Full Text of HB1122 100th General Assembly
HB1122ham001 100TH GENERAL ASSEMBLY | Rep. Fred Crespo Filed: 3/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 1122
| 2 | | AMENDMENT NO. ______. Amend House Bill 1122 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The Property Tax Code is amended by adding | 5 | | Division 7 to Article 18 and by changing Section 20-15 as | 6 | | follows: | 7 | | (35 ILCS 200/Art. 18 Div. 7 heading new) | 8 | | Division 7. School District Extension Freeze Law | 9 | | (35 ILCS 200/18-280 new) | 10 | | Sec. 18-280. Short title. This Division 7 may be cited as | 11 | | the School District Extension Freeze Law. | 12 | | (35 ILCS 200/18-285 new) | 13 | | Sec. 18-285. Limitation. | 14 | | (a) If, at the end of any levy year, any school district |
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| 1 | | has reserves of 50% or more in its educational fund, as | 2 | | determined by the State Board of Education, then, for the next | 3 | | levy year, the county clerk shall extend a rate for that | 4 | | district for educational purposes that is no greater than the | 5 | | educational limiting rate. | 6 | | (b) Each school district shall transmit to the State Board | 7 | | of Education any information required by the State Board of | 8 | | Education, by rule, for the purposes of making the | 9 | | determination required under this Section. | 10 | | (c) In the case of a school district that is subject to | 11 | | both the Property Tax Extension Limitation Law and this Law for | 12 | | a particular levy year, the county clerk shall calculate 2 | 13 | | separate limiting rates, one for educational purposes under | 14 | | this Section and one for the sum of all other funds that are | 15 | | included in the district's aggregate extension under the | 16 | | Property Tax Extension Limitation Law. | 17 | | (d) For a school district that has reserves of 50% or more | 18 | | but not more than 60% in its educational fund at the end of the | 19 | | immediately preceding levy year, as determined by the State | 20 | | Board of Education, "educational limiting rate" means a | 21 | | fraction the numerator of which is the district's last | 22 | | preceding extension for educational purposes and the | 23 | | denominator of which is the current year's equalized assessed | 24 | | value of all real property in the territory under the | 25 | | jurisdiction of the district during the prior levy year. For a | 26 | | school district that has reserves of 60% or more at the end of |
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| 1 | | the immediately preceding levy year, as determined by the State | 2 | | Board of Education, "educational limiting rate" means a | 3 | | fraction (i) the numerator of which is the district's last | 4 | | preceding extension for educational purposes minus the | 5 | | difference between the district's educational reserve amount | 6 | | for the immediately preceding levy year and a reserve amount of | 7 | | 60% for that levy year and (ii) the denominator of which is the | 8 | | current year's equalized assessed value of all real property in | 9 | | the territory under the jurisdiction of the taxing district | 10 | | during the prior levy year. In either case, the denominator | 11 | | shall not include new property or the recovered tax increment | 12 | | value, as defined in the Property Tax Extension Limitation Law. | 13 | | (35 ILCS 200/18-290 new) | 14 | | Sec. 18-290. Referendum to increase the educational | 15 | | limiting rate. A school district may increase its educational | 16 | | limiting rate for one or more levy years if the district holds | 17 | | a referendum before the levy date for the first levy year at | 18 | | which a majority of voters voting on the issue approves the | 19 | | higher educational limiting rate. Referenda shall be conducted | 20 | | at a regularly scheduled election in accordance with the | 21 | | Election Code. The question shall be presented in substantially | 22 | | the following manner: | 23 | | Shall the educational limiting rate for (school | 24 | | district) be increased from (applicable educational | 25 | | limiting rate) to (insert proposed educational limiting |
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| 1 | | rate) for (insert each levy year for which the increased | 2 | | extension limitation will apply)? | 3 | | The votes must be recorded as "Yes" or "No". | 4 | | If a majority of voters voting on the issue approves the | 5 | | adoption of the increase, the increase shall be applicable for | 6 | | each levy year specified.
