Rep. John E. Bradley

Filed: 5/30/2013

 

 


 

 


 
09800SB2155ham002LRB098 08610 MGM 46730 a

1
AMENDMENT TO SENATE BILL 2155

2    AMENDMENT NO. ______. Amend Senate Bill 2155, AS AMENDED,
3by replacing everything after the enacting clause with the
4following:
 
5    "Section 5. If and only if Senate Bill 1715 of the 98th
6General Assembly becomes law, then the Hydraulic Fracturing
7Regulatory Act is amended by changing Section 2-45 as follows:
 
8    (09800SB1715ham001, Sec. 2-45)
9    Sec. 2-45. Purchaser's return and tax remittance. Each
10purchaser shall make a return to the Department showing the
11quantity of oil or gas purchased during the month for which the
12return is filed, the price paid therefore, total value, the
13name and address of the operator or other person from whom the
14same was purchased, a description of the production unit in the
15manner prescribed by the Department from which such oil or gas
16was severed and the amount of tax due from each production unit

 

 

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1for each calendar month. All taxes due, or to be remitted, by
2the purchaser shall accompany this return. The return shall be
3filed on or before the last day of the month after the calendar
4month for which the return is required. The Department shall
5forward the necessary information to each Chief County
6Assessment Officer for the administration and application of ad
7valorem real property taxes at the county level. This
8information shall be forwarded to the Chief County Assessment
9Officers in a yearly summary before March 1 of the following
10calendar year. The Department may require any additional report
11or information it may deem necessary for the proper
12administration of this Act.
13    Such returns shall be filed electronically in the manner
14prescribed by the Department. Purchasers shall make all
15payments of that tax to the Department by electronic funds
16transfer unless, as provided by rule, the Department grants an
17exception upon petition of a purchaser. Purchasers' returns
18must be accompanied by appropriate computer generated magnetic
19media supporting schedule data in the format required by the
20Department, unless, as provided by rule, the Department grants
21an exception upon petition of a purchaser.
22(Source: 09800SB1715ham001.)
 
23    Section 10. If and only if Senate Bill 1715 of the 98th
24General Assembly becomes law, then the Property Tax Code is
25amended by changing Section 18-185 as follows:
 

 

 

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1    (35 ILCS 200/18-185)
2    Sec. 18-185. Short title; definitions. This Division 5 may
3be cited as the Property Tax Extension Limitation Law. As used
4in this Division 5:
5    "Consumer Price Index" means the Consumer Price Index for
6All Urban Consumers for all items published by the United
7States Department of Labor.
8    "Extension limitation" means (a) the lesser of 5% or the
9percentage increase in the Consumer Price Index during the
1012-month calendar year preceding the levy year or (b) the rate
11of increase approved by voters under Section 18-205.
12    "Affected county" means a county of 3,000,000 or more
13inhabitants or a county contiguous to a county of 3,000,000 or
14more inhabitants.
15    "Taxing district" has the same meaning provided in Section
161-150, except as otherwise provided in this Section. For the
171991 through 1994 levy years only, "taxing district" includes
18only each non-home rule taxing district having the majority of
19its 1990 equalized assessed value within any county or counties
20contiguous to a county with 3,000,000 or more inhabitants.
21Beginning with the 1995 levy year, "taxing district" includes
22only each non-home rule taxing district subject to this Law
23before the 1995 levy year and each non-home rule taxing
24district not subject to this Law before the 1995 levy year
25having the majority of its 1994 equalized assessed value in an

 

 

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1affected county or counties. Beginning with the levy year in
2which this Law becomes applicable to a taxing district as
3provided in Section 18-213, "taxing district" also includes
4those taxing districts made subject to this Law as provided in
5Section 18-213.
6    "Aggregate extension" for taxing districts to which this
7Law applied before the 1995 levy year means the annual
8corporate extension for the taxing district and those special
9purpose extensions that are made annually for the taxing
10district, excluding special purpose extensions: (a) made for
11the taxing district to pay interest or principal on general
12obligation bonds that were approved by referendum; (b) made for
13any taxing district to pay interest or principal on general
14obligation bonds issued before October 1, 1991; (c) made for
15any taxing district to pay interest or principal on bonds
16issued to refund or continue to refund those bonds issued
17before October 1, 1991; (d) made for any taxing district to pay
18interest or principal on bonds issued to refund or continue to
19refund bonds issued after October 1, 1991 that were approved by
20referendum; (e) made for any taxing district to pay interest or
21principal on revenue bonds issued before October 1, 1991 for
22payment of which a property tax levy or the full faith and
23credit of the unit of local government is pledged; however, a
24tax for the payment of interest or principal on those bonds
25shall be made only after the governing body of the unit of
26local government finds that all other sources for payment are

