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Full Text of HB4668  100th General Assembly

HB4668 100TH GENERAL ASSEMBLY

  
  

 


 
100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB4668

 

Introduced , by Rep. John Cavaletto

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/18-185

    Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that the term "aggregate extension" does not include special purpose extensions made on an annual basis under certain provisions of the Local Governmental and Governmental Employees Tort Immunity Act or special purpose extensions made under certain provisions of the Illinois Pension Code. Effective immediately.


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB4668LRB100 16899 HLH 32040 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Section 18-185 as follows:
 
6    (35 ILCS 200/18-185)
7    Sec. 18-185. Short title; definitions. This Division 5 may
8be cited as the Property Tax Extension Limitation Law. As used
9in this Division 5:
10    "Consumer Price Index" means the Consumer Price Index for
11All Urban Consumers for all items published by the United
12States Department of Labor.
13    "Extension limitation" means (a) the lesser of 5% or the
14percentage increase in the Consumer Price Index during the
1512-month calendar year preceding the levy year or (b) the rate
16of increase approved by voters under Section 18-205.
17    "Affected county" means a county of 3,000,000 or more
18inhabitants or a county contiguous to a county of 3,000,000 or
19more inhabitants.
20    "Taxing district" has the same meaning provided in Section
211-150, except as otherwise provided in this Section. For the
221991 through 1994 levy years only, "taxing district" includes
23only each non-home rule taxing district having the majority of

 

 

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1its 1990 equalized assessed value within any county or counties
2contiguous to a county with 3,000,000 or more inhabitants.
3Beginning with the 1995 levy year, "taxing district" includes
4only each non-home rule taxing district subject to this Law
5before the 1995 levy year and each non-home rule taxing
6district not subject to this Law before the 1995 levy year
7having the majority of its 1994 equalized assessed value in an
8affected county or counties. Beginning with the levy year in
9which this Law becomes applicable to a taxing district as
10provided in Section 18-213, "taxing district" also includes
11those taxing districts made subject to this Law as provided in
12Section 18-213.
13    "Aggregate extension" for taxing districts to which this
14Law applied before the 1995 levy year means the annual
15corporate extension for the taxing district and those special
16purpose extensions that are made annually for the taxing
17district, excluding special purpose extensions: (a) made for
18the taxing district to pay interest or principal on general
19obligation bonds that were approved by referendum; (b) made for
20any taxing district to pay interest or principal on general
21obligation bonds issued before October 1, 1991; (c) made for
22any taxing district to pay interest or principal on bonds
23issued to refund or continue to refund those bonds issued
24before October 1, 1991; (d) made for any taxing district to pay
25interest or principal on bonds issued to refund or continue to
26refund bonds issued after October 1, 1991 that were approved by

 

 

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1referendum; (e) made for any taxing district to pay interest or
2principal on revenue bonds issued before October 1, 1991 for
3payment of which a property tax levy or the full faith and
4credit of the unit of local government is pledged; however, a
5tax for the payment of interest or principal on those bonds
6shall be made only after the governing body of the unit of
7local government finds that all other sources for payment are
8insufficient to make those payments; (f) made for payments
9under a building commission lease when the lease payments are
10for the retirement of bonds issued by the commission before
11October 1, 1991, to pay for the building project; (g) made for
12payments due under installment contracts entered into before
13October 1, 1991; (h) made for payments of principal and
14interest on bonds issued under the Metropolitan Water
15Reclamation District Act to finance construction projects
16initiated before October 1, 1991; (i) made for payments of
17principal and interest on limited bonds, as defined in Section
183 of the Local Government Debt Reform Act, in an amount not to
19exceed the debt service extension base less the amount in items
20(b), (c), (e), and (h) of this definition for non-referendum
21obligations, except obligations initially issued pursuant to
22referendum; (j) made for payments of principal and interest on
23bonds issued under Section 15 of the Local Government Debt
24Reform Act; (k) made by a school district that participates in
25the Special Education District of Lake County, created by
26special education joint agreement under Section 10-22.31 of the

 

 

