100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2727

 

Introduced , by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/18-185
35 ILCS 200/18-205
35 ILCS 200/18-212
35 ILCS 200/18-213
35 ILCS 200/18-214
35 ILCS 200/18-242 new
30 ILCS 805/8.41 new

    Amends the Property Tax Code. Provides that, beginning with the 2017 levy year, the Property Tax Extension Limitation Law applies to all taxing districts, including home rule units. Provides that, beginning with the 2017 levy year and until the first levy year to occur after a revenue neutral school funding formula is enacted, the extension limitation under the Property Tax Extension Limitation Law is 0% or the rate of increase approved by the voters. Preempts home rule. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.


LRB100 11116 HLH 21380 b

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

 

 

A BILL FOR

 

HB2727LRB100 11116 HLH 21380 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4Section 5. The Property Tax Code is amended by changing
5Sections 18-185, 18-205, 18-212, 18-213, and 18-214 and by
6adding Section 18-242 as follows:
 
7    (35 ILCS 200/18-185)
8    (Text of Section before amendment by P.A. 99-521)
9    Sec. 18-185. Short title; definitions. This Division 5 may
10be cited as the Property Tax Extension Limitation Law. As used
11in this Division 5:
12    "Consumer Price Index" means the Consumer Price Index for
13All Urban Consumers for all items published by the United
14States Department of Labor.
15    "Extension limitation", for levy years prior to 2017, and
16beginning again with the first levy year to occur after a
17revenue neutral school funding formula is enacted, means (a)
18the lesser of 5% or the percentage increase in the Consumer
19Price Index during the 12-month calendar year preceding the
20levy year or (b) the rate of increase approved by voters under
21Section 18-205.
22    "Extension limitation", beginning in levy year 2017 and
23until the first levy year to occur after a revenue neutral

 

 

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1school funding formula is enacted, means 0% or the rate of
2increase approved by the voters under Section 18-205.
3    "Affected county" means a county of 3,000,000 or more
4inhabitants or a county contiguous to a county of 3,000,000 or
5more inhabitants.
6    "Taxing district" has the same meaning provided in Section
71-150, except as otherwise provided in this Section. For the
81991 through 1994 levy years only, "taxing district" includes
9only each non-home rule taxing district having the majority of
10its 1990 equalized assessed value within any county or counties
11contiguous to a county with 3,000,000 or more inhabitants.
12Beginning with the 1995 levy year and through the 2016 levy
13year, "taxing district" includes only each non-home rule taxing
14district subject to this Law before the 1995 levy year and each
15non-home rule taxing district not subject to this Law before
16the 1995 levy year having the majority of its 1994 equalized
17assessed value in an affected county or counties. Beginning
18with the levy year in which this Law becomes applicable to a
19taxing district as provided in Section 18-213, "taxing
20district" also includes those taxing districts made subject to
21this Law as provided in Section 18-213. Beginning with the 2017
22levy year, "taxing district" has the same meaning provided in
23Section 1-150 and includes home rule units.
24    "Aggregate extension" for taxing districts to which this
25Law applied before the 1995 levy year means the annual
26corporate extension for the taxing district and those special

 

 

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1purpose extensions that are made annually for the taxing
2district, excluding special purpose extensions: (a) made for
3the taxing district to pay interest or principal on general
4obligation bonds that were approved by referendum; (b) made for
5any taxing district to pay interest or principal on general
6obligation bonds issued before October 1, 1991; (c) made for
7any taxing district to pay interest or principal on bonds
8issued to refund or continue to refund those bonds issued
9before October 1, 1991; (d) made for any taxing district to pay
10interest or principal on bonds issued to refund or continue to
11refund bonds issued after October 1, 1991 that were approved by
12referendum; (e) made for any taxing district to pay interest or
13principal on revenue bonds issued before October 1, 1991 for
14payment of which a property tax levy or the full faith and
15credit of the unit of local government is pledged; however, a
16tax for the payment of interest or principal on those bonds
17shall be made only after the governing body of the unit of
18local government finds that all other sources for payment are
19insufficient to make those payments; (f) made for payments
20under a building commission lease when the lease payments are
21for the retirement of bonds issued by the commission before
22October 1, 1991, to pay for the building project; (g) made for
23payments due under installment contracts entered into before
24October 1, 1991; (h) made for payments of principal and
25interest on bonds issued under the Metropolitan Water
26Reclamation District Act to finance construction projects

 

 

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1initiated before October 1, 1991; (i) made for payments of
2principal and interest on limited bonds, as defined in Section
33 of the Local Government Debt Reform Act, in an amount not to
4exceed the debt service extension base less the amount in items
5(b), (c), (e), and (h) of this definition for non-referendum
6obligations, except obligations initially issued pursuant to
7referendum; (j) made for payments of principal and interest on
8bonds issued under Section 15 of the Local Government Debt
9Reform Act; (k) made by a school district that participates in
10the Special Education District of Lake County, created by
11special education joint agreement under Section 10-22.31 of the
12School Code, for payment of the school district's share of the
13amounts required to be contributed by the Special Education
14District of Lake County to the Illinois Municipal Retirement
15Fund under Article 7 of the Illinois Pension Code; the amount
16of any extension under this item (k) shall be certified by the
17school district to the county clerk; (l) made to fund expenses
18of providing joint recreational programs for persons with
19disabilities under Section 5-8 of the Park District Code or
20Section 11-95-14 of the Illinois Municipal Code; (m) made for
21temporary relocation loan repayment purposes pursuant to
22Sections 2-3.77 and 17-2.2d of the School Code; (n) made for
23payment of principal and interest on any bonds issued under the
24authority of Section 17-2.2d of the School Code; (o) made for
25contributions to a firefighter's pension fund created under
26Article 4 of the Illinois Pension Code, to the extent of the

 

 

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1amount certified under item (5) of Section 4-134 of the
2Illinois Pension Code; and (p) made for road purposes in the
3first year after a township assumes the rights, powers, duties,
4assets, property, liabilities, obligations, and
5responsibilities of a road district abolished under the
6provisions of Section 6-133 of the Illinois Highway Code.
7    "Aggregate extension" for the taxing districts to which
8this Law did not apply before the 1995 levy year (except taxing
9districts subject to this Law in accordance with Section 18-213
10or this amendatory Act of the 100th General Assembly) means the
11annual corporate extension for the taxing district and those
12special purpose extensions that are made annually for the
13taxing district, excluding special purpose extensions: (a)
14made for the taxing district to pay interest or principal on
15general obligation bonds that were approved by referendum; (b)
16made for any taxing district to pay interest or principal on
17general obligation bonds issued before March 1, 1995; (c) made
18for any taxing district to pay interest or principal on bonds
19issued to refund or continue to refund those bonds issued
20before March 1, 1995; (d) made for any taxing district to pay
21interest or principal on bonds issued to refund or continue to
22refund bonds issued after March 1, 1995 that were approved by
23referendum; (e) made for any taxing district to pay interest or
24principal on revenue bonds issued before March 1, 1995 for
25payment of which a property tax levy or the full faith and
26credit of the unit of local government is pledged; however, a

 

 

