Sen. Donald P. DeWitte

Filed: 3/19/2019

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 1043

2    AMENDMENT NO. ______. Amend Senate Bill 1043 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Section 18-185 and by adding Section 18-233 as follows:
 
6    (35 ILCS 200/18-185)
7    Sec. 18-185. Short title; definitions. This Division 5 may
8be cited as the Property Tax Extension Limitation Law. As used
9in this Division 5:
10    "Consumer Price Index" means the Consumer Price Index for
11All Urban Consumers for all items published by the United
12States Department of Labor.
13    "Extension limitation" means (a) the lesser of 5% or the
14percentage increase in the Consumer Price Index during the
1512-month calendar year preceding the levy year or (b) the rate
16of increase approved by voters under Section 18-205.

 

 

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1    "Affected county" means a county of 3,000,000 or more
2inhabitants or a county contiguous to a county of 3,000,000 or
3more inhabitants.
4    "Taxing district" has the same meaning provided in Section
51-150, except as otherwise provided in this Section. For the
61991 through 1994 levy years only, "taxing district" includes
7only each non-home rule taxing district having the majority of
8its 1990 equalized assessed value within any county or counties
9contiguous to a county with 3,000,000 or more inhabitants.
10Beginning with the 1995 levy year, "taxing district" includes
11only each non-home rule taxing district subject to this Law
12before the 1995 levy year and each non-home rule taxing
13district not subject to this Law before the 1995 levy year
14having the majority of its 1994 equalized assessed value in an
15affected county or counties. Beginning with the levy year in
16which this Law becomes applicable to a taxing district as
17provided in Section 18-213, "taxing district" also includes
18those taxing districts made subject to this Law as provided in
19Section 18-213.
20    "Aggregate extension" for taxing districts to which this
21Law applied before the 1995 levy year means the annual
22corporate extension for the taxing district and those special
23purpose extensions that are made annually for the taxing
24district, excluding special purpose extensions: (a) made for
25the taxing district to pay interest or principal on general
26obligation bonds that were approved by referendum; (b) made for

 

 

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1any taxing district to pay interest or principal on general
2obligation bonds issued before October 1, 1991; (c) made for
3any taxing district to pay interest or principal on bonds
4issued to refund or continue to refund those bonds issued
5before October 1, 1991; (d) made for any taxing district to pay
6interest or principal on bonds issued to refund or continue to
7refund bonds issued after October 1, 1991 that were approved by
8referendum; (e) made for any taxing district to pay interest or
9principal on revenue bonds issued before October 1, 1991 for
10payment of which a property tax levy or the full faith and
11credit of the unit of local government is pledged; however, a
12tax for the payment of interest or principal on those bonds
13shall be made only after the governing body of the unit of
14local government finds that all other sources for payment are
15insufficient to make those payments; (f) made for payments
16under a building commission lease when the lease payments are
17for the retirement of bonds issued by the commission before
18October 1, 1991, to pay for the building project; (g) made for
19payments due under installment contracts entered into before
20October 1, 1991; (h) made for payments of principal and
21interest on bonds issued under the Metropolitan Water
22Reclamation District Act to finance construction projects
23initiated before October 1, 1991; (i) made for payments of
24principal and interest on limited bonds, as defined in Section
253 of the Local Government Debt Reform Act, in an amount not to
26exceed the debt service extension base less the amount in items

 

 

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1(b), (c), (e), and (h) of this definition for non-referendum
2obligations, except obligations initially issued pursuant to
3referendum; (j) made for payments of principal and interest on
4bonds issued under Section 15 of the Local Government Debt
5Reform Act; (k) made by a school district that participates in
6the Special Education District of Lake County, created by
7special education joint agreement under Section 10-22.31 of the
8School Code, for payment of the school district's share of the
9amounts required to be contributed by the Special Education
10District of Lake County to the Illinois Municipal Retirement
11Fund under Article 7 of the Illinois Pension Code; the amount
12of any extension under this item (k) shall be certified by the
13school district to the county clerk; (l) made to fund expenses
14of providing joint recreational programs for persons with
15disabilities under Section 5-8 of the Park District Code or
16Section 11-95-14 of the Illinois Municipal Code; (m) made for
17temporary relocation loan repayment purposes pursuant to
18Sections 2-3.77 and 17-2.2d of the School Code; (n) made for
19payment of principal and interest on any bonds issued under the
20authority of Section 17-2.2d of the School Code; (o) made for
21contributions to a firefighter's pension fund created under
22Article 4 of the Illinois Pension Code, to the extent of the
23amount certified under item (5) of Section 4-134 of the
24Illinois Pension Code; and (p) made for road purposes in the
25first year after a township assumes the rights, powers, duties,
26assets, property, liabilities, obligations, and

