Rep. Jack D. Franks
Filed: 10/19/2011
 
 


 




09700SB2073ham004LRB097 06332 HLH 58441 a



1
AMENDMENT TO SENATE BILL 2073 




2 AMENDMENT NO. ______. Amend Senate Bill 2073, AS AMENDED, 
3by replacing everything after the enacting clause with the 
4following:


5 "Section 5. The Property Tax Code is amended by changing 
6Sections 18-185 and 18-205 as follows:

7 (35 ILCS 200/18-185)

8 Sec. 18-185. Short title; definitions.  This Division 5 may 
9be cited as the
Property Tax Extension Limitation Law. As used 
10in this Division 5:


11 "Consumer Price Index" means the Consumer Price Index for 
12All Urban
Consumers for all items published by the United 
13States Department of Labor.


14 "Extension limitation" means (a) the lesser of 5% or the 
15percentage increase
in the Consumer Price Index during the 
1612-month calendar year preceding the
levy year or (b) the rate 
 
 
09700SB2073ham004- 2 -LRB097 06332 HLH 58441 a


1of increase approved by voters under Section 18-205.

2Notwithstanding any other provision of law, if the total 
3equalized assessed value of all taxable property in the taxing 
4district for the current levy year (excluding new property, 
5recovered tax increment value, and property that is annexed to 
6or disconnected from the taxing district in the current levy 
7year) is less than the total equalized assessed value of all 
8taxable property in the taxing district for the previous levy 
9year, then the extension limitation is (a) 0% or (b) the rate 
10of increase approved by voters under Section 18-205.

11 "Affected county" means a county of 3,000,000 or more 
12inhabitants or a
county contiguous to a county of 3,000,000 or 
13more inhabitants.


14 "Taxing district" has the same meaning provided in Section 
151-150, except as
otherwise provided in this Section. For the 
161991 through 1994 levy years only,
"taxing district" includes 
17only each non-home rule taxing district having the
majority of 
18its
1990 equalized assessed value within any county or counties 
19contiguous to a
county with 3,000,000 or more inhabitants. 
20Beginning with the 1995 levy
year, "taxing district" includes 
21only each non-home rule taxing district
subject to this Law 
22before the 1995 levy year and each non-home rule
taxing 
23district not subject to this Law before the 1995 levy year 
24having the
majority of its 1994 equalized assessed value in an 
25affected county or
counties. Beginning with the levy year in

26which this Law becomes applicable to a taxing district as

 
 
09700SB2073ham004- 3 -LRB097 06332 HLH 58441 a


1provided in Section 18-213, "taxing district" also includes 
2those taxing
districts made subject to this Law as provided in 
3Section 18-213.


4 "Aggregate extension" for taxing districts to which this 
5Law applied before
the 1995 levy year means the annual 
6corporate extension for the taxing
district and those special 
7purpose extensions that are made annually for
the taxing 
8district, excluding special purpose extensions: (a) made for 
9the
taxing district to pay interest or principal on general 
10obligation bonds
that were approved by referendum; (b) made for 
11any taxing district to pay
interest or principal on general 
12obligation bonds issued before October 1,
1991; (c) made for 
13any taxing district to pay interest or principal on bonds

14issued to refund or continue to refund those bonds issued 
15before October 1,
1991; (d)
made for any taxing district to pay 
16interest or principal on bonds
issued to refund or continue to 
17refund bonds issued after October 1, 1991 that
were approved by 
18referendum; (e)
made for any taxing district to pay interest
or 
19principal on revenue bonds issued before October 1, 1991 for 
20payment of
which a property tax levy or the full faith and 
21credit of the unit of local
government is pledged; however, a 
22tax for the payment of interest or principal
on those bonds 
23shall be made only after the governing body of the unit of 
24local
government finds that all other sources for payment are 
25insufficient to make
those payments; (f) made for payments 
26under a building commission lease when
the lease payments are 
 
 
09700SB2073ham004- 4 -LRB097 06332 HLH 58441 a


1for the retirement of bonds issued by the commission
before 
2October 1, 1991, to pay for the building project; (g) made for 
3payments
due under installment contracts entered into before 
4October 1, 1991;
(h) made for payments of principal and 
5interest on bonds issued under the
Metropolitan Water 
6Reclamation District Act to finance construction projects

