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Full Text of HB1497
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HB1497 - 104th General Assembly
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104TH GENERAL ASSEMBLY
State of Illinois
2025 and 2026
HB1497
Introduced 1/28/2025, by Rep. Brad Halbrook
SYNOPSIS AS INTRODUCED:
35 ILCS 200/18-185
35 ILCS 200/18-187 new
35 ILCS 200/18-205
35 ILCS 200/18-242 new
Amends the Property Tax Extension Limitation Law in the Property Tax
Code. Provides that, for levy years 2026 through 2030, the term "taxing
district" includes each home rule taxing district. Provides that, for levy
years 2026 through 2030, the extension limitation is 0% or the rate of
increase approved by the voters. Contains provisions setting forth the
aggregate extension for taxing districts that became subject to the
Property Tax Extension Limitation Law as a result of the amendatory Act.
Sets forth powers and duties of the Department of Revenue. Limits the power
of home rule units to tax. Effective immediately.
LRB104 06528 HLH 16564 b
A BILL FOR
HB1497
LRB104 06528 HLH 16564 b
1
AN ACT concerning revenue.
2
Be it enacted by the People of the State of Illinois,
3
represented in the General Assembly:
4
Section 5.
The Property Tax Code is amended by changing
5
Sections 18-185 and 18-205 and by adding Sections 18-187 and
6
18-242 as follows:
7
(35 ILCS 200/18-185)
8
Sec. 18-185.
Short title; definitions.
This Division 5
9
may be cited as the Property Tax Extension Limitation Law. As
10
used in this Division 5:
11
"Consumer Price Index" means the Consumer Price Index for
12
All Urban Consumers for all items published by the United
13
States Department of Labor.
14
"Extension limitation" means
, for levy years other than
15
levy years 2026 through 2030,
(a) 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 or (b) the rate
18
of increase approved by voters under Section 18-205.
For levy
19
years 2026 through 2030, the extension limitation is 0% or the
20
rate of increase approved by the voters under Section 18-205.
21
"Affected county" means a county of 3,000,000 or more
22
inhabitants or a county contiguous to a county of 3,000,000 or
23
more inhabitants.
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1
"Taxing district" has the same meaning provided in Section
2
1-150, except as otherwise provided in this Section. For the
3
1991 through 1994 levy years only, "taxing district" includes
4
only each non-home rule taxing district having the majority of
5
its 1990 equalized assessed value within any county or
6
counties contiguous to a county with 3,000,000 or more
7
inhabitants. Beginning with the 1995 levy year, "taxing
8
district" includes only each non-home rule taxing district
9
subject to this Law before the 1995 levy year and each non-home
10
rule taxing district not subject to this Law before the 1995
11
levy year having the majority of its 1994 equalized assessed
12
value in an affected county or counties. Beginning with the
13
levy year in which this Law becomes applicable to a taxing
14
district as provided in Section 18-213, "taxing district" also
15
includes those taxing districts made subject to this Law as
16
provided in Section 18-213.
For levy years 2026 through 2030,
17
"taxing district" includes each home rule taxing district.
