Bill Text: IL HB3129 | 2015-2016 | 99th General Assembly | Introduced

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Bill Title: Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, beginning with the 2020 levy year, the Law applies to all taxing districts in the State (currently, the Law applies to non-home rule taxing districts in Cook County, non-home rule taxing districts in counties that are contiguous to Cook, and other taxing districts by referendum). Provides that, beginning in levy year 2020, the extension limitation shall be 1.75% or the rate of increase approved by voters (currently, (A) the lesser of 5% or the percentage increase in the Consumer Price Index during the 12-month calendar year preceding the levy year or (B) the rate of increase approved by voters). Preempts home rule powers. Provides that, beginning in levy year 2016, when calculating the equalized assessed value of property, the multiplier shall be applied to the mean value of the previous 3 general assessments. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.

Spectrum: Partisan Bill (Democrat 16-0)

Status: (Introduced - Dead) 2015-04-20 - Added Co-Sponsor Rep. Silvana Tabares [HB3129 Detail]

Download: Illinois-2015-HB3129-Introduced.html

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99TH GENERAL ASSEMBLY State of Illinois 2015 and 2016 HB3129 Introduced , by Rep. Jack D. Franks SYNOPSIS AS INTRODUCED:
35 ILCS 200/18-40
35 ILCS 200/18-185
35 ILCS 200/18-205
35 ILCS 200/18-212
35 ILCS 200/18-214
30 ILCS 805/8.39 new
Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that, beginning with the 2020 levy year, the Law applies to all taxing districts in the State (currently, the Law applies to non-home rule taxing districts in Cook County, non-home rule taxing districts in counties that are contiguous to Cook, and other taxing districts by referendum). Provides that, beginning in levy year 2020, the extension limitation shall be 1.75% or the rate of increase approved by voters (currently, (A) the lesser of 5% or the percentage increase in the Consumer Price Index during the 12-month calendar year preceding the levy year or (B) the rate of increase approved by voters). Preempts home rule powers. Provides that, beginning in levy year 2016, when calculating the equalized assessed value of property, the multiplier shall be applied to the mean value of the previous 3 general assessments. Amends the State Mandates Act to require implementation without reimbursement. Effective immediately.
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FISCAL NOTE ACT MAY APPLY HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY
A BILL FOR
HB3129 LRB099 04089 HLH 24108 b
AN ACT concerning revenue.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The Property Tax Code is amended by changing
Sections 18-40, 18-185, 18-205, 18-212, and 18-214 as follows:
(35 ILCS 200/18-40)
Sec. 18-40. Application of equalization factor. Each
county clerk shall apply the percentages certified by the
Department and enter the equalized valuations in the columns
provided for that purpose. The percentages certified by the
Department shall be applied to the assessed valuation of
property, as corrected and equalized by the board of review,
board of appeals, or local assessment officers. Beginning in
levy year 2016, the percentages certified by the Department
shall be applied to the mean value of the previous 3 general
assessments, as those values are corrected and equalized by the
board of review, board of appeals, or local assessment
officers. In all cases of extension of valuations where the
equalized valuations are fractional, the clerk shall reject all
fractions that fall below 50¢. Fractions of 50¢ or more shall
be extended as $1.
If the equalized assessed value of any property is less
than $150 for an assessment year, the county clerk may declare

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the imposition and collection of all tax for that year to be
extended on the parcel to be unfeasible and cancelled. No tax
shall be extended or collected on the parcel for that year and
the parcel shall not be sold for delinquent taxes.
(Source: P.A. 85-312; 88-455.)
(35 ILCS 200/18-185)
Sec. 18-185. Short title; definitions. This Division 5 may
be cited as the Property Tax Extension Limitation Law. As used
in this Division 5:
"Consumer Price Index" means the Consumer Price Index for
All Urban Consumers for all items published by the United
States Department of Labor.
"Extension limitation" means:
(1) for levy years prior to 2020, (a) the lesser of 5%
or the percentage increase in the Consumer Price Index
during the 12-month calendar year preceding the levy year
or (b) the rate of increase approved by voters under
Section 18-205; and .
(2) for levy year 2020 and thereafter, the greater of
(a) 1.75% or (b) the rate of increase approved by voters
under Section 18-205.
"Affected county" means a county of 3,000,000 or more
inhabitants or a county contiguous to a county of 3,000,000 or
more inhabitants.
"Taxing district" has the same meaning provided in Section

