Bill Text: IL SB2206 | 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 levy year and thereafter, for certain school districts, "extension limitation" means 0% or the rate of increase approved by the voters. Provides that all school districts in the State are subject to the Property Tax Extension Limitation Law. Provides that qualified school districts may be granted an exemption from the amendatory Act by an affirmative vote of the State Board of Education. Sets forth the qualifications for those school districts. Effective immediately.

Spectrum: Partisan Bill (Republican 1-0)

Status: (Introduced) 2017-04-27 - Referred to Assignments [SB2206 Detail]

Download: Illinois-2017-SB2206-Introduced.html


100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
SB2206

Introduced 4/27/2017, by Sen. Kyle McCarter

SYNOPSIS AS INTRODUCED:
35 ILCS 200/18-185
35 ILCS 200/18-205
35 ILCS 200/18-214

Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, for the 2017 levy year and thereafter, for certain school districts, "extension limitation" means 0% or the rate of increase approved by the voters. Provides that all school districts in the State are subject to the Property Tax Extension Limitation Law. Provides that qualified school districts may be granted an exemption from the amendatory Act by an affirmative vote of the State Board of Education. Sets forth the qualifications for those school districts. Effective immediately.
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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

SB2206LRB100 12543 HLH 25627 b
1 AN ACT concerning revenue.
2 Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
4 Section 5. The Property Tax Code is amended by changing
5Sections 18-185, 18-205, and 18-214 and by adding Section
618-242 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" means, except as otherwise provided
16in this paragraph with respect to school districts, (a) the
17lesser of 5% or the percentage increase in the Consumer Price
18Index during the 12-month calendar year preceding the levy year
19or (b) the rate of increase approved by voters under Section
2018-205. For the 2017 levy year and thereafter, for school
21districts other than the City of Chicago School District #299
22and qualified school districts that were subject to this Law in
23the 2016 levy year, "extension limitation" means 0% or the rate

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1of increase approved by the voters under Section 18-205. For
2the 2017 levy year and thereafter, for the City of Chicago
3School District #299 and qualified school districts that were
4subject to this Law in the 2016 levy year, "extension
5limitation" means (a) the lesser of 5% or the percentage
6increase in the Consumer Price Index during the 12-month
7calendar year preceding the levy year or (b) the rate of
8increase approved by voters under Section 18-205.
9 "Affected county" means a county of 3,000,000 or more
10inhabitants or a county contiguous to a county of 3,000,000 or
11more inhabitants.
12 "Taxing district" has the same meaning provided in Section
131-150, except as otherwise provided in this Section. For the
141991 through 1994 levy years only, "taxing district" includes
15only each non-home rule taxing district having the majority of
16its 1990 equalized assessed value within any county or counties
17contiguous to a county with 3,000,000 or more inhabitants.
18Beginning with the 1995 levy year, "taxing district" includes
19only each non-home rule taxing district subject to this Law
20before the 1995 levy year and each non-home rule taxing
21district not subject to this Law before the 1995 levy year
22having the majority of its 1994 equalized assessed value in an
23affected county or counties. Beginning with the levy year in
24which this Law becomes applicable to a taxing district as
25provided in Section 18-213, "taxing district" also includes
26those taxing districts made subject to this Law as provided in

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1Section 18-213. For the 2017 levy year and thereafter, "taxing
2district" also includes each school district in the State, but
3does not include a qualified school district that was not
4subject to this Law in the 2016 levy year.
5 "Aggregate extension" for taxing districts to which this
6Law applied before the 1995 levy year means the annual
7corporate extension for the taxing district and those special
8purpose extensions that are made annually for the taxing
9district, excluding special purpose extensions: (a) made for
10the taxing district to pay interest or principal on general
11obligation bonds that were approved by referendum; (b) made for
12any taxing district to pay interest or principal on general
13obligation bonds issued before October 1, 1991; (c) made for
14any taxing district to pay interest or principal on bonds
15issued to refund or continue to refund those bonds issued
16before October 1, 1991; (d) made for any taxing district to pay
17interest or principal on bonds issued to refund or continue to
18refund bonds issued after October 1, 1991 that were approved by
19referendum; (e) made for any taxing district to pay interest or
20principal on revenue bonds issued before October 1, 1991 for
21payment of which a property tax levy or the full faith and
22credit of the unit of local government is pledged; however, a
23tax for the payment of interest or principal on those bonds
24shall be made only after the governing body of the unit of
25local government finds that all other sources for payment are
26insufficient to make those payments; (f) made for payments

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1under a building commission lease when the lease payments are
2for the retirement of bonds issued by the commission before
3October 1, 1991, to pay for the building project; (g) made for
4payments due under installment contracts entered into before
5October 1, 1991; (h) made for payments of principal and
6interest on bonds issued under the Metropolitan Water
7Reclamation District Act to finance construction projects
8initiated before October 1, 1991; (i) made for payments of
9principal and interest on limited bonds, as defined in Section
103 of the Local Government Debt Reform Act, in an amount not to
11exceed the debt service extension base less the amount in items
12(b), (c), (e), and (h) of this definition for non-referendum
13obligations, except obligations initially issued pursuant to
14referendum; (j) made for payments of principal and interest on
15bonds issued under Section 15 of the Local Government Debt
16Reform Act; (k) made by a school district that participates in
17the Special Education District of Lake County, created by
18special education joint agreement under Section 10-22.31 of the
19School Code, for payment of the school district's share of the
20amounts required to be contributed by the Special Education
21District of Lake County to the Illinois Municipal Retirement
22Fund under Article 7 of the Illinois Pension Code; the amount
23of any extension under this item (k) shall be certified by the
24school district to the county clerk; (l) made to fund expenses
25of providing joint recreational programs for persons with
26disabilities under Section 5-8 of the Park District Code or

