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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 and 18-190 and by adding Section 18-190.3 as
6follows:
 
7    (35 ILCS 200/18-185)
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" means (a) the lesser of 5% or the
15percentage increase in the Consumer Price Index during the
1612-month calendar year preceding the levy year or (b) the rate
17of increase approved by voters under Section 18-205.
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

 

 

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

 

 

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

 

 

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1special education joint agreement under Section 10-22.31 of the
2School Code, for payment of the school district's share of the
3amounts required to be contributed by the Special Education
4District of Lake County to the Illinois Municipal Retirement
5Fund under Article 7 of the Illinois Pension Code; the amount
6of any extension under this item (k) shall be certified by the
7school district to the county clerk; (l) made to fund expenses
8of providing joint recreational programs for the handicapped
9under Section 5-8 of the Park District Code or Section 11-95-14
10of the Illinois Municipal Code; (m) made for temporary
11relocation loan repayment purposes pursuant to Sections 2-3.77
12and 17-2.2d of the School Code; (n) made for payment of
13principal and interest on any bonds issued under the authority
14of Section 17-2.2d of the School Code; (o) made for
15contributions to a firefighter's pension fund created under
16Article 4 of the Illinois Pension Code, to the extent of the
17amount certified under item (5) of Section 4-134 of the
18Illinois Pension Code; and (p) made for road purposes in the
19first year after a township assumes the rights, powers, duties,
20assets, property, liabilities, obligations, and
21responsibilities of a road district abolished under the
22provisions of Section 6-133 of the Illinois Highway Code.
23    "Aggregate extension" for the taxing districts to which
24this Law did not apply before the 1995 levy year (except taxing
25districts subject to this Law in accordance with Section
2618-213) means 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 March 1,
71995; (c) made for any taxing district to pay interest or
8principal on bonds issued to refund or continue to refund those
9bonds issued before March 1, 1995; (d) made for any taxing
10district to pay interest or principal on bonds issued to refund
11or continue to refund bonds issued after March 1, 1995 that
12were approved by referendum; (e) made for any taxing district
13to pay interest or principal on revenue bonds issued before
14March 1, 1995 for payment of which a property tax levy or the
15full faith and credit of the unit of local government is
16pledged; however, a tax for the payment of interest or
17principal on those bonds shall be made only after the governing
18body of the unit of local government finds that all other
19sources for payment are insufficient to make those payments;
20(f) made for payments under a building commission lease when
21the lease payments are for the retirement of bonds issued by
22the commission before March 1, 1995 to pay for the building
23project; (g) made for payments due under installment contracts
24entered into before March 1, 1995; (h) made for payments of
25principal and interest on bonds issued under the Metropolitan
26Water Reclamation District Act to finance construction

 

 

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1projects initiated before October 1, 1991; (h-4) made for
2stormwater management purposes by the Metropolitan Water
3Reclamation District of Greater Chicago under Section 12 of the
4Metropolitan Water Reclamation District Act; (i) made for
5payments of principal and interest on limited bonds, as defined
6in Section 3 of the Local Government Debt Reform Act, in an
7amount not to exceed the debt service extension base less the
8amount in items (b), (c), and (e) of this definition for
9non-referendum obligations, except obligations initially
10issued pursuant to referendum and bonds described in subsection
11(h) of this definition; (j) made for payments of principal and
12interest on bonds issued under Section 15 of the Local
13Government Debt Reform Act; (k) made for payments of principal
14and interest on bonds authorized by Public Act 88-503 and
15issued under Section 20a of the Chicago Park District Act for
16aquarium or museum projects; (l) made for payments of principal
17and interest on bonds authorized by Public Act 87-1191 or
1893-601 and (i) issued pursuant to Section 21.2 of the Cook
19County Forest Preserve District Act, (ii) issued under Section
2042 of the Cook County Forest Preserve District Act for
21zoological park projects, or (iii) issued under Section 44.1 of
22the Cook County Forest Preserve District Act for botanical
23gardens projects; (m) made pursuant to Section 34-53.5 of the
24School Code, whether levied annually or not; (n) made to fund
25expenses of providing joint recreational programs for the
26handicapped under Section 5-8 of the Park District Code or

 

 

