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1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Sections 18-185, 18-205, 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
17calendar year preceding the levy year or (b) the rate of
18increase approved by voters under Section 18-205. For levy
19years 2017 and 2018 only, for school districts other than the
20City of Chicago School District #299 and qualified school
21districts, "extension limitation" means 0% or the rate of
22increase approved by the voters under Section 18-205. For levy
23years 2017 and 2018, if a special purpose extension (i) made

 

 

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1for the payment of principal and interest on bonds or other
2evidences of indebtedness issued by the taxing district or (ii)
3made for contributions to a pension fund created under the
4Illinois Pension Code was required to be included in a school
5district's aggregate extension for the 2016 levy year, then the
6extension limitation for those extensions for levy years 2017
7and 2018 shall be (1) the lesser of 5% or the percentage
8increase in the Consumer Price Index during the 12-month
9calendar year preceding the levy year or (2) the rate of
10increase approved by voters under Section 18-205. For levy
11years 2017 and 2018, for the City of Chicago School District
12#299 and qualified school districts that were subject to this
13Law in the 2016 levy year, "extension limitation" means (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    "Affected county" means a county of 3,000,000 or more
19inhabitants or a county contiguous to a county of 3,000,000 or
20more inhabitants.
21    "Taxing district" has the same meaning provided in Section
221-150, except as otherwise provided in this Section. For the
231991 through 1994 levy years only, "taxing district" includes
24only each non-home rule taxing district having the majority of
25its 1990 equalized assessed value within any county or counties
26contiguous to a county with 3,000,000 or more inhabitants.

 

 

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1Beginning with the 1995 levy year, "taxing district" includes
2only each non-home rule taxing district subject to this Law
3before the 1995 levy year and each non-home rule taxing
4district not subject to this Law before the 1995 levy year
5having the majority of its 1994 equalized assessed value in an
6affected county or counties. Beginning with the levy year in
7which this Law becomes applicable to a taxing district as
8provided in Section 18-213, "taxing district" also includes
9those taxing districts made subject to this Law as provided in
10Section 18-213. For levy years 2017 and 2018, "taxing district"
11also includes each school district in the State, but does not
12include a qualified school district that was not subject to
13this Law in the 2016 levy year.
14    "Aggregate extension" for taxing districts to which this
15Law applied before the 1995 levy year means, except with
16respect to levy years 2017 and 2018, the annual corporate
17extension for the taxing district and those special purpose
18extensions that are made annually for the taxing district,
19excluding special purpose extensions: (a) made for the taxing
20district to pay interest or principal on general obligation
21bonds that were approved by referendum; (b) made for any taxing
22district to pay interest or principal on general obligation
23bonds issued before October 1, 1991; (c) made for any taxing
24district to pay interest or principal on bonds issued to refund
25or continue to refund those bonds issued before October 1,
261991; (d) made for any taxing district to pay interest or

 

 

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1principal on bonds issued to refund or continue to refund bonds
2issued after October 1, 1991 that were approved by referendum;
3(e) made for any taxing district to pay interest or principal
4on revenue bonds issued before October 1, 1991 for payment of
5which a property tax levy or the full faith and credit of the
6unit of local government is pledged; however, a tax for the
7payment of interest or principal on those bonds shall be made
8only after the governing body of the unit of local government
9finds that all other sources for payment are insufficient to
10make those payments; (f) made for payments under a building
11commission lease when the lease payments are for the retirement
12of bonds issued by the commission before October 1, 1991, to
13pay for the building project; (g) made for payments due under
14installment contracts entered into before October 1, 1991; (h)
15made for payments of principal and interest on bonds issued
16under the Metropolitan Water Reclamation District Act to
17finance construction projects initiated before October 1,
181991; (i) made for payments of principal and interest on
19limited bonds, as defined in Section 3 of the Local Government
20Debt Reform Act, in an amount not to exceed the debt service
21extension base less the amount in items (b), (c), (e), and (h)
22of this definition for non-referendum obligations, except
23obligations initially issued pursuant to referendum; (j) made
24for payments of principal and interest on bonds issued under
25Section 15 of the Local Government Debt Reform Act; (k) made by
26a school district that participates in the Special Education

 

 

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1District of Lake County, created by special education joint
2agreement under Section 10-22.31 of the School Code, for
3payment of the school district's share of the amounts required
4to be contributed by the Special Education District of Lake
5County to the Illinois Municipal Retirement Fund under Article
67 of the Illinois Pension Code; the amount of any extension
7under this item (k) shall be certified by the school district
8to the county clerk; (l) made to fund expenses of providing
9joint recreational programs for persons with disabilities
10under Section 5-8 of the Park District Code or Section 11-95-14
11of the Illinois Municipal Code; (m) made for temporary
12relocation loan repayment purposes pursuant to Sections 2-3.77
13and 17-2.2d of the School Code; (n) made for payment of
14principal and interest on any bonds issued under the authority
15of Section 17-2.2d of the School Code; (o) made for
16contributions to a firefighter's pension fund created under
17Article 4 of the Illinois Pension Code, to the extent of the
18amount certified under item (5) of Section 4-134 of the
19Illinois Pension Code; and (p) made for road purposes in the
20first year after a township assumes the rights, powers, duties,
21assets, property, liabilities, obligations, and
22responsibilities of a road district abolished under the
23provisions of Section 6-133 of the Illinois Highway Code. For
24levy years 2017 and 2018, this definition of "aggregate
25extension" applies to each qualified school district that was
26subject to this definition of "aggregate extension" for the

 

 

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12016 levy year.
2    "Aggregate extension" for the taxing districts to which
3this Law did not apply before the 1995 levy year (except taxing
4districts subject to this Law in accordance with Section
518-213) means, except with respect to levy years 2017 and 2018,
6the annual corporate extension for the taxing district and
7those special purpose extensions that are made annually for the
8taxing district, excluding special purpose extensions: (a)
9made for the taxing district to pay interest or principal on
10general obligation bonds that were approved by referendum; (b)
11made for any taxing district to pay interest or principal on
12general obligation bonds issued before March 1, 1995; (c) made
13for any taxing district to pay interest or principal on bonds
14issued to refund or continue to refund those bonds issued
15before March 1, 1995; (d) made for any taxing district to pay
16interest or principal on bonds issued to refund or continue to
17refund bonds issued after March 1, 1995 that were approved by
18referendum; (e) made for any taxing district to pay interest or
19principal on revenue bonds issued before March 1, 1995 for
20payment of which a property tax levy or the full faith and
21credit of the unit of local government is pledged; however, a
22tax for the payment of interest or principal on those bonds
23shall be made only after the governing body of the unit of
24local government finds that all other sources for payment are
25insufficient to make those payments; (f) made for payments
26under a building commission lease when the lease payments are

