Illinois General Assembly - Full Text of SB0196
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Full Text of SB0196  103rd General Assembly

SB0196 103RD GENERAL ASSEMBLY

  
  

 


 
103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
SB0196

 

Introduced 1/31/2023, by Sen. Dan McConchie

 

SYNOPSIS AS INTRODUCED:
 
35 ILCS 200/18-185
35 ILCS 200/18-205
35 ILCS 200/18-207 new
35 ILCS 200/18-212

    Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that a taxing district shall reduce its aggregate extension base for the purpose of lowering its limiting rate for future years upon referendum approval initiated by the submission of a petition by the voters of the district. Provides that the extension limitation shall be: (a) the lesser of 5% or the average percentage increase in the Consumer Price Index for the 10 years immediately preceding the levy year for which the extension limitation is being calculated; or (b) the rate of increase approved by the voters. Effective immediately.


LRB103 25042 HLH 51376 b

 

 

A BILL FOR

 

SB0196LRB103 25042 HLH 51376 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
5Sections 18-185, 18-205, and 18-212 and by adding Section
618-207 as follows:
 
7    (35 ILCS 200/18-185)
8    Sec. 18-185. Short title; definitions. This Division 5
9may be cited as the Property Tax Extension Limitation Law. As
10used in this Division 5:
11    "Consumer Price Index" means the Consumer Price Index for
12All Urban Consumers for all items published by the United
13States Department of Labor.
14    "Extension limitation" means, for taxable years prior to
152024: (a) the lesser of 5% or the percentage increase in the
16Consumer Price Index during the 12-month calendar year
17preceding the levy year; or (b) the rate of increase approved
18by voters under Section 18-205.
19    "Extension limitation" means, for taxable year 2024 and
20thereafter: (a) the lesser of 5% or the average percentage
21increase in the Consumer Price Index for the 10 years
22immediately preceding the levy year for which the extension
23limitation is being calculated; or (b) the rate of increase

 

 

SB0196- 2 -LRB103 25042 HLH 51376 b

1approved by voters under Section 18-205.
2    "Affected county" means a county of 3,000,000 or more
3inhabitants or a county contiguous to a county of 3,000,000 or
4more inhabitants.
5    "Taxing district" has the same meaning provided in Section
61-150, except as otherwise provided in this Section. For the
71991 through 1994 levy years only, "taxing district" includes
8only each non-home rule taxing district having the majority of
9its 1990 equalized assessed value within any county or
10counties contiguous to a county with 3,000,000 or more
11inhabitants. Beginning with the 1995 levy year, "taxing
12district" includes only each non-home rule taxing district
13subject to this Law before the 1995 levy year and each non-home
14rule taxing district not subject to this Law before the 1995
15levy year having the majority of its 1994 equalized assessed
16value in an affected county or counties. Beginning with the
17levy year in which this Law becomes applicable to a taxing
18district as provided in Section 18-213, "taxing district" also
19includes those taxing districts made subject to this Law as
20provided in Section 18-213.
21    "Aggregate extension" for taxing districts to which this
22Law applied before the 1995 levy year means the annual
23corporate extension for the taxing district and those special
24purpose extensions that are made annually for the taxing
25district, excluding special purpose extensions: (a) made for
26the taxing district to pay interest or principal on general

 

 

SB0196- 3 -LRB103 25042 HLH 51376 b

1obligation bonds that were approved by referendum; (b) made
2for any taxing district to pay interest or principal on
3general obligation bonds issued before October 1, 1991; (c)
4made for any taxing district to pay interest or principal on
5bonds issued to refund or continue to refund those bonds
6issued before October 1, 1991; (d) made for any taxing
7district to pay interest or principal on bonds issued to
8refund or continue to refund bonds issued after October 1,
91991 that were approved by referendum; (e) made for any taxing
10district to pay interest or principal on revenue bonds issued
11before October 1, 1991 for payment of which a property tax levy
12or the full faith and credit of the unit of local government is
13pledged; however, a tax for the payment of interest or
14principal on those bonds shall be made only after the
15governing body of the unit of local government finds that all
16other sources for payment are insufficient to make those
17payments; (f) made for payments under a building commission
18lease when the lease payments are for the retirement of bonds
19issued by the commission before October 1, 1991, to pay for the
20building project; (g) made for payments due under installment
21contracts entered into before October 1, 1991; (h) made for
22payments of principal and interest on bonds issued under the
23Metropolitan Water Reclamation District Act to finance
24construction projects initiated before October 1, 1991; (i)
25made for payments of principal and interest on limited bonds,
26as defined in Section 3 of the Local Government Debt Reform

