HB5028 101ST GENERAL ASSEMBLY

LRB101 16905 NHT 66304 b

101ST GENERAL ASSEMBLY
State of Illinois
2019 and 2020
HB5028

Introduced 2/18/2020, by Rep. Avery Bourne

SYNOPSIS AS INTRODUCED:

105 ILCS 5/2-3.170
105 ILCS 5/2-3.170a new

Amends the School Code. Requires the State Board of Education to provide grants to eligible school districts to recoup lost revenue due to an industrial facility or plant closure that is the result of a change in State law or rules. Provides that in order to be eligible for a grant, the industrial facility or plant closure must result in the school district losing at least 15% of its local resource revenue in the preceding tax year during the tax year in which the industrial facility or plant closure takes place. Provides that funding for grants shall come from funds appropriated to the State Board of Education for property tax relief pool grants and a school district is eligible for a grant in the amount of 50% of the lost revenue due to the industrial facility or plant closure. Provides for rulemaking. Effective immediately.

FISCAL NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning education.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Section 2-3.170 and by adding Section 2-3.170a as follows:

(105 ILCS 5/2-3.170)

Sec. 2-3.170. Property tax relief pool grants.

(a) As used in this Section,

"EAV" means equalized assessed valuation as defined under Section 18-8.15 of this Code.

"Property tax multiplier" equals one minus the square of the school district's Local Capacity Percentage, as defined in Section 18-8.15 of this Code.

"Local capacity percentage multiplier" means one minus the school district's Local Capacity Percentage, as defined in Section 18-8.15.

"State Board" means the State Board of Education.

(b) Subject to appropriation, the State Board shall provide grants to eligible school districts that provide tax relief to the school district's residents, which may be no greater than 1% of EAV for a unit district, 0.69% of EAV for an elementary school district, or 0.31% of EAV for a high school district, as provided in this Section.

(b-5) School districts may apply for property tax relief under this Section concurrently to setting their levy for the fiscal year. The intended relief may not be greater than 1% of the EAV for a unit district, 0.69% of the EAV for an elementary school district, or 0.31% of the EAV for a high school district, multiplied by the school district's local capacity percentage multiplier. The State Board shall process applications for relief, providing a grant to those districts with the highest operating tax rate, as determined by those districts with the highest percentage of the simple average operating tax rate of districts of the same type, either elementary, high school, or unit, first, in an amount equal to the intended relief multiplied by the property tax multiplier. The State Board shall provide grants to school districts in order of priority until the property tax relief pool is exhausted. If more school districts apply for relief under this subsection than there are funds available, the State Board must distribute the grants and prorate any remaining funds to the final school district that qualifies for grant relief. The abatement amount for that district must be equal to the grant amount divided by the property tax multiplier.

If a school district receives the State Board's approval of a grant under this Section by March 1 of the fiscal year, the school district shall present a duly authorized and approved abatement resolution by March 30 of the fiscal year to the county clerk of each county in which the school files its levy, authorizing the county clerk to lower the school district's levy by the amount designated in its application to the State Board. When the preceding requisites are satisfied, the county clerk shall reduce the amount collected for the school district by the amount indicated in the school district's abatement resolution for that fiscal year.

(c) (Blank).

(d) School districts seeking grants under this Section shall apply to the State Board each year. All applications to the State Board for grants shall include the amount of the tax relief intended by the school district.

(e) Each year, based on the most recent available data provided by school districts pursuant to Section 18-8.15 of this Code, the State Board shall calculate the order of priority for grant eligibility under subsection (b-5) and publish a list of the school districts eligible for relief. The State Board shall provide grants in the manner provided under subsection (b-5).

(f) The State Board shall publish a final list of eligible grant recipients and provide payment of the grants by March 1 of each year.

(g) If notice of eligibility from the State Board is received by a school district by March 1, then by March 30, the school district shall file an abatement of its property tax levy in an amount equal to the grant received under this Section divided by the property tax multiplier. Payment of all grant amounts shall be made by June 1 each fiscal year. The State Superintendent of Education shall establish the timeline in such cases in which notice cannot be made by March 1.

(h) The total property tax relief allowable to a school district under this Section shall be calculated based on the total amount of reduction in the school district's aggregate extension. The total grant shall be equal to the reduction, multiplied by the property tax multiplier. The reduction shall be equal to 1% of a district's EAV for a unit school district, 0.69% for an elementary school district, or 0.31% for a high school district, multiplied by the school district's local capacity percentage multiplier.

(i) Appropriations for grants under this Section shall be allocated as provided in subsection (b) of Section 2-3.170a. If the State Board does not expend all appropriations allocated pursuant to this Section and Section 2-3.170a, then any remaining funds shall be allocated pursuant to Section 18-8.15 of this Code.

(j) The State Board shall prioritize payments under Section 18-8.15 of this Code over payments under this Section, if necessary.

(k) Any grants received by a school district shall be included in future calculations of that school district's Base Funding Minimum under Section 18-8.15 of this Code. Beginning with Fiscal Year 2020, if a school district receives a grant under this Section, the school district must present to the county clerk a duly authorized and approved abatement resolution by March 30 for the year in which the school district receives the grant and the successive fiscal year following the receipt of the grant, authorizing the county clerk to lower the school district's levy by the amount designated in its original application to the State Board. After receiving a resolution, the county clerk must reduce the amount collected for the school district by the amount indicated in the school district's abatement resolution for that fiscal year. If a school district does not abate in this amount for the successive fiscal year, the grant amount may not be included in the school district's Base Funding Minimum under Section 18-8.15 in the fiscal year following the tax year in which the abatement is not authorized and in any future fiscal year thereafter, and the county clerk must notify the State Board of the increase no later 30 days after it occurs.

(l) In the tax year following receipt of a Property Tax Pool Relief Grant, the aggregate levy of any school district receiving a grant under this Section, for purposes of the Property Tax Extension Limitation Law, shall include the tax relief the school district provided in the previous taxable year under this Section.

(Source: P.A. 100-465, eff. 8-31-17; 100-582, eff. 3-23-18; 100-863, eff. 8-14-18; 101-17, eff. 6-14-19.)

(105 ILCS 5/2-3.170a new)

Sec. 2-3.170a. Plant closure grants.

(a) The State Board of Education shall provide grants to eligible school districts to recoup lost revenue due to an industrial facility or plant closure that is the result of a change in State law or rules. In order to be eligible for a grant under this Section, the industrial facility or plant closure must result in the school district losing at least 15% of its local resource revenue in the preceding tax year during the tax year in which the industrial facility or plant closure takes place.

(b) Funding for grants under this Section shall come from funds appropriated to the State Board of Education for property tax relief pool grants under Section 2-3.170; however, grants provided under this Section shall constitute no more than 2% of all funds appropriated for grants under Section 2-3.170 in a given school year. If fewer than 2% of funds appropriated under Section 2-3.170 are used for grants under this Section, then those remaining funds shall be used for property tax relief pool grants as provided for in Section 2-3.170.

(c) A school district seeking a grant under this Section shall apply for a grant in the tax year in which the closure takes place. A school district is eligible for a grant in the amount of 50% of the lost revenue due to the industrial facility or plant closure.

(d) A grant received by a school district under this Section shall be included in the calculation of that school district's Base Funding Minimum under Section 18-8.15.

(e) The State Board of Education shall adopt any rules necessary to implement this Section, including consulting with the Department of Commerce and Economic Opportunity in adopting rules to determine if an industrial facility or plant closure is the result of a change in State law or rules.

Section 99. Effective date. This Act takes effect upon becoming law.