 

 

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1insufficient to make those payments; (f) made for payments
2under a building commission lease when the lease payments are
3for the retirement of bonds issued by the commission before
4October 1, 1991, to pay for the building project; (g) made for
5payments due under installment contracts entered into before
6October 1, 1991; (h) made for payments of principal and
7interest on bonds issued under the Metropolitan Water
8Reclamation District Act to finance construction projects
9initiated before October 1, 1991; (i) made for payments of
10principal and interest on limited bonds, as defined in Section
113 of the Local Government Debt Reform Act, in an amount not to
12exceed the debt service extension base less the amount in items
13(b), (c), (e), and (h) of this definition for non-referendum
14obligations, except obligations initially issued pursuant to
15referendum; (j) made for payments of principal and interest on
16bonds issued under Section 15 of the Local Government Debt
17Reform Act; (k) made by a school district that participates in
18the Special Education District of Lake County, created by
19special education joint agreement under Section 10-22.31 of the
20School Code, for payment of the school district's share of the
21amounts required to be contributed by the Special Education
22District of Lake County to the Illinois Municipal Retirement
23Fund under Article 7 of the Illinois Pension Code; the amount
24of any extension under this item (k) shall be certified by the
25school district to the county clerk; (l) made to fund expenses
26of providing joint recreational programs for the handicapped

 

 

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1under Section 5-8 of the Park District Code or Section 11-95-14
2of the Illinois Municipal Code; (m) made for temporary
3relocation loan repayment purposes pursuant to Sections 2-3.77
4and 17-2.2d of the School Code; (n) made for payment of
5principal and interest on any bonds issued under the authority
6of Section 17-2.2d of the School Code; (o) made for
7contributions to a firefighter's pension fund created under
8Article 4 of the Illinois Pension Code, to the extent of the
9amount certified under item (5) of Section 4-134 of the
10Illinois Pension Code; and (p) made for road purposes in the
11first year after a township assumes the rights, powers, duties,
12assets, property, liabilities, obligations, and
13responsibilities of a road district abolished under the
14provisions of Section 6-133 of the Illinois Highway Code.
15    "Aggregate extension" for the taxing districts to which
16this Law did not apply before the 1995 levy year (except taxing
17districts subject to this Law in accordance with Section
1818-213) means the annual corporate extension for the taxing
19district and those special purpose extensions that are made
20annually for the taxing district, excluding special purpose
21extensions: (a) made for the taxing district to pay interest or
22principal on general obligation bonds that were approved by
23referendum; (b) made for any taxing district to pay interest or
24principal on general obligation bonds issued before March 1,
251995; (c) made for any taxing district to pay interest or
26principal on bonds issued to refund or continue to refund those

 

 

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1bonds issued before March 1, 1995; (d) made for any taxing
2district to pay interest or principal on bonds issued to refund
3or continue to refund bonds issued after March 1, 1995 that
4were approved by referendum; (e) made for any taxing district
5to pay interest or principal on revenue bonds issued before
6March 1, 1995 for payment of which a property tax levy or the
7full faith and credit of the unit of local government is
8pledged; however, a tax for the payment of interest or
9principal on those bonds shall be made only after the governing
10body of the unit of local government finds that all other
11sources for payment are insufficient to make those payments;
12(f) made for payments under a building commission lease when
13the lease payments are for the retirement of bonds issued by
14the commission before March 1, 1995 to pay for the building
15project; (g) made for payments due under installment contracts
16entered into before March 1, 1995; (h) made for payments of
17principal and interest on bonds issued under the Metropolitan
18Water Reclamation District Act to finance construction
19projects initiated before October 1, 1991; (h-4) made for
20stormwater management purposes by the Metropolitan Water
21Reclamation District of Greater Chicago under Section 12 of the
22Metropolitan Water Reclamation District Act; (i) made for
23payments of principal and interest on limited bonds, as defined
24in Section 3 of the Local Government Debt Reform Act, in an
25amount not to exceed the debt service extension base less the
26amount in items (b), (c), and (e) of this definition for

