Bill Text: IL SB0482 | 2017-2018 | 100th General Assembly | Engrossed


Bill Title: Amends the Gas Revenue Tax Act. Makes a technical change in a Section concerning the short title.

Spectrum: Partisan Bill (Democrat 2-0)

Status: (Engrossed) 2017-08-23 - House Committee Amendment No. 1 Referred to Rules Committee [SB0482 Detail]

Download: Illinois-2017-SB0482-Engrossed.html



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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 levy
20years 2017 and 2018 only, for taxing districts other than
21school districts, "extension limitation" means 0% or the rate
22of increase approved by the voters under Section 18-205. For
23levy years 2017 and 2018, if a special purpose extension (i)

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1made for the payment of principal and interest on bonds or
2other evidences of indebtedness issued by the taxing district
3or (ii) made for contributions to a pension fund created under
4the Illinois Pension Code was required to be included in a
5school district's aggregate extension for the 2016 levy year,
6then the extension limitation for those extensions for levy
7years 2017 and 2018 shall be (1) the lesser of 5% or the
8percentage increase in the Consumer Price Index during the
912-month calendar year preceding the levy year or (2) the rate
10of increase approved by voters under Section 18-205. For levy
11years 2017 and 2018, for school districts that were subject to
12this Law in the 2016 levy year, "extension limitation" means
13(1) the lesser of 5% or the percentage increase in the Consumer
14Price Index during the 12-month calendar year preceding the
15levy year or (2) the rate of increase approved by voters under
16Section 18-205.
17 "Affected county" means a county of 3,000,000 or more
18inhabitants or a county contiguous to a county of 3,000,000 or
19more inhabitants.
20 "Taxing district" has the same meaning provided in Section
211-150, except as otherwise provided in this Section. For the
221991 through 1994 levy years only, "taxing district" includes
23only each non-home rule taxing district having the majority of
24its 1990 equalized assessed value within any county or counties
25contiguous to a county with 3,000,000 or more inhabitants.
26Beginning with the 1995 levy year, "taxing district" includes

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1only each non-home rule taxing district subject to this Law
2before the 1995 levy year and each non-home rule taxing
3district not subject to this Law before the 1995 levy year
4having the majority of its 1994 equalized assessed value in an
5affected county or counties. Beginning with the levy year in
6which this Law becomes applicable to a taxing district as
7provided in Section 18-213, "taxing district" also includes
8those taxing districts made subject to this Law as provided in
9Section 18-213. For levy years 2017 and 2018, "taxing district"
10has the same meaning provided in Section 1-150, and includes
11home rule units, but does not include the City of Chicago or
12school districts that were not subject to this Law in the 2016
13levy year.
14 "Aggregate extension" for taxing districts to which this
15Law applied before the 1995 levy year means, except with
16respect to levy years 2017 and 2018, the annual corporate
17extension for the taxing district and those special purpose
18extensions that are made annually for the taxing district,
19excluding special purpose extensions: (a) made for the taxing
20district to pay interest or principal on general obligation
21bonds that were approved by referendum; (b) made for any taxing
22district to pay interest or principal on general obligation
23bonds issued before October 1, 1991; (c) made for any taxing
24district to pay interest or principal on bonds issued to refund
25or continue to refund those bonds issued before October 1,
261991; (d) made for any taxing district to pay interest or

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1principal on bonds issued to refund or continue to refund bonds
2issued after October 1, 1991 that were approved by referendum;
3(e) made for any taxing district to pay interest or principal
4on revenue bonds issued before October 1, 1991 for payment of
5which a property tax levy or the full faith and credit of the
6unit of local government is pledged; however, a tax for the
7payment of interest or principal on those bonds shall be made
8only after the governing body of the unit of local government
9finds that all other sources for payment are insufficient to
10make those payments; (f) made for payments under a building
11commission lease when the lease payments are for the retirement
12of bonds issued by the commission before October 1, 1991, to
13pay for the building project; (g) made for payments due under
14installment contracts entered into before October 1, 1991; (h)
15made for payments of principal and interest on bonds issued
16under the Metropolitan Water Reclamation District Act to
17finance construction projects initiated before October 1,
181991; (i) made for payments of principal and interest on
19limited bonds, as defined in Section 3 of the Local Government
20Debt Reform Act, in an amount not to exceed the debt service
21extension base less the amount in items (b), (c), (e), and (h)
22of this definition for non-referendum obligations, except
23obligations initially issued pursuant to referendum; (j) made
24for payments of principal and interest on bonds issued under
25Section 15 of the Local Government Debt Reform Act; (k) made by
26a school district that participates in the Special Education

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1District of Lake County, created by special education joint
2agreement under Section 10-22.31 of the School Code, for
3payment of the school district's share of the amounts required
4to be contributed by the Special Education District of Lake
5County to the Illinois Municipal Retirement Fund under Article
67 of the Illinois Pension Code; the amount of any extension
7under this item (k) shall be certified by the school district
8to the county clerk; (l) made to fund expenses of providing
9joint recreational programs for persons with disabilities
10under Section 5-8 of the Park District Code or Section 11-95-14
11of the Illinois Municipal Code; (m) made for temporary
12relocation loan repayment purposes pursuant to Sections 2-3.77
13and 17-2.2d of the School Code; (n) made for payment of
14principal and interest on any bonds issued under the authority
15of Section 17-2.2d of the School Code; (o) made for
16contributions to a firefighter's pension fund created under
17Article 4 of the Illinois Pension Code, to the extent of the
18amount certified under item (5) of Section 4-134 of the
19Illinois Pension Code; and (p) made for road purposes in the
20first year after a township assumes the rights, powers, duties,
21assets, property, liabilities, obligations, and
22responsibilities of a road district abolished under the
23provisions of Section 6-133 of the Illinois Highway Code. For
24levy years 2017 and 2018, this definition of "aggregate
25extension" applies to each school district that was subject to
26this definition of "aggregate extension" for the 2016 levy

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1year.
2 "Aggregate extension" for the taxing districts to which
3this Law did not apply before the 1995 levy year (except taxing
4districts subject to this Law in accordance with Section
518-213) means, except with respect to levy years 2017 and 2018,
6the annual corporate extension for the taxing district and
7those special purpose extensions that are made annually for the
8taxing district, excluding special purpose extensions: (a)
9made for the taxing district to pay interest or principal on
10general obligation bonds that were approved by referendum; (b)
11made for any taxing district to pay interest or principal on
12general obligation bonds issued before March 1, 1995; (c) made
13for any taxing district to pay interest or principal on bonds
14issued to refund or continue to refund those bonds issued
15before March 1, 1995; (d) made for any taxing district to pay
16interest or principal on bonds issued to refund or continue to
17refund bonds issued after March 1, 1995 that were approved by
18referendum; (e) made for any taxing district to pay interest or
19principal on revenue bonds issued before March 1, 1995 for
20payment of which a property tax levy or the full faith and
21credit of the unit of local government is pledged; however, a
22tax for the payment of interest or principal on those bonds
23shall be made only after the governing body of the unit of
24local government finds that all other sources for payment are
25insufficient to make those payments; (f) made for payments
26under a building commission lease when the lease payments are

