Illinois General Assembly - Full Text of SB0484
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Full Text of SB0484  100th General Assembly

SB0484sam001 100TH GENERAL ASSEMBLY

Sen. John J. Cullerton

Filed: 5/26/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 484

2    AMENDMENT NO. ______. Amend Senate Bill 484 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Sections 18-185, 18-205, 18-213, and 18-214 as follows:
 
6    (35 ILCS 200/18-185)
7    (Text of Section before amendment by P.A. 99-521)
8    Sec. 18-185. Short title; definitions. This Division 5 may
9be cited as the Property Tax Extension Limitation Law. As used
10in this Division 5:
11    "Consumer Price Index" means the Consumer Price Index for
12All Urban Consumers for all items published by the United
13States Department of Labor.
14    "Extension limitation", except as otherwise provided in
15this paragraph, means (a) the lesser of 5% or the percentage
16increase in the Consumer Price Index during the 12-month

 

 

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1calendar year preceding the levy year or (b) the rate of
2increase approved by voters under Section 18-205. For levy
3years 2017 and 2018 only, for school districts other than the
4City of Chicago School District #299 and qualified school
5districts, "extension limitation" means 0% or the rate of
6increase approved by the voters under Section 18-205. For levy
7years 2017 and 2018, if a special purpose extension (i) made
8for the payment of principal and interest on bonds or other
9evidences of indebtedness issued by the taxing district or (ii)
10made for contributions to a pension fund created under the
11Illinois Pension Code was required to be included in a school
12district's aggregate extension for the 2016 levy year, then the
13extension limitation for those extensions for levy years 2017
14and 2018 shall be (1) the lesser of 5% or the percentage
15increase in the Consumer Price Index during the 12-month
16calendar year preceding the levy year or (2) the rate of
17increase approved by voters under Section 18-205. For levy
18years 2017 and 2018, for the City of Chicago School District
19#299 and qualified school districts that were subject to this
20Law in the 2016 levy year, "extension limitation" means (1) the
21lesser of 5% or the percentage increase in the Consumer Price
22Index during the 12-month calendar year preceding the levy year
23or (2) the rate of increase approved by voters under Section
2418-205.
25    "Affected county" means a county of 3,000,000 or more
26inhabitants or a county contiguous to a county of 3,000,000 or

 

 

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1more inhabitants.
2    "Taxing district" has the same meaning provided in Section
31-150, except as otherwise provided in this Section. For the
41991 through 1994 levy years only, "taxing district" includes
5only each non-home rule taxing district having the majority of
6its 1990 equalized assessed value within any county or counties
7contiguous to a county with 3,000,000 or more inhabitants.
8Beginning with the 1995 levy year, "taxing district" includes
9only each non-home rule taxing district subject to this Law
10before the 1995 levy year and each non-home rule taxing
11district not subject to this Law before the 1995 levy year
12having the majority of its 1994 equalized assessed value in an
13affected county or counties. Beginning with the levy year in
14which this Law becomes applicable to a taxing district as
15provided in Section 18-213, "taxing district" also includes
16those taxing districts made subject to this Law as provided in
17Section 18-213. For levy years 2017 and 2018, "taxing district"
18also includes each school district in the State, but does not
19include a qualified school district that was not subject to
20this Law in the 2016 levy year.
21    "Aggregate extension" for taxing districts to which this
22Law applied before the 1995 levy year means, except with
23respect to levy years 2017 and 2018, the annual corporate
24extension for the taxing district and those special purpose
25extensions that are made annually for the taxing district,
26excluding special purpose extensions: (a) made for the taxing

 

 

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1district to pay interest or principal on general obligation
2bonds that were approved by referendum; (b) made for any taxing
3district to pay interest or principal on general obligation
4bonds issued before October 1, 1991; (c) made for any taxing
5district to pay interest or principal on bonds issued to refund
6or continue to refund those bonds issued before October 1,
71991; (d) made for any taxing district to pay interest or
8principal on bonds issued to refund or continue to refund bonds
9issued after October 1, 1991 that were approved by referendum;
10(e) made for any taxing district to pay interest or principal
11on revenue bonds issued before October 1, 1991 for payment of
12which a property tax levy or the full faith and credit of the
13unit of local government is pledged; however, a tax for the
14payment of interest or principal on those bonds shall be made
15only after the governing body of the unit of local government
16finds that all other sources for payment are insufficient to
17make those payments; (f) made for payments under a building
18commission lease when the lease payments are for the retirement
19of bonds issued by the commission before October 1, 1991, to
20pay for the building project; (g) made for payments due under
21installment contracts entered into before October 1, 1991; (h)
22made for payments of principal and interest on bonds issued
23under the Metropolitan Water Reclamation District Act to
24finance construction projects initiated before October 1,
251991; (i) made for payments of principal and interest on
26limited bonds, as defined in Section 3 of the Local Government

 

 

