Bill Text: IL HB2397 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, if, at the end of any levy year, a taxing district has reserves of 50% or more of its operating budget for that levy year, then, for the next levy year, "extension limitation" means 0% or the rate of increase approved by the voters. Preempts the power of home rule units to tax. Effective immediately.

Spectrum: Bipartisan Bill

Status: (Introduced) 2017-05-31 - Rule 19(a) / Re-referred to Rules Committee [HB2397 Detail]

Download: Illinois-2017-HB2397-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB2397

Introduced , by Rep. Fred Crespo

SYNOPSIS AS INTRODUCED:
35 ILCS 200/18-185
35 ILCS 200/18-205
35 ILCS 200/18-242 new
30 ILCS 805/8.41 new

Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, if, at the end of any levy year, a taxing district has reserves of 50% or more of its operating budget for that levy year, then, for the next levy year, "extension limitation" means 0% or the rate of increase approved by the voters. Preempts the power of home rule units to tax. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

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1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Property Tax Code is amended by changing
5Sections 18-185 and 18-205 and by adding Section 18-242 as
6follows:
7 (35 ILCS 200/18-185)
8 (Text of Section before amendment by P.A. 99-521)
9 Sec. 18-185. Short title; definitions. This Division 5 may
10be cited as the Property Tax Extension Limitation Law. As used
11in this Division 5:
12 "Consumer Price Index" means the Consumer Price Index for
13All Urban Consumers for all items published by the United
14States Department of Labor.
15 "Extension limitation" means, except as otherwise provided
16in this Section, (a) the lesser of 5% or the percentage
17increase in the Consumer Price Index during the 12-month
18calendar year preceding the levy year or (b) the rate of
19increase approved by voters under Section 18-205.
20 If, at the end of any levy year, any taxing district, as
21defined in Section 1-150, has reserves of 50% or more of its
22operating budget for that levy year, then, for the next levy
23year, "extension limitation" means 0% or the rate of increase

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1approved by the 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 counties
10contiguous to a county with 3,000,000 or more inhabitants.
11Beginning with the 1995 levy year, "taxing district" includes
12only each non-home rule taxing district subject to this Law
13before the 1995 levy year and each non-home rule taxing
14district not subject to this Law before the 1995 levy year
15having the majority of its 1994 equalized assessed value in an
16affected county or counties. Beginning with the levy year in
17which this Law becomes applicable to a taxing district as
18provided in Section 18-213, "taxing district" also includes
19those taxing districts made subject to this Law as provided in
20Section 18-213. Beginning in levy year 2017, "taxing district"
21also means any taxing district, as defined in Section 1-150,
22that had reserves of 50% or more of its operating budget at the
23end of the immediately preceding levy year.
24 "Aggregate extension" for taxing districts to which this
25Law applied before the 1995 levy year means the annual
26corporate extension for the taxing district and those special

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1purpose extensions that are made annually for the taxing
2district, excluding special purpose extensions: (a) made for
3the taxing district to pay interest or principal on general
4obligation bonds that were approved by referendum; (b) made for
5any taxing district to pay interest or principal on general
6obligation bonds issued before October 1, 1991; (c) made for
7any taxing district to pay interest or principal on bonds
8issued to refund or continue to refund those bonds issued
9before October 1, 1991; (d) made for any taxing district to pay
10interest or principal on bonds issued to refund or continue to
11refund bonds issued after October 1, 1991 that were approved by
12referendum; (e) made for any taxing district to pay interest or
13principal on revenue bonds issued before October 1, 1991 for
14payment of which a property tax levy or the full faith and
15credit of the unit of local government is pledged; however, a
16tax for the payment of interest or principal on those bonds
17shall be made only after the governing body of the unit of
18local government finds that all other sources for payment are
19insufficient to make those payments; (f) made for payments
20under a building commission lease when the lease payments are
21for the retirement of bonds issued by the commission before
22October 1, 1991, to pay for the building project; (g) made for
23payments due under installment contracts entered into before
24October 1, 1991; (h) made for payments of principal and
25interest on bonds issued under the Metropolitan Water
26Reclamation District Act to finance construction projects

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1initiated before October 1, 1991; (i) made for payments of
2principal and interest on limited bonds, as defined in Section
33 of the Local Government Debt Reform Act, in an amount not to
4exceed the debt service extension base less the amount in items
5(b), (c), (e), and (h) of this definition for non-referendum
6obligations, except obligations initially issued pursuant to
7referendum; (j) made for payments of principal and interest on
8bonds issued under Section 15 of the Local Government Debt
9Reform Act; (k) made by a school district that participates in
10the Special Education District of Lake County, created by
11special education joint agreement under Section 10-22.31 of the
12School Code, for payment of the school district's share of the
13amounts required to be contributed by the Special Education
14District of Lake County to the Illinois Municipal Retirement
15Fund under Article 7 of the Illinois Pension Code; the amount
16of any extension under this item (k) shall be certified by the
17school district to the county clerk; (l) made to fund expenses
18of providing joint recreational programs for persons with
19disabilities under Section 5-8 of the Park District Code or
20Section 11-95-14 of the Illinois Municipal Code; (m) made for
21temporary relocation loan repayment purposes pursuant to
22Sections 2-3.77 and 17-2.2d of the School Code; (n) made for
23payment of principal and interest on any bonds issued under the
24authority of Section 17-2.2d of the School Code; (o) made for
25contributions to a firefighter's pension fund created under
26Article 4 of the Illinois Pension Code, to the extent of the

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1amount certified under item (5) of Section 4-134 of the
2Illinois Pension Code; and (p) made for road purposes in the
3first year after a township assumes the rights, powers, duties,
4assets, property, liabilities, obligations, and
5responsibilities of a road district abolished under the
6provisions of Section 6-133 of the Illinois Highway Code.
7 "Aggregate extension" for the taxing districts to which
8this Law did not apply before the 1995 levy year (except taxing
9districts subject to this Law in accordance with Section 18-213
10or this amendatory Act of the 100th General Assembly) means the
11annual corporate extension for the taxing district and those
12special purpose extensions that are made annually for the
13taxing district, excluding special purpose extensions: (a)
14made for the taxing district to pay interest or principal on
15general obligation bonds that were approved by referendum; (b)
16made for any taxing district to pay interest or principal on
17general obligation bonds issued before March 1, 1995; (c) made
18for any taxing district to pay interest or principal on bonds
19issued to refund or continue to refund those bonds issued
20before March 1, 1995; (d) made for any taxing district to pay
21interest or principal on bonds issued to refund or continue to
22refund bonds issued after March 1, 1995 that were approved by
23referendum; (e) made for any taxing district to pay interest or
24principal on revenue bonds issued before March 1, 1995 for
25payment of which a property tax levy or the full faith and
26credit of the unit of local government is pledged; however, a

