Full Text of SB0750 94th General Assembly
SB0750sam001 94TH GENERAL ASSEMBLY
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Sen. Richard J. Winkel Jr.
Filed: 3/3/2005
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| AMENDMENT TO SENATE BILL 750
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| AMENDMENT NO. ______. Amend Senate Bill 750 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The State Finance Act is amended by changing | 5 |
| Section 8h and by adding Sections 5.640, 5.645, 6z-68, and | 6 |
| 6z-69 as follows: | 7 |
| (30 ILCS 105/5.640 new)
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| Sec. 5.640. The Higher Education Operating Assistance | 9 |
| Fund.
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| (30 ILCS 105/5.645 new)
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| Sec. 5.645. The School District Property Tax Relief Fund.
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| (30 ILCS 105/6z-68 new) | 13 |
| Sec. 6z-68. School District Property Tax Relief Fund.
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| (a) The School District Property Tax Relief Fund is created | 15 |
| as a special Fund in the State treasury. All interest earned on | 16 |
| moneys in the Fund shall be deposited into the Fund. | 17 |
| (b) As used in this Section: | 18 |
| "Department" means the Department of Revenue. | 19 |
| "School district" means elementary, high school, unit, and | 20 |
| community college districts that levy property taxes.
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| "Property tax relief grant" means the amount of
property | 22 |
| tax relief that will be distributed to each school district |
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| from the School District Property Tax Relief Fund in each | 2 |
| fiscal year. | 3 |
| (c) Beginning in fiscal year 2006, the General Assembly | 4 |
| shall appropriate $3.5 billion from the Education Assistance | 5 |
| Fund to the School District Property Tax Relief Fund. In each | 6 |
| fiscal year thereafter, the General Assembly shall appropriate | 7 |
| an amount from the Education Assistance Fund to the School | 8 |
| District Property Tax Relief Fund equal to the amount | 9 |
| appropriated to the School District Property Tax Relief Fund in | 10 |
| the immediately preceding fiscal year, increased by the | 11 |
| percentage increase in the Consumer Price Index for All Urban | 12 |
| Consumers published by the U.S. Bureau of Labor Statistics for | 13 |
| the immediately preceding fiscal year. | 14 |
| (d) Beginning in 2005 and for every year thereafter, the | 15 |
| Department must certify, no earlier than November 15 and no | 16 |
| later than November 17, the total amount of property tax relief | 17 |
| each school district will receive from the School District | 18 |
| Property Tax Relief Fund. The relief shall be determined as | 19 |
| follows: | 20 |
| In each fiscal year commencing with fiscal year 2006, | 21 |
| the General Assembly shall appropriate the total amount | 22 |
| appropriated to the School District Property Tax Relief | 23 |
| Fund for that fiscal year to fund the aggregate amount of | 24 |
| property tax relief grants that will be distributed to all | 25 |
| school districts. The Department then shall calculate the | 26 |
| amount of property tax relief grant to be distributed to | 27 |
| each school district in each fiscal year as follows: | 28 |
| (A) for fiscal year 2006, each school district | 29 |
| shall receive a property tax relief grant in an amount | 30 |
| equal to one-third of the total property taxes levied | 31 |
| for that school district in tax year 2001 (payable in | 32 |
| 2002); and | 33 |
| (B) for each fiscal year thereafter, the property | 34 |
| tax relief grant for each school district must be |
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| increased by the percentage increase, if any, in the | 2 |
| Consumer Price Index For All Urban Consumers published | 3 |
| for the prior fiscal year. | 4 |
| (30 ILCS 105/6z-69 new) | 5 |
| Sec. 6z-69. Higher Education Operating Assistance Fund. | 6 |
| (a) The Higher Education Operating Assistance Fund is | 7 |
| created as a special fund in the State treasury. Moneys in the | 8 |
| Fund may be used only for the purposes set forth in this | 9 |
| Section. All interest earned on moneys in the Fund must be | 10 |
| deposited into the Fund. | 11 |
| (b) Each fiscal year, beginning in fiscal year 2006, the | 12 |
| General Assembly must appropriate $500,000,000 from the | 13 |
| Education Assistance Fund to the Higher Education Operating | 14 |
| Assistance Fund. | 15 |
| (c) In each fiscal year, beginning in fiscal year 2006, if | 16 |
| the amount appropriated for higher education purposes equals or | 17 |
| exceeds the total appropriation for higher education purposes | 18 |
| from the prior fiscal year multiplied by the percentage of
| 19 |
| increase, in the previous calendar year, of the Consumer Price | 20 |
| Index for all Urban Consumers published by the federal Bureau | 21 |
| of Labor Statistics ("CPI"), then both of the following apply: | 22 |
| (1) The General Assembly must appropriate 80% of the | 23 |
| moneys in the Higher Education Operating Assistance Fund to | 24 |
| the Board of Higher Education for grants to State | 25 |
| universities for their ordinary and contingent expenses. | 26 |
| The grants under this item (1) must be distributed to each | 27 |
| State university based upon each university's full time | 28 |
| equivalent head count. | 29 |
| (2) The General Assembly must appropriate 20% of the | 30 |
| moneys in the Higher Education Operating Assistance Fund to | 31 |
| the Illinois Community College Board for grants to | 32 |
| community colleges for their ordinary and contingent | 33 |
| expenses. The grants under this item (2) must be |
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| distributed as supplemental base operating grants under | 2 |
| Section 2-16.02 of the Public Community College Act. | 3 |
| If, however, the amount appropriated for higher education | 4 |
| purposes is less than the amount of the total appropriation for | 5 |
| higher education purposes from the prior fiscal year as | 6 |
| adjusted by the percentage increase in CPI, then no moneys may | 7 |
| be appropriated from the Higher Education Operating Assistance | 8 |
| Fund for that fiscal year for any purpose. | 9 |
| For purposes of this subsection (c), the term "amount | 10 |
| appropriated for higher education purposes" does not include | 11 |
| any amount appropriated from the Higher Education Operating | 12 |
| Assistance Fund.
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| (30 ILCS 105/8h)
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| Sec. 8h. Transfers to General Revenue Fund. | 15 |
| (a) Except as provided in subsection (b), notwithstanding | 16 |
| any other
State law to the contrary, the Governor
may, through | 17 |
| June 30, 2007, from time to time direct the State Treasurer and | 18 |
| Comptroller to transfer
a specified sum from any fund held by | 19 |
| the State Treasurer to the General
Revenue Fund in order to | 20 |
| help defray the State's operating costs for the
fiscal year. | 21 |
| The total transfer under this Section from any fund in any
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| fiscal year shall not exceed the lesser of (i) 8% of the | 23 |
| revenues to be deposited
into the fund during that fiscal year | 24 |
| or (ii) an amount that leaves a remaining fund balance of 25% | 25 |
| of the July 1 fund balance of that fiscal year. In fiscal year | 26 |
| 2005 only, prior to calculating the July 1, 2004 final | 27 |
| balances, the Governor may calculate and direct the State | 28 |
| Treasurer with the Comptroller to transfer additional amounts | 29 |
| determined by applying the formula authorized in Public Act | 30 |
| 93-839 to the funds balances on July 1, 2003.
No transfer may | 31 |
| be made from a fund under this Section that would have the
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| effect of reducing the available balance in the fund to an | 33 |
| amount less than
the amount remaining unexpended and unreserved |
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| from the total appropriation
from that fund estimated to be | 2 |
| expended for that fiscal year. This Section does not apply to | 3 |
| any
funds that are restricted by federal law to a specific use, | 4 |
| to any funds in
the Motor Fuel Tax Fund, the Hospital Provider | 5 |
| Fund, the Medicaid Provider Relief Fund, the Education | 6 |
| Assistance Fund, the School District Property Tax Relief Fund, | 7 |
| the Higher Education Operating Assistance Fund, or the | 8 |
| Reviewing Court Alternative Dispute Resolution Fund, or to any
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| funds to which subsection (f) of Section 20-40 of the Nursing | 10 |
| and Advanced Practice Nursing Act applies. Notwithstanding any
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| other provision of this Section, for fiscal year 2004,
the | 12 |
| total transfer under this Section from the Road Fund or the | 13 |
| State
Construction Account Fund shall not exceed the lesser of | 14 |
| (i) 5% of the revenues to be deposited
into the fund during | 15 |
| that fiscal year or (ii) 25% of the beginning balance in the | 16 |
| fund.
For fiscal year 2005 through fiscal year 2007, no amounts | 17 |
| may be transferred under this Section from the Road Fund, the | 18 |
| State Construction Account Fund, the Criminal Justice | 19 |
| Information Systems Trust Fund, the Wireless Service Emergency | 20 |
| Fund, or the Mandatory Arbitration Fund.
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| In determining the available balance in a fund, the | 22 |
| Governor
may include receipts, transfers into the fund, and | 23 |
| other
resources anticipated to be available in the fund in that | 24 |
| fiscal year.
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| The State Treasurer and Comptroller shall transfer the | 26 |
| amounts designated
under this Section as soon as may be | 27 |
| practicable after receiving the direction
to transfer from the | 28 |
| Governor.
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| (b) This Section does not apply to any fund established | 30 |
| under the Community Senior Services and Resources Act.
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| (Source: P.A. 93-32, eff. 6-20-03; 93-659, eff. 2-3-04; 93-674, | 32 |
| eff. 6-10-04; 93-714, eff. 7-12-04; 93-801, eff. 7-22-04; | 33 |
| 93-839, eff. 7-30-04; 93-1054, eff. 11-18-04; 93-1067, eff. | 34 |
| 1-15-05.)
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| Section 10. The Illinois Income Tax Act is amended by | 2 |
| changing Sections 201 and 901 as follows:
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| (35 ILCS 5/201) (from Ch. 120, par. 2-201)
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| Sec. 201. Tax Imposed.
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| (a) In general. A tax measured by net income is hereby | 6 |
| imposed on every
individual, corporation, trust and estate for | 7 |
| each taxable year ending
after July 31, 1969 on the privilege | 8 |
| of earning or receiving income in or
as a resident of this | 9 |
| State. Such tax shall be in addition to all other
occupation or | 10 |
| privilege taxes imposed by this State or by any municipal
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| corporation or political subdivision thereof.
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| (b) Rates. The tax imposed by subsection (a) of this | 13 |
| Section shall be
determined as follows, except as adjusted by | 14 |
| subsection (d-1):
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| (1) In the case of an individual, trust or estate, for | 16 |
| taxable years
ending prior to July 1, 1989, an amount equal | 17 |
| to 2 1/2% of the taxpayer's
net income for the taxable | 18 |
| year.
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| (2) In the case of an individual, trust or estate, for | 20 |
| taxable years
beginning prior to July 1, 1989 and ending | 21 |
| after June 30, 1989, an amount
equal to the sum of (i) 2 | 22 |
| 1/2% of the taxpayer's net income for the period
prior to | 23 |
| July 1, 1989, as calculated under Section 202.3, and (ii) | 24 |
| 3% of the
taxpayer's net income for the period after June | 25 |
| 30, 1989, as calculated
under Section 202.3.
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| (3) In the case of an individual, trust or estate, for | 27 |
| taxable years
beginning after June 30, 1989 and beginning | 28 |
| on or before January 1, 2005 , an amount equal to 3% of the | 29 |
| taxpayer's net
income for the taxable year.
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| (4) In the case of an individual, trust or estate, for | 31 |
| taxable years
beginning after January 1, 2005, an amount | 32 |
| equal to 5% of the taxpayer's net
income for the taxable |
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| year
(Blank) .
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| (5) (Blank).
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| (6) In the case of a corporation, for taxable years
| 4 |
| ending prior to July 1, 1989, an amount equal to 4% of the
| 5 |
| taxpayer's net income for the taxable year.
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| (7) In the case of a corporation, for taxable years | 7 |
| beginning prior to
July 1, 1989 and ending after June 30, | 8 |
| 1989, an amount equal to the sum of
(i) 4% of the | 9 |
| taxpayer's net income for the period prior to July 1, 1989,
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| as calculated under Section 202.3, and (ii) 4.8% of the | 11 |
| taxpayer's net
income for the period after June 30, 1989, | 12 |
| as calculated under Section
202.3.
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| (8) In the case of a corporation, for taxable years | 14 |
| beginning after
June 30, 1989 and beginning on or before | 15 |
| January 1, 2005 , an amount equal to 4.8% of the taxpayer's | 16 |
| net income for the
taxable year.
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| (9) In the case of a corporation, for taxable years | 18 |
| beginning after
January 1, 2005, an amount equal to 8% of | 19 |
| the taxpayer's net income for the
taxable year.
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| (c) Personal Property Tax Replacement Income Tax.
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| Beginning on July 1, 1979 and thereafter, in addition to such | 22 |
| income
tax, there is also hereby imposed the Personal Property | 23 |
| Tax Replacement
Income Tax measured by net income on every | 24 |
| corporation (including Subchapter
S corporations), partnership | 25 |
| and trust, for each taxable year ending after
June 30, 1979. | 26 |
| Such taxes are imposed on the privilege of earning or
receiving | 27 |
| income in or as a resident of this State. The Personal Property
| 28 |
| Tax Replacement Income Tax shall be in addition to the income | 29 |
| tax imposed
by subsections (a) and (b) of this Section and in | 30 |
| addition to all other
occupation or privilege taxes imposed by | 31 |
| this State or by any municipal
corporation or political | 32 |
| subdivision thereof.
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| (d) Additional Personal Property Tax Replacement Income | 34 |
| Tax Rates.
The personal property tax replacement income tax |
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| imposed by this subsection
and subsection (c) of this Section | 2 |
| in the case of a corporation, other
than a Subchapter S | 3 |
| corporation and except as adjusted by subsection (d-1),
shall | 4 |
| be an additional amount equal to
2.85% of such taxpayer's net | 5 |
| income for the taxable year, except that
beginning on January | 6 |
| 1, 1981, and thereafter, the rate of 2.85% specified
in this | 7 |
| subsection shall be reduced to 2.5%, and in the case of a
| 8 |
| partnership, trust or a Subchapter S corporation shall be an | 9 |
| additional
amount equal to 1.5% of such taxpayer's net income | 10 |
| for the taxable year.
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| (d-1) Rate reduction for certain foreign insurers. In the | 12 |
| case of a
foreign insurer, as defined by Section 35A-5 of the | 13 |
| Illinois Insurance Code,
whose state or country of domicile | 14 |
| imposes on insurers domiciled in Illinois
a retaliatory tax | 15 |
| (excluding any insurer
whose premiums from reinsurance assumed | 16 |
| are 50% or more of its total insurance
premiums as determined | 17 |
| under paragraph (2) of subsection (b) of Section 304,
except | 18 |
| that for purposes of this determination premiums from | 19 |
| reinsurance do
not include premiums from inter-affiliate | 20 |
| reinsurance arrangements),
beginning with taxable years ending | 21 |
| on or after December 31, 1999,
the sum of
the rates of tax | 22 |
| imposed by subsections (b) and (d) shall be reduced (but not
| 23 |
| increased) to the rate at which the total amount of tax imposed | 24 |
| under this Act,
net of all credits allowed under this Act, | 25 |
| shall equal (i) the total amount of
tax that would be imposed | 26 |
| on the foreign insurer's net income allocable to
Illinois for | 27 |
| the taxable year by such foreign insurer's state or country of
| 28 |
| domicile if that net income were subject to all income taxes | 29 |
| and taxes
measured by net income imposed by such foreign | 30 |
| insurer's state or country of
domicile, net of all credits | 31 |
| allowed or (ii) a rate of zero if no such tax is
imposed on such | 32 |
| income by the foreign insurer's state of domicile.
For the | 33 |
| purposes of this subsection (d-1), an inter-affiliate includes | 34 |
| a
mutual insurer under common management.
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| (1) For the purposes of subsection (d-1), in no event | 2 |
| shall the sum of the
rates of tax imposed by subsections | 3 |
| (b) and (d) be reduced below the rate at
which the sum of:
| 4 |
| (A) the total amount of tax imposed on such foreign | 5 |
| insurer under
this Act for a taxable year, net of all | 6 |
| credits allowed under this Act, plus
| 7 |
| (B) the privilege tax imposed by Section 409 of the | 8 |
| Illinois Insurance
Code, the fire insurance company | 9 |
| tax imposed by Section 12 of the Fire
Investigation | 10 |
| Act, and the fire department taxes imposed under | 11 |
| Section 11-10-1
of the Illinois Municipal Code,
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| equals 1.25% for taxable years ending prior to December 31, | 13 |
| 2003, or
1.75% for taxable years ending on or after | 14 |
| December 31, 2003, of the net
taxable premiums written for | 15 |
| the taxable year,
as described by subsection (1) of Section | 16 |
| 409 of the Illinois Insurance Code.
This paragraph will in | 17 |
| no event increase the rates imposed under subsections
(b) | 18 |
| and (d).
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| (2) Any reduction in the rates of tax imposed by this | 20 |
| subsection shall be
applied first against the rates imposed | 21 |
| by subsection (b) and only after the
tax imposed by | 22 |
| subsection (a) net of all credits allowed under this | 23 |
| Section
other than the credit allowed under subsection (i) | 24 |
| has been reduced to zero,
against the rates imposed by | 25 |
| subsection (d).
| 26 |
| This subsection (d-1) is exempt from the provisions of | 27 |
| Section 250.
| 28 |
| (e) Investment credit. A taxpayer shall be allowed a credit
| 29 |
| against the Personal Property Tax Replacement Income Tax for
| 30 |
| investment in qualified property.