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1Section 11-95-14 of the Illinois Municipal Code; (o) made by
2the Chicago Park District for recreational programs for the
3handicapped under subsection (c) of Section 7.06 of the Chicago
4Park District Act; (p) made for contributions to a
5firefighter's pension fund created under Article 4 of the
6Illinois Pension Code, to the extent of the amount certified
7under item (5) of Section 4-134 of the Illinois Pension Code;
8and (q) made by Ford Heights School District 169 under Section
917-9.02 of the School Code.
10    "Aggregate extension" for all taxing districts to which
11this Law applies in accordance with Section 18-213, except for
12those taxing districts subject to paragraph (2) of subsection
13(e) of Section 18-213, means the annual corporate extension for
14the taxing district and those special purpose extensions that
15are made annually for the taxing district, excluding special
16purpose extensions: (a) made for the taxing district to pay
17interest or principal on general obligation bonds that were
18approved by referendum; (b) made for any taxing district to pay
19interest or principal on general obligation bonds issued before
20the date on which the referendum making this Law applicable to
21the taxing district is held; (c) made for any taxing district
22to pay interest or principal on bonds issued to refund or
23continue to refund those bonds issued before the date on which
24the referendum making this Law applicable to the taxing
25district is held; (d) made for any taxing district to pay
26interest or principal on bonds issued to refund or continue to

 

 

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

 

 

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1for payments of principal and interest on bonds issued under
2Section 15 of the Local Government Debt Reform Act; (j) made
3for a qualified airport authority to pay interest or principal
4on general obligation bonds issued for the purpose of paying
5obligations due under, or financing airport facilities
6required to be acquired, constructed, installed or equipped
7pursuant to, contracts entered into before March 1, 1996 (but
8not including any amendments to such a contract taking effect
9on or after that date); (k) made to fund expenses of providing
10joint recreational programs for the handicapped under Section
115-8 of the Park District Code or Section 11-95-14 of the
12Illinois Municipal Code; (l) made for contributions to a
13firefighter's pension fund created under Article 4 of the
14Illinois Pension Code, to the extent of the amount certified
15under item (5) of Section 4-134 of the Illinois Pension Code;
16and (m) made for the taxing district to pay interest or
17principal on general obligation bonds issued pursuant to
18Section 19-3.10 of the School Code.
19    "Aggregate extension" for all taxing districts to which
20this Law applies in accordance with paragraph (2) of subsection
21(e) of Section 18-213 means the annual corporate extension for
22the taxing district and those special purpose extensions that
23are made annually for the taxing district, excluding special
24purpose extensions: (a) made for the taxing district to pay
25interest or principal on general obligation bonds that were
26approved by referendum; (b) made for any taxing district to pay

 

 

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

 

 

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1extension base less the amount in items (b), (c), and (e) of
2this definition for non-referendum obligations, except
3obligations initially issued pursuant to referendum; (i) made
4for payments of principal and interest on bonds issued under
5Section 15 of the Local Government Debt Reform Act; (j) made
6for a qualified airport authority to pay interest or principal
7on general obligation bonds issued for the purpose of paying
8obligations due under, or financing airport facilities
9required to be acquired, constructed, installed or equipped
10pursuant to, contracts entered into before March 1, 1996 (but
11not including any amendments to such a contract taking effect
12on or after that date); (k) made to fund expenses of providing
13joint recreational programs for the handicapped under Section
145-8 of the Park District Code or Section 11-95-14 of the
15Illinois Municipal Code; and (l) made for contributions to a
16firefighter's pension fund created under Article 4 of the
17Illinois Pension Code, to the extent of the amount certified
18under item (5) of Section 4-134 of the Illinois Pension Code.
19    "Debt service extension base" means an amount equal to that
20portion of the extension for a taxing district for the 1994
21levy year, or for those taxing districts subject to this Law in
22accordance with Section 18-213, except for those subject to
23paragraph (2) of subsection (e) of Section 18-213, for the levy
24year in which the referendum making this Law applicable to the
25taxing district is held, or for those taxing districts subject
26to this Law in accordance with paragraph (2) of subsection (e)

 

 