 

 

SB0196- 4 -LRB103 25042 HLH 51376 b

1Act, in an amount not to exceed the debt service extension base
2less the amount in items (b), (c), (e), and (h) of this
3definition for non-referendum obligations, except obligations
4initially issued pursuant to referendum; (j) made for payments
5of principal and interest on bonds issued under Section 15 of
6the Local Government Debt Reform Act; (k) made by a school
7district that participates in the Special Education District
8of Lake County, created by special education joint agreement
9under Section 10-22.31 of the School Code, for payment of the
10school district's share of the amounts required to be
11contributed by the Special Education District of Lake County
12to the Illinois Municipal Retirement Fund under Article 7 of
13the Illinois Pension Code; the amount of any extension under
14this item (k) shall be certified by the school district to the
15county clerk; (l) made to fund expenses of providing joint
16recreational programs for persons with disabilities under
17Section 5-8 of the Park District Code or Section 11-95-14 of
18the Illinois Municipal Code; (m) made for temporary relocation
19loan repayment purposes pursuant to Sections 2-3.77 and
2017-2.2d of the School Code; (n) made for payment of principal
21and interest on any bonds issued under the authority of
22Section 17-2.2d of the School Code; (o) made for contributions
23to a firefighter's pension fund created under Article 4 of the
24Illinois Pension Code, to the extent of the amount certified
25under item (5) of Section 4-134 of the Illinois Pension Code;
26and (p) made for road purposes in the first year after a

 

 

SB0196- 5 -LRB103 25042 HLH 51376 b

1township assumes the rights, powers, duties, assets, property,
2liabilities, obligations, and responsibilities of a road
3district abolished under the provisions of Section 6-133 of
4the Illinois Highway Code.
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 the annual corporate extension for the taxing
9district and those special purpose extensions that are made
10annually for the taxing district, excluding special purpose
11extensions: (a) made for the taxing district to pay interest
12or principal on general obligation bonds that were approved by
13referendum; (b) made for any taxing district to pay interest
14or principal on general obligation bonds issued before March
151, 1995; (c) made for any taxing district to pay interest or
16principal on bonds issued to refund or continue to refund
17those bonds issued before March 1, 1995; (d) made for any
18taxing district to pay interest or principal on bonds issued
19to refund or continue to refund bonds issued after March 1,
201995 that were approved by referendum; (e) made for any taxing
21district to pay interest or principal on revenue bonds issued
22before March 1, 1995 for payment of which a property tax levy
23or the full faith and credit of the unit of local government is
24pledged; however, a tax for the payment of interest or
25principal on those bonds shall be made only after the
26governing body of the unit of local government finds that all

 

 

SB0196- 6 -LRB103 25042 HLH 51376 b

1other sources for payment are insufficient to make those
2payments; (f) made for payments under a building commission
3lease when the lease payments are for the retirement of bonds
4issued by the commission before March 1, 1995 to pay for the
5building project; (g) made for payments due under installment
6contracts entered into before March 1, 1995; (h) made for
7payments of principal and interest on bonds issued under the
8Metropolitan Water Reclamation District Act to finance
9construction projects initiated before October 1, 1991; (h-4)
10made for stormwater management purposes by the Metropolitan
11Water Reclamation District of Greater Chicago under Section 12
12of the Metropolitan Water Reclamation District Act; (h-8) made
13for payments of principal and interest on bonds issued under
14Section 9.6a of the Metropolitan Water Reclamation District
15Act to make contributions to the pension fund established
16under Article 13 of the Illinois Pension Code; (i) made for
17payments of principal and interest on limited bonds, as
18defined in Section 3 of the Local Government Debt Reform Act,
19in an amount not to exceed the debt service extension base less
20the amount in items (b), (c), and (e) of this definition for
21non-referendum obligations, except obligations initially
22issued pursuant to referendum and bonds described in
23subsections (h) and (h-8) 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

