Illinois General Assembly - Full Text of SB0484
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Full Text of SB0484  100th General Assembly

SB0484sam002 100TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 5/30/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 484

2    AMENDMENT NO. ______. Amend Senate Bill 484 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Sections 18-185, 18-205, 18-213, and 18-214 as follows:
 
6    (35 ILCS 200/18-185)
7    (Text of Section before amendment by P.A. 99-521)
8    Sec. 18-185. Short title; definitions. This Division 5 may
9be cited as the Property Tax Extension Limitation Law. As used
10in this Division 5:
11    "Consumer Price Index" means the Consumer Price Index for
12All Urban Consumers for all items published by the United
13States Department of Labor.
14    "Extension limitation", except as otherwise provided in
15this paragraph, means (a) the lesser of 5% or the percentage
16increase in the Consumer Price Index during the 12-month

 

 

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1calendar year preceding the levy year or (b) the rate of
2increase approved by voters under Section 18-205. For levy
3years 2017 and 2018 only, for school districts other than the
4City of Chicago School District #299 and qualified school
5districts, "extension limitation" means 0% or the rate of
6increase approved by the voters under Section 18-205. For levy
7years 2017 and 2018, if a special purpose extension (i) made
8for the payment of principal and interest on bonds or other
9evidences of indebtedness issued by the taxing district or (ii)
10made for contributions to a pension fund created under the
11Illinois Pension Code was required to be included in a school
12district's aggregate extension for the 2016 levy year, then the
13extension limitation for those extensions for levy years 2017
14and 2018 shall be (1) the lesser of 5% or the percentage
15increase in the Consumer Price Index during the 12-month
16calendar year preceding the levy year or (2) the rate of
17increase approved by voters under Section 18-205. For levy
18years 2017 and 2018, for the City of Chicago School District
19#299 and qualified school districts that were subject to this
20Law in the 2016 levy year, "extension limitation" means (1) the
21lesser of 5% or the percentage increase in the Consumer Price
22Index during the 12-month calendar year preceding the levy year
23or (2) the rate of increase approved by voters under Section
2418-205.
25    "Affected county" means a county of 3,000,000 or more
26inhabitants or a county contiguous to a county of 3,000,000 or

 

 

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1more inhabitants.
2    "Taxing district" has the same meaning provided in Section
31-150, except as otherwise provided in this Section. For the
41991 through 1994 levy years only, "taxing district" includes
5only each non-home rule taxing district having the majority of
6its 1990 equalized assessed value within any county or counties
7contiguous to a county with 3,000,000 or more inhabitants.
8Beginning with the 1995 levy year, "taxing district" includes
9only each non-home rule taxing district subject to this Law
10before the 1995 levy year and each non-home rule taxing
11district not subject to this Law before the 1995 levy year
12having the majority of its 1994 equalized assessed value in an
13affected county or counties. Beginning with the levy year in
14which this Law becomes applicable to a taxing district as
15provided in Section 18-213, "taxing district" also includes
16those taxing districts made subject to this Law as provided in
17Section 18-213. For levy years 2017 and 2018, "taxing district"
18also includes each school district in the State, but does not
19include a qualified school district that was not subject to
20this Law in the 2016 levy year.
21    "Aggregate extension" for taxing districts to which this
22Law applied before the 1995 levy year means, except with
23respect to levy years 2017 and 2018, the annual corporate
24extension for the taxing district and those special purpose
25extensions that are made annually for the taxing district,
26excluding special purpose extensions: (a) made for the taxing

 

 

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1district to pay interest or principal on general obligation
2bonds that were approved by referendum; (b) made for any taxing
3district to pay interest or principal on general obligation
4bonds issued before October 1, 1991; (c) made for any taxing
5district to pay interest or principal on bonds issued to refund
6or continue to refund those bonds issued before October 1,
71991; (d) made for any taxing district to pay interest or
8principal on bonds issued to refund or continue to refund bonds
9issued after October 1, 1991 that were approved by referendum;
10(e) made for any taxing district to pay interest or principal
11on revenue bonds issued before October 1, 1991 for payment of
12which a property tax levy or the full faith and credit of the
13unit of local government is pledged; however, a tax for the
14payment of interest or principal on those bonds shall be made
15only after the governing body of the unit of local government
16finds that all other sources for payment are insufficient to
17make those payments; (f) made for payments under a building
18commission lease when the lease payments are for the retirement
19of bonds issued by the commission before October 1, 1991, to
20pay for the building project; (g) made for payments due under
21installment contracts entered into before October 1, 1991; (h)
22made for payments of principal and interest on bonds issued
23under the Metropolitan Water Reclamation District Act to
24finance construction projects initiated before October 1,
251991; (i) made for payments of principal and interest on
26limited bonds, as defined in Section 3 of the Local Government

 

 

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1Debt Reform Act, in an amount not to exceed the debt service
2extension base less the amount in items (b), (c), (e), and (h)
3of this definition for non-referendum obligations, except
4obligations initially issued pursuant to referendum; (j) made
5for payments of principal and interest on bonds issued under
6Section 15 of the Local Government Debt Reform Act; (k) made by
7a school district that participates in the Special Education
8District of Lake County, created by special education joint
9agreement under Section 10-22.31 of the School Code, for
10payment of the school district's share of the amounts required
11to be contributed by the Special Education District of Lake
12County to the Illinois Municipal Retirement Fund under Article
137 of the Illinois Pension Code; the amount of any extension
14under this item (k) shall be certified by the school district
15to the county clerk; (l) made to fund expenses of providing
16joint recreational programs for persons with disabilities
17under Section 5-8 of the Park District Code or Section 11-95-14
18of the Illinois Municipal Code; (m) made for temporary
19relocation loan repayment purposes pursuant to Sections 2-3.77
20and 17-2.2d of the School Code; (n) made for payment of
21principal and interest on any bonds issued under the authority
22of Section 17-2.2d of the School Code; (o) made for
23contributions to a firefighter's pension fund created under
24Article 4 of the Illinois Pension Code, to the extent of the
25amount certified under item (5) of Section 4-134 of the
26Illinois Pension Code; and (p) made for road purposes in the

 

 