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1School Code, for payment of the school district's share of the
2amounts required to be contributed by the Special Education
3District of Lake County to the Illinois Municipal Retirement
4Fund under Article 7 of the Illinois Pension Code; the amount
5of any extension under this item (k) shall be certified by the
6school district to the county clerk; (l) made to fund expenses
7of providing joint recreational programs for persons with
8disabilities under Section 5-8 of the Park District Code or
9Section 11-95-14 of the Illinois Municipal Code; (m) made for
10temporary relocation loan repayment purposes pursuant to
11Sections 2-3.77 and 17-2.2d of the School Code; (n) made for
12payment of principal and interest on any bonds issued under the
13authority of Section 17-2.2d of the School Code; (o) made for
14contributions to a firefighter's pension fund created under
15Article 4 of the Illinois Pension Code, to the extent of the
16amount certified under item (5) of Section 4-134 of the
17Illinois Pension Code; and (p) made for road purposes in the
18first year after a township assumes the rights, powers, duties,
19assets, property, liabilities, obligations, and
20responsibilities of a road district abolished under the
21provisions of Section 6-133 of the Illinois Highway Code; (q)
22made on an annual basis under the provisions of subsection (b)
23of Section 9-107 of the Local Governmental and Governmental
24Employees Tort Immunity Act; and (r) made under the provisions
25of Section 4-118 of the Illinois Pension Code.
26    "Aggregate extension" for the taxing districts to which

 

 

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1this Law did not apply before the 1995 levy year (except taxing
2districts subject to this Law in accordance with Section
318-213) means the annual corporate extension for the taxing
4district and those special purpose extensions that are made
5annually for the taxing district, excluding special purpose
6extensions: (a) made for the taxing district to pay interest or
7principal on general obligation bonds that were approved by
8referendum; (b) made for any taxing district to pay interest or
9principal on general obligation bonds issued before March 1,
101995; (c) made for any taxing district to pay interest or
11principal on bonds issued to refund or continue to refund those
12bonds issued before March 1, 1995; (d) made for any taxing
13district to pay interest or principal on bonds issued to refund
14or continue to refund bonds issued after March 1, 1995 that
15were approved by referendum; (e) made for any taxing district
16to pay interest or principal on revenue bonds issued before
17March 1, 1995 for payment of which a property tax levy or the
18full faith and credit of the unit of local government is
19pledged; however, a tax for the payment of interest or
20principal on those bonds shall be made only after the governing
21body of the unit of local government finds that all other
22sources for payment are insufficient to make those payments;
23(f) made for payments under a building commission lease when
24the lease payments are for the retirement of bonds issued by
25the commission before March 1, 1995 to pay for the building
26project; (g) made for payments due under installment contracts

 

 

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1entered into before March 1, 1995; (h) made for payments of
2principal and interest on bonds issued under the Metropolitan
3Water Reclamation District Act to finance construction
4projects initiated before October 1, 1991; (h-4) made for
5stormwater management purposes by the Metropolitan Water
6Reclamation District of Greater Chicago under Section 12 of the
7Metropolitan Water Reclamation District Act; (i) made for
8payments of principal and interest on limited bonds, as defined
9in Section 3 of the Local Government Debt Reform Act, in an
10amount not to exceed the debt service extension base less the
11amount in items (b), (c), and (e) of this definition for
12non-referendum obligations, except obligations initially
13issued pursuant to referendum and bonds described in subsection
14(h) of this definition; (j) made for payments of principal and
15interest on bonds issued under Section 15 of the Local
16Government Debt Reform Act; (k) made for payments of principal
17and interest on bonds authorized by Public Act 88-503 and
18issued under Section 20a of the Chicago Park District Act for
19aquarium or museum projects; (l) made for payments of principal
20and interest on bonds authorized by Public Act 87-1191 or
2193-601 and (i) issued pursuant to Section 21.2 of the Cook
22County Forest Preserve District Act, (ii) issued under Section
2342 of the Cook County Forest Preserve District Act for
24zoological park projects, or (iii) issued under Section 44.1 of
25the Cook County Forest Preserve District Act for botanical
26gardens projects; (m) made pursuant to Section 34-53.5 of the

