State of Illinois
90th General Assembly
Legislation

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90_HB3618

      35 ILCS 200/18-166 new
      35 ILCS 200/20-15
      35 ILCS 200/21-30
          Amends  the  Property  Tax  Code.   Reduces  the   school
      property taxes of (i) certain homestead residential property,
      (ii)  certain  farm  property,  and (iii) property owned by a
      Subchapter S  corporation  or  a  sole  proprietorship.   The
      reduction is based on a percentage of the district's 1997 tax
      extension,  and  the reduction is required to be shown on the
      property tax bills.
                                                    LRB9008114KDksB
                                              LRB9008114KDksB
 1        AN ACT to amend the Property Tax Code by  adding  Section
 2    18-166 and changing Sections 20-15 and 21-30.
 3        Be  it  enacted  by  the People of the State of Illinois,
 4    represented in the General Assembly:
 5        Section 5. The Property Tax Code  is  amended  by  adding
 6    Section  18-166  and  changing  Sections  20-15  and 21-30 as
 7    follows:
 8        (35 ILCS 200/18-166 new)
 9        Sec. 18-166.  State school property tax relief reduction.
10        (a)  Beginning with the 1998 tax year and thereafter, (i)
11    each parcel or portion of a parcel that was eligible  in  the
12    1997  tax  year  for  the  General  Homestead Exemption under
13    Section 15-175, and to the extent that the parcel or  portion
14    of a parcel is so eligible in the current tax year, (ii) each
15    parcel or portion of a parcel and farm improvements that were
16    eligible  in the 1997 tax year for assessment as a farm under
17    Sections 10-110 through 10-140, and to the  extent  that  the
18    parcel  or  portion  of  a parcel or farm improvements are so
19    eligible in the current tax year, and (iii)  each  parcel  or
20    portion  of a parcel owned by a Subchapter S corporation or a
21    sole proprietorship in the 1997 tax year, and to  the  extent
22    the  parcel or portion of a parcel is so owned in the current
23    tax year, shall receive property tax reductions  pursuant  to
24    this  Section.   No  later  than  October 31, 1998, the State
25    Board  of  Education  shall  certify  to  the  Department  of
26    Revenue, the county  clerk,   and  the  school  district  the
27    amount  for that school district that equals  5% for tax year
28    1998, 10% for tax year 1999, 15% for tax year 2000,  20%  for
29    tax  year  2001,  25% for tax year 2002, and 30% for tax year
30    2003  and  each  tax  year  thereafter,  of  the  1997  total
31    extension of the school district as  supplied  under  Section
                            -2-               LRB9008114KDksB
 1    18-255,  minus  extensions for bonds and interest. As soon as
 2    practical, the Comptroller shall transfer the funds necessary
 3    for the abatements provided in this  Section  to  the  county
 4    treasurer   for   subsequent   distribution   to  the  school
 5    districts.
 6        (b)  Beginning in tax year 1998, the county  clerk  shall
 7    reduce,  with  respect to each school district subject to the
 8    School Code, that district's  final  total  extension,  minus
 9    extensions  for  bonds  and  interest,  on (i) each parcel or
10    portion of a parcel that was eligible in the  1997  tax  year
11    for  the  General Homestead Exemption, and to the extent that
12    the parcel or portion of a  parcel  is  so  eligible  in  the
13    current  tax year, (ii) each parcel or portion of a parcel or
14    farm improvement that was eligible in the 1997 tax  year  for
15    assessment  as  a  farm, and to the extent that the parcel or
16    portion of a parcel or farm improvement is so eligible in the
17    current tax year, and (iii)  each  parcel  or  portion  of  a
18    parcel  owned  by  a  Subchapter  S  corporation  or  a  sole
19    proprietorship  in  the  1997 tax year, and to the extent the
20    parcel or portion of a parcel is so owned in the current  tax
21    year,  that  is  located  within  the  district  by an amount
22    determined by multiplying the total reduction amount for  the
23    tax  year  calculated  in  subsection  (a) by a fraction, the
24    numerator of which is the equalized assessed valuation of the
25    taxpayer's eligible property and the denominator of which  is
26    the  equalized  assessed  valuation  of all eligible property
27    within the school district.  The amount calculated under this
28    subsection as the reduction of the extension on the  eligible
29    property  shall  be  disclosed  on the taxpayer's tax bill as
30    provided in Section 20-15.
31        (35 ILCS 200/20-15)
32        Sec. 20-15.  Information on bill or  separate  statement.
33    The  amount  of  tax  due  and  rates  shown  on the tax bill
                            -3-               LRB9008114KDksB
 1    pursuant to this Section shall be net of any reduction  under
 2    Section  18-166  of  the  Property  Tax Code.  There shall be
 3    printed on each bill, or on a separate slip  which  shall  be
 4    mailed with the bill:
 5             (a)  a  statement  itemizing the rate at which taxes
 6        have been extended for each of the  taxing  districts  in
 7        the county in whose district the property is located, and
 8        in  those  counties  utilizing electronic data processing
 9        equipment the dollar amount of tax due  from  the  person
10        assessed  allocable  to  each  of those taxing districts,
11        including a separate statement of the  dollar  amount  of
12        tax  due  which  is  allocable  to a tax levied under the
13        Illinois Local Library Act or to any other tax levied  by
14        a municipality or township for public library purposes,
15             (b)  a  separate  statement  for  each of the taxing
16        districts of the  dollar  amount  of  tax  due  which  is
17        allocable to a tax levied under the Illinois Pension Code
18        or  to any other tax levied by a municipality or township
