Sen. Christine Radogno

Filed: 1/24/2017

 

 


 

 


 
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1
AMENDMENT TO SENATE BILL 13

2    AMENDMENT NO. ______. Amend Senate Bill 13 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The Property Tax Code is amended by changing
5Sections 18-185, 18-205, 18-213, and 18-214 and by adding
6Section 18-242 as follows:
 
7    (35 ILCS 200/18-185)
8    (Text of Section before amendment by P.A. 99-521)
9    Sec. 18-185. Short title; definitions. This Division 5 may
10be cited as the Property Tax Extension Limitation Law. As used
11in this Division 5:
12    "Consumer Price Index" means the Consumer Price Index for
13All Urban Consumers for all items published by the United
14States Department of Labor.
15    "Extension limitation", except as otherwise provided in
16this paragraph, means (a) the lesser of 5% or the percentage

 

 

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1increase in the Consumer Price Index during the 12-month
2calendar year preceding the levy year or (b) the rate of
3increase approved by voters under Section 18-205. For the 2017
4and 2018 levy years only, for taxing districts other than the
5City of Chicago School District #299, "extension limitation"
6means 0% or the rate of increase approved by the voters under
7Section 18-205. For the 2017 and 2018 levy years, if a special
8purpose extension (i) made for the payment of principal and
9interest on bonds or other evidences of indebtedness issued by
10the taxing district, (ii) made for contributions to a pension
11fund created under the Illinois Pension Code (other than
12extensions made by the City of Chicago for public safety
13pension contributions under the Illinois Pension Code), or
14(iii) made for public safety purposes (other than extensions
15made by the City of Chicago for public safety pension
16contributions under the Illinois Pension Code) was required to
17be included in a taxing district's aggregate extension for the
182016 levy year, then the extension limitation for those
19extensions for the 2017 and 2018 levy years shall be (1) the
20lesser of 5% or the percentage increase in the Consumer Price
21Index during the 12-month calendar year preceding the levy year
22or (2) the rate of increase approved by voters under Section
2318-205. For the 2017 and 2018 levy years, for the City of
24Chicago School District #299, "extension limitation" means (1)
25the lesser of 5% or the percentage increase in the Consumer
26Price Index during the 12-month calendar year preceding the

 

 

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1levy year or (2) the rate of increase approved by voters under
2Section 18-205.
3    "Affected county" means a county of 3,000,000 or more
4inhabitants or a county contiguous to a county of 3,000,000 or
5more inhabitants.
6    "Taxing district" has the same meaning provided in Section
71-150, except as otherwise provided in this Section. For the
81991 through 1994 levy years only, "taxing district" includes
9only each non-home rule taxing district having the majority of
10its 1990 equalized assessed value within any county or counties
11contiguous to a county with 3,000,000 or more inhabitants.
12Beginning with the 1995 levy year, "taxing district" includes
13only each non-home rule taxing district subject to this Law
14before the 1995 levy year and each non-home rule taxing
15district not subject to this Law before the 1995 levy year
16having the majority of its 1994 equalized assessed value in an
17affected county or counties. Beginning with the levy year in
18which this Law becomes applicable to a taxing district as
19provided in Section 18-213, "taxing district" also includes
20those taxing districts made subject to this Law as provided in
21Section 18-213. For the 2017 and 2018 levy years, "taxing
22district" has the same meaning provided in Section 1-150 and
23includes home rule units.
24    "Aggregate extension" for taxing districts to which this
25Law applied before the 1995 levy year means, except with
26respect to the 2017 and 2018 levy years, the annual corporate

 

 

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1extension for the taxing district and those special purpose
2extensions that are made annually for the taxing district,
3excluding special purpose extensions: (a) made for the taxing
4district to pay interest or principal on general obligation
5bonds that were approved by referendum; (b) made for any taxing
6district to pay interest or principal on general obligation
7bonds issued before October 1, 1991; (c) made for any taxing
8district to pay interest or principal on bonds issued to refund
9or continue to refund those bonds issued before October 1,
101991; (d) made for any taxing district to pay interest or
11principal on bonds issued to refund or continue to refund bonds
12issued after October 1, 1991 that were approved by referendum;
13(e) made for any taxing district to pay interest or principal
14on revenue bonds issued before October 1, 1991 for payment of
15which a property tax levy or the full faith and credit of the
16unit of local government is pledged; however, a tax for the
17payment of interest or principal on those bonds shall be made
18only after the governing body of the unit of local government
19finds that all other sources for payment are insufficient to
20make those payments; (f) made for payments under a building
21commission lease when the lease payments are for the retirement
22of bonds issued by the commission before October 1, 1991, to
23pay for the building project; (g) made for payments due under
24installment contracts entered into before October 1, 1991; (h)
25made for payments of principal and interest on bonds issued
26under the Metropolitan Water Reclamation District Act to

 

 

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1finance construction projects initiated before October 1,
21991; (i) made for payments of principal and interest on
3limited bonds, as defined in Section 3 of the Local Government
4Debt Reform Act, in an amount not to exceed the debt service
5extension base less the amount in items (b), (c), (e), and (h)
6of this definition for non-referendum obligations, except
7obligations initially issued pursuant to referendum; (j) made
8for payments of principal and interest on bonds issued under
9Section 15 of the Local Government Debt Reform Act; (k) made by
10a school district that participates in the Special Education
11District of Lake County, created by special education joint
12agreement under Section 10-22.31 of the School Code, for
13payment of the school district's share of the amounts required
14to be contributed by the Special Education District of Lake
15County to the Illinois Municipal Retirement Fund under Article
167 of the Illinois Pension Code; the amount of any extension
17under this item (k) shall be certified by the school district
18to the county clerk; (l) made to fund expenses of providing
19joint recreational programs for persons with disabilities
20under Section 5-8 of the Park District Code or Section 11-95-14
21of the Illinois Municipal Code; (m) made for temporary
22relocation loan repayment purposes pursuant to Sections 2-3.77
23and 17-2.2d of the School Code; (n) made for payment of
24principal and interest on any bonds issued under the authority
25of Section 17-2.2d of the School Code; (o) made for
26contributions to a firefighter's pension fund created under

 

 

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1Article 4 of the Illinois Pension Code, to the extent of the
2amount certified under item (5) of Section 4-134 of the
3Illinois Pension Code; and (p) made for road purposes in the
4first year after a township assumes the rights, powers, duties,
5assets, property, liabilities, obligations, and
6responsibilities of a road district abolished under the
7provisions of Section 6-133 of the Illinois Highway Code.
8    "Aggregate extension" for the taxing districts to which
9this Law did not apply before the 1995 levy year (except taxing
10districts subject to this Law in accordance with Section
1118-213) means, except with respect to the 2017 and 2018 levy
12years, the annual corporate extension for the taxing district
13and those special purpose extensions that are made annually for
14the taxing district, excluding special purpose extensions: (a)
15made for the taxing district to pay interest or principal on
16general obligation bonds that were approved by referendum; (b)
17made for any taxing district to pay interest or principal on
18general obligation bonds issued before March 1, 1995; (c) made
19for any taxing district to pay interest or principal on bonds
20issued to refund or continue to refund those bonds issued
21before March 1, 1995; (d) made for any taxing district to pay
22interest or principal on bonds issued to refund or continue to
23refund bonds issued after March 1, 1995 that were approved by
24referendum; (e) made for any taxing district to pay interest or
25principal on revenue bonds issued before March 1, 1995 for
26payment of which a property tax levy or the full faith and

 

 

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1credit of the unit of local government is pledged; however, a
2tax for the payment of interest or principal on those bonds
3shall be made only after the governing body of the unit of
4local government finds that all other sources for payment are
5insufficient to make those payments; (f) made for payments
6under a building commission lease when the lease payments are
7for the retirement of bonds issued by the commission before
8March 1, 1995 to pay for the building project; (g) made for
9payments due under installment contracts entered into before
10March 1, 1995; (h) made for payments of principal and interest
11on bonds issued under the Metropolitan Water Reclamation
12District Act to finance construction projects initiated before
13October 1, 1991; (h-4) made for stormwater management purposes
14by the Metropolitan Water Reclamation District of Greater
15Chicago under Section 12 of the Metropolitan Water Reclamation
16District Act; (i) made for payments of principal and interest
17on limited bonds, as defined in Section 3 of the Local
18Government Debt Reform Act, in an amount not to exceed the debt
19service extension base less the amount in items (b), (c), and
20(e) of this definition for non-referendum obligations, except
21obligations initially issued pursuant to referendum and bonds
22described in subsection (h) of this definition; (j) made for
23payments of principal and interest on bonds issued under
24Section 15 of the Local Government Debt Reform Act; (k) made
25for payments of principal and interest on bonds authorized by
26Public Act 88-503 and issued under Section 20a of the Chicago

 

 

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1Park District Act for aquarium or museum projects; (l) made for
2payments of principal and interest on bonds authorized by
3Public Act 87-1191 or 93-601 and (i) issued pursuant to Section
421.2 of the Cook County Forest Preserve District Act, (ii)
5issued under Section 42 of the Cook County Forest Preserve
6District Act for zoological park projects, or (iii) issued
7under Section 44.1 of the Cook County Forest Preserve District
8Act for botanical gardens projects; (m) made pursuant to
9Section 34-53.5 of the School Code, whether levied annually or
10not; (n) made to fund expenses of providing joint recreational
11programs for persons with disabilities under Section 5-8 of the
12Park District Code or Section 11-95-14 of the Illinois
13Municipal Code; (o) made by the Chicago Park District for
14recreational programs for persons with disabilities under
15subsection (c) of Section 7.06 of the Chicago Park District
16Act; (p) made for contributions to a firefighter's pension fund
17created under Article 4 of the Illinois Pension Code, to the
18extent of the amount certified under item (5) of Section 4-134
19of the Illinois Pension Code; and (q) made by Ford Heights
20School District 169 under Section 17-9.02 of the School Code.
21Notwithstanding the provisions of this amendatory Act of the
22100th General Assembly, this definition of "aggregate
23extension" applies to the City of Chicago School District #299
24for the 2017 and 2018 levy years.
25    "Aggregate extension" for all taxing districts to which
26this Law applies in accordance with Section 18-213, except for

 

 

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1those taxing districts subject to paragraph (2) of subsection
2(e) of Section 18-213, means, except with respect to the 2017
3and 2018 levy years, the annual corporate extension for the
4taxing district and those special purpose extensions that are
5made annually for the taxing district, excluding special
6purpose extensions: (a) made for the taxing district to pay
7interest or principal on general obligation bonds that were
8approved by referendum; (b) made for any taxing district to pay
9interest or principal on general obligation bonds issued before
10the date on which the referendum making this Law applicable to
11the taxing district is held; (c) made for any taxing district
12to pay interest or principal on bonds issued to refund or
13continue to refund those bonds issued before the date on which
14the referendum making this Law applicable to the taxing
15district is held; (d) made for any taxing district to pay
16interest or principal on bonds issued to refund or continue to
17refund bonds issued after the date on which the referendum
18making this Law applicable to the taxing district is held if
19the bonds were approved by referendum after the date on which
20the referendum making this Law applicable to the taxing
21district is held; (e) made for any taxing district to pay
22interest or principal on revenue bonds issued before the date
23on which the referendum making this Law applicable to the
24taxing district is held for payment of which a property tax
25levy or the full faith and credit of the unit of local
26government is pledged; however, a tax for the payment of

 

 

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1interest or principal on those bonds shall be made only after
2the governing body of the unit of local government finds that
3all other sources for payment are insufficient to make those
4payments; (f) made for payments under a building commission
5lease when the lease payments are for the retirement of bonds
6issued by the commission before the date on which the
7referendum making this Law applicable to the taxing district is
8held to pay for the building project; (g) made for payments due
9under installment contracts entered into before the date on
10which the referendum making this Law applicable to the taxing
11district is held; (h) made for payments of principal and
12interest on limited bonds, as defined in Section 3 of the Local
13Government Debt Reform Act, in an amount not to exceed the debt
14service extension base less the amount in items (b), (c), and
15(e) of this definition for non-referendum obligations, except
16obligations initially issued pursuant to referendum; (i) made
17for payments of principal and interest on bonds issued under
18Section 15 of the Local Government Debt Reform Act; (j) made
19for a qualified airport authority to pay interest or principal
20on general obligation bonds issued for the purpose of paying
21obligations due under, or financing airport facilities
22required to be acquired, constructed, installed or equipped
23pursuant to, contracts entered into before March 1, 1996 (but
24not including any amendments to such a contract taking effect
25on or after that date); (k) made to fund expenses of providing
26joint recreational programs for persons with disabilities

