Full Text of SB2772 101st General Assembly
SB2772 101ST GENERAL ASSEMBLY |
| | 101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020 SB2772 Introduced 2/4/2020, by Sen. Dan McConchie SYNOPSIS AS INTRODUCED: |
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Amends the Property Tax Code. In a Section concerning a reduced extension for a school district's educational purposes, provides that the Section applies if the school district's final percent of adequacy (currently, adequacy target) exceeds 110%. Provides that the referendum petition for the reduction shall be submitted to and certified by the school board's secretary (currently, the applicable election authority). Effective immediately.
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| | FISCAL NOTE ACT MAY APPLY | | HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
| | A BILL FOR |
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| 1 | | AN ACT concerning revenue.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The Property Tax Code is amended by changing | 5 | | Section 18-206 as follows: | 6 | | (35 ILCS 200/18-206) | 7 | | Sec. 18-206. Decrease in extension for educational | 8 | | purposes. | 9 | | (a) Notwithstanding any other provision of law, for those | 10 | | school districts whose final percent of adequacy targets , as | 11 | | defined in Section 18-8.15 of this Code, exceeds exceed 110% | 12 | | for the school year that begins during the calendar year | 13 | | immediately preceding the levy year for which the reduction | 14 | | under this Section is sought, the question of whether the | 15 | | school district shall reduce its extension for educational | 16 | | purposes for the levy year in which the election is held to an | 17 | | amount that is less than the extension for educational purposes | 18 | | for the immediately preceding levy year shall be submitted to | 19 | | the voters of the school district at the next consolidated | 20 | | election but only upon submission of a petition signed by not | 21 | | fewer than 10% of the registered voters in the school district. | 22 | | In no event shall the reduced extension be more than 10% lower | 23 | | than the amount extended for educational purposes in the |
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| 1 | | previous levy year, and in no event shall the reduction cause | 2 | | the school district's final percent of adequacy target to fall | 3 | | below 110% for the levy year for which the reduction is sought. | 4 | | (b) The petition shall be filed with the school board's | 5 | | secretary applicable election authority, as defined in Section | 6 | | 1-3 of the Election Code, or, in the case of multiple election | 7 | | authorities, with the State Board of Elections, not less more | 8 | | than 92 days 10 months nor less than 6 months prior to the | 9 | | election at which the question is to be submitted to the | 10 | | voters, and its validity shall be determined as provided by | 11 | | Article 28 of the Election Code and general election law. The | 12 | | school board's secretary election authority or Board, as | 13 | | applicable, shall certify the question and the proper election | 14 | | authority or authorities shall submit the question to the | 15 | | voters. Except as otherwise provided in this Section, this | 16 | | referendum shall be subject to all other general election law | 17 | | requirements. | 18 | | (c) The proposition seeking to reduce the extension for | 19 | | educational purposes shall be in substantially the following | 20 | | form: | 21 | | Shall the amount extended for educational purposes by | 22 | | (school district) be reduced from (previous levy year's | 23 | | extension) to (proposed extension) for (levy year), but in | 24 | | no event lower than the amount required to maintain a final | 25 | | percent of an adequacy target of 110%? | 26 | | Votes shall be recorded as "Yes" or "No". |
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| 1 | | If a majority of all votes cast on the proposition are in | 2 | | favor of the proposition, then, for the levy year in which the | 3 | | election is held, the amount extended by the school district | 4 | | for educational purposes shall be reduced as provided in the | 5 | | referendum; however, in no event shall the reduction exceed the | 6 | | amount that would cause the school district to have a final | 7 | | percent of an adequacy target of 110% for the applicable school | 8 | | year. | 9 | | Once the question is submitted to the voters, then the | 10 | | question may not be submitted again for the same school | 11 | | district at any of the next 2 consolidated elections. | 12 | | (d) For school districts that approve a reduction under | 13 | | this Section, the county clerk shall extend a rate for | 14 | | educational purposes that is no greater than the limiting rate | 15 | | for educational purposes. If the school district is otherwise | 16 | | subject to this Law for the applicable levy year, then, for the | 17 | | levy year in which the reduction occurs, the county clerk shall | 18 | | calculate separate limiting rates for educational purposes and | 19 | | for the aggregate of the school district's other funds. | 20 | | As used in this Section: | 21 | | "School district" means each school district in the State, | 22 | | regardless of whether or not that school district is otherwise | 23 | | subject to this Law. | 24 | | "Limiting rate for educational purposes" means a fraction | 25 | | the numerator of which is the greater of (i) the amount | 26 | | approved by the voters in the referendum under subsection (c) |
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| 1 | | of this Section or (ii) the amount that would cause the school | 2 | | district to have a final percent of an adequacy target of 110% | 3 | | for the applicable school year, but in no event more than the | 4 | | school district's extension for educational purposes in the | 5 | | immediately preceding levy year, and the denominator of which | 6 | | is the current year's equalized assessed value of all real | 7 | | property under the jurisdiction of the school district during | 8 | | the prior levy year.
| 9 | | (Source: P.A. 100-465, eff. 8-31-17.)
| 10 | | Section 99. Effective date. This Act takes effect upon | 11 | | becoming law.
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