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1tax for the payment of interest or principal on those bonds
2shall be made only after the governing body of the unit of
3local government finds that all other sources for payment are
4insufficient to make those payments; (f) made for payments
5under a building commission lease when the lease payments are
6for the retirement of bonds issued by the commission before
7March 1, 1995 to pay for the building project; (g) made for
8payments due under installment contracts entered into before
9March 1, 1995; (h) made for payments of principal and interest
10on bonds issued under the Metropolitan Water Reclamation
11District Act to finance construction projects initiated before
12October 1, 1991; (h-4) made for stormwater management purposes
13by the Metropolitan Water Reclamation District of Greater
14Chicago under Section 12 of the Metropolitan Water Reclamation
15District Act; (i) made for payments of principal and interest
16on limited bonds, as defined in Section 3 of the Local
17Government Debt Reform Act, in an amount not to exceed the debt
18service extension base less the amount in items (b), (c), and
19(e) of this definition for non-referendum obligations, except
20obligations initially issued pursuant to referendum and bonds
21described in subsection (h) of this definition; (j) made for
22payments of principal and interest on bonds issued under
23Section 15 of the Local Government Debt Reform Act; (k) made
24for payments of principal and interest on bonds authorized by
25Public Act 88-503 and issued under Section 20a of the Chicago
26Park District Act for aquarium or museum projects; (l) made for

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1payments of principal and interest on bonds authorized by
2Public Act 87-1191 or 93-601 and (i) issued pursuant to Section
321.2 of the Cook County Forest Preserve District Act, (ii)
4issued under Section 42 of the Cook County Forest Preserve
5District Act for zoological park projects, or (iii) issued
6under Section 44.1 of the Cook County Forest Preserve District
7Act for botanical gardens projects; (m) made pursuant to
8Section 34-53.5 of the School Code, whether levied annually or
9not; (n) made to fund expenses of providing joint recreational
10programs for persons with disabilities under Section 5-8 of the
11Park District Code or Section 11-95-14 of the Illinois
12Municipal Code; (o) made by the Chicago Park District for
13recreational programs for persons with disabilities under
14subsection (c) of Section 7.06 of the Chicago Park District
15Act; (p) made for contributions to a firefighter's pension fund
16created under Article 4 of the Illinois Pension Code, to the
17extent of the amount certified under item (5) of Section 4-134
18of the Illinois Pension Code; and (q) made by Ford Heights
19School District 169 under Section 17-9.02 of the School Code.
20 "Aggregate extension" for all taxing districts to which
21this Law applies in accordance with Section 18-213, except for
22those taxing districts subject to paragraph (2) of subsection
23(e) of Section 18-213, means the annual corporate extension for
24the taxing district and those special purpose extensions that
25are made annually for the taxing district, excluding special
26purpose extensions: (a) made for the taxing district to pay

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

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

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1principal on general obligation bonds issued pursuant to
2Section 19-3.10 of the School Code.
3 "Aggregate extension" for all taxing districts to which
4this Law applies in accordance with paragraph (2) of subsection
5(e) of Section 18-213 or this amendatory Act of the 100th
6General Assembly means the annual corporate extension for the
7taxing district and those special purpose extensions that are
8made annually for the taxing district, excluding special
9purpose extensions: (a) made for the taxing district to pay
10interest or principal on general obligation bonds that were
11approved by referendum; (b) made for any taxing district to pay
12interest or principal on general obligation bonds issued before
13the effective date of this amendatory Act of 1997; (c) made for
14any taxing district to pay interest or principal on bonds
15issued to refund or continue to refund those bonds issued
16before the effective date of this amendatory Act of 1997; (d)
17made for any taxing district to pay interest or principal on
18bonds issued to refund or continue to refund bonds issued after
19the effective date of this amendatory Act of 1997 if the bonds
20were approved by referendum after the effective date of this
21amendatory Act of 1997; (e) made for any taxing district to pay
22interest or principal on revenue bonds issued before the
23effective date of this amendatory Act of 1997 for payment of
24which a property tax levy or the full faith and credit of the
25unit of local government is pledged; however, a tax for the
26payment of interest or principal on those bonds shall be made

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1only after the governing body of the unit of local government
2finds that all other sources for payment are insufficient to
3make those payments; (f) made for payments under a building
4commission lease when the lease payments are for the retirement
5of bonds issued by the commission before the effective date of
6this amendatory Act of 1997 to pay for the building project;
7(g) made for payments due under installment contracts entered
8into before the effective date of this amendatory Act of 1997;
9(h) made for payments of principal and interest on limited
10bonds, as defined in Section 3 of the Local Government Debt
11Reform Act, in an amount not to exceed the debt service
12extension base less the amount in items (b), (c), and (e) of
13this definition for non-referendum obligations, except
14obligations initially issued pursuant to referendum; (i) made
15for payments of principal and interest on bonds issued under
16Section 15 of the Local Government Debt Reform Act; (j) made
17for a qualified airport authority to pay interest or principal
18on general obligation bonds issued for the purpose of paying
19obligations due under, or financing airport facilities
20required to be acquired, constructed, installed or equipped
21pursuant to, contracts entered into before March 1, 1996 (but
22not including any amendments to such a contract taking effect
23on or after that date); (k) made to fund expenses of providing
24joint recreational programs for persons with disabilities
25under Section 5-8 of the Park District Code or Section 11-95-14
26of the Illinois Municipal Code; and (l) made for contributions