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1-150, except as otherwise provided in this Section. For the
1991 through 1994 levy years only, "taxing district" includes
only each non-home rule taxing district having the majority of
its 1990 equalized assessed value within any county or counties
contiguous to a county with 3,000,000 or more inhabitants.
Beginning with the 1995 levy year and until levy year 2020,
"taxing district" includes only each non-home rule taxing
district subject to this Law before the 1995 levy year and each
non-home rule taxing district not subject to this Law before
the 1995 levy year having the majority of its 1994 equalized
assessed value in an affected county or counties. Beginning
with the levy year in which this Law becomes applicable to a
taxing district as provided in Section 18-213, "taxing
district" also includes those taxing districts made subject to
this Law as provided in Section 18-213. Beginning with the 2020
levy year, "taxing district" means each taxing district in the
State, as defined in Section 1-150, including home rule units.
"Aggregate extension" for taxing districts to which this
Law applied before the 1995 levy year means the annual
corporate extension for the taxing district and those special
purpose extensions that are made annually for the taxing
district, excluding special purpose extensions: (a) made for
the taxing district to pay interest or principal on general
obligation bonds that were approved by referendum; (b) made for
any taxing district to pay interest or principal on general
obligation bonds issued before October 1, 1991; (c) made for

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any taxing district to pay interest or principal on bonds
issued to refund or continue to refund those bonds issued
before October 1, 1991; (d) made for any taxing district to pay
interest or principal on bonds issued to refund or continue to
refund bonds issued after October 1, 1991 that were approved by
referendum; (e) made for any taxing district to pay interest or
principal on revenue bonds issued before October 1, 1991 for
payment of which a property tax levy or the full faith and
credit of the unit of local government is pledged; however, a
tax for the payment of interest or principal on those bonds
shall be made only after the governing body of the unit of
local government finds that all other sources for payment are
insufficient to make those payments; (f) made for payments
under a building commission lease when the lease payments are
for the retirement of bonds issued by the commission before
October 1, 1991, to pay for the building project; (g) made for
payments due under installment contracts entered into before
October 1, 1991; (h) made for payments of principal and
interest on bonds issued under the Metropolitan Water
Reclamation District Act to finance construction projects
initiated before October 1, 1991; (i) made for payments of
principal and interest on limited bonds, as defined in Section
3 of the Local Government Debt Reform Act, in an amount not to
exceed the debt service extension base less the amount in items
(b), (c), (e), and (h) of this definition for non-referendum
obligations, except obligations initially issued pursuant to

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referendum; (j) made for payments of principal and interest on
bonds issued under Section 15 of the Local Government Debt
Reform Act; (k) made by a school district that participates in
the Special Education District of Lake County, created by
special education joint agreement under Section 10-22.31 of the
School Code, for payment of the school district's share of the
amounts required to be contributed by the Special Education
District of Lake County to the Illinois Municipal Retirement
Fund under Article 7 of the Illinois Pension Code; the amount
of any extension under this item (k) shall be certified by the
school district to the county clerk; (l) made to fund expenses
of providing joint recreational programs for the handicapped
under Section 5-8 of the Park District Code or Section 11-95-14
of the Illinois Municipal Code; (m) made for temporary
relocation loan repayment purposes pursuant to Sections 2-3.77
and 17-2.2d of the School Code; (n) made for payment of
principal and interest on any bonds issued under the authority
of Section 17-2.2d of the School Code; (o) made for
contributions to a firefighter's pension fund created under
Article 4 of the Illinois Pension Code, to the extent of the
amount certified under item (5) of Section 4-134 of the
Illinois Pension Code; and (p) made for road purposes in the
first year after a township assumes the rights, powers, duties,
assets, property, liabilities, obligations, and
responsibilities of a road district abolished under the
provisions of Section 6-133 of the Illinois Highway Code.