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1Debt Reform Act, in an amount not to exceed the debt service
2extension base less the amount in items (b), (c), (e), and (h)
3of this definition for non-referendum obligations, except
4obligations initially issued pursuant to referendum; (j) made
5for payments of principal and interest on bonds issued under
6Section 15 of the Local Government Debt Reform Act; (k) made by
7a school district that participates in the Special Education
8District of Lake County, created by special education joint
9agreement under Section 10-22.31 of the School Code, for
10payment of the school district's share of the amounts required
11to be contributed by the Special Education District of Lake
12County to the Illinois Municipal Retirement Fund under Article
137 of the Illinois Pension Code; the amount of any extension
14under this item (k) shall be certified by the school district
15to the county clerk; (l) made to fund expenses of providing
16joint recreational programs for persons with disabilities
17under Section 5-8 of the Park District Code or Section 11-95-14
18of the Illinois Municipal Code; (m) made for temporary
19relocation loan repayment purposes pursuant to Sections 2-3.77
20and 17-2.2d of the School Code; (n) made for payment of
21principal and interest on any bonds issued under the authority
22of Section 17-2.2d of the School Code; (o) made for
23contributions to a firefighter's pension fund created under
24Article 4 of the Illinois Pension Code, to the extent of the
25amount certified under item (5) of Section 4-134 of the
26Illinois Pension Code; and (p) made for road purposes in the

 

 

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1first year after a township assumes the rights, powers, duties,
2assets, property, liabilities, obligations, and
3responsibilities of a road district abolished under the
4provisions of Section 6-133 of the Illinois Highway Code. For
5levy years 2017 and 2018, this definition of "aggregate
6extension" applies to each qualified school district that was
7subject to this definition of "aggregate extension" for the
82016 levy year.
9    "Aggregate extension" for the taxing districts to which
10this Law did not apply before the 1995 levy year (except taxing
11districts subject to this Law in accordance with Section
1218-213) means, except with respect to levy years 2017 and 2018,
13the annual corporate extension for the taxing district and
14those special purpose extensions that are made annually for the
15taxing district, excluding special purpose extensions: (a)
16made for the taxing district to pay interest or principal on
17general obligation bonds that were approved by referendum; (b)
18made for any taxing district to pay interest or principal on
19general obligation bonds issued before March 1, 1995; (c) made
20for any taxing district to pay interest or principal on bonds
21issued to refund or continue to refund those bonds issued
22before March 1, 1995; (d) made for any taxing district to pay
23interest or principal on bonds issued to refund or continue to
24refund bonds issued after March 1, 1995 that were approved by
25referendum; (e) made for any taxing district to pay interest or
26principal on revenue bonds issued before March 1, 1995 for

 

 

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

 

 

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1Public Act 88-503 and issued under Section 20a of the Chicago
2Park District Act for aquarium or museum projects; (l) made for
3payments of principal and interest on bonds authorized by
4Public Act 87-1191 or 93-601 and (i) issued pursuant to Section
521.2 of the Cook County Forest Preserve District Act, (ii)
6issued under Section 42 of the Cook County Forest Preserve
7District Act for zoological park projects, or (iii) issued
8under Section 44.1 of the Cook County Forest Preserve District
9Act for botanical gardens projects; (m) made pursuant to
10Section 34-53.5 of the School Code, whether levied annually or
11not; (n) made to fund expenses of providing joint recreational
12programs for persons with disabilities under Section 5-8 of the
13Park District Code or Section 11-95-14 of the Illinois
14Municipal Code; (o) made by the Chicago Park District for
15recreational programs for persons with disabilities under
16subsection (c) of Section 7.06 of the Chicago Park District
17Act; (p) made for contributions to a firefighter's pension fund
18created under Article 4 of the Illinois Pension Code, to the
19extent of the amount certified under item (5) of Section 4-134
20of the Illinois Pension Code; and (q) made by Ford Heights
21School District 169 under Section 17-9.02 of the School Code.
22Notwithstanding the provisions of this amendatory Act of the
23100th General Assembly, for the 2017 and 2018 levy years, this
24definition of "aggregate extension" applies to the City of
25Chicago School District #299 and each qualified school district
26that was subject to this definition of "aggregate extension"

 

 

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1for the 2016 levy year.
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, except with respect to levy years
62017 and 2018, the annual corporate extension for the taxing
7district and those special purpose extensions that are made
8annually for the taxing district, excluding special purpose
9extensions: (a) made for the taxing district to pay interest or
10principal on general obligation bonds that were approved by
11referendum; (b) made for any taxing district to pay interest or
12principal on general obligation bonds issued before the date on
13which the referendum making this Law applicable to the taxing
14district is held; (c) made for any taxing district to pay
15interest or principal on bonds issued to refund or continue to
16refund those bonds issued before the date on which the
17referendum making this Law applicable to the taxing district is
18held; (d) made for any taxing district to pay interest or
19principal on bonds issued to refund or continue to refund bonds
20issued after the date on which the referendum making this Law
21applicable to the taxing district is held if the bonds were
22approved by referendum after the date on which the referendum
23making this Law applicable to the taxing district is held; (e)
24made for any taxing district to pay interest or principal on
25revenue bonds issued before the date on which the referendum
26making this Law applicable to the taxing district is held for

 

 

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

 

 

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1any amendments to such a contract taking effect on or after
2that date); (k) made to fund expenses of providing joint
3recreational programs for persons with disabilities under
4Section 5-8 of the Park District Code or Section 11-95-14 of
5the Illinois Municipal Code; (l) made for contributions to a
6firefighter's pension fund created under Article 4 of the
7Illinois Pension Code, to the extent of the amount certified
8under item (5) of Section 4-134 of the Illinois Pension Code;
9and (m) made for the taxing district to pay interest or
10principal on general obligation bonds issued pursuant to
11Section 19-3.10 of the School Code. For levy years 2017 and
122018, this definition of "aggregate extension" applies to each
13qualified school district that was subject to this definition
14of "aggregate extension" for the 2016 levy year.
15    "Aggregate extension" for all taxing districts to which
16this Law applies in accordance with paragraph (2) of subsection
17(e) of Section 18-213 means, except with respect to levy years
182017 and 2018, the annual corporate extension for the taxing
19district and those special purpose extensions that are made
20annually for the taxing district, excluding special purpose
21extensions: (a) made for the taxing district to pay interest or
22principal on general obligation bonds that were approved by
23referendum; (b) made for any taxing district to pay interest or
24principal on general obligation bonds issued before the
25effective date of this amendatory Act of 1997; (c) made for any
26taxing district to pay interest or principal on bonds issued to