 

 

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1for the retirement of bonds issued by the commission before
2March 1, 1995 to pay for the building project; (g) made for
3payments due under installment contracts entered into before
4March 1, 1995; (h) made for payments of principal and interest
5on bonds issued under the Metropolitan Water Reclamation
6District Act to finance construction projects initiated before
7October 1, 1991; (h-4) made for stormwater management purposes
8by the Metropolitan Water Reclamation District of Greater
9Chicago under Section 12 of the Metropolitan Water Reclamation
10District Act; (i) made for payments of principal and interest
11on limited bonds, as defined in Section 3 of the Local
12Government Debt Reform Act, in an amount not to exceed the debt
13service extension base less the amount in items (b), (c), and
14(e) of this definition for non-referendum obligations, except
15obligations initially issued pursuant to referendum and bonds
16described in subsection (h) of this definition; (j) made for
17payments of principal and interest on bonds issued under
18Section 15 of the Local Government Debt Reform Act; (k) made
19for payments of principal and interest on bonds authorized by
20Public Act 88-503 and issued under Section 20a of the Chicago
21Park District Act for aquarium or museum projects; (l) made for
22payments of principal and interest on bonds authorized by
23Public Act 87-1191 or 93-601 and (i) issued pursuant to Section
2421.2 of the Cook County Forest Preserve District Act, (ii)
25issued under Section 42 of the Cook County Forest Preserve
26District Act for zoological park projects, or (iii) issued

 

 

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1under Section 44.1 of the Cook County Forest Preserve District
2Act for botanical gardens projects; (m) made pursuant to
3Section 34-53.5 of the School Code, whether levied annually or
4not; (n) made to fund expenses of providing joint recreational
5programs for persons with disabilities under Section 5-8 of the
6Park District Code or Section 11-95-14 of the Illinois
7Municipal Code; (o) made by the Chicago Park District for
8recreational programs for persons with disabilities under
9subsection (c) of Section 7.06 of the Chicago Park District
10Act; (p) made for contributions to a firefighter's pension fund
11created under Article 4 of the Illinois Pension Code, to the
12extent of the amount certified under item (5) of Section 4-134
13of the Illinois Pension Code; and (q) made by Ford Heights
14School District 169 under Section 17-9.02 of the School Code.
15Notwithstanding the provisions of this amendatory Act of the
16100th General Assembly, for the 2017 and 2018 levy years, this
17definition of "aggregate extension" applies to the City of
18Chicago School District #299 and each qualified school district
19that was subject to this definition of "aggregate extension"
20for the 2016 levy year.
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, except with respect to levy years
252017 and 2018, the annual corporate extension for the taxing
26district and those special purpose extensions that are made

 

 

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

 

 

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

 

 

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1under item (5) of Section 4-134 of the Illinois Pension Code;
2and (m) made for the taxing district to pay interest or
3principal on general obligation bonds issued pursuant to
4Section 19-3.10 of the School Code. For levy years 2017 and
52018, this definition of "aggregate extension" applies to each
6qualified school district that was subject to this definition
7of "aggregate extension" for the 2016 levy year.
8    "Aggregate extension" for all taxing districts to which
9this Law applies in accordance with paragraph (2) of subsection
10(e) of Section 18-213 means, except with respect to levy years
112017 and 2018, the annual corporate extension for the taxing
12district and those special purpose extensions that are made
13annually for the taxing district, excluding special purpose
14extensions: (a) made for the taxing district to pay interest or
15principal on general obligation bonds that were approved by
16referendum; (b) made for any taxing district to pay interest or
17principal on general obligation bonds issued before the
18effective date of this amendatory Act of 1997; (c) made for any
19taxing district to pay interest or principal on bonds issued to
20refund or continue to refund those bonds issued before the
21effective date of this amendatory Act of 1997; (d) made for any
22taxing district to pay interest or principal on bonds issued to
23refund or continue to refund bonds issued after the effective
24date of this amendatory Act of 1997 if the bonds were approved
25by referendum after the effective date of this amendatory Act
26of 1997; (e) made for any taxing district to pay interest or

 

 

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1principal on revenue bonds issued before the effective date of
2this amendatory Act of 1997 for payment of which a property tax
3levy or the full faith and credit of the unit of local
4government is pledged; however, a tax for the payment of
5interest or principal on those bonds shall be made only after
6the governing body of the unit of local government finds that
7all other sources for payment are insufficient to make those
8payments; (f) made for payments under a building commission
9lease when the lease payments are for the retirement of bonds
10issued by the commission before the effective date of this
11amendatory Act of 1997 to pay for the building project; (g)
12made for payments due under installment contracts entered into
13before the effective date of this amendatory Act of 1997; (h)
14made for payments of principal and interest on limited bonds,
15as defined in Section 3 of the Local Government Debt Reform
16Act, in an amount not to exceed the debt service extension base
17less the amount in items (b), (c), and (e) of this definition
18for non-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.
9For levy years 2017 and 2018, this definition of "aggregate
10extension" applies to each qualified school district that was
11subject to this definition of "aggregate extension" for the
122016 levy year.
13    "Aggregate extension", except with respect to the City of
14Chicago School District #299 or a qualified school district,
15for levy years 2017 and 2018, means the annual corporate
16extension for the taxing district and those special purpose
17extensions that are made annually for the taxing district,
18excluding special purpose extensions: (a) made for the payment
19of principal and interest on bonds or other evidences of
20indebtedness issued by the taxing district; or (b) made for
21contributions to a pension fund created under the Illinois
22Pension Code. Notwithstanding the provisions of this
23definition of "aggregate extension", if a special purpose
24extension (i) made for the payment of principal and interest on
25bonds or other evidences of indebtedness issued by the taxing
26district or (ii) made for contributions to a pension fund

 

 