 

 

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1responsibilities of a road district abolished under the
2provisions of Section 6-133 of the Illinois Highway Code.
3    "Aggregate extension" for the taxing districts to which
4this Law did not apply before the 1995 levy year (except taxing
5districts subject to this Law in accordance with Section
618-213) means the annual corporate extension for the taxing
7district and those special purpose extensions that are made
8annually for the taxing district, excluding special purpose
9extensions: (a) made for the taxing district to pay interest or
10principal on general obligation bonds that were approved by
11referendum; (b) made for any taxing district to pay interest or
12principal on general obligation bonds issued before March 1,
131995; (c) made for any taxing district to pay interest or
14principal on bonds issued to refund or continue to refund those
15bonds issued before March 1, 1995; (d) made for any taxing
16district to pay interest or principal on bonds issued to refund
17or continue to refund bonds issued after March 1, 1995 that
18were approved by referendum; (e) made for any taxing district
19to pay interest or principal on revenue bonds issued before
20March 1, 1995 for payment of which a property tax levy or the
21full faith and credit of the unit of local government is
22pledged; however, a tax for the payment of interest or
23principal on those bonds shall be made only after the governing
24body of the unit of local government finds that all other
25sources for payment are insufficient to make those payments;
26(f) made for payments under a building commission lease when

 

 

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1the lease payments are for the retirement of bonds issued by
2the commission before March 1, 1995 to pay for the building
3project; (g) made for payments due under installment contracts
4entered into before March 1, 1995; (h) made for payments of
5principal and interest on bonds issued under the Metropolitan
6Water Reclamation District Act to finance construction
7projects initiated before October 1, 1991; (h-4) made for
8stormwater management purposes by the Metropolitan Water
9Reclamation District of Greater Chicago under Section 12 of the
10Metropolitan Water Reclamation District Act; (i) made for
11payments of principal and interest on limited bonds, as defined
12in Section 3 of the Local Government Debt Reform Act, in an
13amount not to exceed the debt service extension base less the
14amount in items (b), (c), and (e) of this definition for
15non-referendum obligations, except obligations initially
16issued pursuant to referendum and bonds described in subsection
17(h) of this definition; (j) made for payments of principal and
18interest on bonds issued under Section 15 of the Local
19Government Debt Reform Act; (k) made for payments of principal
20and interest on bonds authorized by Public Act 88-503 and
21issued under Section 20a of the Chicago Park District Act for
22aquarium or museum projects; (l) made for payments of principal
23and interest on bonds authorized by Public Act 87-1191 or
2493-601 and (i) issued pursuant to Section 21.2 of the Cook
25County Forest Preserve District Act, (ii) issued under Section
2642 of the Cook County Forest Preserve District Act for

 

 

