Rep. Mark L. Walker

Filed: 2/17/2022

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 448

2    AMENDMENT NO. ______. Amend House Bill 448 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Section 18-185 as follows:
 
6    (35 ILCS 200/18-185)
7    Sec. 18-185. Short title; definitions. This Division 5
8may be cited as the Property Tax Extension Limitation Law. As
9used in 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.

 

 

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1    "Affected county" means a county of 3,000,000 or more
2inhabitants or a county contiguous to a county of 3,000,000 or
3more inhabitants.
4    "Taxing district" has the same meaning provided in Section
51-150, except as otherwise provided in this Section. For the
61991 through 1994 levy years only, "taxing district" includes
7only each non-home rule taxing district having the majority of
8its 1990 equalized assessed value within any county or
9counties contiguous to a county with 3,000,000 or more
10inhabitants. Beginning with the 1995 levy year, "taxing
11district" includes only each non-home rule taxing district
12subject to this Law before the 1995 levy year and each non-home
13rule taxing district not subject to this Law before the 1995
14levy year having the majority of its 1994 equalized assessed
15value in an affected county or counties. Beginning with the
16levy year in which this Law becomes applicable to a taxing
17district as provided in Section 18-213, "taxing district" also
18includes those taxing districts made subject to this Law as
19provided in Section 18-213.
20    "Aggregate extension" for taxing districts to which this
21Law applied before the 1995 levy year means the annual
22corporate extension for the taxing district and those special
23purpose extensions that are made annually for the taxing
24district, excluding special purpose extensions: (a) made for
25the taxing district to pay interest or principal on general
26obligation bonds that were approved by referendum; (b) made

 

 

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1for any taxing district to pay interest or principal on
2general obligation bonds issued before October 1, 1991; (c)
3made for any taxing district to pay interest or principal on
4bonds issued to refund or continue to refund those bonds
5issued before October 1, 1991; (d) made for any taxing
6district to pay interest or principal on bonds issued to
7refund or continue to refund bonds issued after October 1,
81991 that were approved by referendum; (e) made for any taxing
9district to pay interest or principal on revenue bonds issued
10before October 1, 1991 for payment of which a property tax levy
11or the full faith and credit of the unit of local government is
12pledged; however, a tax for the payment of interest or
13principal on those bonds shall be made only after the
14governing body of the unit of local government finds that all
15other sources for payment are insufficient to make those
16payments; (f) made for payments under a building commission
17lease when the lease payments are for the retirement of bonds
18issued by the commission before October 1, 1991, to pay for the
19building project; (g) made for payments due under installment
20contracts entered into before October 1, 1991; (h) made for
21payments of principal and interest on bonds issued under the
22Metropolitan Water Reclamation District Act to finance
23construction projects initiated before October 1, 1991; (i)
24made for payments of principal and interest on limited bonds,
25as defined in Section 3 of the Local Government Debt Reform
26Act, in an amount not to exceed the debt service extension base

 

 

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1less the amount in items (b), (c), (e), and (h) of this
2definition for non-referendum obligations, except obligations
3initially issued pursuant to referendum; (j) made for payments
4of principal and interest on bonds issued under Section 15 of
5the Local Government Debt Reform Act; (k) made by a school
6district that participates in the Special Education District
7of Lake County, created by special education joint agreement
8under Section 10-22.31 of the School Code, for payment of the
9school district's share of the amounts required to be
10contributed by the Special Education District of Lake County
11to the Illinois Municipal Retirement Fund under Article 7 of
12the Illinois Pension Code; the amount of any extension under
13this item (k) shall be certified by the school district to the
14county clerk; (l) made to fund expenses of providing joint
15recreational programs for persons with disabilities under
16Section 5-8 of the Park District Code or Section 11-95-14 of
17the Illinois Municipal Code; (m) made for temporary relocation
18loan repayment purposes pursuant to Sections 2-3.77 and
1917-2.2d of the School Code; (n) made for payment of principal
20and interest on any bonds issued under the authority of
21Section 17-2.2d of the School Code; (o) 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;
25and (p) made for road purposes in the first year after a
26township assumes the rights, powers, duties, assets, property,

 

 