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1Section 11-95-14 of the Illinois Municipal Code; (m) made for
2temporary relocation loan repayment purposes pursuant to
3Sections 2-3.77 and 17-2.2d of the School Code; (n) made for
4payment of principal and interest on any bonds issued under the
5authority of Section 17-2.2d of the School Code; (o) made for
6contributions to a firefighter's pension fund created under
7Article 4 of the Illinois Pension Code, to the extent of the
8amount certified under item (5) of Section 4-134 of the
9Illinois Pension Code; and (p) made for road purposes in the
10first year after a township assumes the rights, powers, duties,
11assets, property, liabilities, obligations, and
12responsibilities of a road district abolished under the
13provisions of Section 6-133 of the Illinois Highway Code.
14 "Aggregate extension" for the taxing districts to which
15this Law did not apply before the 1995 levy year (except taxing
16districts subject to this Law in accordance with Section
1718-213) means 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 March 1,
241995; (c) made for any taxing district to pay interest or
25principal on bonds issued to refund or continue to refund those
26bonds issued before March 1, 1995; (d) made for any taxing

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

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1issued pursuant to referendum and bonds described in subsection
2(h) of this definition; (j) made for payments of principal and
3interest on bonds issued under Section 15 of the Local
4Government Debt Reform Act; (k) made for payments of principal
5and interest on bonds authorized by Public Act 88-503 and
6issued under Section 20a of the Chicago Park District Act for
7aquarium or museum projects; (l) made for payments of principal
8and interest on bonds authorized by Public Act 87-1191 or
993-601 and (i) issued pursuant to Section 21.2 of the Cook
10County Forest Preserve District Act, (ii) issued under Section
1142 of the Cook County Forest Preserve District Act for
12zoological park projects, or (iii) issued under Section 44.1 of
13the Cook County Forest Preserve District Act for botanical
14gardens projects; (m) made pursuant to Section 34-53.5 of the
15School Code, whether levied annually or not; (n) made to fund
16expenses of providing joint recreational programs for persons
17with disabilities under Section 5-8 of the Park District Code
18or Section 11-95-14 of the Illinois Municipal Code; (o) made by
19the Chicago Park District for recreational programs for persons
20with disabilities under subsection (c) of Section 7.06 of the
21Chicago Park District Act; (p) made for contributions to a
22firefighter's pension fund created under Article 4 of the
23Illinois Pension Code, to the extent of the amount certified
24under item (5) of Section 4-134 of the Illinois Pension Code;
25and (q) made by Ford Heights School District 169 under Section
2617-9.02 of the School Code.

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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 the annual corporate extension for
5the taxing district and those special purpose extensions that
6are made annually for the taxing district, excluding special
7purpose extensions: (a) made for the taxing district to pay
8interest or principal on general obligation bonds that were
9approved by referendum; (b) made for any taxing district to pay
10interest or principal on general obligation bonds issued before
11the date on which the referendum making this Law applicable to
12the taxing district is held; (c) made for any taxing district
13to pay interest or principal on bonds issued to refund or
14continue to refund those bonds issued before the date on which
15the referendum making this Law applicable to the taxing
16district is held; (d) made for any taxing district to pay
17interest or principal on bonds issued to refund or continue to
18refund bonds issued after the date on which the referendum
19making this Law applicable to the taxing district is held if
20the bonds were approved by referendum after the date on which
21the referendum making this Law applicable to the taxing
22district is held; (e) made for any taxing district to pay
23interest or principal on revenue bonds issued before the date
24on which the referendum making this Law applicable to the
25taxing district is held for payment of which a property tax
26levy or the full faith and credit of the unit of local

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1government is pledged; however, a tax for the payment of
2interest or principal on those bonds shall be made only after
3the governing body of the unit of local government finds that
4all other sources for payment are insufficient to make those
5payments; (f) made for payments under a building commission
6lease when the lease payments are for the retirement of bonds
7issued by the commission before the date on which the
8referendum making this Law applicable to the taxing district is
9held to pay for the building project; (g) made for payments due
10under installment contracts entered into before the date on
11which the referendum making this Law applicable to the taxing
12district is held; (h) made for payments of principal and
13interest on limited bonds, as defined in Section 3 of the Local
14Government Debt Reform Act, in an amount not to exceed the debt
15service extension base less the amount in items (b), (c), and
16(e) of this definition for non-referendum obligations, except
17obligations initially issued pursuant to referendum; (i) made
18for payments of principal and interest on bonds issued under
19Section 15 of the Local Government Debt Reform Act; (j) made
20for a qualified airport authority to pay interest or principal
21on general obligation bonds issued for the purpose of paying
22obligations due under, or financing airport facilities
23required to be acquired, constructed, installed or equipped
24pursuant to, contracts entered into before March 1, 1996 (but
25not including any amendments to such a contract taking effect
26on or after that date); (k) 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; (l) made for contributions to a
4firefighter'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;
7and (m) made for the taxing district to pay interest or
8principal on general obligation bonds issued pursuant to
9Section 19-3.10 of the School Code.
10 "Aggregate extension" for all taxing districts to which
11this Law applies in accordance with paragraph (2) of subsection
12(e) of Section 18-213 means the annual corporate extension for
13the taxing district and those special purpose extensions that
14are made annually for the taxing district, excluding special
15purpose extensions: (a) made for the taxing district to pay
16interest or principal on general obligation bonds that were
17approved by referendum; (b) made for any taxing district to pay
18interest or principal on general obligation bonds issued before
19the effective date of this amendatory Act of 1997; (c) made for
20any taxing district to pay interest or principal on bonds
21issued to refund or continue to refund those bonds issued
22before the effective date of this amendatory Act of 1997; (d)
23made for any taxing district to pay interest or principal on
24bonds issued to refund or continue to refund bonds issued after
25the effective date of this amendatory Act of 1997 if the bonds
26were approved by referendum after the effective date of this

