Rep. Fred Crespo

Filed: 3/24/2017

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 1123

2    AMENDMENT NO. ______. Amend House Bill 1123 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by adding
5Division 7 to Article 18 and by changing Section 20-15 as
6follows:
 
7    (35 ILCS 200/Art. 18 Div. 7 heading new)
8
Division 7. School District Extension Freeze Law

 
9    (35 ILCS 200/18-280 new)
10    Sec. 18-280. Short title. This Division 7 may be cited as
11the School District Extension Freeze Law.
 
12    (35 ILCS 200/18-285 new)
13    Sec. 18-285. Limitation.
14    (a) If, at the end of any levy year, any school district

 

 

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1has reserves of 50% or more of its operating budget, as
2determined by the State Board of Education, then, for the next
3levy year, the county clerk shall extend a rate for that
4district for all purposes that is no greater than the
5educational limiting rate.
6    (b) Each school district shall transmit to the State Board
7of Education any information required by the State Board of
8Education, by rule, for the purposes of making the
9determination required under this Section.
10    (c) In the case of a school district that is subject to
11both the Property Tax Extension Limitation Law and this Law,
12the provisions of the Property Tax Extension Limitation Law
13shall be suspended for that district for any levy year in which
14the district is subject to the educational limiting rate under
15this Division.
16    (d) For a school district that has reserves of 50% or more
17but not more than 60% of its operating budget at the end of the
18immediately preceding levy year, as determined by the State
19Board of Education, "educational limiting rate" means a
20fraction the numerator of which is the district's last
21preceding extension for all purposes and the denominator of
22which is the current year's equalized assessed value of all
23real property in the territory under the jurisdiction of the
24district during the prior levy year. For a school district that
25has reserves of 60% or more of its operating budget at the end
26of the immediately preceding levy year, as determined by the

 

 

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1State Board of Education, "educational limiting rate" means a
2fraction (i) the numerator of which is the district's last
3preceding extension for all purposes minus the difference
4between the district's reserve amount for the immediately
5preceding levy year and a reserve amount of 60% for that levy
6year and (ii) the denominator of which is the current year's
7equalized assessed value of all real property in the territory
8under the jurisdiction of the taxing district during the prior
9levy year. In either case, the denominator shall not include
10new property or the recovered tax increment value, as defined
11in the Property Tax Extension Limitation Law.
 
12    (35 ILCS 200/18-290 new)
13    Sec. 18-290. Referendum to increase the educational
14limiting rate. A school district may increase its educational
15limiting rate for one or more levy years if the district holds
16a referendum before the levy date for the first levy year at
17which a majority of voters voting on the issue approves the
18higher educational limiting rate. Referenda shall be conducted
19at a regularly scheduled election in accordance with the
20Election Code. The question shall be presented in substantially
21the following manner:
22        Shall the educational limiting rate for (school
23    district) be increased from (applicable educational
24    limiting rate) to (insert proposed educational limiting
25    rate) for (insert each levy year for which the increased

 

 

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1    extension limitation will apply)?
2    The votes must be recorded as "Yes" or "No".
3    If a majority of voters voting on the issue approves the
4adoption of the increase, the increase shall be applicable for
5each levy year specified.
 
6    (35 ILCS 200/20-15)
7    Sec. 20-15. Information on bill or separate statement.
8There shall be printed on each bill, or on a separate slip
9which shall be mailed with the bill:
10        (a) a statement itemizing the rate at which taxes have
11    been extended for each of the taxing districts in the
12    county in whose district the property is located, and in
13    those counties utilizing electronic data processing
14    equipment the dollar amount of tax due from the person
15    assessed allocable to each of those taxing districts,
16    including a separate statement of the dollar amount of tax
17    due which is allocable to a tax levied under the Illinois
18    Local Library Act or to any other tax levied by a
19    municipality or township for public library purposes,
20        (b) a separate statement for each of the taxing
21    districts of the dollar amount of tax due which is
22    allocable to a tax levied under the Illinois Pension Code
23    or to any other tax levied by a municipality or township
24    for public pension or retirement purposes,
25        (c) the total tax rate,

 

 

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1        (d) the total amount of tax due, and
2        (e) the amount by which the total tax and the tax
3    allocable to each taxing district differs from the
4    taxpayer's last prior tax bill, and .
5        (f) if the property is located in a school district
6    that had its extension reduced by operation of the School
7    District Extension Freeze Law because it retained reserves
8    of 60% or more at the end of the immediately preceding levy
9    year, then a separate statement setting forth the amount by
10    which the extension for educational purposes was reduced.
11    The county treasurer shall ensure that only those taxing
12districts in which a parcel of property is located shall be
13listed on the bill for that property.
14    In all counties the statement shall also provide:
15        (1) the property index number or other suitable
16    description,
17        (2) the assessment of the property,
18        (3) the statutory amount of each homestead exemption
19    applied to the property,
20        (4) the assessed value of the property after
21    application of all homestead exemptions,
22        (5) the equalization factors imposed by the county and
23    by the Department, and
24        (6) the equalized assessment resulting from the
25    application of the equalization factors to the basic
26    assessment.

 

 

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1    In all counties which do not classify property for purposes
2of taxation, for property on which a single family residence is
3situated the statement shall also include a statement to
4reflect the fair cash value determined for the property. In all
5counties which classify property for purposes of taxation in
6accordance with Section 4 of Article IX of the Illinois
7Constitution, for parcels of residential property in the lowest
8assessment classification the statement shall also include a
9statement to reflect the fair cash value determined for the
10property.
11    In all counties, the statement must include information
12that certain taxpayers may be eligible for tax exemptions,
13abatements, and other assistance programs and that, for more
14information, taxpayers should consult with the office of their
15township or county assessor and with the Illinois Department of
16Revenue.
17    In all counties, the statement shall include information
18that certain taxpayers may be eligible for the Senior Citizens
19and Persons with Disabilities Property Tax Relief Act and that
20applications are available from the Illinois Department on
21Aging.
22    In counties which use the estimated or accelerated billing
23methods, these statements shall only be provided with the final
24installment of taxes due. The provisions of this Section create
25a mandatory statutory duty. They are not merely directory or
26discretionary. The failure or neglect of the collector to mail

 

 

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1the bill, or the failure of the taxpayer to receive the bill,
2shall not affect the validity of any tax, or the liability for
3the payment of any tax.
4(Source: P.A. 98-93, eff. 7-16-13; 99-143, eff. 7-27-15.)
 
5    Section 99. Effective date. This Act takes effect July 1,
62018.".