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"Aggregate extension" for the taxing districts to which
this Law did not apply before the 1995 levy year (except taxing
districts subject to this Law in accordance with Section
18-213) means the annual corporate extension for the taxing
district and those special purpose extensions that are made
annually for the taxing district, excluding special purpose
extensions: (a) made for the taxing district to pay interest or
principal on general obligation bonds that were approved by
referendum; (b) made for any taxing district to pay interest or
principal on general obligation bonds issued before March 1,
1995; (c) made for any taxing district to pay interest or
principal on bonds issued to refund or continue to refund those
bonds issued before March 1, 1995; (d) made for any taxing
district to pay interest or principal on bonds issued to refund
or continue to refund bonds issued after March 1, 1995 that
were approved by referendum; (e) made for any taxing district
to pay interest or principal on revenue bonds issued before
March 1, 1995 for payment of which a property tax levy or the
full faith and credit of the unit of local government is
pledged; however, a tax for the payment of interest or
principal on those bonds shall be made only after the governing
body of the unit of local government finds that all other
sources for payment are insufficient to make those payments;
(f) made for payments under a building commission lease when
the lease payments are for the retirement of bonds issued by
the commission before March 1, 1995 to pay for the building

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project; (g) made for payments due under installment contracts
entered into before March 1, 1995; (h) made for payments of
principal and interest on bonds issued under the Metropolitan
Water Reclamation District Act to finance construction
projects initiated before October 1, 1991; (h-4) made for
stormwater management purposes by the Metropolitan Water
Reclamation District of Greater Chicago under Section 12 of the
Metropolitan Water Reclamation District Act; (i) made for
payments of principal and interest on limited bonds, as defined
in Section 3 of the Local Government Debt Reform Act, in an
amount not to exceed the debt service extension base less the
amount in items (b), (c), and (e) of this definition for
non-referendum obligations, except obligations initially
issued pursuant to referendum and bonds described in subsection
(h) of this definition; (j) made for payments of principal and
interest on bonds issued under Section 15 of the Local
Government Debt Reform Act; (k) made for payments of principal
and interest on bonds authorized by Public Act 88-503 and
issued under Section 20a of the Chicago Park District Act for
aquarium or museum projects; (l) made for payments of principal
and interest on bonds authorized by Public Act 87-1191 or
93-601 and (i) issued pursuant to Section 21.2 of the Cook
County Forest Preserve District Act, (ii) issued under Section
42 of the Cook County Forest Preserve District Act for
zoological park projects, or (iii) issued under Section 44.1 of
the Cook County Forest Preserve District Act for botanical

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gardens projects; (m) made pursuant to Section 34-53.5 of the
School Code, whether levied annually or not; (n) made to fund
expenses of providing joint recreational programs for the
handicapped under Section 5-8 of the Park District Code or
Section 11-95-14 of the Illinois Municipal Code; (o) made by
the Chicago Park District for recreational programs for the
handicapped under subsection (c) of Section 7.06 of the Chicago
Park District Act; (p) made for contributions to a
firefighter's pension fund created under Article 4 of the
Illinois Pension Code, to the extent of the amount certified
under item (5) of Section 4-134 of the Illinois Pension Code;
and (q) made by Ford Heights School District 169 under Section
17-9.02 of the School Code.
"Aggregate extension" for all taxing districts to which
this Law applies in accordance with Section 18-213, except for
those taxing districts subject to paragraph (2) of subsection
(e) of Section 18-213, means the annual corporate extension for
the taxing district and those special purpose extensions that
are made annually for the taxing district, excluding special
purpose extensions: (a) made for the taxing district to pay
interest or principal on general obligation bonds that were
approved by referendum; (b) made for any taxing district to pay
interest or principal on general obligation bonds issued before
the date on which the referendum making this Law applicable to
the taxing district is held; (c) made for any taxing district
to pay interest or principal on bonds issued to refund or