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1tax for the payment of interest or principal on those bonds
2shall be made only after the governing body of the unit of
3local government finds that all other sources for payment are
4insufficient to make those payments; (f) made for payments
5under a building commission lease when the lease payments are
6for the retirement of bonds issued by the commission before
7March 1, 1995 to pay for the building project; (g) made for
8payments due under installment contracts entered into before
9March 1, 1995; (h) made for payments of principal and interest
10on bonds issued under the Metropolitan Water Reclamation
11District Act to finance construction projects initiated before
12October 1, 1991; (h-4) made for stormwater management purposes
13by the Metropolitan Water Reclamation District of Greater
14Chicago under Section 12 of the Metropolitan Water Reclamation
15District Act; (i) made for payments of principal and interest
16on limited bonds, as defined in Section 3 of the Local
17Government Debt Reform Act, in an amount not to exceed the debt
18service extension base less the amount in items (b), (c), and
19(e) of this definition for non-referendum obligations, except
20obligations initially issued pursuant to referendum and bonds
21described in subsection (h) of this definition; (j) made for
22payments of principal and interest on bonds issued under
23Section 15 of the Local Government Debt Reform Act; (k) made
24for payments of principal and interest on bonds authorized by
25Public Act 88-503 and issued under Section 20a of the Chicago
26Park District Act for aquarium or museum projects; (l) made for

 

 

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1payments of principal and interest on bonds authorized by
2Public Act 87-1191 or 93-601 and (i) issued pursuant to Section
321.2 of the Cook County Forest Preserve District Act, (ii)
4issued under Section 42 of the Cook County Forest Preserve
5District Act for zoological park projects, or (iii) issued
6under Section 44.1 of the Cook County Forest Preserve District
7Act for botanical gardens projects; (m) made pursuant to
8Section 34-53.5 of the School Code, whether levied annually or
9not; (n) made to fund expenses of providing joint recreational
10programs for persons with disabilities under Section 5-8 of the
11Park District Code or Section 11-95-14 of the Illinois
12Municipal Code; (o) made by the Chicago Park District for
13recreational programs for persons with disabilities under
14subsection (c) of Section 7.06 of the Chicago Park District
15Act; (p) made for contributions to a firefighter's pension fund
16created under Article 4 of the Illinois Pension Code, to the
17extent of the amount certified under item (5) of Section 4-134
18of the Illinois Pension Code; and (q) made by Ford Heights
19School District 169 under Section 17-9.02 of the School 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.
3    "Aggregate extension" for all taxing districts to which
4this Law applies in accordance with paragraph (2) of subsection
5(e) of Section 18-213 or this amendatory Act of the 100th
6General Assembly means the annual corporate extension for the
7taxing district and those special purpose extensions that are
8made annually for the taxing district, excluding special
9purpose extensions: (a) made for the taxing district to pay
10interest or principal on general obligation bonds that were
11approved by referendum; (b) made for any taxing district to pay
12interest or principal on general obligation bonds issued before
13the effective date of this amendatory Act of 1997; (c) made for
14any taxing district to pay interest or principal on bonds
15issued to refund or continue to refund those bonds issued
16before the effective date of this amendatory Act of 1997; (d)
17made for any taxing district to pay interest or principal on
18bonds issued to refund or continue to refund bonds issued after
19the effective date of this amendatory Act of 1997 if the bonds
20were approved by referendum after the effective date of this
21amendatory Act of 1997; (e) made for any taxing district to pay
22interest or principal on revenue bonds issued before the
23effective date of this amendatory Act of 1997 for payment of
24which a property tax levy or the full faith and credit of the
25unit of local government is pledged; however, a tax for the
26payment of interest or principal on those bonds shall be made

 

 

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1only after the governing body of the unit of local government
2finds that all other sources for payment are insufficient to
3make those payments; (f) made for payments under a building
4commission lease when the lease payments are for the retirement
5of bonds issued by the commission before the effective date of
6this amendatory Act of 1997 to pay for the building project;
7(g) made for payments due under installment contracts entered
8into before the effective date of this amendatory Act of 1997;
9(h) made for payments of principal and interest on limited
10bonds, as defined in Section 3 of the Local Government Debt
11Reform Act, in an amount not to exceed the debt service
12extension base less the amount in items (b), (c), and (e) of
13this definition for non-referendum obligations, except
14obligations initially issued pursuant to referendum; (i) made
15for payments of principal and interest on bonds issued under
16Section 15 of the Local Government Debt Reform Act; (j) made
17for a qualified airport authority to pay interest or principal
18on general obligation bonds issued for the purpose of paying
19obligations due under, or financing airport facilities
20required to be acquired, constructed, installed or equipped
21pursuant to, contracts entered into before March 1, 1996 (but
22not including any amendments to such a contract taking effect
23on or after that date); (k) made to fund expenses of providing
24joint recreational programs for persons with disabilities
25under Section 5-8 of the Park District Code or Section 11-95-14
26of the Illinois Municipal Code; and (l) made for contributions

 

 

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1to a firefighter's pension fund created under Article 4 of the
2Illinois Pension Code, to the extent of the amount certified
3under item (5) of Section 4-134 of the Illinois Pension Code.
4    "Debt service extension base" means an amount equal to that
5portion of the extension for a taxing district for the 1994
6levy year, or for those taxing districts subject to this Law in
7accordance with Section 18-213, except for those subject to
8paragraph (2) of subsection (e) of Section 18-213, for the levy
9year in which the referendum making this Law applicable to the
10taxing district is held, or for those taxing districts subject
11to this Law in accordance with paragraph (2) of subsection (e)
12of Section 18-213 for the 1996 levy year, constituting an
13extension for payment of principal and interest on bonds issued
14by the taxing district without referendum, but not including
15excluded non-referendum bonds. For park districts (i) that were
16first subject to this Law in 1991 or 1995 and (ii) whose
17extension for the 1994 levy year for the payment of principal
18and interest on bonds issued by the park district without
19referendum (but not including excluded non-referendum bonds)
20was less than 51% of the amount for the 1991 levy year
21constituting an extension for payment of principal and interest
22on bonds issued by the park district without referendum (but
23not including excluded non-referendum bonds), "debt service
24extension base" means an amount equal to that portion of the
25extension for the 1991 levy year constituting an extension for
26payment of principal and interest on bonds issued by the park

 

 

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1district without referendum (but not including excluded
2non-referendum bonds). A debt service extension base
3established or increased at any time pursuant to any provision
4of this Law, except Section 18-212, shall be increased each
5year commencing with the later of (i) the 2009 levy year or
6(ii) the first levy year in which this Law becomes applicable
7to the taxing district, by (A) for levy years prior to the 2017
8levy year, the lesser of 5% or the percentage increase in the
9Consumer Price Index during the 12-month calendar year
10preceding the levy year or (B) beginning with the 2017 levy
11year, 0%. The debt service extension base may be established or
12increased as provided under Section 18-212. "Excluded
13non-referendum bonds" means (i) bonds authorized by Public Act
1488-503 and issued under Section 20a of the Chicago Park
15District Act for aquarium and museum projects; (ii) bonds
16issued under Section 15 of the Local Government Debt Reform
17Act; or (iii) refunding obligations issued to refund or to
18continue to refund obligations initially issued pursuant to
19referendum.
20    "Special purpose extensions" include, but are not limited
21to, extensions for levies made on an annual basis for
22unemployment and workers' compensation, self-insurance,
23contributions to pension plans, and extensions made pursuant to
24Section 6-601 of the Illinois Highway Code for a road
25district's permanent road fund whether levied annually or not.
26The extension for a special service area is not included in the

 

 

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1aggregate extension.
2    "Aggregate extension base" means the taxing district's
3last preceding aggregate extension as adjusted under Sections
418-135, 18-215, and 18-230. An adjustment under Section 18-135
5shall be made for the 2007 levy year and all subsequent levy
6years whenever one or more counties within which a taxing
7district is located (i) used estimated valuations or rates when
8extending taxes in the taxing district for the last preceding
9levy year that resulted in the over or under extension of
10taxes, or (ii) increased or decreased the tax extension for the
11last preceding levy year as required by Section 18-135(c).
12Whenever an adjustment is required under Section 18-135, the
13aggregate extension base of the taxing district shall be equal
14to the amount that the aggregate extension of the taxing
15district would have been for the last preceding levy year if
16either or both (i) actual, rather than estimated, valuations or
17rates had been used to calculate the extension of taxes for the
18last levy year, or (ii) the tax extension for the last
19preceding levy year had not been adjusted as required by
20subsection (c) of Section 18-135.
21    Notwithstanding any other provision of law, for levy year
222012, the aggregate extension base for West Northfield School
23District No. 31 in Cook County shall be $12,654,592.
24    "Levy year" has the same meaning as "year" under Section
251-155.
26    "New property" means (i) the assessed value, after final