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1amendatory Act of 1997; (e) made for any taxing district to pay
2interest or principal on revenue bonds issued before the
3effective date of this amendatory Act of 1997 for payment of
4which a property tax levy or the full faith and credit of the
5unit of local government is pledged; however, a tax for the
6payment of interest or principal on those bonds shall be made
7only after the governing body of the unit of local government
8finds that all other sources for payment are insufficient to
9make those payments; (f) made for payments under a building
10commission lease when the lease payments are for the retirement
11of bonds issued by the commission before the effective date of
12this amendatory Act of 1997 to pay for the building project;
13(g) made for payments due under installment contracts entered
14into before the effective date of this amendatory Act of 1997;
15(h) made for payments of principal and interest on limited
16bonds, as defined in Section 3 of the Local Government Debt
17Reform Act, in an amount not to exceed the debt service
18extension base less the amount in items (b), (c), and (e) of
19this 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; and (l) made for contributions
7to a firefighter'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.
10 "Aggregate extension" means, beginning in levy year 2017,
11for school districts that were not subject to this Law in the
122016 levy year, the annual corporate extension for the school
13district and those special purpose extensions that are made
14annually for the school district.
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 school
24districts that were not subject to this Law in the 2016 levy
25year for the 2016 levy year, constituting an extension for
26payment of principal and interest on bonds issued by the taxing

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1district without referendum, but not including excluded
2non-referendum bonds. For park districts (i) that were first
3subject to this Law in 1991 or 1995 and (ii) whose extension
4for the 1994 levy year for the payment of principal and
5interest on bonds issued by the park district without
6referendum (but not including excluded non-referendum bonds)
7was less than 51% of the amount for the 1991 levy year
8constituting an extension for payment of principal and interest
9on bonds issued by the park district without referendum (but
10not including excluded non-referendum bonds), "debt service
11extension base" means an amount equal to that portion of the
12extension for the 1991 levy year constituting an extension for
13payment of principal and interest on bonds issued by the park
14district without referendum (but not including excluded
15non-referendum bonds). A debt service extension base
16established or increased at any time pursuant to any provision
17of this Law, except Section 18-212, shall be increased each
18year commencing with the later of (i) the 2009 levy year or
19(ii) the first levy year in which this Law becomes applicable
20to the taxing district, by the lesser of 5% or the percentage
21increase in the Consumer Price Index during the 12-month
22calendar year preceding the levy year. The debt service
23extension base may be established or increased as provided
24under Section 18-212. "Excluded non-referendum bonds" means
25(i) bonds authorized by Public Act 88-503 and issued under
26Section 20a of the Chicago Park District Act for aquarium and

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1museum 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 "Qualified school district" means, for the 2017 levy year
19and thereafter, a school district that has been granted an
20exemption from this amendatory Act of the 100th General
21Assembly by an affirmative vote of the State Board of
22Education; to be eligible for such an exemption, one or more of
23the following criteria must apply:
24 (1) the school district must meet the conditions
25 described in subsection (a) of Section 1A-8 of the School
26 Code or in paragraph (3) or (5) of subsection (b) of

SB2206- 17 -LRB100 12543 HLH 25627 b
1 Section 1A-8 of the School Code; to determine if a school
2 district meets this criteria, the State Superintendent of
3 Education may require the school district, including a
4 school district subject to Article 34A of the School Code,
5 to share financial information relevant to a proper
6 investigation of the district's financial condition;
7 (2) the equalized assessed valuation used in
8 calculating the school district's general State aid claim
9 under Section 18-8.05 of the School Code or the district's
10 evidence-based funding claim under Section 18-8.15 of the
11 School Code, as applicable, for the year in which the
12 district is applying has decreased by 10% or more compared
13 with the equalized assessed valuation used for that
14 calculation in the previous school year; or
15 (3) the school district is a Tier 1 district, as
16 defined in subparagraph (A) of subsection (g) of Section
17 18-8.15 of the School Code.
18 The State Board of Education shall notify the county clerk
19as soon as possible after the exemption is granted that the
20district is exempt from the provisions of this amendatory Act
21of the 100th General Assembly; school districts shall reapply
22for the exemption on an annual basis.
23 "Recovered tax increment value" means, except as otherwise
24provided in this paragraph, the amount of the current year's
25equalized assessed value, in the first year after a
26municipality terminates the designation of an area as a

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

SB2206- 19 -LRB100 12543 HLH 25627 b
1municipality removes a taxable lot, block, tract, or parcel of
2real property from a redevelopment project area established
3under the Tax Increment Allocation Development Act in the
4Illinois Municipal Code, the Industrial Jobs Recovery Law in
5the Illinois Municipal Code, or the Economic Development Area
6Tax Increment Allocation Act, "recovered tax increment value"
7means the amount of the current year's equalized assessed value
8of each taxable lot, block, tract, or parcel of real property
9removed from the redevelopment project area over and above the
10initial equalized assessed value of that real property before
11removal from the redevelopment project area.
12 Except as otherwise provided in this Section, "limiting
13rate" means a fraction the numerator of which is the last
14preceding aggregate extension base times an amount equal to one
15plus the extension limitation defined in this Section and the
16denominator of which is the current year's equalized assessed
17value of all real property in the territory under the
18jurisdiction of the taxing district during the prior levy year.
19For those taxing districts that reduced their aggregate
20extension for the last preceding levy year, the highest
21aggregate extension in any of the last 3 preceding levy years
22shall be used for the purpose of computing the limiting rate.
23The denominator shall not include new property or the recovered
24tax increment value. If a new rate, a rate decrease, or a
25limiting rate increase has been approved at an election held
26after March 21, 2006, then (i) the otherwise applicable