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| (1) A taxpayer shall be allowed a credit equal to .5% | 32 |
| of
the basis of qualified property placed in service during | 33 |
| the taxable year,
provided such property is placed in | 34 |
| service on or after
July 1, 1984. There shall be allowed an |
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| additional credit equal
to .5% of the basis of qualified | 2 |
| property placed in service during the
taxable year, | 3 |
| provided such property is placed in service on or
after | 4 |
| July 1, 1986, and the taxpayer's base employment
within | 5 |
| Illinois has increased by 1% or more over the preceding | 6 |
| year as
determined by the taxpayer's employment records | 7 |
| filed with the
Illinois Department of Employment Security. | 8 |
| Taxpayers who are new to
Illinois shall be deemed to have | 9 |
| met the 1% growth in base employment for
the first year in | 10 |
| which they file employment records with the Illinois
| 11 |
| Department of Employment Security. The provisions added to | 12 |
| this Section by
Public Act 85-1200 (and restored by Public | 13 |
| Act 87-895) shall be
construed as declaratory of existing | 14 |
| law and not as a new enactment. If,
in any year, the | 15 |
| increase in base employment within Illinois over the
| 16 |
| preceding year is less than 1%, the additional credit shall | 17 |
| be limited to that
percentage times a fraction, the | 18 |
| numerator of which is .5% and the denominator
of which is | 19 |
| 1%, but shall not exceed .5%. The investment credit shall | 20 |
| not be
allowed to the extent that it would reduce a | 21 |
| taxpayer's liability in any tax
year below zero, nor may | 22 |
| any credit for qualified property be allowed for any
year | 23 |
| other than the year in which the property was placed in | 24 |
| service in
Illinois. For tax years ending on or after | 25 |
| December 31, 1987, and on or
before December 31, 1988, the | 26 |
| credit shall be allowed for the tax year in
which the | 27 |
| property is placed in service, or, if the amount of the | 28 |
| credit
exceeds the tax liability for that year, whether it | 29 |
| exceeds the original
liability or the liability as later | 30 |
| amended, such excess may be carried
forward and applied to | 31 |
| the tax liability of the 5 taxable years following
the | 32 |
| excess credit years if the taxpayer (i) makes investments | 33 |
| which cause
the creation of a minimum of 2,000 full-time | 34 |
| equivalent jobs in Illinois,
(ii) is located in an |
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| enterprise zone established pursuant to the Illinois
| 2 |
| Enterprise Zone Act and (iii) is certified by the | 3 |
| Department of Commerce
and Community Affairs (now | 4 |
| Department of Commerce and Economic Opportunity) as | 5 |
| complying with the requirements specified in
clause (i) and | 6 |
| (ii) by July 1, 1986. The Department of Commerce and
| 7 |
| Community Affairs (now Department of Commerce and Economic | 8 |
| Opportunity) shall notify the Department of Revenue of all | 9 |
| such
certifications immediately. For tax years ending | 10 |
| after December 31, 1988,
the credit shall be allowed for | 11 |
| the tax year in which the property is
placed in service, | 12 |
| or, if the amount of the credit exceeds the tax
liability | 13 |
| for that year, whether it exceeds the original liability or | 14 |
| the
liability as later amended, such excess may be carried | 15 |
| forward and applied
to the tax liability of the 5 taxable | 16 |
| years following the excess credit
years. The credit shall | 17 |
| be applied to the earliest year for which there is
a | 18 |
| liability. If there is credit from more than one tax year | 19 |
| that is
available to offset a liability, earlier credit | 20 |
| shall be applied first.
| 21 |
| (2) The term "qualified property" means property | 22 |
| which:
| 23 |
| (A) is tangible, whether new or used, including | 24 |
| buildings and structural
components of buildings and | 25 |
| signs that are real property, but not including
land or | 26 |
| improvements to real property that are not a structural | 27 |
| component of a
building such as landscaping, sewer | 28 |
| lines, local access roads, fencing, parking
lots, and | 29 |
| other appurtenances;
| 30 |
| (B) is depreciable pursuant to Section 167 of the | 31 |
| Internal Revenue Code,
except that "3-year property" | 32 |
| as defined in Section 168(c)(2)(A) of that
Code is not | 33 |
| eligible for the credit provided by this subsection | 34 |
| (e);
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| (C) is acquired by purchase as defined in Section | 2 |
| 179(d) of
the Internal Revenue Code;
| 3 |
| (D) is used in Illinois by a taxpayer who is | 4 |
| primarily engaged in
manufacturing, or in mining coal | 5 |
| or fluorite, or in retailing; and
| 6 |
| (E) has not previously been used in Illinois in | 7 |
| such a manner and by
such a person as would qualify for | 8 |
| the credit provided by this subsection
(e) or | 9 |
| subsection (f).
| 10 |
| (3) For purposes of this subsection (e), | 11 |
| "manufacturing" means
the material staging and production | 12 |
| of tangible personal property by
procedures commonly | 13 |
| regarded as manufacturing, processing, fabrication, or
| 14 |
| assembling which changes some existing material into new | 15 |
| shapes, new
qualities, or new combinations. For purposes of | 16 |
| this subsection
(e) the term "mining" shall have the same | 17 |
| meaning as the term "mining" in
Section 613(c) of the | 18 |
| Internal Revenue Code. For purposes of this subsection
(e), | 19 |
| the term "retailing" means the sale of tangible personal | 20 |
| property or
services rendered in conjunction with the sale | 21 |
| of tangible consumer goods
or commodities.
| 22 |
| (4) The basis of qualified property shall be the basis
| 23 |
| used to compute the depreciation deduction for federal | 24 |
| income tax purposes.
| 25 |
| (5) If the basis of the property for federal income tax | 26 |
| depreciation
purposes is increased after it has been placed | 27 |
| in service in Illinois by
the taxpayer, the amount of such | 28 |
| increase shall be deemed property placed
in service on the | 29 |
| date of such increase in basis.
| 30 |
| (6) The term "placed in service" shall have the same
| 31 |
| meaning as under Section 46 of the Internal Revenue Code.
| 32 |
| (7) If during any taxable year, any property ceases to
| 33 |
| be qualified property in the hands of the taxpayer within | 34 |
| 48 months after
being placed in service, or the situs of |
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| any qualified property is
moved outside Illinois within 48 | 2 |
| months after being placed in service, the
Personal Property | 3 |
| Tax Replacement Income Tax for such taxable year shall be
| 4 |
| increased. Such increase shall be determined by (i) | 5 |
| recomputing the
investment credit which would have been | 6 |
| allowed for the year in which
credit for such property was | 7 |
| originally allowed by eliminating such
property from such | 8 |
| computation and, (ii) subtracting such recomputed credit
| 9 |
| from the amount of credit previously allowed. For the | 10 |
| purposes of this
paragraph (7), a reduction of the basis of | 11 |
| qualified property resulting
from a redetermination of the | 12 |
| purchase price shall be deemed a disposition
of qualified | 13 |
| property to the extent of such reduction.
| 14 |
| (8) Unless the investment credit is extended by law, | 15 |
| the
basis of qualified property shall not include costs | 16 |
| incurred after
December 31, 2008, except for costs incurred | 17 |
| pursuant to a binding
contract entered into on or before | 18 |
| December 31, 2008.
| 19 |
| (9) Each taxable year ending before December 31, 2000, | 20 |
| a partnership may
elect to pass through to its
partners the | 21 |
| credits to which the partnership is entitled under this | 22 |
| subsection
(e) for the taxable year. A partner may use the | 23 |
| credit allocated to him or her
under this paragraph only | 24 |
| against the tax imposed in subsections (c) and (d) of
this | 25 |
| Section. If the partnership makes that election, those | 26 |
| credits shall be
allocated among the partners in the | 27 |
| partnership in accordance with the rules
set forth in | 28 |
| Section 704(b) of the Internal Revenue Code, and the rules
| 29 |
| promulgated under that Section, and the allocated amount of | 30 |
| the credits shall
be allowed to the partners for that | 31 |
| taxable year. The partnership shall make
this election on | 32 |
| its Personal Property Tax Replacement Income Tax return for
| 33 |
| that taxable year. The election to pass through the credits | 34 |
| shall be
irrevocable.
|
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| For taxable years ending on or after December 31, 2000, | 2 |
| a
partner that qualifies its
partnership for a subtraction | 3 |
| under subparagraph (I) of paragraph (2) of
subsection (d) | 4 |
| of Section 203 or a shareholder that qualifies a Subchapter | 5 |
| S
corporation for a subtraction under subparagraph (S) of | 6 |
| paragraph (2) of
subsection (b) of Section 203 shall be | 7 |
| allowed a credit under this subsection
(e) equal to its | 8 |
| share of the credit earned under this subsection (e) during
| 9 |
| the taxable year by the partnership or Subchapter S | 10 |
| corporation, determined in
accordance with the | 11 |
| determination of income and distributive share of
income | 12 |
| under Sections 702 and 704 and Subchapter S of the Internal | 13 |
| Revenue
Code. This paragraph is exempt from the provisions | 14 |
| of Section 250.
| 15 |
| (f) Investment credit; Enterprise Zone.
| 16 |
| (1) A taxpayer shall be allowed a credit against the | 17 |
| tax imposed
by subsections (a) and (b) of this Section for | 18 |
| investment in qualified
property which is placed in service | 19 |
| in an Enterprise Zone created
pursuant to the Illinois | 20 |
| Enterprise Zone Act. For partners, shareholders
of | 21 |
| Subchapter S corporations, and owners of limited liability | 22 |
| companies,
if the liability company is treated as a | 23 |
| partnership for purposes of
federal and State income | 24 |
| taxation, there shall be allowed a credit under
this | 25 |
| subsection (f) to be determined in accordance with the | 26 |
| determination
of income and distributive share of income | 27 |
| under Sections 702 and 704 and
Subchapter S of the Internal | 28 |
| Revenue Code. The credit shall be .5% of the
basis for such | 29 |
| property. The credit shall be available only in the taxable
| 30 |
| year in which the property is placed in service in the | 31 |
| Enterprise Zone and
shall not be allowed to the extent that | 32 |
| it would reduce a taxpayer's
liability for the tax imposed | 33 |
| by subsections (a) and (b) of this Section to
below zero. | 34 |
| For tax years ending on or after December 31, 1985, the |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| credit
shall be allowed for the tax year in which the | 2 |
| property is placed in
service, or, if the amount of the | 3 |
| credit exceeds the tax liability for that
year, whether it | 4 |
| exceeds the original liability or the liability as later
| 5 |
| amended, such excess may be carried forward and applied to | 6 |
| the tax
liability of the 5 taxable years following the | 7 |
| excess credit year.
The credit shall be applied to the | 8 |
| earliest year for which there is a
liability. If there is | 9 |
| credit from more than one tax year that is available
to | 10 |
| offset a liability, the credit accruing first in time shall | 11 |
| be applied
first.
| 12 |
| (2) The term qualified property means property which:
| 13 |
| (A) is tangible, whether new or used, including | 14 |
| buildings and
structural components of buildings;
| 15 |
| (B) is depreciable pursuant to Section 167 of the | 16 |
| Internal Revenue
Code, except that "3-year property" | 17 |
| as defined in Section 168(c)(2)(A) of
that Code is not | 18 |
| eligible for the credit provided by this subsection | 19 |
| (f);
| 20 |
| (C) is acquired by purchase as defined in Section | 21 |
| 179(d) of
the Internal Revenue Code;
| 22 |
| (D) is used in the Enterprise Zone by the taxpayer; | 23 |
| and
| 24 |
| (E) has not been previously used in Illinois in | 25 |
| such a manner and by
such a person as would qualify for | 26 |
| the credit provided by this subsection
(f) or | 27 |
| subsection (e).
| 28 |
| (3) The basis of qualified property shall be the basis | 29 |
| used to compute
the depreciation deduction for federal | 30 |
| income tax purposes.
| 31 |
| (4) If the basis of the property for federal income tax | 32 |
| depreciation
purposes is increased after it has been placed | 33 |
| in service in the Enterprise
Zone by the taxpayer, the | 34 |
| amount of such increase shall be deemed property
placed in |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| service on the date of such increase in basis.
| 2 |
| (5) The term "placed in service" shall have the same | 3 |
| meaning as under
Section 46 of the Internal Revenue Code.
| 4 |
| (6) If during any taxable year, any property ceases to | 5 |
| be qualified
property in the hands of the taxpayer within | 6 |
| 48 months after being placed
in service, or the situs of | 7 |
| any qualified property is moved outside the
Enterprise Zone | 8 |
| within 48 months after being placed in service, the tax
| 9 |
| imposed under subsections (a) and (b) of this Section for | 10 |
| such taxable year
shall be increased. Such increase shall | 11 |
| be determined by (i) recomputing
the investment credit | 12 |
| which would have been allowed for the year in which
credit | 13 |
| for such property was originally allowed by eliminating | 14 |
| such
property from such computation, and (ii) subtracting | 15 |
| such recomputed credit
from the amount of credit previously | 16 |
| allowed. For the purposes of this
paragraph (6), a | 17 |
| reduction of the basis of qualified property resulting
from | 18 |
| a redetermination of the purchase price shall be deemed a | 19 |
| disposition
of qualified property to the extent of such | 20 |
| reduction.
| 21 |
| (g) Jobs Tax Credit; Enterprise Zone and Foreign Trade | 22 |
| Zone or Sub-Zone.
| 23 |
| (1) A taxpayer conducting a trade or business in an | 24 |
| enterprise zone
or a High Impact Business designated by the | 25 |
| Department of Commerce and
Economic Opportunity conducting | 26 |
| a trade or business in a federally designated
Foreign Trade | 27 |
| Zone or Sub-Zone shall be allowed a credit against the tax
| 28 |
| imposed by subsections (a) and (b) of this Section in the | 29 |
| amount of $500
per eligible employee hired to work in the | 30 |
| zone during the taxable year.
| 31 |
| (2) To qualify for the credit:
| 32 |
| (A) the taxpayer must hire 5 or more eligible | 33 |
| employees to work in an
enterprise zone or federally | 34 |
| designated Foreign Trade Zone or Sub-Zone
during the |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| taxable year;
| 2 |
| (B) the taxpayer's total employment within the | 3 |
| enterprise zone or
federally designated Foreign Trade | 4 |
| Zone or Sub-Zone must
increase by 5 or more full-time | 5 |
| employees beyond the total employed in that
zone at the | 6 |
| end of the previous tax year for which a jobs tax
| 7 |
| credit under this Section was taken, or beyond the | 8 |
| total employed by the
taxpayer as of December 31, 1985, | 9 |
| whichever is later; and
| 10 |
| (C) the eligible employees must be employed 180 | 11 |
| consecutive days in
order to be deemed hired for | 12 |
| purposes of this subsection.
| 13 |
| (3) An "eligible employee" means an employee who is:
| 14 |
| (A) Certified by the Department of Commerce and | 15 |
| Economic Opportunity
as "eligible for services" | 16 |
| pursuant to regulations promulgated in
accordance with | 17 |
| Title II of the Job Training Partnership Act, Training
| 18 |
| Services for the Disadvantaged or Title III of the Job | 19 |
| Training Partnership
Act, Employment and Training | 20 |
| Assistance for Dislocated Workers Program.
| 21 |
| (B) Hired after the enterprise zone or federally | 22 |
| designated Foreign
Trade Zone or Sub-Zone was | 23 |
| designated or the trade or
business was located in that | 24 |
| zone, whichever is later.
| 25 |
| (C) Employed in the enterprise zone or Foreign | 26 |
| Trade Zone or
Sub-Zone. An employee is employed in an
| 27 |
| enterprise zone or federally designated Foreign Trade | 28 |
| Zone or Sub-Zone
if his services are rendered there or | 29 |
| it is the base of
operations for the services | 30 |
| performed.
| 31 |
| (D) A full-time employee working 30 or more hours | 32 |
| per week.
| 33 |
| (4) For tax years ending on or after December 31, 1985 | 34 |
| and prior to
December 31, 1988, the credit shall be allowed |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| for the tax year in which
the eligible employees are hired. | 2 |
| For tax years ending on or after
December 31, 1988, the | 3 |
| credit shall be allowed for the tax year immediately
| 4 |
| following the tax year in which the eligible employees are | 5 |
| hired. If the
amount of the credit exceeds the tax | 6 |
| liability for that year, whether it
exceeds the original | 7 |
| liability or the liability as later amended, such
excess | 8 |
| may be carried forward and applied to the tax liability of | 9 |
| the 5
taxable years following the excess credit year. The | 10 |
| credit shall be
applied to the earliest year for which | 11 |
| there is a liability. If there is
credit from more than one | 12 |
| tax year that is available to offset a liability,
earlier | 13 |
| credit shall be applied first.
| 14 |
| (5) The Department of Revenue shall promulgate such | 15 |
| rules and regulations
as may be deemed necessary to carry | 16 |
| out the purposes of this subsection (g).
| 17 |
| (6) The credit shall be available for eligible | 18 |
| employees hired on or
after January 1, 1986.
| 19 |
| (h) Investment credit; High Impact Business.
| 20 |
| (1) Subject to subsections (b) and (b-5) of Section
5.5 | 21 |
| of the Illinois Enterprise Zone Act, a taxpayer shall be | 22 |
| allowed a credit
against the tax imposed by subsections (a) | 23 |
| and (b) of this Section for
investment in qualified
| 24 |
| property which is placed in service by a Department of | 25 |
| Commerce and Economic Opportunity
designated High Impact | 26 |
| Business. The credit shall be .5% of the basis
for such | 27 |
| property. The credit shall not be available (i) until the | 28 |
| minimum
investments in qualified property set forth in | 29 |
| subdivision (a)(3)(A) of
Section 5.5 of the Illinois
| 30 |
| Enterprise Zone Act have been satisfied
or (ii) until the | 31 |
| time authorized in subsection (b-5) of the Illinois
| 32 |
| Enterprise Zone Act for entities designated as High Impact | 33 |
| Businesses under
subdivisions (a)(3)(B), (a)(3)(C), and | 34 |
| (a)(3)(D) of Section 5.5 of the Illinois
Enterprise Zone |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| Act, and shall not be allowed to the extent that it would
| 2 |
| reduce a taxpayer's liability for the tax imposed by | 3 |
| subsections (a) and (b) of
this Section to below zero. The | 4 |
| credit applicable to such investments shall be
taken in the | 5 |
| taxable year in which such investments have been completed. | 6 |
| The
credit for additional investments beyond the minimum | 7 |
| investment by a designated
high impact business authorized | 8 |
| under subdivision (a)(3)(A) of Section 5.5 of
the Illinois | 9 |
| Enterprise Zone Act shall be available only in the taxable | 10 |
| year in
which the property is placed in service and shall | 11 |
| not be allowed to the extent
that it would reduce a | 12 |
| taxpayer's liability for the tax imposed by subsections
(a) | 13 |
| and (b) of this Section to below zero.
