Illinois 2023-2024 Regular Session

Illinois Senate Bill SB3438 Compare Versions

Only one version of the bill is available at this time.

Old	New	Differences
1	1	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3438 Introduced 2/8/2024, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED: 30 ILCS 805/6 from Ch. 85, par. 220630 ILCS 805/8 from Ch. 85, par. 220830 ILCS 805/9.2 new35 ILCS 5/90135 ILCS 200/18-18535 ILCS 200/18-20535 ILCS 200/18-207 new35 ILCS 200/18-212 Amends the State Mandates Act. Provides that any State mandate regarding any subject matter enacted on or after the effective date of the amendatory Act that necessitates additional expenditures from local government revenues shall be void and unenforceable unless the General Assembly makes necessary appropriations and reimbursements to implement that mandate. Provides that the failure of the General Assembly to make necessary appropriations and reimbursements shall relieve the local government of the obligation to implement any State mandate. Makes conforming changes. Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that a taxing district shall reduce its aggregate extension base for the purpose of lowering its limiting rate for future years upon referendum approval initiated by the submission of a petition by the voters of the district. Provides that the extension limitation shall be: (a) the lesser of 5% or the average percentage increase in the Consumer Price Index for the immediately preceding 10 years; or (b) the rate of increase approved by the voters. Amends the Illinois Income Tax Act. Increases distributions into the Local Government Distributive Fund on and after August 1, 2024. Effective immediately. LRB103 37836 HLH 67966 b A BILL FOR 103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3438 Introduced 2/8/2024, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED: 30 ILCS 805/6 from Ch. 85, par. 220630 ILCS 805/8 from Ch. 85, par. 220830 ILCS 805/9.2 new35 ILCS 5/90135 ILCS 200/18-18535 ILCS 200/18-20535 ILCS 200/18-207 new35 ILCS 200/18-212 30 ILCS 805/6 from Ch. 85, par. 2206 30 ILCS 805/8 from Ch. 85, par. 2208 30 ILCS 805/9.2 new 35 ILCS 5/901 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-207 new 35 ILCS 200/18-212 Amends the State Mandates Act. Provides that any State mandate regarding any subject matter enacted on or after the effective date of the amendatory Act that necessitates additional expenditures from local government revenues shall be void and unenforceable unless the General Assembly makes necessary appropriations and reimbursements to implement that mandate. Provides that the failure of the General Assembly to make necessary appropriations and reimbursements shall relieve the local government of the obligation to implement any State mandate. Makes conforming changes. Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that a taxing district shall reduce its aggregate extension base for the purpose of lowering its limiting rate for future years upon referendum approval initiated by the submission of a petition by the voters of the district. Provides that the extension limitation shall be: (a) the lesser of 5% or the average percentage increase in the Consumer Price Index for the immediately preceding 10 years; or (b) the rate of increase approved by the voters. Amends the Illinois Income Tax Act. Increases distributions into the Local Government Distributive Fund on and after August 1, 2024. Effective immediately. LRB103 37836 HLH 67966 b LRB103 37836 HLH 67966 b A BILL FOR
2	2	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3438 Introduced 2/8/2024, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
3	3	30 ILCS 805/6 from Ch. 85, par. 220630 ILCS 805/8 from Ch. 85, par. 220830 ILCS 805/9.2 new35 ILCS 5/90135 ILCS 200/18-18535 ILCS 200/18-20535 ILCS 200/18-207 new35 ILCS 200/18-212 30 ILCS 805/6 from Ch. 85, par. 2206 30 ILCS 805/8 from Ch. 85, par. 2208 30 ILCS 805/9.2 new 35 ILCS 5/901 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-207 new 35 ILCS 200/18-212
4	4	30 ILCS 805/6 from Ch. 85, par. 2206
5	5	30 ILCS 805/8 from Ch. 85, par. 2208
6	6	30 ILCS 805/9.2 new
7	7	35 ILCS 5/901
8	8	35 ILCS 200/18-185
9	9	35 ILCS 200/18-205
10	10	35 ILCS 200/18-207 new
11	11	35 ILCS 200/18-212
12	12	Amends the State Mandates Act. Provides that any State mandate regarding any subject matter enacted on or after the effective date of the amendatory Act that necessitates additional expenditures from local government revenues shall be void and unenforceable unless the General Assembly makes necessary appropriations and reimbursements to implement that mandate. Provides that the failure of the General Assembly to make necessary appropriations and reimbursements shall relieve the local government of the obligation to implement any State mandate. Makes conforming changes. Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that a taxing district shall reduce its aggregate extension base for the purpose of lowering its limiting rate for future years upon referendum approval initiated by the submission of a petition by the voters of the district. Provides that the extension limitation shall be: (a) the lesser of 5% or the average percentage increase in the Consumer Price Index for the immediately preceding 10 years; or (b) the rate of increase approved by the voters. Amends the Illinois Income Tax Act. Increases distributions into the Local Government Distributive Fund on and after August 1, 2024. Effective immediately.
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18	18	1 AN ACT concerning revenue.
19	19	2 Be it enacted by the People of the State of Illinois,
20	20	3 represented in the General Assembly:
21	21	4 Section 5. The State Mandates Act is amended by changing
22	22	5 Sections 6 and 8 and by adding Section 9.2 as follows:
23	23	6 (30 ILCS 805/6) (from Ch. 85, par. 2206)
24	24	7 Sec. 6. State Reimbursement to Local Government For
25	25	8 Increased Costs Arising From Certain Mandates. (a) Any
26	26	9 increased costs accruing to local governments as a direct
27	27	10 result of mandates dealing with the organization and structure
28	28	11 of local government or due process mandates, as defined in
29	29	12 subsections (c) and (d), respectively, of Section 3 above, are
30	30	13 not reimbursable by the State.
31	31	14 (b) At least 50%, but not more than 100% of the increase in
32	32	15 costs of a local government directly attributable to a service
33	33	16 mandate as defined in subsection (f) of Section 3 enacted by
34	34	17 the General Assembly or established administratively after the
35	35	18 effective date of this Act shall be reimbursed by the State
36	36	19 unless there is in existence at the time of such enactment a
37	37	20 program of State aid for the service affected by the mandate
38	38	21 whereunder the non-local share for any participating local
39	39	22 government is 50% or greater and where the increased costs
40	40	23 arising under the mandate constitute allowable expenditures
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44	44	103RD GENERAL ASSEMBLY State of Illinois 2023 and 2024 SB3438 Introduced 2/8/2024, by Sen. Craig Wilcox SYNOPSIS AS INTRODUCED:
45	45	30 ILCS 805/6 from Ch. 85, par. 220630 ILCS 805/8 from Ch. 85, par. 220830 ILCS 805/9.2 new35 ILCS 5/90135 ILCS 200/18-18535 ILCS 200/18-20535 ILCS 200/18-207 new35 ILCS 200/18-212 30 ILCS 805/6 from Ch. 85, par. 2206 30 ILCS 805/8 from Ch. 85, par. 2208 30 ILCS 805/9.2 new 35 ILCS 5/901 35 ILCS 200/18-185 35 ILCS 200/18-205 35 ILCS 200/18-207 new 35 ILCS 200/18-212
46	46	30 ILCS 805/6 from Ch. 85, par. 2206
47	47	30 ILCS 805/8 from Ch. 85, par. 2208
48	48	30 ILCS 805/9.2 new
49	49	35 ILCS 5/901
50	50	35 ILCS 200/18-185
51	51	35 ILCS 200/18-205
52	52	35 ILCS 200/18-207 new
53	53	35 ILCS 200/18-212
54	54	Amends the State Mandates Act. Provides that any State mandate regarding any subject matter enacted on or after the effective date of the amendatory Act that necessitates additional expenditures from local government revenues shall be void and unenforceable unless the General Assembly makes necessary appropriations and reimbursements to implement that mandate. Provides that the failure of the General Assembly to make necessary appropriations and reimbursements shall relieve the local government of the obligation to implement any State mandate. Makes conforming changes. Amends the Property Tax Extension Limitation Law in the Property Tax Code. Provides that a taxing district shall reduce its aggregate extension base for the purpose of lowering its limiting rate for future years upon referendum approval initiated by the submission of a petition by the voters of the district. Provides that the extension limitation shall be: (a) the lesser of 5% or the average percentage increase in the Consumer Price Index for the immediately preceding 10 years; or (b) the rate of increase approved by the voters. Amends the Illinois Income Tax Act. Increases distributions into the Local Government Distributive Fund on and after August 1, 2024. Effective immediately.
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57	57	A BILL FOR
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63	63	30 ILCS 805/6 from Ch. 85, par. 2206
64	64	30 ILCS 805/8 from Ch. 85, par. 2208
65	65	30 ILCS 805/9.2 new
66	66	35 ILCS 5/901
67	67	35 ILCS 200/18-185
68	68	35 ILCS 200/18-205
69	69	35 ILCS 200/18-207 new
70	70	35 ILCS 200/18-212
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89	89	1 under the aid program. Where all or part of the increased costs
90	90	2 are met through federal or other external aid, only the net
91	91	3 increase to the local government shall be included in the base
92	92	4 against which the amount of State reimbursement is to be
93	93	5 computed.
94	94	6 (c) 100% of the loss in revenue of a local government
95	95	7 directly attributable to a mandated classification or
96	96	8 exemption of property for purposes of ad valorem real property
97	97	9 taxation enacted after the effective date of this Act shall be
98	98	10 reimbursed by the State. The loss of revenue does not include
99	99	11 potential revenue from property of a type which was not being
100	100	12 assessed and taxed on January 1, 1980.
101	101	13 (d) Except for a State mandate that affects personnel
102	102	14 qualifications for local employees, the salaries and wages of
103	103	15 which are financed under a State program, and except as
104	104	16 provided in subsection (e) below, any personnel mandate as
105	105	17 defined in subsection (h) of Section 3 above enacted by the
106	106	18 General Assembly or established administratively after the
107	107	19 effective date of this Act shall be reimbursed by the State to
108	108	20 the extent of increased costs incurred by local governments
109	109	21 directly attributable to such mandate.
110	110	22 (e) All of the increased costs of a local government
111	111	23 directly attributable to a mandated increase in public
112	112	24 employee retirement benefits which is enacted after the
113	113	25 effective date of this Act and which has the effect of
114	114	26 elevating retirement benefits of local government employees
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125	125	1 shall be reimbursed by the State; except that any increased
126	126	2 costs of a local government attributable to Public Act 83-152,
127	127	3 83-374, 83-375, 83-528, 83-558, 83-661, 83-664, 83-737,
128	128	4 83-772, 83-773, 83-780, 83-792, 83-793, 83-802, 83-810,
129	129	5 83-812, 83-823, 83-827 or 83-869 are not reimbursable by the
130	130	6 State.
131	131	7 (f) After the effective date of this Act, any bill filed
132	132	8 and any amended bill that creates or enlarges a State mandate
133	133	9 of the type specified in subsections (f), (g) and (h) of
134	134	10 Section 3, shall have provided and identified for it an
135	135	11 appropriation of an amount necessary to provide the
136	136	12 reimbursement specified above unless a statement, stating the
137	137	13 specific reasons for such exclusion is set out in the bill or
138	138	14 amendment as provided in subsection (a) of Section 8.
139	139	15 (g) If a local government or combination of local
140	140	16 governments has been providing a service at its option which
141	141	17 is subsequently mandated by the State, the State shall pay
142	142	18 them for the subsequent costs of such program and the local
143	143	19 government or governments shall proportionately reduce its or
144	144	20 their property tax extensions by the amount that the State
145	145	21 payment replaces property tax revenues which were being
146	146	22 expended on such service. However, for purposes of calculating
147	147	23 a school district's State aid, no district's operating tax
148	148	24 rate shall be decreased as a result of reimbursement under
149	149	25 this Act.
150	150	26 (h) Any increased costs accruing to a local government as
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161	161	1 a direct result of the requirements of the Steel Products
162	162	2 Procurement Act are not reimbursable by the State.
163	163	3 (i) The provisions of subsections (a) through (h) shall
164	164	4 apply to State mandates enacted prior to the effective date of
165	165	5 this amendatory Act of the 103rd General Assembly. On and
166	166	6 after the effective date of this amendatory Act of the 103rd
167	167	7 General Assembly, any State mandate enacted regarding any
168	168	8 subject matter that necessitates additional expenditures from
169	169	9 local government revenues shall be appropriated for and
170	170	10 reimbursed as provided under Section 9.2.
171	171	11 (Source: P.A. 83-1362.)
172	172	12 (30 ILCS 805/8) (from Ch. 85, par. 2208)
173	173	13 Sec. 8. Exclusions, reimbursement application, review,
174	174	14 appeals, and adjudication.