SB2206- 20 -LRB100 12543 HLH 25627 b
1limiting rate shall be increased by the amount of the new rate
2or shall be reduced by the amount of the rate decrease, as the
3case may be, or (ii) in the case of a limiting rate increase,
4the limiting rate shall be equal to the rate set forth in the
5proposition approved by the voters for each of the years
6specified in the proposition, after which the limiting rate of
7the taxing district shall be calculated as otherwise provided.
8In the case of a taxing district that obtained referendum
9approval for an increased limiting rate on March 20, 2012, the
10limiting rate for tax year 2012 shall be the rate that
11generates the approximate total amount of taxes extendable for
12that tax year, as set forth in the proposition approved by the
13voters; this rate shall be the final rate applied by the county
14clerk for the aggregate of all capped funds of the district for
15tax year 2012.
16(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,
17eff. 7-27-15.)
18 (Text of Section after amendment by P.A. 99-521)
19 Sec. 18-185. Short title; definitions. This Division 5 may
20be cited as the Property Tax Extension Limitation Law. As used
21in this Division 5:
22 "Consumer Price Index" means the Consumer Price Index for
23All Urban Consumers for all items published by the United
24States Department of Labor.
25 "Extension limitation" means, except as otherwise provided

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1in this paragraph with respect to school districts, (a) the
2lesser of 5% or the percentage increase in the Consumer Price
3Index during the 12-month calendar year preceding the levy year
4or (b) the rate of increase approved by voters under Section
518-205. For the 2017 levy year and thereafter, for school
6districts other than the City of Chicago School District #299
7and qualified school districts that were subject to this Law in
8the 2016 levy year, "extension limitation" means 0% or the rate
9of increase approved by the voters under Section 18-205. For
10the 2017 levy year and thereafter, for the City of Chicago
11School District #299 and qualified school districts that were
12subject to this Law in the 2016 levy year, "extension
13limitation" means (a) the lesser of 5% or the percentage
14increase in the Consumer Price Index during the 12-month
15calendar year preceding the levy year or (b) the rate of
16increase approved by voters under Section 18-205.
17 "Affected county" means a county of 3,000,000 or more
18inhabitants or a county contiguous to a county of 3,000,000 or
19more inhabitants.
20 "Taxing district" has the same meaning provided in Section
211-150, except as otherwise provided in this Section. For the
221991 through 1994 levy years only, "taxing district" includes
23only each non-home rule taxing district having the majority of
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 the 2017 levy year and thereafter, "taxing
10district" also includes each school district in the State, but
11does not include a qualified school district that was not
12subject to this Law in the 2016 levy year.
13 "Aggregate extension" for taxing districts to which this
14Law applied before the 1995 levy year means the annual
15corporate extension for the taxing district and those special
16purpose extensions that are made annually for the taxing
17district, excluding special purpose extensions: (a) made for
18the taxing district to pay interest or principal on general
19obligation bonds that were approved by referendum; (b) made for
20any taxing district to pay interest or principal on general
21obligation bonds issued before October 1, 1991; (c) made for
22any taxing district to pay interest or principal on bonds
23issued to refund or continue to refund those bonds issued
24before October 1, 1991; (d) made for any taxing district to pay
25interest or principal on bonds issued to refund or continue to
26refund bonds issued after October 1, 1991 that were approved by

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1referendum; (e) made for any taxing district to pay interest or
2principal on revenue bonds issued before October 1, 1991 for
3payment of which a property tax levy or the full faith and
4credit of the unit of local government is pledged; however, a
5tax for the payment of interest or principal on those bonds
6shall be made only after the governing body of the unit of
7local government finds that all other sources for payment are
8insufficient to make those payments; (f) made for payments
9under a building commission lease when the lease payments are
10for the retirement of bonds issued by the commission before
11October 1, 1991, to pay for the building project; (g) made for
12payments due under installment contracts entered into before
13October 1, 1991; (h) made for payments of principal and
14interest on bonds issued under the Metropolitan Water
15Reclamation District Act to finance construction projects
16initiated before October 1, 1991; (i) made for payments of
17principal and interest on limited bonds, as defined in Section
183 of the Local Government Debt Reform Act, in an amount not to
19exceed the debt service extension base less the amount in items
20(b), (c), (e), and (h) of this definition for non-referendum
21obligations, except obligations initially issued pursuant to
22referendum; (j) made for payments of principal and interest on
23bonds issued under Section 15 of the Local Government Debt
24Reform Act; (k) made by a school district that participates in
25the Special Education District of Lake County, created by
26special education joint agreement under Section 10-22.31 of the

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1School Code, for payment of the school district's share of the
2amounts required to be contributed by the Special Education
3District of Lake County to the Illinois Municipal Retirement
4Fund under Article 7 of the Illinois Pension Code; the amount
5of any extension under this item (k) shall be certified by the
6school district to the county clerk; (l) made to fund expenses
7of providing joint recreational programs for persons with
8disabilities under Section 5-8 of the Park District Code or
9Section 11-95-14 of the Illinois Municipal Code; (m) made for
10temporary relocation loan repayment purposes pursuant to
11Sections 2-3.77 and 17-2.2d of the School Code; (n) made for
12payment of principal and interest on any bonds issued under the
13authority of Section 17-2.2d of the School Code; (o) made for
14contributions to a firefighter's pension fund created under
15Article 4 of the Illinois Pension Code, to the extent of the
16amount certified under item (5) of Section 4-134 of the
17Illinois Pension Code; and (p) made for road purposes in the
18first year after a township assumes the rights, powers, duties,
19assets, property, liabilities, obligations, and
20responsibilities of a road district abolished under the
21provisions of Section 6-133 of the Illinois Highway Code.
22 "Aggregate extension" for the taxing districts to which
23this Law did not apply before the 1995 levy year (except taxing
24districts subject to this Law in accordance with Section
2518-213) means the annual corporate extension for the taxing
26district and those special purpose extensions that are made