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1for the retirement of bonds issued by the commission before
2March 1, 1995 to pay for the building project; (g) made for
3payments due under installment contracts entered into before
4March 1, 1995; (h) made for payments of principal and interest
5on bonds issued under the Metropolitan Water Reclamation
6District Act to finance construction projects initiated before
7October 1, 1991; (h-4) made for stormwater management purposes
8by the Metropolitan Water Reclamation District of Greater
9Chicago under Section 12 of the Metropolitan Water Reclamation
10District Act; (i) made for payments of principal and interest
11on limited bonds, as defined in Section 3 of the Local
12Government Debt Reform Act, in an amount not to exceed the debt
13service extension base less the amount in items (b), (c), and
14(e) of this definition for non-referendum obligations, except
15obligations initially issued pursuant to referendum and bonds
16described in subsection (h) of this definition; (j) made for
17payments of principal and interest on bonds issued under
18Section 15 of the Local Government Debt Reform Act; (k) made
19for payments of principal and interest on bonds authorized by
20Public Act 88-503 and issued under Section 20a of the Chicago
21Park District Act for aquarium or museum projects; (l) made for
22payments of principal and interest on bonds authorized by
23Public Act 87-1191 or 93-601 and (i) issued pursuant to Section
2421.2 of the Cook County Forest Preserve District Act, (ii)
25issued under Section 42 of the Cook County Forest Preserve
26District Act for zoological park projects, or (iii) issued

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1under Section 44.1 of the Cook County Forest Preserve District
2Act for botanical gardens projects; (m) made pursuant to
3Section 34-53.5 of the School Code, whether levied annually or
4not; (n) made to fund expenses of providing joint recreational
5programs for persons with disabilities under Section 5-8 of the
6Park District Code or Section 11-95-14 of the Illinois
7Municipal Code; (o) made by the Chicago Park District for
8recreational programs for persons with disabilities under
9subsection (c) of Section 7.06 of the Chicago Park District
10Act; (p) made for contributions to a firefighter's pension fund
11created under Article 4 of the Illinois Pension Code, to the
12extent of the amount certified under item (5) of Section 4-134
13of the Illinois Pension Code; and (q) made by Ford Heights
14School District 169 under Section 17-9.02 of the School Code.
15For levy years 2017 and 2018, this definition of "aggregate
16extension" applies to each school district that was subject to
17this definition of "aggregate extension" for the 2016 levy
18year.
19 "Aggregate extension" for all taxing districts to which
20this Law applies in accordance with Section 18-213, except for
21those taxing districts subject to paragraph (2) of subsection
22(e) of Section 18-213, means, except with respect to levy years
232017 and 2018, the annual corporate extension for the taxing
24district and those special purpose extensions that are made
25annually for the taxing district, excluding special purpose
26extensions: (a) made for the taxing district to pay interest or

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

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

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1principal on general obligation bonds issued pursuant to
2Section 19-3.10 of the School Code. For levy years 2017 and
32018, this definition of "aggregate extension" applies to each
4school district that was subject to this definition of
5"aggregate extension" for the 2016 levy year.
6 "Aggregate extension" for all taxing districts to which
7this Law applies in accordance with paragraph (2) of subsection
8(e) of Section 18-213 means, except with respect to levy years
92017 and 2018, the annual corporate extension for the taxing
10district and those special purpose extensions that are made
11annually for the taxing district, excluding special purpose
12extensions: (a) made for the taxing district to pay interest or
13principal on general obligation bonds that were approved by
14referendum; (b) made for any taxing district to pay interest or
15principal on general obligation bonds issued before the
16effective date of this amendatory Act of 1997; (c) made for any
17taxing district to pay interest or principal on bonds issued to
18refund or continue to refund those bonds issued before the
19effective date of this amendatory Act of 1997; (d) made for any
20taxing district to pay interest or principal on bonds issued to
21refund or continue to refund bonds issued after the effective
22date of this amendatory Act of 1997 if the bonds were approved
23by referendum after the effective date of this amendatory Act
24of 1997; (e) made for any taxing district to pay interest or
25principal on revenue bonds issued before the effective date of
26this amendatory Act of 1997 for payment of which a property tax

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

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1recreational programs for persons with disabilities under
2Section 5-8 of the Park District Code or Section 11-95-14 of
3the Illinois Municipal Code; and (l) made for contributions to
4a firefighter's pension fund created under Article 4 of the
5Illinois Pension Code, to the extent of the amount certified
6under item (5) of Section 4-134 of the Illinois Pension Code.
7For levy years 2017 and 2018, this definition of "aggregate
8extension" applies to each school district that was subject to
9this definition of "aggregate extension" for the 2016 levy
10year.
11 "Aggregate extension", except with respect to school
12districts, for levy years 2017 and 2018, means the annual
13corporate extension for the taxing district and those special
14purpose extensions that are made annually for the taxing
15district, excluding special purpose extensions: (a) made for
16the payment of principal and interest on bonds or other
17evidences of indebtedness issued by the taxing district; or (b)
18made for contributions to a pension fund created under the
19Illinois Pension Code. Notwithstanding the provisions of this
20definition of "aggregate extension", if a special purpose
21extension (i) made for the payment of principal and interest on
22bonds or other evidences of indebtedness issued by the taxing
23district or (ii) made for contributions to a pension fund
24created under the Illinois Pension Code was required to be
25included in a taxing district's aggregate extension for the
262016 levy year, then that special purpose extension is also

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1included in the taxing district's aggregate extension for levy
2years 2017 and 2018; provided that the extension limitation for
3those extensions for levy years 2017 and 2018 shall be (1) the
4lesser of 5% or the percentage increase in the Consumer Price
5Index during the 12-month calendar year preceding the levy year
6or (2) the rate of increase approved by voters under Section
718-205.
8 "Debt service extension base" means an amount equal to that
9portion of the extension for a taxing district for the 1994
10levy year, or for those taxing districts subject to this Law in
11accordance with Section 18-213, except for those subject to
12paragraph (2) of subsection (e) of Section 18-213, for the levy
13year in which the referendum making this Law applicable to the
14taxing district is held, or for those taxing districts subject
15to this Law in accordance with paragraph (2) of subsection (e)
16of Section 18-213 for the 1996 levy year, or for those taxing
17districts that become subject to this Law as a result of this
18amendatory Act of the 100th General Assembly for the 2016 levy
19year, constituting an extension for payment of principal and
20interest on bonds issued by the taxing district without
21referendum, but not including excluded non-referendum bonds.
22For park districts (i) that were first subject to this Law in
231991 or 1995 and (ii) whose extension for the 1994 levy year
24for the payment of principal and interest on bonds issued by
25the park district without referendum (but not including
26excluded non-referendum bonds) was less than 51% of the amount

