101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB3238

 

Introduced , by Rep. Linda Chapa LaVia

 

SYNOPSIS AS INTRODUCED:
 
New Act
30 ILCS 105/5.832 rep.
35 ILCS 200/18-185
35 ILCS 450/Act rep.
225 ILCS 732/Act rep.

    Creates the Hydraulic Fracturing Prohibition Act. Provides that no person shall conduct high-volume horizontal hydraulic fracturing operations in Illinois. Amends the State Finance Act. Repeals a provision creating the Oil and Gas Resource Management Fund. Repeals the Illinois Hydraulic Fracturing Tax Act and the Hydraulic Fracturing Regulatory Act. Effective immediately.


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FISCAL NOTE ACT MAY APPLY

 

 

A BILL FOR

 

HB3238LRB101 09354 AMC 54450 b

1    AN ACT concerning regulation.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 1. Short title. This Act may be cited as the
5Hydraulic Fracturing Prohibition Act.
 
6    Section 5. Definition. In this Act:
7    "High-volume horizontal hydraulic fracturing operations"
8means all stages of a stimulation treatment of a horizontal
9well as defined by this Act by the pressurized application of
10more than 80,000 gallons per stage or more than 300,000 gallons
11total of hydraulic fracturing fluid and proppant to initiate or
12propagate fractures in a geologic formation to enhance
13extraction or production of oil or gas.
14    "Person" means any individual, partnership,
15co-partnership, firm, company, limited liability company,
16corporation, association, joint stock company, trust, estate,
17political subdivision, state agency, or any other legal entity
18or their legal representative, agent, or assigns.
 
19    Section 10. Prohibition. No person shall conduct
20high-volume horizontal hydraulic fracturing operations in
21Illinois.
 

 

 

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1    (30 ILCS 105/5.832 rep.)
2    Section 90. The State Finance Act is amended by repealing
3Section 5.832.
 
4    Section 95. The Property Tax Code is amended by changing
5Section 18-185 as follows:
 
6    (35 ILCS 200/18-185)
7    Sec. 18-185. Short title; definitions. This Division 5 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.
17    "Affected county" means a county of 3,000,000 or more
18inhabitants or a county contiguous to a county of 3,000,000 or
19more inhabitants.
20    "Taxing district" has the same meaning provided in Section
211-150, except as otherwise provided in this Section. For the
221991 through 1994 levy years only, "taxing district" includes
23only each non-home rule taxing district having the majority of
24its 1990 equalized assessed value within any county or counties

 

 

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

 

 

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1principal on revenue bonds issued before October 1, 1991 for
2payment of which a property tax levy or the full faith and
3credit of the unit of local government is pledged; however, a
4tax for the payment of interest or principal on those bonds
5shall be made only after the governing body of the unit of
6local government finds that all other sources for payment are
7insufficient to make those payments; (f) made for payments
8under a building commission lease when the lease payments are
9for the retirement of bonds issued by the commission before
10October 1, 1991, to pay for the building project; (g) made for
11payments due under installment contracts entered into before
12October 1, 1991; (h) made for payments of principal and
13interest on bonds issued under the Metropolitan Water
14Reclamation District Act to finance construction projects
15initiated before October 1, 1991; (i) made for payments of
16principal and interest on limited bonds, as defined in Section
173 of the Local Government Debt Reform Act, in an amount not to
18exceed the debt service extension base less the amount in items
19(b), (c), (e), and (h) of this definition for non-referendum
20obligations, except obligations initially issued pursuant to
21referendum; (j) made for payments of principal and interest on
22bonds issued under Section 15 of the Local Government Debt
23Reform Act; (k) made by a school district that participates in
24the Special Education District of Lake County, created by
25special education joint agreement under Section 10-22.31 of the
26School Code, for payment of the school district's share of the

 

 