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1liabilities, obligations, and responsibilities of a road
2district abolished under the provisions of Section 6-133 of
3the Illinois Highway Code.
4    "Aggregate extension" for the taxing districts to which
5this Law did not apply before the 1995 levy year (except taxing
6districts subject to this Law in accordance with Section
718-213) means the annual corporate extension for the taxing
8district and those special purpose extensions that are made
9annually for the taxing district, excluding special purpose
10extensions: (a) made for the taxing district to pay interest
11or principal on general obligation bonds that were approved by
12referendum; (b) made for any taxing district to pay interest
13or principal on general obligation bonds issued before March
141, 1995; (c) made for any taxing district to pay interest or
15principal on bonds issued to refund or continue to refund
16those bonds issued before March 1, 1995; (d) made for any
17taxing district to pay interest or principal on bonds issued
18to refund or continue to refund bonds issued after March 1,
191995 that were approved by referendum; (e) made for any taxing
20district to pay interest or principal on revenue bonds issued
21before March 1, 1995 for payment of which a property tax levy
22or the full faith and credit of the unit of local government is
23pledged; however, a tax for the payment of interest or
24principal on those bonds shall be made only after the
25governing body of the unit of local government finds that all
26other sources for payment are insufficient to make those

 

 

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1payments; (f) made for payments under a building commission
2lease when the lease payments are for the retirement of bonds
3issued by the commission before March 1, 1995 to pay for the
4building project; (g) made for payments due under installment
5contracts entered into before March 1, 1995; (h) made for
6payments of principal and interest on bonds issued under the
7Metropolitan Water Reclamation District Act to finance
8construction projects initiated before October 1, 1991; (h-4)
9made for stormwater management purposes by the Metropolitan
10Water Reclamation District of Greater Chicago under Section 12
11of the Metropolitan Water Reclamation District Act; (i) made
12for payments of principal and interest on limited bonds, as
13defined in Section 3 of the Local Government Debt Reform Act,
14in an amount not to exceed the debt service extension base less
15the amount in items (b), (c), and (e) of this definition for
16non-referendum obligations, except obligations initially
17issued pursuant to referendum and bonds described in
18subsection (h) of this definition; (j) made for payments of
19principal and interest on bonds issued under Section 15 of the
20Local Government Debt Reform Act; (k) made for payments of
21principal and interest on bonds authorized by Public Act
2288-503 and issued under Section 20a of the Chicago Park
23District Act for aquarium or museum projects and bonds issued
24under Section 20a of the Chicago Park District Act for the
25purpose of making contributions to the pension fund
26established under Article 12 of the Illinois Pension Code; (l)

 

 

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1made for payments of principal and interest on bonds
2authorized by Public Act 87-1191 or 93-601 and (i) issued
3pursuant to Section 21.2 of the Cook County Forest Preserve
4District Act, (ii) issued under Section 42 of the Cook County
5Forest Preserve District Act for zoological park projects, or
6(iii) issued under Section 44.1 of the Cook County Forest
7Preserve District Act for botanical gardens projects; (m) made
8pursuant to Section 34-53.5 of the School Code, whether levied
9annually or not; (n) made to fund expenses of providing joint
10recreational programs for persons with disabilities under
11Section 5-8 of the Park District Code or Section 11-95-14 of
12the Illinois Municipal Code; (o) made by the Chicago Park
13District for recreational programs for persons with
14disabilities under subsection (c) of Section 7.06 of the
15Chicago Park District Act; (p) made for contributions to a
16firefighter'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(q) made by Ford Heights School District 169 under Section
2017-9.02 of the School Code; and (r) made for the purpose of
21making employer contributions to the Public School Teachers'
22Pension and Retirement Fund of Chicago under Section 34-53 of
23the School Code.
24    "Aggregate extension" for all taxing districts to which
25this Law applies in accordance with Section 18-213, except for
26those taxing districts subject to paragraph (2) of subsection

 

 

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1(e) of Section 18-213, means the annual corporate extension
2for the taxing district and those special purpose extensions
3that are made annually for the taxing district, excluding
4special purpose extensions: (a) made for the taxing district
5to pay interest or principal on general obligation bonds that
6were approved by referendum; (b) made for any taxing district
7to pay interest or principal on general obligation bonds
8issued before the date on which the referendum making this Law
9applicable to the taxing district is held; (c) made for any
10taxing district to pay interest or principal on bonds issued
11to refund or continue to refund those bonds issued before the
12date on which the referendum making this Law applicable to the
13taxing district is held; (d) made for any taxing district to
14pay interest or principal on bonds issued to refund or
15continue to refund bonds issued after the date on which the
16referendum making this Law applicable to the taxing district
17is held if the bonds were approved by referendum after the date
18on which the referendum making this Law applicable to the
19taxing district is held; (e) made for any taxing district to
20pay interest or principal on revenue bonds issued before the
21date on which the referendum making this Law applicable to the
22taxing district is held for payment of which a property tax
23levy or the full faith and credit of the unit of local
24government is pledged; however, a tax for the payment of
25interest or principal on those bonds shall be made only after
26the governing body of the unit of local government finds that

 

 

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

 

 