18
"Aggregate extension" for taxing districts to which this
19
Law applied before the 1995 levy year means the annual
20
corporate extension for the taxing district and those special
21
purpose extensions that are made annually for the taxing
22
district, excluding special purpose extensions: (a) made for
23
the taxing district to pay interest or principal on general
24
obligation bonds that were approved by referendum; (b) made
25
for any taxing district to pay interest or principal on
26
general obligation bonds issued before October 1, 1991; (c)
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1
made for any taxing district to pay interest or principal on
2
bonds issued to refund or continue to refund those bonds
3
issued before October 1, 1991; (d) made for any taxing
4
district to pay interest or principal on bonds issued to
5
refund or continue to refund bonds issued after October 1,
6
1991 that were approved by referendum; (e) made for any taxing
7
district to pay interest or principal on revenue bonds issued
8
before October 1, 1991 for payment of which a property tax levy
9
or the full faith and credit of the unit of local government is
10
pledged; however, a tax for the payment of interest or
11
principal on those bonds shall be made only after the
12
governing body of the unit of local government finds that all
13
other sources for payment are insufficient to make those
14
payments; (f) made for payments under a building commission
15
lease when the lease payments are for the retirement of bonds
16
issued by the commission before October 1, 1991, to pay for the
17
building project; (g) made for payments due under installment
18
contracts entered into before October 1, 1991; (h) made for
19
payments of principal and interest on bonds issued under the
20
Metropolitan Water Reclamation District Act to finance
21
construction projects initiated before October 1, 1991; (i)
22
made for payments of principal and interest on limited bonds,
23
as defined in Section 3 of the Local Government Debt Reform
24
Act, in an amount not to exceed the debt service extension base
25
less the amount in items (b), (c), (e), and (h) of this
26
definition for non-referendum obligations, except obligations
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1
initially issued pursuant to referendum; (j) made for payments
2
of principal and interest on bonds issued under Section 15 of
3
the Local Government Debt Reform Act; (k) made by a school
4
district that participates in the Special Education District
5
of Lake County, created by special education joint agreement
6
under Section 10-22.31 of the School Code, for payment of the
7
school district's share of the amounts required to be
8
contributed by the Special Education District of Lake County
9
to the Illinois Municipal Retirement Fund under Article 7 of
10
the Illinois Pension Code; the amount of any extension under
11
this item (k) shall be certified by the school district to the
12
county clerk; (l) made to fund expenses of providing joint
13
recreational programs for persons with disabilities under
14
Section 5-8 of the Park District Code or Section 11-95-14 of
15
the Illinois Municipal Code; (m) made for temporary relocation
16
loan repayment purposes pursuant to Sections 2-3.77 and
17
17-2.2d of the School Code; (n) made for payment of principal
18
and interest on any bonds issued under the authority of
19
Section 17-2.2d of the School Code; (o) 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;
23
(p) made for road purposes in the first year after a township
24
assumes the rights, powers, duties, assets, property,
25
liabilities, obligations, and responsibilities of a road
26
district abolished under the provisions of Section 6-133 of
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1
the Illinois Highway Code;
and
(q) made under Section 4 of the
2
Community Mental Health Act to provide the necessary funds or
3
to supplement existing funds for community mental health
4
facilities and services, including facilities and services for
5
the person with a developmental disability or a substance use
6
disorder; and
(r)
(q)
made for the payment of principal and
7
interest on any bonds issued under the authority of Section
8
17-2.11 of the School Code or to refund or continue to refund
9
those bonds.
10
"Aggregate extension" for the taxing districts to which
11
this Law did not apply before the 1995 levy year (except taxing
12
districts subject to this Law in accordance with Section
13
18-213) means the annual corporate extension for the taxing
14
district and those special purpose extensions that are made
15
annually for the taxing district, excluding special purpose
16
extensions: (a) made for the taxing district to pay interest
17
or principal on general obligation bonds that were approved by
18
referendum; (b) made for any taxing district to pay interest
19
or principal on general obligation bonds issued before March
20
1, 1995; (c) made for any taxing district to pay interest or
21
principal on bonds issued to refund or continue to refund
22
those bonds issued before March 1, 1995; (d) made for any
23
taxing district to pay interest or principal on bonds issued
24
to refund or continue to refund bonds issued after March 1,
25
1995 that were approved by referendum; (e) made for any taxing
26
district to pay interest or principal on revenue bonds issued
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LRB104 06528 HLH 16564 b
1
before March 1, 1995 for payment of which a property tax levy
2
or the full faith and credit of the unit of local government is
3
pledged; however, a tax for the payment of interest or
4
principal on those bonds shall be made only after the
5
governing body of the unit of local government finds that all
6
other sources for payment are insufficient to make those
7
payments; (f) made for payments under a building commission
8
lease when the lease payments are for the retirement of bonds
9
issued by the commission before March 1, 1995 to pay for the