For tax years ending | 14 |
| on or after December 31, 1987, the credit shall be
allowed | 15 |
| for the tax year in which the property is placed in | 16 |
| service, or, if
the amount of the credit exceeds the tax | 17 |
| liability for that year, whether
it exceeds the original | 18 |
| liability or the liability as later amended, such
excess | 19 |
| may be carried forward and applied to the tax liability of | 20 |
| the 5
taxable years following the excess credit year. The | 21 |
| credit shall be
applied to the earliest year for which | 22 |
| there is a liability. If there is
credit from more than one | 23 |
| tax year that is available to offset a liability,
the | 24 |
| credit accruing first in time shall be applied first.
| 25 |
| Changes made in this subdivision (h)(1) by Public Act | 26 |
| 88-670
restore changes made by Public Act 85-1182 and | 27 |
| reflect existing law.
| 28 |
| (2) The term qualified property means property which:
| 29 |
| (A) is tangible, whether new or used, including | 30 |
| buildings and
structural components of buildings;
| 31 |
| (B) is depreciable pursuant to Section 167 of the | 32 |
| Internal Revenue
Code, except that "3-year property" | 33 |
| as defined in Section 168(c)(2)(A) of
that Code is not | 34 |
| eligible for the credit provided by this subsection |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| (h);
| 2 |
| (C) is acquired by purchase as defined in Section | 3 |
| 179(d) of the
Internal Revenue Code; and
| 4 |
| (D) is not eligible for the Enterprise Zone | 5 |
| Investment Credit provided
by subsection (f) of this | 6 |
| Section.
| 7 |
| (3) The basis of qualified property shall be the basis | 8 |
| used to compute
the depreciation deduction for federal | 9 |
| income tax purposes.
| 10 |
| (4) If the basis of the property for federal income tax | 11 |
| depreciation
purposes is increased after it has been placed | 12 |
| in service in a federally
designated Foreign Trade Zone or | 13 |
| Sub-Zone located in Illinois by the taxpayer,
the amount of | 14 |
| such increase shall be deemed property placed in service on
| 15 |
| the date of such increase in basis.
| 16 |
| (5) The term "placed in service" shall have the same | 17 |
| meaning as under
Section 46 of the Internal Revenue Code.
| 18 |
| (6) If during any taxable year ending on or before | 19 |
| December 31, 1996,
any property ceases to be qualified
| 20 |
| property in the hands of the taxpayer within 48 months | 21 |
| after being placed
in service, or the situs of any | 22 |
| qualified property is moved outside
Illinois within 48 | 23 |
| months after being placed in service, the tax imposed
under | 24 |
| subsections (a) and (b) of this Section for such taxable | 25 |
| year shall
be increased. Such increase shall be determined | 26 |
| by (i) recomputing the
investment credit which would have | 27 |
| been allowed for the year in which
credit for such property | 28 |
| was originally allowed by eliminating such
property from | 29 |
| such computation, and (ii) subtracting such recomputed | 30 |
| credit
from the amount of credit previously allowed. For | 31 |
| the purposes of this
paragraph (6), a reduction of the | 32 |
| basis of qualified property resulting
from a | 33 |
| redetermination of the purchase price shall be deemed a | 34 |
| disposition
of qualified property to the extent of such |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| reduction.
| 2 |
| (7) Beginning with tax years ending after December 31, | 3 |
| 1996, if a
taxpayer qualifies for the credit under this | 4 |
| subsection (h) and thereby is
granted a tax abatement and | 5 |
| the taxpayer relocates its entire facility in
violation of | 6 |
| the explicit terms and length of the contract under Section
| 7 |
| 18-183 of the Property Tax Code, the tax imposed under | 8 |
| subsections
(a) and (b) of this Section shall be increased | 9 |
| for the taxable year
in which the taxpayer relocated its | 10 |
| facility by an amount equal to the
amount of credit | 11 |
| received by the taxpayer under this subsection (h).
| 12 |
| (i) Credit for Personal Property Tax Replacement Income | 13 |
| Tax.
For tax years ending prior to December 31, 2003, a credit | 14 |
| shall be allowed
against the tax imposed by
subsections (a) and | 15 |
| (b) of this Section for the tax imposed by subsections (c)
and | 16 |
| (d) of this Section. This credit shall be computed by | 17 |
| multiplying the tax
imposed by subsections (c) and (d) of this | 18 |
| Section by a fraction, the numerator
of which is base income | 19 |
| allocable to Illinois and the denominator of which is
Illinois | 20 |
| base income, and further multiplying the product by the tax | 21 |
| rate
imposed by subsections (a) and (b) of this Section.
| 22 |
| Any credit earned on or after December 31, 1986 under
this | 23 |
| subsection which is unused in the year
the credit is computed | 24 |
| because it exceeds the tax liability imposed by
subsections (a) | 25 |
| and (b) for that year (whether it exceeds the original
| 26 |
| liability or the liability as later amended) may be carried | 27 |
| forward and
applied to the tax liability imposed by subsections | 28 |
| (a) and (b) of the 5
taxable years following the excess credit | 29 |
| year, provided that no credit may
be carried forward to any | 30 |
| year ending on or
after December 31, 2003. This credit shall be
| 31 |
| applied first to the earliest year for which there is a | 32 |
| liability. If
there is a credit under this subsection from more | 33 |
| than one tax year that is
available to offset a liability the | 34 |
| earliest credit arising under this
subsection shall be applied |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| first.
| 2 |
| If, during any taxable year ending on or after December 31, | 3 |
| 1986, the
tax imposed by subsections (c) and (d) of this | 4 |
| Section for which a taxpayer
has claimed a credit under this | 5 |
| subsection (i) is reduced, the amount of
credit for such tax | 6 |
| shall also be reduced. Such reduction shall be
determined by | 7 |
| recomputing the credit to take into account the reduced tax
| 8 |
| imposed by subsections (c) and (d). If any portion of the
| 9 |
| reduced amount of credit has been carried to a different | 10 |
| taxable year, an
amended return shall be filed for such taxable | 11 |
| year to reduce the amount of
credit claimed.
| 12 |
| (j) Training expense credit. Beginning with tax years | 13 |
| ending on or
after December 31, 1986 and prior to December 31, | 14 |
| 2003, a taxpayer shall be
allowed a credit against the
tax | 15 |
| imposed by subsections (a) and (b) under this Section
for all | 16 |
| amounts paid or accrued, on behalf of all persons
employed by | 17 |
| the taxpayer in Illinois or Illinois residents employed
outside | 18 |
| of Illinois by a taxpayer, for educational or vocational | 19 |
| training in
semi-technical or technical fields or semi-skilled | 20 |
| or skilled fields, which
were deducted from gross income in the | 21 |
| computation of taxable income. The
credit against the tax | 22 |
| imposed by subsections (a) and (b) shall be 1.6% of
such | 23 |
| training expenses. For partners, shareholders of subchapter S
| 24 |
| corporations, and owners of limited liability companies, if the | 25 |
| liability
company is treated as a partnership for purposes of | 26 |
| federal and State income
taxation, there shall be allowed a | 27 |
| credit under this subsection (j) to be
determined in accordance | 28 |
| with the determination of income and distributive
share of | 29 |
| income under Sections 702 and 704 and subchapter S of the | 30 |
| Internal
Revenue Code.
| 31 |
| Any credit allowed under this subsection which is unused in | 32 |
| the year
the credit is earned may be carried forward to each of | 33 |
| the 5 taxable
years following the year for which the credit is | 34 |
| first computed until it is
used. This credit shall be applied |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| first to the earliest year for which
there is a liability. If | 2 |
| there is a credit under this subsection from more
than one tax | 3 |
| year that is available to offset a liability the earliest
| 4 |
| credit arising under this subsection shall be applied first. No | 5 |
| carryforward
credit may be claimed in any tax year ending on or | 6 |
| after
December 31, 2003.
| 7 |
| (k) Research and development credit.
| 8 |
| For tax years ending after July 1, 1990 and prior to
| 9 |
| December 31, 2003, and beginning again for tax years ending on | 10 |
| or after December 31, 2004, a taxpayer shall be
allowed a | 11 |
| credit against the tax imposed by subsections (a) and (b) of | 12 |
| this
Section for increasing research activities in this State. | 13 |
| The credit
allowed against the tax imposed by subsections (a) | 14 |
| and (b) shall be equal
to 6 1/2% of the qualifying expenditures | 15 |
| for increasing research activities
in this State. For partners, | 16 |
| shareholders of subchapter S corporations, and
owners of | 17 |
| limited liability companies, if the liability company is | 18 |
| treated as a
partnership for purposes of federal and State | 19 |
| income taxation, there shall be
allowed a credit under this | 20 |
| subsection to be determined in accordance with the
| 21 |
| determination of income and distributive share of income under | 22 |
| Sections 702 and
704 and subchapter S of the Internal Revenue | 23 |
| Code.
| 24 |
| For purposes of this subsection, "qualifying expenditures" | 25 |
| means the
qualifying expenditures as defined for the federal | 26 |
| credit for increasing
research activities which would be | 27 |
| allowable under Section 41 of the
Internal Revenue Code and | 28 |
| which are conducted in this State, "qualifying
expenditures for | 29 |
| increasing research activities in this State" means the
excess | 30 |
| of qualifying expenditures for the taxable year in which | 31 |
| incurred
over qualifying expenditures for the base period, | 32 |
| "qualifying expenditures
for the base period" means the average | 33 |
| of the qualifying expenditures for
each year in the base | 34 |
| period, and "base period" means the 3 taxable years
immediately |
|
|
|
09400SB0750sam001 |
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|
| 1 |
| preceding the taxable year for which the determination is
being | 2 |
| made.
| 3 |
| Any credit in excess of the tax liability for the taxable | 4 |
| year
may be carried forward. A taxpayer may elect to have the
| 5 |
| unused credit shown on its final completed return carried over | 6 |
| as a credit
against the tax liability for the following 5 | 7 |
| taxable years or until it has
been fully used, whichever occurs | 8 |
| first; provided that no credit earned in a tax year ending | 9 |
| prior to December 31, 2003 may be carried forward to any year | 10 |
| ending on or after December 31, 2003.
| 11 |
| If an unused credit is carried forward to a given year from | 12 |
| 2 or more
earlier years, that credit arising in the earliest | 13 |
| year will be applied
first against the tax liability for the | 14 |
| given year. If a tax liability for
the given year still | 15 |
| remains, the credit from the next earliest year will
then be | 16 |
| applied, and so on, until all credits have been used or no tax
| 17 |
| liability for the given year remains. Any remaining unused | 18 |
| credit or
credits then will be carried forward to the next | 19 |
| following year in which a
tax liability is incurred, except | 20 |
| that no credit can be carried forward to
a year which is more | 21 |
| than 5 years after the year in which the expense for
which the | 22 |
| credit is given was incurred.
| 23 |
| No inference shall be drawn from this amendatory Act of the | 24 |
| 91st General
Assembly in construing this Section for taxable | 25 |
| years beginning before January
1, 1999.
| 26 |
| (l) Environmental Remediation Tax Credit.
| 27 |
| (i) For tax years ending after December 31, 1997 and on | 28 |
| or before
December 31, 2001, a taxpayer shall be allowed a | 29 |
| credit against the tax
imposed by subsections (a) and (b) | 30 |
| of this Section for certain amounts paid
for unreimbursed | 31 |
| eligible remediation costs, as specified in this | 32 |
| subsection.
For purposes of this Section, "unreimbursed | 33 |
| eligible remediation costs" means
costs approved by the | 34 |
| Illinois Environmental Protection Agency ("Agency") under
|
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| Section 58.14 of the Environmental Protection Act that were | 2 |
| paid in performing
environmental remediation at a site for | 3 |
| which a No Further Remediation Letter
was issued by the | 4 |
| Agency and recorded under Section 58.10 of the | 5 |
| Environmental
Protection Act. The credit must be claimed | 6 |
| for the taxable year in which
Agency approval of the | 7 |
| eligible remediation costs is granted. The credit is
not | 8 |
| available to any taxpayer if the taxpayer or any related | 9 |
| party caused or
contributed to, in any material respect, a | 10 |
| release of regulated substances on,
in, or under the site | 11 |
| that was identified and addressed by the remedial
action | 12 |
| pursuant to the Site Remediation Program of the | 13 |
| Environmental Protection
Act. After the Pollution Control | 14 |
| Board rules are adopted pursuant to the
Illinois | 15 |
| Administrative Procedure Act for the administration and | 16 |
| enforcement of
Section 58.9 of the Environmental | 17 |
| Protection Act, determinations as to credit
availability | 18 |
| for purposes of this Section shall be made consistent with | 19 |
| those
rules. For purposes of this Section, "taxpayer" | 20 |
| includes a person whose tax
attributes the taxpayer has | 21 |
| succeeded to under Section 381 of the Internal
Revenue Code | 22 |
| and "related party" includes the persons disallowed a | 23 |
| deduction
for losses by paragraphs (b), (c), and (f)(1) of | 24 |
| Section 267 of the Internal
Revenue Code by virtue of being | 25 |
| a related taxpayer, as well as any of its
partners. The | 26 |
| credit allowed against the tax imposed by subsections (a) | 27 |
| and
(b) shall be equal to 25% of the unreimbursed eligible | 28 |
| remediation costs in
excess of $100,000 per site, except | 29 |
| that the $100,000 threshold shall not apply
to any site | 30 |
| contained in an enterprise zone as determined by the | 31 |
| Department of
Commerce and Community Affairs (now | 32 |
| Department of Commerce and Economic Opportunity). The | 33 |
| total credit allowed shall not exceed
$40,000 per year with | 34 |
| a maximum total of $150,000 per site. For partners and
|
|
|
|
09400SB0750sam001 |
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|
| 1 |
| shareholders of subchapter S corporations, there shall be | 2 |
| allowed a credit
under this subsection to be determined in | 3 |
| accordance with the determination of
income and | 4 |
| distributive share of income under Sections 702 and 704 and
| 5 |
| subchapter S of the Internal Revenue Code.
| 6 |
| (ii) A credit allowed under this subsection that is | 7 |
| unused in the year
the credit is earned may be carried | 8 |
| forward to each of the 5 taxable years
following the year | 9 |
| for which the credit is first earned until it is used.
The | 10 |
| term "unused credit" does not include any amounts of | 11 |
| unreimbursed eligible
remediation costs in excess of the | 12 |
| maximum credit per site authorized under
paragraph (i). | 13 |
| This credit shall be applied first to the earliest year
for | 14 |
| which there is a liability. If there is a credit under this | 15 |
| subsection
from more than one tax year that is available to | 16 |
| offset a liability, the
earliest credit arising under this | 17 |
| subsection shall be applied first. A
credit allowed under | 18 |
| this subsection may be sold to a buyer as part of a sale
of | 19 |
| all or part of the remediation site for which the credit | 20 |
| was granted. The
purchaser of a remediation site and the | 21 |
| tax credit shall succeed to the unused
credit and remaining | 22 |
| carry-forward period of the seller. To perfect the
| 23 |
| transfer, the assignor shall record the transfer in the | 24 |
| chain of title for the
site and provide written notice to | 25 |
| the Director of the Illinois Department of
Revenue of the | 26 |
| assignor's intent to sell the remediation site and the | 27 |
| amount of
the tax credit to be transferred as a portion of | 28 |
| the sale. In no event may a
credit be transferred to any | 29 |
| taxpayer if the taxpayer or a related party would
not be | 30 |
| eligible under the provisions of subsection (i).
| 31 |
| (iii) For purposes of this Section, the term "site" | 32 |
| shall have the same
meaning as under Section 58.2 of the | 33 |
| Environmental Protection Act.
| 34 |
| (m) Education expense credit. Beginning with tax years |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| ending after
December 31, 1999, a taxpayer who
is the custodian | 2 |
| of one or more qualifying pupils shall be allowed a credit
| 3 |
| against the tax imposed by subsections (a) and (b) of this | 4 |
| Section for
qualified education expenses incurred on behalf of | 5 |
| the qualifying pupils.
The credit shall be equal to 25% of | 6 |
| qualified education expenses, but in no
event may the total | 7 |
| credit under this subsection claimed by a
family that is the
| 8 |
| custodian of qualifying pupils exceed $500. In no event shall a | 9 |
| credit under
this subsection reduce the taxpayer's liability | 10 |
| under this Act to less than
zero. This subsection is exempt | 11 |
| from the provisions of Section 250 of this
Act.
| 12 |
| For purposes of this subsection:
| 13 |
| "Qualifying pupils" means individuals who (i) are | 14 |
| residents of the State of
Illinois, (ii) are under the age of | 15 |
| 21 at the close of the school year for
which a credit is | 16 |
| sought, and (iii) during the school year for which a credit
is | 17 |
| sought were full-time pupils enrolled in a kindergarten through | 18 |
| twelfth
grade education program at any school, as defined in | 19 |
| this subsection.
| 20 |
| "Qualified education expense" means the amount incurred
on | 21 |
| behalf of a qualifying pupil in excess of $250 for tuition, | 22 |
| book fees, and
lab fees at the school in which the pupil is | 23 |
| enrolled during the regular school
year.
| 24 |
| "School" means any public or nonpublic elementary or | 25 |
| secondary school in
Illinois that is in compliance with Title | 26 |
| VI of the Civil Rights Act of 1964
and attendance at which | 27 |
| satisfies the requirements of Section 26-1 of the
School Code, | 28 |
| except that nothing shall be construed to require a child to
| 29 |
| attend any particular public or nonpublic school to qualify for | 30 |
| the credit
under this Section.
| 31 |
| "Custodian" means, with respect to qualifying pupils, an | 32 |
| Illinois resident
who is a parent, the parents, a legal | 33 |
| guardian, or the legal guardians of the
qualifying pupils.
| 34 |
| (Source: P.A. 92-12, eff. 7-1-01; 92-16, eff. 6-28-01; 92-651, |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| eff. 7-11-02; 93-840, eff. 7-30-04; 92-846, eff. 8-23-02; | 2 |
| 93-29, eff. 6-20-03; 93-840, eff. 7-30-04; 93-871, eff. 8-6-04; | 3 |
| revised 10-25-04.)
| 4 |
| (35 ILCS 5/901) (from Ch. 120, par. 9-901)
| 5 |
| Sec. 901. Collection Authority.
| 6 |
| (a) In general.
| 7 |
| The Department shall collect the taxes imposed by this Act. | 8 |
| The Department
shall collect certified past due child support | 9 |
| amounts under Section 2505-650
of the Department of Revenue Law | 10 |
| (20 ILCS 2505/2505-650). Except as
provided in subsections (c) | 11 |
| and (e) of this Section, money collected
pursuant to | 12 |
| subsections (a) and (b) of Section 201 of this Act shall be
| 13 |
| paid into the General Revenue Fund in the State treasury; money
| 14 |
| collected pursuant to subsections (c) and (d) of Section 201 of | 15 |
| this Act
shall be paid into the Personal Property Tax | 16 |
| Replacement Fund, a special
fund in the State Treasury; and | 17 |
| money collected under Section 2505-650 of the
Department of | 18 |
| Revenue Law (20 ILCS 2505/2505-650) shall be paid
into the
| 19 |
| Child Support Enforcement Trust Fund, a special fund outside | 20 |
| the State
Treasury, or
to the State
Disbursement Unit | 21 |
| established under Section 10-26 of the Illinois Public Aid
| 22 |
| Code, as directed by the Department of Public
Aid.
| 23 |
| (b) Local Governmental Distributive Fund.
| 24 |
| Beginning August 1, 1969, and continuing through June 30, | 25 |
| 1994, the Treasurer
shall transfer each month from the General | 26 |
| Revenue Fund to a special fund in
the State treasury, to be | 27 |
| known as the "Local Government Distributive Fund", an
amount | 28 |
| equal to 1/12 of the net revenue realized from the tax imposed | 29 |
| by
subsections (a) and (b) of Section 201 of this Act during | 30 |
| the preceding month.