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1to a firefighter's pension fund created under Article 4 of the
2Illinois Pension Code, to the extent of the amount certified
3under item (5) of Section 4-134 of the Illinois Pension Code.
4 "Debt service extension base" means an amount equal to that
5portion of the extension for a taxing district for the 1994
6levy year, or for those taxing districts subject to this Law in
7accordance with Section 18-213, except for those subject to
8paragraph (2) of subsection (e) of Section 18-213, for the levy
9year in which the referendum making this Law applicable to the
10taxing district is held, or for those taxing districts subject
11to this Law in accordance with paragraph (2) of subsection (e)
12of Section 18-213 for the 1996 levy year, constituting an
13extension for payment of principal and interest on bonds issued
14by the taxing district without referendum, but not including
15excluded non-referendum bonds. For park districts (i) that were
16first subject to this Law in 1991 or 1995 and (ii) whose
17extension for the 1994 levy year for the payment of principal
18and interest on bonds issued by the park district without
19referendum (but not including excluded non-referendum bonds)
20was less than 51% of the amount for the 1991 levy year
21constituting an extension for payment of principal and interest
22on bonds issued by the park district without referendum (but
23not including excluded non-referendum bonds), "debt service
24extension base" means an amount equal to that portion of the
25extension for the 1991 levy year constituting an extension for
26payment of principal and interest on bonds issued by the park

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1district without referendum (but not including excluded
2non-referendum bonds). A debt service extension base
3established or increased at any time pursuant to any provision
4of this Law, except Section 18-212, shall be increased each
5year commencing with the later of (i) the 2009 levy year or
6(ii) the first levy year in which this Law becomes applicable
7to the taxing district, by the lesser of 5% or the percentage
8increase in the Consumer Price Index during the 12-month
9calendar year preceding the levy year. The debt service
10extension base may be established or increased as provided
11under Section 18-212. "Excluded non-referendum bonds" means
12(i) bonds authorized by Public Act 88-503 and issued under
13Section 20a of the Chicago Park District Act for aquarium and
14museum projects; (ii) bonds issued under Section 15 of the
15Local Government Debt Reform Act; or (iii) refunding
16obligations issued to refund or to continue to refund
17obligations initially issued pursuant to referendum.
18 "Special purpose extensions" include, but are not limited
19to, extensions for levies made on an annual basis for
20unemployment and workers' compensation, self-insurance,
21contributions to pension plans, and extensions made pursuant to
22Section 6-601 of the Illinois Highway Code for a road
23district's permanent road fund whether levied annually or not.
24The extension for a special service area is not included in the
25aggregate extension.
26 "Aggregate extension base" means the taxing district's

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1last preceding aggregate extension as adjusted under Sections
218-135, 18-215, and 18-230. An adjustment under Section 18-135
3shall be made for the 2007 levy year and all subsequent levy
4years whenever one or more counties within which a taxing
5district is located (i) used estimated valuations or rates when
6extending taxes in the taxing district for the last preceding
7levy year that resulted in the over or under extension of
8taxes, or (ii) increased or decreased the tax extension for the
9last preceding levy year as required by Section 18-135(c).
10Whenever an adjustment is required under Section 18-135, the
11aggregate extension base of the taxing district shall be equal
12to the amount that the aggregate extension of the taxing
13district would have been for the last preceding levy year if
14either or both (i) actual, rather than estimated, valuations or
15rates had been used to calculate the extension of taxes for the
16last levy year, or (ii) the tax extension for the last
17preceding levy year had not been adjusted as required by
18subsection (c) of Section 18-135.
19 Notwithstanding any other provision of law, for levy year
202012, the aggregate extension base for West Northfield School
21District No. 31 in Cook County shall be $12,654,592.
22 "Levy year" has the same meaning as "year" under Section
231-155.
24 "New property" means (i) the assessed value, after final
25board of review or board of appeals action, of new improvements
26or additions to existing improvements on any parcel of real

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1property that increase the assessed value of that real property
2during the levy year multiplied by the equalization factor
3issued by the Department under Section 17-30, (ii) the assessed
4value, after final board of review or board of appeals action,
5of real property not exempt from real estate taxation, which
6real property was exempt from real estate taxation for any
7portion of the immediately preceding levy year, multiplied by
8the equalization factor issued by the Department under Section
917-30, including the assessed value, upon final stabilization
10of occupancy after new construction is complete, of any real
11property located within the boundaries of an otherwise or
12previously exempt military reservation that is intended for
13residential use and owned by or leased to a private corporation
14or other entity, (iii) in counties that classify in accordance
15with Section 4 of Article IX of the Illinois Constitution, an
16incentive property's additional assessed value resulting from
17a scheduled increase in the level of assessment as applied to
18the first year final board of review market value, and (iv) any
19increase in assessed value due to oil or gas production from an
20oil or gas well required to be permitted under the Hydraulic
21Fracturing Regulatory Act that was not produced in or accounted
22for during the previous levy year. In addition, the county
23clerk in a county containing a population of 3,000,000 or more
24shall include in the 1997 recovered tax increment value for any
25school district, any recovered tax increment value that was
26applicable to the 1995 tax year calculations.

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1 "Qualified airport authority" means an airport authority
2organized under the Airport Authorities Act and located in a
3county bordering on the State of Wisconsin and having a
4population in excess of 200,000 and not greater than 500,000.
5 "Recovered tax increment value" means, except as otherwise
6provided in this paragraph, the amount of the current year's
7equalized assessed value, in the first year after a
8municipality terminates the designation of an area as a
9redevelopment project area previously established under the
10Tax Increment Allocation Development Act in the Illinois
11Municipal Code, previously established under the Industrial
12Jobs Recovery Law in the Illinois Municipal Code, previously
13established under the Economic Development Project Area Tax
14Increment Act of 1995, or previously established under the
15Economic Development Area Tax Increment Allocation Act, of each
16taxable lot, block, tract, or parcel of real property in the
17redevelopment project area over and above the initial equalized
18assessed value of each property in the redevelopment project
19area. For the taxes which are extended for the 1997 levy year,
20the recovered tax increment value for a non-home rule taxing
21district that first became subject to this Law for the 1995
22levy year because a majority of its 1994 equalized assessed
23value was in an affected county or counties shall be increased
24if a municipality terminated the designation of an area in 1993
25as a redevelopment project area previously established under
26the Tax 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, or previously
3established under the Economic Development Area Tax Increment
4Allocation Act, by an amount equal to the 1994 equalized
5assessed value of each taxable lot, block, tract, or parcel of
6real property in the redevelopment project area over and above
7the initial equalized assessed value of each property in the
8redevelopment project area. In the first year after a
9municipality removes a taxable lot, block, tract, or parcel of
10real property from a redevelopment project area established
11under the Tax Increment Allocation Development Act in the
12Illinois Municipal Code, the Industrial Jobs Recovery Law in
13the Illinois Municipal Code, or the Economic Development Area
14Tax Increment Allocation Act, "recovered tax increment value"
15means the amount of the current year's equalized assessed value
16of each taxable lot, block, tract, or parcel of real property
17removed from the redevelopment project area over and above the
18initial equalized assessed value of that real property before
19removal from the redevelopment project area.
20 Except as otherwise provided in this Section, "limiting
21rate" means a fraction the numerator of which is the last
22preceding aggregate extension base times an amount equal to one
23plus the extension limitation defined in this Section and the
24denominator of which is the current year's equalized assessed
25value of all real property in the territory under the
26jurisdiction of the taxing district during the prior levy year.

