104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
SB3844

 

Introduced 2/6/2026, by Sen. Darby A. Hills

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/18-185
35 ILCS 200/18-205
35 ILCS 200/18-207 new
35 ILCS 200/18-212

    Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that a taxing district shall reduce its aggregate extension base for the purpose of lowering its limiting rate for future years upon referendum approval initiated by the submission of a petition by the voters of the district. Provides that the extension limitation shall be: (a) the lesser of 5% or the average percentage increase in the Consumer Price Index for the 10 years immediately preceding the levy year for which the extension limitation is being calculated; or (b) the rate of increase approved by the voters. Effective immediately.


LRB104 19189 HLH 32634 b

 

 

A BILL FOR

 

SB3844LRB104 19189 HLH 32634 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
5Sections 18-185, 18-205, and 18-212 and by adding Section
618-207 as follows:
 
7    (35 ILCS 200/18-185)
8    Sec. 18-185. Short title; definitions. This Division 5
9may be cited as the Property Tax Extension Limitation Law. As
10used in this Division 5:
11    "Consumer Price Index" means the Consumer Price Index for
12All Urban Consumers for all items published by the United
13States Department of Labor.
14    "Extension limitation" means, for taxable years prior to
152026: (a) the lesser of 5% or the percentage increase in the
16Consumer Price Index during the 12-month calendar year
17preceding the levy year; or (b) the rate of increase approved
18by voters under Section 18-205.
19    "Extension limitation" means, for taxable year 2026 and
20thereafter: (a) the lesser of 5% or the average percentage
21increase in the Consumer Price Index for the 10 years
22immediately preceding the levy year for which the extension
23limitation is being calculated; or (b) the rate of increase

 

 

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1approved by voters under Section 18-205.
2    "Affected county" means a county of 3,000,000 or more
3inhabitants or a county contiguous to a county of 3,000,000 or
4more inhabitants.
5    "Taxing district" has the same meaning provided in Section
61-150, except as otherwise provided in this Section. For the
71991 through 1994 levy years only, "taxing district" includes
8only each non-home rule taxing district having the majority of
9its 1990 equalized assessed value within any county or
10counties contiguous to a county with 3,000,000 or more
11inhabitants. Beginning with the 1995 levy year, "taxing
12district" includes only each non-home rule taxing district
13subject to this Law before the 1995 levy year and each non-home
14rule taxing district not subject to this Law before the 1995
15levy year having the majority of its 1994 equalized assessed
16value in an affected county or counties. Beginning with the
17levy year in which this Law becomes applicable to a taxing
18district as provided in Section 18-213, "taxing district" also
19includes those taxing districts made subject to this Law as
20provided in Section 18-213.
21    "Aggregate extension" for taxing districts to which this
22Law applied before the 1995 levy year means the annual
23corporate extension for the taxing district and those special
24purpose extensions that are made annually for the taxing
25district, excluding special purpose extensions: (a) made for
26the taxing district to pay interest or principal on general

 

 

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1obligation bonds that were approved by referendum; (b) made
2for any taxing district to pay interest or principal on
3general obligation bonds issued before October 1, 1991; (c)
4made for any taxing district to pay interest or principal on
5bonds issued to refund or continue to refund those bonds
6issued before October 1, 1991; (d) made for any taxing
7district to pay interest or principal on bonds issued to
8refund or continue to refund bonds issued after October 1,
91991 that were approved by referendum; (e) made for any taxing
10district to pay interest or principal on revenue bonds issued
11before October 1, 1991 for payment of which a property tax levy
12or the full faith and credit of the unit of local government is
13pledged; however, a tax for the payment of interest or
14principal on those bonds shall be made only after the
15governing body of the unit of local government finds that all
16other sources for payment are insufficient to make those
17payments; (f) made for payments under a building commission
18lease when the lease payments are for the retirement of bonds
19issued by the commission before October 1, 1991, to pay for the
20building project; (g) made for payments due under installment
21contracts entered into before October 1, 1991; (h) made for
22payments of principal and interest on bonds issued under the
23Metropolitan Water Reclamation District Act to finance
24construction projects initiated before October 1, 1991; (i)
25made for payments of principal and interest on limited bonds,
26as defined in Section 3 of the Local Government Debt Reform