Beginning July 1, 1994, and continuing | 31 |
| through June 30, 1995, the Treasurer
shall transfer each month | 32 |
| from the General Revenue Fund to the Local Government
| 33 |
| Distributive Fund an amount equal to 1/11 of the net revenue |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| realized from the
tax imposed by subsections (a) and (b) of | 2 |
| Section 201 of this Act during the
preceding month. Beginning | 3 |
| July 1, 1995, the Treasurer shall transfer each
month from the | 4 |
| General Revenue Fund to the Local Government Distributive Fund
| 5 |
| an amount equal to the net of (i) 1/10 of the net revenue | 6 |
| realized from the
tax imposed by
subsections (a) and (b) of | 7 |
| Section 201 of the Illinois Income Tax Act during
the preceding | 8 |
| month , except that the net revenue attributable to the increase | 9 |
| in the income tax imposed by subsections (a) and (b) of Section | 10 |
| 201 of this Act in accordance with this amendatory Act of the | 11 |
| 94th General Assembly shall not be used to calculate the amount | 12 |
| transferred to the Local Governmental Distributive Fund
(ii) | 13 |
| minus, beginning July 1, 2003 and ending June 30, 2004, | 14 |
| $6,666,666, and
beginning July 1,
2004,
zero. Net revenue | 15 |
| realized for a month shall be defined as the
revenue from the | 16 |
| tax imposed by subsections (a) and (b) of Section 201 of this
| 17 |
| Act which is deposited in the General Revenue Fund, the | 18 |
| Educational Assistance
Fund and the Income Tax Surcharge Local | 19 |
| Government Distributive Fund during the
month minus the amount | 20 |
| paid out of the General Revenue Fund in State warrants
during | 21 |
| that same month as refunds to taxpayers for overpayment of | 22 |
| liability
under the tax imposed by subsections (a) and (b) of | 23 |
| Section 201 of this Act.
| 24 |
| (c) Deposits Into Income Tax Refund Fund.
| 25 |
| (1) Beginning on January 1, 1989 and thereafter, the | 26 |
| Department shall
deposit a percentage of the amounts | 27 |
| collected pursuant to subsections (a)
and (b)(1), (2), and | 28 |
| (3), of Section 201 of this Act into a fund in the State
| 29 |
| treasury known as the Income Tax Refund Fund. The | 30 |
| Department shall deposit 6%
of such amounts during the | 31 |
| period beginning January 1, 1989 and ending on June
30, | 32 |
| 1989. Beginning with State fiscal year 1990 and for each | 33 |
| fiscal year
thereafter, the percentage deposited into the | 34 |
| Income Tax Refund Fund during a
fiscal year shall be the |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| Annual Percentage. For fiscal years 1999 through
2001, the | 2 |
| Annual Percentage shall be 7.1%.
For fiscal year 2003, the | 3 |
| Annual Percentage shall be 8%.
For fiscal year 2004, the | 4 |
| Annual Percentage shall be 11.7%. Upon the effective date | 5 |
| of this amendatory Act of the 93rd General Assembly, the | 6 |
| Annual Percentage shall be 10% for fiscal year 2005. For | 7 |
| all other
fiscal years, the
Annual Percentage shall be | 8 |
| calculated as a fraction, the numerator of which
shall be | 9 |
| the amount of refunds approved for payment by the | 10 |
| Department during
the preceding fiscal year as a result of | 11 |
| overpayment of tax liability under
subsections (a) and | 12 |
| (b)(1), (2), and (3) of Section 201 of this Act plus the
| 13 |
| amount of such refunds remaining approved but unpaid at the | 14 |
| end of the
preceding fiscal year, minus the amounts | 15 |
| transferred into the Income Tax
Refund Fund from the | 16 |
| Tobacco Settlement Recovery Fund, and
the denominator of | 17 |
| which shall be the amounts which will be collected pursuant
| 18 |
| to subsections (a) and (b)(1), (2), and (3) of Section 201 | 19 |
| of this Act during
the preceding fiscal year; except that | 20 |
| in State fiscal year 2002, the Annual
Percentage shall in | 21 |
| no event exceed 7.6%. The Director of Revenue shall
certify | 22 |
| the Annual Percentage to the Comptroller on the last | 23 |
| business day of
the fiscal year immediately preceding the | 24 |
| fiscal year for which it is to be
effective.
| 25 |
| (2) Beginning on January 1, 1989 and thereafter, the | 26 |
| Department shall
deposit a percentage of the amounts | 27 |
| collected pursuant to subsections (a)
and (b)(6), (7), and | 28 |
| (8), (c) and (d) of Section 201
of this Act into a fund in | 29 |
| the State treasury known as the Income Tax
Refund Fund. The | 30 |
| Department shall deposit 18% of such amounts during the
| 31 |
| period beginning January 1, 1989 and ending on June 30, | 32 |
| 1989. Beginning
with State fiscal year 1990 and for each | 33 |
| fiscal year thereafter, the
percentage deposited into the | 34 |
| Income Tax Refund Fund during a fiscal year
shall be the |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| Annual Percentage. For fiscal years 1999, 2000, and 2001, | 2 |
| the
Annual Percentage shall be 19%.
For fiscal year 2003, | 3 |
| the Annual Percentage shall be 27%. For fiscal year
2004, | 4 |
| the Annual Percentage shall be 32%.
Upon the effective date | 5 |
| of this amendatory Act of the 93rd General Assembly, the | 6 |
| Annual Percentage shall be 24% for fiscal year 2005.
For | 7 |
| all other fiscal years, the Annual
Percentage shall be | 8 |
| calculated
as a fraction, the numerator of which shall be | 9 |
| the amount of refunds
approved for payment by the | 10 |
| Department during the preceding fiscal year as
a result of | 11 |
| overpayment of tax liability under subsections (a) and | 12 |
| (b)(6),
(7), and (8), (c) and (d) of Section 201 of this | 13 |
| Act plus the
amount of such refunds remaining approved but | 14 |
| unpaid at the end of the
preceding fiscal year, and the | 15 |
| denominator of
which shall be the amounts which will be | 16 |
| collected pursuant to subsections (a)
and (b)(6), (7), and | 17 |
| (8), (c) and (d) of Section 201 of this Act during the
| 18 |
| preceding fiscal year; except that in State fiscal year | 19 |
| 2002, the Annual
Percentage shall in no event exceed 23%. | 20 |
| The Director of Revenue shall
certify the Annual Percentage | 21 |
| to the Comptroller on the last business day of
the fiscal | 22 |
| year immediately preceding the fiscal year for which it is | 23 |
| to be
effective.
| 24 |
| (3) The Comptroller shall order transferred and the | 25 |
| Treasurer shall
transfer from the Tobacco Settlement | 26 |
| Recovery Fund to the Income Tax Refund
Fund (i) $35,000,000 | 27 |
| in January, 2001, (ii) $35,000,000 in January, 2002, and
| 28 |
| (iii) $35,000,000 in January, 2003.
| 29 |
| (d) Expenditures from Income Tax Refund Fund.
| 30 |
| (1) Beginning January 1, 1989, money in the Income Tax | 31 |
| Refund Fund
shall be expended exclusively for the purpose | 32 |
| of paying refunds resulting
from overpayment of tax | 33 |
| liability under Section 201 of this Act, for paying
rebates | 34 |
| under Section 208.1 in the event that the amounts in the |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| Homeowners'
Tax Relief Fund are insufficient for that | 2 |
| purpose,
and for
making transfers pursuant to this | 3 |
| subsection (d).
| 4 |
| (2) The Director shall order payment of refunds | 5 |
| resulting from
overpayment of tax liability under Section | 6 |
| 201 of this Act from the
Income Tax Refund Fund only to the | 7 |
| extent that amounts collected pursuant
to Section 201 of | 8 |
| this Act and transfers pursuant to this subsection (d)
and | 9 |
| item (3) of subsection (c) have been deposited and retained | 10 |
| in the
Fund.
| 11 |
| (3) As soon as possible after the end of each fiscal | 12 |
| year, the Director
shall
order transferred and the State | 13 |
| Treasurer and State Comptroller shall
transfer from the | 14 |
| Income Tax Refund Fund to the Personal Property Tax
| 15 |
| Replacement Fund an amount, certified by the Director to | 16 |
| the Comptroller,
equal to the excess of the amount | 17 |
| collected pursuant to subsections (c) and
(d) of Section | 18 |
| 201 of this Act deposited into the Income Tax Refund Fund
| 19 |
| during the fiscal year over the amount of refunds resulting | 20 |
| from
overpayment of tax liability under subsections (c) and | 21 |
| (d) of Section 201
of this Act paid from the Income Tax | 22 |
| Refund Fund during the fiscal year.
| 23 |
| (4) As soon as possible after the end of each fiscal | 24 |
| year, the Director shall
order transferred and the State | 25 |
| Treasurer and State Comptroller shall
transfer from the | 26 |
| Personal Property Tax Replacement Fund to the Income Tax
| 27 |
| Refund Fund an amount, certified by the Director to the | 28 |
| Comptroller, equal
to the excess of the amount of refunds | 29 |
| resulting from overpayment of tax
liability under | 30 |
| subsections (c) and (d) of Section 201 of this Act paid
| 31 |
| from the Income Tax Refund Fund during the fiscal year over | 32 |
| the amount
collected pursuant to subsections (c) and (d) of | 33 |
| Section 201 of this Act
deposited into the Income Tax | 34 |
| Refund Fund during the fiscal year.
|
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| (4.5) As soon as possible after the end of fiscal year | 2 |
| 1999 and of each
fiscal year
thereafter, the Director shall | 3 |
| order transferred and the State Treasurer and
State | 4 |
| Comptroller shall transfer from the Income Tax Refund Fund | 5 |
| to the General
Revenue Fund any surplus remaining in the | 6 |
| Income Tax Refund Fund as of the end
of such fiscal year; | 7 |
| excluding for fiscal years 2000, 2001, and 2002
amounts | 8 |
| attributable to transfers under item (3) of subsection (c) | 9 |
| less refunds
resulting from the earned income tax credit.
| 10 |
| (5) This Act shall constitute an irrevocable and | 11 |
| continuing
appropriation from the Income Tax Refund Fund | 12 |
| for the purpose of paying
refunds upon the order of the | 13 |
| Director in accordance with the provisions of
this Section.
| 14 |
| (e) Deposits into the Education Assistance Fund and the | 15 |
| Income Tax
Surcharge Local Government Distributive Fund.
| 16 |
| On July 1, 2005 and thereafter, of the amounts collected | 17 |
| pursuant to subsections (a) and (b) of Section 201 of this Act, | 18 |
| minus deposits into the Income Tax Refund Fund, the Department | 19 |
| shall deposit into the Education Assistance Fund in the State | 20 |
| treasury: (i) an amount equal to 7.3% of the amount | 21 |
| attributable to the rates in effect prior to the effective date | 22 |
| of this amendatory Act of the 94th General Assembly, plus (ii) | 23 |
| 100% of the amount attributable to the increase in the amounts | 24 |
| collected pursuant to subsections (a) and (b) of Section 201 of | 25 |
| this Act under this amendatory Act of the 94th General | 26 |
| Assembly. On July 1, 1991, and through June 30, 2005
| 27 |
| thereafter , of the amounts collected pursuant to
subsections | 28 |
| (a) and (b) of Section 201 of this Act, minus deposits into the
| 29 |
| Income Tax Refund Fund, the Department shall deposit 7.3% into | 30 |
| the
Education Assistance Fund in the State Treasury. Beginning | 31 |
| July 1, 1991,
and continuing through January 31, 1993, of the | 32 |
| amounts collected pursuant to
subsections (a) and (b) of | 33 |
| Section 201 of the Illinois Income Tax Act, minus
deposits into | 34 |
| the Income Tax Refund Fund, the Department shall deposit 3.0%
|
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| into the Income Tax Surcharge Local Government Distributive | 2 |
| Fund in the State
Treasury. Beginning February 1, 1993 and | 3 |
| continuing through June 30, 1993, of
the amounts collected | 4 |
| pursuant to subsections (a) and (b) of Section 201 of the
| 5 |
| Illinois Income Tax Act, minus deposits into the Income Tax | 6 |
| Refund Fund, the
Department shall deposit 4.4% into the Income | 7 |
| Tax Surcharge Local Government
Distributive Fund in the State | 8 |
| Treasury. Beginning July 1, 1993, and
continuing through June | 9 |
| 30, 1994, of the amounts collected under subsections
(a) and | 10 |
| (b) of Section 201 of this Act, minus deposits into the Income | 11 |
| Tax
Refund Fund, the Department shall deposit 1.475% into the | 12 |
| Income Tax Surcharge
Local Government Distributive Fund in the | 13 |
| State Treasury.
| 14 |
| (Source: P.A. 92-11, eff. 6-11-01; 92-16, eff. 6-28-01; 92-600, | 15 |
| eff. 6-28-02; 93-32, eff. 6-20-03; 93-839, eff. 7-30-04.)
| 16 |
| Section 15. The Property Tax Code is amended by changing | 17 |
| Sections 18-255, 20-15, and 21-30 and by adding Section 18-178 | 18 |
| as follows: | 19 |
| (35 ILCS 200/18-178 new) | 20 |
| Sec. 18-178. Education tax abatement. Beginning with taxes | 21 |
| levied for 2005 (payable in 2006), the county clerk must | 22 |
| determine the final extension for educational purposes for all | 23 |
| taxable property in a school district located in the county or | 24 |
| for the taxable property of that part of a school district | 25 |
| located in the county, taking into account the maximum rate, | 26 |
| levy, and extension authorized under the Property Tax Extension | 27 |
| Limitation Law, the Truth in Taxation Law, and any other | 28 |
| statute. The county clerk must then abate the extension for | 29 |
| educational purposes for each school district or part of a | 30 |
| school district in the county by the amount of the property tax | 31 |
| relief grant certified to the county clerk for that school | 32 |
| district or part of a school district by the Department of |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| Revenue under Section 6z-68 of the State Finance Act. When the | 2 |
| final extension for educational purposes has been determined | 3 |
| and abated, the county clerk must notify the Department of | 4 |
| Revenue.
The county clerk must determine the prorated portion | 5 |
| of the certified property tax relief grants allocable to each | 6 |
| taxpayer in a given school district based on the tax rate for | 7 |
| educational purposes for that school district and the aggregate | 8 |
| relief granted to that school district. The extension amount | 9 |
| for educational purposes, as originally calculated before | 10 |
| abatement, is the official, final extension for educational | 11 |
| purposes and must be used for all other purposes, including | 12 |
| determining the maximum rate, levy, and extension authorized | 13 |
| under the Property Tax Extension Limitation Law, the Truth in | 14 |
| Taxation Law, and any other statute and the maximum amount of | 15 |
| tax anticipation warrants under Sections 17-16 and 34-23 of the | 16 |
| School Code.
| 17 |
| (35 ILCS 200/18-255)
| 18 |
| Sec. 18-255. Abstract of assessments and extensions. When | 19 |
| the collector's
books are completed, the county clerk shall | 20 |
| make a complete statement of the
assessment and extensions, in | 21 |
| conformity to the instructions of the Department.
The clerk | 22 |
| shall certify the statement to the Department. Beginning with | 23 |
| the 2005 levy year, the Department shall require the statement | 24 |
| to include a separate listing of the amount of any extension | 25 |
| that is abated under Section 18-178 of this Act.
| 26 |
| (Source: Laws 1943, vol. 1, p. 1136; P.A. 88-455.)
| 27 |
| (35 ILCS 200/20-15)
| 28 |
| Sec. 20-15. Information on bill or separate statement. The | 29 |
| amount of tax due and rates shown on the tax bill pursuant to | 30 |
| this Section shall be net of any abatement under Section | 31 |
| 18-178. There shall be
printed on each bill, or on a separate | 32 |
| slip which shall be mailed with the
bill:
|
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| (a) a statement itemizing the rate at which taxes have | 2 |
| been extended for
each of the taxing districts in the | 3 |
| county in whose district the property is
located, and in | 4 |
| those counties utilizing
electronic data processing | 5 |
| equipment the dollar amount of tax due from the
person | 6 |
| assessed allocable to each of those taxing districts, | 7 |
| including a
separate statement of the dollar amount of tax | 8 |
| due which is allocable to a tax
levied under the Illinois | 9 |
| Local Library Act or to any other tax levied by a
| 10 |
| municipality or township for public library purposes,
| 11 |
| (b) a separate statement for each of the taxing | 12 |
| districts of the dollar
amount of tax due which is | 13 |
| allocable to a tax levied under the Illinois Pension
Code | 14 |
| or to any other tax levied by a municipality or township | 15 |
| for public
pension or retirement purposes,
| 16 |
| (c) the total tax rate,
| 17 |
| (d) the total amount of tax due, and
| 18 |
| (e) the amount by which the total tax and the tax | 19 |
| allocable to each taxing
district differs from the | 20 |
| taxpayer's last prior tax bill , and | 21 |
| (f) the amount of tax abated under Section 18-178 | 22 |
| labeled "Portion of your Education Related Property Taxes | 23 |
| paid by the State of Illinois" .
| 24 |
| The county treasurer shall ensure that only those taxing | 25 |
| districts in
which a parcel of property is located shall be | 26 |
| listed on the bill for that
property.
| 27 |
| In all counties the statement shall also provide:
| 28 |
| (1) the property index number or other suitable | 29 |
| description,
| 30 |
| (2) the assessment of the property,
| 31 |
| (3) the equalization factors imposed by the county and | 32 |
| by the Department,
and
| 33 |
| (4) the equalized assessment resulting from the | 34 |
| application of the
equalization factors to the basic |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| assessment.
| 2 |
| In all counties which do not classify property for purposes | 3 |
| of taxation, for
property on which a single family residence is | 4 |
| situated the statement shall
also include a statement to | 5 |
| reflect the fair cash value determined for the
property. In all | 6 |
| counties which classify property for purposes of taxation in
| 7 |
| accordance with Section 4 of Article IX of the Illinois | 8 |
| Constitution, for
parcels of residential property in the lowest | 9 |
| assessment classification the
statement shall also include a | 10 |
| statement to reflect the fair cash value
determined for the | 11 |
| property.
| 12 |
| In all counties, the statement shall include information | 13 |
| that certain
taxpayers may be eligible for the Senior Citizens | 14 |
| and Disabled Persons Property
Tax Relief and Pharmaceutical | 15 |
| Assistance Act and that applications are
available from the | 16 |
| Illinois Department of Revenue.
| 17 |
| In counties which use the estimated or accelerated billing | 18 |
| methods, these
statements shall only be provided with the final | 19 |
| installment of taxes due , except that the statement under item | 20 |
| (f) shall be included with both installments in those counties | 21 |
| under estimated or accelerated billing methods, the first | 22 |
| billing showing the amount deducted from the first installment, | 23 |
| and the final billing showing the total tax abated for the levy | 24 |
| year under Section 18-178 . The
provisions of this Section | 25 |
| create a mandatory statutory duty. They are not
merely | 26 |
| directory or discretionary. The failure or neglect of the | 27 |
| collector to
mail the bill, or the failure of the taxpayer to | 28 |
| receive the bill, shall not
affect the validity of any tax, or | 29 |
| the liability for the payment of any tax.
| 30 |
| (Source: P.A. 91-699, eff. 1-1-01.)
| 31 |
| (35 ILCS 200/21-30)
| 32 |
| Sec. 21-30. Accelerated billing. Except as provided in this | 33 |
| Section, Section 9-260, and Section 21-40, in
counties with
|
|
|
|
09400SB0750sam001 |
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|
| 1 |
| 3,000,000 or more inhabitants, by January 31 annually, | 2 |
| estimated tax bills
setting out the first installment of | 3 |
| property taxes for the preceding year,
payable in that year, | 4 |
| shall be prepared and mailed. The first installment of
taxes on | 5 |
| the estimated tax bills shall be computed at 50% of the total | 6 |
| of each
tax bill before the abatement of taxes under Section | 7 |
| 18-178 for the preceding year , less an estimate of one-half of | 8 |
| the school district property tax relief grant for the current | 9 |
| year determined based on information available .