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1first year after a township assumes the rights, powers, duties,
2assets, property, liabilities, obligations, and
3responsibilities of a road district abolished under the
4provisions of Section 6-133 of the Illinois Highway Code. For
5levy years 2017 and 2018, this definition of "aggregate
6extension" applies to each qualified school district that was
7subject to this definition of "aggregate extension" for the
82016 levy year.
9    "Aggregate extension" for the taxing districts to which
10this Law did not apply before the 1995 levy year (except taxing
11districts subject to this Law in accordance with Section
1218-213) means, except with respect to levy years 2017 and 2018,
13the annual corporate extension for the taxing district and
14those special purpose extensions that are made annually for the
15taxing district, excluding special purpose extensions: (a)
16made for the taxing district to pay interest or principal on
17general obligation bonds that were approved by referendum; (b)
18made for any taxing district to pay interest or principal on
19general obligation bonds issued before March 1, 1995; (c) made
20for any taxing district to pay interest or principal on bonds
21issued to refund or continue to refund those bonds issued
22before March 1, 1995; (d) made for any taxing district to pay
23interest or principal on bonds issued to refund or continue to
24refund bonds issued after March 1, 1995 that were approved by
25referendum; (e) made for any taxing district to pay interest or
26principal on revenue bonds issued before March 1, 1995 for

 

 

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

 

 

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1Public Act 88-503 and issued under Section 20a of the Chicago
2Park District Act for aquarium or museum projects; (l) made for
3payments of principal and interest on bonds authorized by
4Public Act 87-1191 or 93-601 and (i) issued pursuant to Section
521.2 of the Cook County Forest Preserve District Act, (ii)
6issued under Section 42 of the Cook County Forest Preserve
7District Act for zoological park projects, or (iii) issued
8under Section 44.1 of the Cook County Forest Preserve District
9Act for botanical gardens projects; (m) made pursuant to
10Section 34-53.5 of the School Code, whether levied annually or
11not; (n) made to fund expenses of providing joint recreational
12programs for persons with disabilities under Section 5-8 of the
13Park District Code or Section 11-95-14 of the Illinois
14Municipal Code; (o) made by the Chicago Park District for
15recreational programs for persons with disabilities under
16subsection (c) of Section 7.06 of the Chicago Park District
17Act; (p) made for contributions to a firefighter's pension fund
18created under Article 4 of the Illinois Pension Code, to the
19extent of the amount certified under item (5) of Section 4-134
20of the Illinois Pension Code; and (q) made by Ford Heights
21School District 169 under Section 17-9.02 of the School Code.
22Notwithstanding the provisions of this amendatory Act of the
23100th General Assembly, for the 2017 and 2018 levy years, this
24definition of "aggregate extension" applies to the City of
25Chicago School District #299 and each qualified school district
26that was subject to this definition of "aggregate extension"

 

 

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1for the 2016 levy year.
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, except with respect to levy years
62017 and 2018, the annual corporate extension for the taxing
7district and those special purpose extensions that are made
8annually for the taxing district, excluding special purpose
9extensions: (a) made for the taxing district to pay interest or
10principal on general obligation bonds that were approved by
11referendum; (b) made for any taxing district to pay interest or
12principal on general obligation bonds issued before the date on
13which the referendum making this Law applicable to the taxing
14district is held; (c) made for any taxing district to pay
15interest or principal on bonds issued to refund or continue to
16refund those bonds issued before the date on which the
17referendum making this Law applicable to the taxing district is
18held; (d) made for any taxing district to pay interest or
19principal on bonds issued to refund or continue to refund bonds
20issued after the date on which the referendum making this Law
21applicable to the taxing district is held if the bonds were
22approved by referendum after the date on which the referendum
23making this Law applicable to the taxing district is held; (e)
24made for any taxing district to pay interest or principal on
25revenue bonds issued before the date on which the referendum
26making this Law applicable to the taxing district is held for

 

 

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

 

 

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1any amendments to such a contract taking effect on or after
2that date); (k) made to fund expenses of providing joint
3recreational programs for persons with disabilities under
4Section 5-8 of the Park District Code or Section 11-95-14 of
5the Illinois Municipal Code; (l) made for contributions to a
6firefighter's pension fund created under Article 4 of the
7Illinois Pension Code, to the extent of the amount certified
8under item (5) of Section 4-134 of the Illinois Pension Code;
9and (m) made for the taxing district to pay interest or
10principal on general obligation bonds issued pursuant to
11Section 19-3.10 of the School Code. For levy years 2017 and
122018, this definition of "aggregate extension" applies to each
13qualified school district that was subject to this definition
14of "aggregate extension" for the 2016 levy year.
15    "Aggregate extension" for all taxing districts to which
16this Law applies in accordance with paragraph (2) of subsection
17(e) of Section 18-213 means, except with respect to levy years
182017 and 2018, 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 the
25effective date of this amendatory Act of 1997; (c) made for any
26taxing district to pay interest or principal on bonds issued to

 

 

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

 

 

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1principal and interest on bonds issued under Section 15 of the
2Local Government Debt Reform Act; (j) made for a qualified
3airport authority to pay interest or principal on general
4obligation bonds issued for the purpose of paying obligations
5due under, or financing airport facilities required to be
6acquired, constructed, installed or equipped pursuant to,
7contracts entered into before March 1, 1996 (but not including
8any amendments to such a contract taking effect on or after
9that date); (k) 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; and (l) made for contributions to
13a firefighter's pension fund created under Article 4 of the
14Illinois Pension Code, to the extent of the amount certified
15under item (5) of Section 4-134 of the Illinois Pension Code.
16For levy years 2017 and 2018, this definition of "aggregate
17extension" applies to each qualified school district that was
18subject to this definition of "aggregate extension" for the
192016 levy year.
20    "Aggregate extension", except with respect to the City of
21Chicago School District #299 or a qualified school district,
22for levy years 2017 and 2018, means the annual corporate
23extension for the taxing district and those special purpose
24extensions that are made annually for the taxing district,
25excluding special purpose extensions: (a) made for the payment
26of principal and interest on bonds or other evidences of

 

 

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1indebtedness issued by the taxing district; or (b) made for
2contributions to a pension fund created under the Illinois
3Pension Code. Notwithstanding the provisions of this
4definition of "aggregate extension", if a special purpose
5extension (i) made for the payment of principal and interest on
6bonds or other evidences of indebtedness issued by the taxing
7district or (ii) made for contributions to a pension fund
8created under the Illinois Pension Code was required to be
9included in a taxing district's aggregate extension for the
102016 levy year, then that special purpose extension is also
11included in the taxing district's aggregate extension for levy
12years 2017 and 2018; provided that the extension limitation for
13those extensions for levy years 2017 and 2018 shall be (1) the
14lesser of 5% or the percentage increase in the Consumer Price
15Index during the 12-month calendar year preceding the levy year
16or (2) the rate of increase approved by voters under Section
1718-205.
18    "Debt service extension base" means an amount equal to that
19portion of the extension for a taxing district for the 1994
20levy year, or for those taxing districts subject to this Law in
21accordance with Section 18-213, except for those subject to
22paragraph (2) of subsection (e) of Section 18-213, for the levy
23year in which the referendum making this Law applicable to the
24taxing district is held, or for those taxing districts subject
25to this Law in accordance with paragraph (2) of subsection (e)
26of Section 18-213 for the 1996 levy year, or for those school