 

 

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1Act, in an amount not to exceed the debt service extension base
2less the amount in items (b), (c), (e), and (h) of this
3definition for non-referendum obligations, except obligations
4initially issued pursuant to referendum; (j) made for payments
5of principal and interest on bonds issued under Section 15 of
6the Local Government Debt Reform Act; (k) made by a school
7district that participates in the Special Education District
8of Lake County, created by special education joint agreement
9under Section 10-22.31 of the School Code, for payment of the
10school district's share of the amounts required to be
11contributed by the Special Education District of Lake County
12to the Illinois Municipal Retirement Fund under Article 7 of
13the Illinois Pension Code; the amount of any extension under
14this item (k) shall be certified by the school district to the
15county clerk; (l) made to fund expenses of providing joint
16recreational programs for persons with disabilities under
17Section 5-8 of the Park District Code or Section 11-95-14 of
18the Illinois Municipal Code; (m) made for temporary relocation
19loan repayment purposes pursuant to Sections 2-3.77 and
2017-2.2d of the School Code; (n) made for payment of principal
21and interest on any bonds issued under the authority of
22Section 17-2.2d of the School Code; (o) made for contributions
23to a firefighter'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;
26(p) made for road purposes in the first year after a township

 

 

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1assumes the rights, powers, duties, assets, property,
2liabilities, obligations, and responsibilities of a road
3district abolished under the provisions of Section 6-133 of
4the Illinois Highway Code; (q) made under Section 4 of the
5Community Mental Health Act to provide the necessary funds or
6to supplement existing funds for community mental health
7facilities and services, including facilities and services for
8the person with a developmental disability or a substance use
9disorder; and (r) made for the payment of principal and
10interest on any bonds issued under the authority of Section
1117-2.11 of the School Code or to refund or continue to refund
12those bonds.
13    "Aggregate extension" for the taxing districts to which
14this Law did not apply before the 1995 levy year (except taxing
15districts subject to this Law in accordance with Section
1618-213) means the annual corporate extension for the taxing
17district and those special purpose extensions that are made
18annually for the taxing district, excluding special purpose
19extensions: (a) made for the taxing district to pay interest
20or principal on general obligation bonds that were approved by
21referendum; (b) made for any taxing district to pay interest
22or principal on general obligation bonds issued before March
231, 1995; (c) made for any taxing district to pay interest or
24principal on bonds issued to refund or continue to refund
25those bonds issued before March 1, 1995; (d) made for any
26taxing district to pay interest or principal on bonds issued

 

 

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1to refund or continue to refund bonds issued after March 1,
21995 that were approved by referendum; (e) made for any taxing
3district to pay interest or principal on revenue bonds issued
4before March 1, 1995 for payment of which a property tax levy
5or the full faith and credit of the unit of local government is
6pledged; however, a tax for the payment of interest or
7principal on those bonds shall be made only after the
8governing body of the unit of local government finds that all
9other sources for payment are insufficient to make those
10payments; (f) made for payments under a building commission
11lease when the lease payments are for the retirement of bonds
12issued by the commission before March 1, 1995 to pay for the
13building project; (g) made for payments due under installment
14contracts entered into before March 1, 1995; (h) made for
15payments of principal and interest on bonds issued under the
16Metropolitan Water Reclamation District Act to finance
17construction projects initiated before October 1, 1991; (h-4)
18made for stormwater management purposes by the Metropolitan
19Water Reclamation District of Greater Chicago under Section 12
20of the Metropolitan Water Reclamation District Act; (h-8) made
21for payments of principal and interest on bonds issued under
22Section 9.6a of the Metropolitan Water Reclamation District
23Act to make contributions to the pension fund established
24under Article 13 of the Illinois Pension Code; (i) made for
25payments of principal and interest on limited bonds, as
26defined in Section 3 of the Local Government Debt Reform Act,

