101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3530

 

Introduced , by Rep. Anne Stava-Murray

 

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

    Amends the Property Tax Extension Limitation in the Property Tax Code. Provides that, in the case of a school district (other than a school district organized under Article 34 of the School Code), the district may increase its extension limitation if the school board certifies to the county clerk that (i) the school district is under a financial emergency during the current levy year and (ii) for either or both of the 2 immediately preceding levy years, the aggregate tax rate for all of the district's included funds was less than the district's limiting rate for the applicable year. Sets forth the amount of the increase. Provides that "financial emergency" means that the district's cash reserves for the current fiscal year fall below 200% of the average of the annual budgets of the district for the 5 preceding years. Effective immediately.


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

 

 

A BILL FOR

 

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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 and 18-205 as follows:
 
6    (35 ILCS 200/18-185)
7    Sec. 18-185. Short title; definitions. This Division 5 may
8be cited as the Property Tax Extension Limitation Law. As used
9in this Division 5:
10    "Consumer Price Index" means the Consumer Price Index for
11All Urban Consumers for all items published by the United
12States Department of Labor.
13    "Extension limitation" means (a) the lesser of 5% or the
14percentage increase in the Consumer Price Index during the
1512-month calendar year preceding the levy year or (b) the rate
16of increase approved by voters under Section 18-205.
17Notwithstanding any other provision of law, in the case of a
18school district (other than a school district organized under
19Article 34 of the School Code), if the school board certifies
20to the county clerk that (i) the school district is under a
21financial emergency during the current levy year and (ii) for
22either or both of the 2 immediately preceding levy years, the
23aggregate tax rate for all of the district's included funds was

 

 

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1less than the district's limiting rate for the applicable year,
2then the extension limitation for the levy year in which the
3financial emergency exists shall be the greater of: (1) the sum
4of (i) the lesser of 5% or the percentage increase in the
5Consumer Price Index during the 12-month calendar year
6preceding the levy year, plus (ii) 50% of the difference
7between the extension limitation for each of the 2 immediately
8preceding levy years and the actual percentage increase for the
9aggregate of the district's included funds over the aggregate
10extension base for that levy year; or (2) the rate of increase
11approved by voters under Section 18-205. For the purposes of
12this definition, "included fund" means any fund of the district
13that is subject to this Law. For the purposes of this
14definition, "financial emergency" means that the district's
15cash reserves for the current fiscal year fall below 200% of
16the average of the annual budgets of the district for the 5
17preceding years.
18    "Affected county" means a county of 3,000,000 or more
19inhabitants or a county contiguous to a county of 3,000,000 or
20more inhabitants.
21    "Taxing district" has the same meaning provided in Section
221-150, except as otherwise provided in this Section. For the
231991 through 1994 levy years only, "taxing district" includes
24only each non-home rule taxing district having the majority of
25its 1990 equalized assessed value within any county or counties
26contiguous to a county with 3,000,000 or more inhabitants.

 

 

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

 

 

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

 

 

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1District of Lake County to the Illinois Municipal Retirement
2Fund under Article 7 of the Illinois Pension Code; the amount
3of any extension under this item (k) shall be certified by the
4school district to the county clerk; (l) made to fund expenses
5of providing joint recreational programs for persons with
6disabilities under Section 5-8 of the Park District Code or
7Section 11-95-14 of the Illinois Municipal Code; (m) made for
8temporary relocation loan repayment purposes pursuant to
9Sections 2-3.77 and 17-2.2d of the School Code; (n) made for
10payment of principal and interest on any bonds issued under the
11authority of Section 17-2.2d of the School Code; (o) made for
12contributions to a firefighter's pension fund created under
13Article 4 of the Illinois Pension Code, to the extent of the
14amount certified under item (5) of Section 4-134 of the
15Illinois Pension Code; and (p) made for road purposes in the
16first year after a township assumes the rights, powers, duties,
17assets, property, liabilities, obligations, and
18responsibilities of a road district abolished under the
19provisions of Section 6-133 of the Illinois Highway Code.
20    "Aggregate extension" for the taxing districts to which
21this Law did not apply before the 1995 levy year (except taxing
22districts subject to this Law in accordance with Section
2318-213) means the annual corporate extension for the taxing
24district and those special purpose extensions that are made
25annually for the taxing district, excluding special purpose
26extensions: (a) made for the taxing district to pay interest or