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1For those taxing districts that reduced their aggregate
2extension for the last preceding levy year, the highest
3aggregate extension in any of the last 3 preceding levy years
4shall be used for the purpose of computing the limiting rate.
5The denominator shall not include new property or the recovered
6tax increment value. If a new rate, a rate decrease, or a
7limiting rate increase has been approved at an election held
8after March 21, 2006, then (i) the otherwise applicable
9limiting rate shall be increased by the amount of the new rate
10or shall be reduced by the amount of the rate decrease, as the
11case may be, or (ii) in the case of a limiting rate increase,
12the limiting rate shall be equal to the rate set forth in the
13proposition approved by the voters for each of the years
14specified in the proposition, after which the limiting rate of
15the taxing district shall be calculated as otherwise provided.
16In the case of a taxing district that obtained referendum
17approval for an increased limiting rate on March 20, 2012, the
18limiting rate for tax year 2012 shall be the rate that
19generates the approximate total amount of taxes extendable for
20that tax year, as set forth in the proposition approved by the
21voters; this rate shall be the final rate applied by the county
22clerk for the aggregate of all capped funds of the district for
23tax year 2012.
24(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,
25eff. 7-27-15.)

HB2397- 19 -LRB100 07314 HLH 17376 b
1 (Text of Section after amendment by P.A. 99-521)
2 Sec. 18-185. Short title; definitions. This Division 5 may
3be cited as the Property Tax Extension Limitation Law. As used
4in this Division 5:
5 "Consumer Price Index" means the Consumer Price Index for
6All Urban Consumers for all items published by the United
7States Department of Labor.
8 "Extension limitation" means, except as otherwise provided
9in this Section, (a) the lesser of 5% or the percentage
10increase in the Consumer Price Index during the 12-month
11calendar year preceding the levy year or (b) the rate of
12increase approved by voters under Section 18-205.
13 If, at the end of any levy year, any taxing district, as
14defined in Section 1-150, has reserves of 50% or more of its
15operating budget for that levy year, then, for the next levy
16year, "extension limitation" means 0% or the rate of increase
17approved by the voters under Section 18-205.
18 "Affected county" means a county of 3,000,000 or more
19inhabitants or a county contiguous to a county of 3,000,000 or
20more inhabitants.
21 "Taxing district" has the same meaning provided in Section
221-150, except as otherwise provided in this Section. For the
231991 through 1994 levy years only, "taxing district" includes
24only each non-home rule taxing district having the majority of
25its 1990 equalized assessed value within any county or counties
26contiguous to a county with 3,000,000 or more inhabitants.

HB2397- 20 -LRB100 07314 HLH 17376 b
1Beginning with the 1995 levy year, "taxing district" includes
2only each non-home rule taxing district subject to this Law
3before the 1995 levy year and each non-home rule taxing
4district not subject to this Law before the 1995 levy year
5having the majority of its 1994 equalized assessed value in an
6affected county or counties. Beginning with the levy year in
7which this Law becomes applicable to a taxing district as
8provided in Section 18-213, "taxing district" also includes
9those taxing districts made subject to this Law as provided in
10Section 18-213. Beginning in levy year 2017, "taxing district"
11also means any taxing district, as defined in Section 1-150,
12that had reserves of 50% or more of its operating budget at the
13end of the immediately preceding levy year.
14 "Aggregate extension" for taxing districts to which this
15Law applied before the 1995 levy year means the annual
16corporate extension for the taxing district and those special
17purpose extensions that are made annually for the taxing
18district, excluding special purpose extensions: (a) made for
19the taxing district to pay interest or principal on general
20obligation bonds that were approved by referendum; (b) made for
21any taxing district to pay interest or principal on general
22obligation bonds issued before October 1, 1991; (c) made for
23any taxing district to pay interest or principal on bonds
24issued to refund or continue to refund those bonds issued
25before October 1, 1991; (d) made for any taxing district to pay
26interest or principal on bonds issued to refund or continue to

HB2397- 21 -LRB100 07314 HLH 17376 b
1refund bonds issued after October 1, 1991 that were approved by
2referendum; (e) made for any taxing district to pay interest or
3principal on revenue bonds issued before October 1, 1991 for
4payment of which a property tax levy or the full faith and
5credit of the unit of local government is pledged; however, a
6tax for the payment of interest or principal on those bonds
7shall be made only after the governing body of the unit of
8local government finds that all other sources for payment are
9insufficient to make those payments; (f) made for payments
10under a building commission lease when the lease payments are
11for the retirement of bonds issued by the commission before
12October 1, 1991, to pay for the building project; (g) made for
13payments due under installment contracts entered into before
14October 1, 1991; (h) made for payments of principal and
15interest on bonds issued under the Metropolitan Water
16Reclamation District Act to finance construction projects
17initiated before October 1, 1991; (i) made for payments of
18principal and interest on limited bonds, as defined in Section
193 of the Local Government Debt Reform Act, in an amount not to
20exceed the debt service extension base less the amount in items
21(b), (c), (e), and (h) of this definition for non-referendum
22obligations, except obligations initially issued pursuant to
23referendum; (j) made for payments of principal and interest on
24bonds issued under Section 15 of the Local Government Debt
25Reform Act; (k) made by a school district that participates in
26the Special Education District of Lake County, created by