175	175	15 (a) Exclusions: Any of the following circumstances
176	176	16 inherent to, or associated with, a mandate shall exclude the
177	177	17 State from reimbursement liability under this Act. If the
178	178	18 mandate (1) accommodates a request from local governments or
179	179	19 organizations thereof; (2) imposes additional duties of a
180	180	20 nature which can be carried out by existing staff and
181	181	21 procedures at no appreciable net cost increase; (3) creates
182	182	22 additional costs but also provides offsetting savings
183	183	23 resulting in no aggregate increase in net costs; (4) imposes a
184	184	24 cost that is wholly or largely recovered from Federal, State
185	185	25 or other external financial aid; (5) imposes additional annual
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196	196	1 net costs of less than $1,000 for each of the several local
197	197	2 governments affected or less than $50,000, in the aggregate,
198	198	3 for all local governments affected.
199	199	4 The failure of the General Assembly to make necessary
200	200	5 appropriations shall relieve the local government of the
201	201	6 obligation to implement any service mandates, tax exemption
202	202	7 mandates, and personnel mandates, as specified in Section 6,
203	203	8 subsections (b), (c), (d) and (e), unless the exclusion
204	204	9 provided for in this Section are explicitly stated in the Act
205	205	10 establishing the mandate. In the event that funding is not
206	206	11 provided for a State-mandated program by the General Assembly,
207	207	12 the local government may implement or continue the program
208	208	13 upon approval of its governing body. If the local government
209	209	14 approves the program and funding is subsequently provided, the
210	210	15 State shall reimburse the local governments only for costs
211	211	16 incurred subsequent to the funding.
212	212	17 (a-5) The provisions of subsection (a) excluding the State
213	213	18 from reimbursement liability under this Act shall not apply to
214	214	19 any State mandate enacted on or after the effective date of
215	215	20 this amendatory Act of the 103rd General Assembly, and all
216	216	21 subsequent State mandates enacted shall be appropriated for
217	217	22 and reimbursed as provided under Section 9.2.
218	218	23 (b) Reimbursement Estimation and Appropriation Procedure.
219	219	24 (1) When a bill is introduced in the General Assembly,
220	220	25 the Legislative Reference Bureau, hereafter referred to as
221	221	26 the Bureau, shall determine whether such bill may require
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232	232	1 reimbursement to local governments pursuant to this Act.
233	233	2 The Bureau shall make such determination known in the
234	234	3 Legislative Synopsis and Digest.
235	235	4 In making the determination required by this
236	236	5 subsection (b) the Bureau shall disregard any provision in
237	237	6 a bill which would make inoperative the reimbursement
238	238	7 requirements of Section 6 above, including an express
239	239	8 exclusion of the applicability of this Act, and shall make
240	240	9 the determination irrespective of any such provision.
241	241	10 (2) Any bill or amended bill which creates or expands
242	242	11 a State mandate shall be subject to the provisions of "An
243	243	12 Act requiring fiscal notes in relation to certain bills",
244	244	13 approved June 4, 1965, as amended. The fiscal notes for
245	245	14 such bills or amended bills shall include estimates of the
246	246	15 costs to local government and the costs of any
247	247	16 reimbursement required under this Act. In the case of
248	248	17 bills having a potential fiscal impact on units of local
249	249	18 government, the fiscal note shall be prepared by the
250	250	19 Department. In the case of bills having a potential fiscal
251	251	20 impact on school districts, the fiscal note shall be
252	252	21 prepared by the State Superintendent of Education. In the
253	253	22 case of bills having a potential fiscal impact on
254	254	23 community college districts, the fiscal note shall be
255	255	24 prepared by the Illinois Community College Board. Such
256	256	25 fiscal note shall accompany the bill that requires State
257	257	26 reimbursement and shall be prepared prior to any final
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268	268	1 action on such a bill by the assigned committee. However,
269	269	2 if a fiscal note is not filed by the appropriate agency
270	270	3 within 30 days of introduction of a bill, the bill can be
271	271	4 heard in committee and advanced to the order of second
272	272	5 reading. The bill shall then remain on second reading
273	273	6 until a fiscal note is filed. A bill discharged from
274	274	7 committee shall also remain on second reading until a
275	275	8 fiscal note is provided by the appropriate agency.
276	276	9 (3) The estimate required by paragraph (2) above,
277	277	10 shall include the amount estimated to be required during
278	278	11 the first fiscal year of a bill's operation in order to
279	279	12 reimburse local governments pursuant to Section 6, for
280	280	13 costs mandated by such bill. In the event that the
281	281	14 effective date of such a bill is not the first day of the
282	282	15 fiscal year the estimate shall also include the amount
283	283	16 estimated to be required for reimbursement for the next
284	284	17 following full fiscal year.
285	285	18 (4) For the initial fiscal year, reimbursement funds
286	286	19 shall be provided as follows: (i) any statute mandating
287	287	20 such costs shall have a companion appropriation bill, and
288	288	21 (ii) any executive order mandating such costs shall be
289	289	22 accompanied by a bill to appropriate the funds therefor,
290	290	23 or, alternatively an appropriation for such funds shall be
291	291	24 included in the executive budget for the next following
292	292	25 fiscal year.
293	293	26 In subsequent fiscal years appropriations for such
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304	304	1 costs shall be included in the Governor's budget or
305	305	2 supplemental appropriation bills.
306	306	3 (c) Reimbursement Application and Disbursement Procedure.
307	307	4 (1) For the initial fiscal year during which
308	308	5 reimbursement is authorized, each local government, or
309	309	6 more than one local government wishing to join in filing a
310	310	7 single claim, believing itself to be entitled to
311	311	8 reimbursement under this Act shall submit to the
312	312	9 Department, State Superintendent of Education or Illinois
313	313	10 Community College Board within 60 days of the effective
314	314	11 date of the mandate a claim for reimbursement accompanied
315	315	12 by its estimate of the increased costs required by the
316	316	13 mandate for the balance of the fiscal year. The
317	317	14 Department, State Superintendent of Education or Illinois
318	318	15 Community College Board shall review such claim and
319	319	16 estimate, shall apportion the claim into 3 equal
320	320	17 installments and shall direct the Comptroller to pay the
321	321	18 installments at equal intervals throughout the remainder
322	322	19 of the fiscal year from the funds appropriated for such
323	323	20 purposes, provided that the Department, State
324	324	21 Superintendent of Education or Illinois Community College
325	325	22 Board may (i) audit the records of any local government to
326	326	23 verify the actual amount of the mandated cost, and (ii)
327	327	24 reduce any claim determined to be excessive or
328	328	25 unreasonable.
329	329	26 (2) For the subsequent fiscal years, local governments
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340	340	1 shall submit claims as specified above on or before
341	341	2 October 1 of each year. The Department, State
342	342	3 Superintendent of Education or Illinois Community College
343	343	4 Board shall apportion the claims into 3 equal installments
344	344	5 and shall direct the Comptroller to pay the first
345	345	6 installment upon approval of the claims, with subsequent
346	346	7 installments to follow on January 1 and March 1, such
347	347	8 claims to be paid from funds appropriated therefor,
348	348	9 provided that the Department, State Superintendent of
349	349	10 Education or Illinois Community College Board (i) may
350	350	11 audit the records of any local governments to verify the
351	351	12 actual amount of the mandated cost, (ii) may reduce any
352	352	13 claim, determined to be excessive or unreasonable, and
353	353	14 (iii) shall adjust the payment to correct for any
354	354	15 underpayments or overpayments which occurred in the
355	355	16 previous fiscal year.
356	356	17 (3) Any funds received by a local government pursuant
357	357	18 to this Act may be used for any public purpose.
358	358	19 If the funds appropriated for reimbursement of the
359	359	20 costs of local government resulting from the creation or
360	360	21 expansion of a State mandate are less than the total of the
361	361	22 approved claims, the amount appropriated shall be prorated
362	362	23 among the local governments having approved claims.
363	363	24 (d) Appeals and Adjudication.
364	364	25 (1) Local governments may appeal determinations made
365	365	26 by State agencies acting pursuant to subsection (c) above.
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376	376	1 The appeal must be submitted to the State Mandates Board
377	377	2 of Review created by Section 9.1 of this Act within 60 days
378	378	3 following the date of receipt of the determination being
379	379	4 appealed. The appeal must include evidence as to the
380	380	5 extent to which the mandate has been carried out in an
381	381	6 effective manner and executed without recourse to
382	382	7 standards of staffing or expenditure higher than specified
383	383	8 in the mandatory statute, if such standards are specified
384	384	9 in the statute. The State Mandates Board of Review, after
385	385	10 reviewing the evidence submitted to it, may increase or
386	386	11 reduce the amount of a reimbursement claim. The decision
387	387	12 of the State Mandates Board of Review shall be final
388	388	13 subject to judicial review. However, if sufficient funds
389	389	14 have not been appropriated, the Department shall notify
390	390	15 the General Assembly of such cost, and appropriations for
391	391	16 such costs shall be included in a supplemental
392	392	17 appropriation bill.
393	393	18 (2) A local government may also appeal directly to the
394	394	19 State Mandates Board of Review in those situations in
395	395	20 which the Department of Commerce and Economic Opportunity
396	396	21 does not act upon the local government's application for
397	397	22 reimbursement or request for mandate determination
398	398	23 submitted under this Act. The appeal must include evidence
399	399	24 that the application for reimbursement or request for
400	400	25 mandate determination was properly filed and should have
401	401	26 been reviewed by the Department.
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412	412	1 An appeal may be made to the Board if the Department
413	413	2 does not respond to a local government's application for
414	414	3 reimbursement or request for mandate determination within
415	415	4 120 days after filing the application or request. In no
416	416	5 case, however, may an appeal be brought more than one year
417	417	6 after the application or request is filed with the
418	418	7 Department.
419	419	8 (Source: P.A. 94-793, eff. 5-19-06.)
420	420	9 (30 ILCS 805/9.2 new)
421	421	10 Sec. 9.2. Unfunded State mandates prohibited.
422	422	11 Notwithstanding any provision of law to the contrary, any
423	423	12 State mandate regarding any subject matter enacted on or after
424	424	13 the effective date of this amendatory Act of the 103rd General
425	425	14 Assembly that necessitates additional expenditures from local
426	426	15 government revenues shall be void and unenforceable unless the
427	427	16 General Assembly makes necessary appropriations and
428	428	17 reimbursements to implement that mandate. The failure of the
429	429	18 General Assembly to make necessary appropriations and
430	430	19 reimbursements shall relieve the local government of the
431	431	20 obligation to implement any State mandate.
432	432	21 Section 10. The Illinois Income Tax Act is amended by
433	433	22 changing Section 901 as follows:
434	434	23 (35 ILCS 5/901)
435	435
436	436
437	437
438	438
439	439
440	440	SB3438 - 11 - LRB103 37836 HLH 67966 b
441	441
442	442
443	443	SB3438- 12 -LRB103 37836 HLH 67966 b SB3438 - 12 - LRB103 37836 HLH 67966 b
444	444	SB3438 - 12 - LRB103 37836 HLH 67966 b
445	445	1 Sec. 901. Collection authority.
446	446	2 (a) In general. The Department shall collect the taxes
447	447	3 imposed by this Act. The Department shall collect certified
448	448	4 past due child support amounts under Section 2505-650 of the
449	449	5 Department of Revenue Law of the Civil Administrative Code of
450	450	6 Illinois. Except as provided in subsections (b), (c), (e),
451	451	7 (f), (g), and (h) of this Section, money collected pursuant to
452	452	8 subsections (a) and (b) of Section 201 of this Act shall be
453	453	9 paid into the General Revenue Fund in the State treasury;
454	454	10 money collected pursuant to subsections (c) and (d) of Section
455	455	11 201 of this Act shall be paid into the Personal Property Tax
456	456	12 Replacement Fund, a special fund in the State Treasury; and
457	457	13 money collected under Section 2505-650 of the Department of
458	458	14 Revenue Law of the Civil Administrative Code of Illinois shall
459	459	15 be paid into the Child Support Enforcement Trust Fund, a
460	460	16 special fund outside the State Treasury, or to the State
461	461	17 Disbursement Unit established under Section 10-26 of the
462	462	18 Illinois Public Aid Code, as directed by the Department of
463	463	19 Healthcare and Family Services.
