Full Text of HB1123 100th General Assembly
HB1123ham001 100TH GENERAL ASSEMBLY | Rep. Fred Crespo Filed: 3/24/2017
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| 1 | | AMENDMENT TO HOUSE BILL 1123
| 2 | | AMENDMENT NO. ______. Amend House Bill 1123 by replacing | 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 of its operating budget, 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 all 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, | 12 | | the provisions of the Property Tax Extension Limitation Law | 13 | | shall be suspended for that district for any levy year in which | 14 | | the district is subject to the educational limiting rate under | 15 | | this Division. | 16 | | (d) For a school district that has reserves of 50% or more | 17 | | but not more than 60% of its operating budget at the end of the | 18 | | immediately preceding levy year, as determined by the State | 19 | | Board of Education, "educational limiting rate" means a | 20 | | fraction the numerator of which is the district's last | 21 | | preceding extension for all purposes and the denominator of | 22 | | which is the current year's equalized assessed value of all | 23 | | real property in the territory under the jurisdiction of the | 24 | | district during the prior levy year. For a school district that | 25 | | has reserves of 60% or more of its operating budget at the end | 26 | | of the immediately preceding levy year, as determined by the |
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| 1 | | State Board of Education, "educational limiting rate" means a | 2 | | fraction (i) the numerator of which is the district's last | 3 | | preceding extension for all purposes minus the difference | 4 | | between the district's reserve amount for the immediately | 5 | | preceding levy year and a reserve amount of 60% for that levy | 6 | | year and (ii) the denominator of which is the current year's | 7 | | equalized assessed value of all real property in the territory | 8 | | under the jurisdiction of the taxing district during the prior | 9 | | levy year. In either case, the denominator shall not include | 10 | | new property or the recovered tax increment value, as defined | 11 | | in the Property Tax Extension Limitation Law. | 12 | | (35 ILCS 200/18-290 new) | 13 | | Sec. 18-290. Referendum to increase the educational | 14 | | limiting rate. A school district may increase its educational | 15 | | limiting rate for one or more levy years if the district holds | 16 | | a referendum before the levy date for the first levy year at | 17 | | which a majority of voters voting on the issue approves the | 18 | | higher educational limiting rate. Referenda shall be conducted | 19 | | at a regularly scheduled election in accordance with the | 20 | | Election Code. The question shall be presented in substantially | 21 | | the following manner: | 22 | | Shall the educational limiting rate for (school | 23 | | district) be increased from (applicable educational | 24 | | limiting rate) to (insert proposed educational limiting | 25 | | rate) for (insert each levy year for which the increased |
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| 1 | | extension limitation will apply)? | 2 | | The votes must be recorded as "Yes" or "No". | 3 | | If a majority of voters voting on the issue approves the | 4 | | adoption of the increase, the increase shall be applicable for | 5 | | each levy year specified.
| 6 | | (35 ILCS 200/20-15)
| 7 | | Sec. 20-15. Information on bill or separate statement. | 8 | | There shall be
printed on each bill, or on a separate slip | 9 | | which shall be mailed with the
bill:
| 10 | | (a) a statement itemizing the rate at which taxes have | 11 | | been extended for
each of the taxing districts in the | 12 | | county in whose district the property is
located, and in | 13 | | those counties utilizing
electronic data processing | 14 | | equipment the dollar amount of tax due from the
person | 15 | | assessed allocable to each of those taxing districts, | 16 | | including a
separate statement of the dollar amount of tax | 17 | | due which is allocable to a tax
levied under the Illinois | 18 | | Local Library Act or to any other tax levied by a
| 19 | | municipality or township for public library purposes,
| 20 | | (b) a separate statement for each of the taxing | 21 | | districts of the dollar
amount of tax due which is | 22 | | allocable to a tax levied under the Illinois Pension
Code | 23 | | or to any other tax levied by a municipality or township | 24 | | for public
pension or retirement purposes,
| 25 | | (c) the total tax rate,
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| 1 | | (d) the total amount of tax due, and
| 2 | | (e) the amount by which the total tax and the tax | 3 | | allocable to each taxing
district differs from the | 4 | | taxpayer's last prior tax bill , and .
| 5 | | (f) if the property is located in a school district | 6 | | that had its extension reduced by operation of the School | 7 | | District Extension Freeze Law because it retained reserves | 8 | | of 60% or more at the end of the immediately preceding levy | 9 | | year, then a separate statement setting forth the amount by | 10 | | which the extension for educational purposes was reduced. | 11 | | The county treasurer shall ensure that only those taxing | 12 | | districts in
which a parcel of property is located shall be | 13 | | listed on the bill for that
property.
| 14 | | In all counties the statement shall also provide:
| 15 | | (1) the property index number or other suitable | 16 | | description,
| 17 | | (2) the assessment of the property,
| 18 | | (3) the statutory amount of each homestead exemption | 19 | | applied to the property, | 20 | | (4) the assessed value of the property after | 21 | | application of all homestead exemptions,
| 22 | | (5) the equalization factors imposed by the county and | 23 | | by the Department,
and
| 24 | | (6) the equalized assessment resulting from the | 25 | | application of the
equalization factors to the basic | 26 | | assessment.
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| 1 | | In all counties which do not classify property for purposes | 2 | | of taxation, for
property on which a single family residence is | 3 | | situated the statement shall
also include a statement to | 4 | | reflect the fair cash value determined for the
property. In all | 5 | | counties which classify property for purposes of taxation in
| 6 | | accordance with Section 4 of Article IX of the Illinois | 7 | | Constitution, for
parcels of residential property in the lowest | 8 | | assessment classification the
statement shall also include a | 9 | | statement to reflect the fair cash value
determined for the | 10 | | property.
| 11 | | In all counties, the statement must include information | 12 | | that certain
taxpayers may be eligible for tax exemptions, | 13 | | abatements, and other assistance programs and that, for more | 14 | | information, taxpayers should consult with the office of their | 15 | | township or county assessor and with the Illinois Department of | 16 | | Revenue.
| 17 | | In all counties, the statement shall include information | 18 | | that certain
taxpayers may be eligible for the Senior Citizens | 19 | | and Persons with Disabilities Property
Tax Relief Act and that | 20 | | applications are
available from the Illinois Department on | 21 | | Aging.
| 22 | | In counties which use the estimated or accelerated billing | 23 | | methods, these
statements shall only be provided with the final | 24 | | installment of taxes due. The
provisions of this Section create | 25 | | a mandatory statutory duty. They are not
merely directory or | 26 | | discretionary. The failure or neglect of the collector to
mail |
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| 1 | | the bill, or the failure of the taxpayer to receive the bill, | 2 | | shall not
affect the validity of any tax, or the liability for | 3 | | the payment of any tax.
| 4 | | (Source: P.A. 98-93, eff. 7-16-13; 99-143, eff. 7-27-15.)
| 5 | | Section 99. Effective date. This Act takes effect July 1, | 6 | | 2018.".
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