 

 

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1under Section 5-8 of the Park District Code or Section 11-95-14
2of the Illinois Municipal Code; (l) made for contributions to a
3firefighter's pension fund created under Article 4 of the
4Illinois Pension Code, to the extent of the amount certified
5under item (5) of Section 4-134 of the Illinois Pension Code;
6and (m) made for the taxing district to pay interest or
7principal on general obligation bonds issued pursuant to
8Section 19-3.10 of the School Code.
9    "Aggregate extension" for all taxing districts to which
10this Law applies in accordance with paragraph (2) of subsection
11(e) of Section 18-213 means, except with respect to the 2017
12and 2018 levy years, the annual corporate extension for the
13taxing district and those special purpose extensions that are
14made annually for the taxing district, excluding special
15purpose extensions: (a) made for the taxing district to pay
16interest or principal on general obligation bonds that were
17approved by referendum; (b) made for any taxing district to pay
18interest or principal on general obligation bonds issued before
19the effective date of this amendatory Act of 1997; (c) made for
20any taxing district to pay interest or principal on bonds
21issued to refund or continue to refund those bonds issued
22before the effective date of this amendatory Act of 1997; (d)
23made for any taxing district to pay interest or principal on
24bonds issued to refund or continue to refund bonds issued after
25the effective date of this amendatory Act of 1997 if the bonds
26were approved by referendum after the effective date of this

 

 

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1amendatory Act of 1997; (e) made for any taxing district to pay
2interest or principal on revenue bonds issued before the
3effective date of this amendatory Act of 1997 for payment of
4which a property tax levy or the full faith and credit of the
5unit of local government is pledged; however, a tax for the
6payment of interest or principal on those bonds shall be made
7only after the governing body of the unit of local government
8finds that all other sources for payment are insufficient to
9make those payments; (f) made for payments under a building
10commission lease when the lease payments are for the retirement
11of bonds issued by the commission before the effective date of
12this amendatory Act of 1997 to pay for the building project;
13(g) made for payments due under installment contracts entered
14into before the effective date of this amendatory Act of 1997;
15(h) made for payments of principal and interest on limited
16bonds, as defined in Section 3 of the Local Government Debt
17Reform Act, in an amount not to exceed the debt service
18extension base less the amount in items (b), (c), and (e) of
19this definition for non-referendum obligations, except
20obligations initially issued pursuant to referendum; (i) made
21for payments of principal and interest on bonds issued under
22Section 15 of the Local Government Debt Reform Act; (j) made
23for a qualified airport authority to pay interest or principal
24on general obligation bonds issued for the purpose of paying
25obligations due under, or financing airport facilities
26required to be acquired, constructed, installed or equipped

 

 

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1pursuant to, contracts entered into before March 1, 1996 (but
2not including any amendments to such a contract taking effect
3on or after that date); (k) made to fund expenses of providing
4joint recreational programs for persons with disabilities
5under Section 5-8 of the Park District Code or Section 11-95-14
6of the Illinois Municipal Code; and (l) made for contributions
7to a firefighter's pension fund created under Article 4 of the
8Illinois Pension Code, to the extent of the amount certified
9under item (5) of Section 4-134 of the Illinois Pension Code.
10    "Aggregate extension", except with respect to the City of
11Chicago School District #299, for the 2017 and 2018 levy years,
12means the annual corporate extension for the taxing district
13and those special purpose extensions that are made annually for
14the taxing district, excluding special purpose extensions: (a)
15made for the payment of principal and interest on bonds or
16other evidences of indebtedness issued by the taxing district;
17(b) made for contributions to a pension fund created under the
18Illinois Pension Code; and (c) made for public safety purposes.
19Notwithstanding the provisions of this definition of
20"aggregate extension", if a special purpose extension (i) made
21for the payment of principal and interest on bonds or other
22evidences of indebtedness issued by the taxing district, (ii)
23made for contributions to a pension fund created under the
24Illinois Pension Code (other than extensions made by the City
25of Chicago for public safety pension contributions required
26under the Illinois Pension Code), or (iii) made for public

 

 

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1safety purposes (other than extensions made by the City of
2Chicago for public safety pension contributions required under
3the Illinois Pension Code) was required to be included in a
4taxing district's aggregate extension for the 2016 levy year,
5then that special purpose extension is also included in the
6taxing district's aggregate extension for the 2017 and 2018
7levy years; provided that the extension limitation for those
8extensions for the 2017 and 2018 levy years shall be (1) the
9lesser of 5% or the percentage increase in the Consumer Price
10Index during the 12-month calendar year preceding the levy year
11or (2) the rate of increase approved by voters under Section
1218-205. For the purpose of this definition of "aggregate
13extension", the term "public safety" means crime prevention,
14detention, firefighting, police, medical, ambulance, or other
15emergency services.
16    "Debt service extension base" means an amount equal to that
17portion of the extension for a taxing district for the 1994
18levy year, or for those taxing districts subject to this Law in
19accordance with Section 18-213, except for those subject to
20paragraph (2) of subsection (e) of Section 18-213, for the levy
21year in which the referendum making this Law applicable to the
22taxing district is held, or for those taxing districts subject
23to this Law in accordance with paragraph (2) of subsection (e)
24of Section 18-213 for the 1996 levy year, or for those taxing
25districts that become subject to this Law as a result of this
26amendatory Act of the 100th General Assembly for the 2016 levy

 

 

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1year, constituting an extension for payment of principal and
2interest on bonds issued by the taxing district without
3referendum, but not including excluded non-referendum bonds.
4For park districts (i) that were first subject to this Law in
51991 or 1995 and (ii) whose extension for the 1994 levy year
6for the payment of principal and interest on bonds issued by
7the park district without referendum (but not including
8excluded non-referendum bonds) was less than 51% of the amount
9for the 1991 levy year constituting an extension for payment of
10principal and interest on bonds issued by the park district
11without referendum (but not including excluded non-referendum
12bonds), "debt service extension base" means an amount equal to
13that portion of the extension for the 1991 levy year
14constituting an extension for payment of principal and interest
15on bonds issued by the park district without referendum (but
16not including excluded non-referendum bonds). A debt service
17extension base established or increased at any time pursuant to
18any provision of this Law, except Section 18-212, shall be
19increased each year commencing with the later of (i) the 2009
20levy year or (ii) the first levy year in which this Law becomes
21applicable to the taxing district, by the lesser of 5% or the
22percentage increase in the Consumer Price Index during the
2312-month calendar year preceding the levy year. The debt
24service extension base may be established or increased as
25provided under Section 18-212. "Excluded non-referendum bonds"
26means (i) bonds authorized by Public Act 88-503 and issued

 

 

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1under Section 20a of the Chicago Park District Act for aquarium
2and museum projects; (ii) bonds issued under Section 15 of the
3Local Government Debt Reform Act; or (iii) refunding
4obligations issued to refund or to continue to refund
5obligations initially issued pursuant to referendum.
6    "Special purpose extensions" include, but are not limited
7to, extensions for levies made on an annual basis for
8unemployment and workers' compensation, self-insurance,
9contributions to pension plans, and extensions made pursuant to
10Section 6-601 of the Illinois Highway Code for a road
11district's permanent road fund whether levied annually or not.
12The extension for a special service area is not included in the
13aggregate extension.
14    "Aggregate extension base" means the taxing district's
15last preceding aggregate extension as adjusted under Sections
1618-135, 18-215, and 18-230. An adjustment under Section 18-135
17shall be made for the 2007 levy year and all subsequent levy
18years whenever one or more counties within which a taxing
19district is located (i) used estimated valuations or rates when
20extending taxes in the taxing district for the last preceding
21levy year that resulted in the over or under extension of
22taxes, or (ii) increased or decreased the tax extension for the
23last preceding levy year as required by Section 18-135(c).
24Whenever an adjustment is required under Section 18-135, the
25aggregate extension base of the taxing district shall be equal
26to the amount that the aggregate extension of the taxing

 

 

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1district would have been for the last preceding levy year if
2either or both (i) actual, rather than estimated, valuations or
3rates had been used to calculate the extension of taxes for the
4last levy year, or (ii) the tax extension for the last
5preceding levy year had not been adjusted as required by
6subsection (c) of Section 18-135.
7    Notwithstanding any other provision of law, for levy year
82012, the aggregate extension base for West Northfield School
9District No. 31 in Cook County shall be $12,654,592.
10    "Levy year" has the same meaning as "year" under Section
111-155.
12    "New property" means (i) the assessed value, after final
13board of review or board of appeals action, of new improvements
14or additions to existing improvements on any parcel of real
15property that increase the assessed value of that real property
16during the levy year multiplied by the equalization factor
17issued by the Department under Section 17-30, (ii) the assessed
18value, after final board of review or board of appeals action,
19of real property not exempt from real estate taxation, which
20real property was exempt from real estate taxation for any
21portion of the immediately preceding levy year, multiplied by
22the equalization factor issued by the Department under Section
2317-30, including the assessed value, upon final stabilization
24of occupancy after new construction is complete, of any real
25property located within the boundaries of an otherwise or
26previously exempt military reservation that is intended for

 

 

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1residential use and owned by or leased to a private corporation
2or other entity, (iii) in counties that classify in accordance
3with Section 4 of Article IX of the Illinois Constitution, an
4incentive property's additional assessed value resulting from
5a scheduled increase in the level of assessment as applied to
6the first year final board of review market value, and (iv) any
7increase in assessed value due to oil or gas production from an
8oil or gas well required to be permitted under the Hydraulic
9Fracturing Regulatory Act that was not produced in or accounted
10for during the previous levy year. In addition, the county
11clerk in a county containing a population of 3,000,000 or more
12shall include in the 1997 recovered tax increment value for any
13school district, any recovered tax increment value that was
14applicable to the 1995 tax year calculations.
15    "Qualified airport authority" means an airport authority
16organized under the Airport Authorities Act and located in a
17county bordering on the State of Wisconsin and having a
18population in excess of 200,000 and not greater than 500,000.
19    "Recovered tax increment value" means, except as otherwise
20provided in this paragraph, the amount of the current year's
21equalized assessed value, in the first year after a
22municipality terminates the designation of an area as a
23redevelopment project area previously established under the
24Tax Increment Allocation Development Act in the Illinois
25Municipal Code, previously established under the Industrial
26Jobs Recovery Law in the Illinois Municipal Code, previously

 

 

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1established under the Economic Development Project Area Tax
2Increment Act of 1995, or previously established under the
3Economic Development Area Tax Increment Allocation Act, of each
4taxable lot, block, tract, or parcel of real property in the
5redevelopment project area over and above the initial equalized
6assessed value of each property in the redevelopment project
7area. For the taxes which are extended for the 1997 levy year,
8the recovered tax increment value for a non-home rule taxing
9district that first became subject to this Law for the 1995
10levy year because a majority of its 1994 equalized assessed
11value was in an affected county or counties shall be increased
12if a municipality terminated the designation of an area in 1993
13as a redevelopment project area previously established under
14the Tax Increment Allocation Development Act in the Illinois
15Municipal Code, previously established under the Industrial
16Jobs Recovery Law in the Illinois Municipal Code, or previously
17established under the Economic Development Area Tax Increment
18Allocation Act, by an amount equal to the 1994 equalized
19assessed value of each taxable lot, block, tract, or parcel of
20real property in the redevelopment project area over and above
21the initial equalized assessed value of each property in the
22redevelopment project area. In the first year after a
23municipality removes a taxable lot, block, tract, or parcel of
24real property from a redevelopment project area established
25under the Tax Increment Allocation Development Act in the
26Illinois Municipal Code, the Industrial Jobs Recovery Law in

 

 

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1the Illinois Municipal Code, or the Economic Development Area
2Tax Increment Allocation Act, "recovered tax increment value"
3means the amount of the current year's equalized assessed value
4of each taxable lot, block, tract, or parcel of real property
5removed from the redevelopment project area over and above the
6initial equalized assessed value of that real property before
7removal from the redevelopment project area.
8    Except as otherwise provided in this Section, "limiting
9rate" means a fraction the numerator of which is the last
10preceding aggregate extension base times an amount equal to one
11plus the extension limitation defined in this Section and the
12denominator of which is the current year's equalized assessed
13value of all real property in the territory under the
14jurisdiction of the taxing district during the prior levy year.
15For those taxing districts that reduced their aggregate
16extension for the last preceding levy year, the highest
17aggregate extension in any of the last 3 preceding levy years
18shall be used for the purpose of computing the limiting rate.
19The denominator shall not include new property or the recovered
20tax increment value. If a new rate, a rate decrease, or a
21limiting rate increase has been approved at an election held
22after March 21, 2006, then (i) the otherwise applicable
23limiting rate shall be increased by the amount of the new rate
24or shall be reduced by the amount of the rate decrease, as the
25case may be, or (ii) in the case of a limiting rate increase,
26the limiting rate shall be equal to the rate set forth in the

 

 

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1proposition approved by the voters for each of the years
2specified in the proposition, after which the limiting rate of
3the taxing district shall be calculated as otherwise provided.
4In the case of a taxing district that obtained referendum
5approval for an increased limiting rate on March 20, 2012, the
6limiting rate for tax year 2012 shall be the rate that
7generates the approximate total amount of taxes extendable for
8that tax year, as set forth in the proposition approved by the
9voters; this rate shall be the final rate applied by the county
10clerk for the aggregate of all capped funds of the district for
11tax year 2012.
12(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,
13eff. 7-27-15.)
 