 

 

SB0196- 7 -LRB103 25042 HLH 51376 b

1Public Act 88-503 and issued under Section 20a of the Chicago
2Park District Act for aquarium or museum projects and bonds
3issued under Section 20a of the Chicago Park District Act for
4the purpose of making contributions to the pension fund
5established under Article 12 of the Illinois Pension Code; (l)
6made for payments of principal and interest on bonds
7authorized by Public Act 87-1191 or 93-601 and (i) issued
8pursuant to Section 21.2 of the Cook County Forest Preserve
9District Act, (ii) issued under Section 42 of the Cook County
10Forest Preserve District Act for zoological park projects, or
11(iii) issued under Section 44.1 of the Cook County Forest
12Preserve District Act for botanical gardens projects; (m) made
13pursuant to Section 34-53.5 of the School Code, whether levied
14annually or not; (n) made to fund expenses of providing joint
15recreational programs for persons with disabilities under
16Section 5-8 of the Park District Code or Section 11-95-14 of
17the Illinois Municipal Code; (o) made by the Chicago Park
18District for recreational programs for persons with
19disabilities under subsection (c) of Section 7.06 of the
20Chicago Park District Act; (p) made for contributions to a
21firefighter's pension fund created under Article 4 of the
22Illinois Pension Code, to the extent of the amount certified
23under item (5) of Section 4-134 of the Illinois Pension Code;
24(q) made by Ford Heights School District 169 under Section
2517-9.02 of the School Code; and (r) made for the purpose of
26making employer contributions to the Public School Teachers'

 

 

SB0196- 8 -LRB103 25042 HLH 51376 b

1Pension and Retirement Fund of Chicago under Section 34-53 of
2the School Code.
3    "Aggregate extension" for all taxing districts to which
4this Law applies in accordance with Section 18-213, except for
5those taxing districts subject to paragraph (2) of subsection
6(e) of Section 18-213, means the annual corporate extension
7for the taxing district and those special purpose extensions
8that are made annually for the taxing district, excluding
9special purpose extensions: (a) made for the taxing district
10to pay interest or principal on general obligation bonds that
11were approved by referendum; (b) made for any taxing district
12to pay interest or principal on general obligation bonds
13issued before the date on which the referendum making this Law
14applicable to the taxing district is held; (c) made for any
15taxing district to pay interest or principal on bonds issued
16to refund or continue to refund those bonds issued before the
17date on which the referendum making this Law applicable to the
18taxing district is held; (d) made for any taxing district to
19pay interest or principal on bonds issued to refund or
20continue to refund bonds issued after the date on which the
21referendum making this Law applicable to the taxing district
22is held if the bonds were approved by referendum after the date
23on which the referendum making this Law applicable to the
24taxing district is held; (e) made for any taxing district to
25pay interest or principal on revenue bonds issued before the
26date on which the referendum making this Law applicable to the

 

 

SB0196- 9 -LRB103 25042 HLH 51376 b

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

 

 