 

 

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1in an amount not to exceed the debt service extension base less
2the amount in items (b), (c), and (e) of this definition for
3non-referendum obligations, except obligations initially
4issued pursuant to referendum and bonds described in
5subsections (h) and (h-8) of this definition; (j) made for
6payments of principal and interest on bonds issued under
7Section 15 of the Local Government Debt Reform Act; (k) made
8for payments of principal and interest on bonds authorized by
9Public Act 88-503 and issued under Section 20a of the Chicago
10Park District Act for aquarium or museum projects and bonds
11issued under Section 20a of the Chicago Park District Act for
12the purpose of making contributions to the pension fund
13established under Article 12 of the Illinois Pension Code; (l)
14made for payments of principal and interest on bonds
15authorized by Public Act 87-1191 or 93-601 and (i) issued
16pursuant to Section 21.2 of the Cook County Forest Preserve
17District Act, (ii) issued under Section 42 of the Cook County
18Forest Preserve District Act for zoological park projects, or
19(iii) issued under Section 44.1 of the Cook County Forest
20Preserve District Act for botanical gardens projects; (m) made
21pursuant to Section 34-53.5 of the School Code, whether levied
22annually or not; (n) made to fund expenses of providing joint
23recreational programs for persons with disabilities under
24Section 5-8 of the Park District Code or Section 11-95-14 of
25the Illinois Municipal Code; (o) made by the Chicago Park
26District for recreational programs for persons with

 

 

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1disabilities under subsection (c) of Section 7.06 of the
2Chicago Park District Act; (p) made for contributions to a
3firefighter's pension fund created under Article 4 of the
4Illinois Pension Code, to the extent of the amount certified
5under item (5) of Section 4-134 of the Illinois Pension Code;
6(q) made by Ford Heights School District 169 under Section
717-9.02 of the School Code; (r) made for the purpose of making
8employer contributions to the Public School Teachers' Pension
9and Retirement Fund of Chicago under Section 34-53 of the
10School Code; (s) made under Section 4 of the Community Mental
11Health Act to provide the necessary funds or to supplement
12existing funds for community mental health facilities and
13services, including facilities and services for the person
14with a developmental disability or a substance use disorder;
15and (t) made for the payment of principal and interest on any
16bonds issued under the authority of Section 17-2.11 of the
17School Code or to refund or continue to refund those bonds.
18    "Aggregate extension" for all taxing districts to which
19this Law applies in accordance with Section 18-213, except for
20those taxing districts subject to paragraph (2) of subsection
21(e) of Section 18-213, means the annual corporate extension
22for the taxing district and those special purpose extensions
23that are made annually for the taxing district, excluding
24special purpose extensions: (a) made for the taxing district
25to pay interest or principal on general obligation bonds that
26were approved by referendum; (b) made for any taxing district

 

 

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

 

 

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1due under installment contracts entered into before the date
2on which the referendum making this Law applicable to the
3taxing district is held; (h) made for payments of principal
4and interest on limited bonds, as defined in Section 3 of the
5Local Government Debt Reform Act, in an amount not to exceed
6the debt service extension base less the amount in items (b),
7(c), and (e) of this definition for non-referendum
8obligations, except obligations initially issued pursuant to
9referendum; (i) made for payments of principal and interest on
10bonds issued under Section 15 of the Local Government Debt
11Reform Act; (j) made for a qualified airport authority to pay
12interest or principal on general obligation bonds issued for
13the purpose of paying obligations due under, or financing
14airport facilities required to be acquired, constructed,
15installed or equipped pursuant to, contracts entered into
16before March 1, 1996 (but not including any amendments to such
17a contract taking effect on or after that date); (k) made to
18fund expenses of providing joint recreational programs for
19persons with disabilities under Section 5-8 of the Park
20District Code or Section 11-95-14 of the Illinois Municipal
21Code; (l) made for contributions to a firefighter's pension
22fund created under Article 4 of the Illinois Pension Code, to
23the extent of the amount certified under item (5) of Section
244-134 of the Illinois Pension Code; (m) made for the taxing
25district to pay interest or principal on general obligation
26bonds issued pursuant to Section 19-3.10 of the School Code;

