percentage increase | ||||||
22 | (or decrease) in the
market value of such property of ...% | ||||||
23 | (insert percentage equal to the average
annual percentage | ||||||
24 | increase or decrease for the prior 3 levy years, at the | ||||||
25 | time the
submission of the question is initiated by the | ||||||
26 | taxing district, in the amount of (A) the
equalized |
| |||||||
| |||||||
1 | assessed value of the taxable property in the taxing | ||||||
2 | district less (B) the new
property included in the | ||||||
3 | equalized assessed value), the approximate amount of the
| ||||||
4 | additional tax extendable against such property for the ... | ||||||
5 | levy year is estimated to be
$... and for the ... levy year | ||||||
6 | is estimated to be $.... | ||||||
7 | Paragraph (2) shall be included only if the increased | ||||||
8 | extension limitation will be applicable for more than one year | ||||||
9 | and shall list each levy year for which the increased extension | ||||||
10 | limitation will be applicable. The additional tax shown for | ||||||
11 | each levy year shall be the approximate dollar amount of the | ||||||
12 | increase over the amount of the most recently completed | ||||||
13 | extension at the time the submission of the question is | ||||||
14 | initiated by the taxing district. The approximate amount of the | ||||||
15 | additional tax extendable shown in paragraphs (1) and (2) shall | ||||||
16 | be calculated by multiplying $100,000 (the fair market value of | ||||||
17 | the property without regard to any property tax exemptions) by | ||||||
18 | (i) the percentage level of assessment prescribed for that | ||||||
19 | property by statute, or by ordinance of the county board in | ||||||
20 | counties that classify property for purposes of taxation in | ||||||
21 | accordance with Section 4 of Article IX of the Illinois | ||||||
22 | Constitution; (ii) the most recent final equalization factor | ||||||
23 | certified to the county clerk by the Department of Revenue at | ||||||
24 | the time the taxing district initiates the submission of the | ||||||
25 | proposition to the electors; (iii) the last known aggregate | ||||||
26 | extension base of the taxing district at the time the |
| |||||||
| |||||||
1 | submission of the question is initiated by the taxing district; | ||||||
2 | and (iv) the difference between the percentage increase | ||||||
3 | proposed in the question and the (otherwise applicable | ||||||
4 | extension limitation under Section 18-185) lesser of 5% or the | ||||||
5 | percentage increase in the Consumer Price Index for the prior | ||||||
6 | levy year (or an estimate of the percentage increase for the | ||||||
7 | prior levy year if the increase is unavailable at the time the | ||||||
8 | submission of the question is initiated by the taxing | ||||||
9 | district) ; and dividing the result by the last known equalized | ||||||
10 | assessed value of the taxing district at the time the | ||||||
11 | submission of the question is initiated by the taxing district. | ||||||
12 | This amendatory Act of the 97th General Assembly is intended to | ||||||
13 | clarify the existing requirements of this Section, and shall | ||||||
14 | not be construed to validate any prior non-compliant referendum | ||||||
15 | language. Any notice required to be published in connection | ||||||
16 | with the submission of the question shall also contain this | ||||||
17 | supplemental information and shall not contain any other | ||||||
18 | supplemental information. Any error, miscalculation, or | ||||||
19 | inaccuracy in computing any amount set forth on the ballot or | ||||||
20 | in the notice that is not deliberate shall not invalidate or | ||||||
21 | affect the validity of any proposition approved. Notice of the | ||||||
22 | referendum shall be published and posted as otherwise required | ||||||
23 | by law, and the submission of the question shall be initiated | ||||||
24 | as provided by law.
| ||||||
25 | (Source: P.A. 97-1087, eff. 8-24-12.)
|
| |||||||
| |||||||
1 | (35 ILCS 200/18-214)
| ||||||
2 | Sec. 18-214.
Referenda on removal of the applicability of | ||||||
3 | the Property Tax
Extension Limitation Law to non-home rule | ||||||
4 | taxing districts.
| ||||||
5 | (a) The provisions of this Section do not apply to a taxing | ||||||
6 | district that is
subject to this Law because a majority of its | ||||||
7 | 1990 equalized assessed value is
in a county or counties | ||||||
8 | contiguous to a county of 3,000,000 or more
inhabitants, or | ||||||
9 | because a majority of its 1994 equalized assessed value is in
| ||||||
10 | an
affected county and the taxing district was not subject to | ||||||
11 | this Law before the
1995 levy year. The provisions of this | ||||||
12 | Section do not apply to a school district that is not a | ||||||
13 | qualified school district.
| ||||||
14 | (b) For purposes of this Section only:
| ||||||
15 | "Taxing district" means any non-home rule taxing district | ||||||
16 | that became subject
to this Law under Section 18-213 of this | ||||||
17 | Law.
| ||||||
18 | "Equalized assessed valuation" means the equalized | ||||||
19 | assessed valuation for a
taxing district for the immediately | ||||||
20 | preceding levy year.
| ||||||
21 | (c) The county board of a county that became subject to | ||||||
22 | this Law by a
referendum approved by the voters of the county | ||||||
23 | under Section 18-213 may, by
ordinance or resolution, in the | ||||||
24 | manner set forth in this Section, submit to the
voters of the | ||||||
25 | county the question of whether this Law applies to all non-home
| ||||||
26 | rule taxing
districts that have all or a portion of their |
| |||||||
| |||||||
1 | equalized assessed valuation
situated in the county in the | ||||||
2 | manner set forth in this Section.