10
building project; (g) made for payments due under installment
11
contracts entered into before March 1, 1995; (h) made for
12
payments of principal and interest on bonds issued under the
13
Metropolitan Water Reclamation District Act to finance
14
construction projects initiated before October 1, 1991; (h-4)
15
made for stormwater management purposes by the Metropolitan
16
Water Reclamation District of Greater Chicago under Section 12
17
of the Metropolitan Water Reclamation District Act; (h-8) made
18
for payments of principal and interest on bonds issued under
19
Section 9.6a of the Metropolitan Water Reclamation District
20
Act to make contributions to the pension fund established
21
under Article 13 of the Illinois Pension Code; (i) made for
22
payments of principal and interest on limited bonds, as
23
defined in Section 3 of the Local Government Debt Reform Act,
24
in an amount not to exceed the debt service extension base less
25
the amount in items (b), (c), and (e) of this definition for
26
non-referendum obligations, except obligations initially
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LRB104 06528 HLH 16564 b
1
issued pursuant to referendum and bonds described in
2
subsections (h) and (h-8) of this definition; (j) made for
3
payments of principal and interest on bonds issued under
4
Section 15 of the Local Government Debt Reform Act; (k) made
5
for payments of principal and interest on bonds authorized by
6
Public Act 88-503 and issued under Section 20a of the Chicago
7
Park District Act for aquarium or museum projects and bonds
8
issued under Section 20a of the Chicago Park District Act for
9
the purpose of making contributions to the pension fund
10
established under Article 12 of the Illinois Pension Code; (l)
11
made for payments of principal and interest on bonds
12
authorized by Public Act 87-1191 or 93-601 and (i) issued
13
pursuant to Section 21.2 of the Cook County Forest Preserve
14
District Act, (ii) issued under Section 42 of the Cook County
15
Forest Preserve District Act for zoological park projects, or
16
(iii) issued under Section 44.1 of the Cook County Forest
17
Preserve District Act for botanical gardens projects; (m) made
18
pursuant to Section 34-53.5 of the School Code, whether levied
19
annually or not; (n) made to fund expenses of providing joint
20
recreational programs for persons with disabilities under
21
Section 5-8 of the Park District Code or Section 11-95-14 of
22
the Illinois Municipal Code; (o) made by the Chicago Park
23
District for recreational programs for persons with
24
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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LRB104 06528 HLH 16564 b
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; (r) made for the purpose of making
5
employer contributions to the Public School Teachers' Pension
6
and Retirement Fund of Chicago under Section 34-53 of the
7
School Code;
and
(s) made under Section 4 of the Community
8
Mental Health Act to provide the necessary funds or to
9
supplement existing funds for community mental health
10
facilities and services, including facilities and services for
11
the person with a developmental disability or a substance use
12
disorder; and
(t)
(s)
made for the payment of principal and
13
interest on any bonds issued under the authority of Section
14
17-2.11 of the School Code or to refund or continue to refund
15
those bonds.
16
"Aggregate extension" for all taxing districts to which
17
this Law applies in accordance with Section 18-213, except for
18
those taxing districts subject to paragraph (2) of subsection
19
(e) of Section 18-213, means the annual corporate extension
20
for the taxing district and those special purpose extensions
21
that are made annually for the taxing district, excluding
22
special purpose extensions: (a) made for the taxing district
23
to pay interest or principal on general obligation bonds that
24
were approved by referendum; (b) made for any taxing district
25
to pay interest or principal on general obligation bonds
26
issued before the date on which the referendum making this Law
HB1497
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LRB104 06528 HLH 16564 b
1
applicable to the taxing district is held; (c) made for any
2
taxing district to pay interest or principal on bonds issued
3
to refund or continue to refund those bonds issued before the
4
date on which the referendum making this Law applicable to the
5
taxing district is held; (d) made for any taxing district to
6
pay interest or principal on bonds issued to refund or
7
continue to refund bonds issued after the date on which the
8
referendum making this Law applicable to the taxing district
9
is held if the bonds were approved by referendum after the date
10
on which the referendum making this Law applicable to the
11
taxing district is held; (e) made for any taxing district to
12
pay interest or principal on revenue bonds issued before the
13
date on which the referendum making this Law applicable to the
14
taxing district is held for payment of which a property tax
15
levy or the full faith and credit of the unit of local
16
government is pledged; however, a tax for the payment of
17
interest or principal on those bonds shall be made only after
18
the governing body of the unit of local government finds that
19
all other sources for payment are insufficient to make those
20
payments; (f) made for payments under a building commission
21
lease when the lease payments are for the retirement of bonds
22
issued by the commission before the date on which the
23
referendum making this Law applicable to the taxing district
24
is held to pay for the building project; (g) made for payments
25
due under installment contracts entered into before the date
26
on which the referendum making this Law applicable to the
HB1497
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LRB104 06528 HLH 16564 b
1
taxing district is held; (h) made for payments of principal
2