 

 

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1principal on general obligation bonds that were approved by
2referendum; (b) made for any taxing district to pay interest or
3principal on general obligation bonds issued before March 1,
41995; (c) made for any taxing district to pay interest or
5principal on bonds issued to refund or continue to refund those
6bonds issued before March 1, 1995; (d) made for any taxing
7district to pay interest or principal on bonds issued to refund
8or continue to refund bonds issued after March 1, 1995 that
9were approved by referendum; (e) made for any taxing district
10to pay interest or principal on revenue bonds issued before
11March 1, 1995 for payment of which a property tax levy or the
12full 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 governing
15body of the unit of local government finds that all other
16sources for payment are insufficient to make those payments;
17(f) made for payments under a building commission lease when
18the lease payments are for the retirement of bonds issued by
19the commission before March 1, 1995 to pay for the building
20project; (g) made for payments due under installment contracts
21entered into before March 1, 1995; (h) made for payments of
22principal and interest on bonds issued under the Metropolitan
23Water Reclamation District Act to finance construction
24projects initiated before October 1, 1991; (h-4) made for
25stormwater management purposes by the Metropolitan Water
26Reclamation District of Greater Chicago under Section 12 of the

 

 

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1Metropolitan Water Reclamation District Act; (i) made for
2payments of principal and interest on limited bonds, as defined
3in Section 3 of the Local Government Debt Reform Act, in an
4amount not to exceed the debt service extension base less the
5amount in items (b), (c), and (e) of this definition for
6non-referendum obligations, except obligations initially
7issued pursuant to referendum and bonds described in subsection
8(h) of this definition; (j) made for payments of principal and
9interest on bonds issued under Section 15 of the Local
10Government Debt Reform Act; (k) made for payments of principal
11and interest on bonds authorized by Public Act 88-503 and
12issued under Section 20a of the Chicago Park District Act for
13aquarium or museum projects; (l) made for payments of principal
14and interest on bonds authorized by Public Act 87-1191 or
1593-601 and (i) issued pursuant to Section 21.2 of the Cook
16County Forest Preserve District Act, (ii) issued under Section
1742 of the Cook County Forest Preserve District Act for
18zoological park projects, or (iii) issued under Section 44.1 of
19the Cook County Forest Preserve District Act for botanical
20gardens projects; (m) made pursuant to Section 34-53.5 of the
21School Code, whether levied annually or not; (n) made to fund
22expenses of providing joint recreational programs for persons
23with disabilities under Section 5-8 of the Park District Code
24or Section 11-95-14 of the Illinois Municipal Code; (o) made by
25the Chicago Park District for recreational programs for persons
26with disabilities under subsection (c) of Section 7.06 of the

 

 

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1Chicago Park District Act; (p) made for contributions to a
2firefighter's pension fund created under Article 4 of the
3Illinois Pension Code, to the extent of the amount certified
4under item (5) of Section 4-134 of the Illinois Pension Code;
5(q) made by Ford Heights School District 169 under Section
617-9.02 of the School Code; and (r) made for the purpose of
7making employer contributions to the Public School Teachers'
8Pension and Retirement Fund of Chicago under Section 34-53 of
9the School Code.
10    "Aggregate extension" for all taxing districts to which
11this Law applies in accordance with Section 18-213, except for
12those taxing districts subject to paragraph (2) of subsection
13(e) of Section 18-213, means the annual corporate extension for
14the taxing district and those special purpose extensions that
15are made annually for the taxing district, excluding special
16purpose extensions: (a) made for the taxing district to pay
17interest or principal on general obligation bonds that were
18approved by referendum; (b) made for any taxing district to pay
19interest or principal on general obligation bonds issued before
20the date on which the referendum making this Law applicable to
21the taxing district is held; (c) made for any taxing district
22to pay interest or principal on bonds issued to refund or
23continue to refund those bonds issued before the date on which
24the referendum making this Law applicable to the taxing
25district is held; (d) made for any taxing district to pay
26interest or principal on bonds issued to refund or continue to