SB0196- 10 -LRB103 25042 HLH 51376 b

1before March 1, 1996 (but not including any amendments to such
2a contract taking effect on or after that date); (k) made to
3fund expenses of providing joint recreational programs for
4persons with disabilities under Section 5-8 of the Park
5District Code or Section 11-95-14 of the Illinois Municipal
6Code; (l) made for contributions to a firefighter's pension
7fund created under Article 4 of the Illinois Pension Code, to
8the extent of the amount certified under item (5) of Section
94-134 of the Illinois Pension Code; and (m) made for the taxing
10district to pay interest or principal on general obligation
11bonds issued pursuant to Section 19-3.10 of the School Code.
12    "Aggregate extension" for all taxing districts to which
13this Law applies in accordance with paragraph (2) of
14subsection (e) of Section 18-213 means the annual corporate
15extension for the taxing district and those special purpose
16extensions that are made annually for the taxing district,
17excluding special purpose extensions: (a) made for the taxing
18district to pay interest or principal on general obligation
19bonds that were approved by referendum; (b) made for any
20taxing district to pay interest or principal on general
21obligation bonds issued before March 7, 1997 (the effective
22date of Public Act 89-718); (c) made for any taxing district to
23pay interest or principal on bonds issued to refund or
24continue to refund those bonds issued before March 7, 1997
25(the effective date of Public Act 89-718); (d) made for any
26taxing district to pay interest or principal on bonds issued

 

 

SB0196- 11 -LRB103 25042 HLH 51376 b

1to refund or continue to refund bonds issued after March 7,
21997 (the effective date of Public Act 89-718) if the bonds
3were approved by referendum after March 7, 1997 (the effective
4date of Public Act 89-718); (e) made for any taxing district to
5pay interest or principal on revenue bonds issued before March
67, 1997 (the effective date of Public Act 89-718) for payment
7of which a property tax levy or the full faith and credit of
8the unit of local government is pledged; however, a tax for the
9payment of interest or principal on those bonds shall be made
10only after the governing body of the unit of local government
11finds that all other sources for payment are insufficient to
12make those payments; (f) made for payments under a building
13commission lease when the lease payments are for the
14retirement of bonds issued by the commission before March 7,
151997 (the effective date of Public Act 89-718) to pay for the
16building project; (g) made for payments due under installment
17contracts entered into before March 7, 1997 (the effective
18date of Public Act 89-718); (h) made for payments of principal
19and interest on limited bonds, as defined in Section 3 of the
20Local Government Debt Reform Act, in an amount not to exceed
21the debt service extension base less the amount in items (b),
22(c), and (e) of this definition for non-referendum
23obligations, except obligations initially issued pursuant to
24referendum; (i) made for payments of principal and interest on
25bonds issued under Section 15 of the Local Government Debt
26Reform Act; (j) made for a qualified airport authority to pay

 

 

SB0196- 12 -LRB103 25042 HLH 51376 b

1interest or principal on general obligation bonds issued for
2the purpose of paying obligations due under, or financing
3airport facilities required to be acquired, constructed,
4installed or equipped pursuant to, contracts entered into
5before March 1, 1996 (but not including any amendments to such
6a contract taking effect on or after that date); (k) made to
7fund expenses of providing joint recreational programs for
8persons with disabilities under Section 5-8 of the Park
9District Code or Section 11-95-14 of the Illinois Municipal
10Code; and (l) made for contributions to a firefighter's
11pension fund created under Article 4 of the Illinois Pension
12Code, to the extent of the amount certified under item (5) of
13Section 4-134 of the Illinois Pension Code.
14    "Debt service extension base" means an amount equal to
15that portion of the extension for a taxing district for the
161994 levy year, or for those taxing districts subject to this
17Law in accordance with Section 18-213, except for those
18subject to paragraph (2) of subsection (e) of Section 18-213,
19for the levy year in which the referendum making this Law
20applicable to the taxing district is held, or for those taxing
21districts subject to this Law in accordance with paragraph (2)
22of subsection (e) of Section 18-213 for the 1996 levy year,
23constituting an extension for payment of principal and
24interest on bonds issued by the taxing district without
25referendum, but not including excluded non-referendum bonds.
26For park districts (i) that were first subject to this Law in

 

 

