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1 | | AN ACT concerning revenue.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The Property Tax Code is amended by changing |
5 | | Sections 18-185, 18-205, and 18-214 as follows:
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6 | | (35 ILCS 200/18-185)
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7 | | Sec. 18-185. Short title; definitions. This Division 5 may |
8 | | be cited as the
Property Tax Extension Limitation Law. As used |
9 | | in this Division 5:
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10 | | "Consumer Price Index" means the Consumer Price Index for |
11 | | All Urban
Consumers for all items published by the United |
12 | | States Department of Labor.
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13 | | "Extension limitation" , except as otherwise provided in |
14 | | this paragraph, means (a) the lesser of 5% or the percentage |
15 | | increase
in the Consumer Price Index during the 12-month |
16 | | calendar year preceding the
levy year or (b) the rate of |
17 | | increase approved by voters under Section 18-205.
Beginning in |
18 | | levy year 2022, for taxing districts that are school districts |
19 | | other than qualified school districts, "extension limitation" |
20 | | means 0% or the rate of increase approved by the voters under |
21 | | Section 18-205, except that, if a special purpose extension (i) |
22 | | made for the payment of principal and interest on bonds or |
23 | | other evidences of indebtedness issued by the taxing district |
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1 | | or (ii) made for contributions to a pension fund created under |
2 | | the Illinois Pension Code was required to be included in a |
3 | | school district's aggregate extension for the 2021 levy year, |
4 | | then the extension limitation for that extension shall be (a) |
5 | | the lesser of 5% or the percentage increase
in the Consumer |
6 | | Price Index during the 12-month calendar year preceding the
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7 | | levy year or (b) the rate of increase approved by voters under |
8 | | Section 18-205.
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9 | | "Affected county" means a county of 3,000,000 or more |
10 | | inhabitants or a
county contiguous to a county of 3,000,000 or |
11 | | more inhabitants.
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12 | | "Taxing district" has the same meaning provided in Section |
13 | | 1-150, except as
otherwise provided in this Section. For the |
14 | | 1991 through 1994 levy years only,
"taxing district" includes |
15 | | only each non-home rule taxing district having the
majority of |
16 | | its
1990 equalized assessed value within any county or counties |
17 | | contiguous to a
county with 3,000,000 or more inhabitants. |
18 | | Beginning with the 1995 levy
year, "taxing district" includes |
19 | | only each non-home rule taxing district
subject to this Law |
20 | | before the 1995 levy year and each non-home rule
taxing |
21 | | district not subject to this Law before the 1995 levy year |
22 | | having the
majority of its 1994 equalized assessed value in an |
23 | | affected county or
counties. Beginning with the levy year in
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24 | | which this Law becomes applicable to a taxing district as
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25 | | provided in Section 18-213, "taxing district" also includes |
26 | | those taxing
districts made subject to this Law as provided in |
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1 | | Section 18-213.
Beginning in levy year 2022, "taxing district" |
2 | | also includes each school district in the State, but does not |
3 | | include a qualified school district that was not subject to |
4 | | this Law in the 2021 levy year.
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5 | | "Aggregate extension" for taxing districts to which this |
6 | | Law applied before
the 1995 levy year means the annual |
7 | | corporate extension for the taxing
district and those special |
8 | | purpose extensions that are made annually for
the taxing |
9 | | district, excluding special purpose extensions: (a) made for |
10 | | the
taxing district to pay interest or principal on general |
11 | | obligation bonds
that were approved by referendum; (b) made for |
12 | | any taxing district to pay
interest or principal on general |
13 | | obligation bonds issued before October 1,
1991; (c) made for |
14 | | any taxing district to pay interest or principal on bonds
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15 | | issued to refund or continue to refund those bonds issued |
16 | | before October 1,
1991; (d)
made for any taxing district to pay |
17 | | interest or principal on bonds
issued to refund or continue to |
18 | | refund bonds issued after October 1, 1991 that
were approved by |
19 | | referendum; (e)
made for any taxing district to pay interest
or |
20 | | principal on revenue bonds issued before October 1, 1991 for |
21 | | payment of
which a property tax levy or the full faith and |
22 | | credit of the unit of local
government is pledged; however, a |
23 | | tax for the payment of interest or principal
on those bonds |
24 | | shall be made only after the governing body of the unit of |
25 | | local
government finds that all other sources for payment are |
26 | | insufficient to make
those payments; (f) made for payments |
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1 | | under a building commission lease when
the lease payments are |
2 | | for the retirement of bonds issued by the commission
before |
3 | | October 1, 1991, to pay for the building project; (g) made for |
4 | | payments
due under installment contracts entered into before |
5 | | October 1, 1991;
(h) made for payments of principal and |
6 | | interest on bonds issued under the
Metropolitan Water |
7 | | Reclamation District Act to finance construction projects
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8 | | initiated before October 1, 1991; (i) made for payments of |
9 | | principal and
interest on limited bonds, as defined in Section |
10 | | 3 of the Local Government Debt
Reform Act, in an amount not to |
11 | | exceed the debt service extension base less
the amount in items |
12 | | (b), (c), (e), and (h) of this definition for
non-referendum |
13 | | obligations, except obligations initially issued pursuant to
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14 | | referendum; (j) made for payments of principal and interest on |
15 | | bonds
issued under Section 15 of the Local Government Debt |
16 | | Reform Act; (k)
made
by a school district that participates in |
17 | | the Special Education District of
Lake County, created by |
18 | | special education joint agreement under Section
10-22.31 of the |
19 | | School Code, for payment of the school district's share of the
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20 | | amounts required to be contributed by the Special Education |
21 | | District of Lake
County to the Illinois Municipal Retirement |
22 | | Fund under Article 7 of the
Illinois Pension Code; the amount |
23 | | of any extension under this item (k) shall be
certified by the |
24 | | school district to the county clerk; (l) made to fund
expenses |
25 | | of providing joint recreational programs for persons with |
26 | | disabilities under
Section 5-8 of
the
Park District Code or |
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1 | | Section 11-95-14 of the Illinois Municipal Code; (m) made for |
2 | | temporary relocation loan repayment purposes pursuant to |
3 | | Sections 2-3.77 and 17-2.2d of the School Code; (n) made for |
4 | | payment of principal and interest on any bonds issued under the |
5 | | authority of Section 17-2.2d of the School Code; (o) made for |
6 | | contributions to a firefighter's pension fund created under |
7 | | Article 4 of the Illinois Pension Code, to the extent of the |
8 | | amount certified under item (5) of Section 4-134 of the |
9 | | Illinois Pension Code; and (p) made for road purposes in the |
10 | | first year after a township assumes the rights, powers, duties, |
11 | | assets, property, liabilities, obligations, and
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12 | | responsibilities of a road district abolished under the |
13 | | provisions of Section 6-133 of the Illinois Highway Code.