 

 

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1board of review or board of appeals action, of new improvements
2or additions to existing improvements on any parcel of real
3property that increase the assessed value of that real property
4during the levy year multiplied by the equalization factor
5issued by the Department under Section 17-30, (ii) the assessed
6value, after final board of review or board of appeals action,
7of real property not exempt from real estate taxation, which
8real property was exempt from real estate taxation for any
9portion of the immediately preceding levy year, multiplied by
10the equalization factor issued by the Department under Section
1117-30, including the assessed value, upon final stabilization
12of occupancy after new construction is complete, of any real
13property located within the boundaries of an otherwise or
14previously exempt military reservation that is intended for
15residential use and owned by or leased to a private corporation
16or other entity, (iii) in counties that classify in accordance
17with Section 4 of Article IX of the Illinois Constitution, an
18incentive property's additional assessed value resulting from
19a scheduled increase in the level of assessment as applied to
20the first year final board of review market value, and (iv) any
21increase in assessed value due to oil or gas production from an
22oil or gas well required to be permitted under the Hydraulic
23Fracturing Regulatory Act that was not produced in or accounted
24for during the previous levy year. In addition, the county
25clerk in a county containing a population of 3,000,000 or more
26shall include in the 1997 recovered tax increment value for any

 

 

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1school district, any recovered tax increment value that was
2applicable to the 1995 tax year calculations.
3    "Qualified airport authority" means an airport authority
4organized under the Airport Authorities Act and located in a
5county bordering on the State of Wisconsin and having a
6population in excess of 200,000 and not greater than 500,000.
7    "Recovered tax increment value" means, except as otherwise
8provided in this paragraph, the amount of the current year's
9equalized assessed value, in the first year after a
10municipality terminates the designation of an area as a
11redevelopment project area previously established under the
12Tax Increment Allocation Development Act in the Illinois
13Municipal Code, previously established under the Industrial
14Jobs Recovery Law in the Illinois Municipal Code, previously
15established under the Economic Development Project Area Tax
16Increment Act of 1995, or previously established under the
17Economic Development Area Tax Increment Allocation Act, of each
18taxable lot, block, tract, or parcel of real property in the
19redevelopment project area over and above the initial equalized
20assessed value of each property in the redevelopment project
21area. For the taxes which are extended for the 1997 levy year,
22the recovered tax increment value for a non-home rule taxing
23district that first became subject to this Law for the 1995
24levy year because a majority of its 1994 equalized assessed
25value was in an affected county or counties shall be increased
26if a municipality terminated the designation of an area in 1993

 

 

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1as a redevelopment project area previously established under
2the Tax Increment Allocation Development Act in the Illinois
3Municipal Code, previously established under the Industrial
4Jobs Recovery Law in the Illinois Municipal Code, or previously
5established under the Economic Development Area Tax Increment
6Allocation Act, by an amount equal to the 1994 equalized
7assessed value of each taxable lot, block, tract, or parcel of
8real property in the redevelopment project area over and above
9the initial equalized assessed value of each property in the
10redevelopment project area. In the first year after a
11municipality removes a taxable lot, block, tract, or parcel of
12real property from a redevelopment project area established
13under the Tax Increment Allocation Development Act in the
14Illinois Municipal Code, the Industrial Jobs Recovery Law in
15the Illinois Municipal Code, or the Economic Development Area
16Tax Increment Allocation Act, "recovered tax increment value"
17means the amount of the current year's equalized assessed value
18of each taxable lot, block, tract, or parcel of real property
19removed from the redevelopment project area over and above the
20initial equalized assessed value of that real property before
21removal from the redevelopment project area.
22    Except as otherwise provided in this Section, "limiting
23rate" means a fraction the numerator of which is the last
24preceding aggregate extension base times an amount equal to one
25plus the extension limitation defined in this Section and the
26denominator of which is the current year's equalized assessed

 

 

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1value of all real property in the territory under the
2jurisdiction of the taxing district during the prior levy year.
3For those taxing districts that reduced their aggregate
4extension for the last preceding levy year, the highest
5aggregate extension in any of the last 3 preceding levy years
6shall be used for the purpose of computing the limiting rate.
7The denominator shall not include new property or the recovered
8tax increment value. If a new rate, a rate decrease, or a
9limiting rate increase has been approved at an election held
10after March 21, 2006, then (i) the otherwise applicable
11limiting rate shall be increased by the amount of the new rate
12or shall be reduced by the amount of the rate decrease, as the
13case may be, or (ii) in the case of a limiting rate increase,
14the limiting rate shall be equal to the rate set forth in the
15proposition approved by the voters for each of the years
16specified in the proposition, after which the limiting rate of
17the taxing district shall be calculated as otherwise provided.
18In the case of a taxing district that obtained referendum
19approval for an increased limiting rate on March 20, 2012, the
20limiting rate for tax year 2012 shall be the rate that
21generates the approximate total amount of taxes extendable for
22that tax year, as set forth in the proposition approved by the
23voters; this rate shall be the final rate applied by the county
24clerk for the aggregate of all capped funds of the district for
25tax year 2012.
26(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,

 

 

HB2727- 19 -LRB100 11116 HLH 21380 b

1eff. 7-27-15.)
 
2    (Text of Section after amendment by P.A. 99-521)
3    Sec. 18-185. Short title; definitions. This Division 5 may
4be cited as the Property Tax Extension Limitation Law. As used
5in this Division 5:
6    "Consumer Price Index" means the Consumer Price Index for
7All Urban Consumers for all items published by the United
8States Department of Labor.
9    "Extension limitation", for levy years prior to 2017, and
10beginning again with the first levy year to occur after a
11revenue neutral school funding formula is enacted, means (a)
12the lesser of 5% or the percentage increase in the Consumer
13Price Index during the 12-month calendar year preceding the
14levy year or (b) the rate of increase approved by voters under
15Section 18-205.
16    "Extension limitation", beginning in levy year 2017 and
17until the first levy year to occur after a revenue neutral
18school funding formula is enacted, means 0% or the rate of
19increase approved by the voters under Section 18-205.
20    "Affected county" means a county of 3,000,000 or more
21inhabitants or a county contiguous to a county of 3,000,000 or
22more inhabitants.
23    "Taxing district" has the same meaning provided in Section
241-150, except as otherwise provided in this Section. For the
251991 through 1994 levy years only, "taxing district" includes

 

 

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1only each non-home rule taxing district having the majority of
2its 1990 equalized assessed value within any county or counties
3contiguous to a county with 3,000,000 or more inhabitants.
4Beginning with the 1995 levy year and through the 2016 levy
5year, "taxing district" includes only each non-home rule taxing
6district subject to this Law before the 1995 levy year and each
7non-home rule taxing district not subject to this Law before
8the 1995 levy year having the majority of its 1994 equalized
9assessed value in an affected county or counties. Beginning
10with the levy year in which this Law becomes applicable to a
11taxing district as provided in Section 18-213, "taxing
12district" also includes those taxing districts made subject to
13this Law as provided in Section 18-213. Beginning with the 2017
14levy year, "taxing district" has the same meaning provided in
15Section 1-150 and includes home rule units.
16    "Aggregate extension" for taxing districts to which this
17Law applied before the 1995 levy year means the annual
18corporate extension for the taxing district and those special
19purpose extensions that are made annually for the taxing
20district, excluding special purpose extensions: (a) made for
21the taxing district to pay interest or principal on general
22obligation bonds that were approved by referendum; (b) made for
23any taxing district to pay interest or principal on general
24obligation bonds issued before October 1, 1991; (c) made for
25any taxing district to pay interest or principal on bonds
26issued to refund or continue to refund those bonds issued