SB0196- 13 -LRB103 25042 HLH 51376 b

11991 or 1995 and (ii) whose extension for the 1994 levy year
2for the payment of principal and interest on bonds issued by
3the park district without referendum (but not including
4excluded non-referendum bonds) was less than 51% of the amount
5for the 1991 levy year constituting an extension for payment
6of principal and interest on bonds issued by the park district
7without referendum (but not including excluded non-referendum
8bonds), "debt service extension base" means an amount equal to
9that portion of the extension for the 1991 levy year
10constituting an extension for payment of principal and
11interest on bonds issued by the park district without
12referendum (but not including excluded non-referendum bonds).
13A debt service extension base established or increased at any
14time pursuant to any provision of this Law, except Section
1518-212, shall be increased each year commencing with the later
16of (i) the 2009 levy year or (ii) the first levy year in which
17this Law becomes applicable to the taxing district, by the
18extension limitation lesser of 5% or the percentage increase
19in the Consumer Price Index during the 12-month calendar year
20preceding the levy year. The debt service extension base may
21be established or increased as provided under Section 18-212.
22"Excluded non-referendum bonds" means (i) bonds authorized by
23Public Act 88-503 and issued under Section 20a of the Chicago
24Park District Act for aquarium and museum projects; (ii) bonds
25issued under Section 15 of the Local Government Debt Reform
26Act; or (iii) refunding obligations issued to refund or to

 

 

SB0196- 14 -LRB103 25042 HLH 51376 b

1continue to refund obligations initially issued pursuant to
2referendum.
3    "Special purpose extensions" include, but are not limited
4to, extensions for levies made on an annual basis for
5unemployment and workers' compensation, self-insurance,
6contributions to pension plans, and extensions made pursuant
7to Section 6-601 of the Illinois Highway Code for a road
8district's permanent road fund whether levied annually or not.
9The extension for a special service area is not included in the
10aggregate extension.
11    "Aggregate extension base" means the taxing district's
12last preceding aggregate extension as adjusted under Sections
1318-135, 18-215, 18-230, 18-206, and 18-233. Beginning with
14levy year 2022, for taxing districts that are specified in
15Section 18-190.7, the taxing district's aggregate extension
16base shall be calculated as provided in Section 18-190.7. An
17adjustment under Section 18-135 shall be made for the 2007
18levy year and all subsequent levy years whenever one or more
19counties within which a taxing district is located (i) used
20estimated valuations or rates when extending taxes in the
21taxing district for the last preceding levy year that resulted
22in the over or under extension of taxes, or (ii) increased or
23decreased the tax extension for the last preceding levy year
24as required by Section 18-135(c). Whenever an adjustment is
25required under Section 18-135, the aggregate extension base of
26the taxing district shall be equal to the amount that the

 

 

SB0196- 15 -LRB103 25042 HLH 51376 b

1aggregate extension of the taxing district would have been for
2the last preceding levy year if either or both (i) actual,
3rather than estimated, valuations or rates had been used to
4calculate the extension of taxes for the last levy year, or
5(ii) the tax extension for the last preceding levy year had not
6been adjusted as required by subsection (c) of Section 18-135.
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

 

 

SB0196- 16 -LRB103 25042 HLH 51376 b

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.

 

 

SB0196- 17 -LRB103 25042 HLH 51376 b

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

 

 

SB0196- 18 -LRB103 25042 HLH 51376 b

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 (as reduced by Section
2018-207, if applicable) times an amount equal to one plus the
21extension limitation defined in this Section and the
22denominator of which is the current year's equalized assessed
23value of all real property in the territory under the
24jurisdiction of the taxing district during the prior levy
25year. For those taxing districts that reduced their aggregate
26extension for the last preceding levy year, except for school

 

 