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1for the 1991 levy year constituting an extension for payment of
2principal and interest on bonds issued by the park district
3without referendum (but not including excluded non-referendum
4bonds), "debt service extension base" means an amount equal to
5that portion of the extension for the 1991 levy year
6constituting an extension for payment of principal and interest
7on bonds issued by the park district without referendum (but
8not including excluded non-referendum bonds). A debt service
9extension base established or increased at any time pursuant to
10any provision of this Law, except Section 18-212, shall be
11increased each year commencing with the later of (i) the 2009
12levy year or (ii) the first levy year in which this Law becomes
13applicable to the taxing district, by the lesser of 5% or the
14percentage increase in the Consumer Price Index during the
1512-month calendar year preceding the levy year. The debt
16service extension base may be established or increased as
17provided under Section 18-212. "Excluded non-referendum bonds"
18means (i) bonds authorized by Public Act 88-503 and issued
19under Section 20a of the Chicago Park District Act for aquarium
20and museum projects; (ii) bonds issued under Section 15 of the
21Local Government Debt Reform Act; or (iii) refunding
22obligations issued to refund or to continue to refund
23obligations initially issued pursuant to referendum.
24 "Special purpose extensions" include, but are not limited
25to, extensions for levies made on an annual basis for
26unemployment and workers' compensation, self-insurance,

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1contributions to pension plans, and extensions made pursuant to
2Section 6-601 of the Illinois Highway Code for a road
3district's permanent road fund whether levied annually or not.
4The extension for a special service area is not included in the
5aggregate extension.
6 "Aggregate extension base" means the taxing district's
7last preceding aggregate extension as adjusted under Sections
818-135, 18-215, and 18-230. An adjustment under Section 18-135
9shall be made for the 2007 levy year and all subsequent levy
10years whenever one or more counties within which a taxing
11district is located (i) used estimated valuations or rates when
12extending taxes in the taxing district for the last preceding
13levy year that resulted in the over or under extension of
14taxes, or (ii) increased or decreased the tax extension for the
15last preceding levy year as required by Section 18-135(c).
16Whenever an adjustment is required under Section 18-135, the
17aggregate extension base of the taxing district shall be equal
18to the amount that the aggregate extension of the taxing
19district would have been for the last preceding levy year if
20either or both (i) actual, rather than estimated, valuations or
21rates had been used to calculate the extension of taxes for the
22last levy year, or (ii) the tax extension for the last
23preceding levy year had not been adjusted as required by
24subsection (c) of Section 18-135. In the case of a home rule
25taxing district, the aggregate extension base for 2017 shall
26not include any amounts included in that taxing district's

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1annual corporate extension for the 2016 levy year and expended
2for (i) the payment of principal and interest on bonds or other
3evidences of indebtedness issued by the home rule unit or (ii)
4contributions to a pension fund created under the Illinois
5Pension Code, and any special purpose extensions made by a home
6rule unit for those purposes in levy year 2017 or 2018 are not
7included in the district's aggregate extension and shall not be
8subject to the limitations of this Law.
9 Notwithstanding any other provision of law, for levy year
102012, the aggregate extension base for West Northfield School
11District No. 31 in Cook County shall be $12,654,592.
12 "Levy year" has the same meaning as "year" under Section
131-155.
14 "New property" means (i) the assessed value, after final
15board of review or board of appeals action, of new improvements
16or additions to existing improvements on any parcel of real
17property that increase the assessed value of that real property
18during the levy year multiplied by the equalization factor
19issued by the Department under Section 17-30, (ii) the assessed
20value, after final board of review or board of appeals action,
21of real property not exempt from real estate taxation, which
22real property was exempt from real estate taxation for any
23portion of the immediately preceding levy year, multiplied by
24the equalization factor issued by the Department under Section
2517-30, including the assessed value, upon final stabilization
26of occupancy after new construction is complete, of any real

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

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

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

SB0482 Engrossed- 21 -LRB100 05146 HLH 15156 b
1case may be, or (ii) in the case of a limiting rate increase,
2the limiting rate shall be equal to the rate set forth in the
3proposition approved by the voters for each of the years
4specified in the proposition, after which the limiting rate of
5the taxing district shall be calculated as otherwise provided.
6In the case of a taxing district that obtained referendum
7approval for an increased limiting rate on March 20, 2012, the
8limiting rate for tax year 2012 shall be the rate that
9generates the approximate total amount of taxes extendable for
10that tax year, as set forth in the proposition approved by the
11voters; this rate shall be the final rate applied by the county
12clerk for the aggregate of all capped funds of the district for
13tax year 2012.
14(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,
15eff. 7-27-15.)
16 (Text of Section after amendment by P.A. 99-521)
17 Sec. 18-185. Short title; definitions. This Division 5 may
18be cited as the Property Tax Extension Limitation Law. As used
19in this Division 5:
20 "Consumer Price Index" means the Consumer Price Index for
21All Urban Consumers for all items published by the United
22States Department of Labor.
23 "Extension limitation", except as otherwise provided in
24this paragraph, means (a) the lesser of 5% or the percentage
25increase in the Consumer Price Index during the 12-month

SB0482 Engrossed- 22 -LRB100 05146 HLH 15156 b
1calendar year preceding the levy year or (b) the rate of
2increase approved by voters under Section 18-205. For levy
3years 2017 and 2018 only, for taxing districts other than
4school districts, "extension limitation" means 0% or the rate
5of increase approved by the voters under Section 18-205. For
6levy years 2017 and 2018, if a special purpose extension (i)
7made for the payment of principal and interest on bonds or
8other evidences of indebtedness issued by the taxing district
9or (ii) made for contributions to a pension fund created under
10the Illinois Pension Code was required to be included in a
11school district's aggregate extension for the 2016 levy year,
12then the extension limitation for those extensions for levy
13years 2017 and 2018 shall be (1) the lesser of 5% or the
14percentage increase in the Consumer Price Index during the
1512-month calendar year preceding the levy year or (2) the rate
16of increase approved by voters under Section 18-205. For levy
17years 2017 and 2018, for school districts that were subject to
18this Law in the 2016 levy year, "extension limitation" means
19(1) the lesser of 5% or the percentage increase in the Consumer
20Price Index during the 12-month calendar year preceding the
21levy year or (2) the rate of increase approved by voters under
22Section 18-205.
23 "Affected county" means a county of 3,000,000 or more
24inhabitants or a county contiguous to a county of 3,000,000 or
25more inhabitants.
26 "Taxing district" has the same meaning provided in Section

