Bill Text: IL SB0013 | 2017-2018 | 100th General Assembly | Introduced


Bill Title: Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, for the 2017 and 2018 levy years, the term "taxing district" means all taxing districts in the State, including home rule units. Provides that, for the 2017 and 2018 levy years, the extension limitation for those taxing districts is 0% or the rate of increase approved by the voters. Amends the School Code. Makes changes concerning contracts between a school board and a third party. Provides that local boards of education shall forward certain cost projections to the State Board of Education. Provides that, beginning July 1, 2022, the State Board shall review and analyze the cost projections and review for any cost savings and economic benefits. Requires the State Board to file a report by December 31, 2022. Imposes a moratorium on third-party contracts for non-instructional services while the State Board is preparing the report. Provides that a school district may offer a driver education course in a school by contracting with a commercial driver training school; sets forth requirements concerning the contract. Provides that school districts need not comply with and may discharge any mandate or requirement placed on school districts by the Code or by administrative rules adopted by the State Board of Education that is unfunded; with exceptions. Sets forth requirements concerning discharging mandates. Makes changes concerning physical education. Effective immediately, but this Act does not take effect at all unless Senate Bills 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of the 100th General Assembly become law.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-10-10 - Chief Sponsor Changed to Sen. William E. Brady [SB0013 Detail]

Download: Illinois-2017-SB0013-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB0013

Introduced 1/11/2017, by Sen. Christine Radogno

SYNOPSIS AS INTRODUCED:
See Index

Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, for the 2017 and 2018 levy years, the term "taxing district" means all taxing districts in the State, including home rule units. Provides that, for the 2017 and 2018 levy years, the extension limitation for those taxing districts is 0% or the rate of increase approved by the voters. Amends the School Code. Makes changes concerning contracts between a school board and a third party. Provides that local boards of education shall forward certain cost projections to the State Board of Education. Provides that, beginning July 1, 2022, the State Board shall review and analyze the cost projections and review for any cost savings and economic benefits. Requires the State Board to file a report by December 31, 2022. Imposes a moratorium on third-party contracts for non-instructional services while the State Board is preparing the report. Provides that a school district may offer a driver education course in a school by contracting with a commercial driver training school; sets forth requirements concerning the contract. Provides that school districts need not comply with and may discharge any mandate or requirement placed on school districts by the Code or by administrative rules adopted by the State Board of Education that is unfunded; with exceptions. Sets forth requirements concerning discharging mandates. Makes changes concerning physical education. Effective immediately, but this Act does not take effect at all unless Senate Bills 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of the 100th General Assembly become law.
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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, 18-205, 18-213, and 18-214 and by adding
6Section 18-242 as follows:
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", except as otherwise provided in
16this paragraph, means (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. For the 2017
20and 2018 levy years only, "extension limitation" means 0% or
21the rate of increase approved by the voters under Section
2218-205. For the 2017 and 2018 levy years, if a special purpose
23extension (i) made for the payment of principal and interest on

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1bonds or other evidences of indebtedness issued by the taxing
2district, (ii) made for contributions to a pension fund created
3under the Illinois Pension Code, or (iii) made for public
4safety purposes was required to be included in a taxing
5district's aggregate extension for the 2016 levy year, then the
6extension limitation for those extensions for the 2017 and 2018
7levy years shall be (1) the lesser of 5% or the percentage
8increase in the Consumer Price Index during the 12-month
9calendar year preceding the levy year or (2) the rate of
10increase approved by voters under Section 18-205.
11 "Affected county" means a county of 3,000,000 or more
12inhabitants or a county contiguous to a county of 3,000,000 or
13more inhabitants.
14 "Taxing district" has the same meaning provided in Section
151-150, except as otherwise provided in this Section. For the
161991 through 1994 levy years only, "taxing district" includes
17only each non-home rule taxing district having the majority of
18its 1990 equalized assessed value within any county or counties
19contiguous to a county with 3,000,000 or more inhabitants.
20Beginning with the 1995 levy year, "taxing district" includes
21only each non-home rule taxing district subject to this Law
22before the 1995 levy year and each non-home rule taxing
23district not subject to this Law before the 1995 levy year
24having the majority of its 1994 equalized assessed value in an
25affected county or counties. Beginning with the levy year in
26which this Law becomes applicable to a taxing district as

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1provided in Section 18-213, "taxing district" also includes
2those taxing districts made subject to this Law as provided in
3Section 18-213. For the 2017 and 2018 levy years, "taxing
4district" has the same meaning provided in Section 1-150 and
5includes home rule units.
6 "Aggregate extension" for taxing districts to which this
7Law applied before the 1995 levy year means, except with
8respect to the 2017 and 2018 levy years, the annual corporate
9extension for the taxing district and those special purpose
10extensions that are made annually for the taxing district,
11excluding special purpose extensions: (a) made for the taxing
12district to pay interest or principal on general obligation
13bonds that were approved by referendum; (b) made for any taxing
14district to pay interest or principal on general obligation
15bonds issued before October 1, 1991; (c) made for any taxing
16district to pay interest or principal on bonds issued to refund
17or continue to refund those bonds issued before October 1,
181991; (d) made for any taxing district to pay interest or
19principal on bonds issued to refund or continue to refund bonds
20issued after October 1, 1991 that were approved by referendum;
21(e) made for any taxing district to pay interest or principal
22on revenue bonds issued before October 1, 1991 for payment of
23which a property tax levy or the full faith and credit of the
24unit of local government is pledged; however, a tax for the
25payment of interest or principal on those bonds shall be made
26only after the governing body of the unit of local government

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1finds that all other sources for payment are insufficient to
2make those payments; (f) made for payments under a building
3commission lease when the lease payments are for the retirement
4of bonds issued by the commission before October 1, 1991, to
5pay for the building project; (g) made for payments due under
6installment contracts entered into before October 1, 1991; (h)
7made for payments of principal and interest on bonds issued
8under the Metropolitan Water Reclamation District Act to
9finance construction projects initiated before October 1,
101991; (i) made for payments of principal and interest on
11limited bonds, as defined in Section 3 of the Local Government
12Debt Reform Act, in an amount not to exceed the debt service
13extension base less the amount in items (b), (c), (e), and (h)
14of this definition for non-referendum obligations, except
15obligations initially issued pursuant to referendum; (j) made
16for payments of principal and interest on bonds issued under
17Section 15 of the Local Government Debt Reform Act; (k) made by
18a school district that participates in the Special Education
19District of Lake County, created by special education joint
20agreement under Section 10-22.31 of the School Code, for
21payment of the school district's share of the amounts required
22to be contributed by the Special Education District of Lake
23County to the Illinois Municipal Retirement Fund under Article
247 of the Illinois Pension Code; the amount of any extension
25under this item (k) shall be certified by the school district
26to the county clerk; (l) made to fund expenses of providing

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1joint recreational programs for persons with disabilities
2under Section 5-8 of the Park District Code or Section 11-95-14
3of the Illinois Municipal Code; (m) made for temporary
4relocation loan repayment purposes pursuant to Sections 2-3.77
5and 17-2.2d of the School Code; (n) made for payment of
6principal and interest on any bonds issued under the authority
7of Section 17-2.2d of the School Code; (o) made for
8contributions to a firefighter's pension fund created under
9Article 4 of the Illinois Pension Code, to the extent of the
10amount certified under item (5) of Section 4-134 of the
11Illinois Pension Code; and (p) made for road purposes in the
12first year after a township assumes the rights, powers, duties,
13assets, property, liabilities, obligations, and
14responsibilities of a road district abolished under the
15provisions of Section 6-133 of the Illinois Highway Code.
16 "Aggregate extension" for the taxing districts to which
17this Law did not apply before the 1995 levy year (except taxing
18districts subject to this Law in accordance with Section
1918-213) means, except with respect to the 2017 and 2018 levy
20years, the annual corporate extension for the taxing district
21and those special purpose extensions that are made annually for
22the taxing district, excluding special purpose extensions: (a)
23made for the taxing district to pay interest or principal on
24general obligation bonds that were approved by referendum; (b)
25made for any taxing district to pay interest or principal on
26general obligation bonds issued before March 1, 1995; (c) made

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

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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 and bonds
4described in subsection (h) of this definition; (j) made for
5payments of principal and interest on bonds issued under
6Section 15 of the Local Government Debt Reform Act; (k) made
7for payments of principal and interest on bonds authorized by
8Public Act 88-503 and issued under Section 20a of the Chicago
9Park District Act for aquarium or museum projects; (l) made for
10payments of principal and interest on bonds authorized by
11Public Act 87-1191 or 93-601 and (i) issued pursuant to Section
1221.2 of the Cook County Forest Preserve District Act, (ii)
13issued under Section 42 of the Cook County Forest Preserve
14District Act for zoological park projects, or (iii) issued
15under Section 44.1 of the Cook County Forest Preserve District
16Act for botanical gardens projects; (m) made pursuant to
17Section 34-53.5 of the School Code, whether levied annually or
18not; (n) made to fund expenses of providing joint recreational
19programs for persons with disabilities under Section 5-8 of the
20Park District Code or Section 11-95-14 of the Illinois
21Municipal Code; (o) made by the Chicago Park District for
22recreational programs for persons with disabilities under
23subsection (c) of Section 7.06 of the Chicago Park District
24Act; (p) made for contributions to a firefighter's pension fund
25created under Article 4 of the Illinois Pension Code, to the
26extent of the amount certified under item (5) of Section 4-134

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1of the Illinois Pension Code; and (q) made by Ford Heights
2School District 169 under Section 17-9.02 of the 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, except with respect to the 2017
7and 2018 levy years, the annual corporate extension for the
8taxing district and those special purpose extensions that are
9made annually for the taxing district, excluding special
10purpose extensions: (a) made for the taxing district to pay
11interest or principal on general obligation bonds that were
12approved by referendum; (b) made for any taxing district to pay
13interest or principal on general obligation bonds issued before
14the date on which the referendum making this Law applicable to
15the taxing district is held; (c) made for any taxing district
16to pay interest or principal on bonds issued to refund or
17continue to refund those bonds issued before the date on which
18the referendum making this Law applicable to the taxing
19district is held; (d) made for any taxing district to pay
20interest or principal on bonds issued to refund or continue to
21refund bonds issued after the date on which the referendum
22making this Law applicable to the taxing district is held if
23the bonds were approved by referendum after the date on which
24the referendum making this Law applicable to the taxing
25district is held; (e) made for any taxing district to pay
26interest or principal on revenue bonds issued before the date