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continue to refund those bonds issued before the date on which
the referendum making this Law applicable to the taxing
district is held; (d) made for any taxing district to pay
interest or principal on bonds issued to refund or continue to
refund bonds issued after the date on which the referendum
making this Law applicable to the taxing district is held if
the bonds were approved by referendum after the date on which
the referendum making this Law applicable to the taxing
district is held; (e) made for any taxing district to pay
interest or principal on revenue bonds issued before the date
on which the referendum making this Law applicable to the
taxing district is held for payment of which a property tax
levy or the full faith and credit of the unit of local
government is pledged; however, a tax for the payment of
interest or principal on those bonds shall be made only after
the governing body of the unit of local government finds that
all other sources for payment are insufficient to make those
payments; (f) made for payments under a building commission
lease when the lease payments are for the retirement of bonds
issued by the commission before the date on which the
referendum making this Law applicable to the taxing district is
held to pay for the building project; (g) made for payments due
under installment contracts entered into before the date on
which the referendum making this Law applicable to the taxing
district is held; (h) made for payments of principal and
interest on limited bonds, as defined in Section 3 of the Local

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

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are made annually for the taxing district, excluding special
purpose extensions: (a) made for the taxing district to pay
interest or principal on general obligation bonds that were
approved by referendum; (b) made for any taxing district to pay
interest or principal on general obligation bonds issued before
the effective date of this amendatory Act of 1997; (c) made for
any taxing district to pay interest or principal on bonds
issued to refund or continue to refund those bonds issued
before the effective date of this amendatory Act of 1997; (d)
made for any taxing district to pay interest or principal on
bonds issued to refund or continue to refund bonds issued after
the effective date of this amendatory Act of 1997 if the bonds
were approved by referendum after the effective date of this
amendatory Act of 1997; (e) made for any taxing district to pay
interest or principal on revenue bonds issued before the
effective date of this amendatory Act of 1997 for payment of
which a property tax levy or the full faith and credit of the
unit of local government is pledged; however, a tax for the
payment of interest or principal on those bonds shall be made
only after the governing body of the unit of local government
finds that all other sources for payment are insufficient to
make those payments; (f) made for payments under a building
commission lease when the lease payments are for the retirement
of bonds issued by the commission before the effective date of
this amendatory Act of 1997 to pay for the building project;
(g) made for payments due under installment contracts entered

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into before the effective date of this amendatory Act of 1997;
(h) made for payments of principal and interest on limited
bonds, as defined in Section 3 of the Local Government Debt
Reform Act, in an amount not to exceed the debt service
extension base less the amount in items (b), (c), and (e) of
this definition for non-referendum obligations, except
obligations initially issued pursuant to referendum; (i) made
for payments of principal and interest on bonds issued under
Section 15 of the Local Government Debt Reform Act; (j) made
for a qualified airport authority to pay interest or principal
on general obligation bonds issued for the purpose of paying
obligations due under, or financing airport facilities
required to be acquired, constructed, installed or equipped
pursuant to, contracts entered into before March 1, 1996 (but
not including any amendments to such a contract taking effect
on or after that date); (k) made to fund expenses of providing
joint recreational programs for the handicapped under Section
5-8 of the Park District Code or Section 11-95-14 of the
Illinois Municipal Code; and (l) made for contributions to a
firefighter's pension fund created under Article 4 of the
Illinois Pension Code, to the extent of the amount certified
under item (5) of Section 4-134 of the Illinois Pension Code.
For all other taxing districts, beginning with the 2020
levy year, "aggregate extension" means the annual corporate
extension for the taxing district and those special purpose
levies which are made annually (other than debt service levies