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1zoological park projects, or (iii) issued under Section 44.1 of
2the Cook County Forest Preserve District Act for botanical
3gardens projects; (m) made pursuant to Section 34-53.5 of the
4School Code, whether levied annually or not; (n) made to fund
5expenses of providing joint recreational programs for persons
6with disabilities under Section 5-8 of the Park District Code
7or Section 11-95-14 of the Illinois Municipal Code; (o) made by
8the Chicago Park District for recreational programs for persons
9with disabilities under subsection (c) of Section 7.06 of the
10Chicago Park District Act; (p) made for contributions to a
11firefighter's pension fund created under Article 4 of the
12Illinois Pension Code, to the extent of the amount certified
13under item (5) of Section 4-134 of the Illinois Pension Code;
14(q) made by Ford Heights School District 169 under Section
1517-9.02 of the School Code; and (r) made for the purpose of
16making employer contributions to the Public School Teachers'
17Pension and Retirement Fund of Chicago under Section 34-53 of
18the School Code.
19    "Aggregate extension" for all taxing districts to which
20this Law applies in accordance with Section 18-213, except for
21those taxing districts subject to paragraph (2) of subsection
22(e) of Section 18-213, means the annual corporate extension for
23the taxing district and those special purpose extensions that
24are made annually for the taxing district, excluding special
25purpose extensions: (a) made for the taxing district to pay
26interest or principal on general obligation bonds that were

 

 

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1approved by referendum; (b) made for any taxing district to pay
2interest or principal on general obligation bonds issued before
3the date on which the referendum making this Law applicable to
4the taxing district is held; (c) made for any taxing district
5to pay interest or principal on bonds issued to refund or
6continue to refund those bonds issued before the date on which
7the referendum making this Law applicable to the taxing
8district is held; (d) made for any taxing district to pay
9interest or principal on bonds issued to refund or continue to
10refund bonds issued after the date on which the referendum
11making this Law applicable to the taxing district is held if
12the bonds were approved by referendum after the date on which
13the referendum making this Law applicable to the taxing
14district is held; (e) made for any taxing district to pay
15interest or principal on revenue bonds issued before the date
16on which the referendum making this Law applicable to the
17taxing district is held for payment of which a property tax
18levy or the full faith and credit of the unit of local
19government is pledged; however, a tax for the payment of
20interest or principal on those bonds shall be made only after
21the governing body of the unit of local government finds that
22all other sources for payment are insufficient to make those
23payments; (f) made for payments under a building commission
24lease when the lease payments are for the retirement of bonds
25issued by the commission before the date on which the
26referendum making this Law applicable to the taxing district is

 

 

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1held to pay for the building project; (g) made for payments due
2under installment contracts entered into before the date on
3which the referendum making this Law applicable to the taxing
4district is held; (h) made for payments of principal and
5interest on limited bonds, as defined in Section 3 of the Local
6Government Debt Reform Act, in an amount not to exceed the debt
7service extension base less the amount in items (b), (c), and
8(e) of this definition for non-referendum obligations, except
9obligations initially issued pursuant to referendum; (i) made
10for payments of principal and interest on bonds issued under
11Section 15 of the Local Government Debt Reform Act; (j) made
12for a qualified airport authority to pay interest or principal
13on general obligation bonds issued for the purpose of paying
14obligations due under, or financing airport facilities
15required to be acquired, constructed, installed or equipped
16pursuant to, contracts entered into before March 1, 1996 (but
17not including any amendments to such a contract taking effect
18on or after that date); (k) made to fund expenses of providing
19joint recreational programs for persons with disabilities
20under Section 5-8 of the Park District Code or Section 11-95-14
21of the Illinois Municipal Code; (l) made for contributions to a
22firefighter's pension fund created under Article 4 of the
23Illinois Pension Code, to the extent of the amount certified
24under item (5) of Section 4-134 of the Illinois Pension Code;
25and (m) made for the taxing district to pay interest or
26principal on general obligation bonds issued pursuant to

 

 

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1Section 19-3.10 of the School Code.
2    "Aggregate extension" for all taxing districts to which
3this Law applies in accordance with paragraph (2) of subsection
4(e) of Section 18-213 means the annual corporate extension for
5the taxing district and those special purpose extensions that
6are made annually for the taxing district, excluding special
7purpose extensions: (a) made for the taxing district to pay
8interest or principal on general obligation bonds that were
9approved by referendum; (b) made for any taxing district to pay
10interest or principal on general obligation bonds issued before
11the effective date of this amendatory Act of 1997; (c) made for
12any taxing district to pay interest or principal on bonds
13issued to refund or continue to refund those bonds issued
14before the effective date of this amendatory Act of 1997; (d)
15made for any taxing district to pay interest or principal on
16bonds issued to refund or continue to refund bonds issued after
17the effective date of this amendatory Act of 1997 if the bonds
18were approved by referendum after the effective date of this
19amendatory Act of 1997; (e) made for any taxing district to pay
20interest or principal on revenue bonds issued before the
21effective date of this amendatory Act of 1997 for payment of
22which a property tax levy or the full faith and credit of the
23unit of local government is pledged; however, a tax for the
24payment of interest or principal on those bonds shall be made
25only after the governing body of the unit of local government
26finds that all other sources for payment are insufficient to