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1on which the referendum making this Law applicable to the
2taxing district is held for payment of which a property tax
3levy or the full faith and credit of the unit of local
4government is pledged; however, a tax for the payment of
5interest or principal on those bonds shall be made only after
6the governing body of the unit of local government finds that
7all other sources for payment are insufficient to make those
8payments; (f) made for payments under a building commission
9lease when the lease payments are for the retirement of bonds
10issued by the commission before the date on which the
11referendum making this Law applicable to the taxing district is
12held to pay for the building project; (g) made for payments due
13under installment contracts entered into before the date on
14which the referendum making this Law applicable to the taxing
15district is held; (h) made for payments of principal and
16interest on 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; (i) made
21for payments of principal and interest on bonds issued under
22Section 15 of the Local Government Debt Reform Act; (j) made
23for a qualified airport authority to pay interest or principal
24on general obligation bonds issued for the purpose of paying
25obligations due under, or financing airport facilities
26required to be acquired, constructed, installed or equipped

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1pursuant to, contracts entered into before March 1, 1996 (but
2not including any amendments to such a contract taking effect
3on or after that date); (k) made to fund expenses of providing
4joint recreational programs for persons with disabilities
5under Section 5-8 of the Park District Code or Section 11-95-14
6of the Illinois Municipal Code; (l) made for contributions to a
7firefighter's pension fund created under Article 4 of the
8Illinois Pension Code, to the extent of the amount certified
9under item (5) of Section 4-134 of the Illinois Pension Code;
10and (m) made for the taxing district to pay interest or
11principal on general obligation bonds issued pursuant to
12Section 19-3.10 of the School Code.
13 "Aggregate extension" for all taxing districts to which
14this Law applies in accordance with paragraph (2) of subsection
15(e) of Section 18-213 means, except with respect to the 2017
16and 2018 levy years, the annual corporate extension for the
17taxing district and those special purpose extensions that are
18made 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 effective date of this amendatory Act of 1997; (c) made for
24any taxing district to pay interest or principal on bonds
25issued to refund or continue to refund those bonds issued
26before the effective date of this amendatory Act of 1997; (d)

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1made for any taxing district to pay interest or principal on
2bonds issued to refund or continue to refund bonds issued after
3the effective date of this amendatory Act of 1997 if the bonds
4were approved by referendum after the effective date of this
5amendatory Act of 1997; (e) made for any taxing district to pay
6interest or principal on revenue bonds issued before the
7effective date of this amendatory Act of 1997 for payment of
8which a property tax levy or the full faith and credit of the
9unit of local government is pledged; however, a tax for the
10payment of interest or principal on those bonds shall be made
11only after the governing body of the unit of local government
12finds that all other sources for payment are insufficient to
13make those payments; (f) made for payments under a building
14commission lease when the lease payments are for the retirement
15of bonds issued by the commission before the effective date of
16this amendatory Act of 1997 to pay for the building project;
17(g) made for payments due under installment contracts entered
18into before the effective date of this amendatory Act of 1997;
19(h) made for payments of principal and interest on limited
20bonds, as defined in Section 3 of the Local Government Debt
21Reform Act, in an amount not to exceed the debt service
22extension base less the amount in items (b), (c), and (e) of
23this definition for non-referendum obligations, except
24obligations initially issued pursuant to referendum; (i) made
25for payments of principal and interest on bonds issued under
26Section 15 of the Local Government Debt Reform Act; (j) made

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1for a qualified airport authority to pay interest or principal
2on general obligation bonds issued for the purpose of paying
3obligations due under, or financing airport facilities
4required to be acquired, constructed, installed or equipped
5pursuant to, contracts entered into before March 1, 1996 (but
6not including any amendments to such a contract taking effect
7on or after that date); (k) made to fund expenses of providing
8joint recreational programs for persons with disabilities
9under Section 5-8 of the Park District Code or Section 11-95-14
10of the Illinois Municipal Code; and (l) made for contributions
11to a firefighter's pension fund created under Article 4 of the
12Illinois Pension Code, to the extent of the amount certified
13under item (5) of Section 4-134 of the Illinois Pension Code.
14 "Aggregate extension", for the 2017 and 2018 levy years,
15means the annual corporate extension for the taxing district
16and those special purpose extensions that are made annually for
17the taxing district, excluding special purpose extensions: (a)
18made for the payment of principal and interest on bonds or
19other evidences of indebtedness issued by the taxing district;
20(b) made for contributions to a pension fund created under the
21Illinois Pension Code; and (c) made for public safety purposes.
22Notwithstanding the provisions of this definition of
23"aggregate extension", if a special purpose extension (i) made
24for the payment of principal and interest on bonds or other
25evidences of indebtedness issued by the taxing district, (ii)
26made for contributions to a pension fund created under the

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1Illinois Pension Code, or (iii) made for public safety purposes
2was required to be included in a taxing district's aggregate
3extension for the 2016 levy year, then that special purpose
4extension is also included in the taxing district's aggregate
5extension for the 2017 and 2018 levy years; provided that the
6extension limitation for those extensions for the 2017 and 2018
7levy years shall be (1) the lesser of 5% or the percentage
8increase in the Consumer Price Index during the 12-month
9calendar year preceding the levy year or (2) the rate of
10increase approved by voters under Section 18-205. For the
11purpose of this definition of "aggregate extension", the term
12"public safety" means crime prevention, detention,
13firefighting, police, medical, ambulance, or other emergency
14services.
15 "Debt service extension base" means an amount equal to that
16portion of the extension for a taxing district for the 1994
17levy year, or for those taxing districts subject to this Law in
18accordance with Section 18-213, except for those subject to
19paragraph (2) of subsection (e) of Section 18-213, for the levy
20year in which the referendum making this Law applicable to the
21taxing district is held, or for those taxing districts subject
22to this Law in accordance with paragraph (2) of subsection (e)
23of Section 18-213 for the 1996 levy year, or for those taxing
24districts that become subject to this Law as a result of this
25amendatory Act of the 100th General Assembly for the 2016 levy
26year, constituting an extension for payment of principal and

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1interest on bonds issued by the taxing district without
2referendum, but not including excluded non-referendum bonds.
3For park districts (i) that were first subject to this Law in
41991 or 1995 and (ii) whose extension for the 1994 levy year
5for the payment of principal and interest on bonds issued by
6the park district without referendum (but not including
7excluded non-referendum bonds) was less than 51% of the amount
8for the 1991 levy year constituting an extension for payment of
9principal and interest on bonds issued by the park district
10without referendum (but not including excluded non-referendum
11bonds), "debt service extension base" means an amount equal to
12that portion of the extension for the 1991 levy year
13constituting an extension for payment of principal and interest
14on bonds issued by the park district without referendum (but
15not including excluded non-referendum bonds). A debt service
16extension base established or increased at any time pursuant to
17any provision of this Law, except Section 18-212, shall be
18increased each year commencing with the later of (i) the 2009
19levy year or (ii) the first levy year in which this Law becomes
20applicable to the taxing district, by the lesser of 5% or the
21percentage increase in the Consumer Price Index during the
2212-month calendar year preceding the levy year. The debt
23service extension base may be established or increased as
24provided under Section 18-212. "Excluded non-referendum bonds"
25means (i) bonds authorized by Public Act 88-503 and issued
26under Section 20a of the Chicago Park District Act for aquarium

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1and museum projects; (ii) bonds issued under Section 15 of the
2Local Government Debt Reform Act; or (iii) refunding
3obligations issued to refund or to continue to refund
4obligations initially issued pursuant to referendum.
5 "Special purpose extensions" include, but are not limited
6to, extensions for levies made on an annual basis for
7unemployment and workers' compensation, self-insurance,
8contributions to pension plans, and extensions made pursuant to
9Section 6-601 of the Illinois Highway Code for a road
10district's permanent road fund whether levied annually or not.
11The extension for a special service area is not included in the
12aggregate extension.
13 "Aggregate extension base" means the taxing district's
14last preceding aggregate extension as adjusted under Sections
1518-135, 18-215, and 18-230. An adjustment under Section 18-135
16shall be made for the 2007 levy year and all subsequent levy
17years whenever one or more counties within which a taxing
18district is located (i) used estimated valuations or rates when
19extending taxes in the taxing district for the last preceding
20levy year that resulted in the over or under extension of
21taxes, or (ii) increased or decreased the tax extension for the
22last preceding levy year as required by Section 18-135(c).
23Whenever an adjustment is required under Section 18-135, the
24aggregate extension base of the taxing district shall be equal
25to the amount that the aggregate extension of the taxing
26district would have been for the last preceding levy year if

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1either or both (i) actual, rather than estimated, valuations or
2rates had been used to calculate the extension of taxes for the
3last levy year, or (ii) the tax extension for the last
4preceding levy year had not been adjusted as required by
5subsection (c) of Section 18-135.
6 Notwithstanding any other provision of law, for levy year
72012, the aggregate extension base for West Northfield School
8District No. 31 in Cook County shall be $12,654,592.
9 "Levy year" has the same meaning as "year" under Section
101-155.
11 "New property" means (i) the assessed value, after final
12board of review or board of appeals action, of new improvements
13or additions to existing improvements on any parcel of real
14property that increase the assessed value of that real property
15during the levy year multiplied by the equalization factor
16issued by the Department under Section 17-30, (ii) the assessed
17value, after final board of review or board of appeals action,
18of real property not exempt from real estate taxation, which
19real property was exempt from real estate taxation for any
20portion of the immediately preceding levy year, multiplied by
21the equalization factor issued by the Department under Section
2217-30, including the assessed value, upon final stabilization
23of occupancy after new construction is complete, of any real
24property located within the boundaries of an otherwise or
25previously exempt military reservation that is intended for
26residential use and owned by or leased to a private corporation

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

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

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

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1specified in the proposition, after which the limiting rate of
2the taxing district shall be calculated as otherwise provided.
3In the case of a taxing district that obtained referendum
4approval for an increased limiting rate on March 20, 2012, the
5limiting rate for tax year 2012 shall be the rate that
6generates the approximate total amount of taxes extendable for
7that tax year, as set forth in the proposition approved by the
8voters; this rate shall be the final rate applied by the county
9clerk for the aggregate of all capped funds of the district for
10tax year 2012.
11(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,
12eff. 7-27-15.)
13 (Text of Section after amendment by P.A. 99-521)
14 Sec. 18-185. Short title; definitions. This Division 5 may
15be cited as the Property Tax Extension Limitation Law. As used
16in this Division 5:
17 "Consumer Price Index" means the Consumer Price Index for
18All Urban Consumers for all items published by the United
19States Department of Labor.
20 "Extension limitation", except as otherwise provided in
21this paragraph, means (a) the lesser of 5% or the percentage
22increase in the Consumer Price Index during the 12-month
23calendar year preceding the levy year or (b) the rate of
24increase approved by voters under Section 18-205. For the 2017
25and 2018 levy years only, "extension limitation" means 0% or