and interest on limited bonds, as defined in Section 3 of the
3
Local Government Debt Reform Act, in an amount not to exceed
4
the debt service extension base less the amount in items (b),
5
(c), and (e) of this definition for non-referendum
6
obligations, except obligations initially issued pursuant to
7
referendum; (i) made for payments of principal and interest on
8
bonds issued under Section 15 of the Local Government Debt
9
Reform Act; (j) made for a qualified airport authority to pay
10
interest or principal on general obligation bonds issued for
11
the purpose of paying obligations due under, or financing
12
airport facilities required to be acquired, constructed,
13
installed or equipped pursuant to, contracts entered into
14
before March 1, 1996 (but not including any amendments to such
15
a contract taking effect on or after that date); (k) made to
16
fund expenses of providing joint recreational programs for
17
persons with disabilities under Section 5-8 of the Park
18
District Code or Section 11-95-14 of the Illinois Municipal
19
Code; (l) made for contributions to a firefighter's pension
20
fund created under Article 4 of the Illinois Pension Code, to
21
the extent of the amount certified under item (5) of Section
22
4-134 of the Illinois Pension Code; (m) made for the taxing
23
district to pay interest or principal on general obligation
24
bonds issued pursuant to Section 19-3.10 of the School Code;
25
and
(n) made under Section 4 of the Community Mental Health Act
26
to provide the necessary funds or to supplement existing funds
HB1497
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LRB104 06528 HLH 16564 b
1
for community mental health facilities and services, including
2
facilities and services for the person with a developmental
3
disability or a substance use disorder; and
(o)
(n)
made for
4
the payment of principal and interest on any bonds issued
5
under the authority of Section 17-2.11 of the School Code or to
6
refund or continue to refund those bonds.
7
"Aggregate extension" for all taxing districts to which
8
this Law applies in accordance with paragraph (2) of
9
subsection (e) of Section 18-213 means the annual corporate
10
extension for the taxing district and those special purpose
11
extensions that are made annually for the taxing district,
12
excluding special purpose extensions: (a) made for the taxing
13
district to pay interest or principal on general obligation
14
bonds that were approved by referendum; (b) made for any
15
taxing district to pay interest or principal on general
16
obligation bonds issued before March 7, 1997 (the effective
17
date of Public Act 89-718); (c) made for any taxing district to
18
pay interest or principal on bonds issued to refund or
19
continue to refund those bonds issued before March 7, 1997
20
(the effective date of Public Act 89-718); (d) made for any
21
taxing district to pay interest or principal on bonds issued
22
to refund or continue to refund bonds issued after March 7,
23
1997 (the effective date of Public Act 89-718) if the bonds
24
were approved by referendum after March 7, 1997 (the effective
25
date of Public Act 89-718); (e) made for any taxing district to
26
pay interest or principal on revenue bonds issued before March
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LRB104 06528 HLH 16564 b
1
7, 1997 (the effective date of Public Act 89-718) for payment
2
of which a property tax levy or the full faith and credit of
3
the unit of local government is pledged; however, a tax for the
4
payment of interest or principal on those bonds shall be made
5
only after the governing body of the unit of local government
6
finds that all other sources for payment are insufficient to
7
make those payments; (f) made for payments under a building
8
commission lease when the lease payments are for the
9
retirement of bonds issued by the commission before March 7,
10
1997 (the effective date of Public Act 89-718) to pay for the
11
building project; (g) made for payments due under installment
12
contracts entered into before March 7, 1997 (the effective
13
date of Public Act 89-718); (h) made for payments of principal
14
and interest on limited bonds, as defined in Section 3 of the
15
Local Government Debt Reform Act, in an amount not to exceed
16
the debt service extension base less the amount in items (b),
17
(c), and (e) of this definition for non-referendum
18
obligations, except obligations initially issued pursuant to
19
referendum; (i) made for payments of principal and interest on
20
bonds issued under Section 15 of the Local Government Debt
21
Reform Act; (j) made for a qualified airport authority to pay
22
interest or principal on general obligation bonds issued for
23
the purpose of paying obligations due under, or financing
24
airport facilities required to be acquired, constructed,
25
installed or equipped pursuant to, contracts entered into
26
before March 1, 1996 (but not including any amendments to such
HB1497
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LRB104 06528 HLH 16564 b
1
a contract taking effect on or after that date); (k) made to
2
fund expenses of providing joint recreational programs for
3
persons with disabilities under Section 5-8 of the Park
4
District Code or Section 11-95-14 of the Illinois Municipal
5
Code; (l) made for contributions to a firefighter's pension
6
fund created under Article 4 of the Illinois Pension Code, to
7
the extent of the amount certified under item (5) of Section
8
4-134 of the Illinois Pension Code;
and
(m) made under Section
9
4 of the Community Mental Health Act to provide the necessary
10
funds or to supplement existing funds for community mental
11
health facilities and services, including facilities and
12
services for the person with a developmental disability or a
13
substance use disorder; and
(n)
(m)
made for the payment of
14
principal and interest on any bonds issued under the authority
15
of Section 17-2.11 of the School Code or to refund or continue
16
to refund those bonds.