 

 

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1before October 1, 1991; (d) made for any taxing district to pay
2interest or principal on bonds issued to refund or continue to
3refund bonds issued after October 1, 1991 that were approved by
4referendum; (e) made for any taxing district to pay interest or
5principal on revenue bonds issued before October 1, 1991 for
6payment of which a property tax levy or the full faith and
7credit of the unit of local government is pledged; however, a
8tax for the payment of interest or principal on those bonds
9shall be made only after the governing body of the unit of
10local government finds that all other sources for payment are
11insufficient to make those payments; (f) made for payments
12under a building commission lease when the lease payments are
13for the retirement of bonds issued by the commission before
14October 1, 1991, to pay for the building project; (g) made for
15payments due under installment contracts entered into before
16October 1, 1991; (h) made for payments of principal and
17interest on bonds issued under the Metropolitan Water
18Reclamation District Act to finance construction projects
19initiated before October 1, 1991; (i) made for payments of
20principal and interest on limited bonds, as defined in Section
213 of the Local Government Debt Reform Act, in an amount not to
22exceed the debt service extension base less the amount in items
23(b), (c), (e), and (h) of this definition for non-referendum
24obligations, except obligations initially issued pursuant to
25referendum; (j) made for payments of principal and interest on
26bonds issued under Section 15 of the Local Government Debt

 

 

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1Reform Act; (k) made by a school district that participates in
2the Special Education District of Lake County, created by
3special education joint agreement under Section 10-22.31 of the
4School Code, for payment of the school district's share of the
5amounts required to be contributed by the Special Education
6District of Lake County to the Illinois Municipal Retirement
7Fund under Article 7 of the Illinois Pension Code; the amount
8of any extension under this item (k) shall be certified by the
9school district to the county clerk; (l) made to fund expenses
10of providing joint recreational programs for persons with
11disabilities under Section 5-8 of the Park District Code or
12Section 11-95-14 of the Illinois Municipal Code; (m) made for
13temporary relocation loan repayment purposes pursuant to
14Sections 2-3.77 and 17-2.2d of the School Code; (n) made for
15payment of principal and interest on any bonds issued under the
16authority of Section 17-2.2d of the School Code; (o) made for
17contributions to a firefighter's pension fund created under
18Article 4 of the Illinois Pension Code, to the extent of the
19amount certified under item (5) of Section 4-134 of the
20Illinois Pension Code; and (p) made for road purposes in the
21first year after a township assumes the rights, powers, duties,
22assets, property, liabilities, obligations, and
23responsibilities of a road district abolished under the
24provisions of Section 6-133 of the Illinois Highway Code.
25    "Aggregate extension" for the taxing districts to which
26this Law did not apply before the 1995 levy year (except taxing

 

 

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1districts subject to this Law in accordance with Section 18-213
2or this amendatory Act of the 100th General Assembly) means the
3annual corporate extension for the taxing district and those
4special purpose extensions that are made annually for the
5taxing district, excluding special purpose extensions: (a)
6made for the taxing district to pay interest or principal on
7general obligation bonds that were approved by referendum; (b)
8made for any taxing district to pay interest or principal on
9general obligation bonds issued before March 1, 1995; (c) made
10for any taxing district to pay interest or principal on bonds
11issued to refund or continue to refund those bonds issued
12before March 1, 1995; (d) made for any taxing district to pay
13interest or principal on bonds issued to refund or continue to
14refund bonds issued after March 1, 1995 that were approved by
15referendum; (e) made for any taxing district to pay interest or
16principal on revenue bonds issued before March 1, 1995 for
17payment of which a property tax levy or the full faith and
18credit of the unit of local government is pledged; however, a
19tax for the payment of interest or principal on those bonds
20shall be made only after the governing body of the unit of
21local government finds that all other sources for payment are
22insufficient to make those payments; (f) made for payments
23under a building commission lease when the lease payments are
24for the retirement of bonds issued by the commission before
25March 1, 1995 to pay for the building project; (g) made for
26payments due under installment contracts entered into before

 

 

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1March 1, 1995; (h) made for payments of principal and interest
2on bonds issued under the Metropolitan Water Reclamation
3District Act to finance construction projects initiated before
4October 1, 1991; (h-4) made for stormwater management purposes
5by the Metropolitan Water Reclamation District of Greater
6Chicago under Section 12 of the Metropolitan Water Reclamation
7District Act; (i) made for payments of principal and interest
8on limited bonds, as defined in Section 3 of the Local
9Government Debt Reform Act, in an amount not to exceed the debt
10service extension base less the amount in items (b), (c), and
11(e) of this definition for non-referendum obligations, except
12obligations initially issued pursuant to referendum and bonds
13described in subsection (h) of this definition; (j) made for
14payments of principal and interest on bonds issued under
15Section 15 of the Local Government Debt Reform Act; (k) made
16for payments of principal and interest on bonds authorized by
17Public Act 88-503 and issued under Section 20a of the Chicago
18Park District Act for aquarium or museum projects; (l) made for
19payments of principal and interest on bonds authorized by
20Public Act 87-1191 or 93-601 and (i) issued pursuant to Section
2121.2 of the Cook County Forest Preserve District Act, (ii)
22issued under Section 42 of the Cook County Forest Preserve
23District Act for zoological park projects, or (iii) issued
24under Section 44.1 of the Cook County Forest Preserve District
25Act for botanical gardens projects; (m) made pursuant to
26Section 34-53.5 of the School Code, whether levied annually or

 

 

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1not; (n) made to fund expenses of providing joint recreational
2programs for persons with disabilities under Section 5-8 of the
3Park District Code or Section 11-95-14 of the Illinois
4Municipal Code; (o) made by the Chicago Park District for
5recreational programs for persons with disabilities under
6subsection (c) of Section 7.06 of the Chicago Park District
7Act; (p) made for contributions to a firefighter's pension fund
8created under Article 4 of the Illinois Pension Code, to the
9extent of the amount certified under item (5) of Section 4-134
10of the Illinois Pension Code; (q) made by Ford Heights School
11District 169 under Section 17-9.02 of the School Code; and (r)
12made for the purpose of making employer contributions to the
13Public School Teachers' Pension and Retirement Fund of Chicago
14under Section 34-53 of the School Code.
15    "Aggregate extension" for all taxing districts to which
16this Law applies in accordance with Section 18-213, except for
17those taxing districts subject to paragraph (2) of subsection
18(e) of Section 18-213, means the annual corporate extension for
19the taxing district and those special purpose extensions that
20are made annually for the taxing district, excluding special
21purpose extensions: (a) made for the taxing district to pay
22interest or principal on general obligation bonds that were
23approved by referendum; (b) made for any taxing district to pay
24interest or principal on general obligation bonds issued before
25the date on which the referendum making this Law applicable to
26the taxing district is held; (c) made for any taxing district

 

 

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

 

 

