101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB2428

 

Introduced , by Rep. Allen Skillicorn

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/18-185

    Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that if (i) the total equalized assessed value of all taxable property in the taxing district for the current levy year is less than the total equalized assessed value of all taxable property in the taxing district for the previous levy year, or (ii) the median equalized assessed value of all taxable property in the taxing district for the current levy year and the 2 levy years immediately preceding the current levy year is less than the median equalized assessed value of all taxable property in the taxing district for the 3 levy years immediately preceding that 3-year period, then the extension limitation is (a) 0% or (b) the rate of increase approved by voters (instead of the lesser of 5% or the percentage increase in the Consumer Price Index during the 12-month calendar year preceding the levy year or the rate of increase approved by the voters). Effective immediately.


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

 

 

A BILL FOR

 

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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 18-205 as follows:
 
6    (35 ILCS 200/18-185)
7    Sec. 18-185. Short title; definitions. This Division 5 may
8be cited as the Property Tax Extension Limitation Law. As used
9in this Division 5:
10    "Consumer Price Index" means the Consumer Price Index for
11All Urban Consumers for all items published by the United
12States Department of Labor.
13    "Extension limitation" means (a) the lesser of 5% or the
14percentage increase in the Consumer Price Index during the
1512-month calendar year preceding the levy year or (b) the rate
16of increase approved by voters under Section 18-205.
17Notwithstanding any other provision of law, if (i) the total
18equalized assessed value of all taxable property in the taxing
19district for the current levy year is less than the total
20equalized assessed value of all taxable property in the taxing
21district for the previous levy year, or (ii) the median
22equalized assessed value of all taxable property in the taxing
23district for the current levy year and the 2 levy years

 

 

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1immediately preceding the current levy year is less than the
2median equalized assessed value of all taxable property in the
3taxing district for the 3 levy years immediately preceding that
43-year period, then the extension limitation is (a) 0% or (b)
5the rate of increase approved by voters under Section 18-205.
6For the purposes of this paragraph, "equalized assessed value"
7does not include new property, recovered tax increment value,
8or property that is annexed to or disconnected from the taxing
9district in the applicable levy year.
10    "Affected county" means a county of 3,000,000 or more
11inhabitants or a county contiguous to a county of 3,000,000 or
12more inhabitants.
13    "Taxing district" has the same meaning provided in Section
141-150, except as otherwise provided in this Section. For the
151991 through 1994 levy years only, "taxing district" includes
16only each non-home rule taxing district having the majority of
17its 1990 equalized assessed value within any county or counties
18contiguous to a county with 3,000,000 or more inhabitants.
19Beginning with the 1995 levy year, "taxing district" includes
20only each non-home rule taxing district subject to this Law
21before the 1995 levy year and each non-home rule taxing
22district not subject to this Law before the 1995 levy year
23having the majority of its 1994 equalized assessed value in an
24affected county or counties. Beginning with the levy year in
25which this Law becomes applicable to a taxing district as
26provided in Section 18-213, "taxing district" also includes

 

 

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1those taxing districts made subject to this Law as provided in
2Section 18-213.
3    "Aggregate extension" for taxing districts to which this
4Law applied before the 1995 levy year means the annual
5corporate extension for the taxing district and those special
6purpose extensions that are made annually for the taxing
7district, excluding special purpose extensions: (a) made for
8the taxing district to pay interest or principal on general
9obligation bonds that were approved by referendum; (b) made for
10any taxing district to pay interest or principal on general
11obligation bonds issued before October 1, 1991; (c) made for
12any taxing district to pay interest or principal on bonds
13issued to refund or continue to refund those bonds issued
14before October 1, 1991; (d) made for any taxing district to pay
15interest or principal on bonds issued to refund or continue to
16refund bonds issued after October 1, 1991 that were approved by
17referendum; (e) made for any taxing district to pay interest or
18principal on revenue bonds issued before October 1, 1991 for
19payment of which a property tax levy or the full faith and
20credit of the unit of local government is pledged; however, a
21tax for the payment of interest or principal on those bonds
22shall be made only after the governing body of the unit of
23local government finds that all other sources for payment are
24insufficient to make those payments; (f) made for payments
25under a building commission lease when the lease payments are
26for the retirement of bonds issued by the commission before