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14 | | Beginning in levy year 2022, this definition of "aggregate |
15 | | extension" applies to each school district that was subject to |
16 | | this definition of "aggregate extension" for the 2021 levy |
17 | | year.
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18 | | "Aggregate extension" for the taxing districts to which |
19 | | this Law did not
apply before the 1995 levy year (except taxing |
20 | | districts subject to this Law
in
accordance with Section |
21 | | 18-213) means the annual corporate extension for the
taxing |
22 | | district and those special purpose extensions that are made |
23 | | annually for
the taxing district, excluding special purpose |
24 | | extensions: (a) made for the
taxing district to pay interest or |
25 | | principal on general obligation bonds that
were approved by |
26 | | referendum; (b) made for any taxing district to pay interest
or |
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1 | | principal on general obligation bonds issued before March 1, |
2 | | 1995; (c) made
for any taxing district to pay interest or |
3 | | principal on bonds issued to refund
or continue to refund those |
4 | | bonds issued before March 1, 1995; (d) made for any
taxing |
5 | | district to pay interest or principal on bonds issued to refund |
6 | | or
continue to refund bonds issued after March 1, 1995 that |
7 | | were approved by
referendum; (e) made for any taxing district |
8 | | to pay interest or principal on
revenue bonds issued before |
9 | | March 1, 1995 for payment of which a property tax
levy or the |
10 | | full faith and credit of the unit of local government is |
11 | | pledged;
however, a tax for the payment of interest or |
12 | | principal on those bonds shall be
made only after the governing |
13 | | body of the unit of local government finds that
all other |
14 | | sources for payment are insufficient to make those payments; |
15 | | (f) made
for payments under a building commission lease when |
16 | | the lease payments are for
the retirement of bonds issued by |
17 | | the commission before March 1, 1995 to
pay for the building |
18 | | project; (g) made for payments due under installment
contracts |
19 | | entered into before March 1, 1995; (h) made for payments of
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20 | | principal and interest on bonds issued under the Metropolitan |
21 | | Water Reclamation
District Act to finance construction |
22 | | projects initiated before October 1,
1991; (h-4) made for |
23 | | stormwater management purposes by the Metropolitan Water |
24 | | Reclamation District of Greater Chicago under Section 12 of the |
25 | | Metropolitan Water Reclamation District Act; (i) made for |
26 | | payments of principal and interest on limited bonds,
as defined |
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1 | | in Section 3 of the Local Government Debt Reform Act, in an |
2 | | amount
not to exceed the debt service extension base less the |
3 | | amount in items (b),
(c), and (e) of this definition for |
4 | | non-referendum obligations, except
obligations initially |
5 | | issued pursuant to referendum and bonds described in
subsection |
6 | | (h) of this definition; (j) made for payments of
principal and |
7 | | interest on bonds issued under Section 15 of the Local |
8 | | Government
Debt Reform Act; (k) made for payments of principal |
9 | | and interest on bonds
authorized by Public Act 88-503 and |
10 | | issued under Section 20a of the Chicago
Park District Act for |
11 | | aquarium or
museum projects; (l) made for payments of principal |
12 | | and interest on
bonds
authorized by Public Act 87-1191 or |
13 | | 93-601 and (i) issued pursuant to Section 21.2 of the Cook |
14 | | County Forest
Preserve District Act, (ii) issued under Section |
15 | | 42 of the Cook County
Forest Preserve District Act for |
16 | | zoological park projects, or (iii) issued
under Section 44.1 of |
17 | | the Cook County Forest Preserve District Act for
botanical |
18 | | gardens projects; (m) made
pursuant
to Section 34-53.5 of the |
19 | | School Code, whether levied annually or not;
(n) made to fund |
20 | | expenses of providing joint recreational programs for persons |
21 | | with disabilities under Section 5-8 of the Park
District Code |
22 | | or Section 11-95-14 of the Illinois Municipal Code;
(o) made by |
23 | | the
Chicago Park
District for recreational programs for persons |
24 | | with disabilities under subsection (c) of
Section
7.06 of the |
25 | | Chicago Park District Act; (p) made for contributions to a |
26 | | firefighter's pension fund created under Article 4 of the |
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1 | | Illinois Pension Code, to the extent of the amount certified |
2 | | under item (5) of Section 4-134 of the Illinois Pension Code; |
3 | | (q) made by Ford Heights School District 169 under Section |
4 | | 17-9.02 of the School Code; and (r) made for the purpose of |
5 | | making employer contributions to the Public School Teachers' |
6 | | Pension and Retirement Fund of Chicago under Section 34-53 of |
7 | | the School Code.