 

 

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1districts that become subject to this Law as a result of this
2amendatory Act of the 100th General Assembly for the 2016 levy
3year, constituting an extension for payment of principal and
4interest on bonds issued by the taxing district without
5referendum, but not including excluded non-referendum bonds.
6For park districts (i) that were first subject to this Law in
71991 or 1995 and (ii) whose extension for the 1994 levy year
8for the payment of principal and interest on bonds issued by
9the park district without referendum (but not including
10excluded non-referendum bonds) was less than 51% of the amount
11for the 1991 levy year constituting an extension for payment of
12principal and interest on bonds issued by the park district
13without referendum (but not including excluded non-referendum
14bonds), "debt service extension base" means an amount equal to
15that portion of the extension for the 1991 levy year
16constituting an extension for payment of principal and interest
17on bonds issued by the park district without referendum (but
18not including excluded non-referendum bonds). A debt service
19extension base established or increased at any time pursuant to
20any provision of this Law, except Section 18-212, shall be
21increased each year commencing with the later of (i) the 2009
22levy year or (ii) the first levy year in which this Law becomes
23applicable to the taxing district, by the lesser of 5% or the
24percentage increase in the Consumer Price Index during the
2512-month calendar year preceding the levy year. The debt
26service extension base may be established or increased as

 

 

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1provided under Section 18-212. "Excluded non-referendum bonds"
2means (i) bonds authorized by Public Act 88-503 and issued
3under Section 20a of the Chicago Park District Act for aquarium
4and museum projects; (ii) bonds issued under Section 15 of the
5Local Government Debt Reform Act; or (iii) refunding
6obligations issued to refund or to continue to refund
7obligations initially issued pursuant to referendum.
8    "Special purpose extensions" include, but are not limited
9to, extensions for levies made on an annual basis for
10unemployment and workers' compensation, self-insurance,
11contributions to pension plans, and extensions made pursuant to
12Section 6-601 of the Illinois Highway Code for a road
13district's permanent road fund whether levied annually or not.
14The extension for a special service area is not included in the
15aggregate extension.
16    "Aggregate extension base" means the taxing district's
17last preceding aggregate extension as adjusted under Sections
1818-135, 18-215, and 18-230. An adjustment under Section 18-135
19shall be made for the 2007 levy year and all subsequent levy
20years whenever one or more counties within which a taxing
21district is located (i) used estimated valuations or rates when
22extending taxes in the taxing district for the last preceding
23levy year that resulted in the over or under extension of
24taxes, or (ii) increased or decreased the tax extension for the
25last preceding levy year as required by Section 18-135(c).
26Whenever an adjustment is required under Section 18-135, the

 

 

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1aggregate extension base of the taxing district shall be equal
2to the amount that the aggregate extension of the taxing
3district would have been for the last preceding levy year if
4either or both (i) actual, rather than estimated, valuations or
5rates had been used to calculate the extension of taxes for the
6last levy year, or (ii) the tax extension for the last
7preceding levy year had not been adjusted as required by
8subsection (c) of Section 18-135.
9    Notwithstanding any other provision of law, for levy year
102012, the aggregate extension base for West Northfield School
11District No. 31 in Cook County shall be $12,654,592.
12    "Levy year" has the same meaning as "year" under Section
131-155.
14    "New property" means (i) the assessed value, after final
15board of review or board of appeals action, of new improvements
16or additions to existing improvements on any parcel of real
17property that increase the assessed value of that real property
18during the levy year multiplied by the equalization factor
19issued by the Department under Section 17-30, (ii) the assessed
20value, after final board of review or board of appeals action,
21of real property not exempt from real estate taxation, which
22real property was exempt from real estate taxation for any
23portion of the immediately preceding levy year, multiplied by
24the equalization factor issued by the Department under Section
2517-30, including the assessed value, upon final stabilization
26of occupancy after new construction is complete, of any real

 

 

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

 

 

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

 

 

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1under the Tax Increment Allocation Development Act in the
2Illinois Municipal Code, the Industrial Jobs Recovery Law in
3the Illinois Municipal Code, or the Economic Development Area
4Tax Increment Allocation Act, "recovered tax increment value"
5means the amount of the current year's equalized assessed value
6of each taxable lot, block, tract, or parcel of real property
7removed from the redevelopment project area over and above the
8initial equalized assessed value of that real property before
9removal from the redevelopment project area.
10    Except as otherwise provided in this Section, "limiting
11rate" means a fraction the numerator of which is the last
12preceding aggregate extension base times an amount equal to one
13plus the extension limitation defined in this Section and the
14denominator of which is the current year's equalized assessed
15value of all real property in the territory under the
16jurisdiction of the taxing district during the prior levy year.
17For those taxing districts that reduced their aggregate
18extension for the last preceding levy year, the highest
19aggregate extension in any of the last 3 preceding levy years
20shall be used for the purpose of computing the limiting rate.
21The denominator shall not include new property or the recovered
22tax increment value. If a new rate, a rate decrease, or a
23limiting rate increase has been approved at an election held
24after March 21, 2006, then (i) the otherwise applicable
25limiting rate shall be increased by the amount of the new rate
26or shall be reduced by the amount of the rate decrease, as the

 

 

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1case may be, or (ii) in the case of a limiting rate increase,
2the limiting rate shall be equal to the rate set forth in the
3proposition approved by the voters for each of the years
4specified in the proposition, after which the limiting rate of
5the taxing district shall be calculated as otherwise provided.
6In the case of a taxing district that obtained referendum
7approval for an increased limiting rate on March 20, 2012, the
8limiting rate for tax year 2012 shall be the rate that
9generates the approximate total amount of taxes extendable for
10that tax year, as set forth in the proposition approved by the
11voters; this rate shall be the final rate applied by the county
12clerk for the aggregate of all capped funds of the district for
13tax year 2012.
14    "Qualified school district" means, for levy years 2017 and
152018, a school district that has been granted a financial
16hardship exemption from this amendatory Act of the 100th
17General Assembly by the State Superintendent of Education; to
18be eligible for such an exemption, one or more of the following
19criteria must apply:
20        (1) the district meets the conditions described in
21    subsection (a) of Section 1A-8 of the School Code or in
22    paragraph (3) or (5) of subsection (b) of Section 1A-8 of
23    the School Code; to determine if a school district meets
24    this criteria, the State Superintendent of Education may
25    require a school district, including any district subject
26    to Article 34A of this Code, to share financial information