464	464	20 (b) Local Government Distributive Fund. Beginning August
465	465	21 1, 2017 and continuing through July 31, 2022, the Treasurer
466	466	22 shall transfer each month from the General Revenue Fund to the
467	467	23 Local Government Distributive Fund an amount equal to the sum
468	468	24 of: (i) 6.06% (10% of the ratio of the 3% individual income tax
469	469	25 rate prior to 2011 to the 4.95% individual income tax rate
470	470	26 after July 1, 2017) of the net revenue realized from the tax
471	471
472	472
473	473
474	474
475	475
476	476	SB3438 - 12 - LRB103 37836 HLH 67966 b
477	477
478	478
479	479	SB3438- 13 -LRB103 37836 HLH 67966 b SB3438 - 13 - LRB103 37836 HLH 67966 b
480	480	SB3438 - 13 - LRB103 37836 HLH 67966 b
481	481	1 imposed by subsections (a) and (b) of Section 201 of this Act
482	482	2 upon individuals, trusts, and estates during the preceding
483	483	3 month; (ii) 6.85% (10% of the ratio of the 4.8% corporate
484	484	4 income tax rate prior to 2011 to the 7% corporate income tax
485	485	5 rate after July 1, 2017) of the net revenue realized from the
486	486	6 tax imposed by subsections (a) and (b) of Section 201 of this
487	487	7 Act upon corporations during the preceding month; and (iii)
488	488	8 beginning February 1, 2022, 6.06% of the net revenue realized
489	489	9 from the tax imposed by subsection (p) of Section 201 of this
490	490	10 Act upon electing pass-through entities. From Beginning August
491	491	11 1, 2022 and continuing through July 31, 2024 2023, the
492	492	12 Treasurer shall transfer each month from the General Revenue
493	493	13 Fund to the Local Government Distributive Fund an amount equal
494	494	14 to the sum of: (i) 6.16% of the net revenue realized from the
495	495	15 tax imposed by subsections (a) and (b) of Section 201 of this
496	496	16 Act upon individuals, trusts, and estates during the preceding
497	497	17 month; (ii) 6.85% of the net revenue realized from the tax
498	498	18 imposed by subsections (a) and (b) of Section 201 of this Act
499	499	19 upon corporations during the preceding month; and (iii) 6.16%
500	500	20 of the net revenue realized from the tax imposed by subsection
501	501	21 (p) of Section 201 of this Act upon electing pass-through
502	502	22 entities. From August 1, 2024 through July 31, 2025, the
503	503	23 Treasurer shall transfer each month from the General Revenue
504	504	24 Fund to the Local Government Distributive Fund an amount equal
505	505	25 to the sum of: (i) 7% of the net revenue realized from the tax
506	506	26 imposed by subsections (a) and (b) of Section 201 of this Act
507	507
508	508
509	509
510	510
511	511
512	512	SB3438 - 13 - LRB103 37836 HLH 67966 b
513	513
514	514
515	515	SB3438- 14 -LRB103 37836 HLH 67966 b SB3438 - 14 - LRB103 37836 HLH 67966 b
516	516	SB3438 - 14 - LRB103 37836 HLH 67966 b
517	517	1 upon individuals, trusts, and estates during the preceding
518	518	2 month; (ii) 8.11% of the net revenue realized from the tax
519	519	3 imposed by subsections (a) and (b) of Section 201 of this Act
520	520	4 upon corporations during the preceding month; and (iii) 7% of
521	521	5 the net revenue realized from the tax imposed by subsection
522	522	6 (p) of Section 201 of this Act upon electing pass-through
523	523	7 entities. Beginning on August 1, 2025, the Treasurer shall
524	524	8 transfer each month from the General Revenue Fund to the Local
525	525	9 Government Distributive Fund an amount equal to the sum of:
526	526	10 (i) 8% of the net revenue realized from the tax imposed by
527	527	11 subsections (a) and (b) of Section 201 of this Act upon
528	528	12 individuals, trusts, and estates during the preceding month;
529	529	13 (ii) 9.11% of the net revenue realized from the tax imposed by
530	530	14 subsections (a) and (b) of Section 201 of this Act upon
531	531	15 corporations during the preceding month; and (iii) 8% of the
532	532	16 net revenue realized from the tax imposed by subsection (p) of
533	533	17 Section 201 of this Act upon electing pass-through entities.
534	534	18 Beginning August 1, 2023, the Treasurer shall transfer each
535	535	19 month from the General Revenue Fund to the Local Government
536	536	20 Distributive Fund an amount equal to the sum of: (i) 6.47% of
537	537	21 the net revenue realized from the tax imposed by subsections
538	538	22 (a) and (b) of Section 201 of this Act upon individuals,
539	539	23 trusts, and estates during the preceding month; (ii) 6.85% of
540	540	24 the net revenue realized from the tax imposed by subsections
541	541	25 (a) and (b) of Section 201 of this Act upon corporations during
542	542	26 the preceding month; and (iii) 6.47% of the net revenue
543	543
544	544
545	545
546	546
547	547
548	548	SB3438 - 14 - LRB103 37836 HLH 67966 b
549	549
550	550
551	551	SB3438- 15 -LRB103 37836 HLH 67966 b SB3438 - 15 - LRB103 37836 HLH 67966 b
552	552	SB3438 - 15 - LRB103 37836 HLH 67966 b
553	553	1 realized from the tax imposed by subsection (p) of Section 201
554	554	2 of this Act upon electing pass-through entities. Net revenue
555	555	3 realized for a month shall be defined as the revenue from the
556	556	4 tax imposed by subsections (a) and (b) of Section 201 of this
557	557	5 Act which is deposited into the General Revenue Fund, the
558	558	6 Education Assistance Fund, the Income Tax Surcharge Local
559	559	7 Government Distributive Fund, the Fund for the Advancement of
560	560	8 Education, and the Commitment to Human Services Fund during
561	561	9 the month minus the amount paid out of the General Revenue Fund
562	562	10 in State warrants during that same month as refunds to
563	563	11 taxpayers for overpayment of liability under the tax imposed
564	564	12 by subsections (a) and (b) of Section 201 of this Act.
565	565	13 Notwithstanding any provision of law to the contrary,
566	566	14 beginning on July 6, 2017 (the effective date of Public Act
567	567	15 100-23), those amounts required under this subsection (b) to
568	568	16 be transferred by the Treasurer into the Local Government
569	569	17 Distributive Fund from the General Revenue Fund shall be
570	570	18 directly deposited into the Local Government Distributive Fund
571	571	19 as the revenue is realized from the tax imposed by subsections
572	572	20 (a) and (b) of Section 201 of this Act.
573	573	21 (c) Deposits Into Income Tax Refund Fund.
574	574	22 (1) Beginning on January 1, 1989 and thereafter, the
575	575	23 Department shall deposit a percentage of the amounts
576	576	24 collected pursuant to subsections (a) and (b)(1), (2), and
577	577	25 (3) of Section 201 of this Act into a fund in the State
578	578	26 treasury known as the Income Tax Refund Fund. Beginning
579	579
580	580
581	581
582	582
583	583
584	584	SB3438 - 15 - LRB103 37836 HLH 67966 b
585	585
586	586
587	587	SB3438- 16 -LRB103 37836 HLH 67966 b SB3438 - 16 - LRB103 37836 HLH 67966 b
588	588	SB3438 - 16 - LRB103 37836 HLH 67966 b
589	589	1 with State fiscal year 1990 and for each fiscal year
590	590	2 thereafter, the percentage deposited into the Income Tax
591	591	3 Refund Fund during a fiscal year shall be the Annual
592	592	4 Percentage. For fiscal year 2011, the Annual Percentage
593	593	5 shall be 8.75%. For fiscal year 2012, the Annual
594	594	6 Percentage shall be 8.75%. For fiscal year 2013, the
595	595	7 Annual Percentage shall be 9.75%. For fiscal year 2014,
596	596	8 the Annual Percentage shall be 9.5%. For fiscal year 2015,
597	597	9 the Annual Percentage shall be 10%. For fiscal year 2018,
598	598	10 the Annual Percentage shall be 9.8%. For fiscal year 2019,
599	599	11 the Annual Percentage shall be 9.7%. For fiscal year 2020,
600	600	12 the Annual Percentage shall be 9.5%. For fiscal year 2021,
601	601	13 the Annual Percentage shall be 9%. For fiscal year 2022,
602	602	14 the Annual Percentage shall be 9.25%. For fiscal year
603	603	15 2023, the Annual Percentage shall be 9.25%. For fiscal
604	604	16 year 2024, the Annual Percentage shall be 9.15%. For all
605	605	17 other fiscal years, the Annual Percentage shall be
606	606	18 calculated as a fraction, the numerator of which shall be
607	607	19 the amount of refunds approved for payment by the
608	608	20 Department during the preceding fiscal year as a result of
609	609	21 overpayment of tax liability under subsections (a) and
610	610	22 (b)(1), (2), and (3) of Section 201 of this Act plus the
611	611	23 amount of such refunds remaining approved but unpaid at
612	612	24 the end of the preceding fiscal year, minus the amounts
613	613	25 transferred into the Income Tax Refund Fund from the
614	614	26 Tobacco Settlement Recovery Fund, and the denominator of
615	615
616	616
617	617
618	618
619	619
620	620	SB3438 - 16 - LRB103 37836 HLH 67966 b
621	621
622	622
623	623	SB3438- 17 -LRB103 37836 HLH 67966 b SB3438 - 17 - LRB103 37836 HLH 67966 b
624	624	SB3438 - 17 - LRB103 37836 HLH 67966 b
625	625	1 which shall be the amounts which will be collected
626	626	2 pursuant to subsections (a) and (b)(1), (2), and (3) of
627	627	3 Section 201 of this Act during the preceding fiscal year;
628	628	4 except that in State fiscal year 2002, the Annual
629	629	5 Percentage shall in no event exceed 7.6%. The Director of
630	630	6 Revenue shall certify the Annual Percentage to the
631	631	7 Comptroller on the last business day of the fiscal year
632	632	8 immediately preceding the fiscal year for which it is to
633	633	9 be effective.
634	634	10 (2) Beginning on January 1, 1989 and thereafter, the
635	635	11 Department shall deposit a percentage of the amounts
636	636	12 collected pursuant to subsections (a) and (b)(6), (7), and
637	637	13 (8), (c) and (d) of Section 201 of this Act into a fund in
638	638	14 the State treasury known as the Income Tax Refund Fund.
639	639	15 Beginning with State fiscal year 1990 and for each fiscal
640	640	16 year thereafter, the percentage deposited into the Income
641	641	17 Tax Refund Fund during a fiscal year shall be the Annual
642	642	18 Percentage. For fiscal year 2011, the Annual Percentage
643	643	19 shall be 17.5%. For fiscal year 2012, the Annual
644	644	20 Percentage shall be 17.5%. For fiscal year 2013, the
645	645	21 Annual Percentage shall be 14%. For fiscal year 2014, the
646	646	22 Annual Percentage shall be 13.4%. For fiscal year 2015,
647	647	23 the Annual Percentage shall be 14%. For fiscal year 2018,
648	648	24 the Annual Percentage shall be 17.5%. For fiscal year
649	649	25 2019, the Annual Percentage shall be 15.5%. For fiscal
650	650	26 year 2020, the Annual Percentage shall be 14.25%. For
651	651
652	652
653	653
654	654
655	655
656	656	SB3438 - 17 - LRB103 37836 HLH 67966 b
657	657
658	658
659	659	SB3438- 18 -LRB103 37836 HLH 67966 b SB3438 - 18 - LRB103 37836 HLH 67966 b
660	660	SB3438 - 18 - LRB103 37836 HLH 67966 b
661	661	1 fiscal year 2021, the Annual Percentage shall be 14%. For
662	662	2 fiscal year 2022, the Annual Percentage shall be 15%. For
663	663	3 fiscal year 2023, the Annual Percentage shall be 14.5%.
664	664	4 For fiscal year 2024, the Annual Percentage shall be 14%.
665	665	5 For all other fiscal years, the Annual Percentage shall be
666	666	6 calculated as a fraction, the numerator of which shall be
667	667	7 the amount of refunds approved for payment by the
668	668	8 Department during the preceding fiscal year as a result of
669	669	9 overpayment of tax liability under subsections (a) and
670	670	10 (b)(6), (7), and (8), (c) and (d) of Section 201 of this
671	671	11 Act plus the amount of such refunds remaining approved but
672	672	12 unpaid at the end of the preceding fiscal year, and the
673	673	13 denominator of which shall be the amounts which will be
674	674	14 collected pursuant to subsections (a) and (b)(6), (7), and
675	675	15 (8), (c) and (d) of Section 201 of this Act during the
676	676	16 preceding fiscal year; except that in State fiscal year
677	677	17 2002, the Annual Percentage shall in no event exceed 23%.
678	678	18 The Director of Revenue shall certify the Annual
679	679	19 Percentage to the Comptroller on the last business day of
680	680	20 the fiscal year immediately preceding the fiscal year for
681	681	21 which it is to be effective.