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1Code; (l) made for contributions to a firefighter's pension
2fund created under Article 4 of the Illinois Pension Code, to
3the extent of the amount certified under item (5) of Section
44-134 of the Illinois Pension Code; and (m) made for the taxing
5district to pay interest or principal on general obligation
6bonds issued pursuant to Section 19-3.10 of the School Code.
7    "Aggregate extension" for all taxing districts to which
8this Law applies in accordance with paragraph (2) of
9subsection (e) of Section 18-213 means the annual corporate
10extension for the taxing district and those special purpose
11extensions that are made annually for the taxing district,
12excluding special purpose extensions: (a) made for the taxing
13district to pay interest or principal on general obligation
14bonds that were approved by referendum; (b) made for any
15taxing district to pay interest or principal on general
16obligation bonds issued before March 7, 1997 (the effective
17date of Public Act 89-718); (c) made for any taxing district to
18pay interest or principal on bonds issued to refund or
19continue to refund those bonds issued before March 7, 1997
20(the effective date of Public Act 89-718); (d) made for any
21taxing district to pay interest or principal on bonds issued
22to refund or continue to refund bonds issued after March 7,
231997 (the effective date of Public Act 89-718) if the bonds
24were approved by referendum after March 7, 1997 (the effective
25date of Public Act 89-718); (e) made for any taxing district to
26pay interest or principal on revenue bonds issued before March

 

 

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17, 1997 (the effective date of Public Act 89-718) for payment
2of which a property tax levy or the full faith and credit of
3the unit of local government is pledged; however, a tax for the
4payment of interest or principal on those bonds shall be made
5only after the governing body of the unit of local government
6finds that all other sources for payment are insufficient to
7make those payments; (f) made for payments under a building
8commission lease when the lease payments are for the
9retirement of bonds issued by the commission before March 7,
101997 (the effective date of Public Act 89-718) to pay for the
11building project; (g) made for payments due under installment
12contracts entered into before March 7, 1997 (the effective
13date of Public Act 89-718); (h) made for payments of principal
14and interest on limited bonds, as defined in Section 3 of the
15Local Government Debt Reform Act, in an amount not to exceed
16the debt service extension base less the amount in items (b),
17(c), and (e) of this definition for non-referendum
18obligations, except obligations initially issued pursuant to
19referendum; (i) made for payments of principal and interest on
20bonds issued under Section 15 of the Local Government Debt
21Reform Act; (j) made for a qualified airport authority to pay
22interest or principal on general obligation bonds issued for
23the purpose of paying obligations due under, or financing
24airport facilities required to be acquired, constructed,
25installed or equipped pursuant to, contracts entered into
26before March 1, 1996 (but not including any amendments to such

 

 

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1a contract taking effect on or after that date); (k) made to
2fund expenses of providing joint recreational programs for
3persons with disabilities under Section 5-8 of the Park
4District Code or Section 11-95-14 of the Illinois Municipal
5Code; and (l) made for contributions to a firefighter's
6pension fund created under Article 4 of the Illinois Pension
7Code, to the extent of the amount certified under item (5) of
8Section 4-134 of the Illinois Pension Code.
9    "Debt service extension base" means an amount equal to
10that portion of the extension for a taxing district for the
111994 levy year, or for those taxing districts subject to this
12Law in accordance with Section 18-213, except for those
13subject to paragraph (2) of subsection (e) of Section 18-213,
14for the levy year in which the referendum making this Law
15applicable to the taxing district is held, or for those taxing
16districts subject to this Law in accordance with paragraph (2)
17of subsection (e) of Section 18-213 for the 1996 levy year,
18constituting an extension for payment of principal and
19interest on bonds issued by the taxing district without
20referendum, but not including excluded non-referendum bonds.
21For park districts (i) that were first subject to this Law in
221991 or 1995 and (ii) whose extension for the 1994 levy year
23for the payment of principal and interest on bonds issued by
24the park district without referendum (but not including
25excluded non-referendum bonds) was less than 51% of the amount
26for the 1991 levy year constituting an extension for payment

 

 

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1of principal and interest on bonds issued by the park district
2without referendum (but not including excluded non-referendum
3bonds), "debt service extension base" means an amount equal to
4that portion of the extension for the 1991 levy year
5constituting an extension for payment of principal and
6interest on bonds issued by the park district without
7referendum (but not including excluded non-referendum bonds).
8A debt service extension base established or increased at any
9time pursuant to any provision of this Law, except Section
1018-212, shall be increased each year commencing with the later
11of (i) the 2009 levy year or (ii) the first levy year in which
12this Law becomes applicable to the taxing district, by the
13lesser of 5% or the percentage increase in the Consumer Price
14Index during the 12-month calendar year preceding the levy
15year. The debt service extension base may be established or
16increased as provided under Section 18-212. "Excluded
17non-referendum bonds" means (i) bonds authorized by Public Act
1888-503 and issued under Section 20a of the Chicago Park
19District Act for aquarium and museum projects; (ii) bonds
20issued under Section 15 of the Local Government Debt Reform
21Act; or (iii) refunding obligations issued to refund or to
22continue to refund obligations initially issued pursuant to
23referendum.
24    "Special purpose extensions" include, but are not limited
25to, extensions for levies made on an annual basis for
26unemployment and workers' compensation, self-insurance,