 

 

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1refund or continue to refund those bonds issued before the
2effective date of this amendatory Act of 1997; (d) made for any
3taxing district to pay interest or principal on bonds issued to
4refund or continue to refund bonds issued after the effective
5date of this amendatory Act of 1997 if the bonds were approved
6by referendum after the effective date of this amendatory Act
7of 1997; (e) made for any taxing district to pay interest or
8principal on revenue bonds issued before the effective date of
9this amendatory Act of 1997 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 effective date of this
18amendatory Act of 1997 to pay for the building project; (g)
19made for payments due under installment contracts entered into
20before the effective date of this amendatory Act of 1997; (h)
21made for payments of principal and interest on limited bonds,
22as defined in Section 3 of the Local Government Debt Reform
23Act, in an amount not to exceed the debt service extension base
24less the amount in items (b), (c), and (e) of this definition
25for non-referendum obligations, except obligations initially
26issued pursuant to referendum; (i) made for payments of

 

 

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1principal and interest on bonds issued under Section 15 of the
2Local Government Debt Reform Act; (j) made for a qualified
3airport authority to pay interest or principal on general
4obligation bonds issued for the purpose of paying obligations
5due under, or financing airport facilities required to be
6acquired, constructed, installed or equipped pursuant to,
7contracts entered into before March 1, 1996 (but not including
8any amendments to such a contract taking effect on or after
9that date); (k) made to fund expenses of providing joint
10recreational programs for persons with disabilities under
11Section 5-8 of the Park District Code or Section 11-95-14 of
12the Illinois Municipal Code; and (l) made for contributions to
13a firefighter'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.
16For levy years 2017 and 2018, this definition of "aggregate
17extension" applies to each qualified school district that was
18subject to this definition of "aggregate extension" for the
192016 levy year.
20    "Aggregate extension", except with respect to the City of
21Chicago School District #299 or a qualified school district,
22for levy years 2017 and 2018, means the annual corporate
23extension for the taxing district and those special purpose
24extensions that are made annually for the taxing district,
25excluding special purpose extensions: (a) made for the payment
26of principal and interest on bonds or other evidences of

 

 

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1indebtedness issued by the taxing district; or (b) made for
2contributions to a pension fund created under the Illinois
3Pension Code. Notwithstanding the provisions of this
4definition of "aggregate extension", if a special purpose
5extension (i) made for the payment of principal and interest on
6bonds or other evidences of indebtedness issued by the taxing
7district or (ii) made for contributions to a pension fund
8created under the Illinois Pension Code was required to be
9included in a taxing district's aggregate extension for the
102016 levy year, then that special purpose extension is also
11included in the taxing district's aggregate extension for levy
12years 2017 and 2018; provided that the extension limitation for
13those extensions for levy years 2017 and 2018 shall be (1) the
14lesser of 5% or the percentage increase in the Consumer Price
15Index during the 12-month calendar year preceding the levy year
16or (2) the rate of increase approved by voters under Section
1718-205.
18    "Debt service extension base" means an amount equal to that
19portion of the extension for a taxing district for the 1994
20levy year, or for those taxing districts subject to this Law in
21accordance with Section 18-213, except for those subject to
22paragraph (2) of subsection (e) of Section 18-213, for the levy
23year in which the referendum making this Law applicable to the
24taxing district is held, or for those taxing districts subject
25to this Law in accordance with paragraph (2) of subsection (e)
26of Section 18-213 for the 1996 levy year, or for those school

 

 

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1districts that become subject to this Law as a result of this
2amendatory Act of the 100th General Assembly for the 2016 levy
3year, constituting an extension for payment of principal and
4interest on bonds issued by the taxing district without
5referendum, but not including excluded non-referendum bonds.
6For park districts (i) that were first subject to this Law in
71991 or 1995 and (ii) whose extension for the 1994 levy year
8for the payment of principal and interest on bonds issued by
9the park district without referendum (but not including
10excluded non-referendum bonds) was less than 51% of the amount
11for the 1991 levy year constituting an extension for payment of
12principal and interest on bonds issued by the park district
13without referendum (but not including excluded non-referendum
14bonds), "debt service extension base" means an amount equal to
15that portion of the extension for the 1991 levy year
16constituting an extension for payment of principal and interest
17on bonds issued by the park district without referendum (but
18not including excluded non-referendum bonds). A debt service
19extension base established or increased at any time pursuant to
20any provision of this Law, except Section 18-212, shall be
21increased each year commencing with the later of (i) the 2009
22levy year or (ii) the first levy year in which this Law becomes
23applicable to the taxing district, by the lesser of 5% or the
24percentage increase in the Consumer Price Index during the
2512-month calendar year preceding the levy year. The debt
26service extension base may be established or increased as

 

 

