Illinois General Assembly - Full Text of HB3603
Illinois General Assembly

  Bills & Resolutions  
  Compiled Statutes  
  Public Acts  
  Legislative Reports  
  IL Constitution  
  Legislative Guide  
  Legislative Glossary  

 Search By Number
 (example: HB0001)
Search Tips

Search By Keyword

Full Text of HB3603  102nd General Assembly

HB3603 102ND GENERAL ASSEMBLY

  
  

 


 
102ND GENERAL ASSEMBLY
State of Illinois
2021 and 2022
HB3603

 

Introduced 2/22/2021, by Rep. Mark Batinick

 

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

    Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that the extension limitation is 3.5% (currently, 5%) or the percentage increase in the Consumer Price Index. Provides that the Property Tax Extension Limitation Law applies to all taxing districts, including home rule units.


LRB102 14064 HLH 19416 b

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

 

 

A BILL FOR

 

HB3603LRB102 14064 HLH 19416 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Sections 18-185, 18-205, and 18-212 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 3.5% 5% or
14the percentage 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.
17    "Affected county" means a county of 3,000,000 or more
18inhabitants or a county contiguous to a county of 3,000,000 or
19more inhabitants.
20    "Taxing district" has the same meaning provided in Section
211-150, except as otherwise provided in this Section. For the
221991 through 1994 levy years only, "taxing district" includes
23only each non-home rule taxing district having the majority of

 

 

HB3603- 2 -LRB102 14064 HLH 19416 b

1its 1990 equalized assessed value within any county or
2counties contiguous to a county with 3,000,000 or more
3inhabitants. Beginning with the 1995 levy year, "taxing
4district" includes only each non-home rule taxing district
5subject to this Law before the 1995 levy year and each non-home
6rule taxing district not subject to this Law before the 1995
7levy year having the majority of its 1994 equalized assessed
8value in an affected county or counties. Beginning with the
9levy year in which this Law becomes applicable to a taxing
10district as provided in Section 18-213, "taxing district" also
11includes those taxing districts made subject to this Law as
12provided in Section 18-213. Beginning in levy year 2022,
13"taxing district" means all taxing districts, as defined in
14Section 1-150, including, but not limited to, home rule units.
15This Section is a limitation of the power of home rule units to
16tax in accordance with subsection (g) of Section 6 of Article
17VII of the Illinois Constitution.
18    "Aggregate extension" for taxing districts to which this
19Law applied before the 1995 levy year means the annual
20corporate extension for the taxing district and those special
21purpose extensions that are made annually for the taxing
22district, excluding special purpose extensions: (a) made for
23the taxing district to pay interest or principal on general
24obligation bonds that were approved by referendum; (b) made
25for any taxing district to pay interest or principal on
26general obligation bonds issued before October 1, 1991; (c)

 

 

HB3603- 3 -LRB102 14064 HLH 19416 b

1made for any taxing district to pay interest or principal on
2bonds issued to refund or continue to refund those bonds
3issued before October 1, 1991; (d) made for any taxing
4district to pay interest or principal on bonds issued to
5refund or continue to refund bonds issued after October 1,
61991 that were approved by referendum; (e) made for any taxing
7district to pay interest or principal on revenue bonds issued
8before October 1, 1991 for payment of which a property tax levy
9or the full faith and credit of the unit of local government is
10pledged; however, a tax for the payment of interest or
11principal on those bonds shall be made only after the
12governing body of the unit of local government finds that all
13other 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 October 1, 1991, to pay for the
17building project; (g) made for payments due under installment
18contracts entered into before October 1, 1991; (h) made for
19payments of principal and interest on bonds issued under the
20Metropolitan Water Reclamation District Act to finance
21construction projects initiated before October 1, 1991; (i)
22made for payments of principal and interest on limited bonds,
23as defined in Section 3 of the Local Government Debt Reform
24Act, in an amount not to exceed the debt service extension base
25less the amount in items (b), (c), (e), and (h) of this
26definition for non-referendum obligations, except obligations

