Illinois General Assembly - Full Text of HB1539
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Full Text of HB1539  102nd General Assembly

HB1539ham001 102ND GENERAL ASSEMBLY

Rep. Fred Crespo

Filed: 4/20/2021

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1539

2    AMENDMENT NO. ______. Amend House Bill 1539 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Section 18-185 as follows:
 
6    (35 ILCS 200/18-185)
7    Sec. 18-185. Short title; definitions. This Division 5
8may be cited as the Property Tax Extension Limitation Law. As
9used in this Division 5:
10    "Consumer Price Index" means the Consumer Price Index for
11All Urban Consumers for all items published by the United
12States Department of Labor.
13    "Extension limitation" means (a) the lesser of 5% or the
14percentage increase in the Consumer Price Index during the
1512-month calendar year preceding the levy year or (b) the rate
16of increase approved by voters under Section 18-205.

 

 

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

 

 

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

 

 

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1less the amount in items (b), (c), (e), and (h) of this
2definition for non-referendum obligations, except obligations
3initially issued pursuant to referendum; (j) made for payments
4of principal and interest on bonds issued under Section 15 of
5the Local Government Debt Reform Act; (k) made by a school
6district that participates in the Special Education District
7of Lake County, created by special education joint agreement
8under Section 10-22.31 of the School Code, for payment of the
9school district's share of the amounts required to be
10contributed by the Special Education District of Lake County
11to the Illinois Municipal Retirement Fund under Article 7 of
12the Illinois Pension Code; the amount of any extension under
13this item (k) shall be certified by the school district to the
14county clerk; (l) made to fund expenses of providing joint
15recreational programs for persons with disabilities under
16Section 5-8 of the Park District Code or Section 11-95-14 of
17the Illinois Municipal Code; (m) made for temporary relocation
18loan repayment purposes pursuant to Sections 2-3.77 and
1917-2.2d of the School Code; (n) made for payment of principal
20and interest on any bonds issued under the authority of
21Section 17-2.2d of the School Code; (o) made for contributions
22to a firefighter's pension fund created under Article 4 of the
23Illinois Pension Code, to the extent of the amount certified
24under item (5) of Section 4-134 of the Illinois Pension Code;
25and (p) made for road purposes in the first year after a
26township assumes the rights, powers, duties, assets, property,

 

 

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

 

 

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1payments; (f) made for payments under a building commission
2lease when the lease payments are for the retirement of bonds
3issued by the commission before March 1, 1995 to pay for the
4building project; (g) made for payments due under installment
5contracts entered into before March 1, 1995; (h) made for
6payments of principal and interest on bonds issued under the
7Metropolitan Water Reclamation District Act to finance
8construction projects initiated before October 1, 1991; (h-4)
9made for stormwater management purposes by the Metropolitan
10Water Reclamation District of Greater Chicago under Section 12
11of the Metropolitan Water Reclamation District Act; (i) made
12for payments of principal and interest on limited bonds, as
13defined in Section 3 of the Local Government Debt Reform Act,
14in an amount not to exceed the debt service extension base less
15the amount in items (b), (c), and (e) of this definition for
16non-referendum obligations, except obligations initially
17issued pursuant to referendum and bonds described in
18subsection (h) of this definition; (j) made for payments of
19principal and interest on bonds issued under Section 15 of the
20Local Government Debt Reform Act; (k) made for payments of
21principal and interest on bonds authorized by Public Act
2288-503 and issued under Section 20a of the Chicago Park
23District Act for aquarium or museum projects; (l) made for
24payments of principal and interest on bonds authorized by
25Public Act 87-1191 or 93-601 and (i) issued pursuant to
26Section 21.2 of the Cook County Forest Preserve District Act,

 

 