Beginning in levy year 2022, this definition |
8 | | of "aggregate extension" applies to each school district that |
9 | | was subject to this definition of "aggregate extension" for the |
10 | | 2021 levy year.
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11 | | "Aggregate extension" for all taxing districts to which |
12 | | this Law applies in
accordance with Section 18-213, except for |
13 | | those taxing districts subject to
paragraph (2) of subsection |
14 | | (e) of Section 18-213, means the annual corporate
extension for |
15 | | the
taxing district and those special purpose extensions that |
16 | | are made annually for
the taxing district, excluding special |
17 | | purpose extensions: (a) made for the
taxing district to pay |
18 | | interest or principal on general obligation bonds that
were |
19 | | approved by referendum; (b) made for any taxing district to pay |
20 | | interest
or principal on general obligation bonds issued before |
21 | | the date on which the
referendum making this
Law applicable to |
22 | | the taxing district is held; (c) made
for any taxing district |
23 | | to pay interest or principal on bonds issued to refund
or |
24 | | continue to refund those bonds issued before the date on which |
25 | | the
referendum making this Law
applicable to the taxing |
26 | | district is held;
(d) made for any
taxing district to pay |
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1 | | interest or principal on bonds issued to refund or
continue to |
2 | | refund bonds issued after the date on which the referendum |
3 | | making
this Law
applicable to the taxing district is held if |
4 | | the bonds were approved by
referendum after the date on which |
5 | | the referendum making this Law
applicable to the taxing |
6 | | district is held; (e) made for any
taxing district to pay |
7 | | interest or principal on
revenue bonds issued before the date |
8 | | on which the referendum making this Law
applicable to the
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9 | | taxing district is held for payment of which a property tax
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10 | | levy or the full faith and credit of the unit of local |
11 | | government is pledged;
however, a tax for the payment of |
12 | | interest or principal on those bonds shall be
made only after |
13 | | the governing body of the unit of local government finds that
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14 | | all other sources for payment are insufficient to make those |
15 | | payments; (f) made
for payments under a building commission |
16 | | lease when the lease payments are for
the retirement of bonds |
17 | | issued by the commission before the date on which the
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18 | | referendum making this
Law applicable to the taxing district is |
19 | | held to
pay for the building project; (g) made for payments due |
20 | | under installment
contracts entered into before the date on |
21 | | which the referendum making this Law
applicable to
the taxing |
22 | | district is held;
(h) made for payments
of principal and |
23 | | interest on limited bonds,
as defined in Section 3 of the Local |
24 | | Government Debt Reform Act, in an amount
not to exceed the debt |
25 | | service extension base less the amount in items (b),
(c), and |
26 | | (e) of this definition for non-referendum obligations, except
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1 | | obligations initially issued pursuant to referendum; (i) made |
2 | | for payments
of
principal and interest on bonds issued under |
3 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made |
4 | | for a qualified airport authority to pay interest or principal |
5 | | on
general obligation bonds issued for the purpose of paying |
6 | | obligations due
under, or financing airport facilities |
7 | | required to be acquired, constructed,
installed or equipped |
8 | | pursuant to, contracts entered into before March
1, 1996 (but |
9 | | not including any amendments to such a contract taking effect |
10 | | on
or after that date); (k) made to fund expenses of providing |
11 | | joint
recreational programs for persons with disabilities |
12 | | under Section 5-8 of
the
Park District Code or Section 11-95-14 |
13 | | of the Illinois Municipal Code; (l) made for contributions to a |
14 | | firefighter's pension fund created under Article 4 of the |
15 | | Illinois Pension Code, to the extent of the amount certified |
16 | | under item (5) of Section 4-134 of the Illinois Pension Code; |
17 | | and (m) made for the taxing district to pay interest or |
18 | | principal on general obligation bonds issued pursuant to |
19 | | Section 19-3.10 of the School Code.
Beginning in levy year |
20 | | 2022, this definition of "aggregate extension" applies to each |
21 | | school district that was subject to this definition of |
22 | | "aggregate extension" for the 2021 levy year.
