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92nd General Assembly

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Public Act 92-0377

HB0183 Enrolled                                LRB9202533SMdv

    AN ACT regarding taxes.

    Be it enacted by the People of  the  State  of  Illinois,
represented in the General Assembly:

    Section  5.   The  Property Tax Code is amended by adding
Section 18-157 as follows:

    (35 ILCS 200/18-157 new)
    Sec.  18-157.   Apportionment;  tax   objections;   court
decisions;   adjustments   of   levies  and  refunds  to  tax
objectors.  If a court, in any tax  objection  based  on  the
apportionment of an overlapping taxing district under Section
18-155,  for any year prior to the year of the effective date
of this amendatory Act of the 92nd General Assembly, enters a
final judgment that there was  an  over  extension  or  under
extension  of  taxes for an overlapping taxing district based
on the apportionment under Section 18-155 for  the  year  for
which  the  objection  was  filed,  the county clerks of each
county  in  which  there  was  an   under   extension   shall
proportionately  increase the levy of that taxing district by
an amount specified in the court order in that county in  the
subsequent year or in any subsequent year following the final
judgment  of  the  court.   The  increase  in  the levy, when
extended, shall be set forth as a separate item  on  the  tax
bills  of  affected  taxpayers.   Notwithstanding  any  other
provision  of law, the increase in the levy and the extension
thereof shall not be subject to any limitations on levies  or
extensions  imposed  by  the  School  Code or this Code.  The
funds collected pursuant to a  levy  increase  authorized  by
this  Section  shall  be delivered to the county collector of
each  county  in  which  there  was  an  over  extension  for
distribution to the tax  objectors  in  accordance  with  the
court order.
    No  person  who,  under any other provision of this Code,
has received any payment in satisfaction of a  tax  objection
based  in  whole  or  in  part on apportionment under Section
18-155  may  receive  any  payment  under  this  Section   in
satisfaction  of a tax objection based in whole or in part on
apportionment under Section 18-155.

    Section 10.  The School Code is amended by adding Section
17-3A as follows:

    (105 ILCS 5/17-3A new)
    Sec.  17-3A.   Apportionment;   tax   objections;   court
decisions;   adjustments   of   levies  and  refunds  to  tax
objectors.  Notwithstanding any other provision of this Code,
if a court, in any tax objection based on  the  apportionment
of an overlapping taxing district under Section 18-155 of the
Property  Tax  Code,  for  any  year prior to the year of the
effective date of this amendatory Act  of  the  92nd  General
Assembly,  enters  a  final  judgment  that there was an over
extension or under extension  of  taxes  for  an  overlapping
taxing  district  based  on  the  apportionment under Section
18-155 of the Property Tax Code for the year  for  which  the
objection  was  filed,  the  county  clerks of each county in
which there was an under extension of  a  levy  of  a  school
district  shall  proportionately  increase  the  levy of that
school district by an amount specified in the court order  in
that  county in the subsequent year or in any subsequent year
following the final judgment of the court.  The  increase  in
the  levy of the school district, when extended, shall be set
forth as a  separate  item  on  the  tax  bills  of  affected
taxpayers.   Notwithstanding  any other provision of law, the
increase in the levy and the extension thereof shall  not  be
subject to any limitations on levies or extensions imposed by
this  Code  or  the  Property  Tax Code.  The funds collected
pursuant to a levy increase authorized by  this  Section  and
Section 18-155 of the Property Tax Code shall be delivered to
the  county  collector  of  each county in which there was an
over extension for  distribution  to  the  tax  objectors  in
accordance with the court order.

    Section  99.  Effective date.  This Act takes effect upon
becoming law.
    Passed in the General Assembly May 22, 2001.
    Approved August 16, 2001.

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