If, prior to | 10 |
| the preparation of the estimated tax bills, a certificate of
| 11 |
| error has been either approved by a court on or before November | 12 |
| 30 of the
preceding year or certified pursuant to Section 14-15 | 13 |
| on or before November 30
of the preceding year, then the first | 14 |
| installment of taxes on the estimated tax
bills shall be | 15 |
| computed at 50% of the total taxes before the abatement of | 16 |
| taxes under Section 18-178 for the preceding year as
corrected | 17 |
| by the certificate of error , less an estimate of one-half of | 18 |
| the school district property tax relief grant for the current | 19 |
| year determined based on information available .
By June 30 | 20 |
| annually, actual tax bills shall
be prepared and mailed. These | 21 |
| bills shall set out total taxes due and the
amount of estimated | 22 |
| taxes billed in the first installment, and shall state
the | 23 |
| balance of taxes due for that year as represented by the sum | 24 |
| derived
from subtracting the amount of the first installment | 25 |
| from the total taxes due
for that year.
| 26 |
| The county board may provide by ordinance, in counties with | 27 |
| 3,000,000 or more
inhabitants, for taxes to be paid in 4 | 28 |
| installments. For the levy year for
which the ordinance is | 29 |
| first effective and each subsequent year, estimated tax
bills | 30 |
| setting out the first, second, and third installment of taxes | 31 |
| for the
preceding year, payable in that year, shall be prepared | 32 |
| and mailed not later
than the date specified by ordinance. Each | 33 |
| installment on estimated tax bills
shall be computed at 25% of | 34 |
| the total of each tax bill for the preceding year.
By the date |
|
|
|
09400SB0750sam001 |
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|
| 1 |
| specified in the ordinance, actual tax bills shall be prepared | 2 |
| and
mailed. These bills shall set out total taxes due and the | 3 |
| amount of estimated
taxes billed in the first, second, and | 4 |
| third installments and shall state the
balance of taxes due for | 5 |
| that year as represented by the sum derived from
subtracting | 6 |
| the amount of the estimated installments from the total taxes | 7 |
| due
for that year.
| 8 |
| The county board of any county with less than 3,000,000 | 9 |
| inhabitants may, by
ordinance or resolution, adopt an | 10 |
| accelerated method of tax billing.
The county board may | 11 |
| subsequently rescind the ordinance or resolution and
revert to | 12 |
| the method otherwise provided for in this Code.
| 13 |
| Taxes levied on homestead property in which a member of the | 14 |
| National Guard or
reserves of the armed forces of the United | 15 |
| States who was called to active duty
on or after August 1, | 16 |
| 1990, and who has an ownership interest shall not be
deemed | 17 |
| delinquent and no interest shall accrue or be charged as a | 18 |
| penalty on
such taxes due and payable in 1991 or 1992 until one | 19 |
| year after that member
returns to civilian status.
| 20 |
| (Source: P.A. 92-475, eff. 8-23-01; 93-560, eff. 8-20-03.)
| 21 |
| Section 20. The School Code is amended by changing Sections | 22 |
| 18-8.05 and 18-19 and by adding Section 18-25 as follows:
| 23 |
| (105 ILCS 5/18-8.05)
| 24 |
| Sec. 18-8.05. Basis for apportionment of general State | 25 |
| financial aid and
supplemental general State aid to the common | 26 |
| schools for the 1998-1999 and
subsequent school years.
| 27 |
| (A) General Provisions.
| 28 |
| (1) The provisions of this Section apply to the 1998-1999 | 29 |
| and subsequent
school years. The system of general State | 30 |
| financial aid provided for in this
Section
is designed to | 31 |
| assure that, through a combination of State financial aid and
|
|
|
|
09400SB0750sam001 |
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|
| 1 |
| required local resources, the financial support provided each | 2 |
| pupil in Average
Daily Attendance equals or exceeds a
| 3 |
| prescribed per pupil Foundation Level. This formula approach | 4 |
| imputes a level
of per pupil Available Local Resources and | 5 |
| provides for the basis to calculate
a per pupil level of | 6 |
| general State financial aid that, when added to Available
Local | 7 |
| Resources, equals or exceeds the Foundation Level. The
amount | 8 |
| of per pupil general State financial aid for school districts, | 9 |
| in
general, varies in inverse
relation to Available Local | 10 |
| Resources. Per pupil amounts are based upon
each school | 11 |
| district's Average Daily Attendance as that term is defined in | 12 |
| this
Section.
| 13 |
| (2) In addition to general State financial aid, school | 14 |
| districts with
specified levels or concentrations of pupils | 15 |
| from low income households are
eligible to receive supplemental | 16 |
| general State financial aid grants as provided
pursuant to | 17 |
| subsection (H).
The supplemental State aid grants provided for | 18 |
| school districts under
subsection (H) shall be appropriated for | 19 |
| distribution to school districts as
part of the same line item | 20 |
| in which the general State financial aid of school
districts is | 21 |
| appropriated under this Section.
| 22 |
| (3) To receive financial assistance under this Section, | 23 |
| school districts
are required to file claims with the State | 24 |
| Board of Education, subject to the
following requirements:
| 25 |
| (a) Any school district which fails for any given | 26 |
| school year to maintain
school as required by law, or to | 27 |
| maintain a recognized school is not
eligible to file for | 28 |
| such school year any claim upon the Common School
Fund. In | 29 |
| case of nonrecognition of one or more attendance centers in | 30 |
| a
school district otherwise operating recognized schools, | 31 |
| the claim of the
district shall be reduced in the | 32 |
| proportion which the Average Daily
Attendance in the | 33 |
| attendance center or centers bear to the Average Daily
| 34 |
| Attendance in the school district. A "recognized school" |
|
|
|
09400SB0750sam001 |
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|
| 1 |
| means any
public school which meets the standards as | 2 |
| established for recognition
by the State Board of | 3 |
| Education. A school district or attendance center
not | 4 |
| having recognition status at the end of a school term is | 5 |
| entitled to
receive State aid payments due upon a legal | 6 |
| claim which was filed while
it was recognized.
| 7 |
| (b) School district claims filed under this Section are | 8 |
| subject to
Sections 18-9, 18-10, and 18-12, except as | 9 |
| otherwise provided in this
Section.
| 10 |
| (c) If a school district operates a full year school | 11 |
| under Section
10-19.1, the general State aid to the school | 12 |
| district shall be determined
by the State Board of | 13 |
| Education in accordance with this Section as near as
may be | 14 |
| applicable.
| 15 |
| (d) (Blank).
| 16 |
| (4) Except as provided in subsections (H) and (L), the | 17 |
| board of any district
receiving any of the grants provided for | 18 |
| in this Section may apply those funds
to any fund so received | 19 |
| for which that board is authorized to make expenditures
by law.
| 20 |
| School districts are not required to exert a minimum | 21 |
| Operating Tax Rate in
order to qualify for assistance under | 22 |
| this Section.
| 23 |
| (5) As used in this Section the following terms, when | 24 |
| capitalized, shall
have the meaning ascribed herein:
| 25 |
| (a) "Average Daily Attendance": A count of pupil | 26 |
| attendance in school,
averaged as provided for in | 27 |
| subsection (C) and utilized in deriving per pupil
financial | 28 |
| support levels.
| 29 |
| (b) "Available Local Resources": A computation of | 30 |
| local financial
support, calculated on the basis of Average | 31 |
| Daily Attendance and derived as
provided pursuant to | 32 |
| subsection (D).
| 33 |
| (c) "Corporate Personal Property Replacement Taxes": | 34 |
| Funds paid to local
school districts pursuant to "An Act in |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| relation to the abolition of ad valorem
personal property | 2 |
| tax and the replacement of revenues lost thereby, and
| 3 |
| amending and repealing certain Acts and parts of Acts in | 4 |
| connection therewith",
certified August 14, 1979, as | 5 |
| amended (Public Act 81-1st S.S.-1).
| 6 |
| (d) "Foundation Level": A prescribed level of per pupil | 7 |
| financial support
as provided for in subsection (B).
| 8 |
| (e) "Operating Tax Rate": All school district property | 9 |
| taxes extended for
all purposes, except Bond and
Interest, | 10 |
| Summer School, Rent, Capital Improvement, and Vocational | 11 |
| Education
Building purposes.
| 12 |
| (B) Foundation Level.
| 13 |
| (1) The Foundation Level is a figure established by the | 14 |
| State representing
the minimum level of per pupil financial | 15 |
| support that should be available to
provide for the basic | 16 |
| education of each pupil in
Average Daily Attendance. As set | 17 |
| forth in this Section, each school district
is assumed to exert
| 18 |
| a sufficient local taxing effort such that, in combination with | 19 |
| the aggregate
of general State
financial aid provided the | 20 |
| district, an aggregate of State and local resources
are | 21 |
| available to meet
the basic education needs of pupils in the | 22 |
| district.
| 23 |
| (2) For the 1998-1999 school year, the Foundation Level of | 24 |
| support is
$4,225. For the 1999-2000 school year, the | 25 |
| Foundation Level of support is
$4,325. For the 2000-2001 school | 26 |
| year, the Foundation Level of support is
$4,425. For the | 27 |
| 2001-2002 school year and 2002-2003 school year, the
Foundation | 28 |
| Level of support is $4,560. For the 2003-2004 school year, the | 29 |
| Foundation Level of support is $4,810. For the 2004-2005 school | 30 |
| year, the Foundation Level of support is $4,964.
| 31 |
| (3) For the 2005-2006
2004-2005 school year and each school | 32 |
| year thereafter,
the Foundation Level of support is $5,964
| 33 |
| $4,964 $5,060 or such greater amount as
may be established by |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| law by the General Assembly.
| 2 |
| (C) Average Daily Attendance.
| 3 |
| (1) For purposes of calculating general State aid pursuant | 4 |
| to subsection
(E), an Average Daily Attendance figure shall be | 5 |
| utilized. The Average Daily
Attendance figure for formula
| 6 |
| calculation purposes shall be the monthly average of the actual | 7 |
| number of
pupils in attendance of
each school district, as | 8 |
| further averaged for the best 3 months of pupil
attendance for | 9 |
| each
school district. In compiling the figures for the number | 10 |
| of pupils in
attendance, school districts
and the State Board | 11 |
| of Education shall, for purposes of general State aid
funding, | 12 |
| conform
attendance figures to the requirements of subsection | 13 |
| (F).
| 14 |
| (2) The Average Daily Attendance figures utilized in | 15 |
| subsection (E) shall be
the requisite attendance data for the | 16 |
| school year immediately preceding
the
school year for which | 17 |
| general State aid is being calculated
or the average of the | 18 |
| attendance data for the 3 preceding school
years, whichever is | 19 |
| greater. The Average Daily Attendance figures
utilized in | 20 |
| subsection (H) shall be the requisite attendance data for the
| 21 |
| school year immediately preceding the school year for which | 22 |
| general
State aid is being calculated.
| 23 |
| (D) Available Local Resources.
| 24 |
| (1) For purposes of calculating general State aid pursuant | 25 |
| to subsection
(E), a representation of Available Local | 26 |
| Resources per pupil, as that term is
defined and determined in | 27 |
| this subsection, shall be utilized. Available Local
Resources | 28 |
| per pupil shall include a calculated
dollar amount representing | 29 |
| local school district revenues from local property
taxes and | 30 |
| from
Corporate Personal Property Replacement Taxes, expressed | 31 |
| on the basis of pupils
in Average
Daily Attendance. Calculation | 32 |
| of Available Local Resources shall exclude any tax amnesty |
|
|
|
09400SB0750sam001 |
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|
| 1 |
| funds received as a result of Public Act 93-26.
| 2 |
| (2) In determining a school district's revenue from local | 3 |
| property taxes,
the State Board of Education shall utilize the | 4 |
| equalized assessed valuation of
all taxable property of each | 5 |
| school
district as of September 30 of the previous year. The | 6 |
| equalized assessed
valuation utilized shall
be obtained and | 7 |
| determined as provided in subsection (G).
| 8 |
| (3) For school districts maintaining grades kindergarten | 9 |
| through 12, local
property tax
revenues per pupil shall be | 10 |
| calculated as the product of the applicable
equalized assessed
| 11 |
| valuation for the district multiplied by 3.00%, and divided by | 12 |
| the district's
Average Daily
Attendance figure. For school | 13 |
| districts maintaining grades kindergarten
through 8, local
| 14 |
| property tax revenues per pupil shall be calculated as the | 15 |
| product of the
applicable equalized
assessed valuation for the | 16 |
| district multiplied by 2.30%, and divided by the
district's | 17 |
| Average
Daily Attendance figure. For school districts | 18 |
| maintaining grades 9 through 12,
local property
tax revenues | 19 |
| per pupil shall be the applicable equalized assessed valuation | 20 |
| of
the district
multiplied by 1.05%, and divided by the | 21 |
| district's Average Daily
Attendance
figure.
| 22 |
| (4) The Corporate Personal Property Replacement Taxes paid | 23 |
| to each school
district during the calendar year 2 years before | 24 |
| the calendar year in which a
school year begins, divided by the | 25 |
| Average Daily Attendance figure for that
district, shall be | 26 |
| added to the local property tax revenues per pupil as
derived | 27 |
| by the application of the immediately preceding paragraph (3). | 28 |
| The sum
of these per pupil figures for each school district | 29 |
| shall constitute Available
Local Resources as that term is | 30 |
| utilized in subsection (E) in the calculation
of general State | 31 |
| aid.
| 32 |
| (E) Computation of General State Aid.
| 33 |
| (1) For each school year, the amount of general State aid |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| allotted to a
school district shall be computed by the State | 2 |
| Board of Education as provided
in this subsection.
| 3 |
| (2) For any school district for which Available Local | 4 |
| Resources per pupil
is less than the product of 0.93 times the | 5 |
| Foundation Level, general State aid
for that district shall be | 6 |
| calculated as an amount equal to the Foundation
Level minus | 7 |
| Available Local Resources, multiplied by the Average Daily
| 8 |
| Attendance of the school district.
| 9 |
| (3) For any school district for which Available Local | 10 |
| Resources per pupil
is equal to or greater than the product of | 11 |
| 0.93 times the Foundation Level and
less than the product of | 12 |
| 1.75 times the Foundation Level, the general State aid
per | 13 |
| pupil shall be a decimal proportion of the Foundation Level | 14 |
| derived using a
linear algorithm. Under this linear algorithm, | 15 |
| the calculated general State
aid per pupil shall decline in | 16 |
| direct linear fashion from 0.07 times the
Foundation Level for | 17 |
| a school district with Available Local Resources equal to
the | 18 |
| product of 0.93 times the Foundation Level, to 0.05 times the | 19 |
| Foundation
Level for a school district with Available Local | 20 |
| Resources equal to the product
of 1.75 times the Foundation | 21 |
| Level. The allocation of general
State aid for school districts | 22 |
| subject to this paragraph 3 shall be the
calculated general | 23 |
| State aid
per pupil figure multiplied by the Average Daily | 24 |
| Attendance of the school
district.
| 25 |
| (4) For any school district for which Available Local | 26 |
| Resources per pupil
equals or exceeds the product of 1.75 times | 27 |
| the Foundation Level, the general
State aid for the school | 28 |
| district shall be calculated as the product of $218
multiplied | 29 |
| by the Average Daily Attendance of the school
district.
| 30 |
| (5) The amount of general State aid allocated to a school | 31 |
| district for
the 1999-2000 school year meeting the requirements | 32 |
| set forth in paragraph (4)
of subsection
(G) shall be increased | 33 |
| by an amount equal to the general State aid that
would have | 34 |
| been received by the district for the 1998-1999 school year by
|
|
|
|
09400SB0750sam001 |
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|
| 1 |
| utilizing the Extension Limitation Equalized Assessed | 2 |
| Valuation as calculated
in paragraph (4) of subsection (G) less | 3 |
| the general State aid allotted for the
1998-1999
school year. | 4 |
| This amount shall be deemed a one time increase, and shall not
| 5 |
| affect any future general State aid allocations.
| 6 |
| (F) Compilation of Average Daily Attendance.
| 7 |
| (1) Each school district shall, by July 1 of each year, | 8 |
| submit to the State
Board of Education, on forms prescribed by | 9 |
| the State Board of Education,
attendance figures for the school | 10 |
| year that began in the preceding calendar
year. The attendance | 11 |
| information so transmitted shall identify the average
daily | 12 |
| attendance figures for each month of the school year. Beginning | 13 |
| with
the general State aid claim form for the 2002-2003 school
| 14 |
| year, districts shall calculate Average Daily Attendance as | 15 |
| provided in
subdivisions (a), (b), and (c) of this paragraph | 16 |
| (1).
| 17 |
| (a) In districts that do not hold year-round classes,
| 18 |
| days of attendance in August shall be added to the month of | 19 |
| September and any
days of attendance in June shall be added | 20 |
| to the month of May.
| 21 |
| (b) In districts in which all buildings hold year-round | 22 |
| classes,
days of attendance in July and August shall be | 23 |
| added to the month
of September and any days of attendance | 24 |
| in June shall be added to
the month of May.
| 25 |
| (c) In districts in which some buildings, but not all, | 26 |
| hold
year-round classes, for the non-year-round buildings, | 27 |
| days of
attendance in August shall be added to the month of | 28 |
| September
and any days of attendance in June shall be added | 29 |
| to the month of
May. The average daily attendance for the | 30 |
| year-round buildings
shall be computed as provided in | 31 |
| subdivision (b) of this paragraph
(1). To calculate the | 32 |
| Average Daily Attendance for the district, the
average | 33 |
| daily attendance for the year-round buildings shall be
|
|
|
|
09400SB0750sam001 |
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|
| 1 |
| multiplied by the days in session for the non-year-round | 2 |
| buildings
for each month and added to the monthly | 3 |
| attendance of the
non-year-round buildings.
| 4 |
| Except as otherwise provided in this Section, days of
| 5 |
| attendance by pupils shall be counted only for sessions of not | 6 |
| less than
5 clock hours of school work per day under direct | 7 |
| supervision of: (i)
teachers, or (ii) non-teaching personnel or | 8 |
| volunteer personnel when engaging
in non-teaching duties and | 9 |
| supervising in those instances specified in
subsection (a) of | 10 |
| Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils | 11 |
| of legal school age and in kindergarten and grades 1 through | 12 |
| 12.
| 13 |
| Days of attendance by tuition pupils shall be accredited | 14 |
| only to the
districts that pay the tuition to a recognized | 15 |
| school.
| 16 |
| (2) Days of attendance by pupils of less than 5 clock hours | 17 |
| of school
shall be subject to the following provisions in the | 18 |
| compilation of Average
Daily Attendance.
| 19 |
| (a) Pupils regularly enrolled in a public school for | 20 |
| only a part of
the school day may be counted on the basis | 21 |
| of 1/6 day for every class hour
of instruction of 40 | 22 |
| minutes or more attended pursuant to such enrollment,
| 23 |
| unless a pupil is
enrolled in a block-schedule format of 80 | 24 |
| minutes or more of instruction,
in which case the pupil may | 25 |
| be counted on the basis of the proportion of
minutes of | 26 |
| school work completed each day to the minimum number of
| 27 |
| minutes that school work is required to be held that day.
| 28 |
| (b) Days of attendance may be less than 5 clock hours | 29 |
| on the opening
and closing of the school term, and upon the | 30 |
| first day of pupil
attendance, if preceded by a day or days | 31 |
| utilized as an institute or
teachers' workshop.
| 32 |
| (c) A session of 4 or more clock hours may be counted | 33 |
| as a day of
attendance upon certification by the regional | 34 |
| superintendent, and
approved by the State Superintendent |
|
|
|
09400SB0750sam001 |
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|
| 1 |
| of Education to the extent that the
district has been | 2 |
| forced to use daily multiple sessions.
| 3 |
| (d) A session of 3 or more clock hours may be counted | 4 |
| as a day of
attendance (1) when the remainder of the school | 5 |
| day or at least
2 hours in the evening of that day is | 6 |
| utilized for an
in-service training program for teachers, | 7 |
| up to a maximum of 5 days per
school year of which a | 8 |
| maximum of 4 days of such 5 days may be used for
| 9 |
| parent-teacher conferences, provided a district conducts | 10 |
| an in-service
training program for teachers which has been | 11 |
| approved by the State
Superintendent of Education; or, in | 12 |
| lieu of 4 such days, 2 full days may
be used, in which | 13 |
| event each such day
may be counted as a day of attendance; | 14 |
| and (2) when days in
addition to
those provided in item (1) | 15 |
| are scheduled by a school pursuant to its school
| 16 |
| improvement plan adopted under Article 34 or its revised or | 17 |
| amended school
improvement plan adopted under Article 2, | 18 |
| provided that (i) such sessions of
3 or more clock hours | 19 |
| are scheduled to occur at regular intervals, (ii) the
| 20 |
| remainder of the school days in which such sessions occur | 21 |
| are utilized
for in-service training programs or other | 22 |
| staff development activities for
teachers, and (iii) a | 23 |
| sufficient number of minutes of school work under the
| 24 |
| direct supervision of teachers are added to the school days | 25 |
| between such
regularly scheduled sessions to accumulate | 26 |
| not less than the number of minutes
by which such sessions | 27 |
| of 3 or more clock hours fall short of 5 clock hours.