17
"Aggregate extension" means, for taxing districts that
18
became subject to this Law as a result of this amendatory Act
19
of the 104th General Assembly, the annual corporate extension
20
for the taxing district and those special purpose extensions
21
that are made annually for the taxing district, excluding
22
special purpose extensions made for debt service on
23
obligations incurred before the effective date of this
24
amendatory Act of the 104th General Assembly.
25
"Debt service extension base" means an amount equal to
26
that portion of the extension for a taxing district for the
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1
1994 levy year, or for those taxing districts subject to this
2
Law in accordance with Section 18-213, except for those
3
subject to paragraph (2) of subsection (e) of Section 18-213,
4
for the levy year in which the referendum making this Law
5
applicable to the taxing district is held, or for those taxing
6
districts subject to this Law in accordance with paragraph (2)
7
of subsection (e) of Section 18-213 for the 1996 levy year,
8
constituting an extension for payment of principal and
9
interest on bonds issued by the taxing district without
10
referendum, but not including excluded non-referendum bonds.
11
For park districts (i) that were first subject to this Law in
12
1991 or 1995 and (ii) whose extension for the 1994 levy year
13
for the payment of principal and interest on bonds issued by
14
the park district without referendum (but not including
15
excluded non-referendum bonds) was less than 51% of the amount
16
for the 1991 levy year constituting an extension for payment
17
of principal and interest on bonds issued by the park district
18
without referendum (but not including excluded non-referendum
19
bonds), "debt service extension base" means an amount equal to
20
that portion of the extension for the 1991 levy year
21
constituting an extension for payment of principal and
22
interest on bonds issued by the park district without
23
referendum (but not including excluded non-referendum bonds).
24
A debt service extension base established or increased at any
25
time pursuant to any provision of this Law, except Section
26
18-212, shall be increased each year commencing with the later
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LRB104 06528 HLH 16564 b
1
of (i) the 2009 levy year or (ii) the first levy year in which
2
this Law becomes applicable to the taxing district, by the
3
lesser of 5% or the percentage increase in the Consumer Price
4
Index during the 12-month calendar year preceding the levy
5
year. The debt service extension base may be established or
6
increased as provided under Section 18-212. "Excluded
7
non-referendum bonds" means (i) bonds authorized by Public Act
8
88-503 and issued under Section 20a of the Chicago Park
9
District Act for aquarium and museum projects; (ii) bonds
10
issued under Section 15 of the Local Government Debt Reform
11
Act; or (iii) refunding obligations issued to refund or to
12
continue to refund obligations initially issued pursuant to
13
referendum.
14
"Special purpose extensions" include, but are not limited
15
to, extensions for levies made on an annual basis for
16
unemployment and workers' compensation, self-insurance,
17
contributions to pension plans, and extensions made pursuant
18
to Section 6-601 of the Illinois Highway Code for a road
19
district's permanent road fund whether levied annually or not.
20
The extension for a special service area is not included in the
21
aggregate extension.