 

 

HB3603- 4 -LRB102 14064 HLH 19416 b

1initially issued pursuant to referendum; (j) made for payments
2of principal and interest on bonds issued under Section 15 of
3the Local Government Debt Reform Act; (k) made by a school
4district that participates in the Special Education District
5of Lake County, created by special education joint agreement
6under Section 10-22.31 of the School Code, for payment of the
7school district's share of the amounts required to be
8contributed by the Special Education District of Lake County
9to the Illinois Municipal Retirement Fund under Article 7 of
10the Illinois Pension Code; the amount of any extension under
11this item (k) shall be certified by the school district to the
12county clerk; (l) made to fund expenses of providing joint
13recreational programs for persons with disabilities under
14Section 5-8 of the Park District Code or Section 11-95-14 of
15the Illinois Municipal Code; (m) made for temporary relocation
16loan repayment purposes pursuant to Sections 2-3.77 and
1717-2.2d of the School Code; (n) made for payment of principal
18and interest on any bonds issued under the authority of
19Section 17-2.2d of the School Code; (o) made for contributions
20to a firefighter's pension fund created under Article 4 of the
21Illinois Pension Code, to the extent of the amount certified
22under item (5) of Section 4-134 of the Illinois Pension Code;
23and (p) made for road purposes in the first year after a
24township assumes the rights, powers, duties, assets, property,
25liabilities, obligations, and responsibilities of a road
26district abolished under the provisions of Section 6-133 of

 

 

HB3603- 5 -LRB102 14064 HLH 19416 b

1the Illinois Highway Code.
2    "Aggregate extension" for the taxing districts to which
3this Law did not apply before the 1995 levy year (except taxing
4districts subject to this Law in accordance with Section
518-213) means the annual corporate extension for the taxing
6district and those special purpose extensions that are made
7annually for the taxing district, excluding special purpose
8extensions: (a) made for the taxing district to pay interest
9or principal on general obligation bonds that were approved by
10referendum; (b) made for any taxing district to pay interest
11or principal on general obligation bonds issued before March
121, 1995; (c) made for any taxing district to pay interest or
13principal on bonds issued to refund or continue to refund
14those bonds issued before March 1, 1995; (d) made for any
15taxing district to pay interest or principal on bonds issued
16to refund or continue to refund bonds issued after March 1,
171995 that were approved by referendum; (e) made for any taxing
18district to pay interest or principal on revenue bonds issued
19before March 1, 1995 for payment of which a property tax levy
20or the full faith and credit of the unit of local government is
21pledged; however, a tax for the payment of interest or
22principal on those bonds shall be made only after the
23governing body of the unit of local government finds that all
24other sources for payment are insufficient to make those
25payments; (f) made for payments under a building commission
26lease when the lease payments are for the retirement of bonds

 

 

HB3603- 6 -LRB102 14064 HLH 19416 b

1issued by the commission before March 1, 1995 to pay for the
2building project; (g) made for payments due under installment
3contracts entered into before March 1, 1995; (h) made for
4payments of principal and interest on bonds issued under the
5Metropolitan Water Reclamation District Act to finance
6construction projects initiated before October 1, 1991; (h-4)
7made for stormwater management purposes by the Metropolitan
8Water Reclamation District of Greater Chicago under Section 12
9of the Metropolitan Water Reclamation District Act; (i) made
10for payments of principal and interest on limited bonds, as
11defined in Section 3 of the Local Government Debt Reform Act,
12in an amount not to exceed the debt service extension base less
13the amount in items (b), (c), and (e) of this definition for
14non-referendum obligations, except obligations initially
15issued pursuant to referendum and bonds described in
16subsection (h) of this definition; (j) made for payments of
17principal and interest on bonds issued under Section 15 of the
18Local Government Debt Reform Act; (k) made for payments of
19principal and interest on bonds authorized by Public Act
2088-503 and issued under Section 20a of the Chicago Park
21District Act for aquarium or museum projects; (l) made for
22payments of principal and interest on bonds authorized by
23Public Act 87-1191 or 93-601 and (i) issued pursuant to
24Section 21.2 of the Cook County Forest Preserve District Act,
25(ii) issued under Section 42 of the Cook County Forest
26Preserve District Act for zoological park projects, or (iii)