682	682	22 (3) The Comptroller shall order transferred and the
683	683	23 Treasurer shall transfer from the Tobacco Settlement
684	684	24 Recovery Fund to the Income Tax Refund Fund (i)
685	685	25 $35,000,000 in January, 2001, (ii) $35,000,000 in January,
686	686	26 2002, and (iii) $35,000,000 in January, 2003.
687	687
688	688
689	689
690	690
691	691
692	692	SB3438 - 18 - LRB103 37836 HLH 67966 b
693	693
694	694
695	695	SB3438- 19 -LRB103 37836 HLH 67966 b SB3438 - 19 - LRB103 37836 HLH 67966 b
696	696	SB3438 - 19 - LRB103 37836 HLH 67966 b
697	697	1 (d) Expenditures from Income Tax Refund Fund.
698	698	2 (1) Beginning January 1, 1989, money in the Income Tax
699	699	3 Refund Fund shall be expended exclusively for the purpose
700	700	4 of paying refunds resulting from overpayment of tax
701	701	5 liability under Section 201 of this Act and for making
702	702	6 transfers pursuant to this subsection (d), except that in
703	703	7 State fiscal years 2022 and 2023, moneys in the Income Tax
704	704	8 Refund Fund shall also be used to pay one-time rebate
705	705	9 payments as provided under Sections 208.5 and 212.1.
706	706	10 (2) The Director shall order payment of refunds
707	707	11 resulting from overpayment of tax liability under Section
708	708	12 201 of this Act from the Income Tax Refund Fund only to the
709	709	13 extent that amounts collected pursuant to Section 201 of
710	710	14 this Act and transfers pursuant to this subsection (d) and
711	711	15 item (3) of subsection (c) have been deposited and
712	712	16 retained in the Fund.
713	713	17 (3) As soon as possible after the end of each fiscal
714	714	18 year, the Director shall order transferred and the State
715	715	19 Treasurer and State Comptroller shall transfer from the
716	716	20 Income Tax Refund Fund to the Personal Property Tax
717	717	21 Replacement Fund an amount, certified by the Director to
718	718	22 the Comptroller, equal to the excess of the amount
719	719	23 collected pursuant to subsections (c) and (d) of Section
720	720	24 201 of this Act deposited into the Income Tax Refund Fund
721	721	25 during the fiscal year over the amount of refunds
722	722	26 resulting from overpayment of tax liability under
723	723
724	724
725	725
726	726
727	727
728	728	SB3438 - 19 - LRB103 37836 HLH 67966 b
729	729
730	730
731	731	SB3438- 20 -LRB103 37836 HLH 67966 b SB3438 - 20 - LRB103 37836 HLH 67966 b
732	732	SB3438 - 20 - LRB103 37836 HLH 67966 b
733	733	1 subsections (c) and (d) of Section 201 of this Act paid
734	734	2 from the Income Tax Refund Fund during the fiscal year.
735	735	3 (4) As soon as possible after the end of each fiscal
736	736	4 year, the Director shall order transferred and the State
737	737	5 Treasurer and State Comptroller shall transfer from the
738	738	6 Personal Property Tax Replacement Fund to the Income Tax
739	739	7 Refund Fund an amount, certified by the Director to the
740	740	8 Comptroller, equal to the excess of the amount of refunds
741	741	9 resulting from overpayment of tax liability under
742	742	10 subsections (c) and (d) of Section 201 of this Act paid
743	743	11 from the Income Tax Refund Fund during the fiscal year
744	744	12 over the amount collected pursuant to subsections (c) and
745	745	13 (d) of Section 201 of this Act deposited into the Income
746	746	14 Tax Refund Fund during the fiscal year.
747	747	15 (4.5) As soon as possible after the end of fiscal year
748	748	16 1999 and of each fiscal year thereafter, the Director
749	749	17 shall order transferred and the State Treasurer and State
750	750	18 Comptroller shall transfer from the Income Tax Refund Fund
751	751	19 to the General Revenue Fund any surplus remaining in the
752	752	20 Income Tax Refund Fund as of the end of such fiscal year;
753	753	21 excluding for fiscal years 2000, 2001, and 2002 amounts
754	754	22 attributable to transfers under item (3) of subsection (c)
755	755	23 less refunds resulting from the earned income tax credit,
756	756	24 and excluding for fiscal year 2022 amounts attributable to
757	757	25 transfers from the General Revenue Fund authorized by
758	758	26 Public Act 102-700.
759	759
760	760
761	761
762	762
763	763
764	764	SB3438 - 20 - LRB103 37836 HLH 67966 b
765	765
766	766
767	767	SB3438- 21 -LRB103 37836 HLH 67966 b SB3438 - 21 - LRB103 37836 HLH 67966 b
768	768	SB3438 - 21 - LRB103 37836 HLH 67966 b
769	769	1 (5) This Act shall constitute an irrevocable and
770	770	2 continuing appropriation from the Income Tax Refund Fund
771	771	3 for the purposes of (i) paying refunds upon the order of
772	772	4 the Director in accordance with the provisions of this
773	773	5 Section and (ii) paying one-time rebate payments under
774	774	6 Sections 208.5 and 212.1.
775	775	7 (e) Deposits into the Education Assistance Fund and the
776	776	8 Income Tax Surcharge Local Government Distributive Fund. On
777	777	9 July 1, 1991, and thereafter, of the amounts collected
778	778	10 pursuant to subsections (a) and (b) of Section 201 of this Act,
779	779	11 minus deposits into the Income Tax Refund Fund, the Department
780	780	12 shall deposit 7.3% into the Education Assistance Fund in the
781	781	13 State Treasury. Beginning July 1, 1991, and continuing through
782	782	14 January 31, 1993, of the amounts collected pursuant to
783	783	15 subsections (a) and (b) of Section 201 of the Illinois Income
784	784	16 Tax Act, minus deposits into the Income Tax Refund Fund, the
785	785	17 Department shall deposit 3.0% into the Income Tax Surcharge
786	786	18 Local Government Distributive Fund in the State Treasury.
787	787	19 Beginning February 1, 1993 and continuing through June 30,
788	788	20 1993, of the amounts collected pursuant to subsections (a) and
789	789	21 (b) of Section 201 of the Illinois Income Tax Act, minus
790	790	22 deposits into the Income Tax Refund Fund, the Department shall
791	791	23 deposit 4.4% into the Income Tax Surcharge Local Government
792	792	24 Distributive Fund in the State Treasury. Beginning July 1,
793	793	25 1993, and continuing through June 30, 1994, of the amounts
794	794	26 collected under subsections (a) and (b) of Section 201 of this
795	795
796	796
797	797
798	798
799	799
800	800	SB3438 - 21 - LRB103 37836 HLH 67966 b
801	801
802	802
803	803	SB3438- 22 -LRB103 37836 HLH 67966 b SB3438 - 22 - LRB103 37836 HLH 67966 b
804	804	SB3438 - 22 - LRB103 37836 HLH 67966 b
805	805	1 Act, minus deposits into the Income Tax Refund Fund, the
806	806	2 Department shall deposit 1.475% into the Income Tax Surcharge
807	807	3 Local Government Distributive Fund in the State Treasury.
808	808	4 (f) Deposits into the Fund for the Advancement of
809	809	5 Education. Beginning February 1, 2015, the Department shall
810	810	6 deposit the following portions of the revenue realized from
811	811	7 the tax imposed upon individuals, trusts, and estates by
812	812	8 subsections (a) and (b) of Section 201 of this Act, minus
813	813	9 deposits into the Income Tax Refund Fund, into the Fund for the
814	814	10 Advancement of Education:
815	815	11 (1) beginning February 1, 2015, and prior to February
816	816	12 1, 2025, 1/30; and
817	817	13 (2) beginning February 1, 2025, 1/26.
818	818	14 If the rate of tax imposed by subsection (a) and (b) of
819	819	15 Section 201 is reduced pursuant to Section 201.5 of this Act,
820	820	16 the Department shall not make the deposits required by this
821	821	17 subsection (f) on or after the effective date of the
822	822	18 reduction.
823	823	19 (g) Deposits into the Commitment to Human Services Fund.
824	824	20 Beginning February 1, 2015, the Department shall deposit the
825	825	21 following portions of the revenue realized from the tax
826	826	22 imposed upon individuals, trusts, and estates by subsections
827	827	23 (a) and (b) of Section 201 of this Act, minus deposits into the
828	828	24 Income Tax Refund Fund, into the Commitment to Human Services
829	829	25 Fund:
830	830	26 (1) beginning February 1, 2015, and prior to February
831	831
832	832
833	833
834	834
835	835
836	836	SB3438 - 22 - LRB103 37836 HLH 67966 b
837	837
838	838
839	839	SB3438- 23 -LRB103 37836 HLH 67966 b SB3438 - 23 - LRB103 37836 HLH 67966 b
840	840	SB3438 - 23 - LRB103 37836 HLH 67966 b
841	841	1 1, 2025, 1/30; and
842	842	2 (2) beginning February 1, 2025, 1/26.
843	843	3 If the rate of tax imposed by subsection (a) and (b) of
844	844	4 Section 201 is reduced pursuant to Section 201.5 of this Act,
845	845	5 the Department shall not make the deposits required by this
846	846	6 subsection (g) on or after the effective date of the
847	847	7 reduction.
848	848	8 (h) Deposits into the Tax Compliance and Administration
849	849	9 Fund. Beginning on the first day of the first calendar month to
850	850	10 occur on or after August 26, 2014 (the effective date of Public
851	851	11 Act 98-1098), each month the Department shall pay into the Tax
852	852	12 Compliance and Administration Fund, to be used, subject to
853	853	13 appropriation, to fund additional auditors and compliance
854	854	14 personnel at the Department, an amount equal to 1/12 of 5% of
855	855	15 the cash receipts collected during the preceding fiscal year
856	856	16 by the Audit Bureau of the Department from the tax imposed by
857	857	17 subsections (a), (b), (c), and (d) of Section 201 of this Act,
858	858	18 net of deposits into the Income Tax Refund Fund made from those
859	859	19 cash receipts.
860	860	20 (Source: P.A. 102-16, eff. 6-17-21; 102-558, eff. 8-20-21;
861	861	21 102-658, eff. 8-27-21; 102-699, eff. 4-19-22; 102-700, eff.
862	862	22 4-19-22; 102-813, eff. 5-13-22; 103-8, eff. 6-7-23; 103-154,
863	863	23 eff. 6-30-23.)
864	864	24 Section 15. The Property Tax Code is amended by changing
865	865	25 Sections 18-185, 18-205, and 18-212 and by adding Section
866	866
867	867
868	868
869	869
870	870
871	871	SB3438 - 23 - LRB103 37836 HLH 67966 b
872	872
873	873
874	874	SB3438- 24 -LRB103 37836 HLH 67966 b SB3438 - 24 - LRB103 37836 HLH 67966 b
875	875	SB3438 - 24 - LRB103 37836 HLH 67966 b
876	876	1 18-207 as follows:
877	877	2 (35 ILCS 200/18-185)
878	878	3 Sec. 18-185. Short title; definitions. This Division 5
879	879	4 may be cited as the Property Tax Extension Limitation Law. As
880	880	5 used in this Division 5:
881	881	6 "Consumer Price Index" means the Consumer Price Index for
882	882	7 All Urban Consumers for all items published by the United
883	883	8 States Department of Labor.
884	884	9 "Extension limitation" means, for taxable years prior to
885	885	10 2025: (a) the lesser of 5% or the percentage increase in the
886	886	11 Consumer Price Index during the 12-month calendar year
887	887	12 preceding the levy year; or (b) the rate of increase approved
888	888	13 by voters under Section 18-205.
889	889	14 "Extension limitation" means, for taxable year 2025 and
890	890	15 thereafter: (a) the lesser of 5% or the average percentage
891	891	16 increase in the Consumer Price Index for the 10 years
892	892	17 immediately preceding the levy year for which the extension
893	893	18 limitation is being calculated; or (b) the rate of increase
894	894	19 approved by voters under Section 18-205.
895	895	20 "Affected county" means a county of 3,000,000 or more
896	896	21 inhabitants or a county contiguous to a county of 3,000,000 or
897	897	22 more inhabitants.