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1amounts required to be contributed by the Special Education
2District of Lake County to the Illinois Municipal Retirement
3Fund under Article 7 of the Illinois Pension Code; the amount
4of any extension under this item (k) shall be certified by the
5school district to the county clerk; (l) made to fund expenses
6of providing joint recreational programs for persons with
7disabilities under Section 5-8 of the Park District Code or
8Section 11-95-14 of the Illinois Municipal Code; (m) made for
9temporary relocation loan repayment purposes pursuant to
10Sections 2-3.77 and 17-2.2d of the School Code; (n) made for
11payment of principal and interest on any bonds issued under the
12authority of Section 17-2.2d of the School Code; (o) made for
13contributions to a firefighter's pension fund created under
14Article 4 of the Illinois Pension Code, to the extent of the
15amount certified under item (5) of Section 4-134 of the
16Illinois Pension Code; and (p) made for road purposes in the
17first year after a township assumes the rights, powers, duties,
18assets, property, liabilities, obligations, and
19responsibilities of a road district abolished under the
20provisions of Section 6-133 of the Illinois Highway Code.
21    "Aggregate extension" for the taxing districts to which
22this Law did not apply before the 1995 levy year (except taxing
23districts subject to this Law in accordance with Section
2418-213) means the annual corporate extension for the taxing
25district and those special purpose extensions that are made
26annually for the taxing district, excluding special purpose

 

 

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1extensions: (a) made for the taxing district to pay interest or
2principal on general obligation bonds that were approved by
3referendum; (b) made for any taxing district to pay interest or
4principal on general obligation bonds issued before March 1,
51995; (c) made for any taxing district to pay interest or
6principal on bonds issued to refund or continue to refund those
7bonds issued before March 1, 1995; (d) made for any taxing
8district to pay interest or principal on bonds issued to refund
9or continue to refund bonds issued after March 1, 1995 that
10were approved by referendum; (e) made for any taxing district
11to pay interest or principal on revenue bonds issued before
12March 1, 1995 for payment of which a property tax levy or the
13full faith and credit of the unit of local government is
14pledged; however, a tax for the payment of interest or
15principal on those bonds shall be made only after the governing
16body of the unit of local government finds that all other
17sources for payment are insufficient to make those payments;
18(f) made for payments under a building commission lease when
19the lease payments are for the retirement of bonds issued by
20the commission before March 1, 1995 to pay for the building
21project; (g) made for payments due under installment contracts
22entered into before March 1, 1995; (h) made for payments of
23principal and interest on bonds issued under the Metropolitan
24Water Reclamation District Act to finance construction
25projects initiated before October 1, 1991; (h-4) made for
26stormwater management purposes by the Metropolitan Water

 

 

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1Reclamation District of Greater Chicago under Section 12 of the
2Metropolitan Water Reclamation District Act; (i) made for
3payments of principal and interest on limited bonds, as defined
4in Section 3 of the Local Government Debt Reform Act, in an
5amount not to exceed the debt service extension base less the
6amount in items (b), (c), and (e) of this definition for
7non-referendum obligations, except obligations initially
8issued pursuant to referendum and bonds described in subsection
9(h) of this definition; (j) made for payments of principal and
10interest on bonds issued under Section 15 of the Local
11Government Debt Reform Act; (k) made for payments of principal
12and interest on bonds authorized by Public Act 88-503 and
13issued under Section 20a of the Chicago Park District Act for
14aquarium or museum projects; (l) made for payments of principal
15and interest on bonds authorized by Public Act 87-1191 or
1693-601 and (i) issued pursuant to Section 21.2 of the Cook
17County Forest Preserve District Act, (ii) issued under Section
1842 of the Cook County Forest Preserve District Act for
19zoological park projects, or (iii) issued under Section 44.1 of
20the Cook County Forest Preserve District Act for botanical
21gardens projects; (m) made pursuant to Section 34-53.5 of the
22School Code, whether levied annually or not; (n) made to fund
23expenses of providing joint recreational programs for persons
24with disabilities under Section 5-8 of the Park District Code
25or Section 11-95-14 of the Illinois Municipal Code; (o) made by
26the Chicago Park District for recreational programs for persons

 