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1of Section 18-213 for the 1996 levy year, constituting an
2extension for payment of principal and interest on bonds issued
3by the taxing district without referendum, but not including
4excluded non-referendum bonds. For park districts (i) that were
5first subject to this Law in 1991 or 1995 and (ii) whose
6extension for the 1994 levy year for the payment of principal
7and interest on bonds issued by the park district without
8referendum (but not including excluded non-referendum bonds)
9was less than 51% of the amount 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), "debt service
13extension base" means an amount equal to that portion of the
14extension for the 1991 levy year constituting an extension for
15payment of principal and interest on bonds issued by the park
16district without referendum (but not including excluded
17non-referendum bonds). A debt service extension base
18established or increased at any time pursuant to any provision
19of this Law, except Section 18-212, shall be increased each
20year commencing with the later of (i) the 2009 levy year or
21(ii) the first levy year in which this Law becomes applicable
22to the taxing district, by the lesser of 5% or the percentage
23increase in the Consumer Price Index during the 12-month
24calendar year preceding the levy year. The debt service
25extension base may be established or increased as provided
26under Section 18-212. "Excluded non-referendum bonds" means

 

 

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1(i) bonds authorized by Public Act 88-503 and issued under
2Section 20a of the Chicago Park District Act for aquarium and
3museum projects; (ii) bonds issued under Section 15 of the
4Local Government Debt Reform Act; or (iii) refunding
5obligations issued to refund or to continue to refund
6obligations initially issued pursuant to referendum.
7    "Special purpose extensions" include, but are not limited
8to, extensions for levies made on an annual basis for
9unemployment and workers' compensation, self-insurance,
10contributions to pension plans, and extensions made pursuant to
11Section 6-601 of the Illinois Highway Code for a road
12district's permanent road fund whether levied annually or not.
13The extension for a special service area is not included in the
14aggregate extension.
15    "Aggregate extension base" means the taxing district's
16last preceding aggregate extension as adjusted under Sections
1718-135, 18-215, and 18-230. An adjustment under Section 18-135
18shall be made for the 2007 levy year and all subsequent levy
19years whenever one or more counties within which a taxing
20district is located (i) used estimated valuations or rates when
21extending taxes in the taxing district for the last preceding
22levy year that resulted in the over or under extension of
23taxes, or (ii) increased or decreased the tax extension for the
24last preceding levy year as required by Section 18-135(c).
25Whenever an adjustment is required under Section 18-135, the
26aggregate extension base of the taxing district shall be equal

 

 

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1to the amount that the aggregate extension of the taxing
2district would have been for the last preceding levy year if
3either or both (i) actual, rather than estimated, valuations or
4rates had been used to calculate the extension of taxes for the
5last levy year, or (ii) the tax extension for the last
6preceding levy year had not been adjusted as required by
7subsection (c) of Section 18-135.
8    "Levy year" has the same meaning as "year" under Section
91-155.
10    "New property" means (i) the assessed value, after final
11board of review or board of appeals action, of new improvements
12or additions to existing improvements on any parcel of real
13property that increase the assessed value of that real property
14during the levy year multiplied by the equalization factor
15issued by the Department under Section 17-30, (ii) the assessed
16value, after final board of review or board of appeals action,
17of real property not exempt from real estate taxation, which
18real property was exempt from real estate taxation for any
19portion of the immediately preceding levy year, multiplied by
20the equalization factor issued by the Department under Section
2117-30, including the assessed value, upon final stabilization
22of occupancy after new construction is complete, of any real
23property located within the boundaries of an otherwise or
24previously exempt military reservation that is intended for
25residential use and owned by or leased to a private corporation
26or other entity, and (iii) in counties that classify in

 

 

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1accordance with Section 4 of Article IX of the Illinois
2Constitution, an incentive property's additional assessed
3value resulting from a scheduled increase in the level of
4assessment as applied to the first year final board of review
5market value. In addition, the county clerk in a county
6containing a population of 3,000,000 or more shall include in
7the 1997 recovered tax increment value for any school district,
8any recovered tax increment value that was applicable to the
91995 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.
10If an increase in the district's aggregate extension has been
11approved by referendum on or after January 1, 2014, then, for
12the year for which the increase has been approved, the limiting
13rate for that district shall be a fraction, the numerator of
14which is the sum of (i) the last preceding aggregate extension
15base times an amount equal to one plus the extension limitation
16defined in this Section and (ii) the amount of the increase
17approved by referendum under Section 18-190.3 of this Law, and
18the denominator of which is the current year's equalized
19assessed value of all real property in the territory under the
20jurisdiction of the taxing district during the prior levy year.
21For those taxing districts that reduced their aggregate
22extension for the last preceding levy year, the highest
23aggregate extension in any of the last 3 preceding levy years
24shall be used for the purpose of computing the limiting rate.
25The denominator shall not include new property or the recovered
26tax increment value. If a new rate, a rate decrease, or a