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1annually for the taxing district, excluding special purpose
2extensions: (a) made for the taxing district to pay interest or
3principal on general obligation bonds that were approved by
4referendum; (b) made for any taxing district to pay interest or
5principal on general obligation bonds issued before March 1,
61995; (c) made for any taxing district to pay interest or
7principal on bonds issued to refund or continue to refund those
8bonds issued before March 1, 1995; (d) made for any taxing
9district to pay interest or principal on bonds issued to refund
10or continue to refund bonds issued after March 1, 1995 that
11were approved by referendum; (e) made for any taxing district
12to pay interest or principal on revenue bonds issued before
13March 1, 1995 for payment of which a property tax levy or the
14full faith and credit of the unit of local government is
15pledged; however, a tax for the payment of interest or
16principal on those bonds shall be made only after the governing
17body of the unit of local government finds that all other
18sources for payment are insufficient to make those payments;
19(f) made for payments under a building commission lease when
20the lease payments are for the retirement of bonds issued by
21the commission before March 1, 1995 to pay for the building
22project; (g) made for payments due under installment contracts
23entered into before March 1, 1995; (h) made for payments of
24principal and interest on bonds issued under the Metropolitan
25Water Reclamation District Act to finance construction
26projects initiated before October 1, 1991; (h-4) made for

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1stormwater management purposes by the Metropolitan Water
2Reclamation District of Greater Chicago under Section 12 of the
3Metropolitan Water Reclamation District Act; (i) made for
4payments of principal and interest on limited bonds, as defined
5in Section 3 of the Local Government Debt Reform Act, in an
6amount not to exceed the debt service extension base less the
7amount in items (b), (c), and (e) of this definition for
8non-referendum obligations, except obligations initially
9issued pursuant to referendum and bonds described in subsection
10(h) of this definition; (j) made for payments of principal and
11interest on bonds issued under Section 15 of the Local
12Government Debt Reform Act; (k) made for payments of principal
13and interest on bonds authorized by Public Act 88-503 and
14issued under Section 20a of the Chicago Park District Act for
15aquarium or museum projects; (l) made for payments of principal
16and interest on bonds authorized by Public Act 87-1191 or
1793-601 and (i) issued pursuant to Section 21.2 of the Cook
18County Forest Preserve District Act, (ii) issued under Section
1942 of the Cook County Forest Preserve District Act for
20zoological park projects, or (iii) issued under Section 44.1 of
21the Cook County Forest Preserve District Act for botanical
22gardens projects; (m) made pursuant to Section 34-53.5 of the
23School Code, whether levied annually or not; (n) made to fund
24expenses of providing joint recreational programs for persons
25with disabilities under Section 5-8 of the Park District Code
26or Section 11-95-14 of the Illinois Municipal Code; (o) made by

SB2206- 27 -LRB100 12543 HLH 25627 b
1the Chicago Park District for recreational programs for persons
2with disabilities under subsection (c) of Section 7.06 of the
3Chicago Park District Act; (p) made for contributions to a
4firefighter'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;
7(q) made by Ford Heights School District 169 under Section
817-9.02 of the School Code; and (r) made for the purpose of
9making employer contributions to the Public School Teachers'
10Pension and Retirement Fund of Chicago under Section 34-53 of
11the School Code.
12 "Aggregate extension" for all taxing districts to which
13this Law applies in accordance with Section 18-213, except for
14those taxing districts subject to paragraph (2) of subsection
15(e) of Section 18-213, means the annual corporate extension for
16the taxing district and those special purpose extensions that
17are made annually for the taxing district, excluding special
18purpose extensions: (a) made for the taxing district to pay
19interest or principal on general obligation bonds that were
20approved by referendum; (b) made for any taxing district to pay
21interest or principal on general obligation bonds issued before
22the date on which the referendum making this Law applicable to
23the taxing district is held; (c) made for any taxing district
24to pay interest or principal on bonds issued to refund or
25continue to refund those bonds issued before the date on which
26the referendum making this Law applicable to the taxing

SB2206- 28 -LRB100 12543 HLH 25627 b
1district is held; (d) made for any taxing district to pay
2interest or principal on bonds issued to refund or continue to
3refund bonds issued after the date on which the referendum
4making this Law applicable to the taxing district is held if
5the bonds were approved by referendum after the date on which
6the referendum making this Law applicable to the taxing
7district is held; (e) made for any taxing district to pay
8interest or principal on revenue bonds issued before the date
9on which the referendum making this Law applicable to the
10taxing district is held for payment of which a property tax
11levy or the full faith and credit of the unit of local
12government is pledged; however, a tax for the payment of
13interest or principal on those bonds shall be made only after
14the governing body of the unit of local government finds that
15all other sources for payment are insufficient to make those
16payments; (f) made for payments under a building commission
17lease when the lease payments are for the retirement of bonds
18issued by the commission before the date on which the
19referendum making this Law applicable to the taxing district is
20held to pay for the building project; (g) made for payments due
21under installment contracts entered into before the date on
22which the referendum making this Law applicable to the taxing
23district is held; (h) made for payments of principal and
24interest on limited bonds, as defined in Section 3 of the Local
25Government Debt Reform Act, in an amount not to exceed the debt
26service extension base less the amount in items (b), (c), and