898	898	23 "Taxing district" has the same meaning provided in Section
899	899	24 1-150, except as otherwise provided in this Section. For the
900	900	25 1991 through 1994 levy years only, "taxing district" includes
901	901
902	902
903	903
904	904
905	905
906	906	SB3438 - 24 - LRB103 37836 HLH 67966 b
907	907
908	908
909	909	SB3438- 25 -LRB103 37836 HLH 67966 b SB3438 - 25 - LRB103 37836 HLH 67966 b
910	910	SB3438 - 25 - LRB103 37836 HLH 67966 b
911	911	1 only each non-home rule taxing district having the majority of
912	912	2 its 1990 equalized assessed value within any county or
913	913	3 counties contiguous to a county with 3,000,000 or more
914	914	4 inhabitants. Beginning with the 1995 levy year, "taxing
915	915	5 district" includes only each non-home rule taxing district
916	916	6 subject to this Law before the 1995 levy year and each non-home
917	917	7 rule taxing district not subject to this Law before the 1995
918	918	8 levy year having the majority of its 1994 equalized assessed
919	919	9 value in an affected county or counties. Beginning with the
920	920	10 levy year in which this Law becomes applicable to a taxing
921	921	11 district as provided in Section 18-213, "taxing district" also
922	922	12 includes those taxing districts made subject to this Law as
923	923	13 provided in Section 18-213.
924	924	14 "Aggregate extension" for taxing districts to which this
925	925	15 Law applied before the 1995 levy year means the annual
926	926	16 corporate extension for the taxing district and those special
927	927	17 purpose extensions that are made annually for the taxing
928	928	18 district, excluding special purpose extensions: (a) made for
929	929	19 the taxing district to pay interest or principal on general
930	930	20 obligation bonds that were approved by referendum; (b) made
931	931	21 for any taxing district to pay interest or principal on
932	932	22 general obligation bonds issued before October 1, 1991; (c)
933	933	23 made for any taxing district to pay interest or principal on
934	934	24 bonds issued to refund or continue to refund those bonds
935	935	25 issued before October 1, 1991; (d) made for any taxing
936	936	26 district to pay interest or principal on bonds issued to
937	937
938	938
939	939
940	940
941	941
942	942	SB3438 - 25 - LRB103 37836 HLH 67966 b
943	943
944	944
945	945	SB3438- 26 -LRB103 37836 HLH 67966 b SB3438 - 26 - LRB103 37836 HLH 67966 b
946	946	SB3438 - 26 - LRB103 37836 HLH 67966 b
947	947	1 refund or continue to refund bonds issued after October 1,
948	948	2 1991 that were approved by referendum; (e) made for any taxing
949	949	3 district to pay interest or principal on revenue bonds issued
950	950	4 before October 1, 1991 for payment of which a property tax levy
951	951	5 or the full faith and credit of the unit of local government is
952	952	6 pledged; however, a tax for the payment of interest or
953	953	7 principal on those bonds shall be made only after the
954	954	8 governing body of the unit of local government finds that all
955	955	9 other sources for payment are insufficient to make those
956	956	10 payments; (f) made for payments under a building commission
957	957	11 lease when the lease payments are for the retirement of bonds
958	958	12 issued by the commission before October 1, 1991, to pay for the
959	959	13 building project; (g) made for payments due under installment
960	960	14 contracts entered into before October 1, 1991; (h) made for
961	961	15 payments of principal and interest on bonds issued under the
962	962	16 Metropolitan Water Reclamation District Act to finance
963	963	17 construction projects initiated before October 1, 1991; (i)
964	964	18 made for payments of principal and interest on limited bonds,
965	965	19 as defined in Section 3 of the Local Government Debt Reform
966	966	20 Act, in an amount not to exceed the debt service extension base
967	967	21 less the amount in items (b), (c), (e), and (h) of this
968	968	22 definition for non-referendum obligations, except obligations
969	969	23 initially issued pursuant to referendum; (j) made for payments
970	970	24 of principal and interest on bonds issued under Section 15 of
971	971	25 the Local Government Debt Reform Act; (k) made by a school
972	972	26 district that participates in the Special Education District
973	973
974	974
975	975
976	976
977	977
978	978	SB3438 - 26 - LRB103 37836 HLH 67966 b
979	979
980	980
981	981	SB3438- 27 -LRB103 37836 HLH 67966 b SB3438 - 27 - LRB103 37836 HLH 67966 b
982	982	SB3438 - 27 - LRB103 37836 HLH 67966 b
983	983	1 of Lake County, created by special education joint agreement
984	984	2 under Section 10-22.31 of the School Code, for payment of the
985	985	3 school district's share of the amounts required to be
986	986	4 contributed by the Special Education District of Lake County
987	987	5 to the Illinois Municipal Retirement Fund under Article 7 of
988	988	6 the Illinois Pension Code; the amount of any extension under
989	989	7 this item (k) shall be certified by the school district to the
990	990	8 county clerk; (l) made to fund expenses of providing joint
991	991	9 recreational programs for persons with disabilities under
992	992	10 Section 5-8 of the Park District Code or Section 11-95-14 of
993	993	11 the Illinois Municipal Code; (m) made for temporary relocation
994	994	12 loan repayment purposes pursuant to Sections 2-3.77 and
995	995	13 17-2.2d of the School Code; (n) made for payment of principal
996	996	14 and interest on any bonds issued under the authority of
997	997	15 Section 17-2.2d of the School Code; (o) made for contributions
998	998	16 to a firefighter's pension fund created under Article 4 of the
999	999	17 Illinois Pension Code, to the extent of the amount certified
1000	1000	18 under item (5) of Section 4-134 of the Illinois Pension Code;
1001	1001	19 and (p) made for road purposes in the first year after a
1002	1002	20 township assumes the rights, powers, duties, assets, property,
1003	1003	21 liabilities, obligations, and responsibilities of a road
1004	1004	22 district abolished under the provisions of Section 6-133 of
1005	1005	23 the Illinois Highway Code.
1006	1006	24 "Aggregate extension" for the taxing districts to which
1007	1007	25 this Law did not apply before the 1995 levy year (except taxing
1008	1008	26 districts subject to this Law in accordance with Section
1009	1009
1010	1010
1011	1011
1012	1012
1013	1013
1014	1014	SB3438 - 27 - LRB103 37836 HLH 67966 b
1015	1015
1016	1016
1017	1017	SB3438- 28 -LRB103 37836 HLH 67966 b SB3438 - 28 - LRB103 37836 HLH 67966 b
1018	1018	SB3438 - 28 - LRB103 37836 HLH 67966 b
1019	1019	1 18-213) means the annual corporate extension for the taxing
1020	1020	2 district and those special purpose extensions that are made
1021	1021	3 annually for the taxing district, excluding special purpose
1022	1022	4 extensions: (a) made for the taxing district to pay interest
1023	1023	5 or principal on general obligation bonds that were approved by
1024	1024	6 referendum; (b) made for any taxing district to pay interest
1025	1025	7 or principal on general obligation bonds issued before March
1026	1026	8 1, 1995; (c) made for any taxing district to pay interest or
1027	1027	9 principal on bonds issued to refund or continue to refund
1028	1028	10 those bonds issued before March 1, 1995; (d) made for any
1029	1029	11 taxing district to pay interest or principal on bonds issued
1030	1030	12 to refund or continue to refund bonds issued after March 1,
1031	1031	13 1995 that were approved by referendum; (e) made for any taxing
1032	1032	14 district to pay interest or principal on revenue bonds issued
1033	1033	15 before March 1, 1995 for payment of which a property tax levy
1034	1034	16 or the full faith and credit of the unit of local government is
1035	1035	17 pledged; however, a tax for the payment of interest or
1036	1036	18 principal on those bonds shall be made only after the
1037	1037	19 governing body of the unit of local government finds that all
1038	1038	20 other sources for payment are insufficient to make those
1039	1039	21 payments; (f) made for payments under a building commission
1040	1040	22 lease when the lease payments are for the retirement of bonds
1041	1041	23 issued by the commission before March 1, 1995 to pay for the
1042	1042	24 building project; (g) made for payments due under installment
1043	1043	25 contracts entered into before March 1, 1995; (h) made for
1044	1044	26 payments of principal and interest on bonds issued under the
1045	1045
1046	1046
1047	1047
1048	1048
1049	1049
1050	1050	SB3438 - 28 - LRB103 37836 HLH 67966 b
1051	1051
1052	1052
1053	1053	SB3438- 29 -LRB103 37836 HLH 67966 b SB3438 - 29 - LRB103 37836 HLH 67966 b
1054	1054	SB3438 - 29 - LRB103 37836 HLH 67966 b
1055	1055	1 Metropolitan Water Reclamation District Act to finance
1056	1056	2 construction projects initiated before October 1, 1991; (h-4)
1057	1057	3 made for stormwater management purposes by the Metropolitan
1058	1058	4 Water Reclamation District of Greater Chicago under Section 12
1059	1059	5 of the Metropolitan Water Reclamation District Act; (h-8) made
1060	1060	6 for payments of principal and interest on bonds issued under
1061	1061	7 Section 9.6a of the Metropolitan Water Reclamation District
1062	1062	8 Act to make contributions to the pension fund established
1063	1063	9 under Article 13 of the Illinois Pension Code; (i) made for
1064	1064	10 payments of principal and interest on limited bonds, as
1065	1065	11 defined in Section 3 of the Local Government Debt Reform Act,
1066	1066	12 in an amount not to exceed the debt service extension base less
1067	1067	13 the amount in items (b), (c), and (e) of this definition for
1068	1068	14 non-referendum obligations, except obligations initially
1069	1069	15 issued pursuant to referendum and bonds described in
1070	1070	16 subsections (h) and (h-8) of this definition; (j) made for
1071	1071	17 payments of principal and interest on bonds issued under
1072	1072	18 Section 15 of the Local Government Debt Reform Act; (k) made
1073	1073	19 for payments of principal and interest on bonds authorized by
1074	1074	20 Public Act 88-503 and issued under Section 20a of the Chicago
1075	1075	21 Park District Act for aquarium or museum projects and bonds
1076	1076	22 issued under Section 20a of the Chicago Park District Act for
1077	1077	23 the purpose of making contributions to the pension fund
1078	1078	24 established under Article 12 of the Illinois Pension Code; (l)
1079	1079	25 made for payments of principal and interest on bonds
1080	1080	26 authorized by Public Act 87-1191 or 93-601 and (i) issued
1081	1081
1082	1082
1083	1083
1084	1084
1085	1085
1086	1086	SB3438 - 29 - LRB103 37836 HLH 67966 b
1087	1087
1088	1088
1089	1089	SB3438- 30 -LRB103 37836 HLH 67966 b SB3438 - 30 - LRB103 37836 HLH 67966 b
1090	1090	SB3438 - 30 - LRB103 37836 HLH 67966 b
1091	1091	1 pursuant to Section 21.2 of the Cook County Forest Preserve
1092	1092	2 District Act, (ii) issued under Section 42 of the Cook County
1093	1093	3 Forest Preserve District Act for zoological park projects, or
1094	1094	4 (iii) issued under Section 44.1 of the Cook County Forest
1095	1095	5 Preserve District Act for botanical gardens projects; (m) made
1096	1096	6 pursuant to Section 34-53.5 of the School Code, whether levied
1097	1097	7 annually or not; (n) made to fund expenses of providing joint
1098	1098	8 recreational programs for persons with disabilities under
1099	1099	9 Section 5-8 of the Park District Code or Section 11-95-14 of
1100	1100	10 the Illinois Municipal Code; (o) made by the Chicago Park
1101	1101	11 District for recreational programs for persons with
1102	1102	12 disabilities under subsection (c) of Section 7.06 of the
1103	1103	13 Chicago Park District Act; (p) made for contributions to a
1104	1104	14 firefighter's pension fund created under Article 4 of the
1105	1105	15 Illinois Pension Code, to the extent of the amount certified
1106	1106	16 under item (5) of Section 4-134 of the Illinois Pension Code;
1107	1107	17 (q) made by Ford Heights School District 169 under Section
1108	1108	18 17-9.02 of the School Code; and (r) made for the purpose of
1109	1109	19 making employer contributions to the Public School Teachers'
1110	1110	20 Pension and Retirement Fund of Chicago under Section 34-53 of
1111	1111	21 the School Code.