 

 

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1limiting rate increase has been approved at an election held
2after March 21, 2006, then (i) the otherwise applicable
3limiting rate shall be increased by the amount of the new rate
4or shall be reduced by the amount of the rate decrease, as the
5case may be, or (ii) in the case of a limiting rate increase,
6the limiting rate shall be equal to the rate set forth in the
7proposition approved by the voters for each of the years
8specified in the proposition, after which the limiting rate of
9the taxing district shall be calculated as otherwise provided.
10(Source: P.A. 96-501, eff. 8-14-09; 96-517, eff. 8-14-09;
1196-1000, eff. 7-2-10; 96-1202, eff. 7-22-10; 97-611, eff.
121-1-12.)
 
13    (35 ILCS 200/18-190)
14    Sec. 18-190. Direct referendum; new rate or increased
15limiting rate.
16    (a) If a new rate is authorized by statute to be imposed
17without referendum or is subject to a backdoor referendum, as
18defined in Section 28-2 of the Election Code, the governing
19body of the affected taxing district before levying the new
20rate shall submit the new rate to direct referendum under the
21provisions of this Section and of Article 28 of the Election
22Code. Notwithstanding the provisions, requirements, or
23limitations of any other law, any tax levied for the 2005 levy
24year and all subsequent levy years by any taxing district
25subject to this Law may be extended at a rate exceeding the

 

 

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1rate established for that tax by referendum or statute,
2provided that the rate does not exceed the statutory ceiling
3above which the tax is not authorized to be further increased
4either by referendum or in any other manner. Notwithstanding
5the provisions, requirements, or limitations of any other law,
6all taxing districts subject to this Law shall follow the
7provisions of this Section whenever seeking referenda approval
8after March 21, 2006 to (i) levy a new tax rate authorized by
9statute or (ii) increase the limiting rate applicable to the
10taxing district. Notwithstanding any other provision of law, no
11referendum to increase a limiting rate may be submitted to the
12voters on or after January 1, 2014. All taxing districts
13subject to this Law are authorized to seek referendum approval
14of each proposition described and set forth in this Section.
15    The proposition seeking to obtain referendum approval to
16levy a new tax rate as authorized in clause (i) shall be in
17substantially the following form:
18        Shall ... (insert legal name, number, if any, and
19    county or counties of taxing district and geographic or
20    other common name by which a school or community college
21    district is known and referred to), Illinois, be authorized
22    to levy a new tax for ... purposes and have an additional
23    tax of ...% of the equalized assessed value of the taxable
24    property therein extended for such purposes?
25The votes must be recorded as "Yes" or "No".
26    The proposition seeking to obtain referendum approval to

 

 

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1increase the limiting rate as authorized in clause (ii) shall
2be in substantially the following form:
3        Shall the limiting rate under the Property Tax
4    Extension Limitation Law for ... (insert legal name,
5    number, if any, and county or counties of taxing district
6    and geographic or other common name by which a school or
7    community college district is known and referred to),
8    Illinois, be increased by an additional amount equal to
9    ...% above the limiting rate for the purpose of...(insert
10    purpose) for levy year ... (insert the most recent levy
11    year for which the limiting rate of the taxing district is
12    known at the time the submission of the proposition is
13    initiated by the taxing district) and be equal to ...% of
14    the equalized assessed value of the taxable property
15    therein for levy year(s) (insert each levy year for which
16    the increase will be applicable, which years must be
17    consecutive and may not exceed 4)?
18    The votes must be recorded as "Yes" or "No".
19    The ballot for any proposition submitted pursuant to this
20Section shall have printed thereon, but not as a part of the
21proposition submitted, only the following supplemental
22information (which shall be supplied to the election authority
23by the taxing district) in substantially the following form:
24        (1) The approximate amount of taxes extendable at the
25    most recently extended limiting rate is $..., and the
26    approximate amount of taxes extendable if the proposition

 

 