14    (Text of Section after amendment by P.A. 99-521)
15    Sec. 18-185. Short title; definitions. This Division 5 may
16be cited as the Property Tax Extension Limitation Law. As used
17in this Division 5:
18    "Consumer Price Index" means the Consumer Price Index for
19All Urban Consumers for all items published by the United
20States Department of Labor.
21    "Extension limitation", except as otherwise provided in
22this paragraph, means (a) the lesser of 5% or the percentage
23increase in the Consumer Price Index during the 12-month
24calendar year preceding the levy year or (b) the rate of
25increase approved by voters under Section 18-205. For the 2017

 

 

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1and 2018 levy years only, for taxing districts other than the
2City of Chicago School District #299, "extension limitation"
3means 0% or the rate of increase approved by the voters under
4Section 18-205. For the 2017 and 2018 levy years, if a special
5purpose extension (i) made for the payment of principal and
6interest on bonds or other evidences of indebtedness issued by
7the taxing district, (ii) made for contributions to a pension
8fund created under the Illinois Pension Code (other than
9extensions made by the City of Chicago for public safety
10pension contributions under the Illinois Pension Code), or
11(iii) made for public safety purposes (other than extensions
12made by the City of Chicago for public safety pension
13contributions under the Illinois Pension Code) was required to
14be included in a taxing district's aggregate extension for the
152016 levy year, then the extension limitation for those
16extensions for the 2017 and 2018 levy years shall be (1) the
17lesser of 5% or the percentage increase in the Consumer Price
18Index during the 12-month calendar year preceding the levy year
19or (2) the rate of increase approved by voters under Section
2018-205. For the 2017 and 2018 levy years, for the City of
21Chicago School District #299, "extension limitation" means (1)
22the lesser of 5% or the percentage increase in the Consumer
23Price Index during the 12-month calendar year preceding the
24levy year or (2) the rate of increase approved by voters under
25Section 18-205.
26    "Affected county" means a county of 3,000,000 or more

 

 

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1inhabitants or a county contiguous to a county of 3,000,000 or
2more inhabitants.
3    "Taxing district" has the same meaning provided in Section
41-150, except as otherwise provided in this Section. For the
51991 through 1994 levy years only, "taxing district" includes
6only each non-home rule taxing district having the majority of
7its 1990 equalized assessed value within any county or counties
8contiguous to a county with 3,000,000 or more inhabitants.
9Beginning with the 1995 levy year, "taxing district" includes
10only each non-home rule taxing district subject to this Law
11before the 1995 levy year and each non-home rule taxing
12district not subject to this Law before the 1995 levy year
13having the majority of its 1994 equalized assessed value in an
14affected county or counties. Beginning with the levy year in
15which this Law becomes applicable to a taxing district as
16provided in Section 18-213, "taxing district" also includes
17those taxing districts made subject to this Law as provided in
18Section 18-213. For the 2017 and 2018 levy years, "taxing
19district" has the same meaning provided in Section 1-150 and
20includes home rule units.
21    "Aggregate extension" for taxing districts to which this
22Law applied before the 1995 levy year means, except with
23respect to the 2017 and 2018 levy years, the annual corporate
24extension for the taxing district and those special purpose
25extensions that are made annually for the taxing district,
26excluding special purpose extensions: (a) made for the taxing

 

 

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1district to pay interest or principal on general obligation
2bonds that were approved by referendum; (b) made for any taxing
3district to pay interest or principal on general obligation
4bonds issued before October 1, 1991; (c) made for any taxing
5district to pay interest or principal on bonds issued to refund
6or continue to refund those bonds issued before October 1,
71991; (d) made for any taxing district to pay interest or
8principal on bonds issued to refund or continue to refund bonds
9issued after October 1, 1991 that were approved by referendum;
10(e) made for any taxing district to pay interest or principal
11on revenue bonds issued before October 1, 1991 for payment of
12which a property tax levy or the full faith and credit of the
13unit of local government is pledged; however, a tax for the
14payment of interest or principal on those bonds shall be made
15only after the governing body of the unit of local government
16finds that all other sources for payment are insufficient to
17make those payments; (f) made for payments under a building
18commission lease when the lease payments are for the retirement
19of bonds issued by the commission before October 1, 1991, to
20pay for the building project; (g) made for payments due under
21installment contracts entered into before October 1, 1991; (h)
22made for payments of principal and interest on bonds issued
23under the Metropolitan Water Reclamation District Act to
24finance construction projects initiated before October 1,
251991; (i) made for payments of principal and interest on
26limited bonds, as defined in Section 3 of the Local Government

 

 

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1Debt Reform Act, in an amount not to exceed the debt service
2extension base less the amount in items (b), (c), (e), and (h)
3of this definition for non-referendum obligations, except
4obligations initially issued pursuant to referendum; (j) made
5for payments of principal and interest on bonds issued under
6Section 15 of the Local Government Debt Reform Act; (k) made by
7a school district that participates in the Special Education
8District of Lake County, created by special education joint
9agreement under Section 10-22.31 of the School Code, for
10payment of the school district's share of the amounts required
11to be contributed by the Special Education District of Lake
12County to the Illinois Municipal Retirement Fund under Article
137 of the Illinois Pension Code; the amount of any extension
14under this item (k) shall be certified by the school district
15to the county clerk; (l) made to fund expenses of providing
16joint recreational programs for persons with disabilities
17under Section 5-8 of the Park District Code or Section 11-95-14
18of the Illinois Municipal Code; (m) made for temporary
19relocation loan repayment purposes pursuant to Sections 2-3.77
20and 17-2.2d of the School Code; (n) made for payment of
21principal and interest on any bonds issued under the authority
22of Section 17-2.2d of the School Code; (o) made for
23contributions to a firefighter's pension fund created under
24Article 4 of the Illinois Pension Code, to the extent of the
25amount certified under item (5) of Section 4-134 of the
26Illinois Pension Code; and (p) made for road purposes in the

 

 

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1first year after a township assumes the rights, powers, duties,
2assets, property, liabilities, obligations, and
3responsibilities of a road district abolished under the
4provisions of Section 6-133 of the Illinois Highway Code.
5    "Aggregate extension" for the taxing districts to which
6this Law did not apply before the 1995 levy year (except taxing
7districts subject to this Law in accordance with Section
818-213) means, except with respect to the 2017 and 2018 levy
9years, the annual corporate extension for the taxing district
10and those special purpose extensions that are made annually for
11the taxing district, excluding special purpose extensions: (a)
12made for the taxing district to pay interest or principal on
13general obligation bonds that were approved by referendum; (b)
14made for any taxing district to pay interest or principal on
15general obligation bonds issued before March 1, 1995; (c) made
16for any taxing district to pay interest or principal on bonds
17issued to refund or continue to refund those bonds issued
18before March 1, 1995; (d) made for any taxing district to pay
19interest or principal on bonds issued to refund or continue to
20refund bonds issued after March 1, 1995 that were approved by
21referendum; (e) made for any taxing district to pay interest or
22principal on revenue bonds issued before March 1, 1995 for
23payment of which a property tax levy or the full faith and
24credit of the unit of local government is pledged; however, a
25tax for the payment of interest or principal on those bonds
26shall be made only after the governing body of the unit of

 

 

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1local government finds that all other sources for payment are
2insufficient to make those payments; (f) made for payments
3under a building commission lease when the lease payments are
4for the retirement of bonds issued by the commission before
5March 1, 1995 to pay for the building project; (g) made for
6payments due under installment contracts entered into before
7March 1, 1995; (h) made for payments of principal and interest
8on bonds issued under the Metropolitan Water Reclamation
9District Act to finance construction projects initiated before
10October 1, 1991; (h-4) made for stormwater management purposes
11by the Metropolitan Water Reclamation District of Greater
12Chicago under Section 12 of the Metropolitan Water Reclamation
13District Act; (i) made for payments of principal and interest
14on limited bonds, as defined in Section 3 of the Local
15Government Debt Reform Act, in an amount not to exceed the debt
16service extension base less the amount in items (b), (c), and
17(e) of this definition for non-referendum obligations, except
18obligations initially issued pursuant to referendum and bonds
19described in subsection (h) of this definition; (j) made for
20payments of principal and interest on bonds issued under
21Section 15 of the Local Government Debt Reform Act; (k) made
22for payments of principal and interest on bonds authorized by
23Public Act 88-503 and issued under Section 20a of the Chicago
24Park District Act for aquarium or museum projects; (l) made for
25payments of principal and interest on bonds authorized by
26Public Act 87-1191 or 93-601 and (i) issued pursuant to Section

 

 

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121.2 of the Cook County Forest Preserve District Act, (ii)
2issued under Section 42 of the Cook County Forest Preserve
3District Act for zoological park projects, or (iii) issued
4under Section 44.1 of the Cook County Forest Preserve District
5Act for botanical gardens projects; (m) made pursuant to
6Section 34-53.5 of the School Code, whether levied annually or
7not; (n) made to fund expenses of providing joint recreational
8programs for persons with disabilities under Section 5-8 of the
9Park District Code or Section 11-95-14 of the Illinois
10Municipal Code; (o) made by the Chicago Park District for
11recreational programs for persons with disabilities under
12subsection (c) of Section 7.06 of the Chicago Park District
13Act; (p) made for contributions to a firefighter's pension fund
14created under Article 4 of the Illinois Pension Code, to the
15extent of the amount certified under item (5) of Section 4-134
16of the Illinois Pension Code; (q) made by Ford Heights School
17District 169 under Section 17-9.02 of the School Code; and (r)
18made for the purpose of making employer contributions to the
19Public School Teachers' Pension and Retirement Fund of Chicago
20under Section 34-53 of the School Code. Notwithstanding the
21provisions of this amendatory Act of the 100th General
22Assembly, this definition of "aggregate extension" applies to
23the City of Chicago School District #299 for the 2017 and 2018
24levy years.
25    "Aggregate extension" for all taxing districts to which
26this Law applies in accordance with Section 18-213, except for

 

 

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1those taxing districts subject to paragraph (2) of subsection
2(e) of Section 18-213, means, except with respect to the 2017
3and 2018 levy years, the annual corporate extension for the
4taxing district and those special purpose extensions that are
5made annually for the taxing district, excluding special
6purpose extensions: (a) made for the taxing district to pay
7interest or principal on general obligation bonds that were
8approved by referendum; (b) made for any taxing district to pay
9interest or principal on general obligation bonds issued before
10the date on which the referendum making this Law applicable to
11the taxing district is held; (c) made for any taxing district
12to pay interest or principal on bonds issued to refund or
13continue to refund those bonds issued before the date on which
14the referendum making this Law applicable to the taxing
15district is held; (d) made for any taxing district to pay
16interest or principal on bonds issued to refund or continue to
17refund bonds issued after the date on which the referendum
18making this Law applicable to the taxing district is held if
19the bonds were approved by referendum after the date on which
20the referendum making this Law applicable to the taxing
21district is held; (e) made for any taxing district to pay
22interest or principal on revenue bonds issued before the date
23on which the referendum making this Law applicable to the
24taxing district is held for payment of which a property tax
25levy or the full faith and credit of the unit of local
26government is pledged; however, a tax for the payment of