1112	1112	22 "Aggregate extension" for all taxing districts to which
1113	1113	23 this Law applies in accordance with Section 18-213, except for
1114	1114	24 those taxing districts subject to paragraph (2) of subsection
1115	1115	25 (e) of Section 18-213, means the annual corporate extension
1116	1116	26 for the taxing district and those special purpose extensions
1117	1117
1118	1118
1119	1119
1120	1120
1121	1121
1122	1122	SB3438 - 30 - LRB103 37836 HLH 67966 b
1123	1123
1124	1124
1125	1125	SB3438- 31 -LRB103 37836 HLH 67966 b SB3438 - 31 - LRB103 37836 HLH 67966 b
1126	1126	SB3438 - 31 - LRB103 37836 HLH 67966 b
1127	1127	1 that are made annually for the taxing district, excluding
1128	1128	2 special purpose extensions: (a) made for the taxing district
1129	1129	3 to pay interest or principal on general obligation bonds that
1130	1130	4 were approved by referendum; (b) made for any taxing district
1131	1131	5 to pay interest or principal on general obligation bonds
1132	1132	6 issued before the date on which the referendum making this Law
1133	1133	7 applicable to the taxing district is held; (c) made for any
1134	1134	8 taxing district to pay interest or principal on bonds issued
1135	1135	9 to refund or continue to refund those bonds issued before the
1136	1136	10 date on which the referendum making this Law applicable to the
1137	1137	11 taxing district is held; (d) made for any taxing district to
1138	1138	12 pay interest or principal on bonds issued to refund or
1139	1139	13 continue to refund bonds issued after the date on which the
1140	1140	14 referendum making this Law applicable to the taxing district
1141	1141	15 is held if the bonds were approved by referendum after the date
1142	1142	16 on which the referendum making this Law applicable to the
1143	1143	17 taxing district is held; (e) made for any taxing district to
1144	1144	18 pay interest or principal on revenue bonds issued before the
1145	1145	19 date on which the referendum making this Law applicable to the
1146	1146	20 taxing district is held for payment of which a property tax
1147	1147	21 levy or the full faith and credit of the unit of local
1148	1148	22 government is pledged; however, a tax for the payment of
1149	1149	23 interest or principal on those bonds shall be made only after
1150	1150	24 the governing body of the unit of local government finds that
1151	1151	25 all other sources for payment are insufficient to make those
1152	1152	26 payments; (f) made for payments under a building commission
1153	1153
1154	1154
1155	1155
1156	1156
1157	1157
1158	1158	SB3438 - 31 - LRB103 37836 HLH 67966 b
1159	1159
1160	1160
1161	1161	SB3438- 32 -LRB103 37836 HLH 67966 b SB3438 - 32 - LRB103 37836 HLH 67966 b
1162	1162	SB3438 - 32 - LRB103 37836 HLH 67966 b
1163	1163	1 lease when the lease payments are for the retirement of bonds
1164	1164	2 issued by the commission before the date on which the
1165	1165	3 referendum making this Law applicable to the taxing district
1166	1166	4 is held to pay for the building project; (g) made for payments
1167	1167	5 due under installment contracts entered into before the date
1168	1168	6 on which the referendum making this Law applicable to the
1169	1169	7 taxing district is held; (h) made for payments of principal
1170	1170	8 and interest on limited bonds, as defined in Section 3 of the
1171	1171	9 Local Government Debt Reform Act, in an amount not to exceed
1172	1172	10 the debt service extension base less the amount in items (b),
1173	1173	11 (c), and (e) of this definition for non-referendum
1174	1174	12 obligations, except obligations initially issued pursuant to
1175	1175	13 referendum; (i) made for payments of principal and interest on
1176	1176	14 bonds issued under Section 15 of the Local Government Debt
1177	1177	15 Reform Act; (j) made for a qualified airport authority to pay
1178	1178	16 interest or principal on general obligation bonds issued for
1179	1179	17 the purpose of paying obligations due under, or financing
1180	1180	18 airport facilities required to be acquired, constructed,
1181	1181	19 installed or equipped pursuant to, contracts entered into
1182	1182	20 before March 1, 1996 (but not including any amendments to such
1183	1183	21 a contract taking effect on or after that date); (k) made to
1184	1184	22 fund expenses of providing joint recreational programs for
1185	1185	23 persons with disabilities under Section 5-8 of the Park
1186	1186	24 District Code or Section 11-95-14 of the Illinois Municipal
1187	1187	25 Code; (l) made for contributions to a firefighter's pension
1188	1188	26 fund created under Article 4 of the Illinois Pension Code, to
1189	1189
1190	1190
1191	1191
1192	1192
1193	1193
1194	1194	SB3438 - 32 - LRB103 37836 HLH 67966 b
1195	1195
1196	1196
1197	1197	SB3438- 33 -LRB103 37836 HLH 67966 b SB3438 - 33 - LRB103 37836 HLH 67966 b
1198	1198	SB3438 - 33 - LRB103 37836 HLH 67966 b
1199	1199	1 the extent of the amount certified under item (5) of Section
1200	1200	2 4-134 of the Illinois Pension Code; and (m) made for the taxing
1201	1201	3 district to pay interest or principal on general obligation
1202	1202	4 bonds issued pursuant to Section 19-3.10 of the School Code.
1203	1203	5 "Aggregate extension" for all taxing districts to which
1204	1204	6 this Law applies in accordance with paragraph (2) of
1205	1205	7 subsection (e) of Section 18-213 means the annual corporate
1206	1206	8 extension for the taxing district and those special purpose
1207	1207	9 extensions that are made annually for the taxing district,
1208	1208	10 excluding special purpose extensions: (a) made for the taxing
1209	1209	11 district to pay interest or principal on general obligation
1210	1210	12 bonds that were approved by referendum; (b) made for any
1211	1211	13 taxing district to pay interest or principal on general
1212	1212	14 obligation bonds issued before March 7, 1997 (the effective
1213	1213	15 date of Public Act 89-718); (c) made for any taxing district to
1214	1214	16 pay interest or principal on bonds issued to refund or
1215	1215	17 continue to refund those bonds issued before March 7, 1997
1216	1216	18 (the effective date of Public Act 89-718); (d) made for any
1217	1217	19 taxing district to pay interest or principal on bonds issued
1218	1218	20 to refund or continue to refund bonds issued after March 7,
1219	1219	21 1997 (the effective date of Public Act 89-718) if the bonds
1220	1220	22 were approved by referendum after March 7, 1997 (the effective
1221	1221	23 date of Public Act 89-718); (e) made for any taxing district to
1222	1222	24 pay interest or principal on revenue bonds issued before March
1223	1223	25 7, 1997 (the effective date of Public Act 89-718) for payment
1224	1224	26 of which a property tax levy or the full faith and credit of
1225	1225
1226	1226
1227	1227
1228	1228
1229	1229
1230	1230	SB3438 - 33 - LRB103 37836 HLH 67966 b
1231	1231
1232	1232
1233	1233	SB3438- 34 -LRB103 37836 HLH 67966 b SB3438 - 34 - LRB103 37836 HLH 67966 b
1234	1234	SB3438 - 34 - LRB103 37836 HLH 67966 b
1235	1235	1 the unit of local government is pledged; however, a tax for the
1236	1236	2 payment of interest or principal on those bonds shall be made
1237	1237	3 only after the governing body of the unit of local government
1238	1238	4 finds that all other sources for payment are insufficient to
1239	1239	5 make those payments; (f) made for payments under a building
1240	1240	6 commission lease when the lease payments are for the
1241	1241	7 retirement of bonds issued by the commission before March 7,
1242	1242	8 1997 (the effective date of Public Act 89-718) to pay for the
1243	1243	9 building project; (g) made for payments due under installment
1244	1244	10 contracts entered into before March 7, 1997 (the effective
1245	1245	11 date of Public Act 89-718); (h) made for payments of principal
1246	1246	12 and interest on limited bonds, as defined in Section 3 of the
1247	1247	13 Local Government Debt Reform Act, in an amount not to exceed
1248	1248	14 the debt service extension base less the amount in items (b),
1249	1249	15 (c), and (e) of this definition for non-referendum
1250	1250	16 obligations, except obligations initially issued pursuant to
1251	1251	17 referendum; (i) made for payments of principal and interest on
1252	1252	18 bonds issued under Section 15 of the Local Government Debt
1253	1253	19 Reform Act; (j) made for a qualified airport authority to pay
1254	1254	20 interest or principal on general obligation bonds issued for
1255	1255	21 the purpose of paying obligations due under, or financing
1256	1256	22 airport facilities required to be acquired, constructed,
1257	1257	23 installed or equipped pursuant to, contracts entered into
1258	1258	24 before March 1, 1996 (but not including any amendments to such
1259	1259	25 a contract taking effect on or after that date); (k) made to
1260	1260	26 fund expenses of providing joint recreational programs for
1261	1261
1262	1262
1263	1263
1264	1264
1265	1265
1266	1266	SB3438 - 34 - LRB103 37836 HLH 67966 b
1267	1267
1268	1268
1269	1269	SB3438- 35 -LRB103 37836 HLH 67966 b SB3438 - 35 - LRB103 37836 HLH 67966 b
1270	1270	SB3438 - 35 - LRB103 37836 HLH 67966 b
1271	1271	1 persons with disabilities under Section 5-8 of the Park
1272	1272	2 District Code or Section 11-95-14 of the Illinois Municipal
1273	1273	3 Code; and (l) made for contributions to a firefighter's
1274	1274	4 pension fund created under Article 4 of the Illinois Pension
1275	1275	5 Code, to the extent of the amount certified under item (5) of
1276	1276	6 Section 4-134 of the Illinois Pension Code.
1277	1277	7 "Debt service extension base" means an amount equal to
1278	1278	8 that portion of the extension for a taxing district for the
1279	1279	9 1994 levy year, or for those taxing districts subject to this
1280	1280	10 Law in accordance with Section 18-213, except for those
1281	1281	11 subject to paragraph (2) of subsection (e) of Section 18-213,
1282	1282	12 for the levy year in which the referendum making this Law
1283	1283	13 applicable to the taxing district is held, or for those taxing
1284	1284	14 districts subject to this Law in accordance with paragraph (2)
1285	1285	15 of subsection (e) of Section 18-213 for the 1996 levy year,
1286	1286	16 constituting an extension for payment of principal and
1287	1287	17 interest on bonds issued by the taxing district without
1288	1288	18 referendum, but not including excluded non-referendum bonds.
1289	1289	19 For park districts (i) that were first subject to this Law in
1290	1290	20 1991 or 1995 and (ii) whose extension for the 1994 levy year
1291	1291	21 for the payment of principal and interest on bonds issued by
1292	1292	22 the park district without referendum (but not including
1293	1293	23 excluded non-referendum bonds) was less than 51% of the amount
1294	1294	24 for the 1991 levy year constituting an extension for payment
1295	1295	25 of principal and interest on bonds issued by the park district
1296	1296	26 without referendum (but not including excluded non-referendum
1297	1297
1298	1298
1299	1299
1300	1300
1301	1301
1302	1302	SB3438 - 35 - LRB103 37836 HLH 67966 b
1303	1303
1304	1304
1305	1305	SB3438- 36 -LRB103 37836 HLH 67966 b SB3438 - 36 - LRB103 37836 HLH 67966 b
1306	1306	SB3438 - 36 - LRB103 37836 HLH 67966 b
1307	1307	1 bonds), "debt service extension base" means an amount equal to
1308	1308	2 that portion of the extension for the 1991 levy year
1309	1309	3 constituting an extension for payment of principal and
1310	1310	4 interest on bonds issued by the park district without
1311	1311	5 referendum (but not including excluded non-referendum bonds).
1312	1312	6 A debt service extension base established or increased at any
1313	1313	7 time pursuant to any provision of this Law, except Section
1314	1314	8 18-212, shall be increased each year commencing with the later
1315	1315	9 of (i) the 2009 levy year or (ii) the first levy year in which
1316	1316	10 this Law becomes applicable to the taxing district, by the
1317	1317	11 extension limitation lesser of 5% or the percentage increase
1318	1318	12 in the Consumer Price Index during the 12-month calendar year
1319	1319	13 preceding the levy year. The debt service extension base may
1320	1320	14 be established or increased as provided under Section 18-212.
1321	1321	15 "Excluded non-referendum bonds" means (i) bonds authorized by
1322	1322	16 Public Act 88-503 and issued under Section 20a of the Chicago
1323	1323	17 Park District Act for aquarium and museum projects; (ii) bonds
1324	1324	18 issued under Section 15 of the Local Government Debt Reform
1325	1325	19 Act; or (iii) refunding obligations issued to refund or to
1326	1326	20 continue to refund obligations initially issued pursuant to
1327	1327	21 referendum.
1328	1328	22 "Special purpose extensions" include, but are not limited
1329	1329	23 to, extensions for levies made on an annual basis for
1330	1330	24 unemployment and workers' compensation, self-insurance,
1331	1331	25 contributions to pension plans, and extensions made pursuant
1332	1332	26 to Section 6-601 of the Illinois Highway Code for a road
1333	1333
1334	1334
1335	1335
1336	1336
1337	1337
1338	1338	SB3438 - 36 - LRB103 37836 HLH 67966 b
1339	1339
1340	1340
1341	1341	SB3438- 37 -LRB103 37836 HLH 67966 b SB3438 - 37 - LRB103 37836 HLH 67966 b
1342	1342	SB3438 - 37 - LRB103 37836 HLH 67966 b
1343	1343	1 district's permanent road fund whether levied annually or not.
1344	1344	2 The extension for a special service area is not included in the
1345	1345	3 aggregate extension.