 

 

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1(n) made under Section 4 of the Community Mental Health Act to
2provide the necessary funds or to supplement existing funds
3for community mental health facilities and services, including
4facilities and services for the person with a developmental
5disability or a substance use disorder; and (o) made for the
6payment of principal and interest on any bonds issued under
7the authority of Section 17-2.11 of the School Code or to
8refund or continue to refund those bonds.
9    "Aggregate extension" for all taxing districts to which
10this Law applies in accordance with paragraph (2) of
11subsection (e) of Section 18-213 means the annual corporate
12extension for the taxing district and those special purpose
13extensions that are made annually for the taxing district,
14excluding special purpose extensions: (a) made for the taxing
15district to pay interest or principal on general obligation
16bonds that were approved by referendum; (b) made for any
17taxing district to pay interest or principal on general
18obligation bonds issued before March 7, 1997 (the effective
19date of Public Act 89-718); (c) made for any taxing district to
20pay interest or principal on bonds issued to refund or
21continue to refund those bonds issued before March 7, 1997
22(the effective date of Public Act 89-718); (d) made for any
23taxing district to pay interest or principal on bonds issued
24to refund or continue to refund bonds issued after March 7,
251997 (the effective date of Public Act 89-718) if the bonds
26were approved by referendum after March 7, 1997 (the effective

 

 

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1date of Public Act 89-718); (e) made for any taxing district to
2pay interest or principal on revenue bonds issued before March
37, 1997 (the effective date of Public Act 89-718) for payment
4of which a property tax levy or the full faith and credit of
5the unit of local government is pledged; however, a tax for the
6payment of interest or principal on those bonds shall be made
7only after the governing body of the unit of local government
8finds that all other sources for payment are insufficient to
9make those payments; (f) made for payments under a building
10commission lease when the lease payments are for the
11retirement of bonds issued by the commission before March 7,
121997 (the effective date of Public Act 89-718) to pay for the
13building project; (g) made for payments due under installment
14contracts entered into before March 7, 1997 (the effective
15date of Public Act 89-718); (h) made for payments of principal
16and interest on limited bonds, as defined in Section 3 of the
17Local Government Debt Reform Act, in an amount not to exceed
18the debt service extension base less the amount in items (b),
19(c), and (e) of this definition for non-referendum
20obligations, except obligations initially issued pursuant to
21referendum; (i) made for payments of principal and interest on
22bonds issued under Section 15 of the Local Government Debt
23Reform Act; (j) made for a qualified airport authority to pay
24interest or principal on general obligation bonds issued for
25the purpose of paying obligations due under, or financing
26airport facilities required to be acquired, constructed,

 

 

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1installed or equipped pursuant to, contracts entered into
2before March 1, 1996 (but not including any amendments to such
3a contract taking effect on or after that date); (k) made to
4fund expenses of providing joint recreational programs for
5persons with disabilities under Section 5-8 of the Park
6District Code or Section 11-95-14 of the Illinois Municipal
7Code; (l) made for contributions to a firefighter's pension
8fund created under Article 4 of the Illinois Pension Code, to
9the extent of the amount certified under item (5) of Section
104-134 of the Illinois Pension Code; (m) made under Section 4 of
11the Community Mental Health Act to provide the necessary funds
12or to supplement existing funds for community mental health
13facilities and services, including facilities and services for
14the person with a developmental disability or a substance use
15disorder; and (n) made for the payment of principal and
16interest on any bonds issued under the authority of Section
1717-2.11 of the School Code or to refund or continue to refund
18those bonds.
19    "Debt service extension base" means an amount equal to
20that portion of the extension for a taxing district for the
211994 levy year, or for those taxing districts subject to this
22Law in accordance with Section 18-213, except for those
23subject to paragraph (2) of subsection (e) of Section 18-213,
24for the levy year in which the referendum making this Law
25applicable to the taxing district is held, or for those taxing
26districts subject to this Law in accordance with paragraph (2)