 

 

10000SB0484sam002- 22 -LRB100 05148 HLH 27189 a

1    relevant to a proper investigation of the district's
2    financial condition;
3        (2) the equalized assessed valuation used in
4    calculating the district's general State aid claim under
5    Section 18-8.05 of the School Code, or the district's
6    evidence-based funding claim under Section 18-8.15 of the
7    School Code, as applicable, for the year in which the
8    district is applying has decreased by 10% or more compared
9    to equalized assessed valuation used for such calculations
10    in the previous school year;
11        (3) the average daily attendance used in calculating
12    the district's general State aid claim, under Section
13    18-8.05 of the School Code, or the district's
14    evidence-based funding claim under Section 18-8.15 of the
15    School Code, as applicable, for the year in which the
16    district is applying has decreased by 5% or more compared
17    to the average daily attendance used for such calculations
18    in the previous school year;
19        (4) fifty percent or more of the pupils enrolled in the
20    district qualify for free or reduced lunch;
21        (5) twenty percent or more of the pupils enrolled in
22    the district have an individualized education plan (IEP);
23        (6) the district is a Tier 1 district, as defined in
24    subparagraph (A) of subsection (g) of Section 18-8.15 of
25    the School Code; OR
26        (7) the district has been designated, through the State

 

 

10000SB0484sam002- 23 -LRB100 05148 HLH 27189 a

1    Board of Education's School District Financial Profile
2    System, as on financial watch status for fiscal year 2016.
3    After independently verifying that a district meets one or
4more of the criteria set forth in items (1) through (7), the
5State Superintendent shall notify the appropriate taxing
6authorities that the district is to be exempt from the
7provisions of this amendatory Act of the 100th General Assembly
8for the next appropriate levy year. The exemption shall be for
9a period of one levy year. School districts may reapply on an
10annual basis to be exempt from the provisions of this
11amendatory Act of the 100th General Assembly.
12(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,
13eff. 7-27-15.)
 
14    (Text of Section after amendment by P.A. 99-521)
15    Sec. 18-185. Short title; definitions. This Division 5 may
16be cited as the Property Tax Extension Limitation Law. As used
17in this Division 5:
18    "Consumer Price Index" means the Consumer Price Index for
19All Urban Consumers for all items published by the United
20States Department of Labor.
21    "Extension limitation", except as otherwise provided in
22this paragraph, means (a) the lesser of 5% or the percentage
23increase in the Consumer Price Index during the 12-month
24calendar year preceding the levy year or (b) the rate of
25increase approved by voters under Section 18-205. For levy

 

 

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1years 2017 and 2018 only, for school districts other than the
2City of Chicago School District #299 and qualified school
3districts, "extension limitation" means 0% or the rate of
4increase approved by the voters under Section 18-205. For levy
5years 2017 and 2018, if a special purpose extension (i) made
6for the payment of principal and interest on bonds or other
7evidences of indebtedness issued by the taxing district or (ii)
8made for contributions to a pension fund created under the
9Illinois Pension Code was required to be included in a school
10district's aggregate extension for the 2016 levy year, then the
11extension limitation for those extensions for levy years 2017
12and 2018 shall be (1) the lesser of 5% or the percentage
13increase in the Consumer Price Index during the 12-month
14calendar year preceding the levy year or (2) the rate of
15increase approved by voters under Section 18-205. For levy
16years 2017 and 2018, for the City of Chicago School District
17#299 and qualified school districts that were subject to this
18Law in the 2016 levy year, "extension limitation" means (1) the
19lesser of 5% or the percentage increase in the Consumer Price
20Index during the 12-month calendar year preceding the levy year
21or (2) the rate of increase approved by voters under Section
2218-205.
23    "Affected county" means a county of 3,000,000 or more
24inhabitants or a county contiguous to a county of 3,000,000 or
25more inhabitants.
26    "Taxing district" has the same meaning provided in Section

 

 

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11-150, except as otherwise provided in this Section. For the
21991 through 1994 levy years only, "taxing district" includes
3only each non-home rule taxing district having the majority of
4its 1990 equalized assessed value within any county or counties
5contiguous to a county with 3,000,000 or more inhabitants.
6Beginning with the 1995 levy year, "taxing district" includes
7only each non-home rule taxing district subject to this Law
8before the 1995 levy year and each non-home rule taxing
9district not subject to this Law before the 1995 levy year
10having the majority of its 1994 equalized assessed value in an
11affected county or counties. Beginning with the levy year in
12which this Law becomes applicable to a taxing district as
13provided in Section 18-213, "taxing district" also includes
14those taxing districts made subject to this Law as provided in
15Section 18-213. For levy years 2017 and 2018, "taxing district"
16also includes each school district in the State, but does not
17include a qualified school district that was not subject to
18this Law in the 2016 levy year.
19    "Aggregate extension" for taxing districts to which this
20Law applied before the 1995 levy year means, except with
21respect to levy years 2017 and 2018, the annual corporate
22extension for the taxing district and those special purpose
23extensions that are made annually for the taxing district,
24excluding special purpose extensions: (a) made for the taxing
25district to pay interest or principal on general obligation
26bonds that were approved by referendum; (b) made for any taxing

 

 

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1district to pay interest or principal on general obligation
2bonds issued before October 1, 1991; (c) made for any taxing
3district to pay interest or principal on bonds issued to refund
4or continue to refund those bonds issued before October 1,
51991; (d) made for any taxing district to pay interest or
6principal on bonds issued to refund or continue to refund bonds
7issued after October 1, 1991 that were approved by referendum;
8(e) made for any taxing district to pay interest or principal
9on revenue bonds issued before October 1, 1991 for payment of
10which a property tax levy or the full faith and credit of the
11unit of local government is pledged; however, a tax for the
12payment of interest or principal on those bonds shall be made
13only after the governing body of the unit of local government
14finds that all other sources for payment are insufficient to
15make those payments; (f) made for payments under a building
16commission lease when the lease payments are for the retirement
17of bonds issued by the commission before October 1, 1991, to
18pay for the building project; (g) made for payments due under
19installment contracts entered into before October 1, 1991; (h)
20made for payments of principal and interest on bonds issued
21under the Metropolitan Water Reclamation District Act to
22finance construction projects initiated before October 1,
231991; (i) made for payments of principal and interest on
24limited bonds, as defined in Section 3 of the Local Government
25Debt Reform Act, in an amount not to exceed the debt service
26extension base less the amount in items (b), (c), (e), and (h)