 

 

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1interest or principal on those bonds shall be made only after
2the governing body of the unit of local government finds that
3all other sources for payment are insufficient to make those
4payments; (f) made for payments under a building commission
5lease when the lease payments are for the retirement of bonds
6issued by the commission before the date on which the
7referendum making this Law applicable to the taxing district is
8held to pay for the building project; (g) made for payments due
9under installment contracts entered into before the date on
10which the referendum making this Law applicable to the taxing
11district is held; (h) made for payments of principal and
12interest on limited bonds, as defined in Section 3 of the Local
13Government Debt Reform Act, in an amount not to exceed the debt
14service extension base less the amount in items (b), (c), and
15(e) of this definition for non-referendum obligations, except
16obligations initially issued pursuant to referendum; (i) made
17for payments of principal and interest on bonds issued under
18Section 15 of the Local Government Debt Reform Act; (j) made
19for a qualified airport authority to pay interest or principal
20on general obligation bonds issued for the purpose of paying
21obligations due under, or financing airport facilities
22required to be acquired, constructed, installed or equipped
23pursuant to, contracts entered into before March 1, 1996 (but
24not including any amendments to such a contract taking effect
25on or after that date); (k) made to fund expenses of providing
26joint recreational programs for persons with disabilities

 

 

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1under Section 5-8 of the Park District Code or Section 11-95-14
2of the Illinois Municipal Code; (l) made for contributions to a
3firefighter's pension fund created under Article 4 of the
4Illinois Pension Code, to the extent of the amount certified
5under item (5) of Section 4-134 of the Illinois Pension Code;
6and (m) made for the taxing district to pay interest or
7principal on general obligation bonds issued pursuant to
8Section 19-3.10 of the School Code.
9    "Aggregate extension" for all taxing districts to which
10this Law applies in accordance with paragraph (2) of subsection
11(e) of Section 18-213 means, except with respect to the 2017
12and 2018 levy years, the annual corporate extension for the
13taxing district and those special purpose extensions that are
14made annually for the taxing district, excluding special
15purpose extensions: (a) made for the taxing district to pay
16interest or principal on general obligation bonds that were
17approved by referendum; (b) made for any taxing district to pay
18interest or principal on general obligation bonds issued before
19the effective date of this amendatory Act of 1997; (c) made for
20any taxing district to pay interest or principal on bonds
21issued to refund or continue to refund those bonds issued
22before the effective date of this amendatory Act of 1997; (d)
23made for any taxing district to pay interest or principal on
24bonds issued to refund or continue to refund bonds issued after
25the effective date of this amendatory Act of 1997 if the bonds
26were approved by referendum after the effective date of this

 

 

10000SB0013sam001- 32 -LRB100 06355 HLH 18251 a

1amendatory Act of 1997; (e) made for any taxing district to pay
2interest or principal on revenue bonds issued before the
3effective date of this amendatory Act of 1997 for payment of
4which a property tax levy or the full faith and credit of the
5unit of local government is pledged; however, a tax for the
6payment of interest or principal on those bonds shall be made
7only after the governing body of the unit of local government
8finds that all other sources for payment are insufficient to
9make those payments; (f) made for payments under a building
10commission lease when the lease payments are for the retirement
11of bonds issued by the commission before the effective date of
12this amendatory Act of 1997 to pay for the building project;
13(g) made for payments due under installment contracts entered
14into before the effective date of this amendatory Act of 1997;
15(h) made for payments of principal and interest on limited
16bonds, as defined in Section 3 of the Local Government Debt
17Reform Act, in an amount not to exceed the debt service
18extension base less the amount in items (b), (c), and (e) of
19this definition for non-referendum obligations, except
20obligations initially issued pursuant to referendum; (i) made
21for payments of principal and interest on bonds issued under
22Section 15 of the Local Government Debt Reform Act; (j) made
23for a qualified airport authority to pay interest or principal
24on general obligation bonds issued for the purpose of paying
25obligations due under, or financing airport facilities
26required to be acquired, constructed, installed or equipped

 

 

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1pursuant to, contracts entered into before March 1, 1996 (but
2not including any amendments to such a contract taking effect
3on or after that date); (k) made to fund expenses of providing
4joint recreational programs for persons with disabilities
5under Section 5-8 of the Park District Code or Section 11-95-14
6of the Illinois Municipal Code; and (l) made for contributions
7to a firefighter's pension fund created under Article 4 of the
8Illinois Pension Code, to the extent of the amount certified
9under item (5) of Section 4-134 of the Illinois Pension Code.
10    "Aggregate extension", except with respect to the City of
11Chicago School District #299, for the 2017 and 2018 levy years,
12means the annual corporate extension for the taxing district
13and those special purpose extensions that are made annually for
14the taxing district, excluding special purpose extensions: (a)
15made for the payment of principal and interest on bonds or
16other evidences of indebtedness issued by the taxing district;
17(b) made for contributions to a pension fund created under the
18Illinois Pension Code; and (c) made for public safety purposes.
19Notwithstanding the provisions of this definition of
20"aggregate extension", if a special purpose extension (i) made
21for the payment of principal and interest on bonds or other
22evidences of indebtedness issued by the taxing district, (ii)
23made for contributions to a pension fund created under the
24Illinois Pension Code (other than extensions made by the City
25of Chicago for public safety pension contributions required
26under the Illinois Pension Code), or (iii) made for public

 

 

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1safety purposes (other than extensions made by the City of
2Chicago for public safety pension contributions required under
3the Illinois Pension Code) was required to be included in a
4taxing district's aggregate extension for the 2016 levy year,
5then that special purpose extension is also included in the
6taxing district's aggregate extension for the 2017 and 2018
7levy years; provided that the extension limitation for those
8extensions for the 2017 and 2018 levy years shall be (1) the
9lesser of 5% or the percentage increase in the Consumer Price
10Index during the 12-month calendar year preceding the levy year
11or (2) the rate of increase approved by voters under Section
1218-205. For the purpose of this definition of "aggregate
13extension", the term "public safety" means crime prevention,
14detention, firefighting, police, medical, ambulance, or other
15emergency services.
16    "Debt service extension base" means an amount equal to that
17portion of the extension for a taxing district for the 1994
18levy year, or for those taxing districts subject to this Law in
19accordance with Section 18-213, except for those subject to
20paragraph (2) of subsection (e) of Section 18-213, for the levy
21year in which the referendum making this Law applicable to the
22taxing district is held, or for those taxing districts subject
23to this Law in accordance with paragraph (2) of subsection (e)
24of Section 18-213 for the 1996 levy year, or for those taxing
25districts that become subject to this Law as a result of this
26amendatory Act of the 100th General Assembly for the 2016 levy

 

 

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1year, constituting an extension for payment of principal and
2interest on bonds issued by the taxing district without
3referendum, but not including excluded non-referendum bonds.
4For park districts (i) that were first subject to this Law in
51991 or 1995 and (ii) whose extension for the 1994 levy year
6for the payment of principal and interest on bonds issued by
7the park district without referendum (but not including
8excluded non-referendum bonds) was less than 51% of the amount
9for the 1991 levy year constituting an extension for payment of
10principal and interest on bonds issued by the park district
11without referendum (but not including excluded non-referendum
12bonds), "debt service extension base" means an amount equal to
13that portion of the extension for the 1991 levy year
14constituting an extension for payment of principal and interest
15on bonds issued by the park district without referendum (but
16not including excluded non-referendum bonds). A debt service
17extension base established or increased at any time pursuant to
18any provision of this Law, except Section 18-212, shall be
19increased each year commencing with the later of (i) the 2009
20levy year or (ii) the first levy year in which this Law becomes
21applicable to the taxing district, by the lesser of 5% or the
22percentage increase in the Consumer Price Index during the
2312-month calendar year preceding the levy year. The debt
24service extension base may be established or increased as
25provided under Section 18-212. "Excluded non-referendum bonds"
26means (i) bonds authorized by Public Act 88-503 and issued

 

 

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1under Section 20a of the Chicago Park District Act for aquarium
2and museum projects; (ii) bonds issued under Section 15 of the
3Local Government Debt Reform Act; or (iii) refunding
4obligations issued to refund or to continue to refund
5obligations initially issued pursuant to referendum.
6    "Special purpose extensions" include, but are not limited
7to, extensions for levies made on an annual basis for
8unemployment and workers' compensation, self-insurance,
9contributions to pension plans, and extensions made pursuant to
10Section 6-601 of the Illinois Highway Code for a road
11district's permanent road fund whether levied annually or not.
12The extension for a special service area is not included in the
13aggregate extension.
14    "Aggregate extension base" means the taxing district's
15last preceding aggregate extension as adjusted under Sections
1618-135, 18-215, and 18-230. An adjustment under Section 18-135
17shall be made for the 2007 levy year and all subsequent levy
18years whenever one or more counties within which a taxing
19district is located (i) used estimated valuations or rates when
20extending taxes in the taxing district for the last preceding
21levy year that resulted in the over or under extension of
22taxes, or (ii) increased or decreased the tax extension for the
23last preceding levy year as required by Section 18-135(c).
24Whenever an adjustment is required under Section 18-135, the
25aggregate extension base of the taxing district shall be equal
26to the amount that the aggregate extension of the taxing

 

 

10000SB0013sam001- 37 -LRB100 06355 HLH 18251 a

1district would have been for the last preceding levy year if
2either or both (i) actual, rather than estimated, valuations or
3rates had been used to calculate the extension of taxes for the
4last levy year, or (ii) the tax extension for the last
5preceding levy year had not been adjusted as required by
6subsection (c) of Section 18-135.
7    Notwithstanding any other provision of law, for levy year
82012, the aggregate extension base for West Northfield School
9District No. 31 in Cook County shall be $12,654,592.
10    "Levy year" has the same meaning as "year" under Section
111-155.
12    "New property" means (i) the assessed value, after final
13board of review or board of appeals action, of new improvements
14or additions to existing improvements on any parcel of real
15property that increase the assessed value of that real property
16during the levy year multiplied by the equalization factor
17issued by the Department under Section 17-30, (ii) the assessed
18value, after final board of review or board of appeals action,
19of real property not exempt from real estate taxation, which
20real property was exempt from real estate taxation for any
21portion of the immediately preceding levy year, multiplied by
22the equalization factor issued by the Department under Section
2317-30, including the assessed value, upon final stabilization
24of occupancy after new construction is complete, of any real
25property located within the boundaries of an otherwise or
26previously exempt military reservation that is intended for

 

 

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1residential use and owned by or leased to a private corporation
2or other entity, (iii) in counties that classify in accordance
3with Section 4 of Article IX of the Illinois Constitution, an
4incentive property's additional assessed value resulting from
5a scheduled increase in the level of assessment as applied to
6the first year final board of review market value, and (iv) any
7increase in assessed value due to oil or gas production from an
8oil or gas well required to be permitted under the Hydraulic
9Fracturing Regulatory Act that was not produced in or accounted
10for during the previous levy year. In addition, the county
11clerk in a county containing a population of 3,000,000 or more
12shall include in the 1997 recovered tax increment value for any
13school district, any recovered tax increment value that was
14applicable to the 1995 tax year calculations.
15    "Qualified airport authority" means an airport authority
16organized under the Airport Authorities Act and located in a
17county bordering on the State of Wisconsin and having a
18population in excess of 200,000 and not greater than 500,000.
19    "Recovered tax increment value" means, except as otherwise
20provided in this paragraph, the amount of the current year's
21equalized assessed value, in the first year after a
22municipality terminates the designation of an area as a
23redevelopment project area previously established under the
24Tax Increment Allocation Development Act in the Illinois
25Municipal Code, previously established under the Industrial
26Jobs Recovery Law in the Illinois Municipal Code, previously