HB2727- 27 -LRB100 11116 HLH 21380 b

1interest on limited bonds, as defined in Section 3 of the Local
2Government Debt Reform Act, in an amount not to exceed the debt
3service extension base less the amount in items (b), (c), and
4(e) of this definition for non-referendum obligations, except
5obligations initially issued pursuant to referendum; (i) made
6for payments of principal and interest on bonds issued under
7Section 15 of the Local Government Debt Reform Act; (j) made
8for a qualified airport authority to pay interest or principal
9on general obligation bonds issued for the purpose of paying
10obligations due under, or financing airport facilities
11required to be acquired, constructed, installed or equipped
12pursuant to, contracts entered into before March 1, 1996 (but
13not including any amendments to such a contract taking effect
14on or after that date); (k) made to fund expenses of providing
15joint recreational programs for persons with disabilities
16under Section 5-8 of the Park District Code or Section 11-95-14
17of the Illinois Municipal Code; (l) made for contributions to a
18firefighter's pension fund created under Article 4 of the
19Illinois Pension Code, to the extent of the amount certified
20under item (5) of Section 4-134 of the Illinois Pension Code;
21and (m) made for the taxing district to pay interest or
22principal on general obligation bonds issued pursuant to
23Section 19-3.10 of the School Code.
24    "Aggregate extension" for all taxing districts to which
25this Law applies in accordance with paragraph (2) of subsection
26(e) of Section 18-213 or this amendatory Act of the 100th

 

 

HB2727- 28 -LRB100 11116 HLH 21380 b

1General Assembly means the annual corporate extension for the
2taxing district and those special purpose extensions that are
3made annually for the taxing district, excluding special
4purpose extensions: (a) made for the taxing district to pay
5interest or principal on general obligation bonds that were
6approved by referendum; (b) made for any taxing district to pay
7interest or principal on general obligation bonds issued before
8the effective date of this amendatory Act of 1997; (c) made for
9any taxing district to pay interest or principal on bonds
10issued to refund or continue to refund those bonds issued
11before the effective date of this amendatory Act of 1997; (d)
12made for any taxing district to pay interest or principal on
13bonds issued to refund or continue to refund bonds issued after
14the effective date of this amendatory Act of 1997 if the bonds
15were approved by referendum after the effective date of this
16amendatory Act of 1997; (e) made for any taxing district to pay
17interest or principal on revenue bonds issued before the
18effective date of this amendatory Act of 1997 for payment of
19which a property tax levy or the full faith and credit of the
20unit of local government is pledged; however, a tax for the
21payment of interest or principal on those bonds shall be made
22only after the governing body of the unit of local government
23finds that all other sources for payment are insufficient to
24make those payments; (f) made for payments under a building
25commission lease when the lease payments are for the retirement
26of bonds issued by the commission before the effective date of

 

 

HB2727- 29 -LRB100 11116 HLH 21380 b

1this amendatory Act of 1997 to pay for the building project;
2(g) made for payments due under installment contracts entered
3into before the effective date of this amendatory Act of 1997;
4(h) made for payments of principal and interest on limited
5bonds, as defined in Section 3 of the Local Government Debt
6Reform Act, in an amount not to exceed the debt service
7extension base less the amount in items (b), (c), and (e) of
8this definition for non-referendum obligations, except
9obligations initially issued pursuant to referendum; (i) made
10for payments of principal and interest on bonds issued under
11Section 15 of the Local Government Debt Reform Act; (j) made
12for a qualified airport authority to pay interest or principal
13on general obligation bonds issued for the purpose of paying
14obligations due under, or financing airport facilities
15required to be acquired, constructed, installed or equipped
16pursuant to, contracts entered into before March 1, 1996 (but
17not including any amendments to such a contract taking effect
18on or after that date); (k) made to fund expenses of providing
19joint recreational programs for persons with disabilities
20under Section 5-8 of the Park District Code or Section 11-95-14
21of the Illinois Municipal Code; and (l) made for contributions
22to a firefighter's pension fund created under Article 4 of the
23Illinois Pension Code, to the extent of the amount certified
24under item (5) of Section 4-134 of the Illinois Pension Code.
25    "Debt service extension base" means an amount equal to that
26portion of the extension for a taxing district for the 1994

 

 

HB2727- 30 -LRB100 11116 HLH 21380 b

1levy year, or for those taxing districts subject to this Law in
2accordance with Section 18-213, except for those subject to
3paragraph (2) of subsection (e) of Section 18-213, for the levy
4year in which the referendum making this Law applicable to the
5taxing district is held, or for those taxing districts subject
6to this Law in accordance with paragraph (2) of subsection (e)
7of Section 18-213 for the 1996 levy year, constituting an
8extension for payment of principal and interest on bonds issued
9by the taxing district without referendum, but not including
10excluded non-referendum bonds. For park districts (i) that were
11first subject to this Law in 1991 or 1995 and (ii) whose
12extension for the 1994 levy year for the payment of principal
13and interest on bonds issued by the park district without
14referendum (but not including excluded non-referendum bonds)
15was less than 51% of the amount for the 1991 levy year
16constituting an extension for payment of principal and interest
17on bonds issued by the park district without referendum (but
18not including excluded non-referendum bonds), "debt service
19extension base" means an amount equal to that portion of the
20extension for the 1991 levy year constituting an extension for
21payment of principal and interest on bonds issued by the park
22district without referendum (but not including excluded
23non-referendum bonds). A debt service extension base
24established or increased at any time pursuant to any provision
25of this Law, except Section 18-212, shall be increased each
26year commencing with the later of (i) the 2009 levy year or

 

 

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1(ii) the first levy year in which this Law becomes applicable
2to the taxing district, by (A) for levy years prior to the 2017
3levy year, the lesser of 5% or the percentage increase in the
4Consumer Price Index during the 12-month calendar year
5preceding the levy year or (B) beginning with the 2017 levy
6year, 0%. The debt service extension base may be established or
7increased as provided under Section 18-212. "Excluded
8non-referendum bonds" means (i) bonds authorized by Public Act
988-503 and issued under Section 20a of the Chicago Park
10District Act for aquarium and museum projects; (ii) bonds
11issued under Section 15 of the Local Government Debt Reform
12Act; or (iii) refunding obligations issued to refund or to
13continue to refund obligations initially issued pursuant to
14referendum.
15    "Special purpose extensions" include, but are not limited
16to, extensions for levies made on an annual basis for
17unemployment and workers' compensation, self-insurance,
18contributions to pension plans, and extensions made pursuant to
19Section 6-601 of the Illinois Highway Code for a road
20district's permanent road fund whether levied annually or not.
21The extension for a special service area is not included in the
22aggregate extension.
23    "Aggregate extension base" means the taxing district's
24last preceding aggregate extension as adjusted under Sections
2518-135, 18-215, and 18-230. An adjustment under Section 18-135
26shall be made for the 2007 levy year and all subsequent levy

 

 

HB2727- 32 -LRB100 11116 HLH 21380 b

1years whenever one or more counties within which a taxing
2district is located (i) used estimated valuations or rates when
3extending taxes in the taxing district for the last preceding
4levy year that resulted in the over or under extension of
5taxes, or (ii) increased or decreased the tax extension for the
6last preceding levy year as required by Section 18-135(c).
7Whenever an adjustment is required under Section 18-135, the
8aggregate extension base of the taxing district shall be equal
9to the amount that the aggregate extension of the taxing
10district would have been for the last preceding levy year if
11either or both (i) actual, rather than estimated, valuations or
12rates had been used to calculate the extension of taxes for the
13last levy year, or (ii) the tax extension for the last
14preceding levy year had not been adjusted as required by
15subsection (c) of Section 18-135.
16    Notwithstanding any other provision of law, for levy year
172012, the aggregate extension base for West Northfield School
18District No. 31 in Cook County shall be $12,654,592.
19    "Levy year" has the same meaning as "year" under Section
201-155.
21    "New property" means (i) the assessed value, after final
22board of review or board of appeals action, of new improvements
23or additions to existing improvements on any parcel of real
24property that increase the assessed value of that real property
25during the levy year multiplied by the equalization factor
26issued by the Department under Section 17-30, (ii) the assessed

