Bill Text: IL HB5577 | 2019-2020 | 101st General Assembly | Introduced
Bill Title: Amends the School Code. Provides that in the immediate 2 consecutive tax years (rather than in the tax year) following receipt of a Property Tax Pool Relief Grant, the aggregate extension base (rather than the aggregate levy) of any school district receiving a grant, for purposes of the Property Tax Extension Limitation Law, shall include the tax relief the school district provided in the previous taxable year. Effective July 1, 2020.
Spectrum: Partisan Bill (Democrat 1-0)
Status: (Introduced - Dead) 2020-06-23 - Rule 19(b) / Re-referred to Rules Committee [HB5577 Detail]
Download: Illinois-2019-HB5577-Introduced.html
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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||||||||||||||||||||
5 | 2-3.170 as follows:
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6 | (105 ILCS 5/2-3.170) | ||||||||||||||||||||||||
7 | Sec. 2-3.170. Property tax relief pool grants. | ||||||||||||||||||||||||
8 | (a) As used in this Section, | ||||||||||||||||||||||||
9 | "EAV" means equalized assessed valuation as defined under | ||||||||||||||||||||||||
10 | Section 18-8.15 of this Code. | ||||||||||||||||||||||||
11 | "Property tax multiplier" equals one minus the square of | ||||||||||||||||||||||||
12 | the school district's Local Capacity Percentage, as defined in | ||||||||||||||||||||||||
13 | Section 18-8.15 of this Code. | ||||||||||||||||||||||||
14 | "Local capacity percentage multiplier" means one minus the | ||||||||||||||||||||||||
15 | school district's Local Capacity Percentage, as defined in | ||||||||||||||||||||||||
16 | Section 18-8.15. | ||||||||||||||||||||||||
17 | "State Board" means the State Board of Education. | ||||||||||||||||||||||||
18 | (b) Subject to appropriation, the State Board shall provide | ||||||||||||||||||||||||
19 | grants to eligible school districts that provide tax relief to | ||||||||||||||||||||||||
20 | the school district's residents, which may be no greater than | ||||||||||||||||||||||||
21 | 1% of EAV for a unit district, 0.69% of EAV for an elementary | ||||||||||||||||||||||||
22 | school district, or 0.31% of EAV for a high school district, as | ||||||||||||||||||||||||
23 | provided in this Section. |
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1 | (b-5) School districts may apply for property tax relief | ||||||
2 | under this Section concurrently to setting their levy for the | ||||||
3 | fiscal year. The intended relief may not be greater than 1% of | ||||||
4 | the EAV for a unit district, 0.69% of the EAV for an elementary | ||||||
5 | school district, or 0.31% of the EAV for a high school | ||||||
6 | district, multiplied by the school district's local capacity | ||||||
7 | percentage multiplier. The State Board shall process | ||||||
8 | applications for relief, providing a grant to those districts | ||||||
9 | with the highest operating tax rate, as determined by those | ||||||
10 | districts with the highest percentage of the simple average | ||||||
11 | operating tax rate of districts of the same type, either | ||||||
12 | elementary, high school, or unit, first, in an amount equal to | ||||||
13 | the intended relief multiplied by the property tax multiplier. | ||||||
14 | The State Board shall provide grants to school districts in | ||||||
15 | order of priority until the property tax relief pool is | ||||||
16 | exhausted. If more school districts apply for relief under this | ||||||
17 | subsection than there are funds available, the State Board must | ||||||
18 | distribute the grants and prorate any remaining funds to the | ||||||
19 | final school district that qualifies for grant relief. The | ||||||
20 | abatement amount for that district must be equal to the grant | ||||||
21 | amount divided by the property tax multiplier. | ||||||
22 | If a school district receives the State Board's approval of | ||||||
23 | a grant under this Section by March 1 of the fiscal year, the | ||||||
24 | school district shall present a duly authorized and approved | ||||||
25 | abatement resolution by March 30 of the fiscal year to the | ||||||
26 | county clerk of each county in which the school files its levy, |
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1 | authorizing the county clerk to lower the school district's | ||||||
2 | levy by the amount designated in its application to the State | ||||||
3 | Board. When the preceding requisites are satisfied, the county | ||||||
4 | clerk shall reduce the amount collected for the school district | ||||||
5 | by the amount indicated in the school district's abatement | ||||||
6 | resolution for that fiscal year. | ||||||
7 | (c) (Blank). | ||||||
8 | (d) School districts seeking grants under this Section | ||||||
9 | shall apply to the State Board each year. All applications to | ||||||