Any | 28 |
| full days used for the purposes of this paragraph shall not | 29 |
| be considered
for
computing average daily attendance. Days | 30 |
| scheduled for in-service training
programs, staff | 31 |
| development activities, or parent-teacher conferences may | 32 |
| be
scheduled separately for different
grade levels and | 33 |
| different attendance centers of the district.
| 34 |
| (e) A session of not less than one clock hour of |
|
|
|
09400SB0750sam001 |
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|
| 1 |
| teaching
hospitalized or homebound pupils on-site or by | 2 |
| telephone to the classroom may
be counted as 1/2 day of | 3 |
| attendance, however these pupils must receive 4 or
more | 4 |
| clock hours of instruction to be counted for a full day of | 5 |
| attendance.
| 6 |
| (f) A session of at least 4 clock hours may be counted | 7 |
| as a day of
attendance for first grade pupils, and pupils | 8 |
| in full day kindergartens,
and a session of 2 or more hours | 9 |
| may be counted as 1/2 day of attendance by
pupils in | 10 |
| kindergartens which provide only 1/2 day of attendance.
| 11 |
| (g) For children with disabilities who are below the | 12 |
| age of 6 years and
who
cannot attend 2 or more clock hours | 13 |
| because of their disability or
immaturity, a session of not | 14 |
| less than one clock hour may be counted as 1/2 day
of | 15 |
| attendance; however for such children whose educational | 16 |
| needs so require
a session of 4 or more clock hours may be | 17 |
| counted as a full day of attendance.
| 18 |
| (h) A recognized kindergarten which provides for only | 19 |
| 1/2 day of
attendance by each pupil shall not have more | 20 |
| than 1/2 day of attendance
counted in any one day. However, | 21 |
| kindergartens may count 2 1/2 days
of
attendance in any 5 | 22 |
| consecutive school days. When a pupil attends such a
| 23 |
| kindergarten for 2 half days on any one school day, the | 24 |
| pupil shall have
the following day as a day absent from | 25 |
| school, unless the school district
obtains permission in | 26 |
| writing from the State Superintendent of Education.
| 27 |
| Attendance at kindergartens which provide for a full day of | 28 |
| attendance by
each pupil shall be counted the same as | 29 |
| attendance by first grade pupils.
Only the first year of | 30 |
| attendance in one kindergarten shall be counted,
except in | 31 |
| case of children who entered the kindergarten in their | 32 |
| fifth year
whose educational development requires a second | 33 |
| year of kindergarten as
determined under the rules and | 34 |
| regulations of the State Board of Education.
|
|
|
|
09400SB0750sam001 |
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| 1 |
| (G) Equalized Assessed Valuation Data.
| 2 |
| (1) For purposes of the calculation of Available Local | 3 |
| Resources required
pursuant to subsection (D), the
State Board | 4 |
| of Education shall secure from the Department of
Revenue the | 5 |
| value as equalized or assessed by the Department of Revenue of
| 6 |
| all taxable property of every school district, together with | 7 |
| (i) the applicable
tax rate used in extending taxes for the | 8 |
| funds of the district as of
September 30 of the previous year
| 9 |
| and (ii) the limiting rate for all school
districts subject to | 10 |
| property tax extension limitations as imposed under the
| 11 |
| Property Tax Extension Limitation Law.
| 12 |
| The Department of Revenue shall add to the equalized | 13 |
| assessed value of all
taxable
property of each school district | 14 |
| situated entirely or partially within a county
that is or was | 15 |
| subject to the alternative general homestead exemption | 16 |
| provisions of Section 15-176 of the Property Tax Code (a)
(i)
| 17 |
| an amount equal to the total amount by which the
homestead | 18 |
| exemption allowed under Section 15-176 of the Property Tax Code | 19 |
| for
real
property situated in that school district exceeds the | 20 |
| total amount that would
have been
allowed in that school | 21 |
| district if the maximum reduction under Section 15-176
was
(i) | 22 |
| $4,500 in Cook County or $3,500 in all other counties in tax | 23 |
| year 2003 or (ii) $5,000 in all counties in tax year 2004 and | 24 |
| thereafter and (b)
(ii) an amount equal to the aggregate amount | 25 |
| for the taxable year of all additional exemptions under Section | 26 |
| 15-175 of the Property Tax Code for owners with a household | 27 |
| income of $30,000 or less. The county clerk of any county that | 28 |
| is or was subject to the alternative general homestead | 29 |
| exemption provisions of Section 15-176 of the Property Tax Code | 30 |
| shall
annually calculate and certify to the Department of | 31 |
| Revenue for each school
district all
homestead exemption | 32 |
| amounts under Section 15-176 of the Property Tax Code and all | 33 |
| amounts of additional exemptions under Section 15-175 of the |
|
|
|
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| 1 |
| Property Tax Code for owners with a household income of $30,000 | 2 |
| or less. It is the intent of this paragraph that if the general | 3 |
| homestead exemption for a parcel of property is determined | 4 |
| under Section 15-176 of the Property Tax Code rather than | 5 |
| Section 15-175, then the calculation of Available Local | 6 |
| Resources shall not be affected by the difference, if any, | 7 |
| between the amount of the general homestead exemption allowed | 8 |
| for that parcel of property under Section 15-176 of the | 9 |
| Property Tax Code and the amount that would have been allowed | 10 |
| had the general homestead exemption for that parcel of property | 11 |
| been determined under Section 15-175 of the Property Tax Code. | 12 |
| It is further the intent of this paragraph that if additional | 13 |
| exemptions are allowed under Section 15-175 of the Property Tax | 14 |
| Code for owners with a household income of less than $30,000, | 15 |
| then the calculation of Available Local Resources shall not be | 16 |
| affected by the difference, if any, because of those additional | 17 |
| exemptions.
| 18 |
| This equalized assessed valuation, as adjusted further by | 19 |
| the requirements of
this subsection, shall be utilized in the | 20 |
| calculation of Available Local
Resources.
| 21 |
| (2) The equalized assessed valuation in paragraph (1) shall | 22 |
| be adjusted, as
applicable, in the following manner:
| 23 |
| (a) For the purposes of calculating State aid under | 24 |
| this Section,
with respect to any part of a school district | 25 |
| within a redevelopment
project area in respect to which a | 26 |
| municipality has adopted tax
increment allocation | 27 |
| financing pursuant to the Tax Increment Allocation
| 28 |
| Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 | 29 |
| of the Illinois
Municipal Code or the Industrial Jobs | 30 |
| Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the | 31 |
| Illinois Municipal Code, no part of the current equalized
| 32 |
| assessed valuation of real property located in any such | 33 |
| project area which is
attributable to an increase above the | 34 |
| total initial equalized assessed
valuation of such |
|
|
|
09400SB0750sam001 |
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|
| 1 |
| property shall be used as part of the equalized assessed
| 2 |
| valuation of the district, until such time as all
| 3 |
| redevelopment project costs have been paid, as provided in | 4 |
| Section 11-74.4-8
of the Tax Increment Allocation | 5 |
| Redevelopment Act or in Section 11-74.6-35 of
the | 6 |
| Industrial Jobs Recovery Law. For the purpose of
the | 7 |
| equalized assessed valuation of the
district, the total | 8 |
| initial equalized assessed valuation or the current
| 9 |
| equalized assessed valuation, whichever is lower, shall be | 10 |
| used until
such time as all redevelopment project costs | 11 |
| have been paid.
| 12 |
| (b) The real property equalized assessed valuation for | 13 |
| a school district
shall be adjusted by subtracting from the | 14 |
| real property
value as equalized or assessed by the | 15 |
| Department of Revenue for the
district an amount computed | 16 |
| by dividing the amount of any abatement of
taxes under | 17 |
| Section 18-170 of the Property Tax Code by 3.00% for a | 18 |
| district
maintaining grades kindergarten through 12, by | 19 |
| 2.30% for a district
maintaining grades kindergarten | 20 |
| through 8, or by 1.05% for a
district
maintaining grades 9 | 21 |
| through 12 and adjusted by an amount computed by dividing
| 22 |
| the amount of any abatement of taxes under subsection (a) | 23 |
| of Section 18-165 of
the Property Tax Code by the same | 24 |
| percentage rates for district type as
specified in this | 25 |
| subparagraph (b).
| 26 |
| (3) For the 1999-2000 school year and each school year | 27 |
| thereafter, if a
school district meets all of the criteria of | 28 |
| this subsection (G)(3), the school
district's Available Local | 29 |
| Resources shall be calculated under subsection (D)
using the | 30 |
| district's Extension Limitation Equalized Assessed Valuation | 31 |
| as
calculated under this
subsection (G)(3).
| 32 |
| For purposes of this subsection (G)(3) the following terms | 33 |
| shall have
the following meanings:
| 34 |
| "Budget Year": The school year for which general State |
|
|
|
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|
| 1 |
| aid is calculated
and
awarded under subsection (E).
| 2 |
| "Base Tax Year": The property tax levy year used to | 3 |
| calculate the Budget
Year
allocation of general State aid.
| 4 |
| "Preceding Tax Year": The property tax levy year | 5 |
| immediately preceding the
Base Tax Year.
| 6 |
| "Base Tax Year's Tax Extension": The product of the | 7 |
| equalized assessed
valuation utilized by the County Clerk | 8 |
| in the Base Tax Year multiplied by the
limiting rate as | 9 |
| calculated by the County Clerk and defined in the Property | 10 |
| Tax
Extension Limitation Law.
| 11 |
| "Preceding Tax Year's Tax Extension": The product of | 12 |
| the equalized assessed
valuation utilized by the County | 13 |
| Clerk in the Preceding Tax Year multiplied by
the Operating | 14 |
| Tax Rate as defined in subsection (A).
| 15 |
| "Extension Limitation Ratio": A numerical ratio, | 16 |
| certified by the
County Clerk, in which the numerator is | 17 |
| the Base Tax Year's Tax
Extension and the denominator is | 18 |
| the Preceding Tax Year's Tax Extension.
| 19 |
| "Operating Tax Rate": The operating tax rate as defined | 20 |
| in subsection (A).
| 21 |
| If a school district is subject to property tax extension | 22 |
| limitations as
imposed under
the Property Tax Extension | 23 |
| Limitation Law, the State Board of Education shall
calculate | 24 |
| the Extension
Limitation
Equalized Assessed Valuation of that | 25 |
| district. For the 1999-2000 school
year, the
Extension | 26 |
| Limitation Equalized Assessed Valuation of a school district as
| 27 |
| calculated by the State Board of Education shall be equal to | 28 |
| the product of the
district's 1996 Equalized Assessed Valuation | 29 |
| and the district's Extension
Limitation Ratio. For the | 30 |
| 2000-2001 school year and each school year
thereafter,
the | 31 |
| Extension Limitation Equalized Assessed Valuation of a school | 32 |
| district as
calculated by the State Board of Education shall be | 33 |
| equal to the product of
the Equalized Assessed Valuation last | 34 |
| used in the calculation of general State
aid and the
district's |
|
|
|
09400SB0750sam001 |
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|
| 1 |
| Extension Limitation Ratio. If the Extension Limitation
| 2 |
| Equalized
Assessed Valuation of a school district as calculated | 3 |
| under
this subsection (G)(3) is less than the district's | 4 |
| equalized assessed valuation
as calculated pursuant to | 5 |
| subsections (G)(1) and (G)(2), then for purposes of
calculating | 6 |
| the district's general State aid for the Budget Year pursuant | 7 |
| to
subsection (E), that Extension
Limitation Equalized | 8 |
| Assessed Valuation shall be utilized to calculate the
| 9 |
| district's Available Local Resources
under subsection (D).
| 10 |
| (4) For the purposes of calculating general State aid for | 11 |
| the 1999-2000
school year only, if a school district | 12 |
| experienced a triennial reassessment on
the equalized assessed | 13 |
| valuation used in calculating its general State
financial aid | 14 |
| apportionment for the 1998-1999 school year, the State Board of
| 15 |
| Education shall calculate the Extension Limitation Equalized | 16 |
| Assessed Valuation
that would have been used to calculate the | 17 |
| district's 1998-1999 general State
aid. This amount shall equal | 18 |
| the product of the equalized assessed valuation
used to
| 19 |
| calculate general State aid for the 1997-1998 school year and | 20 |
| the district's
Extension Limitation Ratio. If the Extension | 21 |
| Limitation Equalized Assessed
Valuation of the school district | 22 |
| as calculated under this paragraph (4) is
less than the | 23 |
| district's equalized assessed valuation utilized in | 24 |
| calculating
the
district's 1998-1999 general State aid | 25 |
| allocation, then for purposes of
calculating the district's | 26 |
| general State aid pursuant to paragraph (5) of
subsection (E),
| 27 |
| that Extension Limitation Equalized Assessed Valuation shall | 28 |
| be utilized to
calculate the district's Available Local | 29 |
| Resources.
| 30 |
| (5) For school districts having a majority of their | 31 |
| equalized assessed
valuation in any county except Cook, DuPage, | 32 |
| Kane, Lake, McHenry, or Will, if
the amount of general State | 33 |
| aid allocated to the school district for the
1999-2000 school | 34 |
| year under the provisions of subsection (E), (H), and (J) of
|
|
|
|
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| 1 |
| this Section is less than the amount of general State aid | 2 |
| allocated to the
district for the 1998-1999 school year under | 3 |
| these subsections, then the
general
State aid of the district | 4 |
| for the 1999-2000 school year only shall be increased
by the | 5 |
| difference between these amounts. The total payments made under | 6 |
| this
paragraph (5) shall not exceed $14,000,000. Claims shall | 7 |
| be prorated if they
exceed $14,000,000.
| 8 |
| (H) Supplemental General State Aid.
| 9 |
| (1) In addition to the general State aid a school district | 10 |
| is allotted
pursuant to subsection (E), qualifying school | 11 |
| districts shall receive a grant,
paid in conjunction with a | 12 |
| district's payments of general State aid, for
supplemental | 13 |
| general State aid based upon the concentration level of | 14 |
| children
from low-income households within the school | 15 |
| district.
Supplemental State aid grants provided for school | 16 |
| districts under this
subsection shall be appropriated for | 17 |
| distribution to school districts as part
of the same line item | 18 |
| in which the general State financial aid of school
districts is | 19 |
| appropriated under this Section.
If the appropriation in any | 20 |
| fiscal year for general State aid and
supplemental general | 21 |
| State aid is insufficient to pay the amounts required
under the | 22 |
| general State aid and supplemental general State aid | 23 |
| calculations,
then the
State Board of Education shall ensure | 24 |
| that
each school district receives the full amount due for | 25 |
| general State aid
and the remainder of the appropriation shall | 26 |
| be used
for supplemental general State aid, which the State | 27 |
| Board of Education shall
calculate and pay to eligible | 28 |
| districts on a prorated basis.
| 29 |
| (1.5) This paragraph (1.5) applies only to those school | 30 |
| years
preceding the 2003-2004 school year.
For purposes of this
| 31 |
| subsection (H), the term "Low-Income Concentration Level" | 32 |
| shall be the
low-income
eligible pupil count from the most | 33 |
| recently available federal census divided by
the Average Daily |
|
|
|
09400SB0750sam001 |
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|
| 1 |
| Attendance of the school district.
If, however, (i) the | 2 |
| percentage decrease from the 2 most recent federal
censuses
in | 3 |
| the low-income eligible pupil count of a high school district | 4 |
| with fewer
than 400 students exceeds by 75% or more the | 5 |
| percentage change in the total
low-income eligible pupil count | 6 |
| of contiguous elementary school districts,
whose boundaries | 7 |
| are coterminous with the high school district,
or (ii) a high | 8 |
| school district within 2 counties and serving 5 elementary
| 9 |
| school
districts, whose boundaries are coterminous with the | 10 |
| high school
district, has a percentage decrease from the 2 most | 11 |
| recent federal
censuses in the low-income eligible pupil count | 12 |
| and there is a percentage
increase in the total low-income | 13 |
| eligible pupil count of a majority of the
elementary school | 14 |
| districts in excess of 50% from the 2 most recent
federal | 15 |
| censuses, then
the
high school district's low-income eligible | 16 |
| pupil count from the earlier federal
census
shall be the number | 17 |
| used as the low-income eligible pupil count for the high
school | 18 |
| district, for purposes of this subsection (H).