SB0482 Engrossed- 23 -LRB100 05146 HLH 15156 b
11-150, except as otherwise provided in this Section. For the
21991 through 1994 levy years only, "taxing district" includes
3only each non-home rule taxing district having the majority of
4its 1990 equalized assessed value within any county or counties
5contiguous to a county with 3,000,000 or more inhabitants.
6Beginning with the 1995 levy year, "taxing district" includes
7only each non-home rule taxing district subject to this Law
8before the 1995 levy year and each non-home rule taxing
9district not subject to this Law before the 1995 levy year
10having the majority of its 1994 equalized assessed value in an
11affected county or counties. Beginning with the levy year in
12which this Law becomes applicable to a taxing district as
13provided in Section 18-213, "taxing district" also includes
14those taxing districts made subject to this Law as provided in
15Section 18-213. For levy years 2017 and 2018, "taxing district"
16has the same meaning provided in Section 1-150, and includes
17home rule units, but does not include the City of Chicago or
18school districts that were not subject to this Law in the 2016
19levy year.
20 "Aggregate extension" for taxing districts to which this
21Law applied before the 1995 levy year means, except with
22respect to levy years 2017 and 2018, the annual corporate
23extension for the taxing district and those special purpose
24extensions that are made annually for the taxing district,
25excluding special purpose extensions: (a) made for the taxing
26district to pay interest or principal on general obligation

SB0482 Engrossed- 24 -LRB100 05146 HLH 15156 b
1bonds that were approved by referendum; (b) made for any taxing
2district to pay interest or principal on general obligation
3bonds issued before October 1, 1991; (c) made for any taxing
4district to pay interest or principal on bonds issued to refund
5or continue to refund those bonds issued before October 1,
61991; (d) made for any taxing district to pay interest or
7principal on bonds issued to refund or continue to refund bonds
8issued after October 1, 1991 that were approved by referendum;
9(e) made for any taxing district to pay interest or principal
10on revenue bonds issued before October 1, 1991 for payment of
11which a property tax levy or the full faith and credit of the
12unit of local government is pledged; however, a tax for the
13payment of interest or principal on those bonds shall be made
14only after the governing body of the unit of local government
15finds that all other sources for payment are insufficient to
16make those payments; (f) made for payments under a building
17commission lease when the lease payments are for the retirement
18of bonds issued by the commission before October 1, 1991, to
19pay for the building project; (g) made for payments due under
20installment contracts entered into before October 1, 1991; (h)
21made for payments of principal and interest on bonds issued
22under the Metropolitan Water Reclamation District Act to
23finance construction projects initiated before October 1,
241991; (i) made for payments of principal and interest on
25limited bonds, as defined in Section 3 of the Local Government
26Debt Reform Act, in an amount not to exceed the debt service

SB0482 Engrossed- 25 -LRB100 05146 HLH 15156 b
1extension base less the amount in items (b), (c), (e), and (h)
2of this definition for non-referendum obligations, except
3obligations initially issued pursuant to referendum; (j) made
4for payments of principal and interest on bonds issued under
5Section 15 of the Local Government Debt Reform Act; (k) made by
6a school district that participates in the Special Education
7District of Lake County, created by special education joint
8agreement under Section 10-22.31 of the School Code, for
9payment of the school district's share of the amounts required
10to be contributed by the Special Education District of Lake
11County to the Illinois Municipal Retirement Fund under Article
127 of the Illinois Pension Code; the amount of any extension
13under this item (k) shall be certified by the school district
14to the county clerk; (l) made to fund expenses of providing
15joint recreational programs for persons with disabilities
16under Section 5-8 of the Park District Code or Section 11-95-14
17of the Illinois Municipal Code; (m) made for temporary
18relocation loan repayment purposes pursuant to Sections 2-3.77
19and 17-2.2d of the School Code; (n) made for payment of
20principal and interest on any bonds issued under the authority
21of Section 17-2.2d of the School Code; (o) made for
22contributions to a firefighter's pension fund created under
23Article 4 of the Illinois Pension Code, to the extent of the
24amount certified under item (5) of Section 4-134 of the
25Illinois Pension Code; and (p) made for road purposes in the
26first year after a township assumes the rights, powers, duties,

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1assets, property, liabilities, obligations, and
2responsibilities of a road district abolished under the
3provisions of Section 6-133 of the Illinois Highway Code. For
4levy years 2017 and 2018, this definition of "aggregate
5extension" applies to each school district that was subject to
6this definition of "aggregate extension" for the 2016 levy
7year.
8 "Aggregate extension" for the taxing districts to which
9this Law did not apply before the 1995 levy year (except taxing
10districts subject to this Law in accordance with Section
1118-213) means, except with respect to levy years 2017 and 2018,
12the annual corporate extension for the taxing district and
13those special purpose extensions that are made annually for the
14taxing district, excluding special purpose extensions: (a)
15made for the taxing district to pay interest or principal on
16general obligation bonds that were approved by referendum; (b)
17made for any taxing district to pay interest or principal on
18general obligation bonds issued before March 1, 1995; (c) made
19for any taxing district to pay interest or principal on bonds
20issued to refund or continue to refund those bonds issued
21before March 1, 1995; (d) made for any taxing district to pay
22interest or principal on bonds issued to refund or continue to
23refund bonds issued after March 1, 1995 that were approved by
24referendum; (e) made for any taxing district to pay interest or
25principal on revenue bonds issued before March 1, 1995 for
26payment of which a property tax levy or the full faith and

SB0482 Engrossed- 27 -LRB100 05146 HLH 15156 b
1credit of the unit of local government is pledged; however, a
2tax for the payment of interest or principal on those bonds
3shall be made only after the governing body of the unit of
4local government finds that all other sources for payment are
5insufficient to make those payments; (f) made for payments
6under a building commission lease when the lease payments are
7for the retirement of bonds issued by the commission before
8March 1, 1995 to pay for the building project; (g) made for
9payments due under installment contracts entered into before
10March 1, 1995; (h) made for payments of principal and interest
11on bonds issued under the Metropolitan Water Reclamation
12District Act to finance construction projects initiated before
13October 1, 1991; (h-4) made for stormwater management purposes
14by the Metropolitan Water Reclamation District of Greater
15Chicago under Section 12 of the Metropolitan Water Reclamation
16District Act; (i) made for payments of principal and interest
17on limited bonds, as defined in Section 3 of the Local
18Government Debt Reform Act, in an amount not to exceed the debt
19service extension base less the amount in items (b), (c), and
20(e) of this definition for non-referendum obligations, except
21obligations initially issued pursuant to referendum and bonds
22described in subsection (h) of this definition; (j) made for
23payments of principal and interest on bonds issued under
24Section 15 of the Local Government Debt Reform Act; (k) made
25for payments of principal and interest on bonds authorized by
26Public Act 88-503 and issued under Section 20a of the Chicago