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23 | | "Aggregate extension" for all taxing districts to which |
24 | | this Law applies in
accordance with paragraph (2) of subsection |
25 | | (e) of Section 18-213 means the
annual corporate extension for |
26 | | the
taxing district and those special purpose extensions that |
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1 | | are made annually for
the taxing district, excluding special |
2 | | purpose extensions: (a) made for the
taxing district to pay |
3 | | interest or principal on general obligation bonds that
were |
4 | | approved by referendum; (b) made for any taxing district to pay |
5 | | interest
or principal on general obligation bonds issued before |
6 | | the effective date of
this amendatory Act of 1997;
(c) made
for |
7 | | any taxing district to pay interest or principal on bonds |
8 | | issued to refund
or continue to refund those bonds issued |
9 | | before the effective date
of this amendatory Act of 1997;
(d) |
10 | | made for any
taxing district to pay interest or principal on |
11 | | bonds issued to refund or
continue to refund bonds issued after |
12 | | the effective date of this amendatory Act
of 1997 if the bonds |
13 | | were approved by referendum after the effective date of
this |
14 | | amendatory Act of 1997;
(e) made for any
taxing district to pay |
15 | | interest or principal on
revenue bonds issued before the |
16 | | effective date of this amendatory Act of 1997
for payment of |
17 | | which a property tax
levy or the full faith and credit of the |
18 | | unit of local government is pledged;
however, a tax for the |
19 | | payment of interest or principal on those bonds shall be
made |
20 | | only after the governing body of the unit of local government |
21 | | finds that
all other sources for payment are insufficient to |
22 | | make those payments; (f) made
for payments under a building |
23 | | commission lease when the lease payments are for
the retirement |
24 | | of bonds issued by the commission before the effective date
of |
25 | | this amendatory Act of 1997
to
pay for the building project; |
26 | | (g) made for payments due under installment
contracts entered |
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1 | | into before the effective date of this amendatory Act of
1997;
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2 | | (h) made for payments
of principal and interest on limited |
3 | | bonds,
as defined in Section 3 of the Local Government Debt |
4 | | Reform Act, in an amount
not to exceed the debt service |
5 | | extension base less the amount in items (b),
(c), and (e) of |
6 | | this definition for non-referendum obligations, except
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7 | | obligations initially issued pursuant to referendum; (i) made |
8 | | for payments
of
principal and interest on bonds issued under |
9 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made |
10 | | for a qualified airport authority to pay interest or principal |
11 | | on
general obligation bonds issued for the purpose of paying |
12 | | obligations due
under, or financing airport facilities |
13 | | required to be acquired, constructed,
installed or equipped |
14 | | pursuant to, contracts entered into before March
1, 1996 (but |
15 | | not including any amendments to such a contract taking effect |
16 | | on
or after that date); (k) made to fund expenses of providing |
17 | | joint
recreational programs for persons with disabilities |
18 | | under Section 5-8 of
the
Park District Code or Section 11-95-14 |
19 | | of the Illinois Municipal Code; and (l) made for contributions |
20 | | to a firefighter's pension fund created under Article 4 of the |
21 | | Illinois Pension Code, to the extent of the amount certified |
22 | | under item (5) of Section 4-134 of the Illinois Pension Code.
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23 | | Beginning in levy year 2022, this definition of "aggregate |
24 | | extension" applies to each school district that was subject to |
25 | | this definition of "aggregate extension" for the 2021 levy |
26 | | year.
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1 | | "Aggregate extension", for school districts that were not |
2 | | subject to this Law in the 2021 levy year, means the annual |
3 | | corporate extension for the school district and those special |
4 | | purpose extensions that are made annually for the taxing |
5 | | district, excluding special purpose extensions: (a) made for |
6 | | the payment of principal and interest on bonds or other |
7 | | evidences of indebtedness issued by the school district; or (b) |
8 | | made for contributions to a pension fund created under the |
9 | | Illinois Pension Code. |
10 | | "Debt service extension base" means an amount equal to that |
11 | | portion of the
extension for a taxing district for the 1994 |
12 | | levy year, or for those taxing
districts subject to this Law in |
13 | | accordance with Section 18-213, except for
those subject to |
14 | | paragraph (2) of subsection (e) of Section 18-213, for the
levy
|
15 | | year in which the referendum making this Law applicable to the |
16 | | taxing district
is held, or for those taxing districts subject |
17 | | to this Law in accordance with
paragraph (2) of subsection (e) |
18 | | of Section 18-213 for the 1996 levy year,
or, for those school |
19 | | districts that are subject to this Law as a result of this |
20 | | amendatory Act of the 101st General Assembly, for the 2021 levy |
21 | | year, constituting an
extension for payment of principal and |
22 | | interest on bonds issued by the taxing
district without |
23 | | referendum, but not including excluded non-referendum bonds. |
24 | | For park districts (i) that were first
subject to this Law in |
25 | | 1991 or 1995 and (ii) whose extension for the 1994 levy
year |
26 | | for the payment of principal and interest on bonds issued by |
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1 | | the park
district without referendum (but not including |
2 | | excluded non-referendum bonds)
was less than 51% of the amount |
3 | | for the 1991 levy year constituting an
extension for payment of |
4 | | principal and interest on bonds issued by the park
district |
5 | | without referendum (but not including excluded non-referendum |
6 | | bonds),
"debt service extension base" means an amount equal to |
7 | | that portion of the
extension for the 1991 levy year |
8 | | constituting an extension for payment of
principal and interest |
9 | | on bonds issued by the park district without referendum
(but |
10 | | not including excluded non-referendum bonds). A debt service |
11 | | extension base established or increased at any time pursuant to |
12 | | any provision of this Law, except Section 18-212, shall be |
13 | | increased each year commencing with the later of (i) the 2009 |
14 | | levy year or (ii) the first levy year in which this Law becomes |
15 | | applicable to the taxing district, by the lesser of 5% or the |
16 | | percentage increase in the Consumer Price Index during the |
17 | | 12-month calendar year preceding the levy year. The debt |
18 | | service extension
base may be established or increased as |
19 | | provided under Section 18-212.