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and levies made for the purpose of paying amounts due under
public building commission leases).
"Debt service extension base" means an amount equal to that
portion of the extension for a taxing district for the 1994
levy year, or for those taxing districts subject to this Law in
accordance with Section 18-213, except for those subject to
paragraph (2) of subsection (e) of Section 18-213, for the levy
year in which the referendum making this Law applicable to the
taxing district is held, or for those taxing districts subject
to this Law in accordance with paragraph (2) of subsection (e)
of Section 18-213 for the 1996 levy year, or for all other
taxing districts, for levy year 2020, constituting an extension
for payment of principal and interest on bonds issued by the
taxing district without referendum, but not including excluded
non-referendum bonds. For park districts (i) that were first
subject to this Law in 1991 or 1995 and (ii) whose extension
for the 1994 levy year for the payment of principal and
interest on bonds issued by the park district without
referendum (but not including excluded non-referendum bonds)
was less than 51% of the amount for the 1991 levy year
constituting an extension for payment of principal and interest
on bonds issued by the park district without referendum (but
not including excluded non-referendum bonds), "debt service
extension base" means an amount equal to that portion of the
extension for the 1991 levy year constituting an extension for
payment of principal and interest on bonds issued by the park

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district without referendum (but not including excluded
non-referendum bonds). A debt service extension base
established or increased at any time pursuant to any provision
of this Law, except Section 18-212, shall be increased each
year commencing with the later of (i) the 2009 levy year or
(ii) the first levy year in which this Law becomes applicable
to the taxing district, by (A) until levy year 2020, the lesser
of 5% or the percentage increase in the Consumer Price Index
during the 12-month calendar year preceding the levy year and
(B) for levy year 2020 and thereafter, 1.75%. The debt service
extension base may be established or increased as provided
under Section 18-212. "Excluded non-referendum bonds" means
(i) bonds authorized by Public Act 88-503 and issued under
Section 20a of the Chicago Park District Act for aquarium and
museum projects; (ii) bonds issued under Section 15 of the
Local Government Debt Reform Act; or (iii) refunding
obligations issued to refund or to continue to refund
obligations initially issued pursuant to referendum.
"Special purpose extensions" include, but are not limited
to, extensions for levies made on an annual basis for
unemployment and workers' compensation, self-insurance,
contributions to pension plans, and extensions made pursuant to
Section 6-601 of the Illinois Highway Code for a road
district's permanent road fund whether levied annually or not.
The extension for a special service area is not included in the
aggregate extension.

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"Aggregate extension base" means the taxing district's
last preceding aggregate extension as adjusted under Sections
18-135, 18-215, and 18-230. An adjustment under Section 18-135
shall be made for the 2007 levy year and all subsequent levy
years whenever one or more counties within which a taxing
district is located (i) used estimated valuations or rates when
extending taxes in the taxing district for the last preceding
levy year that resulted in the over or under extension of
taxes, or (ii) increased or decreased the tax extension for the
last preceding levy year as required by Section 18-135(c).
Whenever an adjustment is required under Section 18-135, the
aggregate extension base of the taxing district shall be equal
to the amount that the aggregate extension of the taxing
district would have been for the last preceding levy year if
either or both (i) actual, rather than estimated, valuations or
rates had been used to calculate the extension of taxes for the
last levy year, or (ii) the tax extension for the last
preceding levy year had not been adjusted as required by
subsection (c) of Section 18-135.
Notwithstanding any other provision of law, for levy year
2012, the aggregate extension base for West Northfield School
District No. 31 in Cook County shall be $12,654,592.
"Levy year" has the same meaning as "year" under Section
1-155.
"New property" means (i) the assessed value, after final
board of review or board of appeals action, of new improvements

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

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applicable to the 1995 tax year calculations.
"Qualified airport authority" means an airport authority
organized under the Airport Authorities Act and located in a
county bordering on the State of Wisconsin and having a
population in excess of 200,000 and not greater than 500,000.
"Recovered tax increment value" means, except as otherwise
provided in this paragraph, the amount of the current year's
equalized assessed value, in the first year after a
municipality terminates the designation of an area as a
redevelopment project area previously established under the
Tax Increment Allocation Development Act in the Illinois
Municipal Code, previously established under the Industrial
Jobs Recovery Law in the Illinois Municipal Code, previously
established under the Economic Development Project Area Tax
Increment Act of 1995, or previously established under the
Economic Development Area Tax Increment Allocation Act, of each
taxable lot, block, tract, or parcel of real property in the
redevelopment project area over and above the initial equalized
assessed value of each property in the redevelopment project
area. For the taxes which are extended for the 1997 levy year,
the recovered tax increment value for a non-home rule taxing
district that first became subject to this Law for the 1995
levy year because a majority of its 1994 equalized assessed
value was in an affected county or counties shall be increased
if a municipality terminated the designation of an area in 1993
as a redevelopment project area previously established under