SB0482 Engrossed- 28 -LRB100 05146 HLH 15156 b
1Park District Act for aquarium or museum projects; (l) made for
2payments of principal and interest on bonds authorized by
3Public Act 87-1191 or 93-601 and (i) issued pursuant to Section
421.2 of the Cook County Forest Preserve District Act, (ii)
5issued under Section 42 of the Cook County Forest Preserve
6District Act for zoological park projects, or (iii) issued
7under Section 44.1 of the Cook County Forest Preserve District
8Act for botanical gardens projects; (m) made pursuant to
9Section 34-53.5 of the School Code, whether levied annually or
10not; (n) made to fund expenses of providing joint recreational
11programs for persons with disabilities under Section 5-8 of the
12Park District Code or Section 11-95-14 of the Illinois
13Municipal Code; (o) made by the Chicago Park District for
14recreational programs for persons with disabilities under
15subsection (c) of Section 7.06 of the Chicago Park District
16Act; (p) made for contributions to a firefighter's pension fund
17created under Article 4 of the Illinois Pension Code, to the
18extent of the amount certified under item (5) of Section 4-134
19of the Illinois Pension Code; (q) made by Ford Heights School
20District 169 under Section 17-9.02 of the School Code; and (r)
21made for the purpose of making employer contributions to the
22Public School Teachers' Pension and Retirement Fund of Chicago
23under Section 34-53 of the School Code. For levy years 2017 and
242018, this definition of "aggregate extension" applies to each
25school district that was subject to this definition of
26"aggregate extension" for the 2016 levy year.

SB0482 Engrossed- 29 -LRB100 05146 HLH 15156 b
1 "Aggregate extension" for all taxing districts to which
2this Law applies in accordance with Section 18-213, except for
3those taxing districts subject to paragraph (2) of subsection
4(e) of Section 18-213, means, except with respect to levy years
52017 and 2018, the annual corporate extension for the taxing
6district and those special purpose extensions that are made
7annually for the taxing district, excluding special purpose
8extensions: (a) made for the taxing district to pay interest or
9principal on general obligation bonds that were approved by
10referendum; (b) made for any taxing district to pay interest or
11principal on general obligation bonds issued before the date on
12which the referendum making this Law applicable to the taxing
13district is held; (c) made for any taxing district to pay
14interest or principal on bonds issued to refund or continue to
15refund those bonds issued before the date on which the
16referendum making this Law applicable to the taxing district is
17held; (d) made for any taxing district to pay interest or
18principal on bonds issued to refund or continue to refund bonds
19issued after the date on which the referendum making this Law
20applicable to the taxing district is held if the bonds were
21approved by referendum after the date on which the referendum
22making this Law applicable to the taxing district is held; (e)
23made for any taxing district to pay interest or principal on
24revenue bonds issued before the date on which the referendum
25making this Law applicable to the taxing district is held for
26payment of which a property tax levy or the full faith and

SB0482 Engrossed- 30 -LRB100 05146 HLH 15156 b
1credit of the unit of local government is pledged; however, a
2tax for the payment of interest or principal on those bonds
3shall be made only after the governing body of the unit of
4local government finds that all other sources for payment are
5insufficient to make those payments; (f) made for payments
6under a building commission lease when the lease payments are
7for the retirement of bonds issued by the commission before the
8date on which the referendum making this Law applicable to the
9taxing district is held to pay for the building project; (g)
10made for payments due under installment contracts entered into
11before the date on which the referendum making this Law
12applicable to the taxing district is held; (h) made for
13payments of principal and interest on limited bonds, as defined
14in Section 3 of the Local Government Debt Reform Act, in an
15amount not to exceed the debt service extension base less the
16amount in items (b), (c), and (e) of this definition for
17non-referendum obligations, except obligations initially
18issued pursuant to referendum; (i) made for payments of
19principal and interest on bonds issued under Section 15 of the
20Local Government Debt Reform Act; (j) made for a qualified
21airport authority to pay interest or principal on general
22obligation bonds issued for the purpose of paying obligations
23due under, or financing airport facilities required to be
24acquired, constructed, installed or equipped pursuant to,
25contracts entered into before March 1, 1996 (but not including
26any amendments to such a contract taking effect on or after

SB0482 Engrossed- 31 -LRB100 05146 HLH 15156 b
1that date); (k) made to fund expenses of providing joint
2recreational programs for persons with disabilities under
3Section 5-8 of the Park District Code or Section 11-95-14 of
4the Illinois Municipal Code; (l) made for contributions to a
5firefighter's pension fund created under Article 4 of the
6Illinois Pension Code, to the extent of the amount certified
7under item (5) of Section 4-134 of the Illinois Pension Code;
8and (m) made for the taxing district to pay interest or
9principal on general obligation bonds issued pursuant to
10Section 19-3.10 of the School Code. For levy years 2017 and
112018, this definition of "aggregate extension" applies to each
12school district that was subject to this definition of
13"aggregate extension" for the 2016 levy year.
14 "Aggregate extension" for all taxing districts to which
15this Law applies in accordance with paragraph (2) of subsection
16(e) of Section 18-213 means, except with respect to levy years
172017 and 2018, the annual corporate extension for the taxing
18district and those special purpose extensions that are made
19annually for the taxing district, excluding special purpose
20extensions: (a) made for the taxing district to pay interest or
21principal on general obligation bonds that were approved by
22referendum; (b) made for any taxing district to pay interest or
23principal on general obligation bonds issued before the
24effective date of this amendatory Act of 1997; (c) made for any
25taxing district to pay interest or principal on bonds issued to
26refund or continue to refund those bonds issued before the

SB0482 Engrossed- 32 -LRB100 05146 HLH 15156 b
1effective date of this amendatory Act of 1997; (d) made for any
2taxing district to pay interest or principal on bonds issued to
3refund or continue to refund bonds issued after the effective
4date of this amendatory Act of 1997 if the bonds were approved
5by referendum after the effective date of this amendatory Act
6of 1997; (e) made for any taxing district to pay interest or
7principal on revenue bonds issued before the effective date of
8this amendatory Act of 1997 for payment of which a property tax
9levy or the full faith and credit of the unit of local
10government is pledged; however, a tax for the payment of
11interest or principal on those bonds shall be made only after
12the governing body of the unit of local government finds that
13all other sources for payment are insufficient to make those
14payments; (f) made for payments under a building commission
15lease when the lease payments are for the retirement of bonds
16issued by the commission before the effective date of this
17amendatory Act of 1997 to pay for the building project; (g)
18made for payments due under installment contracts entered into
19before the effective date of this amendatory Act of 1997; (h)
20made for payments of principal and interest on limited bonds,
21as defined in Section 3 of the Local Government Debt Reform
22Act, in an amount not to exceed the debt service extension base
23less the amount in items (b), (c), and (e) of this definition
24for non-referendum obligations, except obligations initially
25issued pursuant to referendum; (i) made for payments of
26principal and interest on bonds issued under Section 15 of the