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1provided under Section 18-212. "Excluded non-referendum bonds"
2means (i) bonds authorized by Public Act 88-503 and issued
3under Section 20a of the Chicago Park District Act for aquarium
4and museum 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, and 18-230. An adjustment under Section 18-135
19shall be made for the 2007 levy year and all subsequent levy
20years 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, (iii) in counties that classify in accordance
5with Section 4 of Article IX of the Illinois Constitution, an
6incentive property's additional assessed value resulting from
7a scheduled increase in the level of assessment as applied to
8the first year final board of review market value, and (iv) any
9increase in assessed value due to oil or gas production from an
10oil or gas well required to be permitted under the Hydraulic
11Fracturing Regulatory Act that was not produced in or accounted
12for during the previous levy year. In addition, the county
13clerk in a county containing a population of 3,000,000 or more
14shall include in the 1997 recovered tax increment value for any
15school district, any recovered tax increment value that was
16applicable to the 1995 tax year calculations.
17    "Qualified airport authority" means an airport authority
18organized under the Airport Authorities Act and located in a
19county bordering on the State of Wisconsin and having a
20population in excess of 200,000 and not greater than 500,000.
21    "Recovered tax increment value" means, except as otherwise
22provided in this paragraph, the amount of the current year's
23equalized assessed value, in the first year after a
24municipality terminates the designation of an area as a
25redevelopment project area previously established under the
26Tax Increment Allocation Development Act in the Illinois

 

 

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

 

 

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

 

 

10000SB0484sam001- 21 -LRB100 05148 HLH 27012 a

1case may be, or (ii) in the case of a limiting rate increase,
2the limiting rate shall be equal to the rate set forth in the
3proposition approved by the voters for each of the years
4specified in the proposition, after which the limiting rate of
5the taxing district shall be calculated as otherwise provided.
6In the case of a taxing district that obtained referendum
7approval for an increased limiting rate on March 20, 2012, the
8limiting rate for tax year 2012 shall be the rate that
9generates the approximate total amount of taxes extendable for
10that tax year, as set forth in the proposition approved by the
11voters; this rate shall be the final rate applied by the county
12clerk for the aggregate of all capped funds of the district for
13tax year 2012.
14    "Qualified school district" means, for levy years 2017 and
152018, a school district that has been granted a financial
16hardship exemption from this amendatory Act of the 100th
17General Assembly by the State Superintendent of Education; to
18be eligible for such an exemption, one or more of the following
19criteria must apply:
20        (1) the district meets the conditions described in
21    subsection (a) of Section 1A-8 of the School Code or in
22    paragraph (3) or (5) of subsection (b) of Section 1A-8 of
23    the School Code; to determine if a school district meets
24    this criteria, the State Superintendent of Education may
25    require a school district, including any district subject
26    to Article 34A of this Code, to share financial information

 

 

10000SB0484sam001- 22 -LRB100 05148 HLH 27012 a

1    relevant to a proper investigation of the district's
2    financial condition;
3        (2) the equalized assessed valuation used in
4    calculating the district's general State aid claim under
5    Section 18-8.05 of the School Code, or the district's
6    evidence-based funding claim under Section 18-8.15 of the
7    School Code, as applicable, for the year in which the
8    district is applying has decreased by 10% or more compared
9    to equalized assessed valuation used for such calculations
10    in the previous school year;
11        (3) the average daily attendance used in calculating
12    the district's general State aid claim, under Section
13    18-8.05 of the School Code, or the district's
14    evidence-based funding claim under Section 18-8.15 of the
15    School Code, as applicable, for the year in which the
16    district is applying has decreased by 5% or more compared
17    to the average daily attendance used for such calculations
18    in the previous school year;
19        (4) fifty percent or more of the pupils enrolled in the
20    district qualify for free or reduced lunch;
21        (5) twenty percent or more of the pupils enrolled in
22    the district have an individualized education plan (IEP);
23    or
24        (6) the district is a Tier 1 district, as defined in
25    subparagraph (A) of subsection (g) of Section 18-8.15 of
26    the School Code.

 

 

10000SB0484sam001- 23 -LRB100 05148 HLH 27012 a

1    After independently verifying that a district meets one or
2more of the criteria set forth in items (1) through (6), the
3State Superintendent shall notify the appropriate taxing
4authorities that the district is to be exempt from the
5provisions of this amendatory Act of the 100th General Assembly
6for the next appropriate levy year. The exemption shall be for
7a period of one levy year. School districts may reapply on an
8annual basis to be exempt from the provisions of this
9amendatory Act of the 100th General Assembly.
10(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,
11eff. 7-27-15.)
 
12    (Text of Section after amendment by P.A. 99-521)
13    Sec. 18-185. Short title; definitions. This Division 5 may
14be cited as the Property Tax Extension Limitation Law. As used
15in this Division 5:
16    "Consumer Price Index" means the Consumer Price Index for
17All Urban Consumers for all items published by the United
18States Department of Labor.
19    "Extension limitation", except as otherwise provided in
20this paragraph, means (a) the lesser of 5% or the percentage
21increase in the Consumer Price Index during the 12-month
22calendar year preceding the levy year or (b) the rate of
23increase approved by voters under Section 18-205. For levy
24years 2017 and 2018 only, for school districts other than the
25City of Chicago School District #299 and qualified school

 

 