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1    is approved is $....
2        (2) For the ... (insert the first levy year for which
3    the new rate or increased limiting rate will be applicable)
4    levy year the approximate amount of the additional tax
5    extendable against property containing a single family
6    residence and having a fair market value at the time of the
7    referendum of $100,000 is estimated to be $....
8        (3) Based upon an average annual percentage increase
9    (or decrease) in the market value of such property of %...
10    (insert percentage equal to the average annual percentage
11    increase or decrease for the prior 3 levy years, at the
12    time the submission of the proposition is initiated by the
13    taxing district, in the amount of (A) the equalized
14    assessed value of the taxable property in the taxing
15    district less (B) the new property included in the
16    equalized assessed value), the approximate amount of the
17    additional tax extendable against such property for the ...
18    levy year is estimated to be $... and for the ... levy year
19    is estimated to be $ ....
20        (4) If the proposition is approved, the aggregate
21    extension for ... (insert each levy year for which the
22    increase will apply) will be determined by the limiting
23    rate set forth in the proposition, rather than the
24    otherwise applicable limiting rate calculated under the
25    provisions of the Property Tax Extension Limitation Law
26    (commonly known as the Property Tax Cap Law).

 

 

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1The approximate amount of taxes extendable shown in paragraph
2(1) shall be computed upon the last known equalized assessed
3value of taxable property in the taxing district (at the time
4the submission of the proposition is initiated by the taxing
5district). Paragraph (3) shall be included only if the
6increased limiting rate will be applicable for more than one
7levy year and shall list each levy year for which the increased
8limiting rate will be applicable. The additional tax shown for
9each levy year shall be the approximate dollar amount of the
10increase over the amount of the most recently completed
11extension at the time the submission of the proposition is
12initiated by the taxing district. The approximate amount of the
13additional taxes extendable shown in paragraphs (2) and (3)
14shall be calculated by multiplying $100,000 (the fair market
15value of the property without regard to any property tax
16exemptions) by (i) the percentage level of assessment
17prescribed for that property by statute, or by ordinance of the
18county board in counties that classify property for purposes of
19taxation in accordance with Section 4 of Article IX of the
20Illinois Constitution; (ii) the most recent final equalization
21factor certified to the county clerk by the Department of
22Revenue at the time the taxing district initiates the
23submission of the proposition to the electors; and (iii) either
24the new rate or the amount by which the limiting rate is to be
25increased. This amendatory Act of the 97th General Assembly is
26intended to clarify the existing requirements of this Section,

 

 

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1and shall not be construed to validate any prior non-compliant
2referendum language. Paragraph (4) shall be included if the
3proposition concerns a limiting rate increase but shall not be
4included if the proposition concerns a new rate. Any notice
5required to be published in connection with the submission of
6the proposition shall also contain this supplemental
7information and shall not contain any other supplemental
8information regarding the proposition. Any error,
9miscalculation, or inaccuracy in computing any amount set forth
10on the ballot and in the notice that is not deliberate shall
11not invalidate or affect the validity of any proposition
12approved. Notice of the referendum shall be published and
13posted as otherwise required by law, and the submission of the
14proposition shall be initiated as provided by law.
15    If a majority of all ballots cast on the proposition are in
16favor of the proposition, the following provisions shall be
17applicable to the extension of taxes for the taxing district:
18        (A) a new tax rate shall be first effective for the
19    levy year in which the new rate is approved;
20        (B) if the proposition provides for a new tax rate, the
21    taxing district is authorized to levy a tax after the
22    canvass of the results of the referendum by the election
23    authority for the purposes for which the tax is authorized;
24        (C) a limiting rate increase shall be first effective
25    for the levy year in which the limiting rate increase is
26    approved, provided that the taxing district may elect to

 

 

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1    have a limiting rate increase be effective for the levy
2    year prior to the levy year in which the limiting rate
3    increase is approved unless the extension of taxes for the
4    prior levy year occurs 30 days or less after the canvass of
5    the results of the referendum by the election authority in
6    any county in which the taxing district is located;
7        (D) in order for the limiting rate increase to be first
8    effective for the levy year prior to the levy year of the
9    referendum, the taxing district must certify its election
10    to have the limiting rate increase be effective for the
11    prior levy year to the clerk of each county in which the
12    taxing district is located not more than 2 days after the
13    date the results of the referendum are canvassed by the
14    election authority; and
15        (E) if the proposition provides for a limiting rate
16    increase, the increase may be effective regardless of
17    whether the proposition is approved before or after the
18    taxing district adopts or files its levy for any levy year.
19    Rates required to extend taxes on levies subject to a
20backdoor referendum in each year there is a levy are not new
21rates or rate increases under this Section if a levy has been
22made for the fund in one or more of the preceding 3 levy years.
23Changes made by this amendatory Act of 1997 to this Section in
24reference to rates required to extend taxes on levies subject
25to a backdoor referendum in each year there is a levy are
26declarative of existing law and not a new enactment.