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1created under the Illinois Pension Code was required to be
2included in a taxing district's aggregate extension for the
32016 levy year, then that special purpose extension is also
4included in the taxing district's aggregate extension for levy
5years 2017 and 2018; provided that the extension limitation for
6those extensions for levy years 2017 and 2018 shall be (1) the
7lesser of 5% or the percentage increase in the Consumer Price
8Index during the 12-month calendar year preceding the levy year
9or (2) the rate of increase approved by voters under Section
1018-205.
11    "Debt service extension base" means an amount equal to that
12portion of the extension for a taxing district for the 1994
13levy year, or for those taxing districts subject to this Law in
14accordance with Section 18-213, except for those subject to
15paragraph (2) of subsection (e) of Section 18-213, for the levy
16year in which the referendum making this Law applicable to the
17taxing district is held, or for those taxing districts subject
18to this Law in accordance with paragraph (2) of subsection (e)
19of Section 18-213 for the 1996 levy year, or for those school
20districts that become subject to this Law as a result of this
21amendatory Act of the 100th General Assembly for the 2016 levy
22year, constituting an extension for payment of principal and
23interest on bonds issued by the taxing district without
24referendum, but not including excluded non-referendum bonds.
25For park districts (i) that were first subject to this Law in
261991 or 1995 and (ii) whose extension for the 1994 levy year

 

 

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1for the payment of principal and interest on bonds issued by
2the park district without referendum (but not including
3excluded non-referendum bonds) was less than 51% of the amount
4for the 1991 levy year constituting an extension for payment of
5principal and interest on bonds issued by the park district
6without referendum (but not including excluded non-referendum
7bonds), "debt service extension base" means an amount equal to
8that portion of the extension for the 1991 levy year
9constituting an extension for payment of principal and interest
10on bonds issued by the park district without referendum (but
11not including excluded non-referendum bonds). A debt service
12extension base established or increased at any time pursuant to
13any provision of this Law, except Section 18-212, shall be
14increased each year commencing with the later of (i) the 2009
15levy year or (ii) the first levy year in which this Law becomes
16applicable to the taxing district, by the lesser of 5% or the
17percentage increase in the Consumer Price Index during the
1812-month calendar year preceding the levy year. The debt
19service extension base may be established or increased as
20provided under Section 18-212. "Excluded non-referendum bonds"
21means (i) bonds authorized by Public Act 88-503 and issued
22under Section 20a of the Chicago Park District Act for aquarium
23and museum projects; (ii) bonds issued under Section 15 of the
24Local Government Debt Reform Act; or (iii) refunding
25obligations issued to refund or to continue to refund
26obligations initially issued pursuant to referendum.

 

 

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1    "Special purpose extensions" include, but are not limited
2to, extensions for levies made on an annual basis for
3unemployment and workers' compensation, self-insurance,
4contributions to pension plans, and extensions made pursuant to
5Section 6-601 of the Illinois Highway Code for a road
6district's permanent road fund whether levied annually or not.
7The extension for a special service area is not included in the
8aggregate extension.
9    "Aggregate extension base" means the taxing district's
10last preceding aggregate extension as adjusted under Sections
1118-135, 18-215, and 18-230. An adjustment under Section 18-135
12shall be made for the 2007 levy year and all subsequent levy
13years whenever one or more counties within which a taxing
14district is located (i) used estimated valuations or rates when
15extending taxes in the taxing district for the last preceding
16levy year that resulted in the over or under extension of
17taxes, or (ii) increased or decreased the tax extension for the
18last preceding levy year as required by Section 18-135(c).
19Whenever an adjustment is required under Section 18-135, the
20aggregate extension base of the taxing district shall be equal
21to the amount that the aggregate extension of the taxing
22district would have been for the last preceding levy year if
23either or both (i) actual, rather than estimated, valuations or
24rates had been used to calculate the extension of taxes for the
25last levy year, or (ii) the tax extension for the last
26preceding levy year had not been adjusted as required by

 

 

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1subsection (c) of Section 18-135.
2    Notwithstanding any other provision of law, for levy year
32012, the aggregate extension base for West Northfield School
4District No. 31 in Cook County shall be $12,654,592.
5    "Levy year" has the same meaning as "year" under Section
61-155.
7    "New property" means (i) the assessed value, after final
8board of review or board of appeals action, of new improvements
9or additions to existing improvements on any parcel of real
10property that increase the assessed value of that real property
11during the levy year multiplied by the equalization factor
12issued by the Department under Section 17-30, (ii) the assessed
13value, after final board of review or board of appeals action,
14of real property not exempt from real estate taxation, which
15real property was exempt from real estate taxation for any
16portion of the immediately preceding levy year, multiplied by
17the equalization factor issued by the Department under Section
1817-30, including the assessed value, upon final stabilization
19of occupancy after new construction is complete, of any real
20property located within the boundaries of an otherwise or
21previously exempt military reservation that is intended for
22residential use and owned by or leased to a private corporation
23or other entity, (iii) in counties that classify in accordance
24with Section 4 of Article IX of the Illinois Constitution, an
25incentive property's additional assessed value resulting from
26a scheduled increase in the level of assessment as applied to

 

 

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

 

 

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

 

 

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

 

 

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1limiting rate for tax year 2012 shall be the rate that
2generates the approximate total amount of taxes extendable for
3that tax year, as set forth in the proposition approved by the
4voters; this rate shall be the final rate applied by the county
5clerk for the aggregate of all capped funds of the district for
6tax year 2012.
7    "Qualified school district" means, for levy years 2017 and
82018, a school district that has been granted a financial
9hardship exemption from this amendatory Act of the 100th
10General Assembly by the State Superintendent of Education; to
11be eligible for such an exemption, one or more of the following
12criteria must apply:
13        (1) the district meets the conditions described in
14    subsection (a) of Section 1A-8 of the School Code or in
15    paragraph (3) or (5) of subsection (b) of Section 1A-8 of
16    the School Code; to determine if a school district meets
17    this criteria, the State Superintendent of Education may
18    require a school district, including any district subject
19    to Article 34A of this Code, to share financial information
20    relevant to a proper investigation of the district's
21    financial condition;
22        (2) the equalized assessed valuation used in
23    calculating the district's general State aid claim under
24    Section 18-8.05 of the School Code, or the district's
25    evidence-based funding claim under Section 18-8.15 of the
26    School Code, as applicable, for the year in which the