10000SB0484sam001- 24 -LRB100 05148 HLH 27012 a

1districts, "extension limitation" means 0% or the rate of
2increase approved by the voters under Section 18-205. For levy
3years 2017 and 2018, if a special purpose extension (i) made
4for the payment of principal and interest on bonds or other
5evidences of indebtedness issued by the taxing district or (ii)
6made for contributions to a pension fund created under the
7Illinois Pension Code was required to be included in a school
8district's aggregate extension for the 2016 levy year, then the
9extension limitation for those extensions for levy years 2017
10and 2018 shall be (1) the lesser of 5% or the percentage
11increase in the Consumer Price Index during the 12-month
12calendar year preceding the levy year or (2) the rate of
13increase approved by voters under Section 18-205. For levy
14years 2017 and 2018, for the City of Chicago School District
15#299 and qualified school districts that were subject to this
16Law in the 2016 levy year, "extension limitation" means (1) the
17lesser of 5% or the percentage increase in the Consumer Price
18Index during the 12-month calendar year preceding the levy year
19or (2) the rate of increase approved by voters under Section
2018-205.
21    "Affected county" means a county of 3,000,000 or more
22inhabitants or a county contiguous to a county of 3,000,000 or
23more inhabitants.
24    "Taxing district" has the same meaning provided in Section
251-150, except as otherwise provided in this Section. For the
261991 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. For levy years 2017 and 2018, "taxing district"
14also includes each school district in the State, but does not
15include a qualified school district that was not subject to
16this Law in the 2016 levy year.
17    "Aggregate extension" for taxing districts to which this
18Law applied before the 1995 levy year means, except with
19respect to levy years 2017 and 2018, the annual corporate
20extension for the taxing district and those special purpose
21extensions that are made annually for the taxing district,
22excluding special purpose extensions: (a) made for the taxing
23district to pay interest or principal on general obligation
24bonds that were approved by referendum; (b) made for any taxing
25district to pay interest or principal on general obligation
26bonds issued before October 1, 1991; (c) made for any taxing

 

 

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1district to pay interest or principal on bonds issued to refund
2or continue to refund those bonds issued before October 1,
31991; (d) made for any taxing district to pay interest or
4principal on bonds issued to refund or continue to refund bonds
5issued after October 1, 1991 that were approved by referendum;
6(e) made for any taxing district to pay interest or principal
7on revenue bonds issued before October 1, 1991 for payment of
8which a property tax levy or the full faith and credit of the
9unit of local government is pledged; however, a tax for the
10payment of interest or principal on those bonds shall be made
11only after the governing body of the unit of local government
12finds that all other sources for payment are insufficient to
13make those payments; (f) made for payments under a building
14commission lease when the lease payments are for the retirement
15of bonds issued by the commission before October 1, 1991, to
16pay for the building project; (g) made for payments due under
17installment contracts entered into before October 1, 1991; (h)
18made for payments of principal and interest on bonds issued
19under the Metropolitan Water Reclamation District Act to
20finance construction projects initiated before October 1,
211991; (i) made for payments of principal and interest on
22limited bonds, as defined in Section 3 of the Local Government
23Debt Reform Act, in an amount not to exceed the debt service
24extension base less the amount in items (b), (c), (e), and (h)
25of this definition for non-referendum obligations, except
26obligations initially issued pursuant to referendum; (j) made

 

 

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

 

 

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1levy years 2017 and 2018, this definition of "aggregate
2extension" applies to each qualified school district that was
3subject to this definition of "aggregate extension" for the
42016 levy year.
5    "Aggregate extension" for the taxing districts to which
6this Law did not apply before the 1995 levy year (except taxing
7districts subject to this Law in accordance with Section
818-213) means, except with respect to levy years 2017 and 2018,
9the annual corporate extension for the taxing district and
10those special purpose extensions that are made annually for the
11taxing district, excluding special purpose extensions: (a)
12made for the taxing district to pay interest or principal on
13general obligation bonds that were approved by referendum; (b)
14made for any taxing district to pay interest or principal on
15general obligation bonds issued before March 1, 1995; (c) made
16for any taxing district to pay interest or principal on bonds
17issued to refund or continue to refund those bonds issued
18before March 1, 1995; (d) made for any taxing district to pay
19interest or principal on bonds issued to refund or continue to
20refund bonds issued after March 1, 1995 that were approved by
21referendum; (e) made for any taxing district to pay interest or
22principal on revenue bonds issued before March 1, 1995 for
23payment of which a property tax levy or the full faith and
24credit of the unit of local government is pledged; however, a
25tax for the payment of interest or principal on those bonds
26shall be made only after the governing body of the unit of

 

 

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1local government finds that all other sources for payment are
2insufficient to make those payments; (f) made for payments
3under a building commission lease when the lease payments are
4for the retirement of bonds issued by the commission before
5March 1, 1995 to pay for the building project; (g) made for
6payments due under installment contracts entered into before
7March 1, 1995; (h) made for payments of principal and interest
8on bonds issued under the Metropolitan Water Reclamation
9District Act to finance construction projects initiated before
10October 1, 1991; (h-4) made for stormwater management purposes
11by the Metropolitan Water Reclamation District of Greater
12Chicago under Section 12 of the Metropolitan Water Reclamation
13District Act; (i) made for payments of principal and interest
14on 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 and bonds
19described in subsection (h) of this definition; (j) made for
20payments of principal and interest on bonds issued under
21Section 15 of the Local Government Debt Reform Act; (k) made
22for payments of principal and interest on bonds authorized by
23Public Act 88-503 and issued under Section 20a of the Chicago
24Park District Act for aquarium or museum projects; (l) made for
25payments of principal and interest on bonds authorized by
26Public Act 87-1191 or 93-601 and (i) issued pursuant to Section

 

 