22
"Aggregate extension base" means the taxing district's
23
last preceding aggregate extension as adjusted under Sections
24
18-135, 18-215, 18-230, 18-206, and 18-233. Beginning with
25
levy year 2022, for taxing districts that are specified in
26
Section 18-190.7, the taxing district's aggregate extension
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base shall be calculated as provided in Section 18-190.7. An
2
adjustment under Section 18-135 shall be made for the 2007
3
levy year and all subsequent levy years whenever one or more
4
counties within which a taxing district is located (i) used
5
estimated valuations or rates when extending taxes in the
6
taxing district for the last preceding levy year that resulted
7
in the over or under extension of taxes, or (ii) increased or
8
decreased the tax extension for the last preceding levy year
9
as required by Section 18-135(c). Whenever an adjustment is
10
required under Section 18-135, the aggregate extension base of
11
the taxing district shall be equal to the amount that the
12
aggregate extension of the taxing district would have been for
13
the last preceding levy year if either or both (i) actual,
14
rather than estimated, valuations or rates had been used to
15
calculate the extension of taxes for the last levy year, or
16
(ii) the tax extension for the last preceding levy year had not
17
been adjusted as required by subsection (c) of Section 18-135.
18
Notwithstanding any other provision of law, for levy year
19
2012, the aggregate extension base for West Northfield School
20
District No. 31 in Cook County shall be $12,654,592.
21
Notwithstanding any other provision of law, for the
22
purpose of calculating the limiting rate for levy year 2023,
23
the last preceding aggregate extension base for Homewood
24
School District No. 153 in Cook County shall be $19,535,377.
25
Notwithstanding any other provision of law, for levy year
26
2022, the aggregate extension base of a home equity assurance
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1
program that levied at least $1,000,000 in property taxes in
2
levy year 2019 or 2020 under the Home Equity Assurance Act
3
shall be the amount that the program's aggregate extension
4
base for levy year 2021 would have been if the program had
5
levied a property tax for levy year 2021.
6
"Levy year" has the same meaning as "year" under Section
7
1-155.
8
"New property" means (i) the assessed value, after final
9
board of review or board of appeals action, of new
10
improvements or additions to existing improvements on any
11
parcel of real property that increase the assessed value of
12
that real property during the levy year multiplied by the
13
equalization factor issued by the Department under Section
14
17-30, (ii) the assessed value, after final board of review or
15
board of appeals action, of real property not exempt from real
16
estate taxation, which real property was exempt from real
17
estate taxation for any portion of the immediately preceding
18
levy year, multiplied by the equalization factor issued by the
19
Department under Section 17-30, including the assessed value,
20
upon final stabilization of occupancy after new construction
21
is complete, of any real property located within the
22
boundaries of an otherwise or previously exempt military
23
reservation that is intended for residential use and owned by
24
or leased to a private corporation or other entity, (iii) in
25
counties that classify in accordance with Section 4 of Article
26
IX of the Illinois Constitution, an incentive property's
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additional assessed value resulting from a scheduled increase
2
in the level of assessment as applied to the first year final
3
board of review market value, and (iv) any increase in
4
assessed value due to oil or gas production from an oil or gas
5
well required to be permitted under the Hydraulic Fracturing
6
Regulatory Act that was not produced in or accounted for
7
during the previous levy year. In addition, the county clerk
8
in a county containing a population of 3,000,000 or more shall
9
include in the 1997 recovered tax increment value for any
10
school district, any recovered tax increment value that was
11
applicable to the 1995 tax year calculations.
12
"Qualified airport authority" means an airport authority
13
organized under the Airport Authorities Act and located in a
14
county bordering on the State of Wisconsin and having a
15
population in excess of 200,000 and not greater than 500,000.
16
"Recovered tax increment value" means, except as otherwise
17
provided in this paragraph, the amount of the current year's
18
equalized assessed value, in the first year after a
19
municipality terminates the designation of an area as a
20
redevelopment project area previously established under the
21
Tax Increment Allocation Redevelopment Act in the Illinois
22
Municipal Code, previously established under the Industrial
23
Jobs Recovery Law in the Illinois Municipal Code, previously
24
established under the Economic Development Project Area Tax
25
Increment Act of 1995, or previously established under the
26
Economic Development Area Tax Increment Allocation Act, of
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1
each taxable lot, block, tract, or parcel of real property in
2
the redevelopment project area over and above the initial
3
equalized assessed value of each property in the redevelopment
4
project area. For the taxes which are extended for the 1997
5
levy year, the recovered tax increment value for a non-home
6
rule taxing district that first became subject to this Law for
7
the 1995 levy year because a majority of its 1994 equalized
8
assessed value was in an affected county or counties shall be
9
increased if a municipality terminated the designation of an
10
area in 1993 as a redevelopment project area previously
11
established under the Tax Increment Allocation Redevelopment
12
Act in the Illinois Municipal Code, previously established
13
under the Industrial Jobs Recovery Law in the Illinois
14
Municipal Code, or previously established under the Economic
15
Development Area Tax Increment Allocation Act, by an amount
16
equal to the 1994 equalized assessed value of each taxable
17
lot, block, tract, or parcel of real property in the
18
redevelopment project area over and above the initial
19
equalized assessed value of each property in the redevelopment
20
project area. In the first year after a municipality removes a
21
taxable lot, block, tract, or parcel of real property from a
22
redevelopment project area established under the Tax Increment
23
Allocation Redevelopment Act in the Illinois Municipal Code,
24
the Industrial Jobs Recovery Law in the Illinois Municipal
25
Code, or the Economic Development Area Tax Increment
26
Allocation Act, "recovered tax increment value" means the
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1
amount of the current year's equalized assessed value of each
2
taxable lot, block, tract, or parcel of real property removed
3
from the redevelopment project area over and above the initial
4
equalized assessed value of that real property before removal
5
from the redevelopment project area.