7initiated before October 1, 1991; (i) made for payments of 
8principal and
interest on limited bonds, as defined in Section 
93 of the Local Government Debt
Reform Act, in an amount not to 
10exceed the debt service extension base less
the amount in items 
11(b), (c), (e), and (h) of this definition for
non-referendum 
12obligations, except obligations initially issued pursuant to

13referendum; (j) made for payments of principal and interest on 
14bonds
issued under Section 15 of the Local Government Debt 
15Reform Act; (k)
made
by a school district that participates in 
16the Special Education District of
Lake County, created by 
17special education joint agreement under Section
10-22.31 of the 
18School Code, for payment of the school district's share of the

19amounts required to be contributed by the Special Education 
20District of Lake
County to the Illinois Municipal Retirement 
21Fund under Article 7 of the
Illinois Pension Code; the amount 
22of any extension under this item (k) shall be
certified by the 
23school district to the county clerk; (l) made to fund
expenses 
24of providing joint recreational programs for the handicapped 
25under
Section 5-8 of
the
Park District Code or Section 11-95-14 
26of the Illinois Municipal Code; (m) made for temporary 
 
 
09700SB2073ham004- 5 -LRB097 06332 HLH 58441 a


1relocation loan repayment purposes pursuant to Sections 2-3.77 
2and 17-2.2d of the School Code; (n) made for payment of 
3principal and interest on any bonds issued under the authority 
4of Section 17-2.2d of the School Code; (o) made for 
5contributions to a firefighter's pension fund created under 
6Article 4 of the Illinois Pension Code, to the extent of the 
7amount certified under item (5) of Section 4-134 of the 
8Illinois Pension Code; and (p) made for road purposes in the 
9first year after a township assumes the rights, powers, duties, 
10assets, property, liabilities, obligations, and

11responsibilities of a road district abolished under the 
12provisions of Section 6-133 of the Illinois Highway Code.


13 "Aggregate extension" for the taxing districts to which 
14this Law did not
apply before the 1995 levy year (except taxing 
15districts subject to this Law
in
accordance with Section 
1618-213) means the annual corporate extension for the
taxing 
17district and those special purpose extensions that are made 
18annually for
the taxing district, excluding special purpose 
19extensions: (a) made for the
taxing district to pay interest or 
20principal on general obligation bonds that
were approved by 
21referendum; (b) made for any taxing district to pay interest
or 
22principal on general obligation bonds issued before March 1, 
231995; (c) made
for any taxing district to pay interest or 
24principal on bonds issued to refund
or continue to refund those 
25bonds issued before March 1, 1995; (d) made for any
taxing 
26district to pay interest or principal on bonds issued to refund 
 
 
09700SB2073ham004- 6 -LRB097 06332 HLH 58441 a


1or
continue to refund bonds issued after March 1, 1995 that 
2were approved by
referendum; (e) made for any taxing district 
3to pay interest or principal on
revenue bonds issued before 
4March 1, 1995 for payment of which a property tax
levy or the 
5full faith and credit of the unit of local government is 
6pledged;
however, a tax for the payment of interest or 
7principal on those bonds shall be
made only after the governing 
8body of the unit of local government finds that
all other 
9sources for payment are insufficient to make those payments; 
10(f) made
for payments under a building commission lease when 
11the lease payments are for
the retirement of bonds issued by 
12the commission before March 1, 1995 to
pay for the building 
13project; (g) made for payments due under installment
contracts 
14entered into before March 1, 1995; (h) made for payments of

15principal and interest on bonds issued under the Metropolitan 
16Water Reclamation
District Act to finance construction 
17projects initiated before October 1,
1991; (h-4) made for 
18stormwater management purposes by the Metropolitan Water 
19Reclamation District of Greater Chicago under Section 12 of the 
20Metropolitan Water Reclamation District Act; (i) made for 
21payments of principal and interest on limited bonds,
as defined 
22in Section 3 of the Local Government Debt Reform Act, in an 
23amount
not to exceed the debt service extension base less the 
24amount in items (b),
(c), and (e) of this definition for 
25non-referendum obligations, except
obligations initially 
26issued pursuant to referendum and bonds described in
subsection 
 