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the Tax Increment Allocation Development Act in the Illinois
Municipal Code, previously established under the Industrial
Jobs Recovery Law in the Illinois Municipal Code, or previously
established under the Economic Development Area Tax Increment
Allocation Act, by an amount equal to the 1994 equalized
assessed value of each taxable lot, block, tract, or parcel of
real property in the redevelopment project area over and above
the initial equalized assessed value of each property in the
redevelopment project area. In the first year after a
municipality removes a taxable lot, block, tract, or parcel of
real property from a redevelopment project area established
under the Tax Increment Allocation Development Act in the
Illinois Municipal Code, the Industrial Jobs Recovery Law in
the Illinois Municipal Code, or the Economic Development Area
Tax Increment Allocation Act, "recovered tax increment value"
means the amount of the current year's equalized assessed value
of each taxable lot, block, tract, or parcel of real property
removed from the redevelopment project area over and above the
initial equalized assessed value of that real property before
removal from the redevelopment project area.
Except as otherwise provided in this Section, "limiting
rate" means a fraction the numerator of which is the last
preceding aggregate extension base times an amount equal to one
plus the extension limitation defined in this Section and the
denominator of which is the current year's equalized assessed
value of all real property in the territory under the

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jurisdiction of the taxing district during the prior levy year.
For those taxing districts that reduced their aggregate
extension for the last preceding levy year, the highest
aggregate extension in any of the last 3 preceding levy years
shall be used for the purpose of computing the limiting rate.
The denominator shall not include new property or the recovered
tax increment value. If a new rate, a rate decrease, or a
limiting rate increase has been approved at an election held
after March 21, 2006, then (i) the otherwise applicable
limiting rate shall be increased by the amount of the new rate
or shall be reduced by the amount of the rate decrease, as the
case may be, or (ii) in the case of a limiting rate increase,
the limiting rate shall be equal to the rate set forth in the
proposition approved by the voters for each of the years
specified in the proposition, after which the limiting rate of
the taxing district shall be calculated as otherwise provided.
In the case of a taxing district that obtained referendum
approval for an increased limiting rate on March 20, 2012, the
limiting rate for tax year 2012 shall be the rate that
generates the approximate total amount of taxes extendable for
that tax year, as set forth in the proposition approved by the
voters; this rate shall be the final rate applied by the county
clerk for the aggregate of all capped funds of the district for
tax year 2012.
The changes made by this amendatory Act of the 99th General
Assembly are a denial and limitation, under subsection (g) of

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Section 6 of Article VII of the Illinois Constitution, on the
power of home rule units to tax.
(Source: P.A. 97-611, eff. 1-1-12; 97-1154, eff. 1-25-13; 98-6,
eff. 3-29-13; 98-23, eff. 6-17-13.)
(35 ILCS 200/18-205)
Sec. 18-205. Referendum to increase the extension
limitation. For levy years prior to levy year 2020, a A taxing
district is limited to an extension limitation of 5% or the
percentage increase in the Consumer Price Index during the
12-month calendar year preceding the levy year, whichever is
less. Beginning in levy year 2020, a taxing district is limited
to an extension limitation of 1.75%. A taxing district may
increase its extension limitation for one or more levy years if
that taxing district holds a referendum before the levy date
for the first levy year at which a majority of voters voting on
the issue approves adoption of a higher extension limitation.
Referenda shall be conducted at a regularly scheduled election
in accordance with the Election Code. The question shall be
presented in substantially the following manner for all
elections held after March 21, 2006:
Shall the extension limitation under the Property Tax
Extension Limitation Law for (insert the legal name,
number, if any, and county or counties of the taxing
district and geographic or other common name by which a
school or community college district is known and referred