 

 

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1refund bonds issued after the date on which the referendum
2making this Law applicable to the taxing district is held if
3the bonds were approved by referendum after the date on which
4the referendum making this Law applicable to the taxing
5district is held; (e) made for any taxing district to pay
6interest or principal on revenue bonds issued before the date
7on which the referendum making this Law applicable to the
8taxing district is held for payment of which a property tax
9levy or the full faith and credit of the unit of local
10government is pledged; however, a tax for the payment of
11interest or principal on those bonds shall be made only after
12the governing body of the unit of local government finds that
13all other sources for payment are insufficient to make those
14payments; (f) made for payments under a building commission
15lease when the lease payments are for the retirement of bonds
16issued by the commission before the date on which the
17referendum making this Law applicable to the taxing district is
18held to pay for the building project; (g) made for payments due
19under installment contracts entered into before the date on
20which the referendum making this Law applicable to the taxing
21district is held; (h) made for payments of principal and
22interest on limited bonds, as defined in Section 3 of the Local
23Government Debt Reform Act, in an amount not to exceed the debt
24service extension base less the amount in items (b), (c), and
25(e) of this definition for non-referendum obligations, except
26obligations initially issued pursuant to referendum; (i) made

 

 

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

 

 

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1interest or principal on general obligation bonds issued before
2the effective date of this amendatory Act of 1997; (c) made for
3any taxing district to pay interest or principal on bonds
4issued to refund or continue to refund those bonds issued
5before the effective date of this amendatory Act of 1997; (d)
6made for any taxing district to pay interest or principal on
7bonds issued to refund or continue to refund bonds issued after
8the effective date of this amendatory Act of 1997 if the bonds
9were approved by referendum after the effective date of this
10amendatory Act of 1997; (e) made for any taxing district to pay
11interest or principal on revenue bonds issued before the
12effective date of this amendatory Act of 1997 for payment of
13which a property tax levy or the full faith and credit of the
14unit of local government is pledged; however, a tax for the
15payment of interest or principal on those bonds shall be made
16only after the governing body of the unit of local government
17finds that all other sources for payment are insufficient to
18make those payments; (f) made for payments under a building
19commission lease when the lease payments are for the retirement
20of bonds issued by the commission before the effective date of
21this amendatory Act of 1997 to pay for the building project;
22(g) made for payments due under installment contracts entered
23into before the effective date of this amendatory Act of 1997;
24(h) made for payments of principal and interest on limited
25bonds, as defined in Section 3 of the Local Government Debt
26Reform Act, in an amount not to exceed the debt service

 

 

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1extension base less the amount in items (b), (c), and (e) of
2this definition for non-referendum obligations, except
3obligations initially issued pursuant to referendum; (i) made
4for payments of principal and interest on bonds issued under
5Section 15 of the Local Government Debt Reform Act; (j) made
6for a qualified airport authority to pay interest or principal
7on general obligation bonds issued for the purpose of paying
8obligations due under, or financing airport facilities
9required to be acquired, constructed, installed or equipped
10pursuant to, contracts entered into before March 1, 1996 (but
11not including any amendments to such a contract taking effect
12on or after that date); (k) made to fund expenses of providing
13joint recreational programs for persons with disabilities
14under Section 5-8 of the Park District Code or Section 11-95-14
15of the Illinois Municipal Code; and (l) made for contributions
16to a firefighter's pension fund created under Article 4 of the
17Illinois Pension Code, to the extent of the amount certified
18under item (5) of Section 4-134 of the Illinois Pension Code.
19    "Debt service extension base" means an amount equal to that
20portion of the extension for a taxing district for the 1994
21levy year, or for those taxing districts subject to this Law in
22accordance with Section 18-213, except for those subject to
23paragraph (2) of subsection (e) of Section 18-213, for the levy
24year in which the referendum making this Law applicable to the
25taxing district is held, or for those taxing districts subject
26to this Law in accordance with paragraph (2) of subsection (e)