 

 

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1of subsection (e) of Section 18-213 for the 1996 levy year,
2constituting an extension for payment of principal and
3interest on bonds issued by the taxing district without
4referendum, but not including excluded non-referendum bonds.
5For park districts (i) that were first subject to this Law in
61991 or 1995 and (ii) whose extension for the 1994 levy year
7for the payment of principal and interest on bonds issued by
8the park district without referendum (but not including
9excluded non-referendum bonds) was less than 51% of the amount
10for the 1991 levy year constituting an extension for payment
11of principal and interest on bonds issued by the park district
12without referendum (but not including excluded non-referendum
13bonds), "debt service extension base" means an amount equal to
14that portion of the extension for the 1991 levy year
15constituting an extension for payment of principal and
16interest on bonds issued by the park district without
17referendum (but not including excluded non-referendum bonds).
18A debt service extension base established or increased at any
19time pursuant to any provision of this Law, except Section
2018-212, shall be increased each year commencing with the later
21of (i) the 2009 levy year or (ii) the first levy year in which
22this Law becomes applicable to the taxing district, by the
23extension limitation lesser of 5% or the percentage increase
24in the Consumer Price Index during the 12-month calendar year
25preceding the levy year. The debt service extension base may
26be established or increased as provided under Section 18-212.

 

 

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1"Excluded non-referendum bonds" means (i) bonds authorized by
2Public Act 88-503 and issued under Section 20a of the Chicago
3Park District Act for aquarium and museum projects; (ii) bonds
4issued under Section 15 of the Local Government Debt Reform
5Act; or (iii) refunding obligations issued to refund or to
6continue to refund obligations initially issued pursuant to
7referendum.
8    "Special purpose extensions" include, but are not limited
9to, extensions for levies made on an annual basis for
10unemployment and workers' compensation, self-insurance,
11contributions to pension plans, and extensions made pursuant
12to Section 6-601 of the Illinois Highway Code for a road
13district's permanent road fund whether levied annually or not.
14The extension for a special service area is not included in the
15aggregate extension.
16    "Aggregate extension base" means the taxing district's
17last preceding aggregate extension as adjusted under Sections
1818-135, 18-215, 18-230, 18-206, and 18-233. Beginning with
19levy year 2022, for taxing districts that are specified in
20Section 18-190.7, the taxing district's aggregate extension
21base shall be calculated as provided in Section 18-190.7. An
22adjustment under Section 18-135 shall be made for the 2007
23levy year and all subsequent levy years whenever one or more
24counties within which a taxing district is located (i) used
25estimated valuations or rates when extending taxes in the
26taxing district for the last preceding levy year that resulted

 

 

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1in the over or under extension of taxes, or (ii) increased or
2decreased the tax extension for the last preceding levy year
3as required by Section 18-135(c). Whenever an adjustment is
4required under Section 18-135, the aggregate extension base of
5the taxing district shall be equal to the amount that the
6aggregate extension of the taxing district would have been for
7the last preceding levy year if either or both (i) actual,
8rather than estimated, valuations or rates had been used to
9calculate the extension of taxes for the last levy year, or
10(ii) the tax extension for the last preceding levy year had not
11been adjusted as required by subsection (c) of Section 18-135.
12    Notwithstanding any other provision of law, for levy year
132012, the aggregate extension base for West Northfield School
14District No. 31 in Cook County shall be $12,654,592.
15    Notwithstanding any other provision of law, for the
16purpose of calculating the limiting rate for levy year 2023,
17the last preceding aggregate extension base for Homewood
18School District No. 153 in Cook County shall be $19,535,377.
19    Notwithstanding any other provision of law, for levy year
202022, the aggregate extension base of a home equity assurance
21program that levied at least $1,000,000 in property taxes in
22levy year 2019 or 2020 under the Home Equity Assurance Act
23shall be the amount that the program's aggregate extension
24base for levy year 2021 would have been if the program had
25levied a property tax for levy year 2021.
26    "Levy year" has the same meaning as "year" under Section