 
09700SB2073ham004- 7 -LRB097 06332 HLH 58441 a


1(h) of this definition; (j) made for payments of
principal and 
2interest on bonds issued under Section 15 of the Local 
3Government
Debt Reform Act; (k) made for payments of principal 
4and interest on bonds
authorized by Public Act 88-503 and 
5issued under Section 20a of the Chicago
Park District Act for 
6aquarium or
museum projects; (l) made for payments of principal 
7and interest on
bonds
authorized by Public Act 87-1191 or 
893-601 and (i) issued pursuant to Section 21.2 of the Cook 
9County Forest
Preserve District Act, (ii) issued under Section 
1042 of the Cook County
Forest Preserve District Act for 
11zoological park projects, or (iii) issued
under Section 44.1 of 
12the Cook County Forest Preserve District Act for
botanical 
13gardens projects; (m) made
pursuant
to Section 34-53.5 of the 
14School Code, whether levied annually or not;
(n) made to fund 
15expenses of providing joint recreational programs for the

16handicapped under Section 5-8 of the Park
District Code or 
17Section 11-95-14 of the Illinois Municipal Code;
(o) made by 
18the
Chicago Park
District for recreational programs for the 
19handicapped under subsection (c) of
Section
7.06 of the Chicago 
20Park District Act; (p) made for contributions to a 
21firefighter's pension fund created under Article 4 of the 
22Illinois Pension Code, to the extent of the amount certified 
23under item (5) of Section 4-134 of the Illinois Pension Code; 
24and (q) made by Ford Heights School District 169 under Section 
2517-9.02 of the School Code.


26 "Aggregate extension" for all taxing districts to which 
 
 
09700SB2073ham004- 8 -LRB097 06332 HLH 58441 a


1this Law applies in
accordance with Section 18-213, except for 
2those taxing districts subject to
paragraph (2) of subsection 
3(e) of Section 18-213, means the annual corporate
extension for 
4the
taxing district and those special purpose extensions that 
5are made annually for
the taxing district, excluding special 
6purpose extensions: (a) made for the
taxing district to pay 
7interest or principal on general obligation bonds that
were 
8approved by referendum; (b) made for any taxing district to pay 
9interest
or principal on general obligation bonds issued before 
10the date on which the
referendum making this
Law applicable to 
11the taxing district is held; (c) made
for any taxing district 
12to pay interest or principal on bonds issued to refund
or 
13continue to refund those bonds issued before the date on which 
14the
referendum making this Law
applicable to the taxing 
15district is held;
(d) made for any
taxing district to pay 
16interest or principal on bonds issued to refund or
continue to 
17refund bonds issued after the date on which the referendum 
18making
this Law
applicable to the taxing district is held if 
19the bonds were approved by
referendum after the date on which 
20the referendum making this Law
applicable to the taxing 
21district is held; (e) made for any
taxing district to pay 
22interest or principal on
revenue bonds issued before the date 
23on which the referendum making this Law
applicable to the

24taxing district is held for payment of which a property tax

25levy or the full faith and credit of the unit of local 
26government is pledged;
however, a tax for the payment of 
 
 
09700SB2073ham004- 9 -LRB097 06332 HLH 58441 a


1interest or principal on those bonds shall be
made only after 
2the governing body of the unit of local government finds that

3all other sources for payment are insufficient to make those 
4payments; (f) made
for payments under a building commission 
5lease when the lease payments are for
the retirement of bonds 
6issued by the commission before the date on which the

7referendum making this
Law applicable to the taxing district is 
8held to
pay for the building project; (g) made for payments due 
9under installment
contracts entered into before the date on 
10which the referendum making this Law
applicable to
the taxing 
11district is held;
(h) made for payments
of principal and 
12interest on limited bonds,
as defined in Section 3 of the Local 
13Government Debt Reform Act, in an amount
not to exceed the debt 
14service extension base less the amount in items (b),
(c), and 
15(e) of this definition for non-referendum obligations, except

16obligations initially issued pursuant to referendum; (i) made 
17for payments
of
principal and interest on bonds issued under 
18Section 15 of the Local Government
Debt Reform Act;
(j)
made 
19for a qualified airport authority to pay interest or principal 
20on
general obligation bonds issued for the purpose of paying 
21obligations due
under, or financing airport facilities 
22required to be acquired, constructed,
installed or equipped 
23pursuant to, contracts entered into before March
1, 1996 (but 
24not including any amendments to such a contract taking effect 
25on
or after that date); (k) made to fund expenses of providing 
26joint
recreational programs for the handicapped under Section 
 