 

 

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1October 1, 1991, to pay for the building project; (g) made for
2payments due under installment contracts entered into before
3October 1, 1991; (h) made for payments of principal and
4interest on bonds issued under the Metropolitan Water
5Reclamation District Act to finance construction projects
6initiated before October 1, 1991; (i) made for payments of
7principal and interest on limited bonds, as defined in Section
83 of the Local Government Debt Reform Act, in an amount not to
9exceed the debt service extension base less the amount in items
10(b), (c), (e), and (h) of this definition for non-referendum
11obligations, except obligations initially issued pursuant to
12referendum; (j) made for payments of principal and interest on
13bonds issued under Section 15 of the Local Government Debt
14Reform Act; (k) made by a school district that participates in
15the Special Education District of Lake County, created by
16special education joint agreement under Section 10-22.31 of the
17School Code, for payment of the school district's share of the
18amounts required to be contributed by the Special Education
19District of Lake County to the Illinois Municipal Retirement
20Fund under Article 7 of the Illinois Pension Code; the amount
21of any extension under this item (k) shall be certified by the
22school district to the county clerk; (l) made to fund expenses
23of providing joint recreational programs for persons with
24disabilities under Section 5-8 of the Park District Code or
25Section 11-95-14 of the Illinois Municipal Code; (m) made for
26temporary relocation loan repayment purposes pursuant to

 

 

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1Sections 2-3.77 and 17-2.2d of the School Code; (n) made for
2payment of principal and interest on any bonds issued under the
3authority of Section 17-2.2d of the School Code; (o) made for
4contributions to a firefighter's pension fund created under
5Article 4 of the Illinois Pension Code, to the extent of the
6amount certified under item (5) of Section 4-134 of the
7Illinois Pension Code; and (p) made for road purposes in the
8first year after a township assumes the rights, powers, duties,
9assets, property, liabilities, obligations, and
10responsibilities of a road district abolished under the
11provisions of Section 6-133 of the Illinois Highway Code.
12    "Aggregate extension" for the taxing districts to which
13this Law did not apply before the 1995 levy year (except taxing
14districts subject to this Law in accordance with Section
1518-213) means the annual corporate extension for the taxing
16district and those special purpose extensions that are made
17annually for the taxing district, excluding special purpose
18extensions: (a) made for the taxing district to pay interest or
19principal on general obligation bonds that were approved by
20referendum; (b) made for any taxing district to pay interest or
21principal on general obligation bonds issued before March 1,
221995; (c) made for any taxing district to pay interest or
23principal on bonds issued to refund or continue to refund those
24bonds issued before March 1, 1995; (d) made for any taxing
25district to pay interest or principal on bonds issued to refund
26or continue to refund bonds issued after March 1, 1995 that

 

 

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

 

 

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1interest on bonds issued under Section 15 of the Local
2Government Debt Reform Act; (k) made for payments of principal
3and interest on bonds authorized by Public Act 88-503 and
4issued under Section 20a of the Chicago Park District Act for
5aquarium or museum projects; (l) made for payments of principal
6and interest on bonds authorized by Public Act 87-1191 or
793-601 and (i) issued pursuant to Section 21.2 of the Cook
8County Forest Preserve District Act, (ii) issued under Section
942 of the Cook County Forest Preserve District Act for
10zoological park projects, or (iii) issued under Section 44.1 of
11the Cook County Forest Preserve District Act for botanical
12gardens projects; (m) made pursuant to Section 34-53.5 of the
13School Code, whether levied annually or not; (n) made to fund
14expenses of providing joint recreational programs for persons
15with disabilities under Section 5-8 of the Park District Code
16or Section 11-95-14 of the Illinois Municipal Code; (o) made by
17the Chicago Park District for recreational programs for persons
18with disabilities under subsection (c) of Section 7.06 of the
19Chicago Park District Act; (p) made for contributions to a
20firefighter's pension fund created under Article 4 of the
21Illinois Pension Code, to the extent of the amount certified
22under item (5) of Section 4-134 of the Illinois Pension Code;
23(q) made by Ford Heights School District 169 under Section
2417-9.02 of the School Code; and (r) made for the purpose of
25making employer contributions to the Public School Teachers'
26Pension and Retirement Fund of Chicago under Section 34-53 of