"Excluded non-referendum bonds" |
20 | | means (i) bonds authorized by Public
Act 88-503 and issued |
21 | | under Section 20a of the Chicago Park District Act for
aquarium |
22 | | and museum projects; (ii) bonds issued under Section 15 of the
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23 | | Local Government Debt Reform Act; or (iii) refunding |
24 | | obligations issued
to refund or to continue to refund |
25 | | obligations initially issued pursuant to
referendum.
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26 | | "Special purpose extensions" include, but are not limited |
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1 | | to, extensions
for levies made on an annual basis for |
2 | | unemployment and workers'
compensation, self-insurance, |
3 | | contributions to pension plans, and extensions
made pursuant to |
4 | | Section 6-601 of the Illinois Highway Code for a road
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5 | | district's permanent road fund whether levied annually or not. |
6 | | The
extension for a special service area is not included in the
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7 | | aggregate extension.
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8 | | "Aggregate extension base" means the taxing district's |
9 | | last preceding
aggregate extension as adjusted under Sections |
10 | | 18-135, 18-215,
18-230, and 18-206.
An adjustment under Section |
11 | | 18-135 shall be made for the 2007 levy year and all subsequent |
12 | | levy years whenever one or more counties within which a taxing |
13 | | district is located (i) used estimated valuations or rates when |
14 | | extending taxes in the taxing district for the last preceding |
15 | | levy year that resulted in the over or under extension of |
16 | | taxes, or (ii) increased or decreased the tax extension for the |
17 | | last preceding levy year as required by Section 18-135(c). |
18 | | Whenever an adjustment is required under Section 18-135, the |
19 | | aggregate extension base of the taxing district shall be equal |
20 | | to the amount that the aggregate extension of the taxing |
21 | | district would have been for the last preceding levy year if |
22 | | either or both (i) actual, rather than estimated, valuations or |
23 | | rates had been used to calculate the extension of taxes for the |
24 | | last levy year, or (ii) the tax extension for the last |
25 | | preceding levy year had not been adjusted as required by |
26 | | subsection (c) of Section 18-135.
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1 | | Notwithstanding any other provision of law, for levy year |
2 | | 2012, the aggregate extension base for West Northfield School |
3 | | District No. 31 in Cook County shall be $12,654,592. |
4 | | "Levy year" has the same meaning as "year" under Section
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5 | | 1-155.
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6 | | "New property" means (i) the assessed value, after final |
7 | | board of review or
board of appeals action, of new improvements |
8 | | or additions to existing
improvements on any parcel of real |
9 | | property that increase the assessed value of
that real property |
10 | | during the levy year multiplied by the equalization factor
|
11 | | issued by the Department under Section 17-30, (ii) the assessed |
12 | | value, after
final board of review or board of appeals action, |
13 | | of real property not exempt
from real estate taxation, which |
14 | | real property was exempt from real estate
taxation for any |
15 | | portion of the immediately preceding levy year, multiplied by
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16 | | the equalization factor issued by the Department under Section |
17 | | 17-30, including the assessed value, upon final stabilization |
18 | | of occupancy after new construction is complete, of any real |
19 | | property located within the boundaries of an otherwise or |
20 | | previously exempt military reservation that is intended for |
21 | | residential use and owned by or leased to a private corporation |
22 | | or other entity,
(iii) in counties that classify in accordance |
23 | | with Section 4 of Article
IX of the
Illinois Constitution, an |
24 | | incentive property's additional assessed value
resulting from |
25 | | a
scheduled increase in the level of assessment as applied to |
26 | | the first year
final board of
review market value, and (iv) any |
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1 | | increase in assessed value due to oil or gas production from an |
2 | | oil or gas well required to be permitted under the Hydraulic |
3 | | Fracturing Regulatory Act that was not produced in or accounted |
4 | | for during the previous levy year.
In addition, the county |
5 | | clerk in a county containing a population of
3,000,000 or more |
6 | | shall include in the 1997
recovered tax increment value for any |
7 | | school district, any recovered tax
increment value that was |
8 | | applicable to the 1995 tax year calculations.
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9 | | "Qualified airport authority" means an airport authority |
10 | | organized under
the Airport Authorities Act and located in a |
11 | | county bordering on the State of
Wisconsin and having a |
12 | | population in excess of 200,000 and not greater than
500,000.
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13 | | "Qualified school district" means a school district that |
14 | | certifies to the county clerk of the county in which the school |
15 | | district is located by October 15 immediately preceding the |
16 | | first day of the levy year that the district meets either of |
17 | | the following criteria: |
18 | | (1) the school district submitted a claim or claims to |
19 | | the Illinois State Board of Education for reimbursement of |
20 | | State mandated categoricals, as provided in the School |
21 | | Breakfast and Lunch Program Act or Section 14-7.02, |
22 | | 14-7.03, 14-13.01, 18-3, or 29-5 of the School Code, for |
23 | | the school fiscal year immediately preceding the levy year, |
24 | | and the aggregate amount of reimbursement for those State |
25 | | mandated categoricals for that school fiscal year was less |
26 | | than 97% of the district's claims as certified by the State |
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1 | | Board of Education pursuant to Section 18-21 of the School |
2 | | Code; or |
3 | | (2) the school district did not receive the minimum |
4 | | funding required for that school district under the |
5 | | evidence-based funding formula set forth in Section |
6 | | 18-8.15 of the School Code for the school fiscal year |
7 | | immediately preceding the levy year. |
8 | | "Recovered tax increment value" means, except as otherwise |
9 | | provided in this
paragraph, the amount of the current year's |
10 | | equalized assessed value, in the
first year after a |
11 | | municipality terminates
the designation of an area as a |
12 | | redevelopment project area previously
established under the |
13 | | Tax Increment Allocation Development Act in the Illinois
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14 | | Municipal Code, previously established under the Industrial |
15 | | Jobs Recovery Law
in the Illinois Municipal Code, previously |
16 | | established under the Economic Development Project Area Tax |
17 | | Increment Act of 1995, or previously established under the |
18 | | Economic
Development Area Tax Increment Allocation Act, of each |
19 | | taxable lot, block,
tract, or parcel of real property in the |
20 | | redevelopment project area over and
above the initial equalized |
21 | | assessed value of each property in the
redevelopment project |
22 | | area.