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121.2 of the Cook County Forest Preserve District Act, (ii)
2issued under Section 42 of the Cook County Forest Preserve
3District Act for zoological park projects, or (iii) issued
4under Section 44.1 of the Cook County Forest Preserve District
5Act for botanical gardens projects; (m) made pursuant to
6Section 34-53.5 of the School Code, whether levied annually or
7not; (n) made to fund expenses of providing joint recreational
8programs for persons with disabilities under Section 5-8 of the
9Park District Code or Section 11-95-14 of the Illinois
10Municipal Code; (o) made by the Chicago Park District for
11recreational programs for persons with disabilities under
12subsection (c) of Section 7.06 of the Chicago Park District
13Act; (p) made for contributions to a firefighter's pension fund
14created under Article 4 of the Illinois Pension Code, to the
15extent of the amount certified under item (5) of Section 4-134
16of the Illinois Pension Code; (q) made by Ford Heights School
17District 169 under Section 17-9.02 of the School Code; and (r)
18made for the purpose of making employer contributions to the
19Public School Teachers' Pension and Retirement Fund of Chicago
20under Section 34-53 of the School Code. Notwithstanding the
21provisions of this amendatory Act of the 100th General
22Assembly, for levy years 2017 and 2018, this definition of
23"aggregate extension" applies to the City of Chicago School
24District #299 and each qualified school district that was
25subject to this definition of "aggregate extension" for the
262016 levy year.

 

 

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1    "Aggregate extension" for all taxing districts to which
2this Law applies in accordance with Section 18-213, except for
3those taxing districts subject to paragraph (2) of subsection
4(e) of Section 18-213, means, except with respect to levy years
52017 and 2018, the annual corporate extension for the taxing
6district and those special purpose extensions that are made
7annually for the taxing district, excluding special purpose
8extensions: (a) made for the taxing district to pay interest or
9principal on general obligation bonds that were approved by
10referendum; (b) made for any taxing district to pay interest or
11principal on general obligation bonds issued before the date on
12which the referendum making this Law applicable to the taxing
13district is held; (c) made for any taxing district to pay
14interest or principal on bonds issued to refund or continue to
15refund those bonds issued before the date on which the
16referendum making this Law applicable to the taxing district is
17held; (d) made for any taxing district to pay interest or
18principal on bonds issued to refund or continue to refund bonds
19issued after the date on which the referendum making this Law
20applicable to the taxing district is held if the bonds were
21approved by referendum after the date on which the referendum
22making this Law applicable to the taxing district is held; (e)
23made for any taxing district to pay interest or principal on
24revenue bonds issued before the date on which the referendum
25making this Law applicable to the taxing district is held for
26payment of which a property tax levy or the full faith and

 

 

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

 

 

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1that date); (k) made to fund expenses of providing joint
2recreational programs for persons with disabilities under
3Section 5-8 of the Park District Code or Section 11-95-14 of
4the 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. For levy years 2017 and
112018, this definition of "aggregate extension" applies to each
12qualified school district that was subject to this definition
13of "aggregate extension" for the 2016 levy year.
14    "Aggregate extension" for all taxing districts to which
15this Law applies in accordance with paragraph (2) of subsection
16(e) of Section 18-213 means, except with respect to levy years
172017 and 2018, the annual corporate extension for the taxing
18district and those special purpose extensions that are made
19annually for the taxing district, excluding special purpose
20extensions: (a) made for the taxing district to pay interest or
21principal on general obligation bonds that were approved by
22referendum; (b) made for any taxing district to pay interest or
23principal on general obligation bonds issued before the
24effective date of this amendatory Act of 1997; (c) made for any
25taxing district to pay interest or principal on bonds issued to
26refund or continue to refund those bonds issued before the

 

 

10000SB0484sam001- 34 -LRB100 05148 HLH 27012 a

1effective date of this amendatory Act of 1997; (d) made for any
2taxing district to pay interest or principal on bonds issued to
3refund or continue to refund bonds issued after the effective
4date of this amendatory Act of 1997 if the bonds were approved
5by referendum after the effective date of this amendatory Act
6of 1997; (e) made for any taxing district to pay interest or
7principal on revenue bonds issued before the effective date of
8this amendatory Act of 1997 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 effective date of this
17amendatory Act of 1997 to pay for the building project; (g)
18made for payments due under installment contracts entered into
19before the effective date of this amendatory Act of 1997; (h)
20made for payments of principal and interest on limited bonds,
21as defined in Section 3 of the Local Government Debt Reform
22Act, in an amount not to exceed the debt service extension base
23less the amount in items (b), (c), and (e) of this definition
24for non-referendum obligations, except obligations initially
25issued pursuant to referendum; (i) made for payments of
26principal and interest on bonds issued under Section 15 of the

 

 

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1Local Government Debt Reform Act; (j) made for a qualified
2airport authority to pay interest or principal on general
3obligation bonds issued for the purpose of paying obligations
4due under, or financing airport facilities required to be
5acquired, constructed, installed or equipped pursuant to,
6contracts entered into before March 1, 1996 (but not including
7any amendments to such a contract taking effect on or after
8that date); (k) made to fund expenses of providing joint
9recreational programs for persons with disabilities under
10Section 5-8 of the Park District Code or Section 11-95-14 of
11the Illinois Municipal Code; and (l) made for contributions to
12a firefighter's pension fund created under Article 4 of the
13Illinois Pension Code, to the extent of the amount certified
14under item (5) of Section 4-134 of the Illinois Pension Code.
15For levy years 2017 and 2018, this definition of "aggregate
16extension" applies to each qualified school district that was
17subject to this definition of "aggregate extension" for the
182016 levy year.
19    "Aggregate extension", except with respect to the City of
20Chicago School District #299 or a qualified school district,
21for levy years 2017 and 2018, means the annual corporate
22extension for the taxing district and those special purpose
23extensions that are made annually for the taxing district,
24excluding special purpose extensions: (a) made for the payment
25of principal and interest on bonds or other evidences of
26indebtedness issued by the taxing district; or (b) made for