10 | the State Board for grants shall include the amount of the tax | ||||||
11 | relief intended by the school district. | ||||||
12 | (e) Each year, based on the most recent available data | ||||||
13 | provided by school districts pursuant to Section 18-8.15 of | ||||||
14 | this Code, the State Board shall calculate the order of | ||||||
15 | priority for grant eligibility under subsection (b-5) and | ||||||
16 | publish a list of the school districts eligible for relief. The | ||||||
17 | State Board shall provide grants in the manner provided under | ||||||
18 | subsection (b-5). | ||||||
19 | (f) The State Board shall publish a final list of eligible | ||||||
20 | grant recipients and provide payment of the grants by March 1 | ||||||
21 | of each year. | ||||||
22 | (g) If notice of eligibility from the State Board is | ||||||
23 | received by a school district by March 1, then by March 30, the | ||||||
24 | school district shall file an abatement of its property tax | ||||||
25 | levy in an amount equal to the grant received under this | ||||||
26 | Section divided by the property tax multiplier. Payment of all |
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1 | grant amounts shall be made by June 1 each fiscal year. The | ||||||
2 | State Superintendent of Education shall establish the timeline | ||||||
3 | in such cases in which notice cannot be made by March 1. | ||||||
4 | (h) The total property tax relief allowable to a school | ||||||
5 | district under this Section shall be calculated based on the | ||||||
6 | total amount of reduction in the school district's aggregate | ||||||
7 | extension. The total grant shall be equal to the reduction, | ||||||
8 | multiplied by the property tax multiplier. The reduction shall | ||||||
9 | be equal to 1% of a district's EAV for a unit school district, | ||||||
10 | 0.69% for an elementary school district, or 0.31% for a high | ||||||
11 | school district, multiplied by the school district's local | ||||||
12 | capacity percentage multiplier. | ||||||
13 | (i) If the State Board does not expend all appropriations | ||||||
14 | allocated pursuant to this Section, then any remaining funds | ||||||
15 | shall be allocated pursuant to Section 18-8.15 of this Code. | ||||||
16 | (j) The State Board shall prioritize payments under Section | ||||||
17 | 18-8.15 of this Code over payments under this Section, if | ||||||
18 | necessary. | ||||||
19 | (k) Any grants received by a school district shall be | ||||||
20 | included in future calculations of that school district's Base | ||||||
21 | Funding Minimum under Section 18-8.15 of this Code. Beginning | ||||||
22 | with Fiscal Year 2020, if a school district receives a grant | ||||||
23 | under this Section, the school district must present to the | ||||||
24 | county clerk a duly authorized and approved abatement | ||||||
25 | resolution by March 30 for the year in which the school | ||||||
26 | district receives the grant and the successive fiscal year |
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1 | following the receipt of the grant, authorizing the county | ||||||
2 | clerk to lower the school district's levy by the amount | ||||||
3 | designated in its original application to the State Board. | ||||||
4 | After receiving a resolution, the county clerk must reduce the | ||||||
5 | amount collected for the school district by the amount | ||||||
6 | indicated in the school district's abatement resolution for | ||||||
7 | that fiscal year. If a school district does not abate in this | ||||||
8 | amount for the successive fiscal year, the grant amount may not | ||||||
9 | be included in the school district's Base Funding Minimum under | ||||||
10 | Section 18-8.15 in the fiscal year following the tax year in | ||||||
11 | which the abatement is not authorized and in any future fiscal | ||||||
12 | year thereafter, and the county clerk must notify the State | ||||||
13 | Board of the increase no later 30 days after it occurs. | ||||||
14 | (l) In the immediate 2 consecutive tax years year following | ||||||
15 | receipt of a Property Tax Pool Relief Grant, the aggregate | ||||||
16 | extension base levy of any school district receiving a grant | ||||||
17 | under this Section, for purposes of the Property Tax Extension | ||||||
18 | Limitation Law, shall include the tax relief the school | ||||||
19 | district provided in the previous taxable year under this | ||||||
20 | Section.
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21 | (Source: P.A. 100-465, eff. 8-31-17; 100-582, eff. 3-23-18; | ||||||
22 | 100-863, eff. 8-14-18; 101-17, eff. 6-14-19.)
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23 | Section 99. Effective date. This Act takes effect July 1, | ||||||
24 | 2020.
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