 

 

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1make those payments; (f) made for payments under a building
2commission lease when the lease payments are for the retirement
3of bonds issued by the commission before the effective date of
4this amendatory Act of 1997 to pay for the building project;
5(g) made for payments due under installment contracts entered
6into before the effective date of this amendatory Act of 1997;
7(h) made for payments of principal and interest on limited
8bonds, as defined in Section 3 of the Local Government Debt
9Reform Act, in an amount not to exceed the debt service
10extension base less the amount in items (b), (c), and (e) of
11this definition for non-referendum obligations, except
12obligations initially issued pursuant to referendum; (i) made
13for payments of principal and interest on bonds issued under
14Section 15 of the Local Government Debt Reform Act; (j) made
15for a qualified airport authority to pay interest or principal
16on general obligation bonds issued for the purpose of paying
17obligations due under, or financing airport facilities
18required to be acquired, constructed, installed or equipped
19pursuant to, contracts entered into before March 1, 1996 (but
20not including any amendments to such a contract taking effect
21on or after that date); (k) made to fund expenses of providing
22joint recreational programs for persons with disabilities
23under Section 5-8 of the Park District Code or Section 11-95-14
24of the Illinois Municipal Code; and (l) made for contributions
25to a firefighter's pension fund created under Article 4 of the
26Illinois Pension Code, to the extent of the amount certified

 

 

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1under item (5) of Section 4-134 of the Illinois Pension Code.
2    "Debt service extension base" means an amount equal to that
3portion of the extension for a taxing district for the 1994
4levy year, or for those taxing districts subject to this Law in
5accordance with Section 18-213, except for those subject to
6paragraph (2) of subsection (e) of Section 18-213, for the levy
7year in which the referendum making this Law applicable to the
8taxing district is held, or for those taxing districts subject
9to this Law in accordance with paragraph (2) of subsection (e)
10of Section 18-213 for the 1996 levy year, constituting an
11extension for payment of principal and interest on bonds issued
12by the taxing district without referendum, but not including
13excluded non-referendum bonds. For park districts (i) that were
14first subject to this Law in 1991 or 1995 and (ii) whose
15extension for the 1994 levy year for the payment of principal
16and interest on bonds issued by the park district without
17referendum (but not including excluded non-referendum bonds)
18was less than 51% of the amount for the 1991 levy year
19constituting an extension for payment of principal and interest
20on bonds issued by the park district without referendum (but
21not including excluded non-referendum bonds), "debt service
22extension base" means an amount equal to that portion of the
23extension for the 1991 levy year constituting an extension for
24payment of principal and interest on bonds issued by the park
25district without referendum (but not including excluded
26non-referendum bonds). A debt service extension base

 

 

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1established or increased at any time pursuant to any provision
2of this Law, except Section 18-212, shall be increased each
3year commencing with the later of (i) the 2009 levy year or
4(ii) the first levy year in which this Law becomes applicable
5to the taxing district, by the lesser of 5% or the percentage
6increase in the Consumer Price Index during the 12-month
7calendar year preceding the levy year. The debt service
8extension base may be established or increased as provided
9under Section 18-212. "Excluded non-referendum bonds" means
10(i) bonds authorized by Public Act 88-503 and issued under
11Section 20a of the Chicago Park District Act for aquarium and
12museum projects; (ii) bonds issued under Section 15 of the
13Local Government Debt Reform Act; or (iii) refunding
14obligations issued to refund or to continue to refund
15obligations initially issued pursuant to referendum.
16    "Special purpose extensions" include, but are not limited
17to, extensions for levies made on an annual basis for
18unemployment and workers' compensation, self-insurance,
19contributions to pension plans, and extensions made pursuant to
20Section 6-601 of the Illinois Highway Code for a road
21district's permanent road fund whether levied annually or not.
22The extension for a special service area is not included in the
23aggregate extension.
24    "Aggregate extension base" means the taxing district's
25last preceding aggregate extension as adjusted under Sections
2618-135, 18-215, 18-230, and 18-206, and 18-233. An adjustment