 

 

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1School Code, whether levied annually or not; (n) made to fund
2expenses of providing joint recreational programs for persons
3with disabilities under Section 5-8 of the Park District Code
4or Section 11-95-14 of the Illinois Municipal Code; (o) made by
5the Chicago Park District for recreational programs for persons
6with disabilities under subsection (c) of Section 7.06 of the
7Chicago Park District Act; (p) made for contributions to a
8firefighter's pension fund created under Article 4 of the
9Illinois Pension Code, to the extent of the amount certified
10under item (5) of Section 4-134 of the Illinois Pension Code;
11(q) made by Ford Heights School District 169 under Section
1217-9.02 of the School Code; and (r) made for the purpose of
13making employer contributions to the Public School Teachers'
14Pension and Retirement Fund of Chicago under Section 34-53 of
15the School Code; (s) made on an annual basis under the
16provisions of subsection (b) of Section 9-107 of the Local
17Governmental and Governmental Employees Tort Immunity Act; and
18(t) made under the provisions of Section 4-118 of the Illinois
19Pension Code.
20    "Aggregate extension" for all taxing districts to which
21this Law applies in accordance with Section 18-213, except for
22those taxing districts subject to paragraph (2) of subsection
23(e) of Section 18-213, means the annual corporate extension for
24the taxing district and those special purpose extensions that
25are made annually for the taxing district, excluding special
26purpose extensions: (a) made for the taxing district to pay

 

 

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1interest or principal on general obligation bonds that were
2approved by referendum; (b) made for any taxing district to pay
3interest or principal on general obligation bonds issued before
4the date on which the referendum making this Law applicable to
5the taxing district is held; (c) made for any taxing district
6to pay interest or principal on bonds issued to refund or
7continue to refund those bonds issued before the date on which
8the referendum making this Law applicable to the taxing
9district is held; (d) made for any taxing district to pay
10interest or principal on bonds issued to refund or continue to
11refund bonds issued after the date on which the referendum
12making this Law applicable to the taxing district is held if
13the bonds were approved by referendum after the date on which
14the referendum making this Law applicable to the taxing
15district is held; (e) made for any taxing district to pay
16interest or principal on revenue bonds issued before the date
17on which the referendum making this Law applicable to the
18taxing district is held for payment of which a property tax
19levy or the full faith and credit of the unit of local
20government is pledged; however, a tax for the payment of
21interest or principal on those bonds shall be made only after
22the governing body of the unit of local government finds that
23all other sources for payment are insufficient to make those
24payments; (f) made for payments under a building commission
25lease when the lease payments are for the retirement of bonds
26issued by the commission before the date on which the

 

 

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1referendum making this Law applicable to the taxing district is
2held to pay for the building project; (g) made for payments due
3under installment contracts entered into before the date on
4which the referendum making this Law applicable to the taxing
5district is held; (h) made for payments of principal and
6interest on limited bonds, as defined in Section 3 of the Local
7Government Debt Reform Act, in an amount not to exceed the debt
8service extension base less the amount in items (b), (c), and
9(e) of this definition for non-referendum obligations, except
10obligations initially issued pursuant to referendum; (i) made
11for payments of principal and interest on bonds issued under
12Section 15 of the Local Government Debt Reform Act; (j) made
13for a qualified airport authority to pay interest or principal
14on general obligation bonds issued for the purpose of paying
15obligations due under, or financing airport facilities
16required to be acquired, constructed, installed or equipped
17pursuant to, contracts entered into before March 1, 1996 (but
18not including any amendments to such a contract taking effect
19on or after that date); (k) made to fund expenses of providing
20joint recreational programs for persons with disabilities
21under Section 5-8 of the Park District Code or Section 11-95-14
22of the Illinois Municipal Code; (l) made for contributions to a
23firefighter's pension fund created under Article 4 of the
24Illinois Pension Code, to the extent of the amount certified
25under item (5) of Section 4-134 of the Illinois Pension Code;
26and (m) made for the taxing district to pay interest or

 