SB0013- 21 -LRB100 06355 HLH 16394 b
1the rate of increase approved by the voters under Section
218-205. For the 2017 and 2018 levy years, if a special purpose
3extension (i) made for the payment of principal and interest on
4bonds or other evidences of indebtedness issued by the taxing
5district, (ii) made for contributions to a pension fund created
6under the Illinois Pension Code, or (iii) made for public
7safety purposes was required to be included in a taxing
8district's aggregate extension for the 2016 levy year, then the
9extension limitation for those extensions for the 2017 and 2018
10levy years shall be (1) the lesser of 5% or the percentage
11increase in the Consumer Price Index during the 12-month
12calendar year preceding the levy year or (2) the rate of
13increase approved by voters under Section 18-205.
14 "Affected county" means a county of 3,000,000 or more
15inhabitants or a county contiguous to a county of 3,000,000 or
16more inhabitants.
17 "Taxing district" has the same meaning provided in Section
181-150, except as otherwise provided in this Section. For the
191991 through 1994 levy years only, "taxing district" includes
20only each non-home rule taxing district having the majority of
21its 1990 equalized assessed value within any county or counties
22contiguous to a county with 3,000,000 or more inhabitants.
23Beginning with the 1995 levy year, "taxing district" includes
24only each non-home rule taxing district subject to this Law
25before the 1995 levy year and each non-home rule taxing
26district not subject to this Law before the 1995 levy year

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1having the majority of its 1994 equalized assessed value in an
2affected county or counties. Beginning with the levy year in
3which this Law becomes applicable to a taxing district as
4provided in Section 18-213, "taxing district" also includes
5those taxing districts made subject to this Law as provided in
6Section 18-213. For the 2017 and 2018 levy years, "taxing
7district" has the same meaning provided in Section 1-150 and
8includes home rule units.
9 "Aggregate extension" for taxing districts to which this
10Law applied before the 1995 levy year means, except with
11respect to the 2017 and 2018 levy years, the annual corporate
12extension for the taxing district and those special purpose
13extensions that are made annually for the taxing district,
14excluding special purpose extensions: (a) made for the taxing
15district to pay interest or principal on general obligation
16bonds that were approved by referendum; (b) made for any taxing
17district to pay interest or principal on general obligation
18bonds issued before October 1, 1991; (c) made for any taxing
19district to pay interest or principal on bonds issued to refund
20or continue to refund those bonds issued before October 1,
211991; (d) made for any taxing district to pay interest or
22principal on bonds issued to refund or continue to refund bonds
23issued after October 1, 1991 that were approved by referendum;
24(e) made for any taxing district to pay interest or principal
25on revenue bonds issued before October 1, 1991 for payment of
26which a property tax levy or the full faith and credit of the

SB0013- 23 -LRB100 06355 HLH 16394 b
1unit of local government is pledged; however, a tax for the
2payment of interest or principal on those bonds shall be made
3only after the governing body of the unit of local government
4finds that all other sources for payment are insufficient to
5make those payments; (f) made for payments under a building
6commission lease when the lease payments are for the retirement
7of bonds issued by the commission before October 1, 1991, to
8pay for the building project; (g) made for payments due under
9installment contracts entered into before October 1, 1991; (h)
10made for payments of principal and interest on bonds issued
11under the Metropolitan Water Reclamation District Act to
12finance construction projects initiated before October 1,
131991; (i) made for payments of principal and interest on
14limited bonds, as defined in Section 3 of the Local Government
15Debt Reform Act, in an amount not to exceed the debt service
16extension base less the amount in items (b), (c), (e), and (h)
17of this definition for non-referendum obligations, except
18obligations initially issued pursuant to referendum; (j) made
19for payments of principal and interest on bonds issued under
20Section 15 of the Local Government Debt Reform Act; (k) made by
21a school district that participates in the Special Education
22District of Lake County, created by special education joint
23agreement under Section 10-22.31 of the School Code, for
24payment of the school district's share of the amounts required
25to be contributed by the Special Education District of Lake
26County to the Illinois Municipal Retirement Fund under Article

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17 of the Illinois Pension Code; the amount of any extension
2under this item (k) shall be certified by the school district
3to the county clerk; (l) made to fund expenses of providing
4joint recreational programs for persons with disabilities
5under Section 5-8 of the Park District Code or Section 11-95-14
6of the Illinois Municipal Code; (m) made for temporary
7relocation loan repayment purposes pursuant to Sections 2-3.77
8and 17-2.2d of the School Code; (n) made for payment of
9principal and interest on any bonds issued under the authority
10of Section 17-2.2d of the School Code; (o) made for
11contributions to a firefighter's pension fund created under
12Article 4 of the Illinois Pension Code, to the extent of the
13amount certified under item (5) of Section 4-134 of the
14Illinois Pension Code; and (p) made for road purposes in the
15first year after a township assumes the rights, powers, duties,
16assets, property, liabilities, obligations, and
17responsibilities of a road district abolished under the
18provisions of Section 6-133 of the Illinois Highway Code.
19 "Aggregate extension" for the taxing districts to which
20this Law did not apply before the 1995 levy year (except taxing
21districts subject to this Law in accordance with Section
2218-213) means, except with respect to the 2017 and 2018 levy
23years, the annual corporate extension for the taxing district
24and those special purpose extensions that are made annually for
25the taxing district, excluding special purpose extensions: (a)
26made for the taxing district to pay interest or principal on

SB0013- 25 -LRB100 06355 HLH 16394 b
1general obligation bonds that were approved by referendum; (b)
2made for any taxing district to pay interest or principal on
3general obligation bonds issued before March 1, 1995; (c) made
4for any taxing district to pay interest or principal on bonds
5issued to refund or continue to refund those bonds issued
6before March 1, 1995; (d) made for any taxing district to pay
7interest or principal on bonds issued to refund or continue to
8refund bonds issued after March 1, 1995 that were approved by
9referendum; (e) made for any taxing district to pay interest or
10principal on revenue bonds issued before March 1, 1995 for
11payment of which a property tax levy or the full faith and
12credit of the unit of local government is pledged; however, a
13tax for the payment of interest or principal on those bonds
14shall be made only after the governing body of the unit of
15local government finds that all other sources for payment are
16insufficient to make those payments; (f) made for payments
17under a building commission lease when the lease payments are
18for the retirement of bonds issued by the commission before
19March 1, 1995 to pay for the building project; (g) made for
20payments due under installment contracts entered into before
21March 1, 1995; (h) made for payments of principal and interest
22on bonds issued under the Metropolitan Water Reclamation
23District Act to finance construction projects initiated before
24October 1, 1991; (h-4) made for stormwater management purposes
25by the Metropolitan Water Reclamation District of Greater
26Chicago under Section 12 of the Metropolitan Water Reclamation

SB0013- 26 -LRB100 06355 HLH 16394 b
1District Act; (i) made for payments of principal and interest
2on limited bonds, as defined in Section 3 of the Local
3Government Debt Reform Act, in an amount not to exceed the debt
4service extension base less the amount in items (b), (c), and
5(e) of this definition for non-referendum obligations, except
6obligations initially issued pursuant to referendum and bonds
7described in subsection (h) of this definition; (j) made for
8payments of principal and interest on bonds issued under
9Section 15 of the Local Government Debt Reform Act; (k) made
10for payments of principal and interest on bonds authorized by
11Public Act 88-503 and issued under Section 20a of the Chicago
12Park District Act for aquarium or museum projects; (l) made for
13payments of principal and interest on bonds authorized by
14Public Act 87-1191 or 93-601 and (i) issued pursuant to Section
1521.2 of the Cook County Forest Preserve District Act, (ii)
16issued under Section 42 of the Cook County Forest Preserve
17District Act for zoological park projects, or (iii) issued
18under Section 44.1 of the Cook County Forest Preserve District
19Act for botanical gardens projects; (m) made pursuant to
20Section 34-53.5 of the School Code, whether levied annually or
21not; (n) made to fund expenses of providing joint recreational
22programs for persons with disabilities under Section 5-8 of the
23Park District Code or Section 11-95-14 of the Illinois
24Municipal Code; (o) made by the Chicago Park District for
25recreational programs for persons with disabilities under
26subsection (c) of Section 7.06 of the Chicago Park District

SB0013- 27 -LRB100 06355 HLH 16394 b
1Act; (p) made for contributions to a firefighter's pension fund
2created under Article 4 of the Illinois Pension Code, to the
3extent of the amount certified under item (5) of Section 4-134
4of the Illinois Pension Code; (q) made by Ford Heights School
5District 169 under Section 17-9.02 of the School Code; and (r)
6made for the purpose of making employer contributions to the
7Public School Teachers' Pension and Retirement Fund of Chicago
8under Section 34-53 of the School Code.
9 "Aggregate extension" for all taxing districts to which
10this Law applies in accordance with Section 18-213, except for
11those taxing districts subject to paragraph (2) of subsection
12(e) of Section 18-213, means, except with respect to the 2017
13and 2018 levy years, the annual corporate extension for the
14taxing district and those special purpose extensions that are
15made annually for the taxing district, excluding special
16purpose extensions: (a) made for the taxing district to pay
17interest or principal on general obligation bonds that were
18approved by referendum; (b) made for any taxing district to pay
19interest or principal on general obligation bonds issued before
20the date on which the referendum making this Law applicable to
21the taxing district is held; (c) made for any taxing district
22to pay interest or principal on bonds issued to refund or
23continue to refund those bonds issued before the date on which
24the referendum making this Law applicable to the taxing
25district is held; (d) made for any taxing district to pay
26interest or principal on bonds issued to refund or continue to