 

 

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1the School Code.
2    "Aggregate extension" for all taxing districts to which
3this Law applies in accordance with Section 18-213, except for
4those taxing districts subject to paragraph (2) of subsection
5(e) of Section 18-213, means the annual corporate extension for
6the taxing district and those special purpose extensions that
7are made annually for the taxing district, excluding special
8purpose extensions: (a) made for the taxing district to pay
9interest or principal on general obligation bonds that were
10approved by referendum; (b) made for any taxing district to pay
11interest or principal on general obligation bonds issued before
12the date on which the referendum making this Law applicable to
13the taxing district is held; (c) made for any taxing district
14to pay interest or principal on bonds issued to refund or
15continue to refund those bonds issued before the date on which
16the referendum making this Law applicable to the taxing
17district is held; (d) made for any taxing district to pay
18interest or principal on bonds issued to refund or continue to
19refund bonds issued after the date on which the referendum
20making this Law applicable to the taxing district is held if
21the bonds were approved by referendum after the date on which
22the referendum making this Law applicable to the taxing
23district is held; (e) made for any taxing district to pay
24interest or principal on revenue bonds issued before the date
25on which the referendum making this Law applicable to the
26taxing district is held for payment of which a property tax

 

 

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

 

 

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1on or after that date); (k) made to fund expenses of providing
2joint recreational programs for persons with disabilities
3under Section 5-8 of the Park District Code or Section 11-95-14
4of the Illinois Municipal Code; (l) 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 (m) made for the taxing district to pay interest or
9principal on general obligation bonds issued pursuant to
10Section 19-3.10 of the School Code.
11    "Aggregate extension" for all taxing districts to which
12this Law applies in accordance with 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 effective date of this amendatory Act of 1997; (c) made for
21any taxing district to pay interest or principal on bonds
22issued to refund or continue to refund those bonds issued
23before the effective date of this amendatory Act of 1997; (d)
24made for any taxing district to pay interest or principal on
25bonds issued to refund or continue to refund bonds issued after
26the effective date of this amendatory Act of 1997 if the bonds

 

 

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1were approved by referendum after the effective date of this
2amendatory Act of 1997; (e) made for any taxing district to pay
3interest or principal on revenue bonds issued before the
4effective date of this amendatory Act of 1997 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 the effective date of
13this amendatory Act of 1997 to pay for the building project;
14(g) made for payments due under installment contracts entered
15into before the effective date of this amendatory Act of 1997;
16(h) made for payments of principal and interest on limited
17bonds, as defined in Section 3 of the Local Government Debt
18Reform Act, in an amount not to exceed the debt service
19extension base less the amount in items (b), (c), and (e) of
20this definition for non-referendum obligations, except
21obligations initially issued pursuant to referendum; (i) made
22for payments of principal and interest on bonds issued under
23Section 15 of the Local Government Debt Reform Act; (j) made
24for a qualified airport authority to pay interest or principal
25on general obligation bonds issued for the purpose of paying
26obligations due under, or financing airport facilities

 

 

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1required to be acquired, constructed, installed or equipped
2pursuant to, contracts entered into before March 1, 1996 (but
3not including any amendments to such a contract taking effect
4on or after that date); (k) made to fund expenses of providing
5joint recreational programs for persons with disabilities
6under Section 5-8 of the Park District Code or Section 11-95-14
7of the Illinois Municipal Code; and (l) made for contributions
8to a firefighter's pension fund created under Article 4 of the
9Illinois Pension Code, to the extent of the amount certified
10under item (5) of Section 4-134 of the Illinois Pension Code.
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, constituting an
20extension for payment of principal and interest on bonds issued
21by the taxing district without referendum, but not including
22excluded non-referendum bonds. For park districts (i) that were
23first subject to this Law in 1991 or 1995 and (ii) whose
24extension for the 1994 levy year for the payment of principal
25and interest on bonds issued by the park district without
26referendum (but not including excluded non-referendum bonds)

 

 

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

 

 