 

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1with disabilities under subsection (c) of Section 7.06 of the
2Chicago Park District Act; (p) made for contributions to a
3firefighter's pension fund created under Article 4 of the
4Illinois Pension Code, to the extent of the amount certified
5under item (5) of Section 4-134 of the Illinois Pension Code;
6(q) made by Ford Heights School District 169 under Section
717-9.02 of the School Code; and (r) made for the purpose of
8making employer contributions to the Public School Teachers'
9Pension and Retirement Fund of Chicago under Section 34-53 of
10the School Code.
11    "Aggregate extension" for all taxing districts to which
12this Law applies in accordance with Section 18-213, except for
13those taxing districts subject to paragraph (2) of subsection
14(e) of Section 18-213, means the annual corporate extension for
15the taxing district and those special purpose extensions that
16are made annually for the taxing district, excluding special
17purpose extensions: (a) made for the taxing district to pay
18interest or principal on general obligation bonds that were
19approved by referendum; (b) made for any taxing district to pay
20interest or principal on general obligation bonds issued before
21the date on which the referendum making this Law applicable to
22the taxing district is held; (c) made for any taxing district
23to pay interest or principal on bonds issued to refund or
24continue to refund those bonds issued before the date on which
25the referendum making this Law applicable to the taxing
26district is held; (d) made for any taxing district to pay

 

 

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

 

 

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

 

 

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1approved by referendum; (b) made for any taxing district to pay
2interest or principal on general obligation bonds issued before
3the effective date of this amendatory Act of 1997; (c) made for
4any taxing district to pay interest or principal on bonds
5issued to refund or continue to refund those bonds issued
6before the effective date of this amendatory Act of 1997; (d)
7made for any taxing district to pay interest or principal on
8bonds issued to refund or continue to refund bonds issued after
9the effective date of this amendatory Act of 1997 if the bonds
10were approved by referendum after the effective date of this
11amendatory Act of 1997; (e) made for any taxing district to pay
12interest or principal on revenue bonds issued before the
13effective date of this amendatory Act of 1997 for payment of
14which a property tax levy or the full faith and credit of the
15unit of local government is pledged; however, a tax for the
16payment of interest or principal on those bonds shall be made
17only after the governing body of the unit of local government
18finds that all other sources for payment are insufficient to
19make those payments; (f) made for payments under a building
20commission lease when the lease payments are for the retirement
21of bonds issued by the commission before the effective date of
22this amendatory Act of 1997 to pay for the building project;
23(g) made for payments due under installment contracts entered
24into before the effective date of this amendatory Act of 1997;
25(h) made for payments of principal and interest on limited
26bonds, as defined in Section 3 of the Local Government Debt

 

 

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

 

 

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1to this Law in accordance with paragraph (2) of subsection (e)
2of Section 18-213 for the 1996 levy year, constituting an
3extension for payment of principal and interest on bonds issued
4by the taxing district without referendum, but not including
5excluded non-referendum bonds. For park districts (i) that were
6first subject to this Law in 1991 or 1995 and (ii) whose
7extension for the 1994 levy year for the payment of principal
8and interest on bonds issued by the park district without
9referendum (but not including excluded non-referendum bonds)
10was less than 51% of the amount for the 1991 levy year
11constituting an extension for payment of principal and interest
12on bonds issued by the park district without referendum (but
13not including excluded non-referendum bonds), "debt service
14extension base" means an amount equal to that portion of the
15extension for the 1991 levy year constituting an extension for
16payment of principal and interest on bonds issued by the park
17district without referendum (but not including excluded
18non-referendum bonds). A debt service extension base
19established or increased at any time pursuant to any provision
20of this Law, except Section 18-212, shall be increased each
21year commencing with the later of (i) the 2009 levy year or
22(ii) the first levy year in which this Law becomes applicable
23to the taxing district, by the lesser of 5% or the percentage
24increase in the Consumer Price Index during the 12-month
25calendar year preceding the levy year. The debt service
26extension base may be established or increased as provided