SB0013- 28 -LRB100 06355 HLH 16394 b
1refund bonds issued after the date on which the referendum
2making this Law applicable to the taxing district is held if
3the bonds were approved by referendum after the date on which
4the referendum making this Law applicable to the taxing
5district is held; (e) made for any taxing district to pay
6interest or principal on revenue bonds issued before the date
7on which the referendum making this Law applicable to the
8taxing district is held for payment of which a property tax
9levy or the full faith and credit of the unit of local
10government is pledged; however, a tax for the payment of
11interest or principal on those bonds shall be made only after
12the governing body of the unit of local government finds that
13all other sources for payment are insufficient to make those
14payments; (f) made for payments under a building commission
15lease when the lease payments are for the retirement of bonds
16issued by the commission before the date on which the
17referendum making this Law applicable to the taxing district is
18held to pay for the building project; (g) made for payments due
19under installment contracts entered into before the date on
20which the referendum making this Law applicable to the taxing
21district is held; (h) made for payments of principal and
22interest on limited bonds, as defined in Section 3 of the Local
23Government Debt Reform Act, in an amount not to exceed the debt
24service extension base less the amount in items (b), (c), and
25(e) of this definition for non-referendum obligations, except
26obligations initially issued pursuant to referendum; (i) made

SB0013- 29 -LRB100 06355 HLH 16394 b
1for payments of principal and interest on bonds issued under
2Section 15 of the Local Government Debt Reform Act; (j) made
3for a qualified airport authority to pay interest or principal
4on general obligation bonds issued for the purpose of paying
5obligations due under, or financing airport facilities
6required to be acquired, constructed, installed or equipped
7pursuant to, contracts entered into before March 1, 1996 (but
8not including any amendments to such a contract taking effect
9on or after that date); (k) made to fund expenses of providing
10joint recreational programs for persons with disabilities
11under Section 5-8 of the Park District Code or Section 11-95-14
12of the Illinois Municipal Code; (l) made for contributions to a
13firefighter's pension fund created under Article 4 of the
14Illinois Pension Code, to the extent of the amount certified
15under item (5) of Section 4-134 of the Illinois Pension Code;
16and (m) made for the taxing district to pay interest or
17principal on general obligation bonds issued pursuant to
18Section 19-3.10 of the School Code.
19 "Aggregate extension" for all taxing districts to which
20this Law applies in accordance with paragraph (2) of subsection
21(e) of Section 18-213 means, except with respect to the 2017
22and 2018 levy years, the annual corporate extension for the
23taxing district and those special purpose extensions that are
24made annually for the taxing district, excluding special
25purpose extensions: (a) made for the taxing district to pay
26interest or principal on general obligation bonds that were

SB0013- 30 -LRB100 06355 HLH 16394 b
1approved by referendum; (b) made for any taxing district to pay
2interest or principal on general obligation bonds issued before
3the effective date of this amendatory Act of 1997; (c) made for
4any taxing district to pay interest or principal on bonds
5issued to refund or continue to refund those bonds issued
6before the effective date of this amendatory Act of 1997; (d)
7made for any taxing district to pay interest or principal on
8bonds issued to refund or continue to refund bonds issued after
9the effective date of this amendatory Act of 1997 if the bonds
10were approved by referendum after the effective date of this
11amendatory Act of 1997; (e) made for any taxing district to pay
12interest or principal on revenue bonds issued before the
13effective date of this amendatory Act of 1997 for payment of
14which a property tax levy or the full faith and credit of the
15unit of local government is pledged; however, a tax for the
16payment of interest or principal on those bonds shall be made
17only after the governing body of the unit of local government
18finds that all other sources for payment are insufficient to
19make those payments; (f) made for payments under a building
20commission lease when the lease payments are for the retirement
21of bonds issued by the commission before the effective date of
22this amendatory Act of 1997 to pay for the building project;
23(g) made for payments due under installment contracts entered
24into before the effective date of this amendatory Act of 1997;
25(h) made for payments of principal and interest on limited
26bonds, as defined in Section 3 of the Local Government Debt

SB0013- 31 -LRB100 06355 HLH 16394 b
1Reform Act, in an amount not to exceed the debt service
2extension base less the amount in items (b), (c), and (e) of
3this definition for non-referendum obligations, except
4obligations initially issued pursuant to referendum; (i) made
5for payments of principal and interest on bonds issued under
6Section 15 of the Local Government Debt Reform Act; (j) made
7for a qualified airport authority to pay interest or principal
8on general obligation bonds issued for the purpose of paying
9obligations due under, or financing airport facilities
10required to be acquired, constructed, installed or equipped
11pursuant to, contracts entered into before March 1, 1996 (but
12not including any amendments to such a contract taking effect
13on or after that date); (k) made to fund expenses of providing
14joint recreational programs for persons with disabilities
15under Section 5-8 of the Park District Code or Section 11-95-14
16of the Illinois Municipal Code; and (l) made for contributions
17to a firefighter's pension fund created under Article 4 of the
18Illinois Pension Code, to the extent of the amount certified
19under item (5) of Section 4-134 of the Illinois Pension Code.
20 "Aggregate extension", for the 2017 and 2018 levy years,
21means the annual corporate extension for the taxing district
22and those special purpose extensions that are made annually for
23the taxing district, excluding special purpose extensions: (a)
24made for the payment of principal and interest on bonds or
25other evidences of indebtedness issued by the taxing district;
26(b) made for contributions to a pension fund created under the

SB0013- 32 -LRB100 06355 HLH 16394 b
1Illinois Pension Code; and (c) made for public safety purposes.
2Notwithstanding the provisions of this definition of
3"aggregate extension", if a special purpose extension (i) made
4for the payment of principal and interest on bonds or other
5evidences of indebtedness issued by the taxing district, (ii)
6made for contributions to a pension fund created under the
7Illinois Pension Code, or (iii) made for public safety purposes
8was required to be included in a taxing district's aggregate
9extension for the 2016 levy year, then that special purpose
10extension is also included in the taxing district's aggregate
11extension for the 2017 and 2018 levy years; provided that the
12extension limitation for those extensions for the 2017 and 2018
13levy years shall be (1) the lesser of 5% or the percentage
14increase in the Consumer Price Index during the 12-month
15calendar year preceding the levy year or (2) the rate of
16increase approved by voters under Section 18-205. For the
17purpose of this definition of "aggregate extension", the term
18"public safety" means crime prevention, detention,
19firefighting, police, medical, ambulance, or other emergency
20services.
21 "Debt service extension base" means an amount equal to that
22portion of the extension for a taxing district for the 1994
23levy year, or for those taxing districts subject to this Law in
24accordance with Section 18-213, except for those subject to
25paragraph (2) of subsection (e) of Section 18-213, for the levy
26year in which the referendum making this Law applicable to the

SB0013- 33 -LRB100 06355 HLH 16394 b
1taxing district is held, or for those taxing districts subject
2to this Law in accordance with paragraph (2) of subsection (e)
3of Section 18-213 for the 1996 levy year, or for those taxing
4districts that become subject to this Law as a result of this
5amendatory Act of the 100th General Assembly for the 2016 levy
6year, constituting an extension for payment of principal and
7interest on bonds issued by the taxing district without
8referendum, but not including excluded non-referendum bonds.
9For park districts (i) that were first subject to this Law in
101991 or 1995 and (ii) whose extension for the 1994 levy year
11for the payment of principal and interest on bonds issued by
12the park district without referendum (but not including
13excluded non-referendum bonds) was less than 51% of the amount
14for the 1991 levy year constituting an extension for payment of
15principal and interest on bonds issued by the park district
16without referendum (but not including excluded non-referendum
17bonds), "debt service extension base" means an amount equal to
18that portion of the extension for the 1991 levy year
19constituting an extension for payment of principal and interest
20on bonds issued by the park district without referendum (but
21not including excluded non-referendum bonds). A debt service
22extension base established or increased at any time pursuant to
23any provision of this Law, except Section 18-212, shall be
24increased each year commencing with the later of (i) the 2009
25levy year or (ii) the first levy year in which this Law becomes
26applicable to the taxing district, by the lesser of 5% or the

SB0013- 34 -LRB100 06355 HLH 16394 b
1percentage increase in the Consumer Price Index during the
212-month calendar year preceding the levy year. The debt
3service extension base may be established or increased as
4provided under Section 18-212. "Excluded non-referendum bonds"
5means (i) bonds authorized by Public Act 88-503 and issued
6under Section 20a of the Chicago Park District Act for aquarium
7and museum 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

SB0013- 35 -LRB100 06355 HLH 16394 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

SB0013- 36 -LRB100 06355 HLH 16394 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

SB0013- 37 -LRB100 06355 HLH 16394 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

SB0013- 38 -LRB100 06355 HLH 16394 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

SB0013- 39 -LRB100 06355 HLH 16394 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.
22 (a) A taxing district is limited to an extension limitation
23as defined in Section 18-185 of 5% or the percentage increase
24in the Consumer Price Index during the 12-month calendar year
25preceding the levy year, whichever is less. A taxing district

SB0013- 40 -LRB100 06355 HLH 16394 b
1may increase its extension limitation for one or more levy
2years if that taxing district holds a referendum before the
3levy date for the first levy year at which a majority of voters
4voting on the issue approves adoption of a higher extension
5limitation. Referenda shall be conducted at a regularly
6scheduled election in accordance with the Election Code.
7 (b) The question shall be presented in substantially the
8following manner for all elections held after March 21, 2006:
9 Shall the extension limitation under the Property Tax
10 Extension Limitation Law for (insert the legal name,
11 number, if any, and county or counties of the taxing
12 district and geographic or other common name by which a
13 school or community college district is known and referred
14 to), Illinois, be increased from (applicable extension
15 limitation set forth in Section 18-185) the lesser of 5% or
16 the percentage increase in the Consumer Price Index over
17 the prior levy year to (insert the percentage of the
18 proposed increase)% per year for (insert each levy year for
19 which the increased extension limitation will apply)?
20 (c) The votes must be recorded as "Yes" or "No".
21If a majority of voters voting on the issue approves the
22adoption of the increase, the increase shall be applicable for
23each levy year specified.
24 (d) The ballot for any question submitted pursuant to this
25Section shall have printed thereon, but not as a part of the
26question submitted, only the following supplemental

SB0013- 41 -LRB100 06355 HLH 16394 b
1information (which shall be supplied to the election authority
2by the taxing district) in substantially the following form:
3 (1) For the (insert the first levy year for which the
4 increased extension limitation will be applicable) levy
5 year the approximate amount of the additional tax
6 extendable against property containing a single family
7 residence and having a fair market value at the time of the
8 referendum of $100,000 is estimated to be $....
9 (2) Based upon an average annual percentage increase
10 (or decrease) in the market value of such property of ...%
11 (insert percentage equal to the average annual percentage
12 increase or decrease for the prior 3 levy years, at the
13 time the submission of the question is initiated by the
14 taxing district, in the amount of (A) the equalized
15 assessed value of the taxable property in the taxing
16 district less (B) the new property included in the
17 equalized assessed value), the approximate amount of the
18 additional tax extendable against such property for the ...
19 levy year is estimated to be $... and for the ... levy year
20 is estimated to be $....
21 Paragraph (2) shall be included only if the increased
22extension limitation will be applicable for more than one year
23and shall list each levy year for which the increased extension
24limitation will be applicable. The additional tax shown for
25each levy year shall be the approximate dollar amount of the
26increase over the amount of the most recently completed