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1(ii) issued under Section 42 of the Cook County Forest
2Preserve District Act for zoological park projects, or (iii)
3issued under Section 44.1 of the Cook County Forest Preserve
4District Act for botanical gardens projects; (m) made pursuant
5to Section 34-53.5 of the School Code, whether levied annually
6or not; (n) made to fund expenses of providing joint
7recreational programs for persons with disabilities under
8Section 5-8 of the Park District Code or Section 11-95-14 of
9the Illinois Municipal Code; (o) made by the Chicago Park
10District for recreational programs for persons with
11disabilities under subsection (c) of Section 7.06 of the
12Chicago Park District Act; (p) made for contributions to a
13firefighter's pension fund created under Article 4 of the
14Illinois Pension Code, to the extent of the amount certified
15under item (5) of Section 4-134 of the Illinois Pension Code;
16(q) made by Ford Heights School District 169 under Section
1717-9.02 of the School Code; and (r) made for the purpose of
18making employer contributions to the Public School Teachers'
19Pension and Retirement Fund of Chicago under Section 34-53 of
20the School Code.
21    "Aggregate extension" for all taxing districts to which
22this Law applies in accordance with Section 18-213, except for
23those taxing districts subject to paragraph (2) of subsection
24(e) of Section 18-213, means the annual corporate extension
25for the taxing district and those special purpose extensions
26that are made annually for the taxing district, excluding

 

 

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

 

 

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

 

 

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14-134 of the Illinois Pension Code; and (m) made for the taxing
2district to pay interest or principal on general obligation
3bonds issued pursuant to Section 19-3.10 of the School Code.
4    "Aggregate extension" for all taxing districts to which
5this Law applies in accordance with paragraph (2) of
6subsection (e) of Section 18-213 means the annual corporate
7extension for the taxing district and those special purpose
8extensions that are made annually for the taxing district,
9excluding special purpose extensions: (a) made for the taxing
10district to pay interest or principal on general obligation
11bonds that were approved by referendum; (b) made for any
12taxing district to pay interest or principal on general
13obligation bonds issued before March 7, 1997 (the effective
14date of Public Act 89-718) this amendatory Act of 1997; (c)
15made for any taxing district to pay interest or principal on
16bonds issued to refund or continue to refund those bonds
17issued before March 7, 1997 (the effective date of Public Act
1889-718) this amendatory Act of 1997; (d) made for any taxing
19district to pay interest or principal on bonds issued to
20refund or continue to refund bonds issued after March 7, 1997
21(the effective date of Public Act 89-718) this amendatory Act
22of 1997 if the bonds were approved by referendum after March 7,
231997 (the effective date of Public Act 89-718) this amendatory
24Act of 1997; (e) made for any taxing district to pay interest
25or principal on revenue bonds issued before March 7, 1997 (the
26effective date of Public Act 89-718) this amendatory Act of

 

 

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11997 for payment of which a property tax levy or the full faith
2and credit of the unit of local government is pledged;
3however, a tax for the payment of interest or principal on
4those bonds shall be made only after the governing body of the
5unit of local government finds that all other sources for
6payment are insufficient to make those payments; (f) made for
7payments under a building commission lease when the lease
8payments are for the retirement of bonds issued by the
9commission before March 7, 1997 (the effective date of Public
10Act 89-718) this amendatory Act of 1997 to pay for the building
11project; (g) made for payments due under installment contracts
12entered into before March 7, 1997 (the effective date of
13Public Act 89-718) this amendatory Act of 1997; (h) made for
14payments of principal and interest on limited bonds, as
15defined in Section 3 of the Local Government Debt Reform Act,
16in an amount not to exceed the debt service extension base less
17the amount 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; and (l) made for contributions to
6a firefighter'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.
9    "Debt service extension base" means an amount equal to
10that portion of the extension for a taxing district for the
111994 levy year, or for those taxing districts subject to this
12Law in accordance with Section 18-213, except for those
13subject to paragraph (2) of subsection (e) of Section 18-213,
14for the levy year in which the referendum making this Law
15applicable to the taxing district is held, or for those taxing
16districts subject to this Law in accordance with paragraph (2)
17of subsection (e) of Section 18-213 for the 1996 levy year,
18constituting an extension for payment of principal and
19interest on bonds issued by the taxing district without
20referendum, but not including excluded non-referendum bonds.
21For park districts (i) that were first subject to this Law in
221991 or 1995 and (ii) whose extension for the 1994 levy year
23for the payment of principal and interest on bonds issued by
24the park district without referendum (but not including
25excluded non-referendum bonds) was less than 51% of the amount
26for the 1991 levy year constituting an extension for payment