| 7 | | (35 ILCS 200/20-15)
| 8 | | Sec. 20-15. Information on bill or separate statement. | 9 | | There shall be
printed on each bill, or on a separate slip | 10 | | which shall be mailed with the
bill:
| 11 | | (a) a statement itemizing the rate at which taxes have | 12 | | been extended for
each of the taxing districts in the | 13 | | county in whose district the property is
located, and in | 14 | | those counties utilizing
electronic data processing | 15 | | equipment the dollar amount of tax due from the
person | 16 | | assessed allocable to each of those taxing districts, | 17 | | including a
separate statement of the dollar amount of tax | 18 | | due which is allocable to a tax
levied under the Illinois | 19 | | Local Library Act or to any other tax levied by a
| 20 | | municipality or township for public library purposes,
| 21 | | (b) a separate statement for each of the taxing | 22 | | districts of the dollar
amount of tax due which is | 23 | | allocable to a tax levied under the Illinois Pension
Code | 24 | | or to any other tax levied by a municipality or township | 25 | | for public
pension or retirement purposes,
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| 1 | | (c) the total tax rate,
| 2 | | (d) the total amount of tax due, and
| 3 | | (e) the amount by which the total tax and the tax | 4 | | allocable to each taxing
district differs from the | 5 | | taxpayer's last prior tax bill , and .
| 6 | | (f) if the property is located in a school district | 7 | | that had its extension for educational purposes reduced by | 8 | | operation of the School District Extension Freeze Law | 9 | | because it retained reserves of 60% or more at the end of | 10 | | the immediately preceding levy year, then a separate | 11 | | statement setting forth the amount by which the extension | 12 | | for educational purposes was reduced. | 13 | | The county treasurer shall ensure that only those taxing | 14 | | districts in
which a parcel of property is located shall be | 15 | | listed on the bill for that
property.
| 16 | | In all counties the statement shall also provide:
| 17 | | (1) the property index number or other suitable | 18 | | description,
| 19 | | (2) the assessment of the property,
| 20 | | (3) the statutory amount of each homestead exemption | 21 | | applied to the property, | 22 | | (4) the assessed value of the property after | 23 | | application of all homestead exemptions,
| 24 | | (5) the equalization factors imposed by the county and | 25 | | by the Department,
and
| 26 | | (6) the equalized assessment resulting from the |
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| 1 | | application of the
equalization factors to the basic | 2 | | assessment.
| 3 | | In all counties which do not classify property for purposes | 4 | | of taxation, for
property on which a single family residence is | 5 | | situated the statement shall
also include a statement to | 6 | | reflect the fair cash value determined for the
property. In all | 7 | | counties which classify property for purposes of taxation in
| 8 | | accordance with Section 4 of Article IX of the Illinois | 9 | | Constitution, for
parcels of residential property in the lowest | 10 | | assessment classification the
statement shall also include a | 11 | | statement to reflect the fair cash value
determined for the | 12 | | property.
| 13 | | In all counties, the statement must include information | 14 | | that certain
taxpayers may be eligible for tax exemptions, | 15 | | abatements, and other assistance programs and that, for more | 16 | | information, taxpayers should consult with the office of their | 17 | | township or county assessor and with the Illinois Department of | 18 | | Revenue.
| 19 | | In all counties, the statement shall include information | 20 | | that certain
taxpayers may be eligible for the Senior Citizens | 21 | | and Persons with Disabilities Property
Tax Relief Act and that | 22 | | applications are
available from the Illinois Department on | 23 | | Aging.
| 24 | | In counties which use the estimated or accelerated billing | 25 | | methods, these
statements shall only be provided with the final | 26 | | installment of taxes due. The
provisions of this Section create |
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| 1 | | a mandatory statutory duty. They are not
merely directory or | 2 | | discretionary. The failure or neglect of the collector to
mail | 3 | | the bill, or the failure of the taxpayer to receive the bill, | 4 | | shall not
affect the validity of any tax, or the liability for | 5 | | the payment of any tax.
| 6 | | (Source: P.A. 98-93, eff. 7-16-13; 99-143, eff. 7-27-15.)
| 7 | | Section 99. Effective date. This Act takes effect July 1, | 8 | | 2018.".
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