103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5183

 

Introduced 2/9/2024, by Rep. Christopher "C.D." Davidsmeyer

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/18-185

    Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, if a taxing district grants a property tax abatement for a defined period of time measured in levy years, then, for the first levy year after the expiration of the abatement, the district's aggregate extension base shall be the taxing district's last preceding aggregate extension, subject to certain adjustments, plus the amount of the expired abatement for the previous levy year. Effective immediately.


LRB103 37952 HLH 68084 b

 

 

A BILL FOR

 

HB5183LRB103 37952 HLH 68084 b

1    AN ACT concerning revenue.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The Property Tax Code is amended by changing
5Section 18-185 as follows:
 
6    (35 ILCS 200/18-185)
7    Sec. 18-185. Short title; definitions. This Division 5
8may be cited as the Property Tax Extension Limitation Law. As
9used in this Division 5:
10    "Consumer Price Index" means the Consumer Price Index for
11All Urban Consumers for all items published by the United
12States Department of Labor.
13    "Extension limitation" means (a) the lesser of 5% or the
14percentage increase in the Consumer Price Index during the
1512-month calendar year preceding the levy year or (b) the rate
16of increase approved by voters under Section 18-205.
17    "Affected county" means a county of 3,000,000 or more
18inhabitants or a county contiguous to a county of 3,000,000 or
19more inhabitants.
20    "Taxing district" has the same meaning provided in Section
211-150, except as otherwise provided in this Section. For the
221991 through 1994 levy years only, "taxing district" includes
23only each non-home rule taxing district having the majority of

 

 

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

 

 

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11991 that were approved by referendum; (e) made for any taxing
2district to pay interest or principal on revenue bonds issued
3before October 1, 1991 for payment of which a property tax levy
4or the full faith and credit of the unit of local government is
5pledged; however, a tax for the payment of interest or
6principal on those bonds shall be made only after the
7governing body of the unit of local government finds that all
8other sources for payment are insufficient to make those
9payments; (f) made for payments under a building commission
10lease when the lease payments are for the retirement of bonds
11issued by the commission before October 1, 1991, to pay for the
12building project; (g) made for payments due under installment
13contracts entered into before October 1, 1991; (h) made for
14payments of principal and interest on bonds issued under the
15Metropolitan Water Reclamation District Act to finance
16construction projects initiated before October 1, 1991; (i)
17made for payments of principal and interest on limited bonds,
18as defined in Section 3 of the Local Government Debt Reform
19Act, in an amount not to exceed the debt service extension base
20less the amount in items (b), (c), (e), and (h) of this
21definition for non-referendum obligations, except obligations
22initially issued pursuant to referendum; (j) made for payments
23of principal and interest on bonds issued under Section 15 of
24the Local Government Debt Reform Act; (k) made by a school
25district that participates in the Special Education District
26of Lake County, created by special education joint agreement

 

 

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1under Section 10-22.31 of the School Code, for payment of the
2school district's share of the amounts required to be
3contributed by the Special Education District of Lake County
4to the Illinois Municipal Retirement Fund under Article 7 of
5the Illinois Pension Code; the amount of any extension under
6this item (k) shall be certified by the school district to the
7county clerk; (l) made to fund expenses of providing joint
8recreational programs for persons with disabilities under
9Section 5-8 of the Park District Code or Section 11-95-14 of
10the Illinois Municipal Code; (m) made for temporary relocation
11loan repayment purposes pursuant to Sections 2-3.77 and
1217-2.2d of the School Code; (n) made for payment of principal
13and interest on any bonds issued under the authority of
14Section 17-2.2d of the School Code; (o) made for contributions
15to a firefighter's pension fund created under Article 4 of the
16Illinois Pension Code, to the extent of the amount certified
17under item (5) of Section 4-134 of the Illinois Pension Code;
18and (p) made for road purposes in the first year after a
19township assumes the rights, powers, duties, assets, property,
20liabilities, obligations, and responsibilities of a road
21district abolished under the provisions of Section 6-133 of
22the Illinois Highway Code.
23    "Aggregate extension" for the taxing districts to which
24this Law did not apply before the 1995 levy year (except taxing
25districts subject to this Law in accordance with Section
2618-213) means the annual corporate extension for the taxing