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

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

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extension base of the taxing district at the time the
submission of the question is initiated by the taxing district;
and (iv) the difference between the percentage increase
proposed in the question and the extension limitation (for levy
years in which the percentage increase in the Consumer Price
Index is used to calculate the extension limitation, lesser of
5% or the percentage increase in the Consumer Price Index for
the prior levy year (or an estimate of the percentage increase
for the prior levy year may be used if the increase is
unavailable at the time the submission of the question is
initiated by the taxing district); and dividing the result by
the last known equalized assessed value of the taxing district
at the time the submission of the question is initiated by the
taxing district. This amendatory Act of the 97th General
Assembly is intended to clarify the existing requirements of
this Section, and shall not be construed to validate any prior
non-compliant referendum language. Any notice required to be
published in connection with the submission of the question
shall also contain this supplemental information and shall not
contain any other supplemental information. Any error,
miscalculation, or inaccuracy in computing any amount set forth
on the ballot or in the notice that is not deliberate shall not
invalidate or affect the validity of any proposition approved.
Notice of the referendum shall be published and posted as
otherwise required by law, and the submission of the question
shall be initiated as provided by law.

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(Source: P.A. 97-1087, eff. 8-24-12.)
(35 ILCS 200/18-212)
Sec. 18-212. Referendum on debt service extension base. A
taxing district may establish or increase its debt service
extension base if (i) that taxing district holds a referendum
before the date on which the levy must be filed with the county
clerk of the county or counties in which the taxing district is
situated and (ii) a majority of voters voting on the issue
approves the establishment of or increase in the debt service
extension base. A debt service extension base established or
increased by a referendum held pursuant to this Section after
February 2, 2010, shall be increased each year, commencing with
the first levy year beginning after the date of the referendum,
by (1) for levy years prior to levy year 2020, the lesser of 5%
or the percentage increase in the Consumer Price Index during
the 12-month calendar year preceding the levy year or (2) for
levy year 2020 and thereafter, 1.75%, if the optional language
concerning the annual increase is included in the question
submitted to the electors of the taxing district. Referenda
under this Section shall be conducted at a regularly scheduled
election in accordance with the Election Code. The governing
body of the taxing district shall certify the question to the
proper election authorities who shall submit the question to
the electors of the taxing district in substantially the
following form:

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"Shall the debt service extension base under the Property
Tax Extension Limitation Law for ... (taxing district name)
... for payment of principal and interest on limited bonds
be .... ((established at $ ....) . (or) (increased from $
.... to $ ....)) .. for the ..... levy year and all
subsequent levy years (optional language: , such debt
service extension base to be increased each year by (debt
service extension limitation) the lesser of 5% or the
percentage increase in the Consumer Price Index during the
12-month calendar year preceding the levy year)?"
Votes on the question shall be recorded as "Yes" or "No".
If a majority of voters voting on the issue approves the
establishment of or increase in the debt service extension
base, the establishment of or increase in the debt service
extension base shall be applicable for the levy years
specified.
(Source: P.A. 96-1202, eff. 7-22-10.)
(35 ILCS 200/18-214)
Sec. 18-214. Referenda on removal of the applicability of
the Property Tax Extension Limitation Law to non-home rule
taxing districts.
(a) The provisions of this Section do not apply to a taxing
district that is subject to this Law because a majority of its
1990 equalized assessed value is in a county or counties
contiguous to a county of 3,000,000 or more inhabitants, or

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because a majority of its 1994 equalized assessed value is in
an affected county and the taxing district was not subject to
this Law before the 1995 levy year.
(b) For purposes of this Section only:
"Taxing district" means any non-home rule taxing district
that became subject to this Law under Section 18-213 of this
Law.
"Equalized assessed valuation" means the equalized
assessed valuation for a taxing district for the immediately
preceding levy year.
(c) The county board of a county that became subject to
this Law by a referendum approved by the voters of the county
under Section 18-213 may, by ordinance or resolution, in the
manner set forth in this Section, submit to the voters of the
county the question of whether this Law applies to all non-home
rule taxing districts that have all or a portion of their
equalized assessed valuation situated in the county in the
manner set forth in this Section.
(d) The ordinance or resolution shall request the
submission of the proposition at any election, except a
consolidated primary election, for the purpose of voting for or
against the continued application of the Property Tax Extension
Limitation Law to all non-home rule taxing districts that have
all or a portion of their equalized assessed valuation situated
in the county.
The question shall be placed on a separate ballot and shall