For the taxes which are extended for the 1997 levy year, |
23 | | the recovered tax
increment value for a non-home rule taxing |
24 | | district that first became subject
to this Law for the 1995 |
25 | | levy year because a majority of its 1994 equalized
assessed |
26 | | value was in an affected county or counties shall be increased |
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1 | | if a
municipality terminated the designation of an area in 1993 |
2 | | as a redevelopment
project area previously established under |
3 | | the Tax Increment Allocation
Development Act in the Illinois |
4 | | Municipal Code, previously established under
the Industrial |
5 | | Jobs Recovery Law in the Illinois Municipal Code, or previously
|
6 | | established under the Economic Development Area Tax Increment |
7 | | Allocation Act,
by an amount equal to the 1994 equalized |
8 | | assessed value of each taxable lot,
block, tract, or parcel of |
9 | | real property in the redevelopment project area over
and above |
10 | | the initial equalized assessed value of each property in the
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11 | | redevelopment project area.
In the first year after a |
12 | | municipality
removes a taxable lot, block, tract, or parcel of |
13 | | real property from a
redevelopment project area established |
14 | | under the Tax Increment Allocation
Development Act in the |
15 | | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in |
16 | | the Illinois Municipal Code, or the Economic
Development Area |
17 | | Tax Increment Allocation Act, "recovered tax increment value"
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18 | | means the amount of the current year's equalized assessed value |
19 | | of each taxable
lot, block, tract, or parcel of real property |
20 | | removed from the redevelopment
project area over and above the |
21 | | initial equalized assessed value of that real
property before |
22 | | removal from the redevelopment project area.
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23 | | Except as otherwise provided in this Section, "limiting |
24 | | rate" means a
fraction the numerator of which is the last
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25 | | preceding aggregate extension base times an amount equal to one |
26 | | plus the
extension limitation defined in this Section and the |
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1 | | denominator of which
is the current year's equalized assessed |
2 | | value of all real property in the
territory under the |
3 | | jurisdiction of the taxing district during the prior
levy year. |
4 | | For those taxing districts that reduced their aggregate
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5 | | extension for the last preceding levy year, except for school |
6 | | districts that reduced their extension for educational |
7 | | purposes pursuant to Section 18-206, the highest aggregate |
8 | | extension
in any of the last 3 preceding levy years shall be |
9 | | used for the purpose of
computing the limiting rate. The |
10 | | denominator shall not include new
property or the recovered tax |
11 | | increment
value.
If a new rate, a rate decrease, or a limiting |
12 | | rate increase has been approved at an election held after March |
13 | | 21, 2006, then (i) the otherwise applicable limiting rate shall |
14 | | be increased by the amount of the new rate or shall be reduced |
15 | | by the amount of the rate decrease, as the case may be, or (ii) |
16 | | in the case of a limiting rate increase, the limiting rate |
17 | | shall be equal to the rate set forth
in the proposition |
18 | | approved by the voters for each of the years specified in the |
19 | | proposition, after
which the limiting rate of the taxing |
20 | | district shall be calculated as otherwise provided. In the case |
21 | | of a taxing district that obtained referendum approval for an |
22 | | increased limiting rate on March 20, 2012, the limiting rate |
23 | | for tax year 2012 shall be the rate that generates the |
24 | | approximate total amount of taxes extendable for that tax year, |
25 | | as set forth in the proposition approved by the voters; this |
26 | | rate shall be the final rate applied by the county clerk for |
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1 | | the aggregate of all capped funds of the district for tax year |
2 | | 2012.
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3 | | (Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17; |
4 | | 100-465, eff. 8-31-17.)
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5 | | (35 ILCS 200/18-205)
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6 | | Sec. 18-205. Referendum to increase the extension |
7 | | limitation. A taxing
district is limited to an extension |
8 | | limitation as provided in Section 18-185 of 5% or the |
9 | | percentage increase
in the Consumer Price Index during the |
10 | | 12-month calendar year preceding the
levy year, whichever is |
11 | | less . A taxing district may increase its extension
limitation |
12 | | for one or more levy years if that taxing district holds a |
13 | | referendum
before the levy date for the first levy year at |
14 | | which a majority of voters voting on the issue approves
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15 | | adoption of a higher extension limitation. Referenda shall be |
16 | | conducted at a
regularly scheduled election in accordance with |
17 | | the Election Code. The question shall be presented in
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18 | | substantially the following manner for all elections held after |
19 | | March 21, 2006 :
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20 | | Shall the extension limitation under the Property Tax |
21 | | Extension Limitation Law for (insert the legal name, |
22 | | number, if any, and county or counties of the taxing |
23 | | district and geographic or other common name by which a |
24 | | school or community college district is known and referred |
25 | | to), Illinois, be increased from (the applicable extension |
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1 | | limitation set forth in Section 18-185) the lesser of 5% or |
2 | | the percentage increase in the Consumer Price Index over |
3 | | the prior levy year to (insert the percentage of the |
4 | | proposed increase)% per year for (insert each levy year for |
5 | | which the increased extension limitation will apply)? |
6 | | The votes must be recorded as "Yes" or "No".