 

 

HB3603- 7 -LRB102 14064 HLH 19416 b

1issued under Section 44.1 of the Cook County Forest Preserve
2District Act for botanical gardens projects; (m) made pursuant
3to Section 34-53.5 of the School Code, whether levied annually
4or not; (n) made to fund expenses of providing joint
5recreational programs for persons with disabilities under
6Section 5-8 of the Park District Code or Section 11-95-14 of
7the Illinois Municipal Code; (o) made by the Chicago Park
8District for recreational programs for persons with
9disabilities under subsection (c) of Section 7.06 of the
10Chicago Park District Act; (p) made for contributions to a
11firefighter's pension fund created under Article 4 of the
12Illinois Pension Code, to the extent of the amount certified
13under item (5) of Section 4-134 of the Illinois Pension Code;
14(q) made by Ford Heights School District 169 under Section
1517-9.02 of the School Code; and (r) made for the purpose of
16making employer contributions to the Public School Teachers'
17Pension and Retirement Fund of Chicago under Section 34-53 of
18the School Code.
19    "Aggregate extension" for all taxing districts to which
20this Law applies in accordance with Section 18-213, except for
21those taxing districts subject to paragraph (2) of subsection
22(e) of Section 18-213, means the annual corporate extension
23for the taxing district and those special purpose extensions
24that are made annually for the taxing district, excluding
25special purpose extensions: (a) made for the taxing district
26to pay interest or principal on general obligation bonds that

 

 

HB3603- 8 -LRB102 14064 HLH 19416 b

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

 

 

HB3603- 9 -LRB102 14064 HLH 19416 b

1is held to pay for the building project; (g) made for payments
2due under installment contracts entered into before the date
3on which the referendum making this Law applicable to the
4taxing district is held; (h) made for payments of principal
5and interest on limited bonds, as defined in Section 3 of the
6Local Government Debt Reform Act, in an amount not to exceed
7the debt service extension base less the amount in items (b),
8(c), and (e) of this definition for non-referendum
9obligations, except obligations initially issued pursuant to
10referendum; (i) made for payments of principal and interest on
11bonds issued under Section 15 of the Local Government Debt
12Reform Act; (j) made for a qualified airport authority to pay
13interest or principal on general obligation bonds issued for
14the purpose of paying obligations due under, or financing
15airport facilities required to be acquired, constructed,
16installed or equipped pursuant to, contracts entered into
17before March 1, 1996 (but not including any amendments to such
18a contract taking effect on or after that date); (k) made to
19fund expenses of providing joint recreational programs for
20persons with disabilities under Section 5-8 of the Park
21District Code or Section 11-95-14 of the Illinois Municipal
22Code; (l) made for contributions to a firefighter's pension
23fund created under Article 4 of the Illinois Pension Code, to
24the extent of the amount certified under item (5) of Section
254-134 of the Illinois Pension Code; and (m) made for the taxing
26district to pay interest or principal on general obligation

 

 

HB3603- 10 -LRB102 14064 HLH 19416 b

1bonds issued pursuant to Section 19-3.10 of the School Code.
2    "Aggregate extension" for all taxing districts to which
3this Law applies in accordance with paragraph (2) of
4subsection (e) of Section 18-213 or in accordance with this
5amendatory Act of the 102nd General Assembly means the annual
6corporate extension for the taxing district and those special
7purpose extensions that are made annually for the taxing
8district, excluding special purpose extensions: (a) made for
9the taxing district to pay interest or principal on general
10obligation bonds that were approved by referendum; (b) made
11for any taxing district to pay interest or principal on
12general obligation bonds issued before March 7, 1997 (the
13effective date of Public Act 89-718) this amendatory Act of
141997; (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 7, 1997 (the effective date of
17Public Act 89-718) this amendatory Act of 1997; (d) made for
18any taxing district to pay interest or principal on bonds
19issued to refund or continue to refund bonds issued after
20March 7, 1997 (the effective date of Public Act 89-718) this
21amendatory Act of 1997 if the bonds were approved by
22referendum after March 7, 1997 (the effective date of Public
23Act 89-718) this amendatory Act of 1997; (e) made for any
24taxing district to pay interest or principal on revenue bonds
25issued before March 7, 1997 (the effective date of Public Act
2689-718) this amendatory Act of 1997 for payment of which a