 

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1principal on general obligation bonds issued pursuant to
2Section 19-3.10 of the School Code; (n) made on an annual basis
3under the provisions of subsection (b) of Section 9-107 of the
4Local Governmental and Governmental Employees Tort Immunity
5Act; and (o) made under the provisions of Section 4-118 of the
6Illinois Pension Code.
7    "Aggregate extension" for all taxing districts to which
8this Law applies in accordance with paragraph (2) of subsection
9(e) of Section 18-213 means the annual corporate extension for
10the taxing district and those special purpose extensions that
11are made annually for the taxing district, excluding special
12purpose extensions: (a) made for the taxing district to pay
13interest or principal on general obligation bonds that were
14approved by referendum; (b) made for any taxing district to pay
15interest or principal on general obligation bonds issued before
16the effective date of this amendatory Act of 1997; (c) made for
17any taxing district to pay interest or principal on bonds
18issued to refund or continue to refund those bonds issued
19before the effective date of this amendatory Act of 1997; (d)
20made for any taxing district to pay interest or principal on
21bonds issued to refund or continue to refund bonds issued after
22the effective date of this amendatory Act of 1997 if the bonds
23were approved by referendum after the effective date of this
24amendatory Act of 1997; (e) made for any taxing district to pay
25interest or principal on revenue bonds issued before the
26effective date of this amendatory Act of 1997 for payment of

 

 

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1which a property tax levy or the full faith and credit of the
2unit of local government is pledged; however, a tax for the
3payment of interest or principal on those bonds shall be made
4only after the governing body of the unit of local government
5finds that all other sources for payment are insufficient to
6make those payments; (f) made for payments under a building
7commission lease when the lease payments are for the retirement
8of bonds issued by the commission before the effective date of
9this amendatory Act of 1997 to pay for the building project;
10(g) made for payments due under installment contracts entered
11into before the effective date of this amendatory Act of 1997;
12(h) made for payments of principal and interest on limited
13bonds, as defined in Section 3 of the Local Government Debt
14Reform Act, in an amount not to exceed the debt service
15extension base less the amount in items (b), (c), and (e) of
16this definition for non-referendum obligations, except
17obligations initially issued pursuant to referendum; (i) made
18for payments of principal and interest on bonds issued under
19Section 15 of the Local Government Debt Reform Act; (j) made
20for a qualified airport authority to pay interest or principal
21on general obligation bonds issued for the purpose of paying
22obligations due under, or financing airport facilities
23required to be acquired, constructed, installed or equipped
24pursuant to, contracts entered into before March 1, 1996 (but
25not including any amendments to such a contract taking effect
26on or after that date); (k) made to fund expenses of providing

 

 

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1joint recreational programs for persons with disabilities
2under Section 5-8 of the Park District Code or Section 11-95-14
3of the Illinois Municipal Code; and (l) made for contributions
4to a firefighter's pension fund created under Article 4 of the
5Illinois Pension Code, to the extent of the amount certified
6under item (5) of Section 4-134 of the Illinois Pension Code;
7(m) made on an annual basis under the provisions of subsection
8(b) of Section 9-107 of the Local Governmental and Governmental
9Employees Tort Immunity Act; and (n) made under the provisions
10of Section 4-118 of the Illinois Pension Code.
11    "Debt service extension base" means an amount equal to that
12portion of the extension for a taxing district for the 1994
13levy year, or for those taxing districts subject to this Law in
14accordance with Section 18-213, except for those subject to
15paragraph (2) of subsection (e) of Section 18-213, for the levy
16year in which the referendum making this Law applicable to the
17taxing district is held, or for those taxing districts subject
18to this Law in accordance with paragraph (2) of subsection (e)
19of Section 18-213 for the 1996 levy year, constituting an
20extension for payment of principal and interest on bonds issued
21by the taxing district without referendum, but not including
22excluded non-referendum bonds. For park districts (i) that were
23first subject to this Law in 1991 or 1995 and (ii) whose
24extension for the 1994 levy year for the payment of principal
25and interest on bonds issued by the park district without
26referendum (but not including excluded non-referendum bonds)