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1special education joint agreement under Section 10-22.31 of the
2School Code, for payment of the school district's share of the
3amounts required to be contributed by the Special Education
4District of Lake County to the Illinois Municipal Retirement
5Fund under Article 7 of the Illinois Pension Code; the amount
6of any extension under this item (k) shall be certified by the
7school district to the county clerk; (l) made to fund expenses
8of providing joint recreational programs for persons with
9disabilities under Section 5-8 of the Park District Code or
10Section 11-95-14 of the Illinois Municipal Code; (m) made for
11temporary relocation loan repayment purposes pursuant to
12Sections 2-3.77 and 17-2.2d of the School Code; (n) made for
13payment of principal and interest on any bonds issued under the
14authority of Section 17-2.2d of the School Code; (o) made for
15contributions to a firefighter's pension fund created under
16Article 4 of the Illinois Pension Code, to the extent of the
17amount certified under item (5) of Section 4-134 of the
18Illinois Pension Code; and (p) made for road purposes in the
19first year after a township assumes the rights, powers, duties,
20assets, property, liabilities, obligations, and
21responsibilities of a road district abolished under the
22provisions of Section 6-133 of the 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 18-213
26or this amendatory Act of the 100th General Assembly) means the

HB2397- 23 -LRB100 07314 HLH 17376 b
1annual corporate extension for the taxing district and those
2special purpose extensions that are made annually for the
3taxing district, excluding special purpose extensions: (a)
4made for the taxing district to pay interest or principal on
5general obligation bonds that were approved by referendum; (b)
6made for any taxing district to pay interest or principal on
7general obligation bonds issued before March 1, 1995; (c) made
8for any taxing district to pay interest or principal on bonds
9issued to refund or continue to refund those bonds issued
10before March 1, 1995; (d) made for any taxing district to pay
11interest or principal on bonds issued to refund or continue to
12refund bonds issued after March 1, 1995 that were approved by
13referendum; (e) made for any taxing district to pay interest or
14principal on revenue bonds issued before March 1, 1995 for
15payment of which a property tax levy or the full faith and
16credit of the unit of local government is pledged; however, a
17tax for the payment of interest or principal on those bonds
18shall be made only after the governing body of the unit of
19local government finds that all other sources for payment are
20insufficient to make those payments; (f) made for payments
21under a building commission lease when the lease payments are
22for the retirement of bonds issued by the commission before
23March 1, 1995 to pay for the building project; (g) made for
24payments due under installment contracts entered into before
25March 1, 1995; (h) made for payments of principal and interest
26on bonds issued under the Metropolitan Water Reclamation

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1District Act to finance construction projects initiated before
2October 1, 1991; (h-4) made for stormwater management purposes
3by the Metropolitan Water Reclamation District of Greater
4Chicago under Section 12 of the Metropolitan Water Reclamation
5District Act; (i) made for payments of principal and interest
6on limited bonds, as defined in Section 3 of the Local
7Government Debt Reform Act, in an amount not to exceed the debt
8service extension base less the amount in items (b), (c), and
9(e) of this definition for non-referendum obligations, except
10obligations initially issued pursuant to referendum and bonds
11described in subsection (h) of this definition; (j) made for
12payments of principal and interest on bonds issued under
13Section 15 of the Local Government Debt Reform Act; (k) made
14for payments of principal and interest on bonds authorized by
15Public Act 88-503 and issued under Section 20a of the Chicago
16Park District Act for aquarium or museum projects; (l) made for
17payments of principal and interest on bonds authorized by
18Public Act 87-1191 or 93-601 and (i) issued pursuant to Section
1921.2 of the Cook County Forest Preserve District Act, (ii)
20issued under Section 42 of the Cook County Forest Preserve
21District Act for zoological park projects, or (iii) issued
22under Section 44.1 of the Cook County Forest Preserve District
23Act for botanical gardens projects; (m) made pursuant to
24Section 34-53.5 of the School Code, whether levied annually or
25not; (n) made to fund expenses of providing joint recreational
26programs for persons with disabilities under Section 5-8 of the

HB2397- 25 -LRB100 07314 HLH 17376 b
1Park District Code or Section 11-95-14 of the Illinois
2Municipal Code; (o) made by the Chicago Park District for
3recreational programs for persons with disabilities under
4subsection (c) of Section 7.06 of the Chicago Park District
5Act; (p) made for contributions to a firefighter's pension fund
6created under Article 4 of the Illinois Pension Code, to the
7extent of the amount certified under item (5) of Section 4-134
8of the Illinois Pension Code; (q) made by Ford Heights School
9District 169 under Section 17-9.02 of the School Code; and (r)
10made for the purpose of making employer contributions to the
11Public School Teachers' Pension and Retirement Fund of Chicago
12under Section 34-53 of the School Code.
13 "Aggregate extension" for all taxing districts to which
14this Law applies in accordance with Section 18-213, except for
15those taxing districts subject to paragraph (2) of subsection
16(e) of Section 18-213, means the annual corporate extension for
17the taxing district and those special purpose extensions that
18are made annually for the taxing district, excluding special
19purpose extensions: (a) made for the taxing district to pay
20interest or principal on general obligation bonds that were
21approved by referendum; (b) made for any taxing district to pay
22interest or principal on general obligation bonds issued before
23the date on which the referendum making this Law applicable to
24the taxing district is held; (c) made for any taxing district
25to pay interest or principal on bonds issued to refund or
26continue to refund those bonds issued before the date on which