 

 

SB3844- 17 -LRB104 19189 HLH 32634 b

11-155.
2    "New property" means (i) the assessed value, after final
3board of review or board of appeals action, of new
4improvements or additions to existing improvements on any
5parcel of real property that increase the assessed value of
6that real property during the levy year multiplied by the
7equalization factor issued by the Department under Section
817-30, (ii) the assessed value, after final board of review or
9board of appeals action, of real property not exempt from real
10estate taxation, which real property was exempt from real
11estate taxation for any portion of the immediately preceding
12levy year, multiplied by the equalization factor issued by the
13Department under Section 17-30, including the assessed value,
14upon final stabilization of occupancy after new construction
15is complete, of any real property located within the
16boundaries of an otherwise or previously exempt military
17reservation that is intended for residential use and owned by
18or leased to a private corporation or other entity, (iii) in
19counties that classify in accordance with Section 4 of Article
20IX of the Illinois Constitution, an incentive property's
21additional assessed value resulting from a scheduled increase
22in the level of assessment as applied to the first year final
23board of review market value, and (iv) any increase in
24assessed value due to oil or gas production from an oil or gas
25well required to be permitted under the Hydraulic Fracturing
26Regulatory Act that was not produced in or accounted for

 

 

SB3844- 18 -LRB104 19189 HLH 32634 b

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

 

 

SB3844- 19 -LRB104 19189 HLH 32634 b

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

 

 

SB3844- 20 -LRB104 19189 HLH 32634 b

1rate" means a fraction the numerator of which is the last
2preceding aggregate extension base (as reduced by Section
318-207, if applicable) times an amount equal to one plus the
4extension 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
8year. For 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 and taxing districts that
12reduced their aggregate extension pursuant to Section 18-207,
13the highest aggregate extension in any of the last 3 preceding
14levy years shall be used for the purpose of computing the
15limiting rate. The denominator shall not include new property
16or the recovered tax increment value. If a new rate, a rate
17decrease, or a limiting rate increase has been approved at an
18election held after March 21, 2006, then (i) the otherwise
19applicable limiting rate shall be increased by the amount of
20the new rate or shall be reduced by the amount of the rate
21decrease, as the case may be, or (ii) in the case of a limiting
22rate increase, the limiting rate shall be equal to the rate set
23forth in the proposition approved by the voters for each of the
24years specified in the proposition, after which the limiting
25rate of the taxing district shall be calculated as otherwise
26provided. In the case of a taxing district that obtained

 

 

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1referendum approval for an increased limiting rate on March
220, 2012, the limiting rate for tax year 2012 shall be the rate
3that generates the approximate total amount of taxes
4extendable for that tax year, as set forth in the proposition
5approved by the voters; this rate shall be the final rate
6applied by the county clerk for the aggregate of all capped
7funds of the district for tax year 2012.
8(Source: P.A. 103-154, eff. 6-30-23; 103-587, eff. 5-28-24;
9103-591, eff. 7-1-24; 103-592, eff. 6-7-24; 104-417, eff.
108-15-25.)
 