 

 

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1contributions to pension plans, and extensions made pursuant
2to Section 6-601 of the Illinois Highway Code for a road
3district's permanent road fund whether levied annually or not.
4The extension for a special service area is not included in the
5aggregate extension.
6    "Aggregate extension base" means the taxing district's
7last preceding aggregate extension as adjusted under Sections
818-135, 18-215, 18-230, 18-206, and 18-233. Beginning with
9levy year 2022, for school districts that are subject to this
10Division 5, "aggregate extension base" means the greater of
11(A) the school district's aggregate extension limit or (B) the
12school district's last preceding aggregate extension, as
13adjusted under Sections 18-135, 18-215, 18-230, 18-206, and
1418-233. An adjustment under Section 18-135 shall be made for
15the 2007 levy year and all subsequent levy years whenever one
16or more counties within which a taxing district is located (i)
17used estimated valuations or rates when extending taxes in the
18taxing district for the last preceding levy year that resulted
19in the over or under extension of taxes, or (ii) increased or
20decreased the tax extension for the last preceding levy year
21as required by Section 18-135(c). Whenever an adjustment is
22required under Section 18-135, the aggregate extension base of
23the taxing district shall be equal to the amount that the
24aggregate extension of the taxing district would have been for
25the last preceding levy year if either or both (i) actual,
26rather than estimated, valuations or rates had been used to

 

 

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1calculate the extension of taxes for the last levy year, or
2(ii) the tax extension for the last preceding levy year had not
3been adjusted as required by subsection (c) of Section 18-135.
4    Notwithstanding any other provision of law, for levy year
52012, the aggregate extension base for West Northfield School
6District No. 31 in Cook County shall be $12,654,592.
7    Notwithstanding any other provision of law, for levy year
82022, the aggregate extension base of a home equity assurance
9program that levied at least $1,000,000 in property taxes in
10levy year 2019 or 2020 under the Home Equity Assurance Act
11shall be the amount that the program's aggregate extension
12base for levy year 2021 would have been if the program had
13levied a property tax for levy year 2021.
14    "Levy year" has the same meaning as "year" under Section
151-155.
16    "Aggregate extension limit" means the district's last
17preceding aggregate extension if the school district had
18utilized the maximum limiting rate permitted without
19referendum for each of the 3 immediately preceding levy years,
20as adjusted under Section 18-135, 18-215, 18-230, 18-206, and
2118-233.
22    "New property" means (i) the assessed value, after final
23board of review or board of appeals action, of new
24improvements or additions to existing improvements on any
25parcel of real property that increase the assessed value of
26that real property during the levy year multiplied by the

 

 

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1equalization factor issued by the Department under Section
217-30, (ii) the assessed value, after final board of review or
3board of appeals action, of real property not exempt from real
4estate taxation, which real property was exempt from real
5estate taxation for any portion of the immediately preceding
6levy year, multiplied by the equalization factor issued by the
7Department under Section 17-30, including the assessed value,
8upon final stabilization of occupancy after new construction
9is complete, of any real property located within the
10boundaries of an otherwise or previously exempt military
11reservation that is intended for residential use and owned by
12or leased to a private corporation or other entity, (iii) in
13counties that classify in accordance with Section 4 of Article
14IX of the Illinois Constitution, an incentive property's
15additional assessed value resulting from a scheduled increase
16in the level of assessment as applied to the first year final
17board of review market value, and (iv) any increase in
18assessed value due to oil or gas production from an oil or gas
19well required to be permitted under the Hydraulic Fracturing
20Regulatory Act that was not produced in or accounted for
21during the previous levy year. In addition, the county clerk
22in a county containing a population of 3,000,000 or more shall
23include in the 1997 recovered tax increment value for any
24school district, any recovered tax increment value that was
25applicable to the 1995 tax year calculations.
26    "Qualified airport authority" means an airport authority

 

 

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

 

 

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

 

 

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1year. For those taxing districts that reduced their aggregate
2extension for the last preceding levy year, except for school
3districts that reduced their extension for educational
4purposes pursuant to Section 18-206, the highest aggregate
5extension in any of the last 3 preceding levy years shall be
6used for the purpose of computing the limiting rate. The
7denominator 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. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21;

 

 

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1102-519, eff. 8-20-21; 102-558, eff. 8-20-21; revised
210-5-21.)
 
3    Section 99. Effective date. This Act takes effect upon
4becoming law.".