State of Illinois
90th General Assembly
Legislation

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90_HB1160

      30 ILCS 105/5.449 new
      35 ILCS 200/18-103 new
      105 ILCS 5/17-1.1 new
      105 ILCS 5/18-1.1 new
      105 ILCS 5/34-53.01 new
          Amends the Property Tax Code, the School  Code,  and  the
      State  Finance  Act.  Requires  the  State to levy annually a
      State school tax at the uniform rate of  3.94%  on  all  real
      property other than farmland and residential real property of
      less  than  6  units. Prohibits school districts from levying
      their educational purposes tax on property that is subject to
      the State school tax. Provides for deposit  of  State  school
      tax  revenues  in  the  School Property Tax Reduction Fund, a
      special  fund  created  in  the  State  treasury,   and   for
      distribution,  pursuant  to appropriation, by the State Board
      of Education to school districts of the State  in  proportion
      to  the  State  aid the districts receive under the State aid
      formula. Effective July 1, 1997.
                                                     LRB9004271KDks
                                               LRB9004271KDks
 1        AN ACT relating to property taxes, amending named Acts.
 2        Be it enacted by the People of  the  State  of  Illinois,
 3    represented in the General Assembly:
 4        Section  5.  The  State  Finance Act is amended by adding
 5    Section 5.449 as follows:
 6        (30 ILCS 105/5.449 new)
 7        Sec. 5.449.  The School Property Tax Reduction Fund.
 8        Section 10.  The Property Tax Code is amended  by  adding
 9    Section 18-103 as follows:
10        (35 ILCS 200/18-103 new)
11        Sec.   18-103.  There  shall  be  annually  extended  and
12    collected at the same time and in the same  manner  as  other
13    real  property  taxes, on the equalized assessed value of all
14    real property, other than residential real property  of  less
15    than  6 units and other than farmland, in this State, a State
16    school tax at the rate of 3.94%.   Each  county  clerk  shall
17    extend the tax and the county collector shall collect the tax
18    and  remit  the  proceeds  to  the  Department of Revenue for
19    deposit into  the  School  Property  Tax  Reduction  Fund,  a
20    special  fund  in the State treasury which is hereby created.
21    The county  clerk  shall  annually  certify  to  each  school
22    district  for  which  the  county clerk extends real property
23    taxes the equalized assessed value of all  real  property  in
24    the  district  upon which the State school tax is not imposed
25    and the equalized assessed value of all real property in  the
26    district upon which the State school tax is imposed.
27        Section   15.  The  School  Code  is  amended  by  adding
28    Sections 17-1.1, 18-1.1 and 34-53.01 as follows:
                            -2-                LRB9004271KDks
 1        (105 ILCS 5/17-1.1 new)
 2        Sec. 17-1.1.  Tax levy limitation.   Notwithstanding  any
 3    other  provision  of  this  Article or the School Code or any
 4    other law of this  State,  no  school  board  of  any  school
 5    district shall have any authority in any year to levy its tax
 6    for  educational  purposes  upon  the  value, as equalized or
 7    assessed  by  the  Department  of  Revenue,  of  any  taxable
 8    property of the district that is subject to the State  school
 9    tax  that  is levied under Section 18-103 of the Property Tax
10    Code.
11        (105 ILCS 5/18-1.1 new)
12        Sec.  18-1.1.  School  Property   Tax   Reduction   Fund;
13    distribution.   All  moneys  deposited in the School Property
14    Tax Reduction Fund pursuant to Section 18-103 of the Property
15    Tax  Code  shall  be  appropriated  to  the  State  Board  of
16    Education for distribution to school districts to be  applied
17    by  such  districts to their respective funds established for
18    educational purposes.  Moneys shall  be  distributed  by  the
19    State  Board  of  Education  to  each  of  the several school
20    districts of this State in proportion to the amount of  State
21    aid  that  is distributed to those school districts under the
22    provisions of Section 18-8.
23        (105 ILCS 5/34-53.01 new)
24        Sec. 34-53.01.  Tax levy limitation.  Notwithstanding any
25    other provision of this Article or the  School  Code  or  any
26    other  law  of this State, neither the board of education nor
27    the authorities of  the  district  or  city  shall  have  any
28    authority  in  any  year  to  levy  its  tax  for educational
29    purposes upon the value, as  equalized  or  assessed  by  the
30    Department  of  Revenue,  of  any  taxable  property  of  the
31    district  that  is  subject  to  the State school tax that is
32    levied under Section 18-103 of the Property Tax Code.
                            -3-                LRB9004271KDks
 1        Section 99.  Effective date.  This Act takes effect  July
 2    1, 1997.

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