 

 

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1    (b) Whenever other applicable law authorizes a taxing
2district subject to the limitation with respect to its
3aggregate extension provided for in this Law to issue bonds or
4other obligations either without referendum or subject to
5backdoor referendum, the taxing district may elect for each
6separate bond issuance to submit the question of the issuance
7of the bonds or obligations directly to the voters of the
8taxing district, and if the referendum passes the taxing
9district is not required to comply with any backdoor referendum
10procedures or requirements set forth in the other applicable
11law. The direct referendum shall be initiated by ordinance or
12resolution of the governing body of the taxing district, and
13the question shall be certified to the proper election
14authorities in accordance with the provisions of the Election
15Code.
16(Source: P.A. 96-764, eff. 8-25-09; 97-1087, eff. 8-24-12.)
 
17    (35 ILCS 200/18-190.3 new)
18    Sec. 18-190.3. Direct referendum; increased aggregate
19extension. Notwithstanding the provisions, requirements, or
20limitations of any other law, all taxing districts subject to
21this Law shall follow the provisions of this Section whenever
22seeking referendum approval on or after January 1, 2014 to
23increase the aggregate extension applicable to the taxing
24district.
25    The proposition seeking to obtain referendum approval to

 

 

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1increase the aggregate extension shall be in substantially the
2following form:
3        "Shall the aggregate extension under the Property Tax
4    Extension Limitation Law for...(insert legal name, number,
5    if any, and county or counties of taxing district and
6    geographic or other common name by which a school or
7    community college district is known and referred to),
8    Illinois, be increased by (insert the amount of increase
9    sought) for levy year...(insert the levy year for which the
10    increase will take effect)?"
11    The votes must be recorded as "Yes" or "No".
12    The ballot for any proposition submitted pursuant to this
13Section shall have printed thereon, but not as a part of the
14proposition submitted, only the following supplemental
15information (which shall be supplied to the election authority
16by the taxing district) in substantially the following form:
17        "(1) The amount of taxes extended which were subject to
18    the Property Tax Cap (Property Tax Extension Limitation
19    Law) in levy year (insert most recent levy year) was
20    (insert the most recent levy year's aggregate extension
21    base). If the proposition is not approved, then the taxing
22    district may increase its extension by the lesser of 5% or
23    the percentage increase in the Consumer Price Index during
24    the 12-month calendar year preceding (insert levy year). If
25    the proposition is approved, then the taxing district may
26    increase its extension in levy year (insert levy year) by

 

 

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1    an additional (insert the amount of increase sought).
2        (2) For the...(insert levy year for which the increase
3    will be applicable) levy year, the approximate amount of
4    the additional tax extendable against property containing
5    a single family residence and having a fair market value at
6    the time of the referendum of $100,000 is estimated to be
7    (insert amount).".
8    The approximate amount of the additional taxes extendable
9shown in paragraph (2) shall be calculated by multiplying
10$100,000 (the fair market value of the property without regard
11to any property tax exemptions) by (i) the percentage level of
12assessment prescribed for that property by statute, or by
13ordinance of the county board in counties that classify
14property for purposes of taxation in accordance with Section 4
15of Article IX of the Illinois Constitution; (ii) the most
16recent final equalization factor certified to the county clerk
17by the Department of Revenue at the time the taxing district
18initiates the submission of the proposition to the electors;
19and (iii) the increase in the aggregate extension proposed in
20the question; and dividing the result by the last known
21equalized assessed value of the taxing district at the time the
22submission of the question is initiated by the taxing district.
23Any notice required to be published in connection with the
24submission of the proposition shall also contain this
25supplemental information and shall not contain any other
26supplemental information regarding the proposition. Any error,

 

 

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1miscalculation, or inaccuracy in computing any amount set forth
2on the ballot and in the notice that is not deliberate shall
3not invalidate or affect the validity of any proposition
4approved. Notice of the referendum shall be published and
5posted as otherwise required by law, and the submission of the
6proposition shall be initiated as provided by law.
7    If a majority of all ballots cast on the proposition are in
8favor of the proposition, then the district may increase its
9aggregate extension as provided in the referendum.
 
10    Section 99. Effective date. This Act takes effect upon
11becoming law.