1346	1346	4 "Aggregate extension base" means the taxing district's
1347	1347	5 last preceding aggregate extension as adjusted under Sections
1348	1348	6 18-135, 18-215, 18-230, 18-206, and 18-233. Beginning with
1349	1349	7 levy year 2022, for taxing districts that are specified in
1350	1350	8 Section 18-190.7, the taxing district's aggregate extension
1351	1351	9 base shall be calculated as provided in Section 18-190.7. An
1352	1352	10 adjustment under Section 18-135 shall be made for the 2007
1353	1353	11 levy year and all subsequent levy years whenever one or more
1354	1354	12 counties within which a taxing district is located (i) used
1355	1355	13 estimated valuations or rates when extending taxes in the
1356	1356	14 taxing district for the last preceding levy year that resulted
1357	1357	15 in the over or under extension of taxes, or (ii) increased or
1358	1358	16 decreased the tax extension for the last preceding levy year
1359	1359	17 as required by Section 18-135(c). Whenever an adjustment is
1360	1360	18 required under Section 18-135, the aggregate extension base of
1361	1361	19 the taxing district shall be equal to the amount that the
1362	1362	20 aggregate extension of the taxing district would have been for
1363	1363	21 the last preceding levy year if either or both (i) actual,
1364	1364	22 rather than estimated, valuations or rates had been used to
1365	1365	23 calculate the extension of taxes for the last levy year, or
1366	1366	24 (ii) the tax extension for the last preceding levy year had not
1367	1367	25 been adjusted as required by subsection (c) of Section 18-135.
1368	1368	26 Notwithstanding any other provision of law, for levy year
1369	1369
1370	1370
1371	1371
1372	1372
1373	1373
1374	1374	SB3438 - 37 - LRB103 37836 HLH 67966 b
1375	1375
1376	1376
1377	1377	SB3438- 38 -LRB103 37836 HLH 67966 b SB3438 - 38 - LRB103 37836 HLH 67966 b
1378	1378	SB3438 - 38 - LRB103 37836 HLH 67966 b
1379	1379	1 2012, the aggregate extension base for West Northfield School
1380	1380	2 District No. 31 in Cook County shall be $12,654,592.
1381	1381	3 Notwithstanding any other provision of law, for levy year
1382	1382	4 2022, the aggregate extension base of a home equity assurance
1383	1383	5 program that levied at least $1,000,000 in property taxes in
1384	1384	6 levy year 2019 or 2020 under the Home Equity Assurance Act
1385	1385	7 shall be the amount that the program's aggregate extension
1386	1386	8 base for levy year 2021 would have been if the program had
1387	1387	9 levied a property tax for levy year 2021.
1388	1388	10 "Levy year" has the same meaning as "year" under Section
1389	1389	11 1-155.
1390	1390	12 "New property" means (i) the assessed value, after final
1391	1391	13 board of review or board of appeals action, of new
1392	1392	14 improvements or additions to existing improvements on any
1393	1393	15 parcel of real property that increase the assessed value of
1394	1394	16 that real property during the levy year multiplied by the
1395	1395	17 equalization factor issued by the Department under Section
1396	1396	18 17-30, (ii) the assessed value, after final board of review or
1397	1397	19 board of appeals action, of real property not exempt from real
1398	1398	20 estate taxation, which real property was exempt from real
1399	1399	21 estate taxation for any portion of the immediately preceding
1400	1400	22 levy year, multiplied by the equalization factor issued by the
1401	1401	23 Department under Section 17-30, including the assessed value,
1402	1402	24 upon final stabilization of occupancy after new construction
1403	1403	25 is complete, of any real property located within the
1404	1404	26 boundaries of an otherwise or previously exempt military
1405	1405
1406	1406
1407	1407
1408	1408
1409	1409
1410	1410	SB3438 - 38 - LRB103 37836 HLH 67966 b
1411	1411
1412	1412
1413	1413	SB3438- 39 -LRB103 37836 HLH 67966 b SB3438 - 39 - LRB103 37836 HLH 67966 b
1414	1414	SB3438 - 39 - LRB103 37836 HLH 67966 b
1415	1415	1 reservation that is intended for residential use and owned by
1416	1416	2 or leased to a private corporation or other entity, (iii) in
1417	1417	3 counties that classify in accordance with Section 4 of Article
1418	1418	4 IX of the Illinois Constitution, an incentive property's
1419	1419	5 additional assessed value resulting from a scheduled increase
1420	1420	6 in the level of assessment as applied to the first year final
1421	1421	7 board of review market value, and (iv) any increase in
1422	1422	8 assessed value due to oil or gas production from an oil or gas
1423	1423	9 well required to be permitted under the Hydraulic Fracturing
1424	1424	10 Regulatory Act that was not produced in or accounted for
1425	1425	11 during the previous levy year. In addition, the county clerk
1426	1426	12 in a county containing a population of 3,000,000 or more shall
1427	1427	13 include in the 1997 recovered tax increment value for any
1428	1428	14 school district, any recovered tax increment value that was
1429	1429	15 applicable to the 1995 tax year calculations.
1430	1430	16 "Qualified airport authority" means an airport authority
1431	1431	17 organized under the Airport Authorities Act and located in a
1432	1432	18 county bordering on the State of Wisconsin and having a
1433	1433	19 population in excess of 200,000 and not greater than 500,000.
1434	1434	20 "Recovered tax increment value" means, except as otherwise
1435	1435	21 provided in this paragraph, the amount of the current year's
1436	1436	22 equalized assessed value, in the first year after a
1437	1437	23 municipality terminates the designation of an area as a
1438	1438	24 redevelopment project area previously established under the
1439	1439	25 Tax Increment Allocation Redevelopment Act in the Illinois
1440	1440	26 Municipal Code, previously established under the Industrial
1441	1441
1442	1442
1443	1443
1444	1444
1445	1445
1446	1446	SB3438 - 39 - LRB103 37836 HLH 67966 b
1447	1447
1448	1448
1449	1449	SB3438- 40 -LRB103 37836 HLH 67966 b SB3438 - 40 - LRB103 37836 HLH 67966 b
1450	1450	SB3438 - 40 - LRB103 37836 HLH 67966 b
1451	1451	1 Jobs Recovery Law in the Illinois Municipal Code, previously
1452	1452	2 established under the Economic Development Project Area Tax
1453	1453	3 Increment Act of 1995, or previously established under the
1454	1454	4 Economic Development Area Tax Increment Allocation Act, of
1455	1455	5 each taxable lot, block, tract, or parcel of real property in
1456	1456	6 the redevelopment project area over and above the initial
1457	1457	7 equalized assessed value of each property in the redevelopment
1458	1458	8 project area. For the taxes which are extended for the 1997
1459	1459	9 levy year, the recovered tax increment value for a non-home
1460	1460	10 rule taxing district that first became subject to this Law for
1461	1461	11 the 1995 levy year because a majority of its 1994 equalized
1462	1462	12 assessed value was in an affected county or counties shall be
1463	1463	13 increased if a municipality terminated the designation of an
1464	1464	14 area in 1993 as a redevelopment project area previously
1465	1465	15 established under the Tax Increment Allocation Redevelopment
1466	1466	16 Act in the Illinois Municipal Code, previously established
1467	1467	17 under the Industrial Jobs Recovery Law in the Illinois
1468	1468	18 Municipal Code, or previously established under the Economic
1469	1469	19 Development Area Tax Increment Allocation Act, by an amount
1470	1470	20 equal to the 1994 equalized assessed value of each taxable
1471	1471	21 lot, block, tract, or parcel of real property in the
1472	1472	22 redevelopment project area over and above the initial
1473	1473	23 equalized assessed value of each property in the redevelopment
1474	1474	24 project area. In the first year after a municipality removes a
1475	1475	25 taxable lot, block, tract, or parcel of real property from a
1476	1476	26 redevelopment project area established under the Tax Increment
1477	1477
1478	1478
1479	1479
1480	1480
1481	1481
1482	1482	SB3438 - 40 - LRB103 37836 HLH 67966 b
1483	1483
1484	1484
1485	1485	SB3438- 41 -LRB103 37836 HLH 67966 b SB3438 - 41 - LRB103 37836 HLH 67966 b
1486	1486	SB3438 - 41 - LRB103 37836 HLH 67966 b
1487	1487	1 Allocation Redevelopment Act in the Illinois Municipal Code,
1488	1488	2 the Industrial Jobs Recovery Law in the Illinois Municipal
1489	1489	3 Code, or the Economic Development Area Tax Increment
1490	1490	4 Allocation Act, "recovered tax increment value" means the
1491	1491	5 amount of the current year's equalized assessed value of each
1492	1492	6 taxable lot, block, tract, or parcel of real property removed
1493	1493	7 from the redevelopment project area over and above the initial
1494	1494	8 equalized assessed value of that real property before removal
1495	1495	9 from the redevelopment project area.
1496	1496	10 Except as otherwise provided in this Section, "limiting
1497	1497	11 rate" means a fraction the numerator of which is the last
1498	1498	12 preceding aggregate extension base (as reduced by Section
1499	1499	13 18-207, if applicable) times an amount equal to one plus the
1500	1500	14 extension limitation defined in this Section and the
1501	1501	15 denominator of which is the current year's equalized assessed
1502	1502	16 value of all real property in the territory under the
1503	1503	17 jurisdiction of the taxing district during the prior levy
1504	1504	18 year. For those taxing districts that reduced their aggregate
1505	1505	19 extension for the last preceding levy year, except for school
1506	1506	20 districts that reduced their extension for educational
1507	1507	21 purposes pursuant to Section 18-206 and taxing districts that
1508	1508	22 reduced their aggregate extension pursuant to Section 18-207,
1509	1509	23 the highest aggregate extension in any of the last 3 preceding
1510	1510	24 levy years shall be used for the purpose of computing the
1511	1511	25 limiting rate. The denominator shall not include new property
1512	1512	26 or the recovered tax increment value. If a new rate, a rate
1513	1513
1514	1514
1515	1515
1516	1516
1517	1517
1518	1518	SB3438 - 41 - LRB103 37836 HLH 67966 b
1519	1519
1520	1520
1521	1521	SB3438- 42 -LRB103 37836 HLH 67966 b SB3438 - 42 - LRB103 37836 HLH 67966 b
1522	1522	SB3438 - 42 - LRB103 37836 HLH 67966 b
1523	1523	1 decrease, or a limiting rate increase has been approved at an
1524	1524	2 election held after March 21, 2006, then (i) the otherwise
1525	1525	3 applicable limiting rate shall be increased by the amount of
1526	1526	4 the new rate or shall be reduced by the amount of the rate
1527	1527	5 decrease, as the case may be, or (ii) in the case of a limiting
1528	1528	6 rate increase, the limiting rate shall be equal to the rate set
1529	1529	7 forth in the proposition approved by the voters for each of the
1530	1530	8 years specified in the proposition, after which the limiting
1531	1531	9 rate of the taxing district shall be calculated as otherwise
1532	1532	10 provided. In the case of a taxing district that obtained
1533	1533	11 referendum approval for an increased limiting rate on March
1534	1534	12 20, 2012, the limiting rate for tax year 2012 shall be the rate
1535	1535	13 that generates the approximate total amount of taxes
1536	1536	14 extendable for that tax year, as set forth in the proposition
1537	1537	15 approved by the voters; this rate shall be the final rate
1538	1538	16 applied by the county clerk for the aggregate of all capped
1539	1539	17 funds of the district for tax year 2012.
1540	1540	18 (Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21;
1541	1541	19 102-519, eff. 8-20-21; 102-558, eff. 8-20-21; 102-707, eff.
1542	1542	20 4-22-22; 102-813, eff. 5-13-22; 102-895, eff. 5-23-22;
1543	1543	21 103-154, eff. 6-30-23.)
1544	1544	22 (35 ILCS 200/18-205)
1545	1545	23 Sec. 18-205. Referendum to increase the extension
1546	1546	24 limitation. A taxing district is limited to an extension
1547	1547	25 limitation as defined in Section 18-185 of 5% or the
1548	1548
1549	1549
1550	1550
1551	1551
1552	1552
1553	1553	SB3438 - 42 - LRB103 37836 HLH 67966 b
1554	1554
1555	1555
1556	1556	SB3438- 43 -LRB103 37836 HLH 67966 b SB3438 - 43 - LRB103 37836 HLH 67966 b
1557	1557	SB3438 - 43 - LRB103 37836 HLH 67966 b
1558	1558	1 percentage increase in the Consumer Price Index during the
1559	1559	2 12-month calendar year preceding the levy year, whichever is
1560	1560	3 less. A taxing district may increase its extension limitation
1561	1561	4 for one or more levy years if that taxing district holds a
1562	1562	5 referendum before the levy date for the first levy year at
1563	1563	6 which a majority of voters voting on the issue approves
1564	1564	7 adoption of a higher extension limitation. Referenda shall be
1565	1565	8 conducted at a regularly scheduled election in accordance with
1566	1566	9 the Election Code. The question shall be presented in
1567	1567	10 substantially the following manner for all elections held
1568	1568	11 after March 21, 2006:
1569	1569	12 Shall the extension limitation under the Property Tax
1570	1570	13 Extension Limitation Law for (insert the legal name,
1571	1571	14 number, if any, and county or counties of the taxing
1572	1572	15 district and geographic or other common name by which a
1573	1573	16 school or community college district is known and referred
1574	1574	17 to), Illinois, be increased from (the extension limitation
1575	1575	18 under item (a) of the definition of extension limitation
1576	1576	19 in Section 18-185) the lesser of 5% or the percentage
1577	1577	20 increase in the Consumer Price Index over the prior levy
1578	1578	21 year to (insert the percentage of the proposed increase)%
1579	1579	22 per year for (insert each levy year for which the
1580	1580	23 increased extension limitation will apply)?