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

SB2206- 30 -LRB100 12543 HLH 25627 b
1interest or principal on general obligation bonds that were
2approved by referendum; (b) made for any taxing district to pay
3interest or principal on general obligation bonds issued before
4the effective date of this amendatory Act of 1997; (c) made for
5any taxing district to pay interest or principal on bonds
6issued to refund or continue to refund those bonds issued
7before the effective date of this amendatory Act of 1997; (d)
8made for any taxing district to pay interest or principal on
9bonds issued to refund or continue to refund bonds issued after
10the effective date of this amendatory Act of 1997 if the bonds
11were approved by referendum after the effective date of this
12amendatory Act of 1997; (e) made for any taxing district to pay
13interest or principal on revenue bonds issued before the
14effective date of this amendatory Act of 1997 for payment of
15which a property tax levy or the full faith and credit of the
16unit of local government is pledged; however, a tax for the
17payment of interest or principal on those bonds shall be made
18only after the governing body of the unit of local government
19finds that all other sources for payment are insufficient to
20make those payments; (f) made for payments under a building
21commission lease when the lease payments are for the retirement
22of bonds issued by the commission before the effective date of
23this amendatory Act of 1997 to pay for the building project;
24(g) made for payments due under installment contracts entered
25into before the effective date of this amendatory Act of 1997;
26(h) made for payments of principal and interest on limited

SB2206- 31 -LRB100 12543 HLH 25627 b
1bonds, as defined in Section 3 of the Local Government Debt
2Reform Act, in an amount not to exceed the debt service
3extension base less the amount in items (b), (c), and (e) of
4this definition for non-referendum obligations, except
5obligations initially issued pursuant to referendum; (i) made
6for payments of principal and interest on bonds issued under
7Section 15 of the Local Government Debt Reform Act; (j) made
8for a qualified airport authority to pay interest or principal
9on general obligation bonds issued for the purpose of paying
10obligations due under, or financing airport facilities
11required to be acquired, constructed, installed or equipped
12pursuant to, contracts entered into before March 1, 1996 (but
13not including any amendments to such a contract taking effect
14on or after that date); (k) 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; and (l) made for contributions
18to a firefighter's pension fund created under Article 4 of the
19Illinois Pension Code, to the extent of the amount certified
20under item (5) of Section 4-134 of the Illinois Pension Code.
21 "Aggregate extension" means, beginning in levy year 2017,
22for school districts that were not subject to this Law in the
232016 levy year, the annual corporate extension for the school
24district and those special purpose extensions that are made
25annually for the school district.
26 "Debt service extension base" means an amount equal to that

SB2206- 32 -LRB100 12543 HLH 25627 b
1portion of the extension for a taxing district for the 1994
2levy year, or for those taxing districts subject to this Law in
3accordance with Section 18-213, except for those subject to
4paragraph (2) of subsection (e) of Section 18-213, for the levy
5year in which the referendum making this Law applicable to the
6taxing district is held, or for those taxing districts subject
7to this Law in accordance with paragraph (2) of subsection (e)
8of Section 18-213 for the 1996 levy year, or for school
9districts that were not subject to this Law in the 2016 levy
10year for the 2016 levy year, constituting an extension for
11payment of principal and interest on bonds issued by the taxing
12district without referendum, but not including excluded
13non-referendum bonds. For park districts (i) that were first
14subject to this Law in 1991 or 1995 and (ii) whose extension
15for the 1994 levy year for the payment of principal and
16interest on bonds issued by the park district without
17referendum (but not including excluded non-referendum bonds)
18was less than 51% of the amount 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), "debt service
22extension base" means an amount equal to that portion of the
23extension for the 1991 levy year constituting an extension for
24payment of principal and interest on bonds issued by the park
25district without referendum (but not including excluded
26non-referendum bonds). A debt service extension base

SB2206- 33 -LRB100 12543 HLH 25627 b
1established or increased at any time pursuant to any provision
2of this Law, except Section 18-212, shall be increased each
3year commencing with the later of (i) the 2009 levy year or
4(ii) the first levy year in which this Law becomes applicable
5to the taxing district, by the lesser of 5% or the percentage
6increase in the Consumer Price Index during the 12-month
7calendar year preceding the levy year. The debt service
8extension base may be established or increased as provided
9under Section 18-212. "Excluded non-referendum bonds" means
10(i) bonds authorized by Public Act 88-503 and issued under
11Section 20a of the Chicago Park District Act for aquarium and
12museum projects; (ii) bonds issued under Section 15 of the
13Local Government Debt Reform Act; or (iii) refunding
14obligations issued to refund or to continue to refund
15obligations initially issued pursuant to referendum.
16 "Special purpose extensions" include, but are not limited
17to, extensions for levies made on an annual basis for
18unemployment and workers' compensation, self-insurance,
19contributions to pension plans, and extensions made pursuant to
20Section 6-601 of the Illinois Highway Code for a road
21district's permanent road fund whether levied annually or not.
22The extension for a special service area is not included in the
23aggregate extension.
24 "Aggregate extension base" means the taxing district's
25last preceding aggregate extension as adjusted under Sections
2618-135, 18-215, and 18-230. An adjustment under Section 18-135

SB2206- 34 -LRB100 12543 HLH 25627 b
1shall be made for the 2007 levy year and all subsequent levy
2years whenever one or more counties within which a taxing
3district is located (i) used estimated valuations or rates when
4extending taxes in the taxing district for the last preceding
5levy year that resulted in the over or under extension of
6taxes, or (ii) increased or decreased the tax extension for the
7last preceding levy year as required by Section 18-135(c).
8Whenever an adjustment is required under Section 18-135, the
9aggregate extension base of the taxing district shall be equal
10to the amount that the aggregate extension of the taxing
11district would have been for the last preceding levy year if
12either or both (i) actual, rather than estimated, valuations or
13rates had been used to calculate the extension of taxes for the
14last levy year, or (ii) the tax extension for the last
15preceding levy year had not been adjusted as required by
16subsection (c) of Section 18-135.
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

SB2206- 35 -LRB100 12543 HLH 25627 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