 

 

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

 

 

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1responsibilities of a road district abolished under the
2provisions of Section 6-133 of the Illinois Highway Code. For
3levy years 2017 and 2018, this definition of "aggregate
4extension" applies to each qualified school district that was
5subject to this definition of "aggregate extension" for the
62016 levy year.
7    "Aggregate extension" for the taxing districts to which
8this Law did not apply before the 1995 levy year (except taxing
9districts subject to this Law in accordance with Section
1018-213) means, except with respect to levy years 2017 and 2018,
11the annual corporate extension for the taxing district and
12those special purpose extensions that are made annually for the
13taxing district, excluding special purpose extensions: (a)
14made for the taxing district to pay interest or principal on
15general obligation bonds that were approved by referendum; (b)
16made for any taxing district to pay interest or principal on
17general obligation bonds issued before March 1, 1995; (c) made
18for any taxing district to pay interest or principal on bonds
19issued to refund or continue to refund those bonds issued
20before March 1, 1995; (d) made for any taxing district to pay
21interest or principal on bonds issued to refund or continue to
22refund bonds issued after March 1, 1995 that were approved by
23referendum; (e) made for any taxing district to pay interest or
24principal on revenue bonds issued before March 1, 1995 for
25payment of which a property tax levy or the full faith and
26credit of the unit of local government is pledged; however, a

 

 

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

 

 

10000SB0484sam002- 30 -LRB100 05148 HLH 27189 a

1payments of principal and interest on bonds authorized by
2Public Act 87-1191 or 93-601 and (i) issued pursuant to Section
321.2 of the Cook County Forest Preserve District Act, (ii)
4issued under Section 42 of the Cook County Forest Preserve
5District Act for zoological park projects, or (iii) issued
6under Section 44.1 of the Cook County Forest Preserve District
7Act for botanical gardens projects; (m) made pursuant to
8Section 34-53.5 of the School Code, whether levied annually or
9not; (n) made to fund expenses of providing joint recreational
10programs for persons with disabilities under Section 5-8 of the
11Park District Code or Section 11-95-14 of the Illinois
12Municipal Code; (o) made by the Chicago Park District for
13recreational programs for persons with disabilities under
14subsection (c) of Section 7.06 of the Chicago Park District
15Act; (p) made for contributions to a firefighter's pension fund
16created under Article 4 of the Illinois Pension Code, to the
17extent of the amount certified under item (5) of Section 4-134
18of the Illinois Pension Code; (q) made by Ford Heights School
19District 169 under Section 17-9.02 of the School Code; and (r)
20made for the purpose of making employer contributions to the
21Public School Teachers' Pension and Retirement Fund of Chicago
22under Section 34-53 of the School Code. Notwithstanding the
23provisions of this amendatory Act of the 100th General
24Assembly, for levy years 2017 and 2018, this definition of
25"aggregate extension" applies to the City of Chicago School
26District #299 and each qualified school district that was

 

 

10000SB0484sam002- 31 -LRB100 05148 HLH 27189 a

1subject to this definition of "aggregate extension" for the
22016 levy year.
3    "Aggregate extension" for all taxing districts to which
4this Law applies in accordance with Section 18-213, except for
5those taxing districts subject to paragraph (2) of subsection
6(e) of Section 18-213, means, except with respect to levy years
72017 and 2018, 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 or
11principal on general obligation bonds that were approved by
12referendum; (b) made for any taxing district to pay interest or
13principal on general obligation bonds issued before the date on
14which the referendum making this Law applicable to the taxing
15district is held; (c) made for any taxing district to pay
16interest or principal on bonds issued to refund or continue to
17refund those bonds issued before the date on which the
18referendum making this Law applicable to the taxing district is
19held; (d) made for any taxing district to pay interest or
20principal on bonds issued to refund or continue to refund bonds
21issued after the date on which the referendum making this Law
22applicable to the taxing district is held if the bonds were
23approved by referendum after the date on which the referendum
24making this Law applicable to the taxing district is held; (e)
25made for any taxing district to pay interest or principal on
26revenue bonds issued before the date on which the referendum

 

 

10000SB0484sam002- 32 -LRB100 05148 HLH 27189 a

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

 

 

10000SB0484sam002- 33 -LRB100 05148 HLH 27189 a

1contracts entered into before March 1, 1996 (but not including
2any amendments to such a contract taking effect on or after
3that date); (k) made to fund expenses of providing joint
4recreational programs for persons with disabilities under
5Section 5-8 of the Park District Code or Section 11-95-14 of
6the Illinois Municipal Code; (l) made for contributions to a
7firefighter's pension fund created under Article 4 of the
8Illinois Pension Code, to the extent of the amount certified
9under item (5) of Section 4-134 of the Illinois Pension Code;
10and (m) made for the taxing district to pay interest or
11principal on general obligation bonds issued pursuant to
12Section 19-3.10 of the School Code. For levy years 2017 and
132018, this definition of "aggregate extension" applies to each
14qualified school district that was subject to this definition
15of "aggregate extension" for the 2016 levy year.
16    "Aggregate extension" for all taxing districts to which
17this Law applies in accordance with paragraph (2) of subsection
18(e) of Section 18-213 means, except with respect to levy years
192017 and 2018, the annual corporate extension for the taxing
20district and those special purpose extensions that are made
21annually for the taxing district, excluding special purpose
22extensions: (a) made for the taxing district to pay interest or
23principal on general obligation bonds that were approved by
24referendum; (b) made for any taxing district to pay interest or
25principal on general obligation bonds issued before the
26effective date of this amendatory Act of 1997; (c) made for any

 

 

10000SB0484sam002- 34 -LRB100 05148 HLH 27189 a

1taxing district to pay interest or principal on bonds issued to
2refund or continue to refund those bonds issued before the
3effective date of this amendatory Act of 1997; (d) made for any
4taxing district to pay interest or principal on bonds issued to
5refund or continue to refund bonds issued after the effective
6date of this amendatory Act of 1997 if the bonds were approved
7by referendum after the effective date of this amendatory Act
8of 1997; (e) made for any taxing district to pay interest or
9principal on revenue bonds issued before the effective date of
10this amendatory Act of 1997 for payment of which a property tax
11levy or the full faith and credit of the unit of local
12government is pledged; however, a tax for the payment of
13interest or principal on those bonds shall be made only after
14the governing body of the unit of local government finds that
15all other 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 the effective date of this
19amendatory Act of 1997 to pay for the building project; (g)
20made for payments due under installment contracts entered into
21before the effective date of this amendatory Act of 1997; (h)
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), and (e) of this definition
26for non-referendum obligations, except obligations initially