 

 

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

 

 

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1(i) bonds authorized by Public Act 88-503 and issued under
2Section 20a of the Chicago Park District Act for aquarium and
3museum projects; (ii) bonds issued under Section 15 of the
4Local Government Debt Reform Act; or (iii) refunding
5obligations issued to refund or to continue to refund
6obligations initially issued pursuant to referendum.
7    "Special purpose extensions" include, but are not limited
8to, extensions for levies made on an annual basis for
9unemployment and workers' compensation, self-insurance,
10contributions to pension plans, and extensions made pursuant to
11Section 6-601 of the Illinois Highway Code for a road
12district's permanent road fund whether levied annually or not.
13The extension for a special service area is not included in the
14aggregate extension.
15    "Aggregate extension base" means the taxing district's
16last preceding aggregate extension as adjusted under Sections
1718-135, 18-215, 18-230, and 18-206. An adjustment under Section
1818-135 shall be made for the 2007 levy year and all subsequent
19levy years whenever one or more counties within which a taxing
20district is located (i) used estimated valuations or rates when
21extending taxes in the taxing district for the last preceding
22levy year that resulted in the over or under extension of
23taxes, or (ii) increased or decreased the tax extension for the
24last preceding levy year as required by Section 18-135(c).
25Whenever an adjustment is required under Section 18-135, the
26aggregate extension base of the taxing district shall be equal

 

 

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1to the amount that the aggregate extension of the taxing
2district would have been for the last preceding levy year if
3either or both (i) actual, rather than estimated, valuations or
4rates had been used to calculate the extension of taxes for the
5last levy year, or (ii) the tax extension for the last
6preceding levy year had not been adjusted as required by
7subsection (c) of Section 18-135.
8    Notwithstanding any other provision of law, for levy year
92012, the aggregate extension base for West Northfield School
10District No. 31 in Cook County shall be $12,654,592.
11    "Levy year" has the same meaning as "year" under Section
121-155.
13    "New property" means (i) the assessed value, after final
14board of review or board of appeals action, of new improvements
15or additions to existing improvements on any parcel of real
16property that increase the assessed value of that real property
17during the levy year multiplied by the equalization factor
18issued by the Department under Section 17-30, (ii) the assessed
19value, after final board of review or board of appeals action,
20of real property not exempt from real estate taxation, which
21real property was exempt from real estate taxation for any
22portion of the immediately preceding levy year, multiplied by
23the equalization factor issued by the Department under Section
2417-30, including the assessed value, upon final stabilization
25of occupancy after new construction is complete, of any real
26property located within the boundaries of an otherwise or

 

 

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1previously exempt military reservation that is intended for
2residential use and owned by or leased to a private corporation
3or other entity, (iii) in counties that classify in accordance
4with Section 4 of Article IX of the Illinois Constitution, an
5incentive property's additional assessed value resulting from
6a scheduled increase in the level of assessment as applied to
7the first year final board of review market value, and (iv) any
8increase in assessed value due to oil or gas production from an
9oil or gas well required to be permitted under the Hydraulic
10Fracturing Regulatory Act that was not produced in or accounted
11for during the previous levy year. In addition, the county
12clerk in a county containing a population of 3,000,000 or more
13shall include in the 1997 recovered tax increment value for any
14school district, any recovered tax increment value that was
15applicable to the 1995 tax year calculations.
16    "Qualified airport authority" means an airport authority
17organized under the Airport Authorities Act and located in a
18county bordering on the State of Wisconsin and having a
19population in excess of 200,000 and not greater than 500,000.
20    "Recovered tax increment value" means, except as otherwise
21provided in this paragraph, the amount of the current year's
22equalized assessed value, in the first year after a
23municipality terminates the designation of an area as a
24redevelopment project area previously established under the
25Tax Increment Allocation Development Act in the Illinois
26Municipal Code, previously established under the Industrial