HB2397- 26 -LRB100 07314 HLH 17376 b
1the referendum making this Law applicable to the taxing
2district is held; (d) made for any taxing district to pay
3interest or principal on bonds issued to refund or continue to
4refund bonds issued after the date on which the referendum
5making this Law applicable to the taxing district is held if
6the bonds were approved by referendum after the date on which
7the referendum making this Law applicable to the taxing
8district is held; (e) made for any taxing district to pay
9interest or principal on revenue bonds issued before the date
10on which the referendum making this Law applicable to the
11taxing district is held for payment of which a property tax
12levy or the full faith and credit of the unit of local
13government is pledged; however, a tax for the payment of
14interest or principal on those bonds shall be made only after
15the governing body of the unit of local government finds that
16all other 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 the date on which the
20referendum making this Law applicable to the taxing district is
21held to pay for the building project; (g) made for payments due
22under installment contracts entered into before the date on
23which the referendum making this Law applicable to the taxing
24district is held; (h) made for payments of principal and
25interest on limited bonds, as defined in Section 3 of the Local
26Government Debt Reform Act, in an amount not to exceed the debt

HB2397- 27 -LRB100 07314 HLH 17376 b
1service extension base less the amount in items (b), (c), and
2(e) of this definition for non-referendum obligations, except
3obligations initially issued pursuant to referendum; (i) made
4for payments of principal and interest on bonds issued under
5Section 15 of the Local Government Debt Reform Act; (j) made
6for a qualified airport authority to pay interest or principal
7on general obligation bonds issued for the purpose of paying
8obligations due under, or financing airport facilities
9required to be acquired, constructed, installed or equipped
10pursuant to, contracts entered into before March 1, 1996 (but
11not including any amendments to such a contract taking effect
12on or after that date); (k) made to fund expenses of providing
13joint recreational programs for persons with disabilities
14under Section 5-8 of the Park District Code or Section 11-95-14
15of the Illinois Municipal Code; (l) made for contributions to a
16firefighter's pension fund created under Article 4 of the
17Illinois Pension Code, to the extent of the amount certified
18under item (5) of Section 4-134 of the Illinois Pension Code;
19and (m) made for the taxing district to pay interest or
20principal on general obligation bonds issued pursuant to
21Section 19-3.10 of the School Code.
22 "Aggregate extension" for all taxing districts to which
23this Law applies in accordance with paragraph (2) of subsection
24(e) of Section 18-213 or this amendatory Act of the 100th
25General Assembly means the annual corporate extension for the
26taxing district and those special purpose extensions that are

HB2397- 28 -LRB100 07314 HLH 17376 b
1made annually for the taxing district, excluding special
2purpose extensions: (a) made for the taxing district to pay
3interest or principal on general obligation bonds that were
4approved by referendum; (b) made for any taxing district to pay
5interest or principal on general obligation bonds issued before
6the effective date of this amendatory Act of 1997; (c) made for
7any taxing district to pay interest or principal on bonds
8issued to refund or continue to refund those bonds issued
9before the effective date of this amendatory Act of 1997; (d)
10made for any taxing district to pay interest or principal on
11bonds issued to refund or continue to refund bonds issued after
12the effective date of this amendatory Act of 1997 if the bonds
13were approved by referendum after the effective date of this
14amendatory Act of 1997; (e) made for any taxing district to pay
15interest or principal on revenue bonds issued before the
16effective date of this amendatory Act of 1997 for payment of
17which a property tax levy or the full faith and credit of the
18unit of local government is pledged; however, a tax for the
19payment of interest or principal on those bonds shall be made
20only after the governing body of the unit of local government
21finds that all other sources for payment are insufficient to
22make those payments; (f) made for payments under a building
23commission lease when the lease payments are for the retirement
24of bonds issued by the commission before the effective date of
25this amendatory Act of 1997 to pay for the building project;
26(g) made for payments due under installment contracts entered

HB2397- 29 -LRB100 07314 HLH 17376 b
1into before the effective date of this amendatory Act of 1997;
2(h) made for payments of principal and interest on limited
3bonds, as defined in Section 3 of the Local Government Debt
4Reform Act, in an amount not to exceed the debt service
5extension base less the amount in items (b), (c), and (e) of
6this definition for non-referendum obligations, except
7obligations initially issued pursuant to referendum; (i) made
8for payments of principal and interest on bonds issued under
9Section 15 of the Local Government Debt Reform Act; (j) made
10for a qualified airport authority to pay interest or principal
11on general obligation bonds issued for the purpose of paying
12obligations due under, or financing airport facilities
13required to be acquired, constructed, installed or equipped
14pursuant to, contracts entered into before March 1, 1996 (but
15not including any amendments to such a contract taking effect
16on or after that date); (k) made to fund expenses of providing
17joint recreational programs for persons with disabilities
18under Section 5-8 of the Park District Code or Section 11-95-14
19of the Illinois Municipal Code; and (l) made for contributions
20to a firefighter's pension fund created under Article 4 of the
21Illinois Pension Code, to the extent of the amount certified
22under item (5) of Section 4-134 of the Illinois Pension Code.
23 "Debt service extension base" means an amount equal to that
24portion of the extension for a taxing district for the 1994
25levy year, or for those taxing districts subject to this Law in
26accordance with Section 18-213, except for those subject to

HB2397- 30 -LRB100 07314 HLH 17376 b
1paragraph (2) of subsection (e) of Section 18-213, for the levy
2year in which the referendum making this Law applicable to the
3taxing district is held, or for those taxing districts subject
4to this Law in accordance with paragraph (2) of subsection (e)
5of Section 18-213 for the 1996 levy year, constituting an
6extension for payment of principal and interest on bonds issued
7by the taxing district without referendum, but not including
8excluded non-referendum bonds. For park districts (i) that were
9first subject to this Law in 1991 or 1995 and (ii) whose
10extension for the 1994 levy year for the payment of principal
11and interest on bonds issued by the park district without
12referendum (but not including excluded non-referendum bonds)
13was less than 51% of the amount for the 1991 levy year
14constituting an extension for payment of principal and interest
15on bonds issued by the park district without referendum (but
16not including excluded non-referendum bonds), "debt service
17extension base" means an amount equal to that portion of the
18extension for the 1991 levy year constituting an extension for
19payment of principal and interest on bonds issued by the park
20district without referendum (but not including excluded
21non-referendum bonds). A debt service extension base
22established or increased at any time pursuant to any provision
23of this Law, except Section 18-212, shall be increased each
24year commencing with the later of (i) the 2009 levy year or
25(ii) the first levy year in which this Law becomes applicable
26to the taxing district, by the lesser of 5% or the percentage