6
Except as otherwise provided in this Section, "limiting
7
rate" means a fraction the numerator of which is the last
8
preceding aggregate extension base times an amount equal to
9
one plus the extension limitation defined in this Section and
10
the denominator of which is the current year's equalized
11
assessed value of all real property in the territory under the
12
jurisdiction of the taxing district during the prior levy
13
year. For those taxing districts that reduced their aggregate
14
extension for the last preceding levy year, except for school
15
districts that reduced their extension for educational
16
purposes pursuant to Section 18-206, the highest aggregate
17
extension in any of the last 3 preceding levy years shall be
18
used for the purpose of computing the limiting rate. The
19
denominator shall not include new property or the recovered
20
tax increment value. If a new rate, a rate decrease, or a
21
limiting rate increase has been approved at an election held
22
after March 21, 2006, then (i) the otherwise applicable
23
limiting rate shall be increased by the amount of the new rate
24
or shall be reduced by the amount of the rate decrease, as the
25
case may be, or (ii) in the case of a limiting rate increase,
26
the limiting rate shall be equal to the rate set forth in the
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proposition approved by the voters for each of the years
2
specified in the proposition, after which the limiting rate of
3
the taxing district shall be calculated as otherwise provided.
4
In the case of a taxing district that obtained referendum
5
approval for an increased limiting rate on March 20, 2012, the
6
limiting rate for tax year 2012 shall be the rate that
7
generates the approximate total amount of taxes extendable for
8
that tax year, as set forth in the proposition approved by the
9
voters; this rate shall be the final rate applied by the county
10
clerk for the aggregate of all capped funds of the district for
11
tax year 2012.
12
(Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21;
13
102-519, eff. 8-20-21; 102-558, eff. 8-20-21; 102-707, eff.
14
4-22-22; 102-813, eff. 5-13-22; 102-895, eff. 5-23-22;
15
103-154, eff. 6-30-23; 103-587, eff. 5-28-24; 103-591, eff.
16
7-1-24; 103-592, eff. 6-7-24; revised 7-9-24.)
17
(35 ILCS 200/18-187 new)
18
Sec. 18-187.
Department of Revenue powers and duties.
19
(a) For levy years 2026 through 2030, the Department may,
20
upon request of a taxing district, allow that taxing district
21
to be exempt from the provisions of this Law for a period of
22
not more than one levy year.
23
(b) For levy years 2026 through 2030, the Department may
24
review and audit property tax levies to ensure compliance with
25
this Law.
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(c) This Section is repealed on January 1, 2032.
2
(35 ILCS 200/18-205)
3
Sec. 18-205.
Referendum to increase the extension
4
limitation.
5
(a)
A taxing district is limited to an extension
6
limitation
as defined in Section 18-185
of 5% or the
7
percentage increase in the Consumer Price Index during the
8
12-month calendar year preceding the levy year, whichever is
9
less
. A taxing district may increase its extension limitation
10
for one or more levy years if that taxing district holds a
11
referendum before the levy date for the first levy year at
12
which a majority of voters voting on the issue approves
13
adoption of a higher extension limitation. Referenda shall be
14
conducted at a regularly scheduled election in accordance with
15
the Election Code.