 

 

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1    district is applying has decreased by 10% or more compared
2    to equalized assessed valuation used for such calculations
3    in the previous school year;
4        (3) the average daily attendance used in calculating
5    the district's general State aid claim, under Section
6    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 5% or more compared
10    to the average daily attendance used for such calculations
11    in the previous school year;
12        (4) fifty percent or more of the pupils enrolled in the
13    district qualify for free or reduced lunch;
14        (5) twenty percent or more of the pupils enrolled in
15    the district have an individualized education plan (IEP);
16        (6) the district is a Tier 1 district, as defined in
17    subparagraph (A) of subsection (g) of Section 18-8.15 of
18    the School Code; OR
19        (7) the district has been designated, through the State
20    Board of Education's School District Financial Profile
21    System, as on financial watch status for fiscal year 2016.
22    After independently verifying that a district meets one or
23more of the criteria set forth in items (1) through (7), the
24State Superintendent shall notify the appropriate taxing
25authorities that the district is to be exempt from the
26provisions of this amendatory Act of the 100th General Assembly

 

 

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1for the next appropriate levy year. The exemption shall be for
2a period of one levy year. School districts may reapply on an
3annual basis to be exempt from the provisions of this
4amendatory Act of the 100th General Assembly.
5(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,
6eff. 7-27-15.)
 
7    (Text of Section after 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
17calendar year preceding the levy year or (b) the rate of
18increase approved by voters under Section 18-205. For levy
19years 2017 and 2018 only, for school districts other than the
20City of Chicago School District #299 and qualified school
21districts, "extension limitation" means 0% or the rate of
22increase approved by the voters under Section 18-205. For levy
23years 2017 and 2018, if a special purpose extension (i) made
24for the payment of principal and interest on bonds or other
25evidences of indebtedness issued by the taxing district or (ii)

 

 

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1made for contributions to a pension fund created under the
2Illinois Pension Code was required to be included in a school
3district's aggregate extension for the 2016 levy year, then the
4extension limitation for those extensions for levy years 2017
5and 2018 shall be (1) the lesser of 5% or the percentage
6increase in the Consumer Price Index during the 12-month
7calendar year preceding the levy year or (2) the rate of
8increase approved by voters under Section 18-205. For levy
9years 2017 and 2018, for the City of Chicago School District
10#299 and qualified school districts that were subject to this
11Law in the 2016 levy year, "extension limitation" means (1) the
12lesser of 5% or the percentage increase in the Consumer Price
13Index during the 12-month calendar year preceding the levy year
14or (2) the rate of increase approved by voters under Section
1518-205.
16    "Affected county" means a county of 3,000,000 or more
17inhabitants or a county contiguous to a county of 3,000,000 or
18more inhabitants.
19    "Taxing district" has the same meaning provided in Section
201-150, except as otherwise provided in this Section. For the
211991 through 1994 levy years only, "taxing district" includes
22only each non-home rule taxing district having the majority of
23its 1990 equalized assessed value within any county or counties
24contiguous to a county with 3,000,000 or more inhabitants.
25Beginning with the 1995 levy year, "taxing district" includes
26only each non-home rule taxing district subject to this Law

 

 

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1before the 1995 levy year and each non-home rule taxing
2district not subject to this Law before the 1995 levy year
3having the majority of its 1994 equalized assessed value in an
4affected county or counties. Beginning with the levy year in
5which this Law becomes applicable to a taxing district as
6provided in Section 18-213, "taxing district" also includes
7those taxing districts made subject to this Law as provided in
8Section 18-213. For levy years 2017 and 2018, "taxing district"
9also includes each school district in the State, but does not
10include a qualified school district that was not subject to
11this Law in the 2016 levy year.
12    "Aggregate extension" for taxing districts to which this
13Law applied before the 1995 levy year means, except with
14respect to levy years 2017 and 2018, the annual corporate
15extension for the taxing district and those special purpose
16extensions that are made annually for the taxing district,
17excluding special purpose extensions: (a) made for the taxing
18district to pay interest or principal on general obligation
19bonds that were approved by referendum; (b) made for any taxing
20district to pay interest or principal on general obligation
21bonds issued before October 1, 1991; (c) made for any taxing
22district to pay interest or principal on bonds issued to refund
23or continue to refund those bonds issued before October 1,
241991; (d) made for any taxing district to pay interest or
25principal on bonds issued to refund or continue to refund bonds
26issued after October 1, 1991 that were approved by referendum;

 

 

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1(e) made for any taxing district to pay interest or principal
2on revenue bonds issued before October 1, 1991 for payment of
3which a property tax levy or the full faith and credit of the
4unit of local government is pledged; however, a tax for the
5payment of interest or principal on those bonds shall be made
6only after the governing body of the unit of local government
7finds that all other sources for payment are insufficient to
8make those payments; (f) made for payments under a building
9commission lease when the lease payments are for the retirement
10of bonds issued by the commission before October 1, 1991, to
11pay for the building project; (g) made for payments due under
12installment contracts entered into before October 1, 1991; (h)
13made for payments of principal and interest on bonds issued
14under the Metropolitan Water Reclamation District Act to
15finance construction projects initiated before October 1,
161991; (i) made for payments of principal and interest on
17limited bonds, as defined in Section 3 of the Local Government
18Debt Reform Act, in an amount not to exceed the debt service
19extension base less the amount in items (b), (c), (e), and (h)
20of this definition for non-referendum obligations, except
21obligations initially issued pursuant to referendum; (j) made
22for payments of principal and interest on bonds issued under
23Section 15 of the Local Government Debt Reform Act; (k) made by
24a school district that participates in the Special Education
25District of Lake County, created by special education joint
26agreement under Section 10-22.31 of the School Code, for

 

 