 

 

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1non-referendum obligations, except obligations initially
2issued pursuant to referendum and bonds described in subsection
3(h) of this definition; (j) made for payments of principal and
4interest on bonds issued under Section 15 of the Local
5Government Debt Reform Act; (k) made for payments of principal
6and interest on bonds authorized by Public Act 88-503 and
7issued under Section 20a of the Chicago Park District Act for
8aquarium or museum projects; (l) made for payments of principal
9and interest on bonds authorized by Public Act 87-1191 or
1093-601 and (i) issued pursuant to Section 21.2 of the Cook
11County Forest Preserve District Act, (ii) issued under Section
1242 of the Cook County Forest Preserve District Act for
13zoological park projects, or (iii) issued under Section 44.1 of
14the Cook County Forest Preserve District Act for botanical
15gardens projects; (m) made pursuant to Section 34-53.5 of the
16School Code, whether levied annually or not; (n) made to fund
17expenses of providing joint recreational programs for the
18handicapped under Section 5-8 of the Park District Code or
19Section 11-95-14 of the Illinois Municipal Code; (o) made by
20the Chicago Park District for recreational programs for the
21handicapped under subsection (c) of Section 7.06 of the Chicago
22Park District Act; (p) 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 (q) made by Ford Heights School District 169 under Section

 

 

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117-9.02 of the School Code.
2    "Aggregate extension" for all taxing districts to which
3this Law applies in accordance with Section 18-213, except for
4those taxing districts subject to paragraph (2) of subsection
5(e) of Section 18-213, means the annual corporate extension for
6the taxing district and those special purpose extensions that
7are made annually for the taxing district, excluding special
8purpose extensions: (a) made for the taxing district to pay
9interest or principal on general obligation bonds that were
10approved by referendum; (b) made for any taxing district to pay
11interest or principal on general obligation bonds issued before
12the date on which the referendum making this Law applicable to
13the taxing district is held; (c) made for any taxing district
14to pay interest or principal on bonds issued to refund or
15continue to refund those bonds issued before the date on which
16the referendum making this Law applicable to the taxing
17district is held; (d) made for any taxing district to pay
18interest or principal on bonds issued to refund or continue to
19refund bonds issued after the date on which the referendum
20making this Law applicable to the taxing district is held if
21the bonds were approved by referendum after the date on which
22the referendum making this Law applicable to the taxing
23district is held; (e) made for any taxing district to pay
24interest or principal on revenue bonds issued before the date
25on which the referendum making this Law applicable to the
26taxing district is held for payment of which a property tax

 

 

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

 

 

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1on or after that date); (k) made to fund expenses of providing
2joint recreational programs for the handicapped under Section
35-8 of the Park District Code or Section 11-95-14 of the
4Illinois Municipal Code; (l) made for contributions to a
5firefighter's pension fund created under Article 4 of the
6Illinois Pension Code, to the extent of the amount certified
7under item (5) of Section 4-134 of the Illinois Pension Code;
8and (m) made for the taxing district to pay interest or
9principal on general obligation bonds issued pursuant to
10Section 19-3.10 of the School Code.
11    "Aggregate extension" for all taxing districts to which
12this Law applies in accordance with 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 effective date of this amendatory Act of 1997; (c) made for
21any taxing district to pay interest or principal on bonds
22issued to refund or continue to refund those bonds issued
23before the effective date of this amendatory Act of 1997; (d)
24made for any taxing district to pay interest or principal on
25bonds issued to refund or continue to refund bonds issued after
26the effective date of this amendatory Act of 1997 if the bonds

 

 

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

 

 