 

 

HB2727- 33 -LRB100 11116 HLH 21380 b

1value, after final board of review or board of appeals action,
2of real property not exempt from real estate taxation, which
3real property was exempt from real estate taxation for any
4portion of the immediately preceding levy year, multiplied by
5the equalization factor issued by the Department under Section
617-30, including the assessed value, upon final stabilization
7of occupancy after new construction is complete, of any real
8property located within the boundaries of an otherwise or
9previously exempt military reservation that is intended for
10residential use and owned by or leased to a private corporation
11or other entity, (iii) in counties that classify in accordance
12with Section 4 of Article IX of the Illinois Constitution, an
13incentive property's additional assessed value resulting from
14a scheduled increase in the level of assessment as applied to
15the first year final board of review market value, and (iv) any
16increase in assessed value due to oil or gas production from an
17oil or gas well required to be permitted under the Hydraulic
18Fracturing Regulatory Act that was not produced in or accounted
19for during the previous levy year. In addition, the county
20clerk in a county containing a population of 3,000,000 or more
21shall include in the 1997 recovered tax increment value for any
22school district, any recovered tax increment value that was
23applicable to the 1995 tax year calculations.
24    "Qualified airport authority" means an airport authority
25organized under the Airport Authorities Act and located in a
26county bordering on the State of Wisconsin and having a

 

 

HB2727- 34 -LRB100 11116 HLH 21380 b

1population in excess of 200,000 and not greater than 500,000.
2    "Recovered tax increment value" means, except as otherwise
3provided in this paragraph, the amount of the current year's
4equalized assessed value, in the first year after a
5municipality terminates the designation of an area as a
6redevelopment project area previously established under the
7Tax Increment Allocation Development Act in the Illinois
8Municipal Code, previously established under the Industrial
9Jobs Recovery Law in the Illinois Municipal Code, previously
10established under the Economic Development Project Area Tax
11Increment Act of 1995, or previously established under the
12Economic Development Area Tax Increment Allocation Act, of each
13taxable lot, block, tract, or parcel of real property in the
14redevelopment project area over and above the initial equalized
15assessed value of each property in the redevelopment project
16area. For the taxes which are extended for the 1997 levy year,
17the recovered tax increment value for a non-home rule taxing
18district that first became subject to this Law for the 1995
19levy year because a majority of its 1994 equalized assessed
20value was in an affected county or counties shall be increased
21if a municipality terminated the designation of an area in 1993
22as a redevelopment project area previously established under
23the Tax Increment Allocation Development Act in the Illinois
24Municipal Code, previously established under the Industrial
25Jobs Recovery Law in the Illinois Municipal Code, or previously
26established under the Economic Development Area Tax Increment

 

 

HB2727- 35 -LRB100 11116 HLH 21380 b

1Allocation Act, by an amount equal to the 1994 equalized
2assessed value of each taxable lot, block, tract, or parcel of
3real property in the redevelopment project area over and above
4the initial equalized assessed value of each property in the
5redevelopment project area. In the first year after a
6municipality removes a taxable lot, block, tract, or parcel of
7real property from a redevelopment project area established
8under the Tax Increment Allocation Development Act in the
9Illinois Municipal Code, the Industrial Jobs Recovery Law in
10the Illinois Municipal Code, or the Economic Development Area
11Tax Increment Allocation Act, "recovered tax increment value"
12means the amount of the current year's equalized assessed value
13of each taxable lot, block, tract, or parcel of real property
14removed from the redevelopment project area over and above the
15initial equalized assessed value of that real property before
16removal from the redevelopment project area.
17    Except as otherwise provided in this Section, "limiting
18rate" means a fraction the numerator of which is the last
19preceding aggregate extension base times an amount equal to one
20plus the extension limitation defined in this Section and the
21denominator of which is the current year's equalized assessed
22value of all real property in the territory under the
23jurisdiction of the taxing district during the prior levy year.
24For those taxing districts that reduced their aggregate
25extension for the last preceding levy year, the highest
26aggregate extension in any of the last 3 preceding levy years

 

 

HB2727- 36 -LRB100 11116 HLH 21380 b

1shall be used for the purpose of computing the limiting rate.
2The denominator shall not include new property or the recovered
3tax increment value. If a new rate, a rate decrease, or a
4limiting rate increase has been approved at an election held
5after March 21, 2006, then (i) the otherwise applicable
6limiting rate shall be increased by the amount of the new rate
7or shall be reduced by the amount of the rate decrease, as the
8case may be, or (ii) in the case of a limiting rate increase,
9the limiting rate shall be equal to the rate set forth in the
10proposition approved by the voters for each of the years
11specified in the proposition, after which the limiting rate of
12the taxing district shall be calculated as otherwise provided.
13In the case of a taxing district that obtained referendum
14approval for an increased limiting rate on March 20, 2012, the
15limiting rate for tax year 2012 shall be the rate that
16generates the approximate total amount of taxes extendable for
17that tax year, as set forth in the proposition approved by the
18voters; this rate shall be the final rate applied by the county
19clerk for the aggregate of all capped funds of the district for
20tax year 2012.
21(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,
22eff. 7-27-15; 99-521, eff. 6-1-17.)
 
23    (35 ILCS 200/18-205)
24    Sec. 18-205. Referendum to increase the extension
25limitation. A taxing district is limited to an extension

 

 

HB2727- 37 -LRB100 11116 HLH 21380 b

1limitation as defined in Section 18-185 of 5% or the percentage
2increase in the Consumer Price Index during the 12-month
3calendar year preceding the levy year, whichever is less. A
4taxing district may increase its extension limitation for one
5or more levy years if that taxing district holds a referendum
6before the levy date for the first levy year at which a
7majority of voters voting on the issue approves adoption of a
8higher extension limitation. Referenda shall be conducted at a
9regularly scheduled election in accordance with the Election
10Code. The question shall be presented in substantially the
11following manner for all elections held after March 21, 2006:
12        Shall the extension limitation under the Property Tax
13    Extension Limitation Law for (insert the legal name,
14    number, if any, and county or counties of the taxing
15    district and geographic or other common name by which a
16    school or community college district is known and referred
17    to), Illinois, be increased from (extension limitation
18    under Section 18-185) the lesser of 5% or the percentage
19    increase in the Consumer Price Index over the prior levy
20    year to (insert the percentage of the proposed increase)%
21    per year for (insert each levy year for which the increased
22    extension limitation will apply)?
23The votes must be recorded as "Yes" or "No".
24If a majority of voters voting on the issue approves the
25adoption of the increase, the increase shall be applicable for
26each levy year specified.