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1payment of the school district's share of the amounts required
2to be contributed by the Special Education District of Lake
3County to the Illinois Municipal Retirement Fund under Article
47 of the Illinois Pension Code; the amount of any extension
5under this item (k) shall be certified by the school district
6to the county clerk; (l) made to fund expenses of providing
7joint recreational programs for persons with disabilities
8under Section 5-8 of the Park District Code or Section 11-95-14
9of the Illinois Municipal Code; (m) made for temporary
10relocation loan repayment purposes pursuant to Sections 2-3.77
11and 17-2.2d of the School Code; (n) made for payment of
12principal and interest on any bonds issued under the authority
13of Section 17-2.2d of the School Code; (o) made for
14contributions to a firefighter's pension fund created under
15Article 4 of the Illinois Pension Code, to the extent of the
16amount certified under item (5) of Section 4-134 of the
17Illinois Pension Code; and (p) made for road purposes in the
18first year after a township assumes the rights, powers, duties,
19assets, property, liabilities, obligations, and
20responsibilities of a road district abolished under the
21provisions of Section 6-133 of the Illinois Highway Code. For
22levy years 2017 and 2018, this definition of "aggregate
23extension" applies to each qualified school district that was
24subject to this definition of "aggregate extension" for the
252016 levy year.
26    "Aggregate extension" for the taxing districts to which

 

 

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1this Law did not apply before the 1995 levy year (except taxing
2districts subject to this Law in accordance with Section
318-213) means, except with respect to levy years 2017 and 2018,
4the annual corporate extension for the taxing district and
5those special purpose extensions that are made annually for the
6taxing district, excluding special purpose extensions: (a)
7made for the taxing district to pay interest or principal on
8general obligation bonds that were approved by referendum; (b)
9made for any taxing district to pay interest or principal on
10general obligation bonds issued before March 1, 1995; (c) made
11for any taxing district to pay interest or principal on bonds
12issued to refund or continue to refund those bonds issued
13before March 1, 1995; (d) made for any taxing district to pay
14interest or principal on bonds issued to refund or continue to
15refund bonds issued after March 1, 1995 that were approved by
16referendum; (e) made for any taxing district to pay interest or
17principal on revenue bonds issued before March 1, 1995 for
18payment of which a property tax levy or the full faith and
19credit of the unit of local government is pledged; however, a
20tax for the payment of interest or principal on those bonds
21shall be made only after the governing body of the unit of
22local government finds that all other sources for payment are
23insufficient to make those payments; (f) made for payments
24under a building commission lease when the lease payments are
25for the retirement of bonds issued by the commission before
26March 1, 1995 to pay for the building project; (g) made for

 

 

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1payments due under installment contracts entered into before
2March 1, 1995; (h) made for payments of principal and interest
3on bonds issued under the Metropolitan Water Reclamation
4District Act to finance construction projects initiated before
5October 1, 1991; (h-4) made for stormwater management purposes
6by the Metropolitan Water Reclamation District of Greater
7Chicago under Section 12 of the Metropolitan Water Reclamation
8District Act; (i) made for payments of principal and interest
9on limited bonds, as defined in Section 3 of the Local
10Government Debt Reform Act, in an amount not to exceed the debt
11service extension base less the amount in items (b), (c), and
12(e) of this definition for non-referendum obligations, except
13obligations initially issued pursuant to referendum and bonds
14described in subsection (h) of this definition; (j) made for
15payments of principal and interest on bonds issued under
16Section 15 of the Local Government Debt Reform Act; (k) made
17for payments of principal and interest on bonds authorized by
18Public Act 88-503 and issued under Section 20a of the Chicago
19Park District Act for aquarium or museum projects; (l) made for
20payments of principal and interest on bonds authorized by
21Public Act 87-1191 or 93-601 and (i) issued pursuant to Section
2221.2 of the Cook County Forest Preserve District Act, (ii)
23issued under Section 42 of the Cook County Forest Preserve
24District Act for zoological park projects, or (iii) issued
25under Section 44.1 of the Cook County Forest Preserve District
26Act for botanical gardens projects; (m) made pursuant to

 

 

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1Section 34-53.5 of the School Code, whether levied annually or
2not; (n) made to fund expenses of providing joint recreational
3programs for persons with disabilities under Section 5-8 of the
4Park District Code or Section 11-95-14 of the Illinois
5Municipal Code; (o) made by the Chicago Park District for
6recreational programs for persons with disabilities under
7subsection (c) of Section 7.06 of the Chicago Park District
8Act; (p) made for contributions to a firefighter's pension fund
9created under Article 4 of the Illinois Pension Code, to the
10extent of the amount certified under item (5) of Section 4-134
11of the Illinois Pension Code; (q) made by Ford Heights School
12District 169 under Section 17-9.02 of the School Code; and (r)
13made for the purpose of making employer contributions to the
14Public School Teachers' Pension and Retirement Fund of Chicago
15under Section 34-53 of the School Code. Notwithstanding the
16provisions of this amendatory Act of the 100th General
17Assembly, for levy years 2017 and 2018, this definition of
18"aggregate extension" applies to the City of Chicago School
19District #299 and each qualified school district that was
20subject to this definition of "aggregate extension" for the
212016 levy year.
22    "Aggregate extension" for all taxing districts to which
23this Law applies in accordance with Section 18-213, except for
24those taxing districts subject to paragraph (2) of subsection
25(e) of Section 18-213, means, except with respect to levy years
262017 and 2018, the annual corporate extension for the taxing

 

 

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

 

 

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

 

 

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1Illinois Pension Code, to the extent of the amount certified
2under item (5) of Section 4-134 of the Illinois Pension Code;
3and (m) made for the taxing district to pay interest or
4principal on general obligation bonds issued pursuant to
5Section 19-3.10 of the School Code. For levy years 2017 and
62018, this definition of "aggregate extension" applies to each
7qualified school district that was subject to this definition
8of "aggregate extension" for the 2016 levy year.
9    "Aggregate extension" for all taxing districts to which
10this Law applies in accordance with paragraph (2) of subsection
11(e) of Section 18-213 means, except with respect to levy years
122017 and 2018, the annual corporate extension for the taxing
13district and those special purpose extensions that are made
14annually for the taxing district, excluding special purpose
15extensions: (a) made for the taxing district to pay interest or
16principal on general obligation bonds that were approved by
17referendum; (b) made for any taxing district to pay interest or
18principal on general obligation bonds issued before the
19effective date of this amendatory Act of 1997; (c) made for any
20taxing district to pay interest or principal on bonds issued to
21refund or continue to refund those bonds issued before the
22effective date of this amendatory Act of 1997; (d) made for any
23taxing district to pay interest or principal on bonds issued to
24refund or continue to refund bonds issued after the effective
25date of this amendatory Act of 1997 if the bonds were approved
26by referendum after the effective date of this amendatory Act