SB0196- 19 -LRB103 25042 HLH 51376 b

1districts that reduced their extension for educational
2purposes pursuant to Section 18-206 and taxing districts that
3reduced their aggregate extension pursuant to Section 18-207,
4the highest aggregate extension in any of the last 3 preceding
5levy years shall be used for the purpose of computing the
6limiting rate. The denominator shall not include new property
7or the recovered tax increment value. If a new rate, a rate
8decrease, or a limiting rate increase has been approved at an
9election held after March 21, 2006, then (i) the otherwise
10applicable limiting rate shall be increased by the amount of
11the new rate or shall be reduced by the amount of the rate
12decrease, as the case may be, or (ii) in the case of a limiting
13rate increase, the limiting rate shall be equal to the rate set
14forth in the proposition approved by the voters for each of the
15years specified in the proposition, after which the limiting
16rate of the taxing district shall be calculated as otherwise
17provided. In the case of a taxing district that obtained
18referendum approval for an increased limiting rate on March
1920, 2012, the limiting rate for tax year 2012 shall be the rate
20that generates the approximate total amount of taxes
21extendable for that tax year, as set forth in the proposition
22approved by the voters; this rate shall be the final rate
23applied by the county clerk for the aggregate of all capped
24funds of the district for tax year 2012.
25(Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21;
26102-519, eff. 8-20-21; 102-558, eff. 8-20-21; 102-707, eff.

 

 

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14-22-22; 102-813, eff. 5-13-22; 102-895, eff. 5-23-22; revised
28-29-22.)
 
3    (35 ILCS 200/18-205)
4    Sec. 18-205. Referendum to increase the extension
5limitation. A taxing district is limited to an extension
6limitation as defined in Section 18-185 of 5% or the
7percentage increase in the Consumer Price Index during the
812-month calendar year preceding the levy year, whichever is
9less. A taxing district may increase its extension limitation
10for one or more levy years if that taxing district holds a
11referendum before the levy date for the first levy year at
12which a majority of voters voting on the issue approves
13adoption of a higher extension limitation. Referenda shall be
14conducted at a regularly scheduled election in accordance with
15the Election Code. The question shall be presented in
16substantially the following manner for all elections held
17after March 21, 2006:
18        Shall the extension limitation under the Property Tax
19    Extension Limitation Law for (insert the legal name,
20    number, if any, and county or counties of the taxing
21    district and geographic or other common name by which a
22    school or community college district is known and referred
23    to), Illinois, be increased from (the extension limitation
24    under item (a) of the definition of extension limitation
25    in Section 18-185) the lesser of 5% or the percentage

 

 

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1    increase in the Consumer Price Index over the prior levy
2    year to (insert the percentage of the proposed increase)%
3    per year for (insert each levy year for which the
4    increased extension limitation will apply)?
5The votes must be recorded as "Yes" or "No".
6If a majority of voters voting on the issue approves the
7adoption of the increase, the increase shall be applicable for
8each levy year specified.
9    The ballot for any question submitted pursuant to this
10Section shall have printed thereon, but not as a part of the
11question submitted, only the following supplemental
12information (which shall be supplied to the election authority
13by the taxing district) in substantially the following form:
14        (1) For the (insert the first levy year for which the
15    increased extension limitation will be applicable) levy
16    year the approximate amount of the additional tax
17    extendable against property containing a single family
18    residence and having a fair market value at the time of the
19    referendum of $100,000 is estimated to be $....
20        (2) Based upon an average annual percentage increase
21    (or decrease) in the market value of such property of ...%
22    (insert percentage equal to the average annual percentage
23    increase or decrease for the prior 3 levy years, at the
24    time the submission of the question is initiated by the
25    taxing district, in the amount of (A) the equalized
26    assessed value of the taxable property in the taxing

 

 

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

 

 

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1initiated by the taxing district; and (iv) the difference
2between the percentage increase proposed in the question and
3the otherwise applicable extension limitation lesser of 5% or
4the percentage increase in the Consumer Price Index for the
5prior levy year (or an estimate of the percentage increase for
6the prior levy year if the increase is unavailable at the time
7the submission of the question is initiated by the taxing
8district); and dividing the result by the last known equalized
9assessed value of the taxing district at the time the
10submission of the question is initiated by the taxing
11district. This amendatory Act of the 97th General Assembly is
12intended to clarify the existing requirements of this Section,
13and shall not be construed to validate any prior non-compliant
14referendum language. Any notice required to be published in
15connection with the submission of the question shall also
16contain this supplemental information and shall not contain
17any other supplemental information. Any error, miscalculation,
18or inaccuracy in computing any amount set forth on the ballot
19or in the notice that is not deliberate shall not invalidate or
20affect the validity of any proposition approved. Notice of the
21referendum shall be published and posted as otherwise required
22by law, and the submission of the question shall be initiated
23as provided by law.
24(Source: P.A. 97-1087, eff. 8-24-12.)
 