 

 

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1was less than 51% of the amount for the 1991 levy year
2constituting an extension for payment of principal and interest
3on bonds issued by the park district without referendum (but
4not including excluded non-referendum bonds), "debt service
5extension base" means an amount equal to that portion of the
6extension for the 1991 levy year constituting an extension for
7payment of principal and interest on bonds issued by the park
8district without referendum (but not including excluded
9non-referendum bonds). A debt service extension base
10established or increased at any time pursuant to any provision
11of this Law, except Section 18-212, shall be increased each
12year commencing with the later of (i) the 2009 levy year or
13(ii) the first levy year in which this Law becomes applicable
14to the taxing district, by the lesser of 5% or the percentage
15increase in the Consumer Price Index during the 12-month
16calendar year preceding the levy year. The debt service
17extension base may be established or increased as provided
18under Section 18-212. "Excluded non-referendum bonds" means
19(i) bonds authorized by Public Act 88-503 and issued under
20Section 20a of the Chicago Park District Act for aquarium and
21museum projects; (ii) bonds issued under Section 15 of the
22Local Government Debt Reform Act; or (iii) refunding
23obligations issued to refund or to continue to refund
24obligations initially issued pursuant to referendum.
25    "Special purpose extensions" include, but are not limited
26to, extensions for levies made on an annual basis for

 

 

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1unemployment and workers' compensation, self-insurance,
2contributions to pension plans, and extensions made pursuant to
3Section 6-601 of the Illinois Highway Code for a road
4district's permanent road fund whether levied annually or not.
5The extension for a special service area is not included in the
6aggregate extension.
7    "Aggregate extension base" means the taxing district's
8last preceding aggregate extension as adjusted under Sections
918-135, 18-215, 18-230, and 18-206. An adjustment under Section
1018-135 shall be made for the 2007 levy year and all subsequent
11levy years whenever one or more counties within which a taxing
12district is located (i) used estimated valuations or rates when
13extending taxes in the taxing district for the last preceding
14levy year that resulted in the over or under extension of
15taxes, or (ii) increased or decreased the tax extension for the
16last preceding levy year as required by Section 18-135(c).
17Whenever an adjustment is required under Section 18-135, the
18aggregate extension base of the taxing district shall be equal
19to the amount that the aggregate extension of the taxing
20district would have been for the last preceding levy year if
21either or both (i) actual, rather than estimated, valuations or
22rates had been used to calculate the extension of taxes for the
23last levy year, or (ii) the tax extension for the last
24preceding levy year had not been adjusted as required by
25subsection (c) of Section 18-135.
26    Notwithstanding any other provision of law, for levy year

 

 

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12012, the aggregate extension base for West Northfield School
2District No. 31 in Cook County shall be $12,654,592.
3    "Levy year" has the same meaning as "year" under Section
41-155.
5    "New property" means (i) the assessed value, after final
6board of review or board of appeals action, of new improvements
7or additions to existing improvements on any parcel of real
8property that increase the assessed value of that real property
9during the levy year multiplied by the equalization factor
10issued by the Department under Section 17-30, (ii) the assessed
11value, after final board of review or board of appeals action,
12of real property not exempt from real estate taxation, which
13real property was exempt from real estate taxation for any
14portion of the immediately preceding levy year, multiplied by
15the equalization factor issued by the Department under Section
1617-30, including the assessed value, upon final stabilization
17of occupancy after new construction is complete, of any real
18property located within the boundaries of an otherwise or
19previously exempt military reservation that is intended for
20residential use and owned by or leased to a private corporation
21or other entity, (iii) in counties that classify in accordance
22with Section 4 of Article IX of the Illinois Constitution, an
23incentive property's additional assessed value resulting from
24a scheduled increase in the level of assessment as applied to
25the first year final board of review market value, and (iv) any
26increase in assessed value due to oil or gas production from an

 

 