 

 

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1established under the Economic Development Project Area Tax
2Increment Act of 1995, or previously established under the
3Economic Development Area Tax Increment Allocation Act, of each
4taxable lot, block, tract, or parcel of real property in the
5redevelopment project area over and above the initial equalized
6assessed value of each property in the redevelopment project
7area. For the taxes which are extended for the 1997 levy year,
8the recovered tax increment value for a non-home rule taxing
9district that first became subject to this Law for the 1995
10levy year because a majority of its 1994 equalized assessed
11value was in an affected county or counties shall be increased
12if a municipality terminated the designation of an area in 1993
13as a redevelopment project area previously established under
14the Tax Increment Allocation Development Act in the Illinois
15Municipal Code, previously established under the Industrial
16Jobs Recovery Law in the Illinois Municipal Code, or previously
17established under the Economic Development Area Tax Increment
18Allocation Act, by an amount equal to the 1994 equalized
19assessed value of each taxable lot, block, tract, or parcel of
20real property in the redevelopment project area over and above
21the initial equalized assessed value of each property in the
22redevelopment project area. In the first year after a
23municipality removes a taxable lot, block, tract, or parcel of
24real property from a redevelopment project area established
25under the Tax Increment Allocation Development Act in the
26Illinois Municipal Code, the Industrial Jobs Recovery Law in

 

 

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1the Illinois Municipal Code, or the Economic Development Area
2Tax Increment Allocation Act, "recovered tax increment value"
3means the amount of the current year's equalized assessed value
4of each taxable lot, block, tract, or parcel of real property
5removed from the redevelopment project area over and above the
6initial equalized assessed value of that real property before
7removal from the redevelopment project area.
8    Except as otherwise provided in this Section, "limiting
9rate" means a fraction the numerator of which is the last
10preceding aggregate extension base times an amount equal to one
11plus the extension limitation defined in this Section and the
12denominator of which is the current year's equalized assessed
13value of all real property in the territory under the
14jurisdiction of the taxing district during the prior levy year.
15For those taxing districts that reduced their aggregate
16extension for the last preceding levy year, the highest
17aggregate extension in any of the last 3 preceding levy years
18shall be used for the purpose of computing the limiting rate.
19The denominator shall not include new property or the recovered
20tax increment value. If a new rate, a rate decrease, or a
21limiting rate increase has been approved at an election held
22after March 21, 2006, then (i) the otherwise applicable
23limiting rate shall be increased by the amount of the new rate
24or shall be reduced by the amount of the rate decrease, as the
25case may be, or (ii) in the case of a limiting rate increase,
26the limiting rate shall be equal to the rate set forth in the

 

 

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1proposition approved by the voters for each of the years
2specified in the proposition, after which the limiting rate of
3the taxing district shall be calculated as otherwise provided.
4In the case of a taxing district that obtained referendum
5approval for an increased limiting rate on March 20, 2012, the
6limiting rate for tax year 2012 shall be the rate that
7generates the approximate total amount of taxes extendable for
8that tax year, as set forth in the proposition approved by the
9voters; this rate shall be the final rate applied by the county
10clerk for the aggregate of all capped funds of the district for
11tax year 2012.
12(Source: P.A. 98-6, eff. 3-29-13; 98-23, eff. 6-17-13; 99-143,
13eff. 7-27-15; 99-521, eff. 6-1-17.)
 
14    (35 ILCS 200/18-205)
15    Sec. 18-205. Referendum to increase the extension
16limitation.
17    (a) A taxing district is limited to an extension limitation
18as defined in Section 18-185 of 5% or the percentage increase
19in the Consumer Price Index during the 12-month calendar year
20preceding the levy year, whichever is less. A taxing district
21may increase its extension limitation for one or more levy
22years if that taxing district holds a referendum before the
23levy date for the first levy year at which a majority of voters
24voting on the issue approves adoption of a higher extension
25limitation. Referenda shall be conducted at a regularly

 

 

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1scheduled election in accordance with the Election Code.
2    (b) The question shall be presented in substantially the
3following manner for all elections held after March 21, 2006:
4        Shall the extension limitation under the Property Tax
5    Extension Limitation Law for (insert the legal name,
6    number, if any, and county or counties of the taxing
7    district and geographic or other common name by which a
8    school or community college district is known and referred
9    to), Illinois, be increased from (applicable extension
10    limitation set forth in Section 18-185) the lesser of 5% or
11    the percentage increase in the Consumer Price Index over
12    the prior levy year to (insert the percentage of the
13    proposed increase)% per year for (insert each levy year for
14    which the increased extension limitation will apply)?
15    (c) The votes must be recorded as "Yes" or "No".
16If a majority of voters voting on the issue approves the
17adoption of the increase, the increase shall be applicable for
18each levy year specified.
19    (d) The ballot for any question submitted pursuant to this
20Section shall have printed thereon, but not as a part of the
21question submitted, only the following supplemental
22information (which shall be supplied to the election authority
23by the taxing district) in substantially the following form:
24        (1) For the (insert the first levy year for which the
25    increased extension limitation will be applicable) levy
26    year the approximate amount of the additional tax

 

 

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1    extendable against property containing a single family
2    residence and having a fair market value at the time of the
3    referendum of $100,000 is estimated to be $....
4        (2) Based upon an average annual percentage increase
5    (or decrease) in the market value of such property of ...%
6    (insert percentage equal to the average annual percentage
7    increase or decrease for the prior 3 levy years, at the
8    time the submission of the question is initiated by the
9    taxing district, in the amount of (A) the equalized
10    assessed value of the taxable property in the taxing
11    district less (B) the new property included in the
12    equalized assessed value), the approximate amount of the
13    additional tax extendable against such property for the ...
14    levy year is estimated to be $... and for the ... levy year
15    is estimated to be $....
16    Paragraph (2) shall be included only if the increased
17extension limitation will be applicable for more than one year
18and shall list each levy year for which the increased extension
19limitation will be applicable. The additional tax shown for
20each levy year shall be the approximate dollar amount of the
21increase over the amount of the most recently completed
22extension at the time the submission of the question is
23initiated by the taxing district. The approximate amount of the
24additional tax extendable shown in paragraphs (1) and (2) shall
25be calculated by multiplying $100,000 (the fair market value of
26the property without regard to any property tax exemptions) by

 

 

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1(i) the percentage level of assessment prescribed for that
2property by statute, or by ordinance of the county board in
3counties that classify property for purposes of taxation in
4accordance with Section 4 of Article IX of the Illinois
5Constitution; (ii) the most recent final equalization factor
6certified to the county clerk by the Department of Revenue at
7the time the taxing district initiates the submission of the
8proposition to the electors; (iii) the last known aggregate
9extension base of the taxing district at the time the
10submission of the question is initiated by the taxing district;
11and (iv) the difference between the percentage increase
12proposed in the question and the otherwise applicable extension
13limitation under Section 18-185 the lesser of 5% or the
14percentage increase in the Consumer Price Index for the prior
15levy year (or an estimate of the percentage increase for the
16prior levy year if the increase is unavailable at the time the
17submission of the question is initiated by the taxing
18district); and dividing the result by the last known equalized
19assessed value of the taxing district at the time the
20submission of the question is initiated by the taxing district.
21This amendatory Act of the 97th General Assembly is intended to
22clarify the existing requirements of this Section, and shall
23not be construed to validate any prior non-compliant referendum
24language. Any notice required to be published in connection
25with the submission of the question shall also contain this
26supplemental information and shall not contain any other

 

 

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1supplemental information. Any error, miscalculation, or
2inaccuracy in computing any amount set forth on the ballot or
3in the notice that is not deliberate shall not invalidate or
4affect the validity of any proposition approved. Notice of the
5referendum shall be published and posted as otherwise required
6by law, and the submission of the question shall be initiated
7as provided by law.
8(Source: P.A. 97-1087, eff. 8-24-12.)
 
9    (35 ILCS 200/18-213)
10    Sec. 18-213. Referenda on applicability of the Property Tax
11Extension Limitation Law.
12    (a) The provisions of this Section do not apply to a taxing
13district subject to this Law because a majority of its 1990
14equalized assessed value is in a county or counties contiguous
15to a county of 3,000,000 or more inhabitants, or because a
16majority of its 1994 equalized assessed value is in an affected
17county and the taxing district was not subject to this Law
18before the 1995 levy year.
19    (b) The county board of a county that is not subject to
20this Law may, by ordinance or resolution, submit to the voters
21of the county the question of whether to make all non-home rule
22taxing districts that have all or a portion of their equalized
23assessed valuation situated in the county subject to this Law
24in the manner set forth in this Section.
25    For purposes of this Section only:

 

 

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1    "Taxing district" has the same meaning provided in Section
21-150.
3    "Equalized assessed valuation" means the equalized
4assessed valuation for a taxing district for the immediately
5preceding levy year.
6    (c) The ordinance or resolution shall request the
7submission of the proposition at any election, except a
8consolidated primary election, for the purpose of voting for or
9against making the Property Tax Extension Limitation Law
10applicable to all non-home rule taxing districts that have all
11or a portion of their equalized assessed valuation situated in
12the county.
13    The question shall be placed on a separate ballot and shall
14be in substantially the following form:
15        Shall the Property Tax Extension Limitation Law (35
16    ILCS 200/18-185 through 18-245), which limits annual
17    property tax extension increases, apply to non-home rule
18    taxing districts with all or a portion of their equalized
19    assessed valuation located in (name of county)?
20Votes on the question shall be recorded as "yes" or "no".
21    (d) The county clerk shall order the proposition submitted
22to the electors of the county at the election specified in the
23ordinance or resolution. If part of the county is under the
24jurisdiction of a board or boards of election commissioners,
25the county clerk shall submit a certified copy of the ordinance
26or resolution to each board of election commissioners, which

 

 

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1shall order the proposition submitted to the electors of the
2taxing district within its jurisdiction at the election
3specified in the ordinance or resolution.
4    (e) (1) With respect to taxing districts having all of
5    their equalized assessed valuation located in the county,
6    if a majority of the votes cast on the proposition are in
7    favor of the proposition, then this Law becomes applicable
8    to the taxing district beginning on January 1 of the year
9    following the date of the referendum.
10        (2) With respect to taxing districts that meet all the
11    following conditions this Law shall become applicable to
12    the taxing district beginning on January 1, 1997. The
13    districts to which this paragraph (2) is applicable
14            (A) do not have all of their equalized assessed
15        valuation located in a single county,
16            (B) have equalized assessed valuation in an
17        affected county,
18            (C) meet the condition that each county, other than
19        an affected county, in which any of the equalized
20        assessed valuation of the taxing district is located
21        has held a referendum under this Section at any
22        election, except a consolidated primary election, held
23        prior to the effective date of this amendatory Act of
24        1997, and
25            (D) have a majority of the district's equalized
26        assessed valuation located in one or more counties in

 

 

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1        each of which the voters have approved a referendum
2        under this Section prior to the effective date of this
3        amendatory Act of 1997. For purposes of this Section,
4        in determining whether a majority of the equalized
5        assessed valuation of the taxing district is located in
6        one or more counties in which the voters have approved
7        a referendum under this Section, the equalized
8        assessed valuation of the taxing district in any
9        affected county shall be included with the equalized
10        assessed value of the taxing district in counties in
11        which the voters have approved the referendum.
12        (3) With respect to taxing districts that do not have
13    all of their equalized assessed valuation located in a
14    single county and to which paragraph (2) of subsection (e)
15    is not applicable, if each county other than an affected
16    county in which any of the equalized assessed valuation of
17    the taxing district is located has held a referendum under
18    this Section at any election, except a consolidated primary
19    election, held in any year and if a majority of the
20    equalized assessed valuation of the taxing district is
21    located in one or more counties that have each approved a
22    referendum under this Section, then this Law shall become
23    applicable to the taxing district on January 1 of the year
24    following the year in which the last referendum in a county
25    in which the taxing district has any equalized assessed
26    valuation is held. For the purposes of this Law, the last

 

 