 

 

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

 

 

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1contributions to pension plans, and extensions made pursuant
2to Section 6-601 of the Illinois Highway Code for a road
3district's permanent road fund whether levied annually or not.
4The extension for a special service area is not included in the
5aggregate extension.
6    "Aggregate extension base" means the taxing district's
7last preceding aggregate extension as adjusted under Sections
818-135, 18-215, 18-230, and 18-206. An adjustment under
9Section 18-135 shall be made for the 2007 levy year and all
10subsequent levy years whenever one or more counties within
11which a taxing district is located (i) used estimated
12valuations or rates when extending taxes in the taxing
13district for the last preceding levy year that resulted in the
14over or under extension of taxes, or (ii) increased or
15decreased the tax extension for the last preceding levy year
16as required by Section 18-135(c). Whenever an adjustment is
17required under Section 18-135, the aggregate extension base of
18the taxing district shall be equal to the amount that the
19aggregate extension of the taxing district would have been for
20the last preceding levy year if either or both (i) actual,
21rather than estimated, valuations or rates had been used to
22calculate the extension of taxes for the last levy year, or
23(ii) the tax extension for the last preceding levy year had not
24been adjusted as required by subsection (c) of Section 18-135.
25    Notwithstanding any other provision of law, for levy year
262012, the aggregate extension base for West Northfield School

 

 

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1District No. 31 in Cook County shall be $12,654,592.
2    Notwithstanding any other provision of law, for levy year
32022, the aggregate extension base for Township High School
4District Number 211, Cook County, Illinois, shall be the
5amount that the district's aggregate extension for levy year
62021 would have been assuming an extension of taxes for levy
7year 2021 at the limiting rate for levy year 2021.
8    "Levy year" has the same meaning as "year" under Section
91-155.
10    "New property" means (i) the assessed value, after final
11board of review or board of appeals action, of new
12improvements or additions to existing improvements on any
13parcel of real property that increase the assessed value of
14that real property during the levy year multiplied by the
15equalization factor issued by the Department under Section
1617-30, (ii) the assessed value, after final board of review or
17board of appeals action, of real property not exempt from real
18estate taxation, which real property was exempt from real
19estate taxation for any portion of the immediately preceding
20levy year, multiplied by the equalization factor issued by the
21Department under Section 17-30, including the assessed value,
22upon final stabilization of occupancy after new construction
23is complete, of any real property located within the
24boundaries of an otherwise or previously exempt military
25reservation that is intended for residential use and owned by
26or leased to a private corporation or other entity, (iii) in

 

 

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

 

 

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

 

 

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1Illinois Municipal Code, or the Economic Development Area Tax
2Increment Allocation Act, "recovered tax increment value"
3means the amount of the current year's equalized assessed
4value of each taxable lot, block, tract, or parcel of real
5property removed from the redevelopment project area over and
6above the initial equalized assessed value of that real
7property before removal from the redevelopment project area.
8    Except as otherwise provided in this Section, "limiting
9rate" means a fraction the numerator of which is the last
10preceding aggregate extension base times an amount equal to
11one plus the extension limitation defined in this Section and
12the denominator of which is the current year's equalized
13assessed value of all real property in the territory under the
14jurisdiction of the taxing district during the prior levy
15year. For those taxing districts that reduced their aggregate
16extension for the last preceding levy year, except for school
17districts that reduced their extension for educational
18purposes pursuant to Section 18-206, the highest aggregate
19extension in any of the last 3 preceding levy years shall be
20used for the purpose of computing the limiting rate. The
21denominator 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(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;
15100-465, eff. 8-31-17; revised 8-12-19.)
 
16    Section 99. Effective date. This Act takes effect upon
17becoming law.".