25    (35 ILCS 200/18-207 new)

 

 

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1    Sec. 18-207. Reduced aggregate extension base.
2    (a) Upon submission of a petition signed by a number of
3voters of the taxing district that is not less than 10% of the
4votes cast in the taxing district at the immediately preceding
5gubernatorial election, the question of whether a taxing
6district shall reduce its aggregate extension base for the
7purpose of lowering its limiting rate for future years shall
8be submitted to the voters of the taxing district at the next
9general or consolidated election. The petition shall set forth
10the amount of the reduction and the levy years for which the
11reduction shall be applicable.
12    (b) The petition shall be filed with the applicable
13election authority, as defined in Section 1-3 of the Election
14Code, or, in the case of multiple election authorities, with
15the State Board of Elections, not more than 10 months nor less
16than 6 months prior to the election at which the question is to
17be submitted to the voters, and its validity shall be
18determined as provided by Article 28 of the Election Code and
19general election law. The election authority or Board, as
20applicable, shall certify the question and the proper election
21authority or authorities shall submit the question to the
22voters. Except as otherwise provided in this Section, this
23referendum shall be subject to all other general election law
24requirements.
25    (c) The proposition seeking to reduce the aggregate
26extension base shall be in substantially the following form:

 

 

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1        Shall the aggregate extension base used to calculate
2    the limiting rate for (taxing district) under the Property
3    Tax Extension Limitation Law be reduced by (amount of
4    money expressed in U.S. dollars) for (levy year or years)?
5    Votes shall be recorded as "Yes" or "No".
6    If a majority of all votes cast on the proposition are in
7favor of the proposition, then the aggregate extension base
8shall be reduced as provided in the referendum.
 
9    (35 ILCS 200/18-212)
10    Sec. 18-212. Referendum on debt service extension base. A
11taxing district may establish or increase its debt service
12extension base if (i) that taxing district holds a referendum
13before the date on which the levy must be filed with the county
14clerk of the county or counties in which the taxing district is
15situated and (ii) a majority of voters voting on the issue
16approves the establishment of or increase in the debt service
17extension base. A debt service extension base established or
18increased by a referendum held pursuant to this Section after
19February 2, 2010, shall be increased each year, commencing
20with the first levy year beginning after the date of the
21referendum, by the extension limitation lesser of 5% or the
22percentage increase in the Consumer Price Index during the
2312-month calendar year preceding the levy year if the optional
24language concerning the annual increase is included in the
25question submitted to the electors of the taxing district.

 

 

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1Referenda under this Section shall be conducted at a regularly
2scheduled election in accordance with the Election Code. The
3governing body of the taxing district shall certify the
4question to the proper election authorities who shall submit
5the question to the electors of the taxing district in
6substantially the following form:
7        "Shall the debt service extension base under the
8    Property Tax Extension Limitation Law for ... (taxing
9    district name) ... for payment of principal and interest
10    on limited bonds be .... ((established at $ ....) . (or)
11    (increased from $ .... to $ ....)) .. for the ..... levy
12    year and all subsequent levy years (optional language: ,
13    such debt service extension base to be increased each year
14    by (extension limitation amount) the lesser of 5% or the
15    percentage increase in the Consumer Price Index during the
16    12-month calendar year preceding the levy year)?"
17    Votes on the question shall be recorded as "Yes" or "No".
18    If a majority of voters voting on the issue approves the
19establishment of or increase in the debt service extension
20base, the establishment of or increase in the debt service
21extension base shall be applicable for the levy years
22specified.
23(Source: P.A. 96-1202, eff. 7-22-10.)
 
24    Section 99. Effective date. This Act takes effect upon
25becoming law.