 

 

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

 

 

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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; and (l) made for contributions to
7a firefighter'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.
10For levy years 2017 and 2018, this definition of "aggregate
11extension" applies to each qualified school district that was
12subject to this definition of "aggregate extension" for the
132016 levy year.
14    "Aggregate extension", except with respect to the City of
15Chicago School District #299 or a qualified school district,
16for levy years 2017 and 2018, means the annual corporate
17extension for the taxing district and those special purpose
18extensions that are made annually for the taxing district,
19excluding special purpose extensions: (a) made for the payment
20of principal and interest on bonds or other evidences of
21indebtedness issued by the taxing district; or (b) made for
22contributions to a pension fund created under the Illinois
23Pension Code. Notwithstanding the provisions of this
24definition of "aggregate extension", if a special purpose
25extension (i) made for the payment of principal and interest on
26bonds or other evidences of indebtedness issued by the taxing

 

 

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1district or (ii) made for contributions to a pension fund
2created under the Illinois Pension Code was required to be
3included in a taxing district's aggregate extension for the
42016 levy year, then that special purpose extension is also
5included in the taxing district's aggregate extension for levy
6years 2017 and 2018; provided that the extension limitation for
7those extensions for levy years 2017 and 2018 shall be (1) the
8lesser of 5% or the percentage increase in the Consumer Price
9Index during the 12-month calendar year preceding the levy year
10or (2) the rate of increase approved by voters under Section
1118-205.
12    "Debt service extension base" means an amount equal to that
13portion of the extension for a taxing district for the 1994
14levy year, or for those taxing districts subject to this Law in
15accordance with Section 18-213, except for those subject to
16paragraph (2) of subsection (e) of Section 18-213, for the levy
17year in which the referendum making this Law applicable to the
18taxing district is held, or for those taxing districts subject
19to this Law in accordance with paragraph (2) of subsection (e)
20of Section 18-213 for the 1996 levy year, or for those taxing
21districts that become subject to this Law as a result of this
22amendatory Act of the 100th General Assembly for the 2016 levy
23year, constituting an extension for payment of principal and
24interest on bonds issued by the taxing district without
25referendum, but not including excluded non-referendum bonds.
26For park districts (i) that were first subject to this Law in

 

 

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11991 or 1995 and (ii) whose extension for the 1994 levy year
2for the payment of principal and interest on bonds issued by
3the park district without referendum (but not including
4excluded non-referendum bonds) was less than 51% of the amount
5for the 1991 levy year constituting an extension for payment of
6principal and interest on bonds issued by the park district
7without referendum (but not including excluded non-referendum
8bonds), "debt service extension base" means an amount equal to
9that portion of the extension for the 1991 levy year
10constituting an extension for payment of principal and interest
11on bonds issued by the park district without referendum (but
12not including excluded non-referendum bonds). A debt service
13extension base established or increased at any time pursuant to
14any provision of this Law, except Section 18-212, shall be
15increased each year commencing with the later of (i) the 2009
16levy year or (ii) the first levy year in which this Law becomes
17applicable to the taxing district, by the lesser of 5% or the
18percentage increase in the Consumer Price Index during the
1912-month calendar year preceding the levy year. The debt
20service extension base may be established or increased as
21provided under Section 18-212. "Excluded non-referendum bonds"
22means (i) bonds authorized by Public Act 88-503 and issued
23under Section 20a of the Chicago Park District Act for aquarium
24and museum projects; (ii) bonds issued under Section 15 of the
25Local Government Debt Reform Act; or (iii) refunding
26obligations issued to refund or to continue to refund

 

 

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1obligations initially issued pursuant to referendum.
2    "Special purpose extensions" include, but are not limited
3to, extensions for levies made on an annual basis for
4unemployment and workers' compensation, self-insurance,
5contributions to pension plans, and extensions made pursuant to
6Section 6-601 of the Illinois Highway Code for a road
7district's permanent road fund whether levied annually or not.
8The extension for a special service area is not included in the
9aggregate extension.
10    "Aggregate extension base" means the taxing district's
11last preceding aggregate extension as adjusted under Sections
1218-135, 18-215, and 18-230. An adjustment under Section 18-135
13shall be made for the 2007 levy year and all subsequent levy
14years whenever one or more counties within which a taxing
15district is located (i) used estimated valuations or rates when
16extending taxes in the taxing district for the last preceding
17levy year that resulted in the over or under extension of
18taxes, or (ii) increased or decreased the tax extension for the
19last preceding levy year as required by Section 18-135(c).
20Whenever an adjustment is required under Section 18-135, the
21aggregate extension base of the taxing district shall be equal
22to the amount that the aggregate extension of the taxing
23district would have been for the last preceding levy year if
24either or both (i) actual, rather than estimated, valuations or
25rates had been used to calculate the extension of taxes for the
26last levy year, or (ii) the tax extension for the last

 

 

SB0484 Engrossed- 39 -LRB100 05148 HLH 15158 b

1preceding levy year had not been adjusted as required by
2subsection (c) of Section 18-135.
3    Notwithstanding any other provision of law, for levy year
42012, the aggregate extension base for West Northfield School
5District No. 31 in Cook County shall be $12,654,592.
6    "Levy year" has the same meaning as "year" under Section
71-155.
8    "New property" means (i) the assessed value, after final
9board of review or board of appeals action, of new improvements
10or additions to existing improvements on any parcel of real
11property that increase the assessed value of that real property
12during the levy year multiplied by the equalization factor
13issued by the Department under Section 17-30, (ii) the assessed
14value, after final board of review or board of appeals action,
15of real property not exempt from real estate taxation, which
16real property was exempt from real estate taxation for any
17portion of the immediately preceding levy year, multiplied by
18the equalization factor issued by the Department under Section
1917-30, including the assessed value, upon final stabilization
20of occupancy after new construction is complete, of any real
21property located within the boundaries of an otherwise or
22previously exempt military reservation that is intended for
23residential use and owned by or leased to a private corporation
24or other entity, (iii) in counties that classify in accordance
25with Section 4 of Article IX of the Illinois Constitution, an
26incentive property's additional assessed value resulting from

 

 

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

 

 

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

 

 

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

 

 