SB0013- 42 -LRB100 06355 HLH 16394 b
1extension at the time the submission of the question is
2initiated by the taxing district. The approximate amount of the
3additional tax extendable shown in paragraphs (1) and (2) shall
4be calculated by multiplying $100,000 (the fair market value of
5the property without regard to any property tax exemptions) by
6(i) the percentage level of assessment prescribed for that
7property by statute, or by ordinance of the county board in
8counties that classify property for purposes of taxation in
9accordance with Section 4 of Article IX of the Illinois
10Constitution; (ii) the most recent final equalization factor
11certified to the county clerk by the Department of Revenue at
12the time the taxing district initiates the submission of the
13proposition to the electors; (iii) the last known aggregate
14extension base of the taxing district at the time the
15submission of the question is initiated by the taxing district;
16and (iv) the difference between the percentage increase
17proposed in the question and the otherwise applicable extension
18limitation under Section 18-185 the lesser of 5% or the
19percentage increase in the Consumer Price Index for the prior
20levy year (or an estimate of the percentage increase for the
21prior levy year if the increase is unavailable at the time the
22submission of the question is initiated by the taxing
23district); and dividing the result by the last known equalized
24assessed value of the taxing district at the time the
25submission of the question is initiated by the taxing district.
26This amendatory Act of the 97th General Assembly is intended to

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1clarify the existing requirements of this Section, and shall
2not be construed to validate any prior non-compliant referendum
3language. Any notice required to be published in connection
4with the submission of the question shall also contain this
5supplemental information and shall not contain any other
6supplemental information. Any error, miscalculation, or
7inaccuracy in computing any amount set forth on the ballot or
8in the notice that is not deliberate shall not invalidate or
9affect the validity of any proposition approved. Notice of the
10referendum shall be published and posted as otherwise required
11by law, and the submission of the question shall be initiated
12as provided by law.
13(Source: P.A. 97-1087, eff. 8-24-12.)
14 (35 ILCS 200/18-213)
15 Sec. 18-213. Referenda on applicability of the Property Tax
16Extension Limitation Law.
17 (a) The provisions of this Section do not apply to a taxing
18district subject to this Law because a majority of its 1990
19equalized assessed value is in a county or counties contiguous
20to a county of 3,000,000 or more inhabitants, or because a
21majority of its 1994 equalized assessed value is in an affected
22county and the taxing district was not subject to this Law
23before the 1995 levy year.
24 (b) The county board of a county that is not subject to
25this Law may, by ordinance or resolution, submit to the voters

SB0013- 44 -LRB100 06355 HLH 16394 b
1of the county the question of whether to make all non-home rule
2taxing districts that have all or a portion of their equalized
3assessed valuation situated in the county subject to this Law
4in the manner set forth in this Section.
5 For purposes of this Section only:
6 "Taxing district" has the same meaning provided in Section
71-150.
8 "Equalized assessed valuation" means the equalized
9assessed valuation for a taxing district for the immediately
10preceding levy year.
11 (c) The ordinance or resolution shall request the
12submission of the proposition at any election, except a
13consolidated primary election, for the purpose of voting for or
14against making the Property Tax Extension Limitation Law
15applicable to all non-home rule taxing districts that have all
16or a portion of their equalized assessed valuation situated in
17the county.
18 The question shall be placed on a separate ballot and shall
19be in substantially the following form:
20 Shall the Property Tax Extension Limitation Law (35
21 ILCS 200/18-185 through 18-245), which limits annual
22 property tax extension increases, apply to non-home rule
23 taxing districts with all or a portion of their equalized
24 assessed valuation located in (name of county)?
25Votes on the question shall be recorded as "yes" or "no".
26 (d) The county clerk shall order the proposition submitted

SB0013- 45 -LRB100 06355 HLH 16394 b
1to the electors of the county at the election specified in the
2ordinance or resolution. If part of the county is under the
3jurisdiction of a board or boards of election commissioners,
4the county clerk shall submit a certified copy of the ordinance
5or resolution to each board of election commissioners, which
6shall order the proposition submitted to the electors of the
7taxing district within its jurisdiction at the election
8specified in the ordinance or resolution.
9 (e) (1) With respect to taxing districts having all of
10 their equalized assessed valuation located in the county,
11 if a majority of the votes cast on the proposition are in
12 favor of the proposition, then this Law becomes applicable
13 to the taxing district beginning on January 1 of the year
14 following the date of the referendum.
15 (2) With respect to taxing districts that meet all the
16 following conditions this Law shall become applicable to
17 the taxing district beginning on January 1, 1997. The
18 districts to which this paragraph (2) is applicable
19 (A) do not have all of their equalized assessed
20 valuation located in a single county,
21 (B) have equalized assessed valuation in an
22 affected county,
23 (C) meet the condition that each county, other than
24 an affected county, in which any of the equalized
25 assessed valuation of the taxing district is located
26 has held a referendum under this Section at any

SB0013- 46 -LRB100 06355 HLH 16394 b
1 election, except a consolidated primary election, held
2 prior to the effective date of this amendatory Act of
3 1997, and
4 (D) have a majority of the district's equalized
5 assessed valuation located in one or more counties in
6 each of which the voters have approved a referendum
7 under this Section prior to the effective date of this
8 amendatory Act of 1997. For purposes of this Section,
9 in determining whether a majority of the equalized
10 assessed valuation of the taxing district is located in
11 one or more counties in which the voters have approved
12 a referendum under this Section, the equalized
13 assessed valuation of the taxing district in any
14 affected county shall be included with the equalized
15 assessed value of the taxing district in counties in
16 which the voters have approved the referendum.
17 (3) With respect to taxing districts that do not have
18 all of their equalized assessed valuation located in a
19 single county and to which paragraph (2) of subsection (e)
20 is not applicable, if each county other than an affected
21 county in which any of the equalized assessed valuation of
22 the taxing district is located has held a referendum under
23 this Section at any election, except a consolidated primary
24 election, held in any year and if a majority of the
25 equalized assessed valuation of the taxing district is
26 located in one or more counties that have each approved a

SB0013- 47 -LRB100 06355 HLH 16394 b
1 referendum under this Section, then this Law shall become
2 applicable to the taxing district on January 1 of the year
3 following the year in which the last referendum in a county
4 in which the taxing district has any equalized assessed
5 valuation is held. For the purposes of this Law, the last
6 referendum shall be deemed to be the referendum making this
7 Law applicable to the taxing district. For purposes of this
8 Section, in determining whether a majority of the equalized
9 assessed valuation of the taxing district is located in one
10 or more counties that have approved a referendum under this
11 Section, the equalized assessed valuation of the taxing
12 district in any affected county shall be included with the
13 equalized assessed value of the taxing district in counties
14 that have approved the referendum.
15 (f) Immediately after a referendum is held under this
16Section, the county clerk of the county holding the referendum
17shall give notice of the referendum having been held and its
18results to all taxing districts that have all or a portion of
19their equalized assessed valuation located in the county, the
20county clerk of any other county in which any of the equalized
21assessed valuation of any taxing district is located, and the
22Department of Revenue. After the last referendum affecting a
23multi-county taxing district is held, the Department of Revenue
24shall determine whether the taxing district is subject to this
25Law and, if so, shall notify the taxing district and the county
26clerks of all of the counties in which a portion of the

SB0013- 48 -LRB100 06355 HLH 16394 b
1equalized assessed valuation of the taxing district is located
2that, beginning the following January 1, the taxing district is
3subject to this Law. For each taxing district subject to
4paragraph (2) of subsection (e) of this Section, the Department
5of Revenue shall notify the taxing district and the county
6clerks of all of the counties in which a portion of the
7equalized assessed valuation of the taxing district is located
8that, beginning January 1, 1997, the taxing district is subject
9to this Law.
10 (g) Referenda held under this Section shall be conducted in
11accordance with the Election Code.
12 (h) Notwithstanding any other provision of law, no
13referenda may be held under this Section with respect to levy
14years 2017 and 2018.
15(Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
16 (35 ILCS 200/18-214)
17 Sec. 18-214. Referenda on removal of the applicability of
18the Property Tax Extension Limitation Law to non-home rule
19taxing districts.
20 (a) The provisions of this Section do not apply to a taxing
21district that is subject to this Law because a majority of its
221990 equalized assessed value is in a county or counties
23contiguous to a county of 3,000,000 or more inhabitants, or
24because a majority of its 1994 equalized assessed value is in
25an affected county and the taxing district was not subject to

SB0013- 49 -LRB100 06355 HLH 16394 b
1this Law before the 1995 levy year.
2 (b) For purposes of this Section only:
3 "Taxing district" means any non-home rule taxing district
4that became subject to this Law under Section 18-213 of this
5Law.
6 "Equalized assessed valuation" means the equalized
7assessed valuation for a taxing district for the immediately
8preceding levy year.
9 (c) The county board of a county that became subject to
10this Law by a referendum approved by the voters of the county
11under Section 18-213 may, by ordinance or resolution, in the
12manner set forth in this Section, submit to the voters of the
13county the question of whether this Law applies to all non-home
14rule taxing districts that have all or a portion of their
15equalized assessed valuation situated in the county in the
16manner set forth in this Section.
17 (d) The ordinance or resolution shall request the
18submission of the proposition at any election, except a
19consolidated primary election, for the purpose of voting for or
20against the continued application of the Property Tax Extension
21Limitation Law to all non-home rule taxing districts that have
22all or a portion of their equalized assessed valuation situated
23in the county.
24 The question shall be placed on a separate ballot and shall
25be in substantially the following form:
26 Shall the Property Tax Extension Limitation Law (35