 

 

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1Jobs Recovery Law in the Illinois Municipal Code, previously
2established under the Economic Development Project Area Tax
3Increment Act of 1995, or previously established under the
4Economic Development Area Tax Increment Allocation Act, of each
5taxable lot, block, tract, or parcel of real property in the
6redevelopment project area over and above the initial equalized
7assessed value of each property in the redevelopment project
8area. For the taxes which are extended for the 1997 levy year,
9the recovered tax increment value for a non-home rule taxing
10district that first became subject to this Law for the 1995
11levy year because a majority of its 1994 equalized assessed
12value was in an affected county or counties shall be increased
13if a municipality terminated the designation of an area in 1993
14as a redevelopment project area previously established under
15the Tax Increment Allocation Development Act in the Illinois
16Municipal Code, previously established under the Industrial
17Jobs Recovery Law in the Illinois Municipal Code, or previously
18established under the Economic Development Area Tax Increment
19Allocation Act, by an amount equal to the 1994 equalized
20assessed value of each taxable lot, block, tract, or parcel of
21real property in the redevelopment project area over and above
22the initial equalized assessed value of each property in the
23redevelopment project area. In the first year after a
24municipality removes a taxable lot, block, tract, or parcel of
25real property from a redevelopment project area established
26under the Tax Increment Allocation Development Act in the

 

 

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1Illinois Municipal Code, the Industrial Jobs Recovery Law in
2the Illinois Municipal Code, or the Economic Development Area
3Tax Increment Allocation Act, "recovered tax increment value"
4means the amount of the current year's equalized assessed value
5of each taxable lot, block, tract, or parcel of real property
6removed from the redevelopment project area over and above the
7initial equalized assessed value of that real property before
8removal from the redevelopment project area.
9    Except as otherwise provided in this Section, "limiting
10rate" means a fraction the numerator of which is the last
11preceding aggregate extension base times an amount equal to one
12plus the extension limitation defined in this Section and the
13denominator of which is the current year's equalized assessed
14value of all real property in the territory under the
15jurisdiction of the taxing district during the prior levy year.
16For those taxing districts that reduced their aggregate
17extension for the last preceding levy year, except for school
18districts that reduced their extension for educational
19purposes pursuant to Section 18-206, the highest aggregate
20extension in any of the last 3 preceding levy years shall be
21used for the purpose of computing the limiting rate. The
22denominator shall not include new property or the recovered tax
23increment value. If a new rate, a rate decrease, or a limiting
24rate increase has been approved at an election held after March
2521, 2006, then (i) the otherwise applicable limiting rate shall
26be increased by the amount of the new rate or shall be reduced

 

 

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1by the amount of the rate decrease, as the case may be, or (ii)
2in the case of a limiting rate increase, the limiting rate
3shall be equal to the rate set forth in the proposition
4approved by the voters for each of the years specified in the
5proposition, after which the limiting rate of the taxing
6district shall be calculated as otherwise provided. In the case
7of a taxing district that obtained referendum approval for an
8increased limiting rate on March 20, 2012, the limiting rate
9for tax year 2012 shall be the rate that generates the
10approximate total amount of taxes extendable for that tax year,
11as set forth in the proposition approved by the voters; this
12rate shall be the final rate applied by the county clerk for
13the aggregate of all capped funds of the district for tax year
142012.
15(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;
16100-465, eff. 8-31-17.)
 