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1approval for an increased limiting rate on March 20, 2012, the
2limiting rate for tax year 2012 shall be the rate that
3generates the approximate total amount of taxes extendable for
4that tax year, as set forth in the proposition approved by the
5voters; this rate shall be the final rate applied by the county
6clerk for the aggregate of all capped funds of the district for
7tax year 2012.
8    "Qualified school district" means, for levy years 2017 and
92018, a school district that has been granted a financial
10hardship exemption from this amendatory Act of the 100th
11General Assembly by the State Superintendent of Education; to
12be eligible for such an exemption, one or more of the following
13criteria must apply:
14        (1) the district meets the conditions described in
15    subsection (a) of Section 1A-8 of the School Code or in
16    paragraph (3) or (5) of subsection (b) of Section 1A-8 of
17    the School Code; to determine if a school district meets
18    this criteria, the State Superintendent of Education may
19    require a school district, including any district subject
20    to Article 34A of this Code, to share financial information
21    relevant to a proper investigation of the district's
22    financial condition;
23        (2) the equalized assessed valuation used in
24    calculating the district's general State aid claim under
25    Section 18-8.05 of the School Code, or the district's
26    evidence-based funding claim under Section 18-8.15 of the

 

 

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1    School Code, as applicable, for the year in which the
2    district is applying has decreased by 10% or more compared
3    to equalized assessed valuation used for such calculations
4    in the previous school year;
5        (3) the average daily attendance used in calculating
6    the district's general State aid claim, under Section
7    18-8.05 of the School Code, or the district's
8    evidence-based funding claim under Section 18-8.15 of the
9    School Code, as applicable, for the year in which the
10    district is applying has decreased by 5% or more compared
11    to the average daily attendance used for such calculations
12    in the previous school year;
13        (4) fifty percent or more of the pupils enrolled in the
14    district qualify for free or reduced lunch;
15        (5) twenty percent or more of the pupils enrolled in
16    the district have an individualized education plan (IEP);
17        (6) the district is a Tier 1 district, as defined in
18    subparagraph (A) of subsection (g) of Section 18-8.15 of
19    the School Code; or
20        (7) the district has been designated, through the State
21    Board of Education's School District Financial Profile
22    System, as on financial watch status for fiscal year 2016.
23    After independently verifying that a district meets one or
24more of the criteria set forth in items (1) through (7), the
25State Superintendent shall notify the appropriate taxing
26authorities that the district is to be exempt from the

 

 

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1provisions of this amendatory Act of the 100th General Assembly
2for the next appropriate levy year. The exemption shall be for
3a period of one levy year. School districts may reapply on an
4annual basis to be exempt from the provisions of this
5amendatory Act of the 100th General Assembly.
6(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,
7eff. 7-27-15; 99-521, eff. 6-1-17.)
 
8    (35 ILCS 200/18-205)
9    Sec. 18-205. Referendum to increase the extension
10limitation.
11    (a) A taxing district is limited to an extension limitation
12as defined in Section 18-185 of 5% or the percentage increase
13in the Consumer Price Index during the 12-month calendar year
14preceding the levy year, whichever is less. A taxing district
15may increase its extension limitation for one or more levy
16years if that taxing district holds a referendum before the
17levy date for the first levy year at which a majority of voters
18voting on the issue approves adoption of a higher extension
19limitation. Referenda shall be conducted at a regularly
20scheduled election in accordance with the Election Code.
21    (b) The question shall be presented in substantially the
22following manner for all elections held after March 21, 2006:
23        Shall the extension limitation under the Property Tax
24    Extension Limitation Law for (insert the legal name,
25    number, if any, and county or counties of the taxing

 

 

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1    district and geographic or other common name by which a
2    school or community college district is known and referred
3    to), Illinois, be increased from (applicable extension
4    limitation set forth in Section 18-185) the lesser of 5% or
5    the percentage increase in the Consumer Price Index over
6    the prior levy year to (insert the percentage of the
7    proposed increase)% per year for (insert each levy year for
8    which the increased extension limitation will apply)?
9    (c) The votes must be recorded as "Yes" or "No".
10If a majority of voters voting on the issue approves the
11adoption of the increase, the increase shall be applicable for
12each levy year specified.
13    (d) The ballot for any question submitted pursuant to this
14Section shall have printed thereon, but not as a part of the
15question submitted, only the following supplemental
16information (which shall be supplied to the election authority
17by the taxing district) in substantially the following form:
18        (1) For the (insert the first levy year for which the
19    increased extension limitation will be applicable) levy
20    year the approximate amount of the additional tax
21    extendable against property containing a single family
22    residence and having a fair market value at the time of the
23    referendum of $100,000 is estimated to be $....
24        (2) Based upon an average annual percentage increase
25    (or decrease) in the market value of such property of ...%
26    (insert percentage equal to the average annual percentage

 

 

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

 

 

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1the time the taxing district initiates the submission of the
2proposition to the electors; (iii) the last known aggregate
3extension base of the taxing district at the time the
4submission of the question is initiated by the taxing district;
5and (iv) the difference between the percentage increase
6proposed in the question and the otherwise applicable extension
7limitation under Section 18-185 the lesser of 5% or the
8percentage increase in the Consumer Price Index for the prior
9levy year (or an estimate of the percentage increase for the
10prior levy year if the increase is unavailable at the time the
11submission of the question is initiated by the taxing
12district); and dividing the result by the last known equalized
13assessed value of the taxing district at the time the
14submission of the question is initiated by the taxing district.
15This amendatory Act of the 97th General Assembly is intended to
16clarify the existing requirements of this Section, and shall
17not be construed to validate any prior non-compliant referendum
18language. Any notice required to be published in connection
19with the submission of the question shall also contain this
20supplemental information and shall not contain any other
21supplemental information. Any error, miscalculation, or
22inaccuracy in computing any amount set forth on the ballot or
23in the notice that is not deliberate shall not invalidate or
24affect the validity of any proposition approved. Notice of the
25referendum shall be published and posted as otherwise required
26by law, and the submission of the question shall be initiated

 

 

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1as provided by law.
2(Source: P.A. 97-1087, eff. 8-24-12.)
 