 

 

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1district and those special purpose extensions that are made
2annually for the taxing district, excluding special purpose
3extensions: (a) made for the taxing district to pay interest
4or principal on general obligation bonds that were approved by
5referendum; (b) made for any taxing district to pay interest
6or principal on general obligation bonds issued before March
71, 1995; (c) made for any taxing district to pay interest or
8principal on bonds issued to refund or continue to refund
9those bonds issued before March 1, 1995; (d) made for any
10taxing district to pay interest or principal on bonds issued
11to refund or continue to refund bonds issued after March 1,
121995 that were approved by referendum; (e) made for any taxing
13district to pay interest or principal on revenue bonds issued
14before March 1, 1995 for payment of which a property tax levy
15or the full faith and credit of the unit of local government is
16pledged; however, a tax for the payment of interest or
17principal on those bonds shall be made only after the
18governing body of the unit of local government finds that all
19other sources for payment are insufficient to make those
20payments; (f) made for payments under a building commission
21lease when the lease payments are for the retirement of bonds
22issued by the commission before March 1, 1995 to pay for the
23building project; (g) made for payments due under installment
24contracts entered into before March 1, 1995; (h) made for
25payments of principal and interest on bonds issued under the
26Metropolitan Water Reclamation District Act to finance

 

 

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1construction projects initiated before October 1, 1991; (h-4)
2made for stormwater management purposes by the Metropolitan
3Water Reclamation District of Greater Chicago under Section 12
4of the Metropolitan Water Reclamation District Act; (h-8) made
5for payments of principal and interest on bonds issued under
6Section 9.6a of the Metropolitan Water Reclamation District
7Act to make contributions to the pension fund established
8under Article 13 of the Illinois Pension Code; (i) made for
9payments of principal and interest on limited bonds, as
10defined in Section 3 of the Local Government Debt Reform Act,
11in an amount not to exceed the debt service extension base less
12the amount in items (b), (c), and (e) of this definition for
13non-referendum obligations, except obligations initially
14issued pursuant to referendum and bonds described in
15subsections (h) and (h-8) of this definition; (j) made for
16payments of principal and interest on bonds issued under
17Section 15 of the Local Government Debt Reform Act; (k) made
18for payments of principal and interest on bonds authorized by
19Public Act 88-503 and issued under Section 20a of the Chicago
20Park District Act for aquarium or museum projects and bonds
21issued under Section 20a of the Chicago Park District Act for
22the purpose of making contributions to the pension fund
23established under Article 12 of the Illinois Pension Code; (l)
24made for payments of principal and interest on bonds
25authorized by Public Act 87-1191 or 93-601 and (i) issued
26pursuant to Section 21.2 of the Cook County Forest Preserve

 

 

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1District Act, (ii) issued under Section 42 of the Cook County
2Forest Preserve District Act for zoological park projects, or
3(iii) issued under Section 44.1 of the Cook County Forest
4Preserve District Act for botanical gardens projects; (m) made
5pursuant to Section 34-53.5 of the School Code, whether levied
6annually or not; (n) made to fund expenses of providing joint
7recreational programs for persons with disabilities under
8Section 5-8 of the Park District Code or Section 11-95-14 of
9the Illinois Municipal Code; (o) made by the Chicago Park
10District for recreational programs for persons with
11disabilities under subsection (c) of Section 7.06 of the
12Chicago Park District Act; (p) made for contributions to a
13firefighter's pension fund created under Article 4 of the
14Illinois Pension Code, to the extent of the amount certified
15under item (5) of Section 4-134 of the Illinois Pension Code;
16(q) made by Ford Heights School District 169 under Section
1717-9.02 of the School Code; and (r) made for the purpose of
18making employer contributions to the Public School Teachers'
19Pension and Retirement Fund of Chicago under Section 34-53 of
20the School Code.
21    "Aggregate extension" for all taxing districts to which
22this Law applies in accordance with Section 18-213, except for
23those taxing districts subject to paragraph (2) of subsection
24(e) of Section 18-213, means the annual corporate extension
25for the taxing district and those special purpose extensions
26that are made annually for the taxing district, excluding