17    (35 ILCS 200/18-205)
18    Sec. 18-205. Referendum to increase the extension
19limitation. A taxing district is limited to an extension
20limitation as provided in Section 18-185 of 5% or the
21percentage increase in the Consumer Price Index during the
2212-month calendar year preceding the levy year, whichever is
23less. A taxing district may increase its extension limitation
24for one or more levy years if that taxing district holds a
25referendum before the levy date for the first levy year at

 

 

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1which a majority of voters voting on the issue approves
2adoption of a higher extension limitation. Referenda shall be
3conducted at a regularly scheduled election in accordance with
4the Election Code. The question shall be presented in
5substantially the following manner for all elections held after
6March 21, 2006:
7        Shall the extension limitation under the Property Tax
8    Extension Limitation Law for (insert the legal name,
9    number, if any, and county or counties of the taxing
10    district and geographic or other common name by which a
11    school or community college district is known and referred
12    to), Illinois, be increased from the (applicable extension
13    limitation) lesser of 5% or the percentage increase in the
14    Consumer Price Index over the prior levy year to (insert
15    the percentage of the proposed increase)% per year for
16    (insert each levy year for which the increased extension
17    limitation will apply)?
18The votes must be recorded as "Yes" or "No".
19If a majority of voters voting on the issue approves the
20adoption of the increase, the increase shall be applicable for
21each levy year specified.
22    The ballot for any question submitted pursuant to this
23Section shall have printed thereon, but not as a part of the
24question submitted, only the following supplemental
25information (which shall be supplied to the election authority
26by the taxing district) in substantially the following form:

 

 

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1        (1) For the (insert the first levy year for which the
2    increased extension limitation will be applicable) levy
3    year the approximate amount of the additional tax
4    extendable against property containing a single family
5    residence and having a fair market value at the time of the
6    referendum of $100,000 is estimated to be $....
7        (2) Based upon an average annual percentage increase
8    (or decrease) in the market value of such property of ...%
9    (insert percentage equal to the average annual percentage
10    increase or decrease for the prior 3 levy years, at the
11    time the submission of the question is initiated by the
12    taxing district, in the amount of (A) the equalized
13    assessed value of the taxable property in the taxing
14    district less (B) the new property included in the
15    equalized assessed value), the approximate amount of the
16    additional tax extendable against such property for the ...
17    levy year is estimated to be $... and for the ... levy year
18    is estimated to be $....
19    Paragraph (2) shall be included only if the increased
20extension limitation will be applicable for more than one year
21and shall list each levy year for which the increased extension
22limitation will be applicable. The additional tax shown for
23each levy year shall be the approximate dollar amount of the
24increase over the amount of the most recently completed
25extension at the time the submission of the question is
26initiated by the taxing district. The approximate amount of the

 

 

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1additional tax extendable shown in paragraphs (1) and (2) shall
2be calculated by multiplying $100,000 (the fair market value of
3the property without regard to any property tax exemptions) by
4(i) the percentage level of assessment prescribed for that
5property by statute, or by ordinance of the county board in
6counties that classify property for purposes of taxation in
7accordance with Section 4 of Article IX of the Illinois
8Constitution; (ii) the most recent final equalization factor
9certified to the county clerk by the Department of Revenue at
10the time the taxing district initiates the submission of the
11proposition to the electors; (iii) the last known aggregate
12extension base of the taxing district at the time the
13submission of the question is initiated by the taxing district;
14and (iv) the difference between the percentage increase
15proposed in the question and the applicable extension
16limitation under Section 18-185 lesser of 5% or the percentage
17increase in the Consumer Price Index for the prior levy year
18(or an estimate of the percentage increase for the prior levy
19year if the increase is unavailable at the time the submission
20of the question is initiated by the taxing district); and
21dividing the result by the last known equalized assessed value
22of the taxing district at the time the submission of the
23question is initiated by the taxing district. This amendatory
24Act of the 97th General Assembly is intended to clarify the
25existing requirements of this Section, and shall not be
26construed to validate any prior non-compliant referendum

 

 

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1language. Any notice required to be published in connection
2with the submission of the question shall also contain this
3supplemental information and shall not contain any other
4supplemental information. Any error, miscalculation, or
5inaccuracy in computing any amount set forth on the ballot or
6in the notice that is not deliberate shall not invalidate or
7affect the validity of any proposition approved. Notice of the
8referendum shall be published and posted as otherwise required
9by law, and the submission of the question shall be initiated
10as provided by law.
11(Source: P.A. 97-1087, eff. 8-24-12.)
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.