SB0482 Engrossed- 33 -LRB100 05146 HLH 15156 b
1Local Government Debt Reform Act; (j) made for a qualified
2airport authority to pay interest or principal on general
3obligation bonds issued for the purpose of paying obligations
4due under, or financing airport facilities required to be
5acquired, constructed, installed or equipped pursuant to,
6contracts entered into before March 1, 1996 (but not including
7any amendments to such a contract taking effect on or after
8that date); (k) made to fund expenses of providing joint
9recreational programs for persons with disabilities under
10Section 5-8 of the Park District Code or Section 11-95-14 of
11the Illinois Municipal Code; and (l) made for contributions to
12a firefighter's pension fund created under Article 4 of the
13Illinois Pension Code, to the extent of the amount certified
14under item (5) of Section 4-134 of the Illinois Pension Code.
15For levy years 2017 and 2018, this definition of "aggregate
16extension" applies to each school district that was subject to
17this definition of "aggregate extension" for the 2016 levy
18year.
19 "Aggregate extension", except with respect to school
20districts, for levy years 2017 and 2018, means the annual
21corporate extension for the taxing district and those special
22purpose extensions that are made annually for the taxing
23district, excluding special purpose extensions: (a) made for
24the payment of principal and interest on bonds or other
25evidences of indebtedness issued by the taxing district; or (b)
26made for contributions to a pension fund created under the

SB0482 Engrossed- 34 -LRB100 05146 HLH 15156 b
1Illinois Pension Code. Notwithstanding the provisions of this
2definition of "aggregate extension", 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 or (ii) made for contributions to a pension fund
6created under the Illinois Pension Code was required to be
7included in a taxing district's aggregate extension for the
82016 levy year, then that special purpose extension is also
9included in the taxing district's aggregate extension for levy
10years 2017 and 2018; provided that the extension limitation for
11those extensions for levy years 2017 and 2018 shall be (1) the
12lesser of 5% or the percentage increase in the Consumer Price
13Index during the 12-month calendar year preceding the levy year
14or (2) the rate of increase approved by voters under Section
1518-205.
16 "Debt service extension base" means an amount equal to that
17portion of the extension for a taxing district for the 1994
18levy year, or for those taxing districts subject to this Law in
19accordance with Section 18-213, except for those subject to
20paragraph (2) of subsection (e) of Section 18-213, for the levy
21year in which the referendum making this Law applicable to the
22taxing district is held, or for those taxing districts subject
23to this Law in accordance with paragraph (2) of subsection (e)
24of Section 18-213 for the 1996 levy year, or for those taxing
25districts that become subject to this Law as a result of this
26amendatory Act of the 100th General Assembly for the 2016 levy

SB0482 Engrossed- 35 -LRB100 05146 HLH 15156 b
1year, constituting an extension for payment of principal and
2interest on bonds issued by the taxing district without
3referendum, but not including excluded non-referendum bonds.
4For park districts (i) that were first subject to this Law in
51991 or 1995 and (ii) whose extension for the 1994 levy year
6for the payment of principal and interest on bonds issued by
7the park district without referendum (but not including
8excluded non-referendum bonds) was less than 51% of the amount
9for the 1991 levy year constituting an extension for payment of
10principal and interest on bonds issued by the park district
11without referendum (but not including excluded non-referendum
12bonds), "debt service extension base" means an amount equal to
13that portion of the extension for the 1991 levy year
14constituting an extension for payment of principal and interest
15on bonds issued by the park district without referendum (but
16not including excluded non-referendum bonds). A debt service
17extension base established or increased at any time pursuant to
18any provision of this Law, except Section 18-212, shall be
19increased each year commencing with the later of (i) the 2009
20levy year or (ii) the first levy year in which this Law becomes
21applicable to the taxing district, by the lesser of 5% or the
22percentage increase in the Consumer Price Index during the
2312-month calendar year preceding the levy year. The debt
24service extension base may be established or increased as
25provided under Section 18-212. "Excluded non-referendum bonds"
26means (i) bonds authorized by Public Act 88-503 and issued

SB0482 Engrossed- 36 -LRB100 05146 HLH 15156 b
1under Section 20a of the Chicago Park District Act for aquarium
2and museum projects; (ii) bonds issued under Section 15 of the
3Local Government Debt Reform Act; or (iii) refunding
4obligations issued to refund or to continue to refund
5obligations initially issued pursuant to referendum.
6 "Special purpose extensions" include, but are not limited
7to, extensions for levies made on an annual basis for
8unemployment and workers' compensation, self-insurance,
9contributions to pension plans, and extensions made pursuant to
10Section 6-601 of the Illinois Highway Code for a road
11district's permanent road fund whether levied annually or not.
12The extension for a special service area is not included in the
13aggregate extension.
14 "Aggregate extension base" means the taxing district's
15last preceding aggregate extension as adjusted under Sections
1618-135, 18-215, and 18-230. An adjustment under Section 18-135
17shall be made for the 2007 levy year and all subsequent levy
18years whenever one or more counties within which a taxing
19district is located (i) used estimated valuations or rates when
20extending taxes in the taxing district for the last preceding
21levy year that resulted in the over or under extension of
22taxes, or (ii) increased or decreased the tax extension for the
23last preceding levy year as required by Section 18-135(c).
24Whenever an adjustment is required under Section 18-135, the
25aggregate extension base of the taxing district shall be equal
26to the amount that the aggregate extension of the taxing

SB0482 Engrossed- 37 -LRB100 05146 HLH 15156 b
1district would have been for the last preceding levy year if
2either or both (i) actual, rather than estimated, valuations or
3rates had been used to calculate the extension of taxes for the
4last levy year, or (ii) the tax extension for the last
5preceding levy year had not been adjusted as required by
6subsection (c) of Section 18-135. In the case of a home rule
7taxing district, the aggregate extension base for 2017 shall
8not include any amounts included in that taxing district's
9annual corporate extension for the 2016 levy year and expended
10for (i) the payment of principal and interest on bonds or other
11evidences of indebtedness issued by the home rule unit or (ii)
12contributions to a pension fund created under the Illinois
13Pension Code, and any special purpose extensions made by a home
14rule unit for those purposes in levy year 2017 or 2018 are not
15included in the district's aggregate extension and shall not be
16subject to the limitations of this Law.
17 Notwithstanding any other provision of law, for levy year
182012, the aggregate extension base for West Northfield School
19District No. 31 in Cook County shall be $12,654,592.
20 "Levy year" has the same meaning as "year" under Section
211-155.
22 "New property" means (i) the assessed value, after final
23board of review or board of appeals action, of new improvements
24or additions to existing improvements on any parcel of real
25property that increase the assessed value of that real property
26during the levy year multiplied by the equalization factor