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1oil or gas well required to be permitted under the Hydraulic
2Fracturing Regulatory Act that was not produced in or accounted
3for during the previous levy year. In addition, the county
4clerk in a county containing a population of 3,000,000 or more
5shall include in the 1997 recovered tax increment value for any
6school district, any recovered tax increment value that was
7applicable to the 1995 tax year calculations.
8    "Qualified airport authority" means an airport authority
9organized under the Airport Authorities Act and located in a
10county bordering on the State of Wisconsin and having a
11population in excess of 200,000 and not greater than 500,000.
12    "Recovered tax increment value" means, except as otherwise
13provided in this paragraph, the amount of the current year's
14equalized assessed value, in the first year after a
15municipality terminates the designation of an area as a
16redevelopment project area previously established under the
17Tax Increment Allocation Development Act in the Illinois
18Municipal Code, previously established under the Industrial
19Jobs Recovery Law in the Illinois Municipal Code, previously
20established under the Economic Development Project Area Tax
21Increment Act of 1995, or previously established under the
22Economic Development Area Tax Increment Allocation Act, of each
23taxable lot, block, tract, or parcel of real property in the
24redevelopment project area over and above the initial equalized
25assessed value of each property in the redevelopment project
26area. For the taxes which are extended for the 1997 levy year,

 

 

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1the recovered tax increment value for a non-home rule taxing
2district that first became subject to this Law for the 1995
3levy year because a majority of its 1994 equalized assessed
4value was in an affected county or counties shall be increased
5if a municipality terminated the designation of an area in 1993
6as a redevelopment project area previously established under
7the Tax Increment Allocation Development Act in the Illinois
8Municipal Code, previously established under the Industrial
9Jobs Recovery Law in the Illinois Municipal Code, or previously
10established under the Economic Development Area Tax Increment
11Allocation Act, by an amount equal to the 1994 equalized
12assessed value of each taxable lot, block, tract, or parcel of
13real property in the redevelopment project area over and above
14the initial equalized assessed value of each property in the
15redevelopment project area. In the first year after a
16municipality removes a taxable lot, block, tract, or parcel of
17real property from a redevelopment project area established
18under the Tax Increment Allocation Development Act in the
19Illinois Municipal Code, the Industrial Jobs Recovery Law in
20the Illinois Municipal Code, or the Economic Development Area
21Tax Increment Allocation Act, "recovered tax increment value"
22means the amount of the current year's equalized assessed value
23of each taxable lot, block, tract, or parcel of real property
24removed from the redevelopment project area over and above the
25initial equalized assessed value of that real property before
26removal from the redevelopment project area.

 

 

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1    Except as otherwise provided in this Section, "limiting
2rate" means a fraction the numerator of which is the last
3preceding aggregate extension base times an amount equal to one
4plus the extension limitation defined in this Section and the
5denominator of which is the current year's equalized assessed
6value of all real property in the territory under the
7jurisdiction of the taxing district during the prior levy year.
8For those taxing districts that reduced their aggregate
9extension for the last preceding levy year, except for school
10districts that reduced their extension for educational
11purposes pursuant to Section 18-206, the highest aggregate
12extension in any of the last 3 preceding levy years shall be
13used for the purpose of computing the limiting rate. The
14denominator shall not include new property or the recovered tax
15increment value. If a new rate, a rate decrease, or a limiting
16rate increase has been approved at an election held after March
1721, 2006, then (i) the otherwise applicable limiting rate shall
18be increased by the amount of the new rate or shall be reduced
19by the amount of the rate decrease, as the case may be, or (ii)
20in the case of a limiting rate increase, the limiting rate
21shall be equal to the rate set forth in the proposition
22approved by the voters for each of the years specified in the
23proposition, after which the limiting rate of the taxing
24district shall be calculated as otherwise provided. In the case
25of a taxing district that obtained referendum approval for an
26increased limiting rate on March 20, 2012, the limiting rate

 

 

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1for tax year 2012 shall be the rate that generates the
2approximate total amount of taxes extendable for that tax year,
3as set forth in the proposition approved by the voters; this
4rate shall be the final rate applied by the county clerk for
5the aggregate of all capped funds of the district for tax year
62012.
7(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;
8100-465, eff. 8-31-17.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.