SB0013- 50 -LRB100 06355 HLH 16394 b
1 ILCS 200/18-185 through 35 ILCS 200/18-245), which limits
2 annual property tax extension increases, apply to non-home
3 rule taxing districts with all or a portion of their
4 equalized assessed valuation located in (name of county)?
5Votes on the question shall be recorded as "yes" or "no".
6 (e) The county clerk shall order the proposition submitted
7to the electors of the county at the election specified in the
8ordinance or resolution. If part of the county is under the
9jurisdiction of a board or boards of election commissioners,
10the county clerk shall submit a certified copy of the ordinance
11or resolution to each board of election commissioners, which
12shall order the proposition submitted to the electors of the
13taxing district within its jurisdiction at the election
14specified in the ordinance or resolution.
15 (f) With respect to taxing districts having all of their
16equalized assessed valuation located in one county, if a
17majority of the votes cast on the proposition are against the
18proposition, then this Law shall not apply to the taxing
19district beginning on January 1 of the year following the date
20of the referendum.
21 (g) With respect to taxing districts that do not have all
22of their equalized assessed valuation located in a single
23county, if both of the following conditions are met, then this
24Law shall no longer apply to the taxing district beginning on
25January 1 of the year following the date of the referendum.
26 (1) Each county in which the district has any equalized

SB0013- 51 -LRB100 06355 HLH 16394 b
1 assessed valuation must either, (i) have held a referendum
2 under this Section, (ii) be an affected county, or (iii)
3 have held a referendum under Section 18-213 at which the
4 voters rejected the proposition at the most recent election
5 at which the question was on the ballot in the county.
6 (2) The majority of the equalized assessed valuation of
7 the taxing district, other than any equalized assessed
8 valuation in an affected county, is in one or more counties
9 in which the voters rejected the proposition. For purposes
10 of this Section, in determining whether a majority of the
11 equalized assessed valuation of the taxing district is
12 located in one or more counties in which the voters have
13 rejected the proposition under this Section, the equalized
14 assessed valuation of any taxing district in a county which
15 has held a referendum under Section 18-213 at which the
16 voters rejected that proposition, at the most recent
17 election at which the question was on the ballot in the
18 county, will be included with the equalized assessed value
19 of the taxing district in counties in which the voters have
20 rejected the referendum held under this Section.
21 (h) Immediately after a referendum is held under this
22Section, the county clerk of the county holding the referendum
23shall give notice of the referendum having been held and its
24results to all taxing districts that have all or a portion of
25their equalized assessed valuation located in the county, the
26county clerk of any other county in which any of the equalized

SB0013- 52 -LRB100 06355 HLH 16394 b
1assessed valuation of any such taxing district is located, and
2the Department of Revenue. After the last referendum affecting
3a multi-county taxing district is held, the Department of
4Revenue shall determine whether the taxing district is no
5longer subject to this Law and, if the taxing district is no
6longer subject to this Law, the Department of Revenue shall
7notify the taxing district and the county clerks of all of the
8counties in which a portion of the equalized assessed valuation
9of the taxing district is located that, beginning on January 1
10of the year following the date of the last referendum, the
11taxing district is no longer subject to this Law.
12 (i) Notwithstanding any other provision of law, no
13referenda may be held under this Section with respect to levy
14years 2017 and 2018.
15(Source: P.A. 89-718, eff. 3-7-97.)
16 (35 ILCS 200/18-242 new)
17 Sec. 18-242. Home rule. This Division 5 is a limitation,
18under subsection (g) of Section 6 of Article VII of the
19Illinois Constitution, on the power of home rule units to tax.
20 Section 10. The School Code is amended by changing Sections
212-3.25g, 10-22.34c, 27-6, 27-7, and 27-24.2 and by adding
22Section 22-62 as follows:
23 (105 ILCS 5/2-3.25g) (from Ch. 122, par. 2-3.25g)

SB0013- 53 -LRB100 06355 HLH 16394 b
1 Sec. 2-3.25g. Waiver or modification of mandates within the
2School Code and administrative rules and regulations.
3 (a) In this Section:
4 "Board" means a school board or the governing board or
5 administrative district, as the case may be, for a joint
6 agreement.
7 "Eligible applicant" means a school district, joint
8 agreement made up of school districts, or regional
9 superintendent of schools on behalf of schools and programs
10 operated by the regional office of education.
11 "Implementation date" has the meaning set forth in
12 Section 24A-2.5 of this Code.
13 "State Board" means the State Board of Education.
14 (b) Notwithstanding any other provisions of this School
15Code or any other law of this State to the contrary, eligible
16applicants may petition the State Board of Education for the
17waiver or modification of the mandates of this School Code or
18of the administrative rules and regulations promulgated by the
19State Board of Education. Waivers or modifications of
20administrative rules and regulations and modifications of
21mandates of this School Code may be requested when an eligible
22applicant demonstrates that it can address the intent of the
23rule or mandate in a more effective, efficient, or economical
24manner or when necessary to stimulate innovation or improve
25student performance. Waivers of mandates of the School Code may
26be requested when the waivers are necessary to stimulate

SB0013- 54 -LRB100 06355 HLH 16394 b
1innovation or improve student performance. Waivers may not be
2requested from laws, rules, and regulations pertaining to
3special education, teacher educator licensure, teacher tenure
4and seniority, or Section 5-2.1 of this Code or from compliance
5with the No Child Left Behind Act of 2001 (Public Law 107-110).
6Eligible applicants may not seek a waiver or seek a
7modification of a mandate regarding the requirements for (i)
8student performance data to be a significant factor in teacher
9or principal evaluations or (ii) teachers and principals to be
10rated using the 4 categories of "excellent", "proficient",
11"needs improvement", or "unsatisfactory". On September 1,
122014, any previously authorized waiver or modification from
13such requirements shall terminate.
14 (c) Eligible applicants, as a matter of inherent managerial
15policy, and any Independent Authority established under
16Section 2-3.25f-5 of this Code may submit an application for a
17waiver or modification authorized under this Section. Each
18application must include a written request by the eligible
19applicant or Independent Authority and must demonstrate that
20the intent of the mandate can be addressed in a more effective,
21efficient, or economical manner or be based upon a specific
22plan for improved student performance and school improvement.
23Any eligible applicant requesting a waiver or modification for
24the reason that intent of the mandate can be addressed in a
25more economical manner shall include in the application a
26fiscal analysis showing current expenditures on the mandate and

SB0013- 55 -LRB100 06355 HLH 16394 b
1projected savings resulting from the waiver or modification.
2Applications and plans developed by eligible applicants must be
3approved by the board or regional superintendent of schools
4applying on behalf of schools or programs operated by the
5regional office of education following a public hearing on the
6application and plan and the opportunity for the board or
7regional superintendent to hear testimony from staff directly
8involved in its implementation, parents, and students. The time
9period for such testimony shall be separate from the time
10period established by the eligible applicant for public comment
11on other matters. If the applicant is a school district or
12joint agreement requesting a waiver or modification of Section
1327-6 of this Code, the public hearing shall be held on a day
14other than the day on which a regular meeting of the board is
15held.
16 (c-5) If the applicant is a school district, then the
17district shall post information that sets forth the time, date,
18place, and general subject matter of the public hearing on its
19Internet website at least 14 days prior to the hearing. If the
20district is requesting to increase the fee charged for driver
21education authorized pursuant to Section 27-24.2 of this Code,
22the website information shall include the proposed amount of
23the fee the district will request. All school districts must
24publish a notice of the public hearing at least 7 days prior to
25the hearing in a newspaper of general circulation within the
26school district that sets forth the time, date, place, and

SB0013- 56 -LRB100 06355 HLH 16394 b
1general subject matter of the hearing. Districts requesting to
2increase the fee charged for driver education shall include in
3the published notice the proposed amount of the fee the
4district will request. If the applicant is a joint agreement or
5regional superintendent, then the joint agreement or regional
6superintendent shall post information that sets forth the time,
7date, place, and general subject matter of the public hearing
8on its Internet website at least 14 days prior to the hearing.
9If the joint agreement or regional superintendent is requesting
10to increase the fee charged for driver education authorized
11pursuant to Section 27-24.2 of this Code, the website
12information shall include the proposed amount of the fee the
13applicant will request. All joint agreements and regional
14superintendents must publish a notice of the public hearing at
15least 7 days prior to the hearing in a newspaper of general
16circulation in each school district that is a member of the
17joint agreement or that is served by the educational service
18region that sets forth the time, date, place, and general
19subject matter of the hearing, provided that a notice appearing
20in a newspaper generally circulated in more than one school
21district shall be deemed to fulfill this requirement with
22respect to all of the affected districts. Joint agreements or
23regional superintendents requesting to increase the fee
24charged for driver education shall include in the published
25notice the proposed amount of the fee the applicant will
26request. The eligible applicant must notify in writing the

SB0013- 57 -LRB100 06355 HLH 16394 b
1affected exclusive collective bargaining agent and those State
2legislators representing the eligible applicant's territory of
3its intent to seek approval of a waiver or modification and of
4the hearing to be held to take testimony from staff. The
5affected exclusive collective bargaining agents shall be
6notified of such public hearing at least 7 days prior to the
7date of the hearing and shall be allowed to attend such public
8hearing. The eligible applicant shall attest to compliance with
9all of the notification and procedural requirements set forth
10in this Section.
11 (d) A request for a waiver or modification of
12administrative rules and regulations or for a modification of
13mandates contained in this School Code shall be submitted to
14the State Board of Education within 15 days after approval by
15the board or regional superintendent of schools. The
16application as submitted to the State Board of Education shall
17include a description of the public hearing. Except with
18respect to contracting for adaptive driver education, an
19eligible applicant wishing to request a modification or waiver
20of administrative rules of the State Board of Education
21regarding contracting with a commercial driver training school
22to provide the course of study authorized under Section 27-24.2
23of this Code must provide evidence with its application that
24the commercial driver training school with which it will
25contract holds a license issued by the Secretary of State under
26Article IV of Chapter 6 of the Illinois Vehicle Code and that

SB0013- 58 -LRB100 06355 HLH 16394 b
1each instructor employed by the commercial driver training
2school to provide instruction to students served by the school
3district holds a valid teaching certificate or teaching
4license, as applicable, issued under the requirements of this
5Code and rules of the State Board of Education. Such evidence
6must include, but need not be limited to, a list of each
7instructor assigned to teach students served by the school
8district, which list shall include the instructor's name,
9personal identification number as required by the State Board
10of Education, birth date, and driver's license number. If the
11modification or waiver is granted, then the eligible applicant
12shall notify the State Board of Education of any changes in the
13personnel providing instruction within 15 calendar days after
14an instructor leaves the program or a new instructor is hired.
15Such notification shall include the instructor's name,
16personal identification number as required by the State Board
17of Education, birth date, and driver's license number. If a
18school district maintains an Internet website, then the
19district shall post a copy of the final contract between the
20district and the commercial driver training school on the
21district's Internet website. If no Internet website exists,
22then the district shall make available the contract upon
23request. A record of all materials in relation to the
24application for contracting must be maintained by the school
25district and made available to parents and guardians upon
26request. The instructor's date of birth and driver's license