19        for public pension or retirement purposes,
20             (c)  the total tax rate,
21             (d)  the total amount of tax due, and
22             (e)  the amount by which the total tax and  the  tax
23        allocable  to  each  taxing  district  differs  from  the
24        taxpayer's last prior tax bill, and.
25             (f)  the  amount  of the tax reduction under Section
26        18-166 labeled "School Tax Savings-State School  Property
27        Tax Relief Reduction".
28        The  county treasurer shall ensure that only those taxing
29    districts in which a parcel of property is located  shall  be
30    listed on the bill for that property.
31        In all counties the statement shall also provide:
32             (1)  the  property  index  number  or other suitable
33        description,
34             (2)  the assessment of the property,
                            -4-               LRB9008114KDksB
 1             (3)  the equalization factors imposed by the  county
 2        and by the Department, and
 3             (4)  the  equalized  assessment  resulting  from the
 4        application of the  equalization  factors  to  the  basic
 5        assessment.
 6        In  all  counties  which  do  not  classify  property for
 7    purposes of taxation, for property on which a  single  family
 8    residence  is  situated  the  statement  shall also include a
 9    statement to reflect the fair cash value determined  for  the
10    property.   In  all  counties  which  classify  property  for
11    purposes of taxation in accordance with Section 4 of  Article
12    IX  of  the Illinois Constitution, for parcels of residential
13    property  in  the  lowest   assessment   classification   the
14    statement  shall also include a statement to reflect the fair
15    cash value determined for the property.
16        In  counties  which  use  the  estimated  or  accelerated
17    billing methods, these statements shall only be provided with
18    the final installment of taxes due, except that the statement
19    under item (f) shall be included with  both  installments  in
20    those   counties   under  estimated  or  accelerated  billing
21    methods, the first billing showing the amount  deducted  from
22    the  first  installment,  and  the  final billing showing the
23    total tax reduction for the levy year under  Section  18-166.
24    The  provisions  of this Section create a mandatory statutory
25    duty.  They are not merely directory  or  discretionary.  The
26    failure  or neglect of the collector to mail the bill, or the
27    failure of the taxpayer to receive the bill, shall not affect
28    the validity of any tax, or the liability for the payment  of
29    any tax.
30    (Source:  P.A.  87-818;  88-455; incorporates 88-262; 88-670,
31    eff. 12-2-94.)
32        (35 ILCS 200/21-30)
33        Sec. 21-30.  Accelerated billing. Except as  provided  in
                            -5-               LRB9008114KDksB
 1    this Section and Section 21-40, in counties with 3,000,000 or
 2    more inhabitants, by January 31 annually, estimated tax bills
 3    setting  out  the first installment of property taxes for the
 4    preceding year, payable in that year, shall be  prepared  and
 5    mailed.  The  first installment of taxes on the estimated tax
 6    bills shall be computed at 50% of the total of each tax  bill
 7    before  the  reduction  of taxes under Section 18-166 for the
 8    preceding year, less an an amount equal to 50% of the  amount
 9    calculated   under  subsection  (b)  of  Section  18-166  for
10    eligible parcels. By June 30 annually, actual tax bills shall
11    be prepared and mailed. These bills shall set out total taxes
12    due and the amount of estimated taxes  billed  in  the  first
13    installment,  and  shall  state  the balance of taxes due for
14    that year as represented by the sum derived from  subtracting
15    the  amount of the first installment from the total taxes due
16    for that year.
17        The county board may provide by  ordinance,  in  counties
18    with 3,000,000 or more inhabitants, for taxes to be paid in 4
19    installments.   For  the levy year for which the ordinance is
20    first effective and each subsequent year, estimated tax bills
21    setting out the first, second, and third installment of taxes
22    for the preceding  year,  payable  in  that  year,  shall  be
23    prepared  and  mailed  not  later  than the date specified by
24    ordinance.  Each installment on estimated tax bills shall  be
25    computed  at  25%  of  the  total  of  each  tax bill for the
26    preceding year.  By the  date  specified  in  the  ordinance,
27    actual  tax  bills shall be prepared and mailed.  These bills
28    shall set out total taxes due and  the  amount  of  estimated
29    taxes billed in the first, second, and third installments and
30    shall  state  the  balance  of  taxes  due  for  that year as
31    represented by the sum derived from subtracting the amount of
32    the estimated installments from the total taxes due for  that
33    year.
34        The  county  board of any county with less than 3,000,000
                            -6-               LRB9008114KDksB
 1    inhabitants  may,  by  ordinance  or  resolution,  adopt   an
 2    accelerated  method  of  tax  billing.  The  county board may
 3    subsequently rescind the ordinance or resolution  and  revert
 4    to the method otherwise provided for in this Code.
 5        Taxes  levied  on homestead property in which a member of
 6    the National Guard or reserves of the  armed  forces  of  the
 7    United  States  who  was  called  to  active duty on or after
 8    August 1, 1990, and who has an ownership interest  shall  not
 9    be  deemed  delinquent  and  no  interest  shall accrue or be
10    charged as a penalty on such taxes due and payable in 1991 or
11    1992 until one year after that  member  returns  to  civilian
12    status.
13    (Source: P.A. 87-17; 87-340; 87-895; 88-455.)

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