 

 

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

 

 

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

 

 

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14-134 of the Illinois Pension Code; and (m) made for the taxing
2district to pay interest or principal on general obligation
3bonds issued pursuant to Section 19-3.10 of the School Code.
4    "Aggregate extension" for all taxing districts to which
5this Law applies in accordance with paragraph (2) of
6subsection (e) of Section 18-213 means the annual corporate
7extension for the taxing district and those special purpose
8extensions that are made annually for the taxing district,
9excluding special purpose extensions: (a) made for the taxing
10district to pay interest or principal on general obligation
11bonds that were approved by referendum; (b) made for any
12taxing district to pay interest or principal on general
13obligation bonds issued before March 7, 1997 (the effective
14date of Public Act 89-718); (c) made for any taxing district to
15pay interest or principal on bonds issued to refund or
16continue to refund those bonds issued before March 7, 1997
17(the effective date of Public Act 89-718); (d) made for any
18taxing district to pay interest or principal on bonds issued
19to refund or continue to refund bonds issued after March 7,
201997 (the effective date of Public Act 89-718) if the bonds
21were approved by referendum after March 7, 1997 (the effective
22date of Public Act 89-718); (e) made for any taxing district to
23pay interest or principal on revenue bonds issued before March
247, 1997 (the effective date of Public Act 89-718) for payment
25of which a property tax levy or the full faith and credit of
26the unit of local government is pledged; however, a tax for the

 

 

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1payment of interest or principal on those bonds shall be made
2only after the governing body of the unit of local government
3finds that all other sources for payment are insufficient to
4make those payments; (f) made for payments under a building
5commission lease when the lease payments are for the
6retirement of bonds issued by the commission before March 7,
71997 (the effective date of Public Act 89-718) to pay for the
8building project; (g) made for payments due under installment
9contracts entered into before March 7, 1997 (the effective
10date of Public Act 89-718); (h) made for payments of principal
11and interest on limited bonds, as defined in Section 3 of the
12Local Government Debt Reform Act, in an amount not to exceed
13the debt service extension base less the amount in items (b),
14(c), and (e) of this definition for non-referendum
15obligations, except obligations initially issued pursuant to
16referendum; (i) made for payments of principal and interest on
17bonds issued under Section 15 of the Local Government Debt
18Reform Act; (j) made for a qualified airport authority to pay
19interest or principal on general obligation bonds issued for
20the purpose of paying obligations due under, or financing
21airport facilities required to be acquired, constructed,
22installed or equipped pursuant to, contracts entered into
23before March 1, 1996 (but not including any amendments to such
24a contract taking effect on or after that date); (k) made to
25fund expenses of providing joint recreational programs for
26persons with disabilities under Section 5-8 of the Park

 

 

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1District Code or Section 11-95-14 of the Illinois Municipal
2Code; and (l) made for contributions to a firefighter's
3pension fund created under Article 4 of the Illinois Pension
4Code, to the extent of the amount certified under item (5) of
5Section 4-134 of the Illinois Pension Code.
6    "Debt service extension base" means an amount equal to
7that portion of the extension for a taxing district for the
81994 levy year, or for those taxing districts subject to this
9Law in accordance with Section 18-213, except for those
10subject to paragraph (2) of subsection (e) of Section 18-213,
11for the levy year in which the referendum making this Law
12applicable to the taxing district is held, or for those taxing
13districts subject to this Law in accordance with paragraph (2)
14of subsection (e) of Section 18-213 for the 1996 levy year,
15constituting an extension for payment of principal and
16interest on bonds issued by the taxing district without
17referendum, but not including excluded non-referendum bonds.
18For park districts (i) that were first subject to this Law in
191991 or 1995 and (ii) whose extension for the 1994 levy year
20for the payment of principal and interest on bonds issued by
21the park district without referendum (but not including
22excluded non-referendum bonds) was less than 51% of the amount
23for the 1991 levy year constituting an extension for payment
24of principal and interest on bonds issued by the park district
25without referendum (but not including excluded non-referendum
26bonds), "debt service extension base" means an amount equal to