 

 

10000SB0484sam002- 35 -LRB100 05148 HLH 27189 a

1issued pursuant to referendum; (i) made for payments of
2principal and interest on bonds issued under Section 15 of the
3Local Government Debt Reform Act; (j) made for a qualified
4airport authority to pay interest or principal on general
5obligation bonds issued for the purpose of paying obligations
6due under, or financing airport facilities required to be
7acquired, constructed, installed or equipped pursuant to,
8contracts entered into before March 1, 1996 (but not including
9any amendments to such a contract taking effect on or after
10that date); (k) made to fund expenses of providing joint
11recreational programs for persons with disabilities under
12Section 5-8 of the Park District Code or Section 11-95-14 of
13the Illinois Municipal Code; and (l) made for contributions to
14a firefighter's pension fund created under Article 4 of the
15Illinois Pension Code, to the extent of the amount certified
16under item (5) of Section 4-134 of the Illinois Pension Code.
17For levy years 2017 and 2018, this definition of "aggregate
18extension" applies to each qualified school district that was
19subject to this definition of "aggregate extension" for the
202016 levy year.
21    "Aggregate extension", except with respect to the City of
22Chicago School District #299 or a qualified school district,
23for levy years 2017 and 2018, means the annual corporate
24extension for the taxing district and those special purpose
25extensions that are made annually for the taxing district,
26excluding special purpose extensions: (a) made for the payment

 

 

10000SB0484sam002- 36 -LRB100 05148 HLH 27189 a

1of principal and interest on bonds or other evidences of
2indebtedness issued by the taxing district; or (b) made for
3contributions to a pension fund created under the Illinois
4Pension Code. Notwithstanding the provisions of this
5definition of "aggregate extension", if a special purpose
6extension (i) made for the payment of principal and interest on
7bonds or other evidences of indebtedness issued by the taxing
8district or (ii) made for contributions to a pension fund
9created under the Illinois Pension Code was required to be
10included in a taxing district's aggregate extension for the
112016 levy year, then that special purpose extension is also
12included in the taxing district's aggregate extension for levy
13years 2017 and 2018; provided that the extension limitation for
14those extensions for levy years 2017 and 2018 shall be (1) the
15lesser of 5% or the percentage increase in the Consumer Price
16Index during the 12-month calendar year preceding the levy year
17or (2) the rate of increase approved by voters under Section
1818-205.
19    "Debt service extension base" means an amount equal to that
20portion of the extension for a taxing district for the 1994
21levy year, or for those taxing districts subject to this Law in
22accordance with Section 18-213, except for those subject to
23paragraph (2) of subsection (e) of Section 18-213, for the levy
24year in which the referendum making this Law applicable to the
25taxing district is held, or for those taxing districts subject
26to this Law in accordance with paragraph (2) of subsection (e)

 

 

10000SB0484sam002- 37 -LRB100 05148 HLH 27189 a

1of Section 18-213 for the 1996 levy year, or for those taxing
2districts that become subject to this Law as a result of this
3amendatory Act of the 100th General Assembly for the 2016 levy
4year, constituting an extension for payment of principal and
5interest on bonds issued by the taxing district without
6referendum, but not including excluded non-referendum bonds.
7For park districts (i) that were first subject to this Law in
81991 or 1995 and (ii) whose extension for the 1994 levy year
9for the payment of principal and interest on bonds issued by
10the park district without referendum (but not including
11excluded non-referendum bonds) was less than 51% of the amount
12for the 1991 levy year constituting an extension for payment of
13principal and interest on bonds issued by the park district
14without referendum (but not including excluded non-referendum
15bonds), "debt service extension base" means an amount equal to
16that portion of the extension for the 1991 levy year
17constituting an extension for payment of principal and interest
18on bonds issued by the park district without referendum (but
19not including excluded non-referendum bonds). A debt service
20extension base established or increased at any time pursuant to
21any provision of this Law, except Section 18-212, shall be
22increased each year commencing with the later of (i) the 2009
23levy year or (ii) the first levy year in which this Law becomes
24applicable to the taxing district, by the lesser of 5% or the
25percentage increase in the Consumer Price Index during the
2612-month calendar year preceding the levy year. The debt

 

 

10000SB0484sam002- 38 -LRB100 05148 HLH 27189 a

1service extension base may be established or increased as
2provided under Section 18-212. "Excluded non-referendum bonds"
3means (i) bonds authorized by Public Act 88-503 and issued
4under Section 20a of the Chicago Park District Act for aquarium
5and museum projects; (ii) bonds issued under Section 15 of the
6Local Government Debt Reform Act; or (iii) refunding
7obligations issued to refund or to continue to refund
8obligations initially issued pursuant to referendum.
9    "Special purpose extensions" include, but are not limited
10to, extensions for levies made on an annual basis for
11unemployment and workers' compensation, self-insurance,
12contributions to pension plans, and extensions made pursuant to
13Section 6-601 of the Illinois Highway Code for a road
14district's permanent road fund whether levied annually or not.
15The extension for a special service area is not included in the
16aggregate extension.
17    "Aggregate extension base" means the taxing district's
18last preceding aggregate extension as adjusted under Sections
1918-135, 18-215, and 18-230. An adjustment under Section 18-135
20shall be made for the 2007 levy year and all subsequent levy
21years whenever one or more counties within which a taxing
22district is located (i) used estimated valuations or rates when
23extending taxes in the taxing district for the last preceding
24levy year that resulted in the over or under extension of
25taxes, or (ii) increased or decreased the tax extension for the
26last preceding levy year as required by Section 18-135(c).