 

 

10000SB0484sam001- 36 -LRB100 05148 HLH 27012 a

1contributions to a pension fund created under the Illinois
2Pension Code. Notwithstanding the provisions of this
3definition of "aggregate extension", if a special purpose
4extension (i) made for the payment of principal and interest on
5bonds or other evidences of indebtedness issued by the taxing
6district or (ii) made for contributions to a pension fund
7created under the Illinois Pension Code was required to be
8included in a taxing district's aggregate extension for the
92016 levy year, then that special purpose extension is also
10included in the taxing district's aggregate extension for levy
11years 2017 and 2018; provided that the extension limitation for
12those extensions for levy years 2017 and 2018 shall be (1) the
13lesser of 5% or the percentage increase in the Consumer Price
14Index during the 12-month calendar year preceding the levy year
15or (2) the rate of increase approved by voters under Section
1618-205.
17    "Debt service extension base" means an amount equal to that
18portion of the extension for a taxing district for the 1994
19levy year, or for those taxing districts subject to this Law in
20accordance with Section 18-213, except for those subject to
21paragraph (2) of subsection (e) of Section 18-213, for the levy
22year in which the referendum making this Law applicable to the
23taxing district is held, or for those taxing districts subject
24to this Law in accordance with paragraph (2) of subsection (e)
25of Section 18-213 for the 1996 levy year, or for those taxing
26districts that become subject to this Law as a result of this

 

 

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1amendatory Act of the 100th General Assembly for the 2016 levy
2year, constituting an extension for payment of principal and
3interest on bonds issued by the taxing district without
4referendum, but not including excluded non-referendum bonds.
5For park districts (i) that were first subject to this Law in
61991 or 1995 and (ii) whose extension for the 1994 levy year
7for the payment of principal and interest on bonds issued by
8the park district without referendum (but not including
9excluded non-referendum bonds) was less than 51% of the amount
10for the 1991 levy year constituting an extension for payment of
11principal and interest on bonds issued by the park district
12without referendum (but not including excluded non-referendum
13bonds), "debt service extension base" means an amount equal to
14that portion of the extension for the 1991 levy year
15constituting an extension for payment of principal and interest
16on bonds issued by the park district without referendum (but
17not including excluded non-referendum bonds). A debt service
18extension base established or increased at any time pursuant to
19any provision of this Law, except Section 18-212, shall be
20increased each year commencing with the later of (i) the 2009
21levy year or (ii) the first levy year in which this Law becomes
22applicable to the taxing district, by the lesser of 5% or the
23percentage increase in the Consumer Price Index during the
2412-month calendar year preceding the levy year. The debt
25service extension base may be established or increased as
26provided under Section 18-212. "Excluded non-referendum bonds"

 

 

10000SB0484sam001- 38 -LRB100 05148 HLH 27012 a

1means (i) bonds authorized by Public Act 88-503 and issued
2under Section 20a of the Chicago Park District Act for aquarium
3and museum 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

 

 

10000SB0484sam001- 39 -LRB100 05148 HLH 27012 a

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    Notwithstanding any other provision of law, for levy year
92012, the aggregate extension base for West Northfield School
10District No. 31 in Cook County shall be $12,654,592.
11    "Levy year" has the same meaning as "year" under Section
121-155.
13    "New property" means (i) the assessed value, after final
14board of review or board of appeals action, of new improvements
15or additions to existing improvements on any parcel of real
16property that increase the assessed value of that real property
17during the levy year multiplied by the equalization factor
18issued by the Department under Section 17-30, (ii) the assessed
19value, after final board of review or board of appeals action,
20of real property not exempt from real estate taxation, which
21real property was exempt from real estate taxation for any
22portion of the immediately preceding levy year, multiplied by
23the equalization factor issued by the Department under Section
2417-30, including the assessed value, upon final stabilization
25of occupancy after new construction is complete, of any real
26property located within the boundaries of an otherwise or

 

 

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

 

 

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

 

 

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

 

 

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1the limiting rate shall be equal to the rate set forth in the
2proposition approved by the voters for each of the years
3specified in the proposition, after which the limiting rate of
4the taxing district shall be calculated as otherwise provided.
5In the case of a taxing district that obtained referendum
6approval for an increased limiting rate on March 20, 2012, the
7limiting rate for tax year 2012 shall be the rate that
8generates the approximate total amount of taxes extendable for
9that tax year, as set forth in the proposition approved by the
10voters; this rate shall be the final rate applied by the county
11clerk for the aggregate of all capped funds of the district for
12tax year 2012.
13    "Qualified school district" means, for levy years 2017 and
142018, a school district that has been granted a financial
15hardship exemption from this amendatory Act of the 100th
16General Assembly by the State Superintendent of Education; to
17be eligible for such an exemption, one or more of the following
18criteria must apply:
19        (1) the district meets the conditions described in
20    subsection (a) of Section 1A-8 of the School Code or in
21    paragraph (3) or (5) of subsection (b) of Section 1A-8 of
22    the School Code; to determine if a school district meets
23    this criteria, the State Superintendent of Education may
24    require a school district, including any district subject
25    to Article 34A of this Code, to share financial information
26    relevant to a proper investigation of the district's

 

 