 

 

HB3603- 11 -LRB102 14064 HLH 19416 b

1property tax levy or the full faith and credit of the unit of
2local government 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 March 7, 1997 (the effective
9date of Public Act 89-718) this amendatory Act of 1997 to pay
10for the building project; (g) made for payments due under
11installment contracts entered into before March 7, 1997 (the
12effective date of Public Act 89-718) this amendatory Act of
131997; (h) made for payments of principal and interest on
14limited bonds, as defined in Section 3 of the Local Government
15Debt Reform Act, in an amount not to exceed the debt service
16extension base less the amount in items (b), (c), and (e) of
17this 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

 

 

HB3603- 12 -LRB102 14064 HLH 19416 b

1on or after that date); (k) made to fund expenses of providing
2joint recreational programs for persons with disabilities
3under Section 5-8 of the Park District Code or Section
411-95-14 of the Illinois Municipal Code; and (l) made for
5contributions to a firefighter's pension fund created under
6Article 4 of the Illinois Pension Code, to the extent of the
7amount certified under item (5) of Section 4-134 of the
8Illinois 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

 

 

HB3603- 13 -LRB102 14064 HLH 19416 b

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 3.5% 5% or the percentage increase in the Consumer
14Price Index during the 12-month calendar year preceding the
15levy year. The debt service extension base may be established
16or increased 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,

 

 

HB3603- 14 -LRB102 14064 HLH 19416 b

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, and 18-206. An adjustment under
9Section 18-135 shall be made for the 2007 levy year and all
10subsequent levy years whenever one or more counties within
11which a taxing district is located (i) used estimated
12valuations or rates when extending taxes in the taxing
13district for the last preceding levy year that resulted in the
14over or under extension of taxes, or (ii) increased or
15decreased the tax extension for the last preceding levy year
16as required by Section 18-135(c). Whenever an adjustment is
17required under Section 18-135, the aggregate extension base of
18the taxing district shall be equal to the amount that the
19aggregate extension of the taxing district would have been for
20the last preceding levy year if either or both (i) actual,
21rather than estimated, valuations or rates had been used to
22calculate the extension of taxes for the last levy year, or
23(ii) the tax extension for the last preceding levy year had not
24been adjusted as required by subsection (c) of Section 18-135.
25    Notwithstanding any other provision of law, for levy year
262012, the aggregate extension base for West Northfield School

 

 

HB3603- 15 -LRB102 14064 HLH 19416 b

1District No. 31 in Cook County shall be $12,654,592.
2    "Levy year" has the same meaning as "year" under Section
31-155.
4    "New property" means (i) the assessed value, after final
5board of review or board of appeals action, of new
6improvements or additions to existing improvements on any
7parcel of real property that increase the assessed value of
8that real property during the levy year multiplied by the
9equalization factor issued by the Department under Section
1017-30, (ii) the assessed value, after final board of review or
11board of appeals action, of real property not exempt from real
12estate taxation, which real property was exempt from real
13estate taxation for any portion of the immediately preceding
14levy year, multiplied by the equalization factor issued by the
15Department under Section 17-30, including the assessed value,
16upon final stabilization of occupancy after new construction
17is complete, of any real property located within the
18boundaries of an otherwise or previously exempt military
19reservation that is intended for residential use and owned by
20or leased to a private corporation or other entity, (iii) in
21counties that classify in accordance with Section 4 of Article
22IX of the Illinois Constitution, an incentive property's
23additional assessed value resulting from a scheduled increase
24in the level of assessment as applied to the first year final
25board of review market value, and (iv) any increase in
26assessed value due to oil or gas production from an oil or gas