The changes made | 19 |
| to this paragraph (1) by Public Act 92-28 shall apply to
| 20 |
| supplemental general State aid
grants for school years | 21 |
| preceding the 2003-2004 school year that are paid
in fiscal | 22 |
| year 1999 or thereafter
and to
any State aid payments made in | 23 |
| fiscal year 1994 through fiscal year
1998 pursuant to | 24 |
| subsection 1(n) of Section 18-8 of this Code (which was
| 25 |
| repealed on July 1, 1998), and any high school district that is | 26 |
| affected by
Public Act 92-28 is
entitled to a
recomputation of | 27 |
| its supplemental general State aid grant or State aid
paid in | 28 |
| any of those fiscal years. This recomputation shall not be
| 29 |
| affected by any other funding.
| 30 |
| (1.10) This paragraph (1.10) applies to the 2003-2004 | 31 |
| school year
and each school year thereafter. For purposes of | 32 |
| this subsection (H), the
term "Low-Income Concentration Level" | 33 |
| shall, for each fiscal year, be the
low-income eligible
pupil | 34 |
| count
as of July 1 of the immediately preceding fiscal year
(as |
|
|
|
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|
| 1 |
| determined by the Department of Human Services based
on the | 2 |
| number of pupils
who are eligible for at least one of the | 3 |
| following
low income programs: Medicaid, KidCare, TANF, or Food | 4 |
| Stamps,
excluding pupils who are eligible for services provided | 5 |
| by the Department
of Children and Family Services,
averaged | 6 |
| over
the 2 immediately preceding fiscal years for fiscal year | 7 |
| 2004 and over the 3
immediately preceding fiscal years for each | 8 |
| fiscal year thereafter)
divided by the Average Daily Attendance | 9 |
| of the school district.
| 10 |
| (2) Supplemental general State aid pursuant to this | 11 |
| subsection (H) shall
be
provided as follows for the 1998-1999, | 12 |
| 1999-2000, and 2000-2001 school years
only:
| 13 |
| (a) For any school district with a Low Income | 14 |
| Concentration Level of at
least 20% and less than 35%, the | 15 |
| grant for any school year
shall be $800
multiplied by the | 16 |
| low income eligible pupil count.
| 17 |
| (b) For any school district with a Low Income | 18 |
| Concentration Level of at
least 35% and less than 50%, the | 19 |
| grant for the 1998-1999 school year shall be
$1,100 | 20 |
| multiplied by the low income eligible pupil count.
| 21 |
| (c) For any school district with a Low Income | 22 |
| Concentration Level of at
least 50% and less than 60%, the | 23 |
| grant for the 1998-99 school year shall be
$1,500 | 24 |
| multiplied by the low income eligible pupil count.
| 25 |
| (d) For any school district with a Low Income | 26 |
| Concentration Level of 60%
or more, the grant for the | 27 |
| 1998-99 school year shall be $1,900 multiplied by
the low | 28 |
| income eligible pupil count.
| 29 |
| (e) For the 1999-2000 school year, the per pupil amount | 30 |
| specified in
subparagraphs (b), (c), and (d) immediately | 31 |
| above shall be increased to $1,243,
$1,600, and $2,000, | 32 |
| respectively.
| 33 |
| (f) For the 2000-2001 school year, the per pupil | 34 |
| amounts specified in
subparagraphs (b), (c), and (d) |
|
|
|
09400SB0750sam001 |
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|
| 1 |
| immediately above shall be
$1,273, $1,640, and $2,050, | 2 |
| respectively.
| 3 |
| (2.5) Supplemental general State aid pursuant to this | 4 |
| subsection (H)
shall be provided as follows for the 2002-2003 | 5 |
| school year:
| 6 |
| (a) For any school district with a Low Income | 7 |
| Concentration Level of less
than 10%, the grant for each | 8 |
| school year shall be $355 multiplied by the low
income | 9 |
| eligible pupil count.
| 10 |
| (b) For any school district with a Low Income | 11 |
| Concentration
Level of at least 10% and less than 20%, the | 12 |
| grant for each school year shall
be $675
multiplied by the | 13 |
| low income eligible pupil
count.
| 14 |
| (c) For any school district with a Low Income | 15 |
| Concentration
Level of at least 20% and less than 35%, the | 16 |
| grant for each school year shall
be $1,330
multiplied by | 17 |
| the low income eligible pupil
count.
| 18 |
| (d) For any school district with a Low Income | 19 |
| Concentration
Level of at least 35% and less than 50%, the | 20 |
| grant for each school year shall
be $1,362
multiplied by | 21 |
| the low income eligible pupil
count.
| 22 |
| (e) For any school district with a Low Income | 23 |
| Concentration
Level of at least 50% and less than 60%, the | 24 |
| grant for each school year shall
be $1,680
multiplied by | 25 |
| the low income eligible pupil
count.
| 26 |
| (f) For any school district with a Low Income | 27 |
| Concentration
Level of 60% or more, the grant for each | 28 |
| school year shall be $2,080
multiplied by the low income | 29 |
| eligible pupil count.
| 30 |
| (2.10) Except as otherwise provided, supplemental general | 31 |
| State aid
pursuant to this subsection
(H) shall be provided as | 32 |
| follows for the 2003-2004 school year and each
school year | 33 |
| thereafter:
| 34 |
| (a) For any school district with a Low Income |
|
|
|
09400SB0750sam001 |
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LRB094 04113 BDD 42863 a |
|
| 1 |
| Concentration
Level of 15% or less, the grant for each | 2 |
| school year
shall be $355 multiplied by the low income | 3 |
| eligible pupil count.
| 4 |
| (b) For any school district with a Low Income | 5 |
| Concentration
Level greater than 15%, the grant for each | 6 |
| school year shall be
$294.25 added to the product of $2,700 | 7 |
| and the square of the Low
Income Concentration Level, all | 8 |
| multiplied by the low income
eligible pupil count.
| 9 |
| For the 2003-2004 and 2004-2005 school year only, the grant | 10 |
| shall be no less than the
grant
for
the 2002-2003 school year. | 11 |
| For the 2005-2006 school year only, the grant shall
be no
less | 12 |
| than the grant for the 2002-2003 school year multiplied by | 13 |
| 0.66. For the
2006-2007
school year only, the grant shall be no | 14 |
| less than the grant for the 2002-2003
school year
multiplied by | 15 |
| 0.33.
| 16 |
| For the 2003-2004 school year only, the grant shall be no | 17 |
| greater
than the grant received during the 2002-2003 school | 18 |
| year added to the
product of 0.25 multiplied by the difference | 19 |
| between the grant amount
calculated under subsection (a) or (b) | 20 |
| of this paragraph (2.10), whichever
is applicable, and the | 21 |
| grant received during the 2002-2003 school year.
For the | 22 |
| 2004-2005 school year only, the grant shall be no greater than
| 23 |
| the grant received during the 2002-2003 school year added to | 24 |
| the
product of 0.50 multiplied by the difference between the | 25 |
| grant amount
calculated under subsection (a) or (b) of this | 26 |
| paragraph (2.10), whichever
is applicable, and the grant | 27 |
| received during the 2002-2003 school year.
For the 2005-2006 | 28 |
| school year only, the grant shall be no greater than
the grant | 29 |
| received during the 2002-2003 school year added to the
product | 30 |
| of 0.75 multiplied by the difference between the grant amount
| 31 |
| calculated under subsection (a) or (b) of this paragraph | 32 |
| (2.10), whichever
is applicable, and the grant received during | 33 |
| the 2002-2003
school year.
| 34 |
| (3) School districts with an Average Daily Attendance of |
|
|
|
09400SB0750sam001 |
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|
| 1 |
| more than 1,000
and less than 50,000 that qualify for | 2 |
| supplemental general State aid pursuant
to this subsection | 3 |
| shall submit a plan to the State Board of Education prior to
| 4 |
| October 30 of each year for the use of the funds resulting from | 5 |
| this grant of
supplemental general State aid for the | 6 |
| improvement of
instruction in which priority is given to | 7 |
| meeting the education needs of
disadvantaged children. Such | 8 |
| plan shall be submitted in accordance with
rules and | 9 |
| regulations promulgated by the State Board of Education.
| 10 |
| (4) School districts with an Average Daily Attendance of | 11 |
| 50,000 or more
that qualify for supplemental general State aid | 12 |
| pursuant to this subsection
shall be required to distribute | 13 |
| from funds available pursuant to this Section,
no less than | 14 |
| $261,000,000 in accordance with the following requirements:
| 15 |
| (a) The required amounts shall be distributed to the | 16 |
| attendance centers
within the district in proportion to the | 17 |
| number of pupils enrolled at each
attendance center who are | 18 |
| eligible to receive free or reduced-price lunches or
| 19 |
| breakfasts under the federal Child Nutrition Act of 1966 | 20 |
| and under the National
School Lunch Act during the | 21 |
| immediately preceding school year.
| 22 |
| (b) The distribution of these portions of supplemental | 23 |
| and general State
aid among attendance centers according to | 24 |
| these requirements shall not be
compensated for or | 25 |
| contravened by adjustments of the total of other funds
| 26 |
| appropriated to any attendance centers, and the Board of | 27 |
| Education shall
utilize funding from one or several sources | 28 |
| in order to fully implement this
provision annually prior | 29 |
| to the opening of school.
| 30 |
| (c) Each attendance center shall be provided by the
| 31 |
| school district a distribution of noncategorical funds and | 32 |
| other
categorical funds to which an attendance center is | 33 |
| entitled under law in
order that the general State aid and | 34 |
| supplemental general State aid provided
by application of |
|
|
|
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|
| 1 |
| this subsection supplements rather than supplants the
| 2 |
| noncategorical funds and other categorical funds provided | 3 |
| by the school
district to the attendance centers.
| 4 |
| (d) Any funds made available under this subsection that | 5 |
| by reason of the
provisions of this subsection are not
| 6 |
| required to be allocated and provided to attendance centers | 7 |
| may be used and
appropriated by the board of the district | 8 |
| for any lawful school purpose.
| 9 |
| (e) Funds received by an attendance center
pursuant to | 10 |
| this
subsection shall be used
by the attendance center at | 11 |
| the discretion
of the principal and local school council | 12 |
| for programs to improve educational
opportunities at | 13 |
| qualifying schools through the following programs and
| 14 |
| services: early childhood education, reduced class size or | 15 |
| improved adult to
student classroom ratio, enrichment | 16 |
| programs, remedial assistance, attendance
improvement, and | 17 |
| other educationally beneficial expenditures which
| 18 |
| supplement
the regular and basic programs as determined by | 19 |
| the State Board of Education.
Funds provided shall not be | 20 |
| expended for any political or lobbying purposes
as defined | 21 |
| by board rule.
| 22 |
| (f) Each district subject to the provisions of this | 23 |
| subdivision (H)(4)
shall submit an
acceptable plan to meet | 24 |
| the educational needs of disadvantaged children, in
| 25 |
| compliance with the requirements of this paragraph, to the | 26 |
| State Board of
Education prior to July 15 of each year. | 27 |
| This plan shall be consistent with the
decisions of local | 28 |
| school councils concerning the school expenditure plans
| 29 |
| developed in accordance with part 4 of Section 34-2.3. The | 30 |
| State Board shall
approve or reject the plan within 60 days | 31 |
| after its submission. If the plan is
rejected, the district | 32 |
| shall give written notice of intent to modify the plan
| 33 |
| within 15 days of the notification of rejection and then | 34 |
| submit a modified plan
within 30 days after the date of the |
|
|
|
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| written notice of intent to modify.
Districts may amend | 2 |
| approved plans pursuant to rules promulgated by the State
| 3 |
| Board of Education.
| 4 |
| Upon notification by the State Board of Education that | 5 |
| the district has
not submitted a plan prior to July 15 or a | 6 |
| modified plan within the time
period specified herein, the
| 7 |
| State aid funds affected by that plan or modified plan | 8 |
| shall be withheld by the
State Board of Education until a | 9 |
| plan or modified plan is submitted.
| 10 |
| If the district fails to distribute State aid to | 11 |
| attendance centers in
accordance with an approved plan, the | 12 |
| plan for the following year shall
allocate funds, in | 13 |
| addition to the funds otherwise required by this
| 14 |
| subsection, to those attendance centers which were | 15 |
| underfunded during the
previous year in amounts equal to | 16 |
| such underfunding.
| 17 |
| For purposes of determining compliance with this | 18 |
| subsection in relation
to the requirements of attendance | 19 |
| center funding, each district subject to the
provisions of | 20 |
| this
subsection shall submit as a separate document by | 21 |
| December 1 of each year a
report of expenditure data for | 22 |
| the prior year in addition to any
modification of its | 23 |
| current plan. If it is determined that there has been
a | 24 |
| failure to comply with the expenditure provisions of this | 25 |
| subsection
regarding contravention or supplanting, the | 26 |
| State Superintendent of
Education shall, within 60 days of | 27 |
| receipt of the report, notify the
district and any affected | 28 |
| local school council. The district shall within
45 days of | 29 |
| receipt of that notification inform the State | 30 |
| Superintendent of
Education of the remedial or corrective | 31 |
| action to be taken, whether by
amendment of the current | 32 |
| plan, if feasible, or by adjustment in the plan
for the | 33 |
| following year. Failure to provide the expenditure report | 34 |
| or the
notification of remedial or corrective action in a |
|
|
|
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| 1 |
| timely manner shall
result in a withholding of the affected | 2 |
| funds.
| 3 |
| The State Board of Education shall promulgate rules and | 4 |
| regulations
to implement the provisions of this | 5 |
| subsection. No funds shall be released
under this | 6 |
| subdivision (H)(4) to any district that has not submitted a | 7 |
| plan
that has been approved by the State Board of | 8 |
| Education.
| 9 |
| (I) General State Aid for Newly Configured School Districts.
| 10 |
| (1) For a new school district formed by combining property | 11 |
| included
totally within 2 or more previously existing school | 12 |
| districts, for its
first year of existence the general State | 13 |
| aid and supplemental general State
aid calculated under this | 14 |
| Section
shall be computed for the new district and for the | 15 |
| previously existing
districts for which property is totally | 16 |
| included
within the new district. If the computation on the | 17 |
| basis of the previously
existing districts is greater, a | 18 |
| supplementary payment equal to the difference
shall be made for | 19 |
| the first 4 years of existence of the new district.
| 20 |
| (2) For a school district which annexes all of the | 21 |
| territory of one or more
entire other school districts, for the | 22 |
| first year during which the change
of boundaries attributable | 23 |
| to such annexation becomes effective for all
purposes as | 24 |
| determined under Section 7-9 or 7A-8, the general State aid and
| 25 |
| supplemental general State aid calculated
under this Section | 26 |
| shall be computed for the annexing district as constituted
| 27 |
| after the annexation and for the annexing and each annexed | 28 |
| district as
constituted prior to the annexation; and if the | 29 |
| computation on the basis of
the annexing and annexed districts | 30 |
| as constituted prior to the annexation is
greater, a | 31 |
| supplementary payment equal to the difference shall be made for
| 32 |
| the first 4 years of existence of the annexing school district | 33 |
| as
constituted upon such annexation.
|
|
|
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| (3) For 2 or more school districts which annex all of the | 2 |
| territory of
one or more entire other school districts, and for | 3 |
| 2 or more community unit
districts which result upon the | 4 |
| division (pursuant to petition under
Section 11A-2) of one or | 5 |
| more other unit school districts into 2 or more
parts and which | 6 |
| together include all of the parts into which such other
unit | 7 |
| school district or districts are so divided, for the first year
| 8 |
| during which the change of boundaries attributable to such | 9 |
| annexation or
division becomes effective for all purposes as | 10 |
| determined under Section 7-9
or 11A-10, as the case may be, the | 11 |
| general State aid and supplemental general
State aid calculated | 12 |
| under this Section
shall be computed for each annexing or | 13 |
| resulting district as constituted
after the annexation or | 14 |
| division and for each annexing and annexed
district, or for | 15 |
| each resulting and divided district, as constituted prior
to | 16 |
| the annexation or division; and if the aggregate of the general | 17 |
| State aid
and supplemental general State aid as so
computed for | 18 |
| the annexing or resulting districts as constituted after the
| 19 |
| annexation or division is less than the aggregate of the | 20 |
| general State aid and
supplemental general State aid as so | 21 |
| computed for the annexing and annexed
districts, or for the | 22 |
| resulting and divided districts, as constituted prior to
the | 23 |
| annexation or division, then
a supplementary payment equal to | 24 |
| the difference shall be made and allocated
between or among the | 25 |
| annexing or resulting districts, as constituted upon
such | 26 |
| annexation or division, for the first 4 years of their | 27 |
| existence. The
total difference payment shall be allocated | 28 |
| between or among the annexing
or resulting districts in the | 29 |
| same ratio as the pupil enrollment from that
portion of the | 30 |
| annexed or divided district or districts which is annexed to
or | 31 |
| included in each such annexing or resulting district bears to | 32 |
| the total
pupil enrollment from the entire annexed or divided | 33 |
| district or districts,
as such pupil enrollment is determined | 34 |
| for the school year last ending
prior to the date when the |
|
|
|
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| 1 |
| change of boundaries attributable to the
annexation or division | 2 |
| becomes effective for all purposes. The amount of
the total | 3 |
| difference payment and the amount thereof to be allocated to | 4 |
| the
annexing or resulting districts shall be computed by the | 5 |
| State Board of
Education on the basis of pupil enrollment and | 6 |
| other data which shall be
certified to the State Board of | 7 |
| Education, on forms which it shall provide
for that purpose, by | 8 |
| the regional superintendent of schools for each
educational | 9 |
| service region in which the annexing and annexed districts, or
| 10 |
| resulting and divided districts are located.
| 11 |
| (3.5) Claims for financial assistance under this | 12 |
| subsection (I) shall
not be recomputed except as expressly | 13 |
| provided under this Section.
| 14 |
| (4) Any
supplementary payment made under this subsection | 15 |
| (I)
shall be treated as separate from all other payments made | 16 |
| pursuant to
this Section.
| 17 |
| (J) Supplementary Grants in Aid.
| 18 |
| (1) Notwithstanding any other provisions of this Section, | 19 |
| the amount of the
aggregate general State aid in combination | 20 |
| with supplemental general State aid
under this Section for | 21 |
| which
each school district is eligible shall be no
less than | 22 |
| the amount of the aggregate general State aid entitlement that | 23 |
| was
received by the district under Section
18-8 (exclusive of | 24 |
| amounts received
under subsections 5(p) and 5(p-5) of that | 25 |
| Section)
for the 1997-98 school year,
pursuant to the | 26 |
| provisions of that Section as it was then in effect.