 
09700SB2073ham004- 10 -LRB097 06332 HLH 58441 a


15-8 of
the
Park District Code or Section 11-95-14 of the 
2Illinois Municipal Code; (l) made for contributions to a 
3firefighter's pension fund created under Article 4 of the 
4Illinois Pension Code, to the extent of the amount certified 
5under item (5) of Section 4-134 of the Illinois Pension Code; 
6and (m) made for the taxing district to pay interest or 
7principal on general obligation bonds issued pursuant to 
8Section 19-3.10 of the School Code.


9 "Aggregate extension" for all taxing districts to which 
10this Law applies in
accordance with paragraph (2) of subsection 
11(e) of Section 18-213 means the
annual corporate extension for 
12the
taxing district and those special purpose extensions that 
13are made annually for
the taxing district, excluding special 
14purpose extensions: (a) made for the
taxing district to pay 
15interest or principal on general obligation bonds that
were 
16approved by referendum; (b) made for any taxing district to pay 
17interest
or principal on general obligation bonds issued before 
18the effective date of
this amendatory Act of 1997;
(c) made
for 
19any taxing district to pay interest or principal on bonds 
20issued to refund
or continue to refund those bonds issued 
21before the effective date
of this amendatory Act of 1997;
(d) 
22made for any
taxing district to pay interest or principal on 
23bonds issued to refund or
continue to refund bonds issued after 
24the effective date of this amendatory Act
of 1997 if the bonds 
25were approved by referendum after the effective date of
this 
26amendatory Act of 1997;
(e) made for any
taxing district to pay 
 
 
09700SB2073ham004- 11 -LRB097 06332 HLH 58441 a


1interest or principal on
revenue bonds issued before the 
2effective date of this amendatory Act of 1997
for payment of 
3which a property tax
levy or the full faith and credit of the 
4unit of local government is pledged;
however, a tax for the 
5payment of interest or principal on those bonds shall be
made 
6only after the governing body of the unit of local government 
7finds that
all other sources for payment are insufficient to 
8make those payments; (f) made
for payments under a building 
9commission lease when the lease payments are for
the retirement 
10of bonds issued by the commission before the effective date
of 
11this amendatory Act of 1997
to
pay for the building project; 
12(g) made for payments due under installment
contracts entered 
13into before the effective date of this amendatory Act of
1997;

14(h) made for payments
of principal and interest on limited 
15bonds,
as defined in Section 3 of the Local Government Debt 
16Reform Act, in an amount
not to exceed the debt service 
17extension base less the amount in items (b),
(c), and (e) of 
18this definition for non-referendum obligations, except

19obligations initially issued pursuant to referendum; (i) made 
20for payments
of
principal and interest on bonds issued under 
21Section 15 of the Local Government
Debt Reform Act;
(j)
made 
22for a qualified airport authority to pay interest or principal 
23on
general obligation bonds issued for the purpose of paying 
24obligations due
under, or financing airport facilities 
25required to be acquired, constructed,
installed or equipped 
26pursuant to, contracts entered into before March
1, 1996 (but 
 
 
09700SB2073ham004- 12 -LRB097 06332 HLH 58441 a


1not including any amendments to such a contract taking effect 
2on
or after that date); (k) made to fund expenses of providing 
3joint
recreational programs for the handicapped under Section 
45-8 of
the
Park District Code or Section 11-95-14 of the 
5Illinois Municipal Code; and (l) made for contributions to a 
6firefighter's pension fund created under Article 4 of the 
7Illinois Pension Code, to the extent of the amount certified 
8under item (5) of Section 4-134 of the Illinois Pension Code.