 

 

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1that portion of the extension for the 1991 levy year
2constituting an extension for payment of principal and
3interest on bonds issued by the park district without
4referendum (but not including excluded non-referendum bonds).
5A debt service extension base established or increased at any
6time pursuant to any provision of this Law, except Section
718-212, shall be increased each year commencing with the later
8of (i) the 2009 levy year or (ii) the first levy year in which
9this Law becomes applicable to the taxing district, by the
10lesser of 5% or the percentage increase in the Consumer Price
11Index during the 12-month calendar year preceding the levy
12year. The debt service extension base may be established or
13increased as provided under Section 18-212. "Excluded
14non-referendum bonds" means (i) bonds authorized by Public Act
1588-503 and issued under Section 20a of the Chicago Park
16District Act for aquarium and museum projects; (ii) bonds
17issued under Section 15 of the Local Government Debt Reform
18Act; or (iii) refunding obligations issued to refund or to
19continue to refund obligations initially issued pursuant to
20referendum.
21    "Special purpose extensions" include, but are not limited
22to, extensions for levies made on an annual basis for
23unemployment and workers' compensation, self-insurance,
24contributions to pension plans, and extensions made pursuant
25to Section 6-601 of the Illinois Highway Code for a road
26district's permanent road fund whether levied annually or not.

 

 

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1The extension for a special service area is not included in the
2aggregate extension.
3    "Aggregate extension base" means the taxing district's
4last preceding aggregate extension as adjusted under Sections
518-135, 18-215, 18-230, 18-206, and 18-233. Beginning with
6levy year 2022, for taxing districts that are specified in
7Section 18-190.7, the taxing district's aggregate extension
8base shall be calculated as provided in Section 18-190.7. An
9adjustment under Section 18-135 shall be made for the 2007
10levy year and all subsequent levy years whenever one or more
11counties within which a taxing district is located (i) used
12estimated valuations or rates when extending taxes in the
13taxing district for the last preceding levy year that resulted
14in the over or under extension of taxes, or (ii) increased or
15decreased the tax extension for the last preceding levy year
16as required by Section 18-135(c). Whenever an adjustment is
17required under Section 18-135, the aggregate extension base of
18the taxing district shall be equal to the amount that the
19aggregate extension of the taxing district would have been for
20the last preceding levy year if either or both (i) actual,
21rather than estimated, valuations or rates had been used to
22calculate the extension of taxes for the last levy year, or
23(ii) the tax extension for the last preceding levy year had not
24been adjusted as required by subsection (c) of Section 18-135.
25Notwithstanding any other provision of law, if a taxing
26district grants a property tax abatement for a defined period

 

 

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1of time measured in levy years, then, for the first levy year
2after the expiration of the abatement, the district's
3aggregate extension base shall be the taxing district's last
4preceding aggregate extension, as adjusted under Sections
518-135, 18-215, and 18-230, plus the amount of the expired
6abatement for the previous levy year.
7    Notwithstanding any other provision of law, for levy year
82012, the aggregate extension base for West Northfield School
9District No. 31 in Cook County shall be $12,654,592.
10    Notwithstanding any other provision of law, for levy year
112022, the aggregate extension base of a home equity assurance
12program that levied at least $1,000,000 in property taxes in
13levy year 2019 or 2020 under the Home Equity Assurance Act
14shall be the amount that the program's aggregate extension
15base for levy year 2021 would have been if the program had
16levied a property tax for levy year 2021.
17    "Levy year" has the same meaning as "year" under Section
181-155.
19    "New property" means (i) the assessed value, after final
20board of review or board of appeals action, of new
21improvements or additions to existing improvements on any
22parcel of real property that increase the assessed value of
23that real property during the levy year multiplied by the
24equalization factor issued by the Department under Section
2517-30, (ii) the assessed value, after final board of review or
26board of appeals action, of real property not exempt from real