 

 

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1under Section 18-212. "Excluded non-referendum bonds" means
2(i) bonds authorized by Public Act 88-503 and issued under
3Section 20a of the Chicago Park District Act for aquarium and
4museum projects; (ii) bonds issued under Section 15 of the
5Local Government Debt Reform Act; or (iii) refunding
6obligations issued to refund or to continue to refund
7obligations initially issued pursuant to referendum.
8    "Special purpose extensions" include, but are not limited
9to, extensions for levies made on an annual basis for
10unemployment and workers' compensation, self-insurance,
11contributions to pension plans, and extensions made pursuant to
12Section 6-601 of the Illinois Highway Code for a road
13district's permanent road fund whether levied annually or not.
14The extension for a special service area is not included in the
15aggregate extension.
16    "Aggregate extension base" means the taxing district's
17last preceding aggregate extension as adjusted under Sections
1818-135, 18-215, 18-230, and 18-206. An adjustment under Section
1918-135 shall be made for the 2007 levy year and all subsequent
20levy years whenever one or more counties within which a taxing
21district is located (i) used estimated valuations or rates when
22extending taxes in the taxing district for the last preceding
23levy year that resulted in the over or under extension of
24taxes, or (ii) increased or decreased the tax extension for the
25last preceding levy year as required by Section 18-135(c).
26Whenever an adjustment is required under Section 18-135, the

 

 

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

 

 

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

 

 

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

 

 

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1real property from a redevelopment project area established
2under the Tax Increment Allocation Development Act in the
3Illinois Municipal Code, the Industrial Jobs Recovery Law in
4the Illinois Municipal Code, or the Economic Development Area
5Tax Increment Allocation Act, "recovered tax increment value"
6means the amount of the current year's equalized assessed value
7of each taxable lot, block, tract, or parcel of real property
8removed from the redevelopment project area over and above the
9initial equalized assessed value of that real property before
10removal from the redevelopment project area.
11    Except as otherwise provided in this Section, "limiting
12rate" means a fraction the numerator of which is the last
13preceding aggregate extension base times an amount equal to one
14plus the extension limitation defined in this Section and the
15denominator of which is the current year's equalized assessed
16value of all real property in the territory under the
17jurisdiction of the taxing district during the prior levy year.
18For those taxing districts that reduced their aggregate
19extension for the last preceding levy year, except for school
20districts that reduced their extension for educational
21purposes pursuant to Section 18-206, the highest aggregate
22extension in any of the last 3 preceding levy years shall be
23used for the purpose of computing the limiting rate. The
24denominator shall not include new property or the recovered tax
25increment value. If a new rate, a rate decrease, or a limiting
26rate increase has been approved at an election held after March

 

 

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121, 2006, then (i) the otherwise applicable limiting rate shall
2be increased by the amount of the new rate or shall be reduced
3by the amount of the rate decrease, as the case may be, or (ii)
4in the case of a limiting rate increase, the limiting rate
5shall be equal to the rate set forth in the proposition
6approved by the voters for each of the years specified in the
7proposition, after which the limiting rate of the taxing
8district shall be calculated as otherwise provided. In the case
9of a taxing district that obtained referendum approval for an
10increased limiting rate on March 20, 2012, the limiting rate
11for tax year 2012 shall be the rate that generates the
12approximate total amount of taxes extendable for that tax year,
13as set forth in the proposition approved by the voters; this
14rate shall be the final rate applied by the county clerk for
15the aggregate of all capped funds of the district for tax year
162012.
17(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;
18100-465, eff. 8-31-17.)
 
19    (35 ILCS 450/Act rep.)
20    Section 100. The Illinois Hydraulic Fracturing Tax Act is
21repealed.
 
22    (225 ILCS 732/Act rep.)
23    Section 105. The Hydraulic Fracturing Regulatory Act is
24repealed.
 

 

 

HB3238- 20 -LRB101 09354 AMC 54450 b

1    Section 999. Effective date. This Act takes effect upon
2becoming law.