SB0482 Engrossed- 38 -LRB100 05146 HLH 15156 b
1issued by the Department under Section 17-30, (ii) the assessed
2value, after final board of review or board of appeals action,
3of real property not exempt from real estate taxation, which
4real property was exempt from real estate taxation for any
5portion of the immediately preceding levy year, multiplied by
6the equalization factor issued by the Department under Section
717-30, including the assessed value, upon final stabilization
8of occupancy after new construction is complete, of any real
9property located within the boundaries of an otherwise or
10previously exempt military reservation that is intended for
11residential use and owned by or leased to a private corporation
12or other entity, (iii) in counties that classify in accordance
13with Section 4 of Article IX of the Illinois Constitution, an
14incentive property's additional assessed value resulting from
15a scheduled increase in the level of assessment as applied to
16the first year final board of review market value, and (iv) any
17increase in assessed value due to oil or gas production from an
18oil or gas well required to be permitted under the Hydraulic
19Fracturing Regulatory Act that was not produced in or accounted
20for during the previous levy year. In addition, the county
21clerk in a county containing a population of 3,000,000 or more
22shall include in the 1997 recovered tax increment value for any
23school district, any recovered tax increment value that was
24applicable to the 1995 tax year calculations.
25 "Qualified airport authority" means an airport authority
26organized under the Airport Authorities Act and located in a

SB0482 Engrossed- 39 -LRB100 05146 HLH 15156 b
1county bordering on the State of Wisconsin and having a
2population in excess of 200,000 and not greater than 500,000.
3 "Recovered tax increment value" means, except as otherwise
4provided in this paragraph, the amount of the current year's
5equalized assessed value, in the first year after a
6municipality terminates the designation of an area as a
7redevelopment project area previously established under the
8Tax Increment Allocation Development Act in the Illinois
9Municipal Code, previously established under the Industrial
10Jobs Recovery Law in the Illinois Municipal Code, previously
11established under the Economic Development Project Area Tax
12Increment Act of 1995, or previously established under the
13Economic Development Area Tax Increment Allocation Act, of each
14taxable lot, block, tract, or parcel of real property in the
15redevelopment project area over and above the initial equalized
16assessed value of each property in the redevelopment project
17area. For the taxes which are extended for the 1997 levy year,
18the recovered tax increment value for a non-home rule taxing
19district that first became subject to this Law for the 1995
20levy year because a majority of its 1994 equalized assessed
21value was in an affected county or counties shall be increased
22if a municipality terminated the designation of an area in 1993
23as a redevelopment project area previously established under
24the Tax Increment Allocation Development Act in the Illinois
25Municipal Code, previously established under the Industrial
26Jobs Recovery Law in the Illinois Municipal Code, or previously

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

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1aggregate extension in any of the last 3 preceding levy years
2shall be used for the purpose of computing the limiting rate.
3The denominator shall not include new property or the recovered
4tax increment value. If a new rate, a rate decrease, or a
5limiting rate increase has been approved at an election held
6after March 21, 2006, then (i) the otherwise applicable
7limiting rate shall be increased by the amount of the new rate
8or shall be reduced by the amount of the rate decrease, as the
9case may be, or (ii) in the case of a limiting rate increase,
10the limiting rate shall be equal to the rate set forth in the
11proposition approved by the voters for each of the years
12specified in the proposition, after which the limiting rate of
13the taxing district shall be calculated as otherwise provided.
14In the case of a taxing district that obtained referendum
15approval for an increased limiting rate on March 20, 2012, the
16limiting rate for tax year 2012 shall be the rate that
17generates the approximate total amount of taxes extendable for
18that tax year, as set forth in the proposition approved by the
19voters; this rate shall be the final rate applied by the county
20clerk for the aggregate of all capped funds of the district for
21tax year 2012.
22(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,
23eff. 7-27-15; 99-521, eff. 6-1-17.)
24 (35 ILCS 200/18-205)
25 Sec. 18-205. Referendum to increase the extension

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1limitation.
2 (a) A taxing district is limited to an extension limitation
3as defined in Section 18-185 of 5% or the percentage increase
4in the Consumer Price Index during the 12-month calendar year
5preceding the levy year, whichever is less. A taxing district
6may increase its extension limitation for one or more levy
7years if that taxing district holds a referendum before the
8levy date for the first levy year at which a majority of voters
9voting on the issue approves adoption of a higher extension
10limitation. Referenda shall be conducted at a regularly
11scheduled election in accordance with the Election Code.
12 (b) The question shall be presented in substantially the
13following manner for all elections held after March 21, 2006:
14 Shall the extension limitation under the Property Tax
15 Extension Limitation Law for (insert the legal name,
16 number, if any, and county or counties of the taxing
17 district and geographic or other common name by which a
18 school or community college district is known and referred
19 to), Illinois, be increased from (applicable extension
20 limitation set forth in Section 18-185) the lesser of 5% or
21 the percentage increase in the Consumer Price Index over
22 the prior levy year to (insert the percentage of the
23 proposed increase)% per year for (insert each levy year for
24 which the increased extension limitation will apply)?
25 (c) The votes must be recorded as "Yes" or "No".
26If a majority of voters voting on the issue approves the

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1adoption of the increase, the increase shall be applicable for
2each levy year specified.
3 (d) The ballot for any question submitted pursuant to this
4Section shall have printed thereon, but not as a part of the
5question submitted, only the following supplemental
6information (which shall be supplied to the election authority
7by the taxing district) in substantially the following form:
8 (1) For the (insert the first levy year for which the
9 increased extension limitation will be applicable) levy
10 year the approximate amount of the additional tax
11 extendable against property containing a single family
12 residence and having a fair market value at the time of the
13 referendum of $100,000 is estimated to be $....
14 (2) Based upon an average annual percentage increase
15 (or decrease) in the market value of such property of ...%
16 (insert percentage equal to the average annual percentage
17 increase or decrease for the prior 3 levy years, at the
18 time the submission of the question is initiated by the
19 taxing district, in the amount of (A) the equalized
20 assessed value of the taxable property in the taxing
21 district less (B) the new property included in the
22 equalized assessed value), the approximate amount of the
23 additional tax extendable against such property for the ...
24 levy year is estimated to be $... and for the ... levy year
25 is estimated to be $....
26 Paragraph (2) shall be included only if the increased