11    (35 ILCS 200/18-205)
12    Sec. 18-205. Referendum to increase the extension
13limitation. A taxing district is limited to an extension
14limitation as defined in Section 18-185 of 5% or the
15percentage increase in the Consumer Price Index during the
1612-month calendar year preceding the levy year, whichever is
17less. A taxing district may increase its extension limitation
18for one or more levy years if that taxing district holds a
19referendum before the levy date for the first levy year at
20which a majority of voters voting on the issue approves
21adoption of a higher extension limitation. Referenda shall be
22conducted at a regularly scheduled election in accordance with
23the Election Code. The question shall be presented in
24substantially the following manner for all elections held
25after March 21, 2006:

 

 

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1        Shall the extension limitation under the Property Tax
2    Extension Limitation Law for (insert the legal name,
3    number, if any, and county or counties of the taxing
4    district and geographic or other common name by which a
5    school or community college district is known and referred
6    to), Illinois, be increased from (the extension limitation
7    under item (a) of the definition of extension limitation
8    in Section 18-185) the lesser of 5% or the percentage
9    increase in the Consumer Price Index over the prior levy
10    year to (insert the percentage of the proposed increase)%
11    per year for (insert each levy year for which the
12    increased extension limitation will apply)?
13The votes must be recorded as "Yes" or "No".
14If a majority of voters voting on the issue approves the
15adoption of the increase, the increase shall be applicable for
16each levy year specified.
17    The ballot for any question submitted pursuant to this
18Section shall have printed thereon, but not as a part of the
19question submitted, only the following supplemental
20information (which shall be supplied to the election authority
21by the taxing district) in substantially the following form:
22        (1) For the (insert the first levy year for which the
23    increased extension limitation will be applicable) levy
24    year the approximate amount of the additional tax
25    extendable against property containing a single family
26    residence and having a fair market value at the time of the

 

 

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1    referendum of $100,000 is estimated to be $....
2        (2) Based upon an average annual percentage increase
3    (or decrease) in the market value of such property of ...%
4    (insert percentage equal to the average annual percentage
5    increase or decrease for the prior 3 levy years, at the
6    time the submission of the question is initiated by the
7    taxing district, in the amount of (A) the equalized
8    assessed value of the taxable property in the taxing
9    district less (B) the new property included in the
10    equalized assessed value), the approximate amount of the
11    additional tax extendable against such property for the
12    ... levy year is estimated to be $... and for the ... levy
13    year is estimated to be $....
14    Paragraph (2) shall be included only if the increased
15extension limitation will be applicable for more than one year
16and shall list each levy year for which the increased
17extension limitation will be applicable. The additional tax
18shown for each levy year shall be the approximate dollar
19amount of the increase over the amount of the most recently
20completed extension at the time the submission of the question
21is initiated by the taxing district. The approximate amount of
22the additional tax extendable shown in paragraphs (1) and (2)
23shall be calculated by multiplying $100,000 (the fair market
24value of the property without regard to any property tax
25exemptions) by (i) the percentage level of assessment
26prescribed for that property by statute, or by ordinance of

 

 

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1the county board in counties that classify property for
2purposes of taxation in accordance with Section 4 of Article
3IX of the Illinois Constitution; (ii) the most recent final
4equalization factor certified to the county clerk by the
5Department of Revenue at the time the taxing district
6initiates the submission of the proposition to the electors;
7(iii) the last known aggregate extension base of the taxing
8district at the time the submission of the question is
9initiated by the taxing district; and (iv) the difference
10between the percentage increase proposed in the question and
11the otherwise applicable extension limitation lesser of 5% or
12the percentage increase in the Consumer Price Index for the
13prior levy year (or an estimate of the percentage increase for
14the prior levy year if the increase is unavailable at the time
15the submission of the question is initiated by the taxing
16district); and dividing the result by the last known equalized
17assessed value of the taxing district at the time the
18submission of the question is initiated by the taxing
19district. This amendatory Act of the 97th General Assembly is
20intended to clarify the existing requirements of this Section,
21and shall not be construed to validate any prior non-compliant
22referendum language. Any notice required to be published in
23connection with the submission of the question shall also
24contain this supplemental information and shall not contain
25any other supplemental information. Any error, miscalculation,
26or inaccuracy in computing any amount set forth on the ballot

 

 

SB3844- 25 -LRB104 19189 HLH 32634 b

1or in the notice that is not deliberate shall not invalidate or
2affect the validity of any proposition approved. Notice of the
3referendum shall be published and posted as otherwise required
4by law, and the submission of the question shall be initiated
5as provided by law.
6(Source: P.A. 97-1087, eff. 8-24-12.)
 