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1    referendum shall be deemed to be the referendum making this
2    Law applicable to the taxing district. For purposes of this
3    Section, in determining whether a majority of the equalized
4    assessed valuation of the taxing district is located in one
5    or more counties that have approved a referendum under this
6    Section, the equalized assessed valuation of the taxing
7    district in any affected county shall be included with the
8    equalized assessed value of the taxing district in counties
9    that have approved the referendum.
10    (f) Immediately after a referendum is held under this
11Section, the county clerk of the county holding the referendum
12shall give notice of the referendum having been held and its
13results to all taxing districts that have all or a portion of
14their equalized assessed valuation located in the county, the
15county clerk of any other county in which any of the equalized
16assessed valuation of any taxing district is located, and the
17Department of Revenue. After the last referendum affecting a
18multi-county taxing district is held, the Department of Revenue
19shall determine whether the taxing district is subject to this
20Law and, if so, shall notify the taxing district and the county
21clerks of all of the counties in which a portion of the
22equalized assessed valuation of the taxing district is located
23that, beginning the following January 1, the taxing district is
24subject to this Law. For each taxing district subject to
25paragraph (2) of subsection (e) of this Section, the Department
26of Revenue shall notify the taxing district and the county

 

 

10000SB0013sam001- 50 -LRB100 06355 HLH 18251 a

1clerks of all of the counties in which a portion of the
2equalized assessed valuation of the taxing district is located
3that, beginning January 1, 1997, the taxing district is subject
4to this Law.
5    (g) Referenda held under this Section shall be conducted in
6accordance with the Election Code.
7    (h) Notwithstanding any other provision of law, no
8referenda may be held under this Section with respect to levy
9years 2017 and 2018.
10(Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
 
11    (35 ILCS 200/18-214)
12    Sec. 18-214. Referenda on removal of the applicability of
13the Property Tax Extension Limitation Law to non-home rule
14taxing districts.
15    (a) The provisions of this Section do not apply to a taxing
16district that is subject to this Law because a majority of its
171990 equalized assessed value is in a county or counties
18contiguous to a county of 3,000,000 or more inhabitants, or
19because a majority of its 1994 equalized assessed value is in
20an affected county and the taxing district was not subject to
21this Law before the 1995 levy year.
22    (b) For purposes of this Section only:
23    "Taxing district" means any non-home rule taxing district
24that became subject to this Law under Section 18-213 of this
25Law.

 

 

10000SB0013sam001- 51 -LRB100 06355 HLH 18251 a

1    "Equalized assessed valuation" means the equalized
2assessed valuation for a taxing district for the immediately
3preceding levy year.
4    (c) The county board of a county that became subject to
5this Law by a referendum approved by the voters of the county
6under Section 18-213 may, by ordinance or resolution, in the
7manner set forth in this Section, submit to the voters of the
8county the question of whether this Law applies to all non-home
9rule taxing districts that have all or a portion of their
10equalized assessed valuation situated in the county in the
11manner set forth in this Section.
12    (d) The ordinance or resolution shall request the
13submission of the proposition at any election, except a
14consolidated primary election, for the purpose of voting for or
15against the continued application of the Property Tax Extension
16Limitation Law to all non-home rule taxing districts that have
17all or a portion of their equalized assessed valuation situated
18in the county.
19    The question shall be placed on a separate ballot and shall
20be in substantially the following form:
21        Shall the Property Tax Extension Limitation Law (35
22    ILCS 200/18-185 through 35 ILCS 200/18-245), which limits
23    annual property tax extension increases, apply to non-home
24    rule taxing districts with all or a portion of their
25    equalized assessed valuation located in (name of county)?
26Votes on the question shall be recorded as "yes" or "no".

 

 

10000SB0013sam001- 52 -LRB100 06355 HLH 18251 a

1    (e) The county clerk shall order the proposition submitted
2to the electors of the county at the election specified in the
3ordinance or resolution. If part of the county is under the
4jurisdiction of a board or boards of election commissioners,
5the county clerk shall submit a certified copy of the ordinance
6or resolution to each board of election commissioners, which
7shall order the proposition submitted to the electors of the
8taxing district within its jurisdiction at the election
9specified in the ordinance or resolution.
10    (f) With respect to taxing districts having all of their
11equalized assessed valuation located in one county, if a
12majority of the votes cast on the proposition are against the
13proposition, then this Law shall not apply to the taxing
14district beginning on January 1 of the year following the date
15of the referendum.
16    (g) With respect to taxing districts that do not have all
17of their equalized assessed valuation located in a single
18county, if both of the following conditions are met, then this
19Law shall no longer apply to the taxing district beginning on
20January 1 of the year following the date of the referendum.
21        (1) Each county in which the district has any equalized
22    assessed valuation must either, (i) have held a referendum
23    under this Section, (ii) be an affected county, or (iii)
24    have held a referendum under Section 18-213 at which the
25    voters rejected the proposition at the most recent election
26    at which the question was on the ballot in the county.

 

 

10000SB0013sam001- 53 -LRB100 06355 HLH 18251 a

1        (2) The majority of the equalized assessed valuation of
2    the taxing district, other than any equalized assessed
3    valuation in an affected county, is in one or more counties
4    in which the voters rejected the proposition. For purposes
5    of this Section, in determining whether a majority of the
6    equalized assessed valuation of the taxing district is
7    located in one or more counties in which the voters have
8    rejected the proposition under this Section, the equalized
9    assessed valuation of any taxing district in a county which
10    has held a referendum under Section 18-213 at which the
11    voters rejected that proposition, at the most recent
12    election at which the question was on the ballot in the
13    county, will be included with the equalized assessed value
14    of the taxing district in counties in which the voters have
15    rejected the referendum held under this Section.
16    (h) Immediately after a referendum is held under this
17Section, the county clerk of the county holding the referendum
18shall give notice of the referendum having been held and its
19results to all taxing districts that have all or a portion of
20their equalized assessed valuation located in the county, the
21county clerk of any other county in which any of the equalized
22assessed valuation of any such taxing district is located, and
23the Department of Revenue. After the last referendum affecting
24a multi-county taxing district is held, the Department of
25Revenue shall determine whether the taxing district is no
26longer subject to this Law and, if the taxing district is no

 

 

10000SB0013sam001- 54 -LRB100 06355 HLH 18251 a

1longer subject to this Law, the Department of Revenue shall
2notify the taxing district and the county clerks of all of the
3counties in which a portion of the equalized assessed valuation
4of the taxing district is located that, beginning on January 1
5of the year following the date of the last referendum, the
6taxing district is no longer subject to this Law.
7    (i) Notwithstanding any other provision of law, no
8referenda may be held under this Section with respect to levy
9years 2017 and 2018.
10(Source: P.A. 89-718, eff. 3-7-97.)
 
11    (35 ILCS 200/18-242 new)
12    Sec. 18-242. Home rule. This Division 5 is a limitation,
13under subsection (g) of Section 6 of Article VII of the
14Illinois Constitution, on the power of home rule units to tax.
 
15    Section 10. The School Code is amended by changing Sections
162-3.25g, 10-22.34c, 27-6, 27-7, and 27-24.2 and by adding
17Section 22-62 as follows:
 
18    (105 ILCS 5/2-3.25g)  (from Ch. 122, par. 2-3.25g)
19    Sec. 2-3.25g. Waiver or modification of mandates within the
20School Code and administrative rules and regulations.
21    (a) In this Section:
22        "Board" means a school board or the governing board or
23    administrative district, as the case may be, for a joint

 

 

10000SB0013sam001- 55 -LRB100 06355 HLH 18251 a

1    agreement.
2        "Eligible applicant" means a school district, joint
3    agreement made up of school districts, or regional
4    superintendent of schools on behalf of schools and programs
5    operated by the regional office of education.
6        "Implementation date" has the meaning set forth in
7    Section 24A-2.5 of this Code.
8        "State Board" means the State Board of Education.
9    (b) Notwithstanding any other provisions of this School
10Code or any other law of this State to the contrary, eligible
11applicants may petition the State Board of Education for the
12waiver or modification of the mandates of this School Code or
13of the administrative rules and regulations promulgated by the
14State Board of Education. Waivers or modifications of
15administrative rules and regulations and modifications of
16mandates of this School Code may be requested when an eligible
17applicant demonstrates that it can address the intent of the
18rule or mandate in a more effective, efficient, or economical
19manner or when necessary to stimulate innovation or improve
20student performance. Waivers of mandates of the School Code may
21be requested when the waivers are necessary to stimulate
22innovation or improve student performance. Waivers may not be
23requested from laws, rules, and regulations pertaining to
24special education, teacher educator licensure, teacher tenure
25and seniority, or Section 5-2.1 of this Code or from compliance
26with the No Child Left Behind Act of 2001 (Public Law 107-110).

 

 

10000SB0013sam001- 56 -LRB100 06355 HLH 18251 a

1Eligible applicants may not seek a waiver or seek a
2modification of a mandate regarding the requirements for (i)
3student performance data to be a significant factor in teacher
4or principal evaluations or (ii) teachers and principals to be
5rated using the 4 categories of "excellent", "proficient",
6"needs improvement", or "unsatisfactory". On September 1,
72014, any previously authorized waiver or modification from
8such requirements shall terminate.
9    (c) Eligible applicants, as a matter of inherent managerial
10policy, and any Independent Authority established under
11Section 2-3.25f-5 of this Code may submit an application for a
12waiver or modification authorized under this Section. Each
13application must include a written request by the eligible
14applicant or Independent Authority and must demonstrate that
15the intent of the mandate can be addressed in a more effective,
16efficient, or economical manner or be based upon a specific
17plan for improved student performance and school improvement.
18Any eligible applicant requesting a waiver or modification for
19the reason that intent of the mandate can be addressed in a
20more economical manner shall include in the application a
21fiscal analysis showing current expenditures on the mandate and
22projected savings resulting from the waiver or modification.
23Applications and plans developed by eligible applicants must be
24approved by the board or regional superintendent of schools
25applying on behalf of schools or programs operated by the
26regional office of education following a public hearing on the

 

 

10000SB0013sam001- 57 -LRB100 06355 HLH 18251 a

1application and plan and the opportunity for the board or
2regional superintendent to hear testimony from staff directly
3involved in its implementation, parents, and students. The time
4period for such testimony shall be separate from the time
5period established by the eligible applicant for public comment
6on other matters. If the applicant is a school district or
7joint agreement requesting a waiver or modification of Section
827-6 of this Code, the public hearing shall be held on a day
9other than the day on which a regular meeting of the board is
10held.
11    (c-5) If the applicant is a school district, then the
12district shall post information that sets forth the time, date,
13place, and general subject matter of the public hearing on its
14Internet website at least 14 days prior to the hearing. If the
15district is requesting to increase the fee charged for driver
16education authorized pursuant to Section 27-24.2 of this Code,
17the website information shall include the proposed amount of
18the fee the district will request. All school districts must
19publish a notice of the public hearing at least 7 days prior to
20the hearing in a newspaper of general circulation within the
21school district that sets forth the time, date, place, and
22general subject matter of the hearing. Districts requesting to
23increase the fee charged for driver education shall include in
24the published notice the proposed amount of the fee the
25district will request. If the applicant is a joint agreement or
26regional superintendent, then the joint agreement or regional

 

 

10000SB0013sam001- 58 -LRB100 06355 HLH 18251 a

1superintendent shall post information that sets forth the time,
2date, place, and general subject matter of the public hearing
3on its Internet website at least 14 days prior to the hearing.
4If the joint agreement or regional superintendent is requesting
5to increase the fee charged for driver education authorized
6pursuant to Section 27-24.2 of this Code, the website
7information shall include the proposed amount of the fee the
8applicant will request. All joint agreements and regional
9superintendents must publish a notice of the public hearing at
10least 7 days prior to the hearing in a newspaper of general
11circulation in each school district that is a member of the
12joint agreement or that is served by the educational service
13region that sets forth the time, date, place, and general
14subject matter of the hearing, provided that a notice appearing
15in a newspaper generally circulated in more than one school
16district shall be deemed to fulfill this requirement with
17respect to all of the affected districts. Joint agreements or
18regional superintendents requesting to increase the fee
19charged for driver education shall include in the published
20notice the proposed amount of the fee the applicant will
21request. The eligible applicant must notify in writing the
22affected exclusive collective bargaining agent and those State
23legislators representing the eligible applicant's territory of
24its intent to seek approval of a waiver or modification and of
25the hearing to be held to take testimony from staff. The
26affected exclusive collective bargaining agents shall be