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1required to be acquired, constructed, installed or equipped
2pursuant to, contracts entered into before March 1, 1996 (but
3not including any amendments to such a contract taking effect
4on or after that date); (k) made to fund expenses of providing
5joint recreational programs for the handicapped under Section
65-8 of the Park District Code or Section 11-95-14 of the
7Illinois Municipal Code; and (l) made for contributions to a
8firefighter's pension fund created under Article 4 of the
9Illinois Pension Code, to the extent of the amount certified
10under item (5) of Section 4-134 of the Illinois Pension Code.
11    "Debt service extension base" means an amount equal to that
12portion of the extension for a taxing district for the 1994
13levy year, or for those taxing districts subject to this Law in
14accordance with Section 18-213, except for those subject to
15paragraph (2) of subsection (e) of Section 18-213, for the levy
16year in which the referendum making this Law applicable to the
17taxing district is held, or for those taxing districts subject
18to this Law in accordance with paragraph (2) of subsection (e)
19of Section 18-213 for the 1996 levy year, constituting an
20extension for payment of principal and interest on bonds issued
21by the taxing district without referendum, but not including
22excluded non-referendum bonds. For park districts (i) that were
23first subject to this Law in 1991 or 1995 and (ii) whose
24extension for the 1994 levy year for the payment of principal
25and interest on bonds issued by the park district without
26referendum (but not including excluded non-referendum bonds)

 

 

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

 

 

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1unemployment and workers' compensation, self-insurance,
2contributions to pension plans, and extensions made pursuant to
3Section 6-601 of the Illinois Highway Code for a road
4district's permanent road fund whether levied annually or not.
5The extension for a special service area is not included in the
6aggregate extension.
7    "Aggregate extension base" means the taxing district's
8last preceding aggregate extension as adjusted under Sections
918-135, 18-215, and 18-230. An adjustment under Section 18-135
10shall be made for the 2007 levy year and all subsequent levy
11years whenever one or more counties within which a taxing
12district is located (i) used estimated valuations or rates when
13extending taxes in the taxing district for the last preceding
14levy year that resulted in the over or under extension of
15taxes, or (ii) increased or decreased the tax extension for the
16last preceding levy year as required by Section 18-135(c).
17Whenever an adjustment is required under Section 18-135, the
18aggregate extension base of the taxing district shall be equal
19to the amount that the aggregate extension of the taxing
20district would have been for the last preceding levy year if
21either or both (i) actual, rather than estimated, valuations or
22rates had been used to calculate the extension of taxes for the
23last levy year, or (ii) the tax extension for the last
24preceding levy year had not been adjusted as required by
25subsection (c) of Section 18-135.
26    Notwithstanding any other provision of law, for levy year

 

 

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

 

 

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

 

 

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

 

 

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1removal from the redevelopment project area.
2    Except as otherwise provided in this Section, "limiting
3rate" means a fraction the numerator of which is the last
4preceding aggregate extension base times an amount equal to one
5plus the extension limitation defined in this Section and the
6denominator of which is the current year's equalized assessed
7value of all real property in the territory under the
8jurisdiction of the taxing district during the prior levy year.
9For those taxing districts that reduced their aggregate
10extension for the last preceding levy year, the highest
11aggregate extension in any of the last 3 preceding levy years
12shall be used for the purpose of computing the limiting rate.
13The denominator shall not include new property or the recovered
14tax increment value. If a new rate, a rate decrease, or a
15limiting rate increase has been approved at an election held
16after March 21, 2006, then (i) the otherwise applicable
17limiting rate shall be increased by the amount of the new rate
18or shall be reduced by the amount of the rate decrease, as the
19case may be, or (ii) in the case of a limiting rate increase,
20the limiting rate shall be equal to the rate set forth in the
21proposition approved by the voters for each of the years
22specified in the proposition, after which the limiting rate of
23the taxing district shall be calculated as otherwise provided.
24In the case of a taxing district that obtained referendum
25approval for an increased limiting rate on March 20, 2012, the
26limiting rate for tax year 2012 shall be the rate that

 

 

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1generates the approximate total amount of taxes extendable for
2that tax year, as set forth in the proposition approved by the
3voters; this rate shall be the final rate applied by the county
4clerk for the aggregate of all capped funds of the district for
5tax year 2012.
6(Source: P.A. 97-611, eff. 1-1-12; 97-1154, eff. 1-25-13; 98-6,
7eff. 3-29-13; revised 4-8-13.)
 
8    Section 99. Effective date. This Act takes effect upon
9becoming law.".