SB0435 94TH GENERAL ASSEMBLY

LRB094 09531 BDD 39782 b

94TH GENERAL ASSEMBLY
State of Illinois
2005 and 2006
SB0435

Introduced 2/16/2005, by Sen. Kathleen L. Wojcik

SYNOPSIS AS INTRODUCED:

35 ILCS 200/18-53 new

Amends the Property Tax Code. Authorizes a school district to, without referendum, adopt a levy to recapture revenue lost by a property tax refund it is required to make. Provides that, for purposes of the Property Tax Extension Limitation Law, the school district's aggregate extension base shall not include the recapture levy. Provides that any taxpayer who has received a refund of property taxes has been included in a recapture levy by a particular school district under this Section shall have the right to have the extension of the district's levy against his or her property abated to the extent that the extension exceeds $500.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning revenue.

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

Section 5. The Property Tax Code is amended by adding Section 18-53 as follows:

(35 ILCS 200/18-53 new)

Sec. 18-53. Recovery of revenue lost due to tax refunds.

(a) When a school district is required to refund a portion of the property tax revenue distributed to that school district because of a decision of the Property Tax Appeal Board, an assessment or exemption decision of the Department of Revenue, a court order issued pursuant to an assessment valuation complaint under subdivision (b)(3) of Section 23-15, or an administrative decision of a local assessing official reducing the assessed value of a property within the district, that school district may, without referendum, adopt a levy to recapture the revenue lost by the refund or refunds. The recapture levy may not exceed an amount equal to the aggregate refunds paid by the district for the prior fiscal year. Within 45 days after a request by a school district, the county treasurer must certify the aggregate refunds paid by a school district for purposes of this Section. For purposes of the Property Tax Extension Limitation Law, the school district's aggregate extension base shall not include the recapture levy authorized under this Section.

(b) Whenever the county treasurer certifies aggregate refunds at the request of a school district under this Section, the treasurer shall keep records of the individual refunds included in the aggregate. All such information shall be provided to the county clerk. The county clerk shall keep a record of such information and of any recapture levy that may, thereafter, be extended, so that the amount of such extension may be distinguished from any other levies and extensions for that district. The county treasurer's and the county clerk's records under this Section shall be available to the public upon request.

(c) Any taxpayer who has received a refund of property taxes that has been included in a recapture levy by a particular school district under this Section shall have the right to have the extension of such district's levy against his or her property abated to the extent such extension exceeds $500. The abatement shall be granted only upon application as provided in this Section. For purposes of this Section, the "property" for which the recapture extension may be abated is defined as one or more parcels which were the subject of a consolidated refund. If the school district's recapture levy and extension was made in a lesser amount than the aggregate of all refunds certified by the treasurer for that district, each abatement shall reflect that same proportionate reduction.

(d) A taxpayer seeking an abatement under this Section shall apply to the county treasurer no later than the due date under Section 23-10 for tax objection complaints regarding tax levies of the year for which the recapture levy was extended. The county treasurer may prescribe the form in which the application shall be made. The application shall include a copy of the decision or order that gave rise to the refund and shall specify the abatement claimed. The treasurer, assisted if necessary by the county clerk, shall confirm whether the refund identified in the application was included within the appropriate treasurer's certification of aggregate refunds, and upon such confirmation the abatement shall be allowed as provided in this Section. If the taxes abated have been paid they shall be refunded. If the treasurer cannot determine whether the application should be allowed, or otherwise denies the application, any taxpayer who has paid the tax subject to the claimed abatement may petition the circuit court for a refund in the time and manner provided in Section 20-175. Any refund granted pursuant to an abatement shall not be included in a recapture levy under this Section.

(e) The county treasurer and county clerk shall mark their records to reflect any abatement under this Section.