 

 

HB2727- 38 -LRB100 11116 HLH 21380 b

1    The ballot for any question submitted pursuant to this
2Section shall have printed thereon, but not as a part of the
3question submitted, only the following supplemental
4information (which shall be supplied to the election authority
5by the taxing district) in substantially the following form:
6        (1) For the (insert the first levy year for which the
7    increased extension limitation will be applicable) levy
8    year the approximate amount of the additional tax
9    extendable against property containing a single family
10    residence and having a fair market value at the time of the
11    referendum of $100,000 is estimated to be $....
12        (2) Based upon an average annual percentage increase
13    (or decrease) in the market value of such property of ...%
14    (insert percentage equal to the average annual percentage
15    increase or decrease for the prior 3 levy years, at the
16    time the submission of the question is initiated by the
17    taxing district, in the amount of (A) the equalized
18    assessed value of the taxable property in the taxing
19    district less (B) the new property included in the
20    equalized assessed value), the approximate amount of the
21    additional tax extendable against such property for the ...
22    levy year is estimated to be $... and for the ... levy year
23    is estimated to be $....
24    Paragraph (2) shall be included only if the increased
25extension limitation will be applicable for more than one year
26and shall list each levy year for which the increased extension

 

 

HB2727- 39 -LRB100 11116 HLH 21380 b

1limitation will be applicable. The additional tax shown for
2each levy year shall be the approximate dollar amount of the
3increase over the amount of the most recently completed
4extension at the time the submission of the question is
5initiated by the taxing district. The approximate amount of the
6additional tax extendable shown in paragraphs (1) and (2) shall
7be calculated by multiplying $100,000 (the fair market value of
8the property without regard to any property tax exemptions) by
9(i) the percentage level of assessment prescribed for that
10property by statute, or by ordinance of the county board in
11counties that classify property for purposes of taxation in
12accordance with Section 4 of Article IX of the Illinois
13Constitution; (ii) the most recent final equalization factor
14certified to the county clerk by the Department of Revenue at
15the time the taxing district initiates the submission of the
16proposition to the electors; (iii) the last known aggregate
17extension base of the taxing district at the time the
18submission of the question is initiated by the taxing district;
19and (iv) the difference between the percentage increase
20proposed in the question and (A) the lesser of 5% or the
21percentage increase in the Consumer Price Index for the prior
22levy year (or an estimate of the percentage increase for the
23prior levy year if the increase is unavailable at the time the
24submission of the question is initiated by the taxing district)
25or (B) 0%, as applicable; and dividing the result by the last
26known equalized assessed value of the taxing district at the

 

 

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1time the submission of the question is initiated by the taxing
2district. This amendatory Act of the 97th General Assembly is
3intended to clarify the existing requirements of this Section,
4and shall not be construed to validate any prior non-compliant
5referendum language. Any notice required to be published in
6connection with the submission of the question shall also
7contain this supplemental information and shall not contain any
8other supplemental information. Any error, miscalculation, or
9inaccuracy in computing any amount set forth on the ballot or
10in the notice that is not deliberate shall not invalidate or
11affect the validity of any proposition approved. Notice of the
12referendum shall be published and posted as otherwise required
13by law, and the submission of the question shall be initiated
14as provided by law.
15(Source: P.A. 97-1087, eff. 8-24-12.)
 
16    (35 ILCS 200/18-212)
17    Sec. 18-212. Referendum on debt service extension base. A
18taxing district may establish or increase its debt service
19extension base if (i) that taxing district holds a referendum
20before the date on which the levy must be filed with the county
21clerk of the county or counties in which the taxing district is
22situated and (ii) a majority of voters voting on the issue
23approves the establishment of or increase in the debt service
24extension base. A debt service extension base established or
25increased by a referendum held pursuant to this Section after

 

 

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1February 2, 2010 and prior to the effective date of this
2amendatory Act of the 100th General Assembly, shall be
3increased each year, commencing with the first levy year
4beginning after the date of the referendum, by the lesser of 5%
5or the percentage increase in the Consumer Price Index during
6the 12-month calendar year preceding the levy year if the
7optional language concerning the annual increase is included in
8the question 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 Property
16    Tax Extension Limitation Law for ... (taxing district name)
17    ... for payment of principal and interest on limited bonds
18    be .... ((established at $ ....) . (or) (increased from $
19    .... to $ ....)) .. for the ..... levy year and all
20    subsequent levy years (optional language: , such debt
21    service extension base to be increased each year by the
22    lesser of 5% or the percentage increase in the Consumer
23    Price Index during the 12-month calendar year preceding the
24    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

 

 

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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    (35 ILCS 200/18-213)
7    Sec. 18-213. Referenda on applicability of the Property Tax
8Extension Limitation Law.
9    (a) The provisions of this Section do not apply to a taxing
10district subject to this Law because a majority of its 1990
11equalized assessed value is in a county or counties contiguous
12to a county of 3,000,000 or more inhabitants, or because a
13majority of its 1994 equalized assessed value is in an affected
14county and the taxing district was not subject to this Law
15before the 1995 levy year.
16    (b) Prior to taxable year 2017, the The county board of a
17county that is not subject to this Law may, by ordinance or
18resolution, submit to the voters of the county the question of
19whether to make all non-home rule taxing districts that have
20all or a portion of their equalized assessed valuation situated
21in the county subject to this Law in the manner set forth in
22this Section.
23    For purposes of this Section only:
24    "Taxing district" has the same meaning provided in Section
251-150.

 

 

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1    "Equalized assessed valuation" means the equalized
2assessed valuation for a taxing district for the immediately
3preceding levy year.
4    (c) The ordinance or resolution shall request the
5submission of the proposition at any election, except a
6consolidated primary election, for the purpose of voting for or
7against making the Property Tax Extension Limitation Law
8applicable to all non-home rule taxing districts that have all
9or a portion of their equalized assessed valuation situated in
10the county.
11    The question shall be placed on a separate ballot and shall
12be in substantially the following form:
13        Shall the Property Tax Extension Limitation Law (35
14    ILCS 200/18-185 through 18-245), which limits annual
15    property tax extension increases, apply to non-home rule
16    taxing districts with all or a portion of their equalized
17    assessed valuation located in (name of county)?
18Votes on the question shall be recorded as "yes" or "no".
19    (d) The county clerk shall order the proposition submitted
20to the electors of the county at the election specified in the
21ordinance or resolution. If part of the county is under the
22jurisdiction of a board or boards of election commissioners,
23the county clerk shall submit a certified copy of the ordinance
24or resolution to each board of election commissioners, which
25shall order the proposition submitted to the electors of the
26taxing district within its jurisdiction at the election

 

 

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1specified in the ordinance or resolution.
2    (e) (1) With respect to taxing districts having all of
3    their equalized assessed valuation located in the county,
4    if a majority of the votes cast on the proposition are in
5    favor of the proposition, then this Law becomes applicable
6    to the taxing district beginning on January 1 of the year
7    following the date of the referendum.
8        (2) With respect to taxing districts that meet all the
9    following conditions this Law shall become applicable to
10    the taxing district beginning on January 1, 1997. The
11    districts to which this paragraph (2) is applicable
12            (A) do not have all of their equalized assessed
13        valuation located in a single county,
14            (B) have equalized assessed valuation in an
15        affected county,
16            (C) meet the condition that each county, other than
17        an affected county, in which any of the equalized
18        assessed valuation of the taxing district is located
19        has held a referendum under this Section at any
20        election, except a consolidated primary election, held
21        prior to the effective date of this amendatory Act of
22        1997, and
23            (D) have a majority of the district's equalized
24        assessed valuation located in one or more counties in
25        each of which the voters have approved a referendum
26        under this Section prior to the effective date of this

 

 

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1        amendatory Act of 1997. For purposes of this Section,
2        in determining whether a majority of the equalized
3        assessed valuation of the taxing district is located in
4        one or more counties in which the voters have approved
5        a referendum under this Section, the equalized
6        assessed valuation of the taxing district in any
7        affected county shall be included with the equalized
8        assessed value of the taxing district in counties in
9        which the voters have approved the referendum.
10        (3) With respect to taxing districts that do not have
11    all of their equalized assessed valuation located in a
12    single county and to which paragraph (2) of subsection (e)
13    is not applicable, if each county other than an affected
14    county in which any of the equalized assessed valuation of
15    the taxing district is located has held a referendum under
16    this Section at any election, except a consolidated primary
17    election, held in any year and if a majority of the
18    equalized assessed valuation of the taxing district is
19    located in one or more counties that have each approved a
20    referendum under this Section, then this Law shall become
21    applicable to the taxing district on January 1 of the year
22    following the year in which the last referendum in a county
23    in which the taxing district has any equalized assessed
24    valuation is held. For the purposes of this Law, the last
25    referendum shall be deemed to be the referendum making this
26    Law applicable to the taxing district. For purposes of this