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

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

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1majority of its 1994 equalized assessed value is in an affected
2county and the taxing district was not subject to this Law
3before the 1995 levy year.
4 (b) The county board of a county that is not subject to
5this Law may, by ordinance or resolution, submit to the voters
6of the county the question of whether to make all non-home rule
7taxing districts that have all or a portion of their equalized
8assessed valuation situated in the county subject to this Law
9in the manner set forth in this Section.
10 For purposes of this Section only:
11 "Taxing district" has the same meaning provided in Section
121-150.
13 "Equalized assessed valuation" means the equalized
14assessed valuation for a taxing district for the immediately
15preceding levy year.
16 (c) The ordinance or resolution shall request the
17submission of the proposition at any election, except a
18consolidated primary election, for the purpose of voting for or
19against making the Property Tax Extension Limitation Law
20applicable to all non-home rule taxing districts that have all
21or a portion of their equalized assessed valuation situated in
22the county.
23 The question shall be placed on a separate ballot and shall
24be in substantially the following form:
25 Shall the Property Tax Extension Limitation Law (35
26 ILCS 200/18-185 through 18-245), which limits annual

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1 property tax extension increases, apply to non-home rule
2 taxing districts with all or a portion of their equalized
3 assessed valuation located in (name of county)?
4Votes on the question shall be recorded as "yes" or "no".
5 (d) The county clerk shall order the proposition submitted
6to the electors of the county at the election specified in the
7ordinance or resolution. If part of the county is under the
8jurisdiction of a board or boards of election commissioners,
9the county clerk shall submit a certified copy of the ordinance
10or resolution to each board of election commissioners, which
11shall order the proposition submitted to the electors of the
12taxing district within its jurisdiction at the election
13specified in the ordinance or resolution.
14 (e) (1) With respect to taxing districts having all of
15 their equalized assessed valuation located in the county,
16 if a majority of the votes cast on the proposition are in
17 favor of the proposition, then this Law becomes applicable
18 to the taxing district beginning on January 1 of the year
19 following the date of the referendum.
20 (2) With respect to taxing districts that meet all the
21 following conditions this Law shall become applicable to
22 the taxing district beginning on January 1, 1997. The
23 districts to which this paragraph (2) is applicable
24 (A) do not have all of their equalized assessed
25 valuation located in a single county,
26 (B) have equalized assessed valuation in an

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

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

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1Department of Revenue. After the last referendum affecting a
2multi-county taxing district is held, the Department of Revenue
3shall determine whether the taxing district is subject to this
4Law and, if so, shall notify the taxing district and the county
5clerks of all of the counties in which a portion of the
6equalized assessed valuation of the taxing district is located
7that, beginning the following January 1, the taxing district is
8subject to this Law. For each taxing district subject to
9paragraph (2) of subsection (e) of this Section, the Department
10of Revenue shall notify the taxing district and the county
11clerks of all of the counties in which a portion of the
12equalized assessed valuation of the taxing district is located
13that, beginning January 1, 1997, the taxing district is subject
14to this Law.
15 (g) Referenda held under this Section shall be conducted in
16accordance with the Election Code.
17 (h) Notwithstanding any other provision of law, no
18referenda may be held under this Section with respect to levy
19years 2017 and 2018.
20(Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
21 (35 ILCS 200/18-214)
22 Sec. 18-214. Referenda on removal of the applicability of
23the Property Tax Extension Limitation Law to non-home rule
24taxing districts.
25 (a) The provisions of this Section do not apply to a taxing

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1district that is subject to this Law because a majority of its
21990 equalized assessed value is in a county or counties
3contiguous to a county of 3,000,000 or more inhabitants, or
4because a majority of its 1994 equalized assessed value is in
5an affected county and the taxing district was not subject to
6this Law before the 1995 levy year.
7 (b) For purposes of this Section only:
8 "Taxing district" means any non-home rule taxing district
9that became subject to this Law under Section 18-213 of this
10Law.
11 "Equalized assessed valuation" means the equalized
12assessed valuation for a taxing district for the immediately
13preceding levy year.
14 (c) The county board of a county that became subject to
15this Law by a referendum approved by the voters of the county
16under Section 18-213 may, by ordinance or resolution, in the
17manner set forth in this Section, submit to the voters of the
18county the question of whether this Law applies to all non-home
19rule taxing districts that have all or a portion of their
20equalized assessed valuation situated in the county in the
21manner set forth in this Section.
22 (d) The ordinance or resolution shall request the
23submission of the proposition at any election, except a
24consolidated primary election, for the purpose of voting for or
25against the continued application of the Property Tax Extension
26Limitation Law to all non-home rule taxing districts that have

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

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1of their equalized assessed valuation located in a single
2county, if both of the following conditions are met, then this
3Law shall no longer apply to the taxing district beginning on
4January 1 of the year following the date of the referendum.
5 (1) Each county in which the district has any equalized
6 assessed valuation must either, (i) have held a referendum
7 under this Section, (ii) be an affected county, or (iii)
8 have held a referendum under Section 18-213 at which the
9 voters rejected the proposition at the most recent election
10 at which the question was on the ballot in the county.
11 (2) The majority of the equalized assessed valuation of
12 the taxing district, other than any equalized assessed
13 valuation in an affected county, is in one or more counties
14 in which the voters rejected the proposition. For purposes
15 of this Section, in determining whether a majority of the
16 equalized assessed valuation of the taxing district is
17 located in one or more counties in which the voters have
18 rejected the proposition under this Section, the equalized
19 assessed valuation of any taxing district in a county which
20 has held a referendum under Section 18-213 at which the
21 voters rejected that proposition, at the most recent
22 election at which the question was on the ballot in the
23 county, will be included with the equalized assessed value
24 of the taxing district in counties in which the voters have
25 rejected the referendum held under this Section.
26 (h) Immediately after a referendum is held under this

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1Section, the county clerk of the county holding the referendum
2shall give notice of the referendum having been held and its
3results to all taxing districts that have all or a portion of
4their equalized assessed valuation located in the county, the
5county clerk of any other county in which any of the equalized
6assessed valuation of any such taxing district is located, and
7the Department of Revenue. After the last referendum affecting
8a multi-county taxing district is held, the Department of
9Revenue shall determine whether the taxing district is no
10longer subject to this Law and, if the taxing district is no
11longer subject to this Law, the Department of Revenue shall
12notify the taxing district and the county clerks of all of the
13counties in which a portion of the equalized assessed valuation
14of the taxing district is located that, beginning on January 1
15of the year following the date of the last referendum, the
16taxing district is no longer subject to this Law.
17 (i) Notwithstanding any other provision of law, no
18referenda may be held under this Section with respect to levy
19years 2017 and 2018.
20(Source: P.A. 89-718, eff. 3-7-97.)
21 (35 ILCS 200/18-242 new)
22 Sec. 18-242. Home rule. This Division 5 is a limitation,
23under subsection (g) of Section 6 of Article VII of the
24Illinois Constitution, on the power of home rule units to tax.

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1 Section 95. No acceleration or delay. Where this Act makes
2changes in a statute that is represented in this Act by text
3that is not yet or no longer in effect (for example, a Section
4represented by multiple versions), the use of that text does
5not accelerate or delay the taking effect of (i) the changes
6made by this Act or (ii) provisions derived from any other
7Public Act.
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