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7 | | If a majority of voters voting on the issue approves the |
8 | | adoption of
the increase, the increase shall be applicable for |
9 | | each
levy year specified.
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10 | | The ballot for any question submitted pursuant to this |
11 | | Section shall have printed thereon, but not as a part of the |
12 | | question submitted, only the following supplemental |
13 | | information (which shall be supplied to the election authority |
14 | | by the taxing district) in substantially the following form: |
15 | | (1) For the (insert the first levy year for which the |
16 | | increased extension
limitation will be applicable) levy |
17 | | year the approximate amount of the additional tax
|
18 | | extendable against property containing a single family |
19 | | residence and having a fair market
value at the time of the |
20 | | referendum of $100,000 is estimated to be $.... |
21 | | (2) Based upon an average annual percentage increase |
22 | | (or decrease) in the
market value of such property of ...% |
23 | | (insert percentage equal to the average
annual percentage |
24 | | increase or decrease for the prior 3 levy years, at the |
25 | | time the
submission of the question is initiated by the |
26 | | taxing district, in the amount of (A) the
equalized |
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1 | | assessed value of the taxable property in the taxing |
2 | | district less (B) the new
property included in the |
3 | | equalized assessed value), the approximate amount of the
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4 | | additional tax extendable against such property for the ... |
5 | | levy year is estimated to be
$... and for the ... levy year |
6 | | is estimated to be $.... |
7 | | Paragraph (2) shall be included only if the increased |
8 | | extension limitation will be applicable for more than one year |
9 | | and shall list each levy year for which the increased extension |
10 | | limitation will be applicable. The additional tax shown for |
11 | | each levy year shall be the approximate dollar amount of the |
12 | | increase over the amount of the most recently completed |
13 | | extension at the time the submission of the question is |
14 | | initiated by the taxing district. The approximate amount of the |
15 | | additional tax extendable shown in paragraphs (1) and (2) shall |
16 | | be calculated by multiplying $100,000 (the fair market value of |
17 | | the property without regard to any property tax exemptions) by |
18 | | (i) the percentage level of assessment prescribed for that |
19 | | property by statute, or by ordinance of the county board in |
20 | | counties that classify property for purposes of taxation in |
21 | | accordance with Section 4 of Article IX of the Illinois |
22 | | Constitution; (ii) the most recent final equalization factor |
23 | | certified to the county clerk by the Department of Revenue at |
24 | | the time the taxing district initiates the submission of the |
25 | | proposition to the electors; (iii) the last known aggregate |
26 | | extension base of the taxing district at the time the |
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1 | | submission of the question is initiated by the taxing district; |
2 | | and (iv) the difference between the percentage increase |
3 | | proposed in the question and the (otherwise applicable |
4 | | extension limitation under Section 18-185) lesser of 5% or the |
5 | | percentage increase in the Consumer Price Index for the prior |
6 | | levy year (or an estimate of the percentage increase for the |
7 | | prior levy year if the increase is unavailable at the time the |
8 | | submission of the question is initiated by the taxing |
9 | | district) ; and dividing the result by the last known equalized |
10 | | assessed value of the taxing district at the time the |
11 | | submission of the question is initiated by the taxing district. |
12 | | This amendatory Act of the 97th General Assembly is intended to |
13 | | clarify the existing requirements of this Section, and shall |
14 | | not be construed to validate any prior non-compliant referendum |
15 | | language. Any notice required to be published in connection |
16 | | with the submission of the question shall also contain this |
17 | | supplemental information and shall not contain any other |
18 | | supplemental information. Any error, miscalculation, or |
19 | | inaccuracy in computing any amount set forth on the ballot or |
20 | | in the notice that is not deliberate shall not invalidate or |
21 | | affect the validity of any proposition approved. Notice of the |
22 | | referendum shall be published and posted as otherwise required |
23 | | by law, and the submission of the question shall be initiated |
24 | | as provided by law.
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25 | | (Source: P.A. 97-1087, eff. 8-24-12.)
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1 | | (35 ILCS 200/18-214)
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2 | | Sec. 18-214.
Referenda on removal of the applicability of |
3 | | the Property Tax
Extension Limitation Law to non-home rule |
4 | | taxing districts.
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5 | | (a) The provisions of this Section do not apply to a taxing |
6 | | district that is
subject to this Law because a majority of its |
7 | | 1990 equalized assessed value is
in a county or counties |
8 | | contiguous to a county of 3,000,000 or more
inhabitants, or |
9 | | because a majority of its 1994 equalized assessed value is in
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10 | | an
affected county and the taxing district was not subject to |
11 | | this Law before the
1995 levy year. The provisions of this |
12 | | Section do not apply to a school district that is not a |
13 | | qualified school district.
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14 | | (b) For purposes of this Section only:
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15 | | "Taxing district" means any non-home rule taxing district |
16 | | that became subject
to this Law under Section 18-213 of this |
17 | | Law.
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18 | | "Equalized assessed valuation" means the equalized |
19 | | assessed valuation for a
taxing district for the immediately |
20 | | preceding levy year.
