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
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by adding
5Division 7 to Article 18 and by changing Section 20-15 as
6follows:
 
7    (35 ILCS 200/Art. 18 Div. 7 heading new)
8
Division 7. School District Extension Freeze Law

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

 

 

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

 

 

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1the immediately preceding levy year, as determined by the State
2Board of Education, "educational limiting rate" means a
3fraction (i) the numerator of which is the district's last
4preceding extension for educational purposes minus the
5difference between the district's educational reserve amount
6for the immediately preceding levy year and a reserve amount of
760% for that levy year and (ii) the denominator of which is the
8current year's equalized assessed value of all real property in
9the territory under the jurisdiction of the taxing district
10during the prior levy year. In either case, the denominator
11shall not include new property or the recovered tax increment
12value, 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
15limiting rate. A school district may increase its educational
16limiting rate for one or more levy years if the district holds
17a referendum before the levy date for the first levy year at
18which a majority of voters voting on the issue approves the
19higher educational limiting rate. Referenda shall be conducted
20at a regularly scheduled election in accordance with the
21Election Code. The question shall be presented in substantially
22the 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
5adoption of the increase, the increase shall be applicable for
6each levy year specified.
 
7    (35 ILCS 200/20-15)
8    Sec. 20-15. Information on bill or separate statement.
9There shall be printed on each bill, or on a separate slip
10which 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
14districts in which a parcel of property is located shall be
15listed 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
4of taxation, for property on which a single family residence is
5situated the statement shall also include a statement to
6reflect the fair cash value determined for the property. In all
7counties which classify property for purposes of taxation in
8accordance with Section 4 of Article IX of the Illinois
9Constitution, for parcels of residential property in the lowest
10assessment classification the statement shall also include a
11statement to reflect the fair cash value determined for the
12property.
13    In all counties, the statement must include information
14that certain taxpayers may be eligible for tax exemptions,
15abatements, and other assistance programs and that, for more
16information, taxpayers should consult with the office of their
17township or county assessor and with the Illinois Department of
18Revenue.
19    In all counties, the statement shall include information
20that certain taxpayers may be eligible for the Senior Citizens
21and Persons with Disabilities Property Tax Relief Act and that
22applications are available from the Illinois Department on
23Aging.
24    In counties which use the estimated or accelerated billing
25methods, these statements shall only be provided with the final
26installment of taxes due. The provisions of this Section create

 

 

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1a mandatory statutory duty. They are not merely directory or
2discretionary. The failure or neglect of the collector to mail
3the bill, or the failure of the taxpayer to receive the bill,
4shall not affect the validity of any tax, or the liability for
5the 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,
82018.".