7    (35 ILCS 200/18-207 new)
8    Sec. 18-207. Reduced aggregate extension base.
9    (a) Upon submission of a petition signed by a number of
10voters of the taxing district that is not less than 10% of the
11votes cast in the taxing district at the immediately preceding
12gubernatorial election, the question of whether a taxing
13district shall reduce its aggregate extension base for the
14purpose of lowering its limiting rate for future years shall
15be submitted to the voters of the taxing district at the next
16general or consolidated election. The petition shall set forth
17the amount of the reduction and the levy years for which the
18reduction shall be applicable.
19    (b) The petition shall be filed with the applicable
20election authority, as defined in Section 1-3 of the Election
21Code, or, in the case of multiple election authorities, with
22the State Board of Elections, not more than 10 months nor less
23than 6 months prior to the election at which the question is to
24be submitted to the voters, and its validity shall be
25determined as provided by Article 28 of the Election Code and

 

 

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1general election law. The election authority or Board, as
2applicable, shall certify the question and the proper election
3authority or authorities shall submit the question to the
4voters. Except as otherwise provided in this Section, this
5referendum shall be subject to all other general election law
6requirements.
7    (c) The proposition seeking to reduce the aggregate
8extension base shall be in substantially the following form:
9        Shall the aggregate extension base used to calculate
10    the limiting rate for (taxing district) under the Property
11    Tax Extension Limitation Law be reduced by (amount of
12    money expressed in U.S. dollars) for (levy year or years)?
13    Votes shall be recorded as "Yes" or "No".
14    If a majority of all votes cast on the proposition are in
15favor of the proposition, then the aggregate extension base
16shall be reduced as provided in the referendum.
 
17    (35 ILCS 200/18-212)
18    Sec. 18-212. Referendum on debt service extension base. A
19taxing district may establish or increase its debt service
20extension base if (i) that taxing district holds a referendum
21before the date on which the levy must be filed with the county
22clerk of the county or counties in which the taxing district is
23situated and (ii) a majority of voters voting on the issue
24approves the establishment of or increase in the debt service
25extension base. A debt service extension base established or

 

 

SB3844- 27 -LRB104 19189 HLH 32634 b

1increased by a referendum held pursuant to this Section after
2February 2, 2010, shall be increased each year, commencing
3with the first levy year beginning after the date of the
4referendum, by the extension limitation lesser of 5% or the
5percentage increase in the Consumer Price Index during the
612-month calendar year preceding the levy year if the optional
7language concerning the annual increase is included in the
8question submitted to the electors of the taxing district.
9Referenda under this Section shall be conducted at a regularly
10scheduled election in accordance with the Election Code. The
11governing body of the taxing district shall certify the
12question to the proper election authorities who shall submit
13the question to the electors of the taxing district in
14substantially the following form:
15        "Shall the debt service extension base under the
16    Property Tax Extension Limitation Law for ... (taxing
17    district name) ... for payment of principal and interest
18    on limited bonds be .... ((established at $ ....) . (or)
19    (increased from $ .... to $ ....)) .. for the ..... levy
20    year and all subsequent levy years (optional language:,
21    such debt service extension base to be increased each year
22    by (extension limitation amount) the lesser of 5% or the
23    percentage increase in the Consumer Price Index during the
24    12-month calendar year preceding the levy year)?"
25    Votes on the question shall be recorded as "Yes" or "No".
26    If a majority of voters voting on the issue approves the

 

 

SB3844- 28 -LRB104 19189 HLH 32634 b

1establishment of or increase in the debt service extension
2base, the establishment of or increase in the debt service
3extension base shall be applicable for the levy years
4specified.
5(Source: P.A. 96-1202, eff. 7-22-10.)
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law.