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21 | | (c) The county board of a county that became subject to |
22 | | this Law by a
referendum approved by the voters of the county |
23 | | under Section 18-213 may, by
ordinance or resolution, in the |
24 | | manner set forth in this Section, submit to the
voters of the |
25 | | county the question of whether this Law applies to all non-home
|
26 | | rule taxing
districts that have all or a portion of their |
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1 | | equalized assessed valuation
situated in the county in the |
2 | | manner set forth in this Section.
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3 | | (d) The ordinance or resolution shall request the |
4 | | submission of the
proposition at any election, except a |
5 | | consolidated primary election, for the
purpose of voting for or |
6 | | against the continued application of the Property Tax
Extension |
7 | | Limitation Law to all non-home rule taxing districts that have |
8 | | all or
a portion of their equalized assessed valuation situated |
9 | | in the county.
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10 | | The question shall be placed on a separate ballot and shall |
11 | | be in
substantially the following form:
|
12 | | Shall
the Property Tax
Extension Limitation Law (35 |
13 | | ILCS 200/18-185 through 35 ILCS 200/18-245), which
limits |
14 | | annual property tax extension increases, apply to non-home |
15 | | rule taxing
districts with all or a portion of their |
16 | | equalized assessed valuation located
in (name of county)?
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17 | | Votes on the question shall be recorded as "yes" or "no".
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18 | | (e) The county clerk shall order the proposition submitted |
19 | | to the electors
of the county at the election specified in the |
20 | | ordinance or resolution. If
part of the county is under the |
21 | | jurisdiction of a board or boards of election
commissioners, |
22 | | the county clerk shall submit a certified copy of the ordinance
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23 | | or resolution to each board of election commissioners, which |
24 | | shall order the
proposition submitted to the electors of the |
25 | | taxing district within its
jurisdiction at the election |
26 | | specified in the ordinance or resolution.
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1 | | (f) With respect to taxing districts having all of their |
2 | | equalized assessed
valuation located in one county, if a |
3 | | majority of the votes cast on the
proposition are against the |
4 | | proposition, then this Law shall not apply to the
taxing |
5 | | district beginning on January 1 of the year following the date |
6 | | of
the referendum.
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7 | | (g) With respect to taxing districts that do not have all |
8 | | of their
equalized assessed valuation located in a single |
9 | | county, if both of the
following conditions are met, then this |
10 | | Law shall no longer apply to the taxing
district beginning on |
11 | | January 1 of the year following the date of the
referendum.
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12 | | (1) Each county in which the district has any equalized |
13 | | assessed valuation
must either, (i) have held a referendum |
14 | | under this Section, (ii) be an affected
county, or (iii) |
15 | | have held a referendum under Section 18-213 at which the
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16 | | voters rejected the proposition at the most recent election |
17 | | at which the
question was on the ballot in the county.
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18 | | (2) The majority of the equalized assessed valuation of |
19 | | the taxing
district,
other than any equalized assessed |
20 | | valuation in an affected county, is in one or
more counties |
21 | | in which the voters rejected the proposition. For purposes |
22 | | of
this
Section, in determining whether a majority of the |
23 | | equalized assessed valuation
of the taxing district is |
24 | | located in one or more counties in which the voters
have |
25 | | rejected the proposition under this Section, the equalized |
26 | | assessed
valuation of any taxing district in a county which |
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1 | | has held a referendum under
Section 18-213 at which the |
2 | | voters rejected that proposition, at the most
recent |
3 | | election at which the question was on the ballot in the |
4 | | county, will be
included with the equalized assessed value |
5 | | of the taxing district in counties
in
which the voters have |
6 | | rejected the referendum held under this Section.
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7 | | (h) Immediately after a referendum is held under this |
8 | | Section, the county
clerk of the county holding the referendum |
9 | | shall give notice of the referendum
having been held and its |
10 | | results to all taxing districts that have all or a
portion of |
11 | | their equalized assessed valuation located in the county, the |
12 | | county
clerk of any other county in which any of the equalized |
13 | | assessed valuation of
any such taxing district is located, and |
14 | | the Department of Revenue. After the
last
referendum affecting |
15 | | a multi-county taxing district is held, the Department of
|
16 | | Revenue shall determine whether the taxing district is no |
17 | | longer subject to
this Law and, if the taxing district is no |
18 | | longer subject to this Law, the
Department of Revenue shall |
19 | | notify the taxing district and the county clerks of
all of the |
20 | | counties in which a portion of the equalized assessed valuation |
21 | | of
the taxing district is located that, beginning on January 1 |
22 | | of the
year following the date of the last
referendum, the |
23 | | taxing district is no longer subject to this Law.
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24 | | (Source: P.A. 89-718, eff. 3-7-97.)
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25 | | Section 10. The School Code is amended by adding Section |
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1 | | 18-21 as follows:
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2 | | (105 ILCS 5/18-21 new) |
3 | | Sec. 18-21. Certifications to school districts. On or |
4 | | before September 30th of each year, the State Board shall |
5 | | certify to each school district whether or not the school |
6 | | district is eligible for designation as a qualified school |
7 | | district, based on the criteria set forth in Section 18-185 of |
8 | | the Property Tax Code.
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9 | | Section 99. Effective date. This Act takes effect on |
10 | | January 1, 2021, but does not take effect at all unless Senate |
11 | | Joint Resolution Constitutional Amendment No. 1 of the 101st |
12 | | General Assembly is approved by the voters of the State prior |
13 | | to that date.
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