HB2397- 31 -LRB100 07314 HLH 17376 b
1increase in the Consumer Price Index during the 12-month
2calendar year preceding the levy year. The debt service
3extension base may be established or increased as provided
4under Section 18-212. "Excluded non-referendum bonds" means
5(i) bonds authorized by Public Act 88-503 and issued under
6Section 20a of the Chicago Park District Act for aquarium and
7museum projects; (ii) bonds issued under Section 15 of the
8Local Government Debt Reform Act; or (iii) refunding
9obligations issued to refund or to continue to refund
10obligations initially issued pursuant to referendum.
11 "Special purpose extensions" include, but are not limited
12to, extensions for levies made on an annual basis for
13unemployment and workers' compensation, self-insurance,
14contributions to pension plans, and extensions made pursuant to
15Section 6-601 of the Illinois Highway Code for a road
16district's permanent road fund whether levied annually or not.
17The extension for a special service area is not included in the
18aggregate extension.
19 "Aggregate extension base" means the taxing district's
20last preceding aggregate extension as adjusted under Sections
2118-135, 18-215, and 18-230. An adjustment under Section 18-135
22shall be made for the 2007 levy year and all subsequent levy
23years whenever one or more counties within which a taxing
24district is located (i) used estimated valuations or rates when
25extending taxes in the taxing district for the last preceding
26levy year that resulted in the over or under extension of

HB2397- 32 -LRB100 07314 HLH 17376 b
1taxes, or (ii) increased or decreased the tax extension for the
2last preceding levy year as required by Section 18-135(c).
3Whenever an adjustment is required under Section 18-135, the
4aggregate extension base of the taxing district shall be equal
5to the amount that the aggregate extension of the taxing
6district would have been for the last preceding levy year if
7either or both (i) actual, rather than estimated, valuations or
8rates had been used to calculate the extension of taxes for the
9last levy year, or (ii) the tax extension for the last
10preceding levy year had not been adjusted as required by
11subsection (c) of Section 18-135.
12 Notwithstanding any other provision of law, for levy year
132012, the aggregate extension base for West Northfield School
14District No. 31 in Cook County shall be $12,654,592.
15 "Levy year" has the same meaning as "year" under Section
161-155.
17 "New property" means (i) the assessed value, after final
18board of review or board of appeals action, of new improvements
19or additions to existing improvements on any parcel of real
20property that increase the assessed value of that real property
21during the levy year multiplied by the equalization factor
22issued by the Department under Section 17-30, (ii) the assessed
23value, after final board of review or board of appeals action,
24of real property not exempt from real estate taxation, which
25real property was exempt from real estate taxation for any
26portion of the immediately preceding levy year, multiplied by

HB2397- 33 -LRB100 07314 HLH 17376 b
1the equalization factor issued by the Department under Section
217-30, including the assessed value, upon final stabilization
3of occupancy after new construction is complete, of any real
4property located within the boundaries of an otherwise or
5previously exempt military reservation that is intended for
6residential use and owned by or leased to a private corporation
7or other entity, (iii) in counties that classify in accordance
8with Section 4 of Article IX of the Illinois Constitution, an
9incentive property's additional assessed value resulting from
10a scheduled increase in the level of assessment as applied to
11the first year final board of review market value, and (iv) any
12increase in assessed value due to oil or gas production from an
13oil or gas well required to be permitted under the Hydraulic
14Fracturing Regulatory Act that was not produced in or accounted
15for during the previous levy year. In addition, the county
16clerk in a county containing a population of 3,000,000 or more
17shall include in the 1997 recovered tax increment value for any
18school district, any recovered tax increment value that was
19applicable to the 1995 tax year calculations.
20 "Qualified airport authority" means an airport authority
21organized under the Airport Authorities Act and located in a
22county bordering on the State of Wisconsin and having a
23population in excess of 200,000 and not greater than 500,000.
24 "Recovered tax increment value" means, except as otherwise
25provided in this paragraph, the amount of the current year's
26equalized assessed value, in the first year after a

HB2397- 34 -LRB100 07314 HLH 17376 b
1municipality terminates the designation of an area as a
2redevelopment project area previously established under the
3Tax Increment Allocation Development Act in the Illinois
4Municipal Code, previously established under the Industrial
5Jobs Recovery Law in the Illinois Municipal Code, previously
6established under the Economic Development Project Area Tax
7Increment Act of 1995, or previously established under the
8Economic Development Area Tax Increment Allocation Act, of each
9taxable lot, block, tract, or parcel of real property in the
10redevelopment project area over and above the initial equalized
11assessed value of each property in the redevelopment project
12area. For the taxes which are extended for the 1997 levy year,
13the recovered tax increment value for a non-home rule taxing
14district that first became subject to this Law for the 1995
15levy year because a majority of its 1994 equalized assessed
16value was in an affected county or counties shall be increased
17if a municipality terminated the designation of an area in 1993
18as a redevelopment project area previously established under
19the Tax Increment Allocation Development Act in the Illinois
20Municipal Code, previously established under the Industrial
21Jobs Recovery Law in the Illinois Municipal Code, or previously
22established under the Economic Development Area Tax Increment
23Allocation Act, by an amount equal to the 1994 equalized
24assessed value of each taxable lot, block, tract, or parcel of
25real property in the redevelopment project area over and above
26the initial equalized assessed value of each property in the

HB2397- 35 -LRB100 07314 HLH 17376 b
1redevelopment project area. In the first year after a
2municipality removes a taxable lot, block, tract, or parcel of
3real property from a redevelopment project area established
4under the Tax Increment Allocation Development Act in the
5Illinois Municipal Code, the Industrial Jobs Recovery Law in
6the Illinois Municipal Code, or the Economic Development Area
7Tax Increment Allocation Act, "recovered tax increment value"
8means the amount of the current year's equalized assessed value
9of each taxable lot, block, tract, or parcel of real property
10removed from the redevelopment project area over and above the
11initial equalized assessed value of that real property before
12removal from the redevelopment project area.
13 Except as otherwise provided in this Section, "limiting
14rate" means a fraction the numerator of which is the last
15preceding aggregate extension base times an amount equal to one
16plus the extension limitation defined in this Section and the
17denominator of which is the current year's equalized assessed
18value of all real property in the territory under the
19jurisdiction of the taxing district during the prior levy year.
20For those taxing districts that reduced their aggregate
21extension for the last preceding levy year, the highest
22aggregate extension in any of the last 3 preceding levy years
23shall be used for the purpose of computing the limiting rate.
24The denominator shall not include new property or the recovered
25tax increment value. If a new rate, a rate decrease, or a
26limiting rate increase has been approved at an election held

