State of Illinois
90th General Assembly
Legislation

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90_HB2410

      30 ILCS 105/5.449 new
      30 ILCS 105/6z-45 new
      35 ILCS 200/18-162 new
          Amends the Property Tax Code.  Provides that  the  county
      clerk  shall  abate the tax extended for educational purposes
      on property that (i) is owned by an individual  68  years  of
      age  or  older  and  (ii) qualifies for the General Homestead
      Exemption under the Code.  Provides that the taxes  shall  be
      abated  on  a  prorata  basis.  Provides  that  the aggregate
      abatement shall be in an amount equal to the balance  in  the
      Senior  Citizens  Property Tax Reduction Fund or an amount to
      abate 100% of the taxes levied for  educational  purposes  on
      eligible  properties,  whichever  is  less. Provides that the
      county clerk shall annually transfer an amount equal  to  the
      amount of the abatement in the school district to that school
      district.   Requires   the   State  Comptroller  to  annually
      determine the State revenue surplus for the preceding  fiscal
      year  by  subtracting expenditures out of the General Revenue
      Fund from receipts into that Fund during the preceding fiscal
      year. Provides that an amount equal to  the  revenue  surplus
      for  the  preceding  fiscal  year shall be deposited into the
      Senior  Citizens  Property  Tax  Reduction   Fund   for   the
      abatement.   Provides  that  any  surplus  in  the Fund after
      distribution to the county collectors shall be transferred to
      the General Revenue Fund.  Amends the State  Finance  Act  to
      create the Senior Citizens Property Tax Reduction Fund. Makes
      other changes.  Effective immediately.
                                                    LRB9007717KDpcA
                                              LRB9007717KDpcA
 1        AN ACT in relation to taxes.
 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 and 6z-45 as follows:
 6        (30 ILCS 105/5.449 new)
 7        Sec.  5.449.  The  Senior  Citizen Property Tax Reduction
 8    Fund.
 9        (30 ILCS 105/6z-45 new)
10        Sec. 6z-45.  The Senior Citizen  Property  Tax  Reduction
11    Fund.  As soon as possible after July 1, 1998 and each July 1
12    thereafter,  the  State  Treasurer  shall determine the State
13    revenue surplus for the preceding fiscal year.   The  revenue
14    surplus  shall  be determined by subtracting expenditures out
15    of the General Revenue Fund  from  receipts  into  that  Fund
16    during  the preceding fiscal year.  On or before September 1,
17    1998 and each September 1 thereafter, the  State  Comptroller
18    shall transfer an amount equal to the revenue surplus for the
19    preceding  fiscal  year  into the Senior Citizen Property Tax
20    Reduction Fund, which is created as a  special  fund  in  the
21    State  treasury.   On  or  before  December  1, 1998 and each
22    December  1  thereafter,  moneys  in  the   Fund   shall   be
23    transferred  to   the county collectors for the tax abatement
24    provided for in Section 18-162 of the Property Tax Code.
25        Section 10. The Property Tax Code is  amended  by  adding
26    Section 18-162 as follows:
27        (35 ILCS 200/18-162 new)
28        Sec. 18-162. Senior citizens school tax abatement.
                            -2-               LRB9007717KDpcA
 1        (a)  In  extending,  during  calendar  year 1999 and each
 2    calendar year thereafter, the educational purposes  tax  levy
 3    for  the  immediately  preceding calendar year of each school
 4    district in the county, the county clerk shall abate the  tax
 5    levied  by  each  school district on eligible property in the
 6    county that (i) is owned by an individual who is 68 years  of
 7    age  or  older  and  (ii) qualifies for the General Homestead
 8    Exemption under  Section  15-175.   The  aggregate  abatement
 9    shall be an amount equal to the amount received by the county
10    collector  for the year from the Senior Citizens Property Tax
11    Reduction Fund as provided in  Section  6z-45  of  the  State
12    Finance  Act.   The  tax  shall  be  abated  on  the eligible
13    property located in the county on  a  prorata  basis.   If  a
14    school  district  is  located  in  more  than one county, the
15    amount of the district's tax levy that is to be abated  under
16    this  Section  shall  be  apportioned by the county clerks of
17    those counties based upon the ratio of the aggregate assessed
18    value of the eligible property of the school district  within
19    each county.
20        (b)  The  chief county assessment officer shall determine
21    the  eligibility  of  residential  property  to  receive  the
22    abatement by application, questionnaire, or other  reasonable
23    methods.   The determination shall be made in accordance with
24    guidelines established by the Department.  After  determining
25    eligible  properties, the county clerk shall make application
26    to the State Comptroller  for  payment  of  moneys  from  the
27    Senior  Citizen  Property  Tax  Reduction  Fund.   The  State
28    Comptroller shall transfer moneys from the Fund to the county
29    collectors  on  a  prorata  basis  in  an amount equal to the
30    balance in the Fund or the amount necessary to abate 100%  of
31    the  taxes  for  the  eligible properties, whichever is less.
32    The State Comptroller shall transfer the moneys in accordance
33    with Section 6z-45 of the State Finance Act.  Any surplus  in
34    the Fund after distribution to the county collectors shall be
                            -3-               LRB9007717KDpcA
 1    transferred to the General Revenue Fund. During January, 1999
 2    and  during January of each year thereafter, the county clerk
 3    shall record the amount received  for  each  school  district
 4    from  the  Senior Citizen Property Tax Reduction Fund for the
 5    year and shall transfer that amount to the school district to
 6    replace the abated amount of  the  educational  purposes  tax
 7    levy.
 8        Section  99.  Effective date.  This Act takes effect upon
 9    becoming law.

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