 

 

10000SB0484sam002- 39 -LRB100 05148 HLH 27189 a

1Whenever an adjustment is required under Section 18-135, the
2aggregate extension base of the taxing district shall be equal
3to the amount that the aggregate extension of the taxing
4district would have been for the last preceding levy year if
5either or both (i) actual, rather than estimated, valuations or
6rates had been used to calculate the extension of taxes for the
7last levy year, or (ii) the tax extension for the last
8preceding levy year had not been adjusted as required by
9subsection (c) of Section 18-135.
10    Notwithstanding any other provision of law, for levy year
112012, the aggregate extension base for West Northfield School
12District No. 31 in Cook County shall be $12,654,592.
13    "Levy year" has the same meaning as "year" under Section
141-155.
15    "New property" means (i) the assessed value, after final
16board of review or board of appeals action, of new improvements
17or additions to existing improvements on any parcel of real
18property that increase the assessed value of that real property
19during the levy year multiplied by the equalization factor
20issued by the Department under Section 17-30, (ii) the assessed
21value, after final board of review or board of appeals action,
22of real property not exempt from real estate taxation, which
23real property was exempt from real estate taxation for any
24portion of the immediately preceding levy year, multiplied by
25the equalization factor issued by the Department under Section
2617-30, including the assessed value, upon final stabilization

 

 

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

 

 

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

 

 

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1real property from a redevelopment project area established
2under the Tax Increment Allocation Development Act in the
3Illinois Municipal Code, the Industrial Jobs Recovery Law in
4the Illinois Municipal Code, or the Economic Development Area
5Tax Increment Allocation Act, "recovered tax increment value"
6means the amount of the current year's equalized assessed value
7of each taxable lot, block, tract, or parcel of real property
8removed from the redevelopment project area over and above the
9initial equalized assessed value of that real property before
10removal from the redevelopment project area.
11    Except as otherwise provided in this Section, "limiting
12rate" means a fraction the numerator of which is the last
13preceding aggregate extension base times an amount equal to one
14plus the extension limitation defined in this Section and the
15denominator of which is the current year's equalized assessed
16value of all real property in the territory under the
17jurisdiction of the taxing district during the prior levy year.
18For those taxing districts that reduced their aggregate
19extension for the last preceding levy year, the highest
20aggregate extension in any of the last 3 preceding levy years
21shall be used for the purpose of computing the limiting rate.
22The denominator shall not include new property or the recovered
23tax increment value. If a new rate, a rate decrease, or a
24limiting rate increase has been approved at an election held
25after March 21, 2006, then (i) the otherwise applicable
26limiting rate shall be increased by the amount of the new rate

 

 

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1or shall be reduced by the amount of the rate decrease, as the
2case may be, or (ii) in the case of a limiting rate increase,
3the limiting rate shall be equal to the rate set forth in the
4proposition approved by the voters for each of the years
5specified in the proposition, after which the limiting rate of
6the taxing district shall be calculated as otherwise provided.
7In the case of a taxing district that obtained referendum
8approval for an increased limiting rate on March 20, 2012, the
9limiting rate for tax year 2012 shall be the rate that
10generates the approximate total amount of taxes extendable for
11that tax year, as set forth in the proposition approved by the
12voters; this rate shall be the final rate applied by the county
13clerk for the aggregate of all capped funds of the district for
14tax year 2012.
15    "Qualified school district" means, for levy years 2017 and
162018, a school district that has been granted a financial
17hardship exemption from this amendatory Act of the 100th
18General Assembly by the State Superintendent of Education; to
19be eligible for such an exemption, one or more of the following
20criteria must apply:
21        (1) the district meets the conditions described in
22    subsection (a) of Section 1A-8 of the School Code or in
23    paragraph (3) or (5) of subsection (b) of Section 1A-8 of
24    the School Code; to determine if a school district meets
25    this criteria, the State Superintendent of Education may
26    require a school district, including any district subject

 

 

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1    to Article 34A of this Code, to share financial information
2    relevant to a proper investigation of the district's
3    financial condition;
4        (2) the equalized assessed valuation used in
5    calculating the district's general State aid claim under
6    Section 18-8.05 of the School Code, or the district's
7    evidence-based funding claim under Section 18-8.15 of the
8    School Code, as applicable, for the year in which the
9    district is applying has decreased by 10% or more compared
10    to equalized assessed valuation used for such calculations
11    in the previous school year;
12        (3) the average daily attendance used in calculating
13    the district's general State aid claim, under Section
14    18-8.05 of the School Code, or the district's
15    evidence-based funding claim under Section 18-8.15 of the
16    School Code, as applicable, for the year in which the
17    district is applying has decreased by 5% or more compared
18    to the average daily attendance used for such calculations
19    in the previous school year;
20        (4) fifty percent or more of the pupils enrolled in the
21    district qualify for free or reduced lunch;
22        (5) twenty percent or more of the pupils enrolled in
23    the district have an individualized education plan (IEP);
24        (6) the district is a Tier 1 district, as defined in
25    subparagraph (A) of subsection (g) of Section 18-8.15 of
26    the School Code; or

 

 

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1        (7) the district has been designated, through the State
2    Board of Education's School District Financial Profile
3    System, as on financial watch status for fiscal year 2016.
4    After independently verifying that a district meets one or
5more of the criteria set forth in items (1) through (7), the
6State Superintendent shall notify the appropriate taxing
7authorities that the district is to be exempt from the
8provisions of this amendatory Act of the 100th General Assembly
9for the next appropriate levy year. The exemption shall be for
10a period of one levy year. School districts may reapply on an
11annual basis to be exempt from the provisions of this
12amendatory Act of the 100th General Assembly.
13(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,
14eff. 7-27-15; 99-521, eff. 6-1-17.)
 
15    (35 ILCS 200/18-205)
16    Sec. 18-205. Referendum to increase the extension
17limitation.
18    (a) A taxing district is limited to an extension limitation
19as defined in Section 18-185 of 5% or the percentage increase
20in the Consumer Price Index during the 12-month calendar year
21preceding the levy year, whichever is less. A taxing district
22may increase its extension limitation for one or more levy
23years if that taxing district holds a referendum before the
24levy date for the first levy year at which a majority of voters
25voting on the issue approves adoption of a higher extension

 

 

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1limitation. Referenda shall be conducted at a regularly
2scheduled election in accordance with the Election Code.
3    (b) The question shall be presented in substantially the
4following manner for all elections held after March 21, 2006:
5        Shall the extension limitation under the Property Tax
6    Extension Limitation Law for (insert the legal name,
7    number, if any, and county or counties of the taxing
8    district and geographic or other common name by which a
9    school or community college district is known and referred
10    to), Illinois, be increased from (applicable extension
11    limitation set forth in Section 18-185) the lesser of 5% or
12    the percentage increase in the Consumer Price Index over
13    the prior levy year to (insert the percentage of the
14    proposed increase)% per year for (insert each levy year for
15    which the increased extension limitation will apply)?
16    (c) The votes must be recorded as "Yes" or "No".
17If a majority of voters voting on the issue approves the
18adoption of the increase, the increase shall be applicable for
19each levy year specified.
20    (d) The ballot for any question submitted pursuant to this
21Section shall have printed thereon, but not as a part of the
22question submitted, only the following supplemental
23information (which shall be supplied to the election authority
24by the taxing district) in substantially the following form:
25        (1) For the (insert the first levy year for which the
26    increased extension limitation will be applicable) levy

 

 

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

 

 

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

 

 

10000SB0484sam002- 49 -LRB100 05148 HLH 27189 a

1supplemental information and shall not contain any other
2supplemental information. Any error, miscalculation, or
3inaccuracy in computing any amount set forth on the ballot or
4in the notice that is not deliberate shall not invalidate or
5affect the validity of any proposition approved. Notice of the
6referendum shall be published and posted as otherwise required
7by law, and the submission of the question shall be initiated
8as provided by law.
9(Source: P.A. 97-1087, eff. 8-24-12.)
 