 

 

10000SB0013sam001- 59 -LRB100 06355 HLH 18251 a

1notified of such public hearing at least 7 days prior to the
2date of the hearing and shall be allowed to attend such public
3hearing. The eligible applicant shall attest to compliance with
4all of the notification and procedural requirements set forth
5in this Section.
6    (d) A request for a waiver or modification of
7administrative rules and regulations or for a modification of
8mandates contained in this School Code shall be submitted to
9the State Board of Education within 15 days after approval by
10the board or regional superintendent of schools. The
11application as submitted to the State Board of Education shall
12include a description of the public hearing. Except with
13respect to contracting for adaptive driver education, an
14eligible applicant wishing to request a modification or waiver
15of administrative rules of the State Board of Education
16regarding contracting with a commercial driver training school
17to provide the course of study authorized under Section 27-24.2
18of this Code must provide evidence with its application that
19the commercial driver training school with which it will
20contract holds a license issued by the Secretary of State under
21Article IV of Chapter 6 of the Illinois Vehicle Code and that
22each instructor employed by the commercial driver training
23school to provide instruction to students served by the school
24district holds a valid teaching certificate or teaching
25license, as applicable, issued under the requirements of this
26Code and rules of the State Board of Education. Such evidence

 

 

10000SB0013sam001- 60 -LRB100 06355 HLH 18251 a

1must include, but need not be limited to, a list of each
2instructor assigned to teach students served by the school
3district, which list shall include the instructor's name,
4personal identification number as required by the State Board
5of Education, birth date, and driver's license number. If the
6modification or waiver is granted, then the eligible applicant
7shall notify the State Board of Education of any changes in the
8personnel providing instruction within 15 calendar days after
9an instructor leaves the program or a new instructor is hired.
10Such notification shall include the instructor's name,
11personal identification number as required by the State Board
12of Education, birth date, and driver's license number. If a
13school district maintains an Internet website, then the
14district shall post a copy of the final contract between the
15district and the commercial driver training school on the
16district's Internet website. If no Internet website exists,
17then the district shall make available the contract upon
18request. A record of all materials in relation to the
19application for contracting must be maintained by the school
20district and made available to parents and guardians upon
21request. The instructor's date of birth and driver's license
22number and any other personally identifying information as
23deemed by the federal Driver's Privacy Protection Act of 1994
24must be redacted from any public materials. Following receipt
25of the waiver or modification request, the State Board shall
26have 45 days to review the application and request. If the

 

 

10000SB0013sam001- 61 -LRB100 06355 HLH 18251 a

1State Board fails to disapprove the application within that 45
2day period, the waiver or modification shall be deemed granted.
3The State Board may disapprove any request if it is not based
4upon sound educational practices, endangers the health or
5safety of students or staff, compromises equal opportunities
6for learning, or fails to demonstrate that the intent of the
7rule or mandate can be addressed in a more effective,
8efficient, or economical manner or have improved student
9performance as a primary goal. Any request disapproved by the
10State Board may be appealed to the General Assembly by the
11eligible applicant as outlined in this Section.
12    A request for a waiver from mandates contained in this
13School Code shall be submitted to the State Board within 15
14days after approval by the board or regional superintendent of
15schools. The application as submitted to the State Board of
16Education shall include a description of the public hearing.
17The description shall include, but need not be limited to, the
18means of notice, the number of people in attendance, the number
19of people who spoke as proponents or opponents of the waiver, a
20brief description of their comments, and whether there were any
21written statements submitted. The State Board shall review the
22applications and requests for completeness and shall compile
23the requests in reports to be filed with the General Assembly.
24The State Board shall file reports outlining the waivers
25requested by eligible applicants and appeals by eligible
26applicants of requests disapproved by the State Board with the

 

 

10000SB0013sam001- 62 -LRB100 06355 HLH 18251 a

1Senate and the House of Representatives before each March 1 and
2October 1. The General Assembly may disapprove the report of
3the State Board in whole or in part within 60 calendar days
4after each house of the General Assembly next convenes after
5the report is filed by adoption of a resolution by a record
6vote of the majority of members elected in each house. If the
7General Assembly fails to disapprove any waiver request or
8appealed request within such 60 day period, the waiver or
9modification shall be deemed granted. Any resolution adopted by
10the General Assembly disapproving a report of the State Board
11in whole or in part shall be binding on the State Board.
12    (e) An approved waiver or modification (except a waiver
13from or modification to a physical education mandate) may
14remain in effect for a period not to exceed 5 school years and
15may be renewed upon application by the eligible applicant.
16However, such waiver or modification may be changed within that
175-year period by a board or regional superintendent of schools
18applying on behalf of schools or programs operated by the
19regional office of education following the procedure as set
20forth in this Section for the initial waiver or modification
21request. If neither the State Board of Education nor the
22General Assembly disapproves, the change is deemed granted.
23    An approved waiver from or modification to a physical
24education mandate may remain in effect for a period not to
25exceed 2 school years and may be renewed no more than 2 times
26upon application by the eligible applicant. An approved waiver

 

 

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1from or modification to a physical education mandate may be
2changed within the 2-year period by the board or regional
3superintendent of schools, whichever is applicable, following
4the procedure set forth in this Section for the initial waiver
5or modification request. If neither the State Board of
6Education nor the General Assembly disapproves, the change is
7deemed granted.
8    (f) (Blank).
9(Source: P.A. 98-513, eff. 1-1-14; 98-739, eff. 7-16-14;
1098-1155, eff. 1-9-15; 99-78, eff. 7-20-15.)
 
11    (105 ILCS 5/10-22.34c)
12    Sec. 10-22.34c. Third party non-instructional services.
13    (a) A board of education may enter into a contract with a
14third party for non-instructional services currently performed
15by any employee or bargaining unit member or lay off those
16educational support personnel employees upon 90 days written
17notice to the affected employees, provided that:
18        (1) a contract must not be entered into and become
19    effective during the term of a collective bargaining
20    agreement, as that term is set forth in the agreement,
21    covering any employees who perform the non-instructional
22    services;
23        (2) a contract may only take effect upon the expiration
24    of an existing collective bargaining agreement;
25        (3) any third party that submits a bid to perform the

 

 

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1    non-instructional services shall provide the following:
2            (A) evidence of liability insurance in scope and
3        amount equivalent to the liability insurance provided
4        by the school board pursuant to Section 10-22.3 of this
5        Code;
6            (B) salaries or wages for the third party's
7        employees who will perform the non-instructional
8        services comparable to the salaries or wages provided
9        to school board employees who perform those services a
10        benefits package for the third party's employees who
11        will perform the non-instructional services comparable
12        to the benefits package provided to school board
13        employees who perform those services;
14            (C) a list of the number of employees who will
15        provide the non-instructional services, the job
16        classifications of those employees, and the wages the
17        third party will pay those employees;
18            (D) a minimum 3-year cost projection, using
19        generally accepted accounting principles and which the
20        third party is prohibited from increasing if the bid is
21        accepted by the school board, for each and every
22        expenditure category and account for performing the
23        non-instructional services; if the bid is accepted,
24        the school board shall file a copy of the cost
25        projection submitted with the bid to the State Board of
26        Education;

 

 

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1            (E) composite information about the criminal and
2        disciplinary records, including alcohol or other
3        substance abuse, Department of Children and Family
4        Services complaints and investigations, traffic
5        violations, and license revocations or any other
6        licensure problems, of any employees who may perform
7        the non-instructional services, provided that the
8        individual names and other identifying information of
9        employees need not be provided with the submission of
10        the bid, but must be made available upon request of the
11        school board; and
12            (F) an affidavit, notarized by the president or
13        chief executive officer of the third party, that each
14        of its employees has completed a criminal background
15        check as required by Section 10-21.9 of this Code
16        within 3 months prior to submission of the bid,
17        provided that the results of such background checks
18        need not be provided with the submission of the bid,
19        but must be made available upon request of the school
20        board;
21        (4) a contract must not be entered into unless the
22    school board provides a cost comparison, using generally
23    accepted accounting principles, of each and every
24    expenditure category and account that the school board
25    projects it would incur over the term of the contract if it
26    continued to perform the non-instructional services using

 

 

10000SB0013sam001- 66 -LRB100 06355 HLH 18251 a

1    its own employees with each and every expenditure category
2    and account that is projected a third party would incur if
3    a third party performed the non-instructional services;
4        (5) review and consideration of all bids by third
5    parties to perform the non-instructional services shall
6    take place in open session of a regularly scheduled school
7    board meeting, unless the exclusive bargaining
8    representative of the employees who perform the
9    non-instructional services, if any such exclusive
10    bargaining representative exists, agrees in writing that
11    such review and consideration can take place in open
12    session at a specially scheduled school board meeting;
13        (6) a minimum of one public hearing, conducted by the
14    school board prior to a regularly scheduled school board
15    meeting, to discuss the school board's proposal to contract
16    with a third party to perform the non-instructional
17    services must be held before the school board may enter
18    into such a contract; the school board must provide notice
19    to the public of the date, time, and location of the first
20    public hearing on or before the initial date that bids to
21    provide the non-instructional services are solicited or a
22    minimum of 30 days prior to entering into such a contract,
23    whichever provides a greater period of notice;
24        (7) a contract shall contain provisions requiring the
25    contractor to offer available employee positions pursuant
26    to the contract to qualified school district employees

 

 

10000SB0013sam001- 67 -LRB100 06355 HLH 18251 a

1    whose employment is terminated because of the contract; and
2        (8) a contract shall contain provisions requiring the
3    contractor to comply with a policy of nondiscrimination and
4    equal employment opportunity for all persons and to take
5    affirmative steps to provide equal opportunity for all
6    persons.
7    (b) Notwithstanding subsection (a) of this Section, a board
8of education may enter into a contract, of no longer than 3
9months in duration, with a third party for non-instructional
10services currently performed by an employee or bargaining unit
11member for the purpose of augmenting the current workforce in
12an emergency situation that threatens the safety or health of
13the school district's students or staff, provided that the
14school board meets all of its obligations under the Illinois
15Educational Labor Relations Act.
16    (c) The changes to this Section made by this amendatory Act
17of the 95th General Assembly are not applicable to
18non-instructional services of a school district that on the
19effective date of this amendatory Act of the 95th General
20Assembly are performed for the school district by a third
21party.
22    (d) Beginning July 1, 2022, the State Board of Education
23shall review and analyze the cost projection information
24provided by boards of education under subparagraph (D) of
25paragraph (3) of subsection (a) of this Section and determine
26the effects that the contracts had on school districts and the

 

 

10000SB0013sam001- 68 -LRB100 06355 HLH 18251 a

1State, including any cost savings and economic benefits. The
2State Board of Education shall complete the review and report
3its findings to the Governor and the General Assembly by
4December 31, 2022.
5    From July 1, 2022 until January 1, 2023, no board of
6education may enter into any new contract with a third party
7for non-instructional services under this Section. However,
8this prohibition shall not affect any contracts entered into
9before July 1, 2022 or renewals of contracts entered into
10before July 1, 2022.
11    Beginning January 1, 2023, boards of education are again
12allowed to enter into contracts with third parties for
13non-instructional services as provided under this Section.
14(Source: P.A. 95-241, eff. 8-17-07; 96-328, eff. 8-11-09.)
 