SB2206- 36 -LRB100 12543 HLH 25627 b
1county bordering on the State of Wisconsin and having a
2population in excess of 200,000 and not greater than 500,000.
3 "Qualified school district" means, for the 2017 levy year
4and thereafter, a school district that has been granted an
5exemption from this amendatory Act of the 100th General
6Assembly by an affirmative vote of the State Board of
7Education; to be eligible for such an exemption, one or more of
8the following criteria must apply:
9 (1) the school district must meet the conditions
10 described in subsection (a) of Section 1A-8 of the School
11 Code or in paragraph (3) or (5) of subsection (b) of
12 Section 1A-8 of the School Code; to determine if a school
13 district meets this criteria, the State Superintendent of
14 Education may require the school district, including a
15 school district subject to Article 34A of the School Code,
16 to share financial information relevant to a proper
17 investigation of the district's financial condition;
18 (2) the equalized assessed valuation used in
19 calculating the school district's general State aid claim
20 under Section 18-8.05 of the School Code or the district's
21 evidence-based funding claim under Section 18-8.15 of the
22 School Code, as applicable, for the year in which the
23 district is applying has decreased by 10% or more compared
24 with the equalized assessed valuation used for that
25 calculation in the previous school year; or
26 (3) the school district is a Tier 1 district, as

SB2206- 37 -LRB100 12543 HLH 25627 b
1 defined in subparagraph (A) of subsection (g) of Section
2 18-8.15 of the School Code.
3 The State Board of Education shall notify the county clerk
4as soon as possible after the exemption is granted that the
5district is exempt from the provisions of this amendatory Act
6of the 100th General Assembly; school districts shall reapply
7for the exemption on an annual basis.
8 "Recovered tax increment value" means, except as otherwise
9provided in this paragraph, the amount of the current year's
10equalized assessed value, in the first year after a
11municipality terminates the designation of an area as a
12redevelopment project area previously established under the
13Tax Increment Allocation Development Act in the Illinois
14Municipal Code, previously established under the Industrial
15Jobs Recovery Law in the Illinois Municipal Code, previously
16established under the Economic Development Project Area Tax
17Increment Act of 1995, or previously established under the
18Economic Development Area Tax Increment Allocation Act, of each
19taxable lot, block, tract, or parcel of real property in the
20redevelopment project area over and above the initial equalized
21assessed value of each property in the redevelopment project
22area. For the taxes which are extended for the 1997 levy year,
23the recovered tax increment value for a non-home rule taxing
24district that first became subject to this Law for the 1995
25levy year because a majority of its 1994 equalized assessed
26value was in an affected county or counties shall be increased

SB2206- 38 -LRB100 12543 HLH 25627 b
1if a municipality terminated the designation of an area in 1993
2as a redevelopment project area previously established under
3the Tax Increment Allocation Development Act in the Illinois
4Municipal Code, previously established under the Industrial
5Jobs Recovery Law in the Illinois Municipal Code, or previously
6established under the Economic Development Area Tax Increment
7Allocation Act, by an amount equal to the 1994 equalized
8assessed value of each taxable lot, block, tract, or parcel of
9real property in the redevelopment project area over and above
10the initial equalized assessed value of each property in the
11redevelopment project area. In the first year after a
12municipality removes a taxable lot, block, tract, or parcel of
13real property from a redevelopment project area established
14under the Tax Increment Allocation Development Act in the
15Illinois Municipal Code, the Industrial Jobs Recovery Law in
16the Illinois Municipal Code, or the Economic Development Area
17Tax Increment Allocation Act, "recovered tax increment value"
18means the amount of the current year's equalized assessed value
19of each taxable lot, block, tract, or parcel of real property
20removed from the redevelopment project area over and above the
21initial equalized assessed value of that real property before
22removal from the redevelopment project area.
23 Except as otherwise provided in this Section, "limiting
24rate" means a fraction the numerator of which is the last
25preceding aggregate extension base times an amount equal to one
26plus the extension limitation defined in this Section and the

SB2206- 39 -LRB100 12543 HLH 25627 b
1denominator of which is the current year's equalized assessed
2value of all real property in the territory under the
3jurisdiction of the taxing district during the prior levy year.
4For those taxing districts that reduced their aggregate
5extension for the last preceding levy year, the highest
6aggregate extension in any of the last 3 preceding levy years
7shall be used for the purpose of computing the limiting rate.
8The denominator shall not include new property or the recovered
9tax increment value. If a new rate, a rate decrease, or a
10limiting rate increase has been approved at an election held
11after March 21, 2006, then (i) the otherwise applicable
12limiting rate shall be increased by the amount of the new rate
13or shall be reduced by the amount of the rate decrease, as the
14case may be, or (ii) in the case of a limiting rate increase,
15the limiting rate shall be equal to the rate set forth in the
16proposition approved by the voters for each of the years
17specified in the proposition, after which the limiting rate of
18the taxing district shall be calculated as otherwise provided.
19In the case of a taxing district that obtained referendum
20approval for an increased limiting rate on March 20, 2012, the
21limiting rate for tax year 2012 shall be the rate that
22generates the approximate total amount of taxes extendable for
23that tax year, as set forth in the proposition approved by the
24voters; this rate shall be the final rate applied by the county
25clerk for the aggregate of all capped funds of the district for
26tax year 2012.