16
(b)
The question shall be presented in substantially the
17
following manner
for all elections held after March 21, 2006
:
18
Shall the extension limitation under the Property Tax
19
Extension Limitation Law for (insert the legal name,
20
number, if any, and county or counties of the taxing
21
district and geographic or other common name by which a
22
school or community college district is known and referred
23
to), Illinois, be increased from
(applicable extension
24
limitation set forth in Section 18-185)
the lesser of 5%
25
or the percentage increase in the Consumer Price Index
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1
over the prior levy year
to (insert the percentage of the
2
proposed increase)% per year for (insert each levy year
3
for which the increased extension limitation will apply)?
4
(c)
The votes must be recorded as "Yes" or "No".
5
If a majority of voters voting on the issue approves the
6
adoption of the increase, the increase shall be applicable for
7
each levy year specified.
8
(d)
The ballot for any question submitted pursuant to this
9
Section shall have printed thereon, but not as a part of the
10
question submitted, only the following supplemental
11
information (which shall be supplied to the election authority
12
by the taxing district) in substantially the following form:
13
(1) For the (insert the first levy year for which the
14
increased extension limitation will be applicable) levy
15
year the approximate amount of the additional tax
16
extendable against property containing a single family
17
residence and having a fair market value at the time of the
18
referendum of $100,000 is estimated to be $....
19
(2) Based upon an average annual percentage increase
20
(or decrease) in the market value of such property of ...%
21
(insert percentage equal to the average annual percentage
22
increase or decrease for the prior 3 levy years, at the
23
time the submission of the question is initiated by the
24
taxing district, in the amount of (A) the equalized
25
assessed value of the taxable property in the taxing
26
district less (B) the new property included in the
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equalized assessed value), the approximate amount of the
2
additional tax extendable against such property for the
3
... levy year is estimated to be $... and for the ... levy
4
year is estimated to be $....
5
Paragraph (2) shall be included only if the increased
6
extension limitation will be applicable for more than one year
7
and shall list each levy year for which the increased
8
extension limitation will be applicable. The additional tax
9
shown for each levy year shall be the approximate dollar
10
amount of the increase over the amount of the most recently
11
completed extension at the time the submission of the question
12
is initiated by the taxing district. The approximate amount of
13
the additional tax extendable shown in paragraphs (1) and (2)
14
shall be calculated by multiplying $100,000 (the fair market
15
value of the property without regard to any property tax
16
exemptions) by (i) the percentage level of assessment
17
prescribed for that property by statute, or by ordinance of
18
the county board in counties that classify property for
19
purposes of taxation in accordance with Section 4 of Article
20
IX of the Illinois Constitution; (ii) the most recent final
21
equalization factor certified to the county clerk by the
22
Department of Revenue at the time the taxing district
23
initiates the submission of the proposition to the electors;
24
(iii) the last known aggregate extension base of the taxing
25
district at the time the submission of the question is
26
initiated by the taxing district; and (iv) the difference
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1
between the percentage increase proposed in the question and
2
the otherwise applicable extension limitation under Section
3
18-185
the lesser of 5% or the percentage increase in the
4
Consumer Price Index for the prior levy year (or an estimate of
5
the percentage increase for the prior levy year if the
6
increase is unavailable at the time the submission of the
7
question is initiated by the taxing district)
; and dividing
8
the result by the last known equalized assessed value of the
9
taxing district at the time the submission of the question is
10
initiated by the taxing district. This amendatory Act of the
11
97th General Assembly is intended to clarify the existing
12
requirements of this Section, and shall not be construed to
13
validate any prior non-compliant referendum language. Any
14
notice required to be published in connection with the
15
submission of the question shall also contain this
16
supplemental information and shall not contain any other
17
supplemental information. Any error, miscalculation, or
18
inaccuracy in computing any amount set forth on the ballot or
19
in the notice that is not deliberate shall not invalidate or
20
affect the validity of any proposition approved. Notice of the
21
referendum shall be published and posted as otherwise required
22
by law, and the submission of the question shall be initiated
23
as provided by law.
24
(Source: P.A. 97-1087, eff. 8-24-12.)
25
(35 ILCS 200/18-242 new)
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1
Sec. 18-242.
Home rule.
This Division 5 is a limitation,
2
under subsection (g) of Section 6 of Article VII of the
3
Illinois Constitution, on the power of home rule units to tax.
4
Section 99.
Effective date.
This Act takes effect upon
5
becoming law.
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