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1unemployment and workers' compensation, self-insurance,
2contributions to pension plans, and extensions made pursuant to
3Section 6-601 of the Illinois Highway Code for a road
4district's permanent road fund whether levied annually or not.
5The extension for a special service area is not included in the
6aggregate extension.
7    "Aggregate extension base" means the taxing district's
8last preceding aggregate extension as adjusted under Sections
918-135, 18-215, 18-230, and 18-206. An adjustment under Section
1018-135 shall be made for the 2007 levy year and all subsequent
11levy years whenever one or more counties within which a taxing
12district is located (i) used estimated valuations or rates when
13extending taxes in the taxing district for the last preceding
14levy year that resulted in the over or under extension of
15taxes, or (ii) increased or decreased the tax extension for the
16last preceding levy year as required by Section 18-135(c).
17Whenever an adjustment is required under Section 18-135, the
18aggregate extension base of the taxing district shall be equal
19to the amount that the aggregate extension of the taxing
20district would have been for the last preceding levy year if
21either or both (i) actual, rather than estimated, valuations or
22rates had been used to calculate the extension of taxes for the
23last levy year, or (ii) the tax extension for the last
24preceding levy year had not been adjusted as required by
25subsection (c) of Section 18-135.
26    Notwithstanding any other provision of law, for levy year

 

 

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12012, the aggregate extension base for West Northfield School
2District No. 31 in Cook County shall be $12,654,592.
3    "Levy year" has the same meaning as "year" under Section
41-155.
5    "New property" means (i) the assessed value, after final
6board of review or board of appeals action, of new improvements
7or additions to existing improvements on any parcel of real
8property that increase the assessed value of that real property
9during the levy year multiplied by the equalization factor
10issued by the Department under Section 17-30, (ii) the assessed
11value, after final board of review or board of appeals action,
12of real property not exempt from real estate taxation, which
13real property was exempt from real estate taxation for any
14portion of the immediately preceding levy year, multiplied by
15the equalization factor issued by the Department under Section
1617-30, including the assessed value, upon final stabilization
17of occupancy after new construction is complete, of any real
18property located within the boundaries of an otherwise or
19previously exempt military reservation that is intended for
20residential use and owned by or leased to a private corporation
21or other entity, (iii) in counties that classify in accordance
22with Section 4 of Article IX of the Illinois Constitution, an
23incentive property's additional assessed value resulting from
24a scheduled increase in the level of assessment as applied to
25the first year final board of review market value, and (iv) any
26increase in assessed value due to oil or gas production from an

 

 

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

 

 

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

 

 

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1    Except as otherwise provided in this Section, "limiting
2rate" means a fraction the numerator of which is the last
3preceding aggregate extension base times an amount equal to one
4plus the extension limitation defined in this Section and the
5denominator of which is the current year's equalized assessed
6value of all real property in the territory under the
7jurisdiction of the taxing district during the prior levy year.
8For those taxing districts that reduced their aggregate
9extension for the last preceding levy year, except for school
10districts that reduced their extension for educational
11purposes pursuant to Section 18-206, the highest aggregate
12extension in any of the last 3 preceding levy years shall be
13used for the purpose of computing the limiting rate. The
14denominator shall not include new property or the recovered tax
15increment value. If a new rate, a rate decrease, or a limiting
16rate increase has been approved at an election held after March
1721, 2006, then (i) the otherwise applicable limiting rate shall
18be increased by the amount of the new rate or shall be reduced
19by the amount of the rate decrease, as the case may be, or (ii)
20in the case of a limiting rate increase, the limiting rate
21shall be equal to the rate set forth in the proposition
22approved by the voters for each of the years specified in the
23proposition, after which the limiting rate of the taxing
24district shall be calculated as otherwise provided. In the case
25of a taxing district that obtained referendum approval for an
26increased limiting rate on March 20, 2012, the limiting rate

 

 

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1for tax year 2012 shall be the rate that generates the
2approximate total amount of taxes extendable for that tax year,
3as set forth in the proposition approved by the voters; this
4rate shall be the final rate applied by the county clerk for
5the aggregate of all capped funds of the district for tax year
62012.
7(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;
8100-465, eff. 8-31-17.)
 
9    Section 99. Effective date. This Act takes effect upon
10becoming law.