SB0013- 59 -LRB100 06355 HLH 16394 b
1number and any other personally identifying information as
2deemed by the federal Driver's Privacy Protection Act of 1994
3must be redacted from any public materials. Following receipt
4of the waiver or modification request, the State Board shall
5have 45 days to review the application and request. If the
6State Board fails to disapprove the application within that 45
7day period, the waiver or modification shall be deemed granted.
8The State Board may disapprove any request if it is not based
9upon sound educational practices, endangers the health or
10safety of students or staff, compromises equal opportunities
11for learning, or fails to demonstrate that the intent of the
12rule or mandate can be addressed in a more effective,
13efficient, or economical manner or have improved student
14performance as a primary goal. Any request disapproved by the
15State Board may be appealed to the General Assembly by the
16eligible applicant as outlined in this Section.
17 A request for a waiver from mandates contained in this
18School Code shall be submitted to the State Board within 15
19days after approval by the board or regional superintendent of
20schools. The application as submitted to the State Board of
21Education shall include a description of the public hearing.
22The description shall include, but need not be limited to, the
23means of notice, the number of people in attendance, the number
24of people who spoke as proponents or opponents of the waiver, a
25brief description of their comments, and whether there were any
26written statements submitted. The State Board shall review the

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1applications and requests for completeness and shall compile
2the requests in reports to be filed with the General Assembly.
3The State Board shall file reports outlining the waivers
4requested by eligible applicants and appeals by eligible
5applicants of requests disapproved by the State Board with the
6Senate and the House of Representatives before each March 1 and
7October 1. The General Assembly may disapprove the report of
8the State Board in whole or in part within 60 calendar days
9after each house of the General Assembly next convenes after
10the report is filed by adoption of a resolution by a record
11vote of the majority of members elected in each house. If the
12General Assembly fails to disapprove any waiver request or
13appealed request within such 60 day period, the waiver or
14modification shall be deemed granted. Any resolution adopted by
15the General Assembly disapproving a report of the State Board
16in whole or in part shall be binding on the State Board.
17 (e) An approved waiver or modification (except a waiver
18from or modification to a physical education mandate) may
19remain in effect for a period not to exceed 5 school years and
20may be renewed upon application by the eligible applicant.
21However, such waiver or modification may be changed within that
225-year period by a board or regional superintendent of schools
23applying on behalf of schools or programs operated by the
24regional office of education following the procedure as set
25forth in this Section for the initial waiver or modification
26request. If neither the State Board of Education nor the

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1General Assembly disapproves, the change is deemed granted.
2 An approved waiver from or modification to a physical
3education mandate may remain in effect for a period not to
4exceed 2 school years and may be renewed no more than 2 times
5upon application by the eligible applicant. An approved waiver
6from or modification to a physical education mandate may be
7changed within the 2-year period by the board or regional
8superintendent of schools, whichever is applicable, following
9the procedure set forth in this Section for the initial waiver
10or modification request. If neither the State Board of
11Education nor the General Assembly disapproves, the change is
12deemed granted.
13 (f) (Blank).
14(Source: P.A. 98-513, eff. 1-1-14; 98-739, eff. 7-16-14;
1598-1155, eff. 1-9-15; 99-78, eff. 7-20-15.)
16 (105 ILCS 5/10-22.34c)
17 Sec. 10-22.34c. Third party non-instructional services.
18 (a) A board of education may enter into a contract with a
19third party for non-instructional services currently performed
20by any employee or bargaining unit member or lay off those
21educational support personnel employees upon 90 days written
22notice to the affected employees, provided that:
23 (1) a contract must not be entered into and become
24 effective during the term of a collective bargaining
25 agreement, as that term is set forth in the agreement,

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1 covering any employees who perform the non-instructional
2 services;
3 (2) a contract may only take effect upon the expiration
4 of an existing collective bargaining agreement;
5 (3) any third party that submits a bid to perform the
6 non-instructional services shall provide the following:
7 (A) evidence of liability insurance in scope and
8 amount equivalent to the liability insurance provided
9 by the school board pursuant to Section 10-22.3 of this
10 Code;
11 (B) salaries or wages for the third party's
12 employees who will perform the non-instructional
13 services comparable to the salaries or wages provided
14 to school board employees who perform those services a
15 benefits package for the third party's employees who
16 will perform the non-instructional services comparable
17 to the benefits package provided to school board
18 employees who perform those services;
19 (C) a list of the number of employees who will
20 provide the non-instructional services, the job
21 classifications of those employees, and the wages the
22 third party will pay those employees;
23 (D) a minimum 3-year cost projection, using
24 generally accepted accounting principles and which the
25 third party is prohibited from increasing if the bid is
26 accepted by the school board, for each and every

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1 expenditure category and account for performing the
2 non-instructional services; if the bid is accepted,
3 the school board shall file a copy of the cost
4 projection submitted with the bid to the State Board of
5 Education;
6 (E) composite information about the criminal and
7 disciplinary records, including alcohol or other
8 substance abuse, Department of Children and Family
9 Services complaints and investigations, traffic
10 violations, and license revocations or any other
11 licensure problems, of any employees who may perform
12 the non-instructional services, provided that the
13 individual names and other identifying information of
14 employees need not be provided with the submission of
15 the bid, but must be made available upon request of the
16 school board; and
17 (F) an affidavit, notarized by the president or
18 chief executive officer of the third party, that each
19 of its employees has completed a criminal background
20 check as required by Section 10-21.9 of this Code
21 within 3 months prior to submission of the bid,
22 provided that the results of such background checks
23 need not be provided with the submission of the bid,
24 but must be made available upon request of the school
25 board;
26 (4) a contract must not be entered into unless the

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1 school board provides a cost comparison, using generally
2 accepted accounting principles, of each and every
3 expenditure category and account that the school board
4 projects it would incur over the term of the contract if it
5 continued to perform the non-instructional services using
6 its own employees with each and every expenditure category
7 and account that is projected a third party would incur if
8 a third party performed the non-instructional services;
9 (5) review and consideration of all bids by third
10 parties to perform the non-instructional services shall
11 take place in open session of a regularly scheduled school
12 board meeting, unless the exclusive bargaining
13 representative of the employees who perform the
14 non-instructional services, if any such exclusive
15 bargaining representative exists, agrees in writing that
16 such review and consideration can take place in open
17 session at a specially scheduled school board meeting;
18 (6) a minimum of one public hearing, conducted by the
19 school board prior to a regularly scheduled school board
20 meeting, to discuss the school board's proposal to contract
21 with a third party to perform the non-instructional
22 services must be held before the school board may enter
23 into such a contract; the school board must provide notice
24 to the public of the date, time, and location of the first
25 public hearing on or before the initial date that bids to
26 provide the non-instructional services are solicited or a

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1 minimum of 30 days prior to entering into such a contract,
2 whichever provides a greater period of notice;
3 (7) a contract shall contain provisions requiring the
4 contractor to offer available employee positions pursuant
5 to the contract to qualified school district employees
6 whose employment is terminated because of the contract; and
7 (8) a contract shall contain provisions requiring the
8 contractor to comply with a policy of nondiscrimination and
9 equal employment opportunity for all persons and to take
10 affirmative steps to provide equal opportunity for all
11 persons.
12 (b) Notwithstanding subsection (a) of this Section, a board
13of education may enter into a contract, of no longer than 3
14months in duration, with a third party for non-instructional
15services currently performed by an employee or bargaining unit
16member for the purpose of augmenting the current workforce in
17an emergency situation that threatens the safety or health of
18the school district's students or staff, provided that the
19school board meets all of its obligations under the Illinois
20Educational Labor Relations Act.
21 (c) The changes to this Section made by this amendatory Act
22of the 95th General Assembly are not applicable to
23non-instructional services of a school district that on the
24effective date of this amendatory Act of the 95th General
25Assembly are performed for the school district by a third
26party.

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1 (d) Beginning July 1, 2022, the State Board of Education
2shall review and analyze the cost projection information
3provided by boards of education under subparagraph (D) of
4paragraph (3) of subsection (a) of this Section and determine
5the effects that the contracts had on school districts and the
6State, including any cost savings and economic benefits. The
7State Board of Education shall complete the review and report
8its findings to the Governor and the General Assembly by
9December 31, 2022.
10 From July 1, 2022 until January 1, 2023, no board of
11education may enter into any new contract with a third party
12for non-instructional services under this Section. However,
13this prohibition shall not affect any contracts entered into
14before July 1, 2022 or renewals of contracts entered into
15before July 1, 2022.
16 Beginning January 1, 2023, boards of education are again
17allowed to enter into contracts with third parties for
18non-instructional services as provided under this Section.
19(Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
20 (105 ILCS 5/22-62 new)
21 Sec. 22-62. Discharge of unfunded mandates.
22 (a) School districts need not comply with and may discharge
23any mandate or requirement placed on school districts by this
24Code or by administrative rules adopted by the State Board of
25Education that is unfunded.

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1 (b) Subsection (a) of this Section does not apply to any of
2the following:
3 (1) Laws and rules pertaining to student health, life,
4 or safety.
5 (2) Federally required mandates, including without
6 limitation compliance with the federal Every Student
7 Succeeds Act.
8 (3) Laws and rules pertaining to civil rights and
9 protections.
10 (c) Before a school district may lawfully discharge an
11unfunded mandate under subsection (a) of this Section, it must
12hold a public hearing and referendum on the matter. The school
13district must post information that sets forth the time, date,
14place, and general subject matter of the public hearing on its
15Internet website at least 14 days prior to the hearing. The
16school district must publish a notice of the public hearing at
17least 7 days prior to the hearing in a newspaper of general
18circulation within the school district that sets forth the
19time, date, place, and general subject matter of the hearing.
20The school district must notify, in writing, the affected
21exclusive collective bargaining agent and those State
22legislators representing the affected territory of its intent
23to discharge an unfunded mandate and of the hearing to be held
24to take testimony from staff. The affected exclusive collective
25bargaining agent must be notified of the public hearing at
26least 7 days prior to the date of the hearing and must be

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1allowed to attend the hearing. The school district shall attest
2to compliance with the requirements of this subsection (c).
3 After the public hearing, the question of whether a school
4district may discharge an unfunded mandate must be submitted to
5the electors of the school district at a regular election and
6approved by a majority of the electors voting on the question.
7The school board must certify the question to the proper
8election authority. The election authority must submit the
9question at an election in accordance with the Election Code,
10which election must be at least 6 months after the public
11hearing was held. The election authority must submit the
12question in substantially the following form:
13 Shall the school board of (name of school district)
14discharge the unfunded mandate or requirement placed on the
15school district by the State concerning (description of the
16mandate or requirement)?
17The election authority must record the votes as "Yes" or "No".
18 If a majority of the electors voting on the question vote
19in the affirmative, the school board may discharge the unfunded
20mandate.
21 (d) A school board shall report each unfunded mandate it
22has discharged under this Section to the State Board of
23Education. The State Board shall compile and report this
24information to the General Assembly each year.