 

 

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1estate taxation, which real property was exempt from real
2estate taxation for any portion of the immediately preceding
3levy year, multiplied by the equalization factor issued by the
4Department under Section 17-30, including the assessed value,
5upon final stabilization of occupancy after new construction
6is complete, of any real property located within the
7boundaries of an otherwise or previously exempt military
8reservation that is intended for residential use and owned by
9or leased to a private corporation or other entity, (iii) in
10counties that classify in accordance with Section 4 of Article
11IX of the Illinois Constitution, an incentive property's
12additional assessed value resulting from a scheduled increase
13in the level of assessment as applied to the first year final
14board of review market value, and (iv) any increase in
15assessed value due to oil or gas production from an oil or gas
16well required to be permitted under the Hydraulic Fracturing
17Regulatory Act that was not produced in or accounted for
18during the previous levy year. In addition, the county clerk
19in a county containing a population of 3,000,000 or more shall
20include in the 1997 recovered tax increment value for any
21school district, any recovered tax increment value that was
22applicable to the 1995 tax year calculations.
23    "Qualified airport authority" means an airport authority
24organized under the Airport Authorities Act and located in a
25county bordering on the State of Wisconsin and having a
26population in excess of 200,000 and not greater than 500,000.

 

 

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

 

 

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1equal to the 1994 equalized assessed value of each taxable
2lot, block, tract, or parcel of real property in the
3redevelopment project area over and above the initial
4equalized assessed value of each property in the redevelopment
5project area. In the first year after a municipality removes a
6taxable lot, block, tract, or parcel of real property from a
7redevelopment project area established under the Tax Increment
8Allocation Redevelopment Act in the Illinois Municipal Code,
9the Industrial Jobs Recovery Law in the Illinois Municipal
10Code, or the Economic Development Area Tax Increment
11Allocation Act, "recovered tax increment value" means the
12amount of the current year's equalized assessed value of each
13taxable lot, block, tract, or parcel of real property removed
14from the redevelopment project area over and above the initial
15equalized assessed value of that real property before removal
16from the redevelopment project area.
17    Except as otherwise provided in this Section, "limiting
18rate" means a fraction the numerator of which is the last
19preceding aggregate extension base times an amount equal to
20one plus the extension limitation defined in this Section and
21the denominator of which is the current year's equalized
22assessed value of all real property in the territory under the
23jurisdiction of the taxing district during the prior levy
24year. For those taxing districts that reduced their aggregate
25extension for the last preceding levy year, except for school
26districts that reduced their extension for educational

 

 

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1purposes pursuant to Section 18-206, the highest aggregate
2extension in any of the last 3 preceding levy years shall be
3used for the purpose of computing the limiting rate. The
4denominator shall not include new property or the recovered
5tax increment value. If a new rate, a rate decrease, or a
6limiting rate increase has been approved at an election held
7after March 21, 2006, then (i) the otherwise applicable
8limiting rate shall be increased by the amount of the new rate
9or shall be reduced by the amount of the rate decrease, as the
10case may be, or (ii) in the case of a limiting rate increase,
11the limiting rate shall be equal to the rate set forth in the
12proposition approved by the voters for each of the years
13specified in the proposition, after which the limiting rate of
14the taxing district shall be calculated as otherwise provided.
15In the case of a taxing district that obtained referendum
16approval for an increased limiting rate on March 20, 2012, the
17limiting rate for tax year 2012 shall be the rate that
18generates the approximate total amount of taxes extendable for
19that tax year, as set forth in the proposition approved by the
20voters; this rate shall be the final rate applied by the county
21clerk for the aggregate of all capped funds of the district for
22tax year 2012.
23(Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21;
24102-519, eff. 8-20-21; 102-558, eff. 8-20-21; 102-707, eff.
254-22-22; 102-813, eff. 5-13-22; 102-895, eff. 5-23-22;
26103-154, eff. 6-30-23.)
 

 

 

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1    Section 99. Effective date. This Act takes effect upon
2becoming law.