1581	1581	24 The votes must be recorded as "Yes" or "No".
1582	1582	25 If a majority of voters voting on the issue approves the
1583	1583	26 adoption of the increase, the increase shall be applicable for
1584	1584
1585	1585
1586	1586
1587	1587
1588	1588
1589	1589	SB3438 - 43 - LRB103 37836 HLH 67966 b
1590	1590
1591	1591
1592	1592	SB3438- 44 -LRB103 37836 HLH 67966 b SB3438 - 44 - LRB103 37836 HLH 67966 b
1593	1593	SB3438 - 44 - LRB103 37836 HLH 67966 b
1594	1594	1 each levy year specified.
1595	1595	2 The ballot for any question submitted pursuant to this
1596	1596	3 Section shall have printed thereon, but not as a part of the
1597	1597	4 question submitted, only the following supplemental
1598	1598	5 information (which shall be supplied to the election authority
1599	1599	6 by the taxing district) in substantially the following form:
1600	1600	7 (1) For the (insert the first levy year for which the
1601	1601	8 increased extension limitation will be applicable) levy
1602	1602	9 year the approximate amount of the additional tax
1603	1603	10 extendable against property containing a single family
1604	1604	11 residence and having a fair market value at the time of the
1605	1605	12 referendum of $100,000 is estimated to be $....
1606	1606	13 (2) Based upon an average annual percentage increase
1607	1607	14 (or decrease) in the market value of such property of ...%
1608	1608	15 (insert percentage equal to the average annual percentage
1609	1609	16 increase or decrease for the prior 3 levy years, at the
1610	1610	17 time the submission of the question is initiated by the
1611	1611	18 taxing district, in the amount of (A) the equalized
1612	1612	19 assessed value of the taxable property in the taxing
1613	1613	20 district less (B) the new property included in the
1614	1614	21 equalized assessed value), the approximate amount of the
1615	1615	22 additional tax extendable against such property for the
1616	1616	23 ... levy year is estimated to be $... and for the ... levy
1617	1617	24 year is estimated to be $....
1618	1618	25 Paragraph (2) shall be included only if the increased
1619	1619	26 extension limitation will be applicable for more than one year
1620	1620
1621	1621
1622	1622
1623	1623
1624	1624
1625	1625	SB3438 - 44 - LRB103 37836 HLH 67966 b
1626	1626
1627	1627
1628	1628	SB3438- 45 -LRB103 37836 HLH 67966 b SB3438 - 45 - LRB103 37836 HLH 67966 b
1629	1629	SB3438 - 45 - LRB103 37836 HLH 67966 b
1630	1630	1 and shall list each levy year for which the increased
1631	1631	2 extension limitation will be applicable. The additional tax
1632	1632	3 shown for each levy year shall be the approximate dollar
1633	1633	4 amount of the increase over the amount of the most recently
1634	1634	5 completed extension at the time the submission of the question
1635	1635	6 is initiated by the taxing district. The approximate amount of
1636	1636	7 the additional tax extendable shown in paragraphs (1) and (2)
1637	1637	8 shall be calculated by multiplying $100,000 (the fair market
1638	1638	9 value of the property without regard to any property tax
1639	1639	10 exemptions) by (i) the percentage level of assessment
1640	1640	11 prescribed for that property by statute, or by ordinance of
1641	1641	12 the county board in counties that classify property for
1642	1642	13 purposes of taxation in accordance with Section 4 of Article
1643	1643	14 IX of the Illinois Constitution; (ii) the most recent final
1644	1644	15 equalization factor certified to the county clerk by the
1645	1645	16 Department of Revenue at the time the taxing district
1646	1646	17 initiates the submission of the proposition to the electors;
1647	1647	18 (iii) the last known aggregate extension base of the taxing
1648	1648	19 district at the time the submission of the question is
1649	1649	20 initiated by the taxing district; and (iv) the difference
1650	1650	21 between the percentage increase proposed in the question and
1651	1651	22 the otherwise applicable extension limitation lesser of 5% or
1652	1652	23 the percentage increase in the Consumer Price Index for the
1653	1653	24 prior levy year (or an estimate of the percentage increase for
1654	1654	25 the prior levy year if the increase is unavailable at the time
1655	1655	26 the submission of the question is initiated by the taxing
1656	1656
1657	1657
1658	1658
1659	1659
1660	1660
1661	1661	SB3438 - 45 - LRB103 37836 HLH 67966 b
1662	1662
1663	1663
1664	1664	SB3438- 46 -LRB103 37836 HLH 67966 b SB3438 - 46 - LRB103 37836 HLH 67966 b
1665	1665	SB3438 - 46 - LRB103 37836 HLH 67966 b
1666	1666	1 district); and dividing the result by the last known equalized
1667	1667	2 assessed value of the taxing district at the time the
1668	1668	3 submission of the question is initiated by the taxing
1669	1669	4 district. This amendatory Act of the 97th General Assembly is
1670	1670	5 intended to clarify the existing requirements of this Section,
1671	1671	6 and shall not be construed to validate any prior non-compliant
1672	1672	7 referendum language. Any notice required to be published in
1673	1673	8 connection with the submission of the question shall also
1674	1674	9 contain this supplemental information and shall not contain
1675	1675	10 any other supplemental information. Any error, miscalculation,
1676	1676	11 or inaccuracy in computing any amount set forth on the ballot
1677	1677	12 or in the notice that is not deliberate shall not invalidate or
1678	1678	13 affect the validity of any proposition approved. Notice of the
1679	1679	14 referendum shall be published and posted as otherwise required
1680	1680	15 by law, and the submission of the question shall be initiated
1681	1681	16 as provided by law.
1682	1682	17 (Source: P.A. 97-1087, eff. 8-24-12.)
1683	1683	18 (35 ILCS 200/18-207 new)
1684	1684	19 Sec. 18-207. Reduced aggregate extension base.
1685	1685	20 (a) Upon submission of a petition signed by a number of
1686	1686	21 voters of the taxing district that is not less than 10% of the
1687	1687	22 votes cast in the taxing district at the immediately preceding
1688	1688	23 gubernatorial election, the question of whether a taxing
1689	1689	24 district shall reduce its aggregate extension base for the
1690	1690	25 purpose of lowering its limiting rate for future years shall
1691	1691
1692	1692
1693	1693
1694	1694
1695	1695
1696	1696	SB3438 - 46 - LRB103 37836 HLH 67966 b
1697	1697
1698	1698
1699	1699	SB3438- 47 -LRB103 37836 HLH 67966 b SB3438 - 47 - LRB103 37836 HLH 67966 b
1700	1700	SB3438 - 47 - LRB103 37836 HLH 67966 b
1701	1701	1 be submitted to the voters of the taxing district at the next
1702	1702	2 general or consolidated election. The petition shall set forth
1703	1703	3 the amount of the reduction and the levy years for which the
1704	1704	4 reduction shall be applicable.
1705	1705	5 (b) The petition shall be filed with the applicable
1706	1706	6 election authority, as defined in Section 1-3 of the Election
1707	1707	7 Code, or, in the case of multiple election authorities, with
1708	1708	8 the State Board of Elections, not more than 10 months nor less
1709	1709	9 than 6 months prior to the election at which the question is to
1710	1710	10 be submitted to the voters, and its validity shall be
1711	1711	11 determined as provided by Article 28 of the Election Code and
1712	1712	12 general election law. The election authority or Board, as
1713	1713	13 applicable, shall certify the question and the proper election
1714	1714	14 authority or authorities shall submit the question to the
1715	1715	15 voters. Except as otherwise provided in this Section, this
1716	1716	16 referendum shall be subject to all other general election law
1717	1717	17 requirements.
1718	1718	18 (c) The proposition seeking to reduce the aggregate
1719	1719	19 extension base shall be in substantially the following form:
1720	1720	20 Shall the aggregate extension base used to calculate
1721	1721	21 the limiting rate for (taxing district) under the Property
1722	1722	22 Tax Extension Limitation Law be reduced by (amount of
1723	1723	23 money expressed in U.S. dollars) for (levy year or years)?
1724	1724	24 Votes shall be recorded as "Yes" or "No".
1725	1725	25 If a majority of all votes cast on the proposition are in
1726	1726	26 favor of the proposition, then the aggregate extension base
1727	1727
1728	1728
1729	1729
1730	1730
1731	1731
1732	1732	SB3438 - 47 - LRB103 37836 HLH 67966 b
1733	1733
1734	1734
1735	1735	SB3438- 48 -LRB103 37836 HLH 67966 b SB3438 - 48 - LRB103 37836 HLH 67966 b
1736	1736	SB3438 - 48 - LRB103 37836 HLH 67966 b
1737	1737	1 shall be reduced as provided in the referendum.
1738	1738	2 (35 ILCS 200/18-212)
1739	1739	3 Sec. 18-212. Referendum on debt service extension base. A
1740	1740	4 taxing district may establish or increase its debt service
1741	1741	5 extension base if (i) that taxing district holds a referendum
1742	1742	6 before the date on which the levy must be filed with the county
1743	1743	7 clerk of the county or counties in which the taxing district is
1744	1744	8 situated and (ii) a majority of voters voting on the issue
1745	1745	9 approves the establishment of or increase in the debt service
1746	1746	10 extension base. A debt service extension base established or
1747	1747	11 increased by a referendum held pursuant to this Section after
1748	1748	12 February 2, 2010, shall be increased each year, commencing
1749	1749	13 with the first levy year beginning after the date of the
1750	1750	14 referendum, by the extension limitation lesser of 5% or the
1751	1751	15 percentage increase in the Consumer Price Index during the
1752	1752	16 12-month calendar year preceding the levy year if the optional
1753	1753	17 language concerning the annual increase is included in the
1754	1754	18 question submitted to the electors of the taxing district.
1755	1755	19 Referenda under this Section shall be conducted at a regularly
1756	1756	20 scheduled election in accordance with the Election Code. The
1757	1757	21 governing body of the taxing district shall certify the
1758	1758	22 question to the proper election authorities who shall submit
1759	1759	23 the question to the electors of the taxing district in
1760	1760	24 substantially the following form:
1761	1761	25 "Shall the debt service extension base under the Property
1762	1762
1763	1763
1764	1764
1765	1765
1766	1766
1767	1767	SB3438 - 48 - LRB103 37836 HLH 67966 b
1768	1768
1769	1769
1770	1770	SB3438- 49 -LRB103 37836 HLH 67966 b SB3438 - 49 - LRB103 37836 HLH 67966 b
1771	1771	SB3438 - 49 - LRB103 37836 HLH 67966 b
1772	1772	1 Tax Extension Limitation Law for ... (taxing district
1773	1773	2 name) ... for payment of principal and interest on limited
1774	1774	3 bonds be .... ((established at $ ....) . (or) (increased
1775	1775	4 from $ .... to $ ....)) .. for the ..... levy year and all
1776	1776	5 subsequent levy years (optional language: , such debt
1777	1777	6 service extension base to be increased each year by
1778	1778	7 (extension limitation amount) the lesser of 5% or the
1779	1779	8 percentage increase in the Consumer Price Index during the
1780	1780	9 12-month calendar year preceding the levy year)?"
1781	1781	10 Votes on the question shall be recorded as "Yes" or "No".
1782	1782	11 If a majority of voters voting on the issue approves the
1783	1783	12 establishment of or increase in the debt service extension
1784	1784	13 base, the establishment of or increase in the debt service
1785	1785	14 extension base shall be applicable for the levy years
1786	1786	15 specified.
1787	1787	16 (Source: P.A. 96-1202, eff. 7-22-10.)
1788	1788
1789	1789
1790	1790
1791	1791
1792	1792
1793	1793	SB3438 - 49 - LRB103 37836 HLH 67966 b