 

 

HB3603- 16 -LRB102 14064 HLH 19416 b

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

 

 

HB3603- 17 -LRB102 14064 HLH 19416 b

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

 

 

HB3603- 18 -LRB102 14064 HLH 19416 b

1property before removal 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
5one plus the extension limitation defined in this Section and
6the denominator of which is the current year's equalized
7assessed value of all real property in the territory under the
8jurisdiction of the taxing district during the prior levy
9year. For those taxing districts that reduced their aggregate
10extension for the last preceding levy year, except for school
11districts that reduced their extension for educational
12purposes pursuant to Section 18-206, the highest aggregate
13extension in any of the last 3 preceding levy years shall be
14used for the purpose of computing the limiting rate. The
15denominator shall not include new property or the recovered
16tax increment value. If a new rate, a rate decrease, or a
17limiting rate increase has been approved at an election held
18after March 21, 2006, then (i) the otherwise applicable
19limiting rate shall be increased by the amount of the new rate
20or shall be reduced by the amount of the rate decrease, as the
21case may be, or (ii) in the case of a limiting rate increase,
22the limiting rate shall be equal to the rate set forth in the
23proposition approved by the voters for each of the years
24specified in the proposition, after which the limiting rate of
25the taxing district shall be calculated as otherwise provided.
26In the case of a taxing district that obtained referendum

 

 

HB3603- 19 -LRB102 14064 HLH 19416 b

1approval for an increased limiting rate on March 20, 2012, the
2limiting rate for tax year 2012 shall be the rate that
3generates the approximate total amount of taxes extendable for
4that tax year, as set forth in the proposition approved by the
5voters; this rate shall be the final rate applied by the county
6clerk for the aggregate of all capped funds of the district for
7tax year 2012.
8    The changes made to this Section by this amendatory Act of
9the 102nd General Assembly apply beginning with levy year
102022.
11(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;
12100-465, eff. 8-31-17; revised 8-12-19.)
 
13    (35 ILCS 200/18-205)
14    Sec. 18-205. Referendum to increase the extension
15limitation. A taxing district is limited to an extension
16limitation of 3.5% 5% or the percentage increase in the
17Consumer Price Index during the 12-month calendar year
18preceding the levy year, whichever is less. A taxing district
19may increase its extension limitation for one or more levy
20years if that taxing district holds a referendum before the
21levy date for the first levy year at which a majority of voters
22voting on the issue approves adoption of a higher extension
23limitation. Referenda shall be conducted at a regularly
24scheduled election in accordance with the Election Code. The
25question shall be presented in substantially the following

 

 

HB3603- 20 -LRB102 14064 HLH 19416 b

1manner for all elections held after March 21, 2006:
2        Shall the extension limitation under the Property Tax
3    Extension Limitation Law for (insert the legal name,
4    number, if any, and county or counties of the taxing
5    district and geographic or other common name by which a
6    school or community college district is known and referred
7    to), Illinois, be increased from the lesser of 3.5% 5% or
8    the percentage increase in the Consumer Price Index over
9    the prior levy year to (insert the percentage of the
10    proposed increase)% per year for (insert each levy year
11    for which the increased extension limitation will apply)?
12The votes must be recorded as "Yes" or "No".
13If a majority of voters voting on the issue approves the
14adoption of the increase, the increase shall be applicable for
15each levy year specified.
16    The ballot for any question submitted pursuant to this
17Section shall have printed thereon, but not as a part of the
18question submitted, only the following supplemental
19information (which shall be supplied to the election authority
20by the taxing district) in substantially the following form:
21        (1) For the (insert the first levy year for which the
22    increased extension limitation will be applicable) levy
23    year the approximate amount of the additional tax
24    extendable against property containing a single family
25    residence and having a fair market value at the time of the
26    referendum of $100,000 is estimated to be $....