3    (35 ILCS 200/18-213)
4    Sec. 18-213. Referenda on applicability of the Property Tax
5Extension Limitation Law.
6    (a) The provisions of this Section do not apply to a taxing
7district subject to this Law because a majority of its 1990
8equalized assessed value is in a county or counties contiguous
9to a county of 3,000,000 or more inhabitants, or because a
10majority of its 1994 equalized assessed value is in an affected
11county and the taxing district was not subject to this Law
12before the 1995 levy year.
13    (b) The county board of a county that is not subject to
14this Law may, by ordinance or resolution, submit to the voters
15of the county the question of whether to make all non-home rule
16taxing districts that have all or a portion of their equalized
17assessed valuation situated in the county subject to this Law
18in the manner set forth in this Section.
19    For purposes of this Section only:
20    "Taxing district" has the same meaning provided in Section
211-150.
22    "Equalized assessed valuation" means the equalized
23assessed valuation for a taxing district for the immediately
24preceding levy year.
25    (c) The ordinance or resolution shall request the

 

 

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1submission of the proposition at any election, except a
2consolidated primary election, for the purpose of voting for or
3against making the Property Tax Extension Limitation Law
4applicable to all non-home rule taxing districts that have all
5or a portion of their equalized assessed valuation situated in
6the county.
7    The question shall be placed on a separate ballot and shall
8be in substantially the following form:
9        Shall the Property Tax Extension Limitation Law (35
10    ILCS 200/18-185 through 18-245), which limits annual
11    property tax extension increases, apply to non-home rule
12    taxing districts with all or a portion of their equalized
13    assessed valuation located in (name of county)?
14Votes on the question shall be recorded as "yes" or "no".
15    (d) The county clerk shall order the proposition submitted
16to the electors of the county at the election specified in the
17ordinance or resolution. If part of the county is under the
18jurisdiction of a board or boards of election commissioners,
19the county clerk shall submit a certified copy of the ordinance
20or resolution to each board of election commissioners, which
21shall order the proposition submitted to the electors of the
22taxing district within its jurisdiction at the election
23specified in the ordinance or resolution.
24    (e) (1) With respect to taxing districts having all of
25    their equalized assessed valuation located in the county,
26    if a majority of the votes cast on the proposition are in

 

 

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

 

 

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

 

 

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1    district in any affected county shall be included with the
2    equalized assessed value of the taxing district in counties
3    that have approved the referendum.
4    (f) Immediately after a referendum is held under this
5Section, the county clerk of the county holding the referendum
6shall give notice of the referendum having been held and its
7results to all taxing districts that have all or a portion of
8their equalized assessed valuation located in the county, the
9county clerk of any other county in which any of the equalized
10assessed valuation of any taxing district is located, and the
11Department of Revenue. After the last referendum affecting a
12multi-county taxing district is held, the Department of Revenue
13shall determine whether the taxing district is subject to this
14Law and, if so, shall notify the taxing district and the county
15clerks of all of the counties in which a portion of the
16equalized assessed valuation of the taxing district is located
17that, beginning the following January 1, the taxing district is
18subject to this Law. For each taxing district subject to
19paragraph (2) of subsection (e) of this Section, the Department
20of Revenue shall notify the taxing district and the county
21clerks of all of the counties in which a portion of the
22equalized assessed valuation of the taxing district is located
23that, beginning January 1, 1997, the taxing district is subject
24to this Law.
25    (g) Referenda held under this Section shall be conducted in
26accordance with the Election Code.

 

 

SB0484 Engrossed- 54 -LRB100 05148 HLH 15158 b

1    (h) Notwithstanding any other provision of law, no
2referenda may be held under this Section with respect to levy
3years 2017 and 2018.
4(Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
 
5    (35 ILCS 200/18-214)
6    Sec. 18-214. Referenda on removal of the applicability of
7the Property Tax Extension Limitation Law to non-home rule
8taxing districts.
9    (a) The provisions of this Section do not apply to a taxing
10district that is subject to this Law because a majority of its
111990 equalized assessed value is in a county or counties
12contiguous to a county of 3,000,000 or more inhabitants, or
13because a majority of its 1994 equalized assessed value is in
14an affected county and the taxing district was not subject to
15this Law before the 1995 levy year.
16    (b) For purposes of this Section only:
17    "Taxing district" means any non-home rule taxing district
18that became subject to this Law under Section 18-213 of this
19Law.
20    "Equalized assessed valuation" means the equalized
21assessed valuation for a taxing district for the immediately
22preceding levy year.
23    (c) The county board of a county that became subject to
24this Law by a referendum approved by the voters of the county
25under Section 18-213 may, by ordinance or resolution, in the

 

 

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1manner set forth in this Section, submit to the voters of the
2county the question of whether this Law applies to all non-home
3rule taxing districts that have all or a portion of their
4equalized assessed valuation situated in the county in the
5manner set forth in this Section.
6    (d) The ordinance or resolution shall request the
7submission of the proposition at any election, except a
8consolidated primary election, for the purpose of voting for or
9against the continued application of the Property Tax Extension
10Limitation Law to all non-home rule taxing districts that have
11all or a portion of their equalized assessed valuation situated
12in the county.
13    The question shall be placed on a separate ballot and shall
14be in substantially the following form:
15        Shall the Property Tax Extension Limitation Law (35
16    ILCS 200/18-185 through 35 ILCS 200/18-245), which limits
17    annual property tax extension increases, apply to non-home
18    rule taxing districts with all or a portion of their
19    equalized assessed valuation located in (name of county)?
20Votes on the question shall be recorded as "yes" or "no".
21    (e) The county clerk shall order the proposition submitted
22to the electors of the county at the election specified in the
23ordinance or resolution. If part of the county is under the
24jurisdiction of a board or boards of election commissioners,
25the county clerk shall submit a certified copy of the ordinance
26or resolution to each board of election commissioners, which

 

 

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

 

 

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

 

 

SB0484 Engrossed- 58 -LRB100 05148 HLH 15158 b

1    (i) Notwithstanding any other provision of law, no
2referenda may be held under this Section with respect to levy
3years 2017 and 2018.
4(Source: P.A. 89-718, eff. 3-7-97.)
 
5    Section 95. No acceleration or delay. Where this Act makes
6changes in a statute that is represented in this Act by text
7that is not yet or no longer in effect (for example, a Section
8represented by multiple versions), the use of that text does
9not accelerate or delay the taking effect of (i) the changes
10made by this Act or (ii) provisions derived from any other
11Public Act.
 
12    Section 99. Effective date. This Act takes effect upon
13becoming law.