 

 

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1under Section 18-135 shall be made for the 2007 levy year and
2all subsequent levy years whenever one or more counties within
3which a taxing district is located (i) used estimated
4valuations or rates when extending taxes in the taxing district
5for the last preceding levy year that resulted in the over or
6under extension of taxes, or (ii) increased or decreased the
7tax extension for the last preceding levy year as required by
8Section 18-135(c). Whenever an adjustment is required under
9Section 18-135, the aggregate extension base of the taxing
10district shall be equal to the amount that the aggregate
11extension of the taxing district would have been for the last
12preceding levy year if either or both (i) actual, rather than
13estimated, valuations or rates had been used to calculate the
14extension of taxes for the last levy year, or (ii) the tax
15extension for the last preceding levy year had not been
16adjusted as required by subsection (c) of Section 18-135.
17Whenever an adjustment is required under Section 18-233, the
18aggregate extension base of the taxing district shall be equal
19to the amount that the aggregate extension of the taxing
20district would have been for the last preceding levy year if
21the actual valuations and rates, as adjusted for the increases
22or reductions specified in Section 18-233, had been used to
23calculate the extension of taxes for the levy year in which the
24overextension or underextension occurred.
25    Notwithstanding any other provision of law, for levy year
262012, the aggregate extension base for West Northfield School

 

 

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1District No. 31 in Cook County shall be $12,654,592.
2    "Levy year" has the same meaning as "year" under Section
31-155.
4    "New property" means (i) the assessed value, after final
5board of review or board of appeals action, of new improvements
6or additions to existing improvements on any parcel of real
7property that increase the assessed value of that real property
8during the levy year multiplied by the equalization factor
9issued by the Department under Section 17-30, (ii) the assessed
10value, after final board of review or board of appeals action,
11of real property not exempt from real estate taxation, which
12real property was exempt from real estate taxation for any
13portion of the immediately preceding levy year, multiplied by
14the equalization factor issued by the Department under Section
1517-30, including the assessed value, upon final stabilization
16of occupancy after new construction is complete, of any real
17property located within the boundaries of an otherwise or
18previously exempt military reservation that is intended for
19residential use and owned by or leased to a private corporation
20or other entity, (iii) in counties that classify in accordance
21with Section 4 of Article IX of the Illinois Constitution, an
22incentive property's additional assessed value resulting from
23a scheduled increase in the level of assessment as applied to
24the first year final board of review market value, and (iv) any
25increase in assessed value due to oil or gas production from an
26oil or gas well required to be permitted under the Hydraulic

 

 

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1Fracturing Regulatory Act that was not produced in or accounted
2for during the previous levy year. In addition, the county
3clerk in a county containing a population of 3,000,000 or more
4shall include in the 1997 recovered tax increment value for any
5school district, any recovered tax increment value that was
6applicable to the 1995 tax year calculations.
7    "Qualified airport authority" means an airport authority
8organized under the Airport Authorities Act and located in a
9county bordering on the State of Wisconsin and having a
10population in excess of 200,000 and not greater than 500,000.
11    "Recovered tax increment value" means, except as otherwise
12provided in this paragraph, the amount of the current year's
13equalized assessed value, in the first year after a
14municipality terminates the designation of an area as a
15redevelopment project area previously established under the
16Tax Increment Allocation Development Act in the Illinois
17Municipal Code, previously established under the Industrial
18Jobs Recovery Law in the Illinois Municipal Code, previously
19established under the Economic Development Project Area Tax
20Increment Act of 1995, or previously established under the
21Economic Development Area Tax Increment Allocation Act, of each
22taxable lot, block, tract, or parcel of real property in the
23redevelopment project area over and above the initial equalized
24assessed value of each property in the redevelopment project
25area. For the taxes which are extended for the 1997 levy year,
26the recovered tax increment value for a non-home rule taxing