9 "Debt service extension base" means an amount equal to that 
10portion of the
extension for a taxing district for the 1994 
11levy year, or for those taxing
districts subject to this Law in 
12accordance with Section 18-213, except for
those subject to 
13paragraph (2) of subsection (e) of Section 18-213, for the
levy

14year in which the referendum making this Law applicable to the 
15taxing district
is held, or for those taxing districts subject 
16to this Law in accordance with
paragraph (2) of subsection (e) 
17of Section 18-213 for the 1996 levy year,
constituting an

18extension for payment of principal and interest on bonds issued 
19by the taxing
district without referendum, but not including 
20excluded non-referendum bonds. For park districts (i) that were 
21first
subject to this Law in 1991 or 1995 and (ii) whose 
22extension for the 1994 levy
year for the payment of principal 
23and interest on bonds issued by the park
district without 
24referendum (but not including excluded non-referendum bonds)

25was less than 51% of the amount for the 1991 levy year 
26constituting an
extension for payment of principal and interest 
 
 
09700SB2073ham004- 13 -LRB097 06332 HLH 58441 a


1on bonds issued by the park
district without referendum (but 
2not including excluded non-referendum bonds),
"debt service 
3extension base" means an amount equal to that portion of the

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

20Local Government Debt Reform Act; or (iii) refunding 
21obligations issued
to refund or to continue to refund 
22obligations initially issued pursuant to
referendum.


23 "Special purpose extensions" include, but are not limited 
24to, extensions
for levies made on an annual basis for 
25unemployment and workers'
compensation, self-insurance, 
26contributions to pension plans, and extensions
made pursuant to 
 
 
09700SB2073ham004- 14 -LRB097 06332 HLH 58441 a


1Section 6-601 of the Illinois Highway Code for a road

2district's permanent road fund whether levied annually or not. 
3The
extension for a special service area is not included in the

4aggregate extension.


5 "Aggregate extension base" means the taxing district's 
6last preceding
aggregate extension as adjusted under Sections 
718-135, 18-215,
and 18-230.
An adjustment under Section 18-135 
8shall be made for the 2007 levy year and all subsequent levy 
9years whenever one or more counties within which a taxing 
10district is located (i) used estimated valuations or rates when 
11extending taxes in the taxing district for the last preceding 
12levy year that resulted in the over or under extension of 
13taxes, or (ii) increased or decreased the tax extension for the 
14last preceding levy year as required by Section 18-135(c). 
15Whenever an adjustment is required under Section 18-135, the 
16aggregate extension base of the taxing district shall be equal 
17to the amount that the aggregate extension of the taxing 
18district would have been for the last preceding levy year if 
19either or both (i) actual, rather than estimated, valuations or 
20rates had been used to calculate the extension of taxes for the 
21last levy year, or (ii) the tax extension for the last 
22preceding levy year had not been adjusted as required by 
23subsection (c) of Section 18-135.

24 "Levy year" has the same meaning as "year" under Section

251-155.


26 "New property" means (i) the assessed value, after final 
 
 
09700SB2073ham004- 15 -LRB097 06332 HLH 58441 a


1board of review or
board of appeals action, of new improvements 
2or additions to existing
improvements on any parcel of real 
3property that increase the assessed value of
that real property 
4during the levy year multiplied by the equalization factor

5issued by the Department under Section 17-30, (ii) the assessed 
6value, after
final board of review or board of appeals action, 
7of real property not exempt
from real estate taxation, which 
8real property was exempt from real estate
taxation for any 
9portion of the immediately preceding levy year, multiplied by

10the equalization factor issued by the Department under Section 
1117-30, including the assessed value, upon final stabilization 
12of occupancy after new construction is complete, of any real 
13property located within the boundaries of an otherwise or 
14previously exempt military reservation that is intended for 
15residential use and owned by or leased to a private corporation 
16or other entity, and
(iii) in counties that classify in 
17accordance with Section 4 of Article
IX of the
Illinois 
18Constitution, an incentive property's additional assessed 
19value
resulting from a
scheduled increase in the level of 
20assessment as applied to the first year
final board of
review 
21market value.
In addition, the county clerk in a county 
22containing a population of
3,000,000 or more shall include in 
23the 1997
recovered tax increment value for any school district, 
24any recovered tax
increment value that was applicable to the 
251995 tax year calculations.


26 "Qualified airport authority" means an airport authority 
 
 
09700SB2073ham004- 16 -LRB097 06332 HLH 58441 a


1organized under
the Airport Authorities Act and located in a 
2county bordering on the State of
Wisconsin and having a 
3population in excess of 200,000 and not greater than
500,000.