HB3129 - 27 - LRB099 04089 HLH 24108 b
be in substantially the following form:
Shall the Property Tax Extension Limitation Law (35
ILCS 200/18-185 through 35 ILCS 200/18-245), which limits
annual property tax extension increases, apply to non-home
rule taxing districts with all or a portion of their
equalized assessed valuation located in (name of county)?
Votes on the question shall be recorded as "yes" or "no".
(e) The county clerk shall order the proposition submitted
to the electors of the county at the election specified in the
ordinance or resolution. If part of the county is under the
jurisdiction of a board or boards of election commissioners,
the county clerk shall submit a certified copy of the ordinance
or resolution to each board of election commissioners, which
shall order the proposition submitted to the electors of the
taxing district within its jurisdiction at the election
specified in the ordinance or resolution.
(f) With respect to taxing districts having all of their
equalized assessed valuation located in one county, if a
majority of the votes cast on the proposition are against the
proposition, then this Law shall not apply to the taxing
district beginning on January 1 of the year following the date
of the referendum.
(g) With respect to taxing districts that do not have all
of their equalized assessed valuation located in a single
county, if both of the following conditions are met, then this
Law shall no longer apply to the taxing district beginning on

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January 1 of the year following the date of the referendum.
(1) Each county in which the district has any equalized
assessed valuation must either, (i) have held a referendum
under this Section, (ii) be an affected county, or (iii)
have held a referendum under Section 18-213 at which the
voters rejected the proposition at the most recent election
at which the question was on the ballot in the county.
(2) The majority of the equalized assessed valuation of
the taxing district, other than any equalized assessed
valuation in an affected county, is in one or more counties
in which the voters rejected the proposition. For purposes
of this Section, in determining whether a majority of the
equalized assessed valuation of the taxing district is
located in one or more counties in which the voters have
rejected the proposition under this Section, the equalized
assessed valuation of any taxing district in a county which
has held a referendum under Section 18-213 at which the
voters rejected that proposition, at the most recent
election at which the question was on the ballot in the
county, will be included with the equalized assessed value
of the taxing district in counties in which the voters have
rejected the referendum held under this Section.
(h) Immediately after a referendum is held under this
Section, the county clerk of the county holding the referendum
shall give notice of the referendum having been held and its
results to all taxing districts that have all or a portion of

HB3129 - 29 - LRB099 04089 HLH 24108 b
their equalized assessed valuation located in the county, the
county clerk of any other county in which any of the equalized
assessed valuation of any such taxing district is located, and
the Department of Revenue. After the last referendum affecting
a multi-county taxing district is held, the Department of
Revenue shall determine whether the taxing district is no
longer subject to this Law and, if the taxing district is no
longer subject to this Law, the Department of Revenue shall
notify the taxing district and the county clerks of all of the
counties in which a portion of the equalized assessed valuation
of the taxing district is located that, beginning on January 1
of the year following the date of the last referendum, the
taxing district is no longer subject to this Law.
(i) This Section does not apply to the 2020 levy year or
any subsequent levy year. If the voters of a taxing district
approve a referendum under this Section prior to the 2020 levy
year, then that district shall again become subject to this Law
beginning in the 2020 levy year.
(Source: P.A. 89-718, eff. 3-7-97.)
Section 90. The State Mandates Act is amended by adding
Section 8.39 as follows:
(30 ILCS 805/8.39 new)
Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8
of this Act, no reimbursement by the State is required for the

HB3129 - 30 - LRB099 04089 HLH 24108 b
implementation of any mandate created by this amendatory Act of
the 99th General Assembly.
Section 99. Effective date. This Act takes effect upon
becoming law.