10    (35 ILCS 200/18-213)
11    Sec. 18-213. Referenda on applicability of the Property Tax
12Extension Limitation Law.
13    (a) The provisions of this Section do not apply to a taxing
14district subject to this Law because a majority of its 1990
15equalized assessed value is in a county or counties contiguous
16to a county of 3,000,000 or more inhabitants, or because a
17majority of its 1994 equalized assessed value is in an affected
18county and the taxing district was not subject to this Law
19before the 1995 levy year.
20    (b) The county board of a county that is not subject to
21this Law may, by ordinance or resolution, submit to the voters
22of the county the question of whether to make all non-home rule
23taxing districts that have all or a portion of their equalized
24assessed valuation situated in the county subject to this Law
25in the manner set forth in this Section.

 

 

10000SB0484sam002- 50 -LRB100 05148 HLH 27189 a

1    For purposes of this Section only:
2    "Taxing district" has the same meaning provided in Section
31-150.
4    "Equalized assessed valuation" means the equalized
5assessed valuation for a taxing district for the immediately
6preceding levy year.
7    (c) The ordinance or resolution shall request the
8submission of the proposition at any election, except a
9consolidated primary election, for the purpose of voting for or
10against making the Property Tax Extension Limitation Law
11applicable to all non-home rule taxing districts that have all
12or a portion of their equalized assessed valuation situated in
13the county.
14    The question shall be placed on a separate ballot and shall
15be in substantially the following form:
16        Shall the Property Tax Extension Limitation Law (35
17    ILCS 200/18-185 through 18-245), which limits annual
18    property tax extension increases, apply to non-home rule
19    taxing districts with all or a portion of their equalized
20    assessed valuation located in (name of county)?
21Votes on the question shall be recorded as "yes" or "no".
22    (d) The county clerk shall order the proposition submitted
23to the electors of the county at the election specified in the
24ordinance or resolution. If part of the county is under the
25jurisdiction of a board or boards of election commissioners,
26the county clerk shall submit a certified copy of the ordinance

 

 

10000SB0484sam002- 51 -LRB100 05148 HLH 27189 a

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

 

 

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

 

 

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

 

 

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1of Revenue shall notify the taxing district and the county
2clerks of all of the counties in which a portion of the
3equalized assessed valuation of the taxing district is located
4that, beginning January 1, 1997, the taxing district is subject
5to this Law.
6    (g) Referenda held under this Section shall be conducted in
7accordance with the Election Code.
8    (h) Notwithstanding any other provision of law, no
9referenda may be held under this Section with respect to levy
10years 2017 and 2018.
11(Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
 
12    (35 ILCS 200/18-214)
13    Sec. 18-214. Referenda on removal of the applicability of
14the Property Tax Extension Limitation Law to non-home rule
15taxing districts.
16    (a) The provisions of this Section do not apply to a taxing
17district that is subject to this Law because a majority of its
181990 equalized assessed value is in a county or counties
19contiguous to a county of 3,000,000 or more inhabitants, or
20because a majority of its 1994 equalized assessed value is in
21an affected county and the taxing district was not subject to
22this Law before the 1995 levy year.
23    (b) For purposes of this Section only:
24    "Taxing district" means any non-home rule taxing district
25that became subject to this Law under Section 18-213 of this

 

 

10000SB0484sam002- 55 -LRB100 05148 HLH 27189 a

1Law.
2    "Equalized assessed valuation" means the equalized
3assessed valuation for a taxing district for the immediately
4preceding levy year.
5    (c) The county board of a county that became subject to
6this Law by a referendum approved by the voters of the county
7under Section 18-213 may, by ordinance or resolution, in the
8manner set forth in this Section, submit to the voters of the
9county the question of whether this Law applies to all non-home
10rule taxing districts that have all or a portion of their
11equalized assessed valuation situated in the county in the
12manner set forth in this Section.
13    (d) The ordinance or resolution shall request the
14submission of the proposition at any election, except a
15consolidated primary election, for the purpose of voting for or
16against the continued application of the Property Tax Extension
17Limitation Law to all non-home rule taxing districts that have
18all or a portion of their equalized assessed valuation situated
19in the county.
20    The question shall be placed on a separate ballot and shall
21be in substantially the following form:
22        Shall the Property Tax Extension Limitation Law (35
23    ILCS 200/18-185 through 35 ILCS 200/18-245), which limits
24    annual property tax extension increases, apply to non-home
25    rule taxing districts with all or a portion of their
26    equalized assessed valuation located in (name of county)?

 

 

10000SB0484sam002- 56 -LRB100 05148 HLH 27189 a

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

 

 

10000SB0484sam002- 57 -LRB100 05148 HLH 27189 a

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

 

 

10000SB0484sam002- 58 -LRB100 05148 HLH 27189 a

1longer subject to this Law and, if the taxing district is no
2longer subject to this Law, the Department of Revenue shall
3notify the taxing district and the county clerks of all of the
4counties in which a portion of the equalized assessed valuation
5of the taxing district is located that, beginning on January 1
6of the year following the date of the last referendum, the
7taxing district is no longer subject to this Law.
8    (i) Notwithstanding any other provision of law, no
9referenda may be held under this Section with respect to levy
10years 2017 and 2018.
11(Source: P.A. 89-718, eff. 3-7-97.)
 
12    Section 95. No acceleration or delay. Where this Act makes
13changes in a statute that is represented in this Act by text
14that is not yet or no longer in effect (for example, a Section
15represented by multiple versions), the use of that text does
16not accelerate or delay the taking effect of (i) the changes
17made by this Act or (ii) provisions derived from any other
18Public Act.
 
19    Section 99. Effective date. This Act takes effect upon
20becoming law.".