4 "Recovered tax increment value" means, except as otherwise 
5provided in this
paragraph, the amount of the current year's 
6equalized assessed value, in the
first year after a 
7municipality terminates
the designation of an area as a 
8redevelopment project area previously
established under the 
9Tax Increment Allocation Development Act in the Illinois

10Municipal Code, previously established under the Industrial 
11Jobs Recovery Law
in the Illinois Municipal Code, previously 
12established under the Economic Development Project Area Tax 
13Increment Act of 1995, or previously established under the 
14Economic
Development Area Tax Increment Allocation Act, of each 
15taxable lot, block,
tract, or parcel of real property in the 
16redevelopment project area over and
above the initial equalized 
17assessed value of each property in the
redevelopment project 
18area.
For the taxes which are extended for the 1997 levy year, 
19the recovered tax
increment value for a non-home rule taxing 
20district that first became subject
to this Law for the 1995 
21levy year because a majority of its 1994 equalized
assessed 
22value was in an affected county or counties shall be increased 
23if a
municipality terminated the designation of an area in 1993 
24as a redevelopment
project area previously established under 
25the Tax Increment Allocation
Development Act in the Illinois 
26Municipal Code, previously established under
the Industrial 
 
 
09700SB2073ham004- 17 -LRB097 06332 HLH 58441 a


1Jobs Recovery Law in the Illinois Municipal Code, or previously

2established under the Economic Development Area Tax Increment 
3Allocation Act,
by an amount equal to the 1994 equalized 
4assessed value of each taxable lot,
block, tract, or parcel of 
5real property in the redevelopment project area over
and above 
6the initial equalized assessed value of each property in the

7redevelopment project area.
In the first year after a 
8municipality
removes a taxable lot, block, tract, or parcel of 
9real property from a
redevelopment project area established 
10under the Tax Increment Allocation
Development Act in the 
11Illinois
Municipal Code, the Industrial Jobs Recovery Law
in 
12the Illinois Municipal Code, or the Economic
Development Area 
13Tax Increment Allocation Act, "recovered tax increment value"

14means the amount of the current year's equalized assessed value 
15of each taxable
lot, block, tract, or parcel of real property 
16removed from the redevelopment
project area over and above the 
17initial equalized assessed value of that real
property before 
18removal from the redevelopment project area.


19 Except as otherwise provided in this Section, "limiting 
20rate" means a
fraction the numerator of which is the last

21preceding aggregate extension base times an amount equal to one 
22plus the
extension limitation defined in this Section and the 
23denominator of which
is the current year's equalized assessed 
24value of all real property in the
territory under the 
25jurisdiction of the taxing district during the prior
levy year. 
26For those taxing districts that reduced their aggregate

 
 
09700SB2073ham004- 18 -LRB097 06332 HLH 58441 a


1extension for the last preceding levy year, the highest 
2aggregate extension
in any of the last 3 preceding levy years 
3shall be used for the purpose of
computing the limiting rate. 
4The denominator shall not include new
property or the recovered 
5tax increment
value.
If a new rate, a rate decrease, or a 
6limiting rate increase has been approved at an election held 
7after March 21, 2006, then (i) the otherwise applicable 
8limiting rate shall be increased by the amount of the new rate 
9or shall be reduced by the amount of the rate decrease, as the 
10case may be, or (ii) in the case of a limiting rate increase, 
11the limiting rate shall be equal to the rate set forth
in the 
12proposition approved by the voters for each of the years 
13specified in the proposition, after
which the limiting rate of 
14the taxing district shall be calculated as otherwise provided.


15(Source: P.A. 96-501, eff. 8-14-09; 96-517, eff. 8-14-09; 
1696-1000, eff. 7-2-10; 96-1202, eff. 7-22-10; 97-611, eff. 
171-1-12.)