 

 

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1district that first became subject to this Law for the 1995
2levy year because a majority of its 1994 equalized assessed
3value was in an affected county or counties shall be increased
4if a municipality terminated the designation of an area in 1993
5as a redevelopment project area previously established under
6the Tax Increment Allocation Development Act in the Illinois
7Municipal Code, previously established under the Industrial
8Jobs Recovery Law in the Illinois Municipal Code, or previously
9established under the Economic Development Area Tax Increment
10Allocation Act, by an amount equal to the 1994 equalized
11assessed value of each taxable lot, block, tract, or parcel of
12real property in the redevelopment project area over and above
13the initial equalized assessed value of each property in the
14redevelopment project area. In the first year after a
15municipality removes a taxable lot, block, tract, or parcel of
16real property from a redevelopment project area established
17under the Tax Increment Allocation Development Act in the
18Illinois Municipal Code, the Industrial Jobs Recovery Law in
19the Illinois Municipal Code, or the Economic Development Area
20Tax Increment Allocation Act, "recovered tax increment value"
21means the amount of the current year's equalized assessed value
22of each taxable lot, block, tract, or parcel of real property
23removed from the redevelopment project area over and above the
24initial equalized assessed value of that real property before
25removal from the redevelopment project area.
26    Except as otherwise provided in this Section, "limiting

 

 

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1rate" means a fraction the numerator of which is the last
2preceding aggregate extension base times an amount equal to one
3plus the extension limitation defined in this Section and the
4denominator of which is the current year's equalized assessed
5value of all real property in the territory under the
6jurisdiction of the taxing district during the prior levy year.
7For those taxing districts that reduced their aggregate
8extension for the last preceding levy year, except for school
9districts that reduced their extension for educational
10purposes pursuant to Section 18-206, the highest aggregate
11extension in any of the last 3 preceding levy years shall be
12used for the purpose of computing the limiting rate. The
13denominator shall not include new property or the recovered tax
14increment value. If a new rate, a rate decrease, or a limiting
15rate increase has been approved at an election held after March
1621, 2006, then (i) the otherwise applicable limiting rate shall
17be increased by the amount of the new rate or shall be reduced
18by the amount of the rate decrease, as the case may be, or (ii)
19in the case of a limiting rate increase, the limiting rate
20shall be equal to the rate set forth in the proposition
21approved by the voters for each of the years specified in the
22proposition, after which the limiting rate of the taxing
23district shall be calculated as otherwise provided. In the case
24of a taxing district that obtained referendum approval for an
25increased limiting rate on March 20, 2012, the limiting rate
26for tax year 2012 shall be the rate that generates the

 

 

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1approximate total amount of taxes extendable for that tax year,
2as set forth in the proposition approved by the voters; this
3rate shall be the final rate applied by the county clerk for
4the aggregate of all capped funds of the district for tax year
52012.
6(Source: P.A. 99-143, eff. 7-27-15; 99-521, eff. 6-1-17;
7100-465, eff. 8-31-17.)
 
8    (35 ILCS 200/18-233 new)
9    Sec. 18-233. Adjustments for certificates of error,
10decisions of the board of review, or decisions of the Property
11Tax Appeal Board. Beginning in levy year 2019, a taxing
12district's aggregate extension base shall be adjusted whenever
13an assessment increase or decrease due to the issuance of a
14certificate of error, a decision of the board of review, or a
15decision of the Property Tax Appeal Board results in the
16overextension or underextension of taxes for the last preceding
17levy year. Whenever an adjustment is required under this
18Section, the aggregate extension base of the taxing district
19shall be equal to the amount that the aggregate extension of
20the taxing district would have been for the last preceding levy
21year if the actual valuations and rates, as adjusted for the
22increases or reductions specified in this Section, had been
23used to calculate the extension of taxes for the levy year in
24which the overextension or underextension occurred.
 

 

 

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