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1(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,
2eff. 7-27-15; 99-521, eff. 6-1-17.)
3 (35 ILCS 200/18-205)
4 Sec. 18-205. Referendum to increase the extension
5limitation.
6 (a) A taxing district is limited to an extension limitation
7as defined in Section 18-185 of 5% or the percentage increase
8in the Consumer Price Index during the 12-month calendar year
9preceding the levy year, whichever is less. A taxing district
10may increase its extension limitation for one or more levy
11years if that taxing district holds a referendum before the
12levy date for the first levy year at which a majority of voters
13voting on the issue approves adoption of a higher extension
14limitation. Referenda shall be conducted at a regularly
15scheduled election in accordance with the Election Code.
16 (b) The question shall be presented in substantially the
17following manner for all elections held after March 21, 2006:
18 Shall the extension limitation under the Property Tax
19 Extension Limitation Law for (insert the legal name,
20 number, if any, and county or counties of the taxing
21 district and geographic or other common name by which a
22 school or community college district is known and referred
23 to), Illinois, be increased from (applicable extension
24 limitation set forth in Section 18-185) the lesser of 5% or
25 the percentage increase in the Consumer Price Index over

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

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

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1proposed in the question and the otherwise applicable extension
2limitation under Section 18-185 the lesser of 5% or the
3percentage increase in the Consumer Price Index for the prior
4levy year (or an estimate of the percentage increase for the
5prior levy year if the increase is unavailable at the time the
6submission of the question is initiated by the taxing
7district); and dividing the result by the last known equalized
8assessed value of the taxing district at the time the
9submission of the question is initiated by the taxing district.
10This amendatory Act of the 97th General Assembly is intended to
11clarify the existing requirements of this Section, and shall
12not be construed to validate any prior non-compliant referendum
13language. Any notice required to be published in connection
14with the submission of the question shall also contain this
15supplemental information and shall not contain any other
16supplemental information. Any error, miscalculation, or
17inaccuracy in computing any amount set forth on the ballot or
18in the notice that is not deliberate shall not invalidate or
19affect the validity of any proposition approved. Notice of the
20referendum shall be published and posted as otherwise required
21by law, and the submission of the question shall be initiated
22as provided by law.
23(Source: P.A. 97-1087, eff. 8-24-12.)
24 (35 ILCS 200/18-214)
25 Sec. 18-214. Referenda on removal of the applicability of

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1the Property Tax Extension Limitation Law to non-home rule
2taxing districts.
3 (a) The provisions of this Section do not apply to a taxing
4district that is subject to this Law because a majority of its
51990 equalized assessed value is in a county or counties
6contiguous to a county of 3,000,000 or more inhabitants, or
7because a majority of its 1994 equalized assessed value is in
8an affected county and the taxing district was not subject to
9this Law before the 1995 levy year.
10 (b) For purposes of this Section only:
11 "Taxing district" means any non-home rule taxing district
12that became subject to this Law under Section 18-213 of this
13Law.
14 "Equalized assessed valuation" means the equalized
15assessed valuation for a taxing district for the immediately
16preceding levy year.
17 (c) The county board of a county that became subject to
18this Law by a referendum approved by the voters of the county
19under Section 18-213 may, by ordinance or resolution, in the
20manner set forth in this Section, submit to the voters of the
21county the question of whether this Law applies to all non-home
22rule taxing districts that have all or a portion of their
23equalized assessed valuation situated in the county in the
24manner set forth in this Section.
25 (d) The ordinance or resolution shall request the
26submission of the proposition at any election, except a

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

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1district beginning on January 1 of the year following the date
2of the referendum.
3 (g) With respect to taxing districts that do not have all
4of their equalized assessed valuation located in a single
5county, if both of the following conditions are met, then this
6Law shall no longer apply to the taxing district beginning on
7January 1 of the year following the date of the referendum.
8 (1) Each county in which the district has any equalized
9 assessed valuation must either, (i) have held a referendum
10 under this Section, (ii) be an affected county, or (iii)
11 have held a referendum under Section 18-213 at which the
12 voters rejected the proposition at the most recent election
13 at which the question was on the ballot in the county.
14 (2) The majority of the equalized assessed valuation of
15 the taxing district, other than any equalized assessed
16 valuation in an affected county, is in one or more counties
17 in which the voters rejected the proposition. For purposes
18 of this Section, in determining whether a majority of the
19 equalized assessed valuation of the taxing district is
20 located in one or more counties in which the voters have
21 rejected the proposition under this Section, the equalized
22 assessed valuation of any taxing district in a county which
23 has held a referendum under Section 18-213 at which the
24 voters rejected that proposition, at the most recent
25 election at which the question was on the ballot in the
26 county, will be included with the equalized assessed value

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1 of the taxing district in counties in which the voters have
2 rejected the referendum held under this Section.
3 (h) Immediately after a referendum is held under this
4Section, the county clerk of the county holding the referendum
5shall give notice of the referendum having been held and its
6results to all taxing districts that have all or a portion of
7their equalized assessed valuation located in the county, the
8county clerk of any other county in which any of the equalized
9assessed valuation of any such taxing district is located, and
10the Department of Revenue. After the last referendum affecting
11a multi-county taxing district is held, the Department of
12Revenue shall determine whether the taxing district is no
13longer subject to this Law and, if the taxing district is no
14longer subject to this Law, the Department of Revenue shall
15notify the taxing district and the county clerks of all of the
16counties in which a portion of the equalized assessed valuation
17of the taxing district is located that, beginning on January 1
18of the year following the date of the last referendum, the
19taxing district is no longer subject to this Law.
20 (i) Notwithstanding any other provision of law, no
21referenda may be held under this Section with respect to a
22school district for levy year 2017 or thereafter.
23(Source: P.A. 89-718, eff. 3-7-97.)
24 Section 95. No acceleration or delay. Where this Act makes
25changes in a statute that is represented in this Act by text

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1that is not yet or no longer in effect (for example, a Section
2represented by multiple versions), the use of that text does
3not accelerate or delay the taking effect of (i) the changes
4made by this Act or (ii) provisions derived from any other
5Public Act.
6 Section 99. Effective date. This Act takes effect upon
7becoming law.
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