18 (35 ILCS 200/18-205)



19 Sec. 18-205. Referendum to increase the extension 
20limitation. A taxing
district is limited to an extension 
21limitation as defined in Section 18-185 of 5% or the percentage 
22increase
in the Consumer Price Index during the 12-month 
23calendar year preceding the
levy year, whichever is less. A 
24taxing district may increase its extension
limitation for one 
25or more levy years if that taxing district holds a referendum

 
 
09700SB2073ham004- 19 -LRB097 06332 HLH 58441 a


1before the levy date for the first levy year at which a 
2majority of voters voting on the issue approves
adoption of a 
3higher extension limitation. Referenda shall be conducted at a

4regularly scheduled election in accordance with the Election 
5Code. The question shall be presented in
substantially the 
6following manner for all elections held after March 21, 2006:

7  Shall the extension limitation under the Property Tax 
8 Extension Limitation Law for (insert the legal name, 
9 number, if any, and county or counties of the taxing 
10 district and geographic or other common name by which a 
11 school or community college district is known and referred 
12 to), Illinois, be increased from (applicable extension 
13 limitation) the lesser of 5% or the percentage increase in 
14 the Consumer Price Index over the prior levy year to 
15 (insert the percentage of the proposed increase)% per year 
16 for (insert each levy year for which the increased 
17 extension limitation will apply)?
18The votes must be recorded as "Yes" or "No".


19If a majority of voters voting on the issue approves the 
20adoption of
the increase, the increase shall be applicable for 
21each
levy year specified.

22 The ballot for any question submitted pursuant to this 
23Section shall have printed thereon, but not as a part of the 
24question submitted, only the following supplemental 
25information (which shall be supplied to the election authority 
26by the taxing district) in substantially the following form:
 
 
09700SB2073ham004- 20 -LRB097 06332 HLH 58441 a


1  (1) For the (insert the first levy year for which the 
2 increased extension
limitation will be applicable) levy 
3 year the approximate amount of the additional tax

4 extendable against property containing a single family 
5 residence and having a fair market
value at the time of the 
6 referendum of $100,000 is estimated to be $....
7  (2) Based upon an average annual percentage increase 
8 (or decrease) in the
market value of such property of ...% 
9 (insert percentage equal to the average
annual percentage 
10 increase or decrease for the prior 3 levy years, at the 
11 time the
submission of the question is initiated by the 
12 taxing district, in the amount of (A) the
equalized 
13 assessed value of the taxable property in the taxing 
14 district less (B) the new
property included in the 
15 equalized assessed value), the approximate amount of the

16 additional tax extendable against such property for the ... 
17 levy year is estimated to be
$... and for the ... levy year 
18 is estimated to be $....
19 Paragraph (2) shall be included only if the increased 
20extension limitation will be applicable for more than one year 
21and shall list each levy year for which the increased extension 
22limitation will be applicable. The additional tax shown for 
23each levy year shall be the approximate dollar amount of the 
24increase over the amount of the most recently completed 
25extension at the time the submission of the question is 
26initiated by the taxing district. The approximate amount of the 
 
 
09700SB2073ham004- 21 -LRB097 06332 HLH 58441 a


1additional tax extendable shall be calculated by using (A) 
2either (i) the lesser of 5% or the percentage increase in the 
3Consumer Price Index for the prior levy year (or an estimate of 
4the percentage increase for the prior levy year if the increase 
5is unavailable at the time the submission of the question is 
6initiated by the taxing district) or (ii) 0%, as applicable, 
7(B) the percentage increase proposed in the question, and (C) 
8the last known equalized assessed value and aggregate extension 
9base of the taxing district at the time the submission of the 
10question is initiated by the taxing district. The approximate 
11amount of the tax extendable shall be calculated (i) without 
12regard to any property tax exemptions and (ii) based upon the 
13percentage level of assessment prescribed for such property by 
14statute or by ordinance of the county board in counties which 
15classify property for purposes of taxation in accordance with 
16Section 4 of Article IX of the Constitution. Any notice 
17required to be published in connection with the submission of 
18the question shall also contain this supplemental information 
19and shall not contain any other supplemental information. Any 
20error, miscalculation, or inaccuracy in computing any amount 
21set forth on the ballot or in the notice that is not deliberate 
22shall not invalidate or affect the validity of any proposition 
23approved. Notice of the referendum shall be published and 
24posted as otherwise required by law, and the submission of the 
25question shall be initiated as provided by law.

26(Source: P.A. 94-976, eff. 6-30-06.)



 
 
09700SB2073ham004- 22 -LRB097 06332 HLH 58441 a


1 Section 99. Effective date. This Act takes effect upon 
2becoming law.".