| ||||||
3 | (d) The ordinance or resolution shall request the | ||||||
4 | submission of the
proposition at any election, except a | ||||||
5 | consolidated primary election, for the
purpose of voting for or | ||||||
6 | against the continued application of the Property Tax
Extension | ||||||
7 | Limitation Law to all non-home rule taxing districts that have | ||||||
8 | all or
a portion of their equalized assessed valuation situated | ||||||
9 | in the county.
| ||||||
10 | The question shall be placed on a separate ballot and shall | ||||||
11 | be in
substantially the following form:
| ||||||
12 | Shall
the Property Tax
Extension Limitation Law (35 | ||||||
13 | ILCS 200/18-185 through 35 ILCS 200/18-245), which
limits | ||||||
14 | annual property tax extension increases, apply to non-home | ||||||
15 | rule taxing
districts with all or a portion of their | ||||||
16 | equalized assessed valuation located
in (name of county)?
| ||||||
17 | Votes on the question shall be recorded as "yes" or "no".
| ||||||
18 | (e) The county clerk shall order the proposition submitted | ||||||
19 | to the electors
of the county at the election specified in the | ||||||
20 | ordinance or resolution. If
part of the county is under the | ||||||
21 | jurisdiction of a board or boards of election
commissioners, | ||||||
22 | the county clerk shall submit a certified copy of the ordinance
| ||||||
23 | or resolution to each board of election commissioners, which | ||||||
24 | shall order the
proposition submitted to the electors of the | ||||||
25 | taxing district within its
jurisdiction at the election | ||||||
26 | specified in the ordinance or resolution.
|
| |||||||
| |||||||
1 | (f) With respect to taxing districts having all of their | ||||||
2 | equalized assessed
valuation located in one county, if a | ||||||
3 | majority of the votes cast on the
proposition are against the | ||||||
4 | proposition, then this Law shall not apply to the
taxing | ||||||
5 | district beginning on January 1 of the year following the date | ||||||
6 | of
the referendum.
| ||||||
7 | (g) With respect to taxing districts that do not have all | ||||||
8 | of their
equalized assessed valuation located in a single | ||||||
9 | county, if both of the
following conditions are met, then this | ||||||
10 | Law shall no longer apply to the taxing
district beginning on | ||||||
11 | January 1 of the year following the date of the
referendum.
| ||||||
12 | (1) Each county in which the district has any equalized | ||||||
13 | assessed valuation
must either, (i) have held a referendum | ||||||
14 | under this Section, (ii) be an affected
county, or (iii) | ||||||
15 | have held a referendum under Section 18-213 at which the
| ||||||
16 | voters rejected the proposition at the most recent election | ||||||
17 | at which the
question was on the ballot in the county.
| ||||||
18 | (2) The majority of the equalized assessed valuation of | ||||||
19 | the taxing
district,
other than any equalized assessed | ||||||
20 | valuation in an affected county, is in one or
more counties | ||||||
21 | in which the voters rejected the proposition. For purposes | ||||||
22 | of
this
Section, in determining whether a majority of the | ||||||
23 | equalized assessed valuation
of the taxing district is | ||||||
24 | located in one or more counties in which the voters
have | ||||||
25 | rejected the proposition under this Section, the equalized | ||||||
26 | assessed
valuation of any taxing district in a county which |
| |||||||
| |||||||
1 | has held a referendum under
Section 18-213 at which the | ||||||
2 | voters rejected that proposition, at the most
recent | ||||||
3 | election at which the question was on the ballot in the | ||||||
4 | county, will be
included with the equalized assessed value | ||||||
5 | of the taxing district in counties
in
which the voters have | ||||||
6 | rejected the referendum held under this Section.
| ||||||
7 | (h) Immediately after a referendum is held under this | ||||||
8 | Section, the county
clerk of the county holding the referendum | ||||||
9 | shall give notice of the referendum
having been held and its | ||||||
10 | results to all taxing districts that have all or a
portion of | ||||||
11 | their equalized assessed valuation located in the county, the | ||||||
12 | county
clerk of any other county in which any of the equalized | ||||||
13 | assessed valuation of
any such taxing district is located, and | ||||||
14 | the Department of Revenue. After the
last
referendum affecting | ||||||
15 | a multi-county taxing district is held, the Department of
| ||||||
16 | Revenue shall determine whether the taxing district is no | ||||||
17 | longer subject to
this Law and, if the taxing district is no | ||||||
18 | longer subject to this Law, the
Department of Revenue shall | ||||||
19 | notify the taxing district and the county clerks of
all of the | ||||||
20 | counties in which a portion of the equalized assessed valuation | ||||||
21 | of
the taxing district is located that, beginning on January 1 | ||||||
22 | of the
year following the date of the last
referendum, the | ||||||
23 | taxing district is no longer subject to this Law.
| ||||||
24 | (Source: P.A. 89-718, eff. 3-7-97.)
| ||||||
25 | Section 10. The School Code is amended by adding Section |
| |||||||
| |||||||
1 | 18-21 as follows: | ||||||
2 | (105 ILCS 5/18-21 new) | ||||||
3 | Sec. 18-21. Certifications to school districts. On or | ||||||
4 | before September 30th of each year, the State Board shall | ||||||
5 | certify to each school district whether or not the school | ||||||
6 | district is eligible for designation as a qualified school | ||||||
7 | district, based on the criteria set forth in Section 18-185 of | ||||||
8 | the Property Tax Code.
| ||||||
9 | Section 99. Effective date. This Act takes effect on | ||||||
10 | January 1, 2021, but does not take effect at all unless Senate | ||||||
11 | Joint Resolution Constitutional Amendment No. 1 of the 101st | ||||||
12 | General Assembly is approved by the voters of the State prior | ||||||
13 | to that date.
|