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1    financial condition;
2        (2) the equalized assessed valuation used in
3    calculating the district's general State aid claim under
4    Section 18-8.05 of the School Code, or the district's
5    evidence-based funding claim under Section 18-8.15 of the
6    School Code, as applicable, for the year in which the
7    district is applying has decreased by 10% or more compared
8    to equalized assessed valuation used for such calculations
9    in the previous school year;
10        (3) the average daily attendance used in calculating
11    the district's general State aid claim, under Section
12    18-8.05 of the School Code, or the district's
13    evidence-based funding claim under Section 18-8.15 of the
14    School Code, as applicable, for the year in which the
15    district is applying has decreased by 5% or more compared
16    to the average daily attendance used for such calculations
17    in the previous school year;
18        (4) fifty percent or more of the pupils enrolled in the
19    district qualify for free or reduced lunch;
20        (5) twenty percent or more of the pupils enrolled in
21    the district have an individualized education plan (IEP);
22    or
23        (6) the district is a Tier 1 district, as defined in
24    subparagraph (A) of subsection (g) of Section 18-8.15 of
25    the School Code.
26    After independently verifying that a district meets one or

 

 

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

 

 

10000SB0484sam001- 46 -LRB100 05148 HLH 27012 a

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

 

 

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

 

 

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

 

 

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1affect the validity of any proposition approved. Notice of the
2referendum shall be published and posted as otherwise required
3by law, and the submission of the question shall be initiated
4as provided by law.
5(Source: P.A. 97-1087, eff. 8-24-12.)
 
6    (35 ILCS 200/18-213)
7    Sec. 18-213. Referenda on applicability of the Property Tax
8Extension Limitation Law.
9    (a) The provisions of this Section do not apply to a taxing
10district subject to this Law because a majority of its 1990
11equalized assessed value is in a county or counties contiguous
12to a county of 3,000,000 or more inhabitants, or because a
13majority of its 1994 equalized assessed value is in an affected
14county and the taxing district was not subject to this Law
15before the 1995 levy year.
16    (b) The county board of a county that is not subject to
17this Law may, by ordinance or resolution, submit to the voters
18of the county the question of whether to make all non-home rule
19taxing districts that have all or a portion of their equalized
20assessed valuation situated in the county subject to this Law
21in the manner set forth in this Section.
22    For purposes of this Section only:
23    "Taxing district" has the same meaning provided in Section
241-150.
25    "Equalized assessed valuation" means the equalized

 

 

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

 

 

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

 

 

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

 

 

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

 

 

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1to this Law.
2    (g) Referenda held under this Section shall be conducted in
3accordance with the Election Code.
4    (h) Notwithstanding any other provision of law, no
5referenda may be held under this Section with respect to levy
6years 2017 and 2018.
7(Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
 
8    (35 ILCS 200/18-214)
9    Sec. 18-214. Referenda on removal of the applicability of
10the Property Tax Extension Limitation Law to non-home rule
11taxing districts.
12    (a) The provisions of this Section do not apply to a taxing
13district that is subject to this Law because a majority of its
141990 equalized assessed value is in a county or counties
15contiguous to a county of 3,000,000 or more inhabitants, or
16because a majority of its 1994 equalized assessed value is in
17an affected county and the taxing district was not subject to
18this Law before the 1995 levy year.
19    (b) For purposes of this Section only:
20    "Taxing district" means any non-home rule taxing district
21that became subject to this Law under Section 18-213 of this
22Law.
23    "Equalized assessed valuation" means the equalized
24assessed valuation for a taxing district for the immediately
25preceding levy year.

 

 

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1    (c) The county board of a county that became subject to
2this Law by a referendum approved by the voters of the county
3under Section 18-213 may, by ordinance or resolution, in the
4manner set forth in this Section, submit to the voters of the
5county the question of whether this Law applies to all non-home
6rule taxing districts that have all or a portion of their
7equalized assessed valuation situated in the county in the
8manner set forth in this Section.
9    (d) The ordinance or resolution shall request the
10submission of the proposition at any election, except a
11consolidated primary election, for the purpose of voting for or
12against the continued application of the Property Tax Extension
13Limitation Law to all non-home rule taxing districts that have
14all or a portion of their equalized assessed valuation situated
15in the county.
16    The question shall be placed on a separate ballot and shall
17be in substantially the following form:
18        Shall the Property Tax Extension Limitation Law (35
19    ILCS 200/18-185 through 35 ILCS 200/18-245), which limits
20    annual property tax extension increases, apply to non-home
21    rule taxing districts with all or a portion of their
22    equalized assessed valuation located in (name of county)?
23Votes on the question shall be recorded as "yes" or "no".
24    (e) The county clerk shall order the proposition submitted
25to the electors of the county at the election specified in the
26ordinance or resolution. If part of the county is under the

 

 

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

 

 

10000SB0484sam001- 57 -LRB100 05148 HLH 27012 a

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

 

 

10000SB0484sam001- 58 -LRB100 05148 HLH 27012 a

1of the taxing district is located that, beginning on January 1
2of the year following the date of the last referendum, the
3taxing district is no longer subject to this Law.
4    (i) Notwithstanding any other provision of law, no
5referenda may be held under this Section with respect to levy
6years 2017 and 2018.
7(Source: P.A. 89-718, eff. 3-7-97.)
 
8    Section 95. No acceleration or delay. Where this Act makes
9changes in a statute that is represented in this Act by text
10that is not yet or no longer in effect (for example, a Section
11represented by multiple versions), the use of that text does
12not accelerate or delay the taking effect of (i) the changes
13made by this Act or (ii) provisions derived from any other
14Public Act.
 
15    Section 99. Effective date. This Act takes effect upon
16becoming law.".