 

 

HB3603- 21 -LRB102 14064 HLH 19416 b

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

 

 

HB3603- 22 -LRB102 14064 HLH 19416 b

1purposes of taxation in accordance with Section 4 of Article
2IX of the Illinois Constitution; (ii) the most recent final
3equalization factor certified to the county clerk by the
4Department of Revenue at the time the taxing district
5initiates the submission of the proposition to the electors;
6(iii) the last known aggregate extension base of the taxing
7district at the time the submission of the question is
8initiated by the taxing district; and (iv) the difference
9between the percentage increase proposed in the question and
10the lesser of 3.5% 5% or the percentage increase in the
11Consumer Price Index for the prior levy year (or an estimate of
12the percentage increase for the prior levy year if the
13increase is unavailable at the time the submission of the
14question is initiated by the taxing district); and dividing
15the result by the last known equalized assessed value of the
16taxing district at the time the submission of the question is
17initiated by the taxing district. This amendatory Act of the
1897th General Assembly is intended to clarify the existing
19requirements of this Section, and shall not be construed to
20validate any prior non-compliant referendum language. Any
21notice required to be published in connection with the
22submission of the question shall also contain this
23supplemental information and shall not contain any other
24supplemental information. Any error, miscalculation, or
25inaccuracy in computing any amount set forth on the ballot or
26in the notice that is not deliberate shall not invalidate or

 

 

HB3603- 23 -LRB102 14064 HLH 19416 b

1affect the validity of any proposition approved. Notice of the
2referendum shall be published and posted as otherwise required
3by law, and the submission of the question shall be initiated
4as provided by law.
5    The changes made to this Section by this amendatory Act of
6the 102nd General Assembly apply beginning with levy year
72022.
8(Source: P.A. 97-1087, eff. 8-24-12.)
 
9    (35 ILCS 200/18-212)
10    Sec. 18-212. Referendum on debt service extension base. A
11taxing district may establish or increase its debt service
12extension base if (i) that taxing district holds a referendum
13before the date on which the levy must be filed with the county
14clerk of the county or counties in which the taxing district is
15situated and (ii) a majority of voters voting on the issue
16approves the establishment of or increase in the debt service
17extension base. A debt service extension base established or
18increased by a referendum held pursuant to this Section after
19February 2, 2010, shall be increased each year, commencing
20with the first levy year beginning after the date of the
21referendum, by the lesser of 3.5% 5% or the percentage
22increase in the Consumer Price Index during the 12-month
23calendar year preceding the levy year if the optional language
24concerning the annual increase is included in the question
25submitted to the electors of the taxing district. Referenda

 

 

HB3603- 24 -LRB102 14064 HLH 19416 b

1under this Section shall be conducted at a regularly scheduled
2election in accordance with the Election Code. The governing
3body of the taxing district shall certify the question to the
4proper election authorities who shall submit the question to
5the electors of the taxing district in substantially the
6following form:
7    "Shall the debt service extension base under the Property
8    Tax Extension Limitation Law for ... (taxing district
9    name) ... for payment of principal and interest on limited
10    bonds be .... ((established at $ ....) . (or) (increased
11    from $ .... to $ ....)) .. for the ..... levy year and all
12    subsequent levy years (optional language: , such debt
13    service extension base to be increased each year by the
14    lesser of 3.5% 5% or the percentage increase in the
15    Consumer Price Index during the 12-month calendar year
16    preceding the levy year)?"
17    Votes on the question shall be recorded as "Yes" or "No".
18    If a majority of voters voting on the issue approves the
19establishment of or increase in the debt service extension
20base, the establishment of or increase in the debt service
21extension base shall be applicable for the levy years
22specified.
23    The changes made to this Section by this amendatory Act of
24the 102nd General Assembly apply beginning with levy year
252022.
26(Source: P.A. 96-1202, eff. 7-22-10.)