HB2397- 36 -LRB100 07314 HLH 17376 b
1after March 21, 2006, then (i) the otherwise applicable
2limiting rate shall be increased by the amount of the new rate
3or shall be reduced by the amount of the rate decrease, as the
4case may be, or (ii) in the case of a limiting rate increase,
5the limiting rate shall be equal to the rate set forth in the
6proposition approved by the voters for each of the years
7specified in the proposition, after which the limiting rate of
8the taxing district shall be calculated as otherwise provided.
9In the case of a taxing district that obtained referendum
10approval for an increased limiting rate on March 20, 2012, the
11limiting rate for tax year 2012 shall be the rate that
12generates the approximate total amount of taxes extendable for
13that tax year, as set forth in the proposition approved by the
14voters; this rate shall be the final rate applied by the county
15clerk for the aggregate of all capped funds of the district for
16tax year 2012.
17(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,
18eff. 7-27-15; 99-521, eff. 6-1-17.)
19 (35 ILCS 200/18-205)
20 Sec. 18-205. Referendum to increase the extension
21limitation. A taxing district is limited to an extension
22limitation as defined in Section 18-185 of 5% or the percentage
23increase in the Consumer Price Index during the 12-month
24calendar year preceding the levy year, whichever is less. A
25taxing district may increase its extension limitation for one

HB2397- 37 -LRB100 07314 HLH 17376 b
1or more levy years if that taxing district holds a referendum
2before the levy date for the first levy year at which a
3majority of voters voting on the issue approves adoption of a
4higher extension limitation. Referenda shall be conducted at a
5regularly scheduled election in accordance with the Election
6Code. The question shall be presented in substantially the
7following manner for all elections held after March 21, 2006:
8 Shall the extension limitation under the Property Tax
9 Extension Limitation Law for (insert the legal name,
10 number, if any, and county or counties of the taxing
11 district and geographic or other common name by which a
12 school or community college district is known and referred
13 to), Illinois, be increased from the lesser of 5% or the
14 percentage increase in the Consumer Price Index over the
15 prior levy year to (insert the percentage of the proposed
16 increase)% per year for (insert each levy year for which
17 the increased extension limitation will apply)?
18 In the case of a taxing district that had reserves of 50%
19or more of its operating budget at the end of the immediately
20preceding levy year, the question shall be presented in
21substantially the following manner:
22 Shall the extension limitation under the Property Tax
23 Extension Limitation Law for (insert the legal name,
24 number, if any, and county or counties of the taxing
25 district and geographic or other common name by which a
26 school or community college district is known and referred

HB2397- 38 -LRB100 07314 HLH 17376 b
1 to), Illinois, be increased from 0% to (insert the
2 percentage of the proposed increase)% per year for (insert
3 each levy year for which the increased extension limitation
4 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

HB2397- 39 -LRB100 07314 HLH 17376 b
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 year
5 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 extension
9limitation will be applicable. The additional tax shown for
10each levy year shall be the approximate dollar amount of the
11increase over the amount of the most recently completed
12extension at the time the submission of the question is
13initiated by the taxing district. The approximate amount of the
14additional tax extendable shown in paragraphs (1) and (2) shall
15be calculated by multiplying $100,000 (the fair market value of
16the property without regard to any property tax exemptions) by
17(i) the percentage level of assessment prescribed for that
18property by statute, or by ordinance of the county board in
19counties that classify property for purposes of taxation in
20accordance with Section 4 of Article IX of the Illinois
21Constitution; (ii) the most recent final equalization factor
22certified to the county clerk by the Department of Revenue at
23the time the taxing district initiates the submission of the
24proposition to the electors; (iii) the last known aggregate
25extension base of the taxing district at the time the
26submission of the question is initiated by the taxing district;

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1and (iv) the difference between the percentage increase
2proposed in the question and (A) the lesser of 5% or the
3percentage increase in the Consumer Price Index for the prior
4levy year (or an estimate of the percentage increase for the
5prior levy year if the increase is unavailable at the time the
6submission of the question is initiated by the taxing district)
7or (B) 0%, as applicable; and dividing the result by the last
8known equalized assessed value of the taxing district at the
9time the submission of the question is initiated by the taxing
10district. This amendatory Act of the 97th General Assembly is
11intended to clarify the existing requirements of this Section,
12and shall not be construed to validate any prior non-compliant
13referendum language. Any notice required to be published in
14connection with the submission of the question shall also
15contain this supplemental information and shall not contain any
16other supplemental information. Any error, miscalculation, or
17inaccuracy in computing any amount set forth on the ballot or
18in the notice that is not deliberate shall not invalidate or
19affect the validity of any proposition approved. Notice of the
20referendum shall be published and posted as otherwise required
21by law, and the submission of the question shall be initiated
22as provided by law.
23(Source: P.A. 97-1087, eff. 8-24-12.)
24 (35 ILCS 200/18-242 new)
25 Sec. 18-242. Home rule. This Division 5 is a limitation,

HB2397- 41 -LRB100 07314 HLH 17376 b
1under subsection (g) of Section 6 of Article VII of the
2Illinois Constitution, on the power of home rule units to tax.
3 Section 90. The State Mandates Act is amended by adding
4Section 8.41 as follows:
5 (30 ILCS 805/8.41 new)
6 Sec. 8.41. Exempt mandate. Notwithstanding Sections 6 and 8
7of this Act, no reimbursement by the State is required for the
8implementation of any mandate created by this amendatory Act of
9the 100th General Assembly.
10 Section 95. No acceleration or delay. Where this Act makes
11changes in a statute that is represented in this Act by text
12that is not yet or no longer in effect (for example, a Section
13represented by multiple versions), the use of that text does
14not accelerate or delay the taking effect of (i) the changes
15made by this Act or (ii) provisions derived from any other
16Public Act.
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