If a | 27 |
| school district qualifies to receive a supplementary payment | 28 |
| made under
this subsection (J), the amount
of the aggregate | 29 |
| general State aid in combination with supplemental general
| 30 |
| State aid under this Section
which that district is eligible to | 31 |
| receive for each school year shall be no less than the amount | 32 |
| of the aggregate
general State aid entitlement that was | 33 |
| received by the district under
Section 18-8 (exclusive of |
|
|
|
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| 1 |
| amounts received
under subsections 5(p) and 5(p-5) of that | 2 |
| Section)
for the 1997-1998 school year, pursuant to the | 3 |
| provisions of that
Section as it was then in effect.
| 4 |
| (2) If, as provided in paragraph (1) of this subsection | 5 |
| (J), a school
district is to receive aggregate general State | 6 |
| aid in
combination with supplemental general State aid under | 7 |
| this Section for the 1998-99 school year and any subsequent | 8 |
| school
year that in any such school year is less than the | 9 |
| amount of the aggregate
general
State
aid entitlement that the | 10 |
| district received for the 1997-98 school year, the
school | 11 |
| district shall also receive, from a separate appropriation made | 12 |
| for
purposes of this subsection (J), a supplementary payment | 13 |
| that is equal to the
amount of the difference in the aggregate | 14 |
| State aid figures as described in
paragraph (1).
| 15 |
| (3) (Blank).
| 16 |
| (K) Grants to Laboratory and Alternative Schools.
| 17 |
| In calculating the amount to be paid to the governing board | 18 |
| of a public
university that operates a laboratory school under | 19 |
| this Section or to any
alternative school that is operated by a | 20 |
| regional superintendent of schools,
the State
Board of | 21 |
| Education shall require by rule such reporting requirements as | 22 |
| it
deems necessary.
| 23 |
| As used in this Section, "laboratory school" means a public | 24 |
| school which is
created and operated by a public university and | 25 |
| approved by the State Board of
Education. The governing board | 26 |
| of a public university which receives funds
from the State | 27 |
| Board under this subsection (K) may not increase the number of
| 28 |
| students enrolled in its laboratory
school from a single | 29 |
| district, if that district is already sending 50 or more
| 30 |
| students, except under a mutual agreement between the school | 31 |
| board of a
student's district of residence and the university | 32 |
| which operates the
laboratory school. A laboratory school may | 33 |
| not have more than 1,000 students,
excluding students with |
|
|
|
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| disabilities in a special education program.
| 2 |
| As used in this Section, "alternative school" means a | 3 |
| public school which is
created and operated by a Regional | 4 |
| Superintendent of Schools and approved by
the State Board of | 5 |
| Education. Such alternative schools may offer courses of
| 6 |
| instruction for which credit is given in regular school | 7 |
| programs, courses to
prepare students for the high school | 8 |
| equivalency testing program or vocational
and occupational | 9 |
| training. A regional superintendent of schools may contract
| 10 |
| with a school district or a public community college district | 11 |
| to operate an
alternative school. An alternative school serving | 12 |
| more than one educational
service region may be established by | 13 |
| the regional superintendents of schools
of the affected | 14 |
| educational service regions. An alternative school
serving | 15 |
| more than one educational service region may be operated under | 16 |
| such
terms as the regional superintendents of schools of those | 17 |
| educational service
regions may agree.
| 18 |
| Each laboratory and alternative school shall file, on forms | 19 |
| provided by the
State Superintendent of Education, an annual | 20 |
| State aid claim which states the
Average Daily Attendance of | 21 |
| the school's students by month. The best 3 months'
Average | 22 |
| Daily Attendance shall be computed for each school.
The general | 23 |
| State aid entitlement shall be computed by multiplying the
| 24 |
| applicable Average Daily Attendance by the Foundation Level as | 25 |
| determined under
this Section.
| 26 |
| (L) Payments, Additional Grants in Aid and Other Requirements.
| 27 |
| (1) For a school district operating under the financial | 28 |
| supervision
of an Authority created under Article 34A, the | 29 |
| general State aid otherwise
payable to that district under this | 30 |
| Section, but not the supplemental general
State aid, shall be | 31 |
| reduced by an amount equal to the budget for
the operations of | 32 |
| the Authority as certified by the Authority to the State
Board | 33 |
| of Education, and an amount equal to such reduction shall be |
|
|
|
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| 1 |
| paid
to the Authority created for such district for its | 2 |
| operating expenses in
the manner provided in Section 18-11. The | 3 |
| remainder
of general State school aid for any such district | 4 |
| shall be paid in accordance
with Article 34A when that Article | 5 |
| provides for a disposition other than that
provided by this | 6 |
| Article.
| 7 |
| (2) (Blank).
| 8 |
| (3) Summer school. Summer school payments shall be made as | 9 |
| provided in
Section 18-4.3.
| 10 |
| (M) Education Funding Advisory Board.
| 11 |
| The Education Funding Advisory
Board, hereinafter in this | 12 |
| subsection (M) referred to as the "Board", is hereby
created. | 13 |
| The Board
shall consist of 5 members who are appointed by the | 14 |
| Governor, by and with the
advice and consent of the Senate. The | 15 |
| members appointed shall include
representatives of education, | 16 |
| business, and the general public. One of the
members so | 17 |
| appointed shall be
designated by the Governor at the time the | 18 |
| appointment is made as the
chairperson of the
Board.
The | 19 |
| initial members of the Board may
be appointed any time after | 20 |
| the effective date of this amendatory Act of
1997. The regular | 21 |
| term of each member of the
Board shall be for 4 years from the | 22 |
| third Monday of January of the
year in which the term of the | 23 |
| member's appointment is to commence, except that
of the 5 | 24 |
| initial members appointed to serve on the
Board, the member who | 25 |
| is appointed as the chairperson shall serve for
a term that | 26 |
| commences on the date of his or her appointment and expires on | 27 |
| the
third Monday of January, 2002, and the remaining 4 members, | 28 |
| by lots drawn at
the first meeting of the Board that is
held
| 29 |
| after all 5 members are appointed, shall determine 2 of their | 30 |
| number to serve
for terms that commence on the date of their
| 31 |
| respective appointments and expire on the third
Monday of | 32 |
| January, 2001,
and 2 of their number to serve for terms that | 33 |
| commence
on the date of their respective appointments and |
|
|
|
09400SB0750sam001 |
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| 1 |
| expire on the third Monday
of January, 2000. All members | 2 |
| appointed to serve on the
Board shall serve until their | 3 |
| respective successors are
appointed and confirmed. Vacancies | 4 |
| shall be filled in the same manner as
original appointments. If | 5 |
| a vacancy in membership occurs at a time when the
Senate is not | 6 |
| in session, the Governor shall make a temporary appointment | 7 |
| until
the next meeting of the Senate, when he or she shall | 8 |
| appoint, by and with the
advice and consent of the Senate, a | 9 |
| person to fill that membership for the
unexpired term. If the | 10 |
| Senate is not in session when the initial appointments
are | 11 |
| made, those appointments shall
be made as in the case of | 12 |
| vacancies.
| 13 |
| The Education Funding Advisory Board shall be deemed | 14 |
| established,
and the initial
members appointed by the Governor | 15 |
| to serve as members of the
Board shall take office,
on the date | 16 |
| that the
Governor makes his or her appointment of the fifth | 17 |
| initial member of the
Board, whether those initial members are | 18 |
| then serving
pursuant to appointment and confirmation or | 19 |
| pursuant to temporary appointments
that are made by the | 20 |
| Governor as in the case of vacancies.
| 21 |
| The State Board of Education shall provide such staff | 22 |
| assistance to the
Education Funding Advisory Board as is | 23 |
| reasonably required for the proper
performance by the Board of | 24 |
| its responsibilities.
| 25 |
| For school years after the 2000-2001 school year, the | 26 |
| Education
Funding Advisory Board, in consultation with the | 27 |
| State Board of Education,
shall make recommendations as | 28 |
| provided in this subsection (M) to the General
Assembly for the | 29 |
| foundation level under subsection (B)
subdivision (B)(3) of | 30 |
| this Section and
for the
supplemental general State aid grant | 31 |
| level under subsection (H) of this Section
for districts with | 32 |
| high concentrations of children from poverty. The
recommended | 33 |
| foundation level shall be determined based on a methodology | 34 |
| which
incorporates the basic education expenditures of |
|
|
|
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| low-spending schools
exhibiting high academic performance. The | 2 |
| Education Funding Advisory Board
shall make such | 3 |
| recommendations to the General Assembly on January 1 of odd
| 4 |
| numbered years, beginning January 1, 2001.
| 5 |
| (N) (Blank).
| 6 |
| (O) References.
| 7 |
| (1) References in other laws to the various subdivisions of
| 8 |
| Section 18-8 as that Section existed before its repeal and | 9 |
| replacement by this
Section 18-8.05 shall be deemed to refer to | 10 |
| the corresponding provisions of
this Section 18-8.05, to the | 11 |
| extent that those references remain applicable.
| 12 |
| (2) References in other laws to State Chapter 1 funds shall | 13 |
| be deemed to
refer to the supplemental general State aid | 14 |
| provided under subsection (H) of
this Section.
| 15 |
| (P) Public Act 93-838
This amendatory Act of the 93rd General | 16 |
| Assembly and Public Act 93-808
House Bill 4266 of the 93rd | 17 |
| General Assembly make inconsistent changes to this Section. If | 18 |
| House Bill 4266 becomes law, then Under Section 6 of the | 19 |
| Statute on Statutes there is an irreconcilable conflict between | 20 |
| Public Act 93-808 and Public Act 93-838
House Bill 4266 and | 21 |
| this amendatory Act . Public Act 93-838
This amendatory Act , | 22 |
| being the last acted upon, is controlling. The text of Public | 23 |
| Act 93-838
this amendatory Act is the law regardless of the | 24 |
| text of Public Act 93-808
House Bill 4266 . | 25 |
| (Source: P.A. 92-16, eff. 6-28-01; 92-28, eff. 7-1-01; 92-29, | 26 |
| eff. 7-1-01; 92-269, eff. 8-7-01; 92-604, eff. 7-1-02; 92-636, | 27 |
| eff. 7-11-02; 92-651, eff. 7-11-02; 93-21, eff. 7-1-03; 93-715, | 28 |
| eff. 7-12-04; 93-808, eff. 7-26-04; 93-838, eff. 7-30-04; | 29 |
| 93-875, eff. 8-6-04; revised 10-21-04.)
| 30 |
| (105 ILCS 5/18-19) (from Ch. 122, par. 18-19)
|
|
|
|
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| Sec. 18-19. The State Board of Education shall
may make | 2 |
| distributions of
moneys
monies from the Education Assistance | 3 |
| Fund, pursuant to
appropriation,
in addition to such sums as | 4 |
| may have been otherwise
appropriated for the same purpose, for | 5 |
| any of the purposes set forth in
this Article, subject to the | 6 |
| same terms and conditions that apply to
distributions under the | 7 |
| several sections of this Article, respectively , and as follows: | 8 |
| (1) $500,000,000 per year to the Higher Education | 9 |
| Operating Assistance Fund. | 10 |
| (2) Moneys to the School District Property Tax Relief | 11 |
| Fund, as specified in Section 6z-68 of the State Finance | 12 |
| Act. | 13 |
| (3) Moneys sufficient to fund the foundation level | 14 |
| increase under Section 18-8.05 of this Code provided in | 15 |
| this amendatory Act of the 94th General Assembly .
| 16 |
| (Source: P.A. 86-18.)
| 17 |
| (105 ILCS 5/18-25 new) | 18 |
| Sec. 18-25. Education Assistance Fund Board. The Education | 19 |
| Assistance Fund Board is established. The Board shall consist | 20 |
| of 4 members of the General Assembly. The Senate President, the | 21 |
| Senate Minority Leader, the Speaker of the House of | 22 |
| Representatives, and the House Minority Leader shall each | 23 |
| appoint one member to the Board. The members of the Board shall | 24 |
| designate one of the members to serve as chairperson. All | 25 |
| members shall serve until their respective successors are | 26 |
| appointed or until they cease to be members of the General | 27 |
| Assembly, whichever occurs first. Vacancies shall be filled in | 28 |
| the same manner as the original appointments. | 29 |
| For school years after the 2005-2006 school year and every | 30 |
| 2 fiscal years thereafter, the Board must make a recommendation | 31 |
| to the General Assembly concerning appropriations from the | 32 |
| Education Assistance Fund. The Board must make its | 33 |
| recommendation to the General Assembly on April 1 of each even |
|
|
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| numbered year, beginning on April 1, 2008.
| 2 |
| Section 25. The Public Community College Act is amended by | 3 |
| changing Section 2-16.02 as follows:
| 4 |
| (110 ILCS 805/2-16.02) (from Ch. 122, par. 102-16.02)
| 5 |
| Sec. 2-16.02. Grants. Any community college district that | 6 |
| maintains a
community college recognized by the State Board | 7 |
| shall receive, when eligible,
grants enumerated in this | 8 |
| Section. Funded semester credit hours or other
measures or both | 9 |
| as specified by the State Board shall be used to distribute
| 10 |
| grants to community colleges. Funded semester credit hours | 11 |
| shall be defined,
for purposes of this Section, as the greater | 12 |
| of
(1) the number of semester credit hours, or equivalent, in | 13 |
| all funded
instructional categories of students who have been | 14 |
| certified as being in
attendance at midterm during the | 15 |
| respective terms of the base fiscal year or
(2) the average of | 16 |
| semester credit hours, or equivalent, in all funded
| 17 |
| instructional categories of students who have been certified as | 18 |
| being in
attendance at midterm during the respective terms of | 19 |
| the base fiscal year and
the 2 prior fiscal years. For purposes | 20 |
| of this Section, "base fiscal year"
means the fiscal year 2 | 21 |
| years prior to the fiscal year for which the grants are
| 22 |
| appropriated. Such students shall have been residents of | 23 |
| Illinois and shall
have been enrolled in courses that are part | 24 |
| of instructional program categories
approved by the State Board | 25 |
| and that are applicable toward an associate degree
or | 26 |
| certificate.
Courses that are eligible for reimbursement are | 27 |
| those courses for which
the district pays 50% or more of the | 28 |
| program costs from unrestricted
revenue sources, with the | 29 |
| exception of courses offered by contract with
the Department of | 30 |
| Corrections in correctional institutions. For the
purposes of | 31 |
| this Section, "unrestricted revenue sources" means those
| 32 |
| revenues in which the provider of the revenue imposes no |
|
|
|
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| financial
limitations upon the district as it relates to the | 2 |
| expenditure of the funds. | 3 |
| Base operating grants shall be paid based on rates per | 4 |
| funded
semester credit hour or equivalent calculated by the | 5 |
| State Board for funded
instructional categories using cost of | 6 |
| instruction, enrollment, inflation, and
other relevant | 7 |
| factors. A portion of the base operating grant shall be
| 8 |
| allocated on the basis of non-residential gross square footage | 9 |
| of space
maintained by the district. | 10 |
| Supplemental base operating grants shall be paid from the | 11 |
| Higher Education Operating Assistance Fund based on rates per | 12 |
| funded
semester credit hour or equivalent calculated by the | 13 |
| State Board for funded
instructional categories using cost of | 14 |
| instruction, enrollment, inflation, and
other relevant | 15 |
| factors. A portion of the supplemental base operating grant | 16 |
| shall be
allocated on the basis of non-residential gross square | 17 |
| footage of space
maintained by the district.
| 18 |
| Equalization grants shall be calculated by the State Board | 19 |
| by determining a
local revenue factor for each district by: (A) | 20 |
| adding (1)
each district's Corporate Personal Property | 21 |
| Replacement Fund
allocations from the base
fiscal year or the | 22 |
| average of the base fiscal year and prior year, whichever is
| 23 |
| less, divided by the applicable statewide average tax rate to | 24 |
| (2) the
district's most recently audited
year's equalized | 25 |
| assessed valuation or the average of the most recently audited
| 26 |
| year and prior year, whichever is less, (B) then dividing by | 27 |
| the district's
audited full-time equivalent resident students | 28 |
| for the base fiscal year or the
average for the base fiscal | 29 |
| year and the 2 prior fiscal years, whichever is
greater, and | 30 |
| (C) then multiplying by the applicable statewide average tax
| 31 |
| rate. The State Board
shall calculate a statewide weighted | 32 |
| average threshold by applying
the same methodology to the | 33 |
| totals of all districts' Corporate Personal
Property Tax | 34 |
| Replacement Fund allocations, equalized assessed valuations, |
|
|
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| 1 |
| and
audited full-time equivalent district resident students | 2 |
| and multiplying by the
applicable statewide average tax rate. | 3 |
| The difference between the statewide
weighted average | 4 |
| threshold and the local revenue
factor, multiplied by the | 5 |
| number of full-time equivalent resident students,
shall | 6 |
| determine the amount of equalization funding that each district | 7 |
| is
eligible to receive. A percentage factor, as determined by | 8 |
| the State Board,
may be applied to the statewide threshold as a | 9 |
| method for allocating
equalization funding. A minimum | 10 |
| equalization grant of an amount per district
as determined by | 11 |
| the State Board shall be established for any community college
| 12 |
| district which qualifies for an equalization grant based upon | 13 |
| the preceding
criteria, but becomes ineligible for | 14 |
| equalization funding, or would have
received a grant of less | 15 |
| than the minimum equalization grant, due to threshold
| 16 |
| prorations applied to reduce equalization funding.
As of July | 17 |
| 1, 2004, a community college district must maintain a
minimum | 18 |
| required combined in-district tuition and universal fee rate | 19 |
| per
semester credit hour equal to 85% of the State-average | 20 |
| combined rate, as
determined by the State Board, for | 21 |
| equalization funding. As of July 1,
2004, a community college | 22 |
| district must maintain a minimum required
operating tax rate | 23 |
| equal to at least 95% of its maximum authorized tax
rate to | 24 |
| qualify for equalization funding. This 95% minimum tax rate
| 25 |
| requirement shall be based upon the maximum operating tax rate | 26 |
| as
limited by the Property Tax Extension Limitation Law.
| 27 |
| The State Board shall distribute such other grants as may | 28 |
| be
authorized or appropriated by the General Assembly.
| 29 |
| Each community college district entitled to State grants | 30 |
| under this
Section must submit a report of its enrollment to | 31 |
| the State Board not later
than 30 days following the end of | 32 |
| each semester, quarter, or term in a
format prescribed by the | 33 |
| State Board. These semester credit hours, or
equivalent, shall | 34 |
| be certified by each district on forms provided by the
State |
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| Board. Each district's certified semester credit hours, or | 2 |
| equivalent,
are subject to audit pursuant to Section 3-22.1.
| 3 |
| The State Board shall certify, prepare, and submit to the | 4 |
| State Comptroller
during August, November, February, and May of | 5 |
| each fiscal year vouchers setting
forth an amount equal to 25% | 6 |
| of the grants approved by the State Board for base
operating | 7 |
| grants and equalization grants. The State Board shall prepare | 8 |
| and
submit to the State Comptroller vouchers for payments of | 9 |
| other grants as
appropriated by the General Assembly. If the | 10 |
| amount appropriated for grants
is different from the amount | 11 |
| provided for such grants under this Act, the
grants shall be | 12 |
| proportionately reduced or increased accordingly.
| 13 |
| For the purposes of this Section, "resident student" means | 14 |
| a student in a
community college district who maintains | 15 |
| residency in that district or
meets other residency definitions | 16 |
| established by the State Board, and who
was enrolled either in | 17 |
| one of the approved instructional program categories
in that | 18 |
| district, or in another community college district to which the
| 19 |
| resident's district is paying tuition under Section 6-2 or with | 20 |
| which the
resident's district has entered into a cooperative | 21 |
| agreement in lieu of such
tuition.
| 22 |
| For the purposes of this Section, a "full-time equivalent" | 23 |
| student is
equal to 30 semester credit hours.
| 24 |
| The Illinois Community College Board Contracts and Grants | 25 |
| Fund is hereby
created in the State Treasury. Items of income | 26 |
| to this fund shall include
any grants, awards, endowments, or | 27 |
| like proceeds, and where appropriate,
other funds made | 28 |
| available through contracts with governmental, public, and
| 29 |
| private agencies or persons. The General Assembly shall from | 30 |
| time to time
make appropriations payable from such fund for the | 31 |
| support, improvement,
and expenses of the State Board and | 32 |
| Illinois community college
districts.
| 33 |
| (Source: P.A. 93-21, eff. 7-1-03.)
|
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| Section 99. Effective date. This Act takes effect upon | 2 |
| becoming law.".
|
|