 

 

HB2727- 46 -LRB100 11116 HLH 21380 b

1    Section, in determining whether a majority of the equalized
2    assessed valuation of the taxing district is located in one
3    or more counties that have approved a referendum under this
4    Section, the equalized assessed valuation of the taxing
5    district in any affected county shall be included with the
6    equalized assessed value of the taxing district in counties
7    that have approved the referendum.
8    (f) Immediately after a referendum is held under this
9Section, the county clerk of the county holding the referendum
10shall give notice of the referendum having been held and its
11results to all taxing districts that have all or a portion of
12their equalized assessed valuation located in the county, the
13county clerk of any other county in which any of the equalized
14assessed valuation of any taxing district is located, and the
15Department of Revenue. After the last referendum affecting a
16multi-county taxing district is held, the Department of Revenue
17shall determine whether the taxing district is subject to this
18Law and, if so, shall notify the taxing district and the county
19clerks of all of the counties in which a portion of the
20equalized assessed valuation of the taxing district is located
21that, beginning the following January 1, the taxing district is
22subject to this Law. For each taxing district subject to
23paragraph (2) of subsection (e) of this Section, the Department
24of Revenue shall notify the taxing district and the county
25clerks of all of the counties in which a portion of the
26equalized assessed valuation of the taxing district is located

 

 

HB2727- 47 -LRB100 11116 HLH 21380 b

1that, beginning January 1, 1997, the taxing district is subject
2to this Law.
3    (g) Referenda held under this Section shall be conducted in
4accordance with the Election Code.
5(Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
 
6    (35 ILCS 200/18-214)
7    Sec. 18-214. Referenda on removal of the applicability of
8the Property Tax Extension Limitation Law to non-home rule
9taxing districts.
10    (a) The provisions of this Section do not apply to a taxing
11district that is subject to this Law because a majority of its
121990 equalized assessed value is in a county or counties
13contiguous to a county of 3,000,000 or more inhabitants, or
14because a majority of its 1994 equalized assessed value is in
15an affected county and the taxing district was not subject to
16this Law before the 1995 levy year.
17    (b) For purposes of this Section only:
18    "Taxing district" means any non-home rule taxing district
19that became subject to this Law under Section 18-213 of this
20Law.
21    "Equalized assessed valuation" means the equalized
22assessed valuation for a taxing district for the immediately
23preceding levy year.
24    (c) The county board of a county that became subject to
25this Law by a referendum approved by the voters of the county

 

 

HB2727- 48 -LRB100 11116 HLH 21380 b

1under Section 18-213 may, by ordinance or resolution, in the
2manner set forth in this Section, submit to the voters of the
3county the question of whether this Law applies to all non-home
4rule taxing districts that have all or a portion of their
5equalized assessed valuation situated in the county in the
6manner set forth in this Section.
7    (d) The ordinance or resolution shall request the
8submission of the proposition at any election, except a
9consolidated primary election, for the purpose of voting for or
10against the continued application of the Property Tax Extension
11Limitation Law to all non-home rule taxing districts that have
12all or a portion of their equalized assessed valuation situated
13in the county.
14    The question shall be placed on a separate ballot and shall
15be in substantially the following form:
16        Shall the Property Tax Extension Limitation Law (35
17    ILCS 200/18-185 through 35 ILCS 200/18-245), which limits
18    annual property tax extension increases, apply to non-home
19    rule taxing districts with all or a portion of their
20    equalized assessed valuation located in (name of county)?
21Votes on the question shall be recorded as "yes" or "no".
22    (e) The county clerk shall order the proposition submitted
23to the electors of the county at the election specified in the
24ordinance or resolution. If part of the county is under the
25jurisdiction of a board or boards of election commissioners,
26the county clerk shall submit a certified copy of the ordinance

 

 

HB2727- 49 -LRB100 11116 HLH 21380 b

1or resolution to each board of election commissioners, which
2shall order the proposition submitted to the electors of the
3taxing district within its jurisdiction at the election
4specified in the ordinance or resolution.
5    (f) With respect to taxing districts having all of their
6equalized assessed valuation located in one county, if a
7majority of the votes cast on the proposition are against the
8proposition, then this Law shall not apply to the taxing
9district beginning on January 1 of the year following the date
10of the referendum.
11    (g) With respect to taxing districts that do not have all
12of their equalized assessed valuation located in a single
13county, if both of the following conditions are met, then this
14Law shall no longer apply to the taxing district beginning on
15January 1 of the year following the date of the referendum.
16        (1) Each county in which the district has any equalized
17    assessed valuation must either, (i) have held a referendum
18    under this Section, (ii) be an affected county, or (iii)
19    have held a referendum under Section 18-213 at which the
20    voters rejected the proposition at the most recent election
21    at which the question was on the ballot in the county.
22        (2) The majority of the equalized assessed valuation of
23    the taxing district, other than any equalized assessed
24    valuation in an affected county, is in one or more counties
25    in which the voters rejected the proposition. For purposes
26    of this Section, in determining whether a majority of the

 

 

HB2727- 50 -LRB100 11116 HLH 21380 b

1    equalized assessed valuation of the taxing district is
2    located in one or more counties in which the voters have
3    rejected the proposition under this Section, the equalized
4    assessed valuation of any taxing district in a county which
5    has held a referendum under Section 18-213 at which the
6    voters rejected that proposition, at the most recent
7    election at which the question was on the ballot in the
8    county, will be included with the equalized assessed value
9    of the taxing district in counties in which the voters have
10    rejected the referendum held under this Section.
11    (h) Immediately after a referendum is held under this
12Section, the county clerk of the county holding the referendum
13shall give notice of the referendum having been held and its
14results to all taxing districts that have all or a portion of
15their equalized assessed valuation located in the county, the
16county clerk of any other county in which any of the equalized
17assessed valuation of any such taxing district is located, and
18the Department of Revenue. After the last referendum affecting
19a multi-county taxing district is held, the Department of
20Revenue shall determine whether the taxing district is no
21longer subject to this Law and, if the taxing district is no
22longer subject to this Law, the Department of Revenue shall
23notify the taxing district and the county clerks of all of the
24counties in which a portion of the equalized assessed valuation
25of the taxing district is located that, beginning on January 1
26of the year following the date of the last referendum, the

 

 

HB2727- 51 -LRB100 11116 HLH 21380 b

1taxing district is no longer subject to this Law.
2    (i) Notwithstanding any other provision of law, no
3referendum may be submitted under this Section for taxable year
42017 or thereafter.
5(Source: P.A. 89-718, eff. 3-7-97.)
 
6    (35 ILCS 200/18-242 new)
7    Sec. 18-242. Home rule. This Division 5 is a limitation,
8under subsection (g) of Section 6 of Article VII of the
9Illinois Constitution, on the power of home rule units to tax.
 
10    Section 90. The State Mandates Act is amended by adding
11Section 8.41 as follows:
 
12    (30 ILCS 805/8.41 new)
13    Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
14of this Act, no reimbursement by the State is required for the
15implementation of any mandate created by this amendatory Act of
16the 100th General Assembly.
 
17    Section 95. No acceleration or delay. Where this Act makes
18changes in a statute that is represented in this Act by text
19that is not yet or no longer in effect (for example, a Section
20represented by multiple versions), the use of that text does
21not accelerate or delay the taking effect of (i) the changes
22made by this Act or (ii) provisions derived from any other

 

 

HB2727- 52 -LRB100 11116 HLH 21380 b

1Public Act.
 
2    Section 99. Effective date. This Act takes effect upon
3becoming law.