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1 (105 ILCS 5/27-6) (from Ch. 122, par. 27-6)
2 Sec. 27-6. Courses in physical education required; special
3activities.
4 (a) Pupils enrolled in the public schools and State
5universities engaged in preparing teachers shall be required to
6engage daily during the school day, except on block scheduled
7days for those public schools engaged in block scheduling, in
8courses of physical education for such periods as are
9compatible with the optimum growth and developmental needs of
10individuals at the various age levels except when appropriate
11excuses are submitted to the school by a pupil's parent or
12guardian or by a person licensed under the Medical Practice Act
13of 1987 and except as provided in subsection (b) of this
14Section. A school board may determine the schedule or frequency
15of physical education courses, provided that a pupil engages in
16a course of physical education for a minimum of 3 days per
17week.
18 Special activities in physical education shall be provided
19for pupils whose physical or emotional condition, as determined
20by a person licensed under the Medical Practice Act of 1987,
21prevents their participation in the courses provided for normal
22children.
23 (b) A school board is authorized to excuse pupils enrolled
24in grades 11 and 12 from engaging in physical education courses
25if those pupils request to be excused for any of the following

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1reasons: (1) for ongoing participation in an interscholastic
2athletic program; (2) to enroll in academic classes which are
3required for admission to an institution of higher learning,
4provided that failure to take such classes will result in the
5pupil being denied admission to the institution of his or her
6choice; or (3) to enroll in academic classes which are required
7for graduation from high school, provided that failure to take
8such classes will result in the pupil being unable to graduate.
9A school board may also excuse pupils in grades 9 through 12
10enrolled in a marching band program for credit from engaging in
11physical education courses if those pupils request to be
12excused for ongoing participation in such marching band
13program. A school board may also, on a case-by-case basis,
14excuse pupils in grades 9 through 12 who participate in an
15interscholastic or extracurricular athletic program from
16engaging in physical education courses. In addition, a pupil in
17any of grades 3 through 12 who is eligible for special
18education may be excused if the pupil's parent or guardian
19agrees that the pupil must utilize the time set aside for
20physical education to receive special education support and
21services or, if there is no agreement, the individualized
22education program team for the pupil determines that the pupil
23must utilize the time set aside for physical education to
24receive special education support and services, which
25agreement or determination must be made a part of the
26individualized education program. However, a pupil requiring

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1adapted physical education must receive that service in
2accordance with the individualized education program developed
3for the pupil. If requested, a school board is authorized to
4excuse a pupil from engaging in a physical education course if
5the pupil has an individualized educational program under
6Article 14 of this Code, is participating in an adaptive
7athletic program outside of the school setting, and documents
8such participation as determined by the school board. A school
9board may also excuse pupils in grades 9 through 12 enrolled in
10a Reserve Officer's Training Corps (ROTC) program sponsored by
11the school district from engaging in physical education
12courses. School boards which choose to exercise this authority
13shall establish a policy to excuse pupils on an individual
14basis.
15 (c) The provisions of this Section are subject to the
16provisions of Section 27-22.05.
17(Source: P.A. 98-116, eff. 7-29-13.)
18 (105 ILCS 5/27-7) (from Ch. 122, par. 27-7)
19 Sec. 27-7. Physical education course of study. A physical
20education course of study shall include a developmentally
21planned and sequential curriculum that fosters the development
22of movement skills, enhances health-related fitness, increases
23students' knowledge, offers direct opportunities to learn how
24to work cooperatively in a group setting, and encourages
25healthy habits and attitudes for a healthy lifestyle. A

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1physical education course of study shall provide students with
2an opportunity for an appropriate amount of daily physical
3activity. A physical education course of study must be part of
4the regular school curriculum and not extra-curricular in
5nature or organization.
6 The State Board of Education shall prepare and make
7available guidelines for the various grades and types of
8schools in order to make effective the purposes set forth in
9this section and the requirements provided in Section 27-6, and
10shall see that the general provisions and intent of Sections
1127-5 to 27-9, inclusive, are enforced.
12(Source: P.A. 94-189, eff. 7-12-05; 94-200, eff. 7-12-05.)
13 (105 ILCS 5/27-24.2) (from Ch. 122, par. 27-24.2)
14 Sec. 27-24.2. Safety education; driver education course.
15Instruction shall be given in safety education in each of
16grades one through 8, equivalent to one class period each week,
17and any school district which maintains grades 9 through 12
18shall offer a driver education course in any such school which
19it operates. Its curriculum shall include content dealing with
20Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code,
21the rules adopted pursuant to those Chapters insofar as they
22pertain to the operation of motor vehicles, and the portions of
23the Litter Control Act relating to the operation of motor
24vehicles. The course of instruction given in grades 10 through
2512 shall include an emphasis on the development of knowledge,

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1attitudes, habits, and skills necessary for the safe operation
2of motor vehicles, including motorcycles insofar as they can be
3taught in the classroom, and instruction on distracted driving
4as a major traffic safety issue. In addition, the course shall
5include instruction on special hazards existing at and required
6safety and driving precautions that must be observed at
7emergency situations, highway construction and maintenance
8zones, and railroad crossings and the approaches thereto.
9Beginning with the 2017-2018 school year, the course shall also
10include instruction concerning law enforcement procedures for
11traffic stops, including a demonstration of the proper actions
12to be taken during a traffic stop and appropriate interactions
13with law enforcement. The course of instruction required of
14each eligible student at the high school level shall consist of
15a minimum of 30 clock hours of classroom instruction and a
16minimum of 6 clock hours of individual behind-the-wheel
17instruction in a dual control car on public roadways taught by
18a driver education instructor endorsed by the State Board of
19Education. Both the classroom instruction part and the practice
20driving part of such driver education course shall be open to a
21resident or non-resident student attending a non-public school
22in the district wherein the course is offered. Each student
23attending any public or non-public high school in the district
24must receive a passing grade in at least 8 courses during the
25previous 2 semesters prior to enrolling in a driver education
26course, or the student shall not be permitted to enroll in the

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1course; provided that the local superintendent of schools (with
2respect to a student attending a public high school in the
3district) or chief school administrator (with respect to a
4student attending a non-public high school in the district) may
5waive the requirement if the superintendent or chief school
6administrator, as the case may be, deems it to be in the best
7interest of the student. A student may be allowed to commence
8the classroom instruction part of such driver education course
9prior to reaching age 15 if such student then will be eligible
10to complete the entire course within 12 months after being
11allowed to commence such classroom instruction.
12 A school district may offer a driver education course in a
13school by contracting with a commercial driver training school
14to provide both the classroom instruction part and the practice
15driving part or either one without having to request a
16modification or waiver of administrative rules of the State
17Board of Education if a public hearing on whether to enter into
18a contract with a commercial driver training school has been
19held at a regular or special school board meeting prior to
20entering into such a contract. If a school district chooses to
21contract with a commercial driver training school, then the
22district must provide evidence to the State Board of Education
23that the commercial driver training school with which it will
24contract holds a license issued by the Secretary of State under
25Article IV of Chapter 6 of the Illinois Vehicle Code and that
26each instructor employed by the commercial driver training

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1school to provide instruction to students served by the school
2district holds a valid teaching license issued under the
3requirements of this Code and rules of the State Board of
4Education. Such evidence must include, but need not be limited
5to, a list of each instructor assigned to teach students served
6by the school district, which list shall include the
7instructor's name, personal identification number as required
8by the State Board of Education, birth date, and driver's
9license number. Once the contract is entered into, the school
10district shall notify the State Board of Education of any
11changes in the personnel providing instruction within 15
12calendar days after an instructor leaves the program or a new
13instructor is hired. Such notification shall include the
14instructor's name, personal identification number as required
15by the State Board of Education, birth date, and driver's
16license number. If the school district maintains an Internet
17website, then the district shall post a copy of the final
18contract between the district and the commercial driver
19training school on the district's Internet website. If no
20Internet website exists, then the school district shall make
21available the contract upon request. A record of all materials
22in relation to the contract must be maintained by the school
23district and made available to parents and guardians upon
24request. The instructor's date of birth and driver's license
25number and any other personally identifying information as
26deemed by the federal Driver's Privacy Protection Act of 1994

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1must be redacted from any public materials.
2 Such a course may be commenced immediately after the
3completion of a prior course. Teachers of such courses shall
4meet the licensure certification requirements of this Code Act
5and regulations of the State Board as to qualifications.
6 Subject to rules of the State Board of Education, the
7school district may charge a reasonable fee, not to exceed $50,
8to students who participate in the course, unless a student is
9unable to pay for such a course, in which event the fee for
10such a student must be waived. However, the district may
11increase this fee to an amount not to exceed $250 by school
12board resolution following a public hearing on the increase,
13which increased fee must be waived for students who participate
14in the course and are unable to pay for the course. The total
15amount from driver education fees and reimbursement from the
16State for driver education must not exceed the total cost of
17the driver education program in any year and must be deposited
18into the school district's driver education fund as a separate
19line item budget entry. All moneys deposited into the school
20district's driver education fund must be used solely for the
21funding of a high school driver education program approved by
22the State Board of Education that uses driver education
23instructors endorsed by the State Board of Education.
24(Source: P.A. 99-642, eff. 7-28-16; 99-720, eff. 1-1-17.)
25 (105 ILCS 5/22-60 rep.)

SB0013- 77 -LRB100 06355 HLH 16394 b
1 Section 15. The School Code is amended by repealing Section
222-60.
3 Section 95. No acceleration or delay. Where this Act makes
4changes in a statute that is represented in this Act by text
5that is not yet or no longer in effect (for example, a Section
6represented by multiple versions), the use of that text does
7not accelerate or delay the taking effect of (i) the changes
8made by this Act or (ii) provisions derived from any other
9Public Act.
10 Section 99. Effective date. This Act takes effect upon
11becoming law, but this Act does not take effect at all unless
12Senate Bills 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of the
13100th General Assembly become law.

SB0013- 78 -LRB100 06355 HLH 16394 b
1 INDEX
2 Statutes amended in order of appearance