15    (105 ILCS 5/22-62 new)
16    Sec. 22-62. Discharge of unfunded mandates.
17    (a) School districts need not comply with and may discharge
18any mandate or requirement placed on school districts by this
19Code or by administrative rules adopted by the State Board of
20Education that is unfunded.
21    (b) Subsection (a) of this Section does not apply to any of
22the following:
23        (1) Laws and rules pertaining to student health, life,
24    or safety.
25        (2) Federally required mandates, including without

 

 

10000SB0013sam001- 69 -LRB100 06355 HLH 18251 a

1    limitation compliance with the federal Every Student
2    Succeeds Act.
3        (3) Laws and rules pertaining to civil rights and
4    protections.
5    (c) Before a school district may lawfully discharge an
6unfunded mandate under subsection (a) of this Section, it must
7hold a public hearing and referendum on the matter. The school
8district must post information that sets forth the time, date,
9place, and general subject matter of the public hearing on its
10Internet website at least 14 days prior to the hearing. The
11school district must publish a notice of the public hearing at
12least 7 days prior to the hearing in a newspaper of general
13circulation within the school district that sets forth the
14time, date, place, and general subject matter of the hearing.
15The school district must notify, in writing, the affected
16exclusive collective bargaining agent and those State
17legislators representing the affected territory of its intent
18to discharge an unfunded mandate and of the hearing to be held
19to take testimony from staff. The affected exclusive collective
20bargaining agent must be notified of the public hearing at
21least 7 days prior to the date of the hearing and must be
22allowed to attend the hearing. The school district shall attest
23to compliance with the requirements of this subsection (c).
24    After the public hearing, the question of whether a school
25district may discharge an unfunded mandate must be submitted to
26the electors of the school district at a regular election and

 

 

10000SB0013sam001- 70 -LRB100 06355 HLH 18251 a

1approved by a majority of the electors voting on the question.
2The school board must certify the question to the proper
3election authority. The election authority must submit the
4question at an election in accordance with the Election Code,
5which election must be at least 6 months after the public
6hearing was held. The election authority must submit the
7question in substantially the following form:
 
8    Shall the school board of (name of school district)
9discharge the unfunded mandate or requirement placed on the
10school district by the State concerning (description of the
11mandate or requirement)?
 
12The election authority must record the votes as "Yes" or "No".
13    If a majority of the electors voting on the question vote
14in the affirmative, the school board may discharge the unfunded
15mandate.
16    (d) A school board shall report each unfunded mandate it
17has discharged under this Section to the State Board of
18Education. The State Board shall compile and report this
19information to the General Assembly each year.
 
20    (105 ILCS 5/27-6)  (from Ch. 122, par. 27-6)
21    Sec. 27-6. Courses in physical education required; special
22activities.
23    (a) Pupils enrolled in the public schools and State

 

 

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1universities engaged in preparing teachers shall be required to
2engage daily during the school day, except on block scheduled
3days for those public schools engaged in block scheduling, in
4courses of physical education for such periods as are
5compatible with the optimum growth and developmental needs of
6individuals at the various age levels except when appropriate
7excuses are submitted to the school by a pupil's parent or
8guardian or by a person licensed under the Medical Practice Act
9of 1987 and except as provided in subsection (b) of this
10Section. A school board may determine the schedule or frequency
11of physical education courses, provided that a pupil engages in
12a course of physical education for a minimum of 3 days per
13week.
14    Special activities in physical education shall be provided
15for pupils whose physical or emotional condition, as determined
16by a person licensed under the Medical Practice Act of 1987,
17prevents their participation in the courses provided for normal
18children.
19    (b) A school board is authorized to excuse pupils enrolled
20in grades 11 and 12 from engaging in physical education courses
21if those pupils request to be excused for any of the following
22reasons: (1) for ongoing participation in an interscholastic
23athletic program; (2) to enroll in academic classes which are
24required for admission to an institution of higher learning,
25provided that failure to take such classes will result in the
26pupil being denied admission to the institution of his or her

 

 

10000SB0013sam001- 72 -LRB100 06355 HLH 18251 a

1choice; or (3) to enroll in academic classes which are required
2for graduation from high school, provided that failure to take
3such classes will result in the pupil being unable to graduate.
4A school board may also excuse pupils in grades 9 through 12
5enrolled in a marching band program for credit from engaging in
6physical education courses if those pupils request to be
7excused for ongoing participation in such marching band
8program. A school board may also, on a case-by-case basis,
9excuse pupils in grades 9 through 12 who participate in an
10interscholastic or extracurricular athletic program from
11engaging in physical education courses. In addition, a pupil in
12any of grades 3 through 12 who is eligible for special
13education may be excused if the pupil's parent or guardian
14agrees that the pupil must utilize the time set aside for
15physical education to receive special education support and
16services or, if there is no agreement, the individualized
17education program team for the pupil determines that the pupil
18must utilize the time set aside for physical education to
19receive special education support and services, which
20agreement or determination must be made a part of the
21individualized education program. However, a pupil requiring
22adapted physical education must receive that service in
23accordance with the individualized education program developed
24for the pupil. If requested, a school board is authorized to
25excuse a pupil from engaging in a physical education course if
26the pupil has an individualized educational program under

 

 

10000SB0013sam001- 73 -LRB100 06355 HLH 18251 a

1Article 14 of this Code, is participating in an adaptive
2athletic program outside of the school setting, and documents
3such participation as determined by the school board. A school
4board may also excuse pupils in grades 9 through 12 enrolled in
5a Reserve Officer's Training Corps (ROTC) program sponsored by
6the school district from engaging in physical education
7courses. School boards which choose to exercise this authority
8shall establish a policy to excuse pupils on an individual
9basis.
10    (c) The provisions of this Section are subject to the
11provisions of Section 27-22.05.
12(Source: P.A. 98-116, eff. 7-29-13.)
 
13    (105 ILCS 5/27-7)  (from Ch. 122, par. 27-7)
14    Sec. 27-7. Physical education course of study. A physical
15education course of study shall include a developmentally
16planned and sequential curriculum that fosters the development
17of movement skills, enhances health-related fitness, increases
18students' knowledge, offers direct opportunities to learn how
19to work cooperatively in a group setting, and encourages
20healthy habits and attitudes for a healthy lifestyle. A
21physical education course of study shall provide students with
22an opportunity for an appropriate amount of daily physical
23activity. A physical education course of study must be part of
24the regular school curriculum and not extra-curricular in
25nature or organization.

 

 

10000SB0013sam001- 74 -LRB100 06355 HLH 18251 a

1    The State Board of Education shall prepare and make
2available guidelines for the various grades and types of
3schools in order to make effective the purposes set forth in
4this section and the requirements provided in Section 27-6, and
5shall see that the general provisions and intent of Sections
627-5 to 27-9, inclusive, are enforced.
7(Source: P.A. 94-189, eff. 7-12-05; 94-200, eff. 7-12-05.)
 
8    (105 ILCS 5/27-24.2)  (from Ch. 122, par. 27-24.2)
9    Sec. 27-24.2. Safety education; driver education course.
10Instruction shall be given in safety education in each of
11grades one through 8, equivalent to one class period each week,
12and any school district which maintains grades 9 through 12
13shall offer a driver education course in any such school which
14it operates. Its curriculum shall include content dealing with
15Chapters 11, 12, 13, 15, and 16 of the Illinois Vehicle Code,
16the rules adopted pursuant to those Chapters insofar as they
17pertain to the operation of motor vehicles, and the portions of
18the Litter Control Act relating to the operation of motor
19vehicles. The course of instruction given in grades 10 through
2012 shall include an emphasis on the development of knowledge,
21attitudes, habits, and skills necessary for the safe operation
22of motor vehicles, including motorcycles insofar as they can be
23taught in the classroom, and instruction on distracted driving
24as a major traffic safety issue. In addition, the course shall
25include instruction on special hazards existing at and required

 

 

10000SB0013sam001- 75 -LRB100 06355 HLH 18251 a

1safety and driving precautions that must be observed at
2emergency situations, highway construction and maintenance
3zones, and railroad crossings and the approaches thereto.
4Beginning with the 2017-2018 school year, the course shall also
5include instruction concerning law enforcement procedures for
6traffic stops, including a demonstration of the proper actions
7to be taken during a traffic stop and appropriate interactions
8with law enforcement. The course of instruction required of
9each eligible student at the high school level shall consist of
10a minimum of 30 clock hours of classroom instruction and a
11minimum of 6 clock hours of individual behind-the-wheel
12instruction in a dual control car on public roadways taught by
13a driver education instructor endorsed by the State Board of
14Education. Both the classroom instruction part and the practice
15driving part of such driver education course shall be open to a
16resident or non-resident student attending a non-public school
17in the district wherein the course is offered. Each student
18attending any public or non-public high school in the district
19must receive a passing grade in at least 8 courses during the
20previous 2 semesters prior to enrolling in a driver education
21course, or the student shall not be permitted to enroll in the
22course; provided that the local superintendent of schools (with
23respect to a student attending a public high school in the
24district) or chief school administrator (with respect to a
25student attending a non-public high school in the district) may
26waive the requirement if the superintendent or chief school

 

 

10000SB0013sam001- 76 -LRB100 06355 HLH 18251 a

1administrator, as the case may be, deems it to be in the best
2interest of the student. A student may be allowed to commence
3the classroom instruction part of such driver education course
4prior to reaching age 15 if such student then will be eligible
5to complete the entire course within 12 months after being
6allowed to commence such classroom instruction.
7    A school district may offer a driver education course in a
8school by contracting with a commercial driver training school
9to provide both the classroom instruction part and the practice
10driving part or either one without having to request a
11modification or waiver of administrative rules of the State
12Board of Education if a public hearing on whether to enter into
13a contract with a commercial driver training school has been
14held at a regular or special school board meeting prior to
15entering into such a contract. If a school district chooses to
16contract with a commercial driver training school, then the
17district must provide evidence to the State Board of Education
18that the commercial driver training school with which it will
19contract holds a license issued by the Secretary of State under
20Article IV of Chapter 6 of the Illinois Vehicle Code and that
21each instructor employed by the commercial driver training
22school to provide instruction to students served by the school
23district holds a valid teaching license issued under the
24requirements of this Code and rules of the State Board of
25Education. Such evidence must include, but need not be limited
26to, a list of each instructor assigned to teach students served

 

 

10000SB0013sam001- 77 -LRB100 06355 HLH 18251 a

1by the school district, which list shall include the
2instructor's name, personal identification number as required
3by the State Board of Education, birth date, and driver's
4license number. Once the contract is entered into, the school
5district shall notify the State Board of Education of any
6changes in the personnel providing instruction within 15
7calendar days after an instructor leaves the program or a new
8instructor is hired. Such notification shall include the
9instructor's name, personal identification number as required
10by the State Board of Education, birth date, and driver's
11license number. If the school district maintains an Internet
12website, then the district shall post a copy of the final
13contract between the district and the commercial driver
14training school on the district's Internet website. If no
15Internet website exists, then the school district shall make
16available the contract upon request. A record of all materials
17in relation to the contract must be maintained by the school
18district and made available to parents and guardians upon
19request. The instructor's date of birth and driver's license
20number and any other personally identifying information as
21deemed by the federal Driver's Privacy Protection Act of 1994
22must be redacted from any public materials.
23    Such a course may be commenced immediately after the
24completion of a prior course. Teachers of such courses shall
25meet the licensure certification requirements of this Code Act
26and regulations of the State Board as to qualifications.

 

 

10000SB0013sam001- 78 -LRB100 06355 HLH 18251 a

1    Subject to rules of the State Board of Education, the
2school district may charge a reasonable fee, not to exceed $50,
3to students who participate in the course, unless a student is
4unable to pay for such a course, in which event the fee for
5such a student must be waived. However, the district may
6increase this fee to an amount not to exceed $250 by school
7board resolution following a public hearing on the increase,
8which increased fee must be waived for students who participate
9in the course and are unable to pay for the course. The total
10amount from driver education fees and reimbursement from the
11State for driver education must not exceed the total cost of
12the driver education program in any year and must be deposited
13into the school district's driver education fund as a separate
14line item budget entry. All moneys deposited into the school
15district's driver education fund must be used solely for the
16funding of a high school driver education program approved by
17the State Board of Education that uses driver education
18instructors endorsed by the State Board of Education.
19(Source: P.A. 99-642, eff. 7-28-16; 99-720, eff. 1-1-17.)
 
20    (105 ILCS 5/22-60 rep.)
21    Section 15. The School Code is amended by repealing Section
2222-60.
 
23    Section 95. No acceleration or delay. Where this Act makes
24changes in a statute that is represented in this Act by text

 

 

10000SB0013sam001- 79 -LRB100 06355 HLH 18251 a

1that is not yet or no longer in effect (for example, a Section
2represented by multiple versions), the use of that text does
3not accelerate or delay the taking effect of (i) the changes
4made by this Act or (ii) provisions derived from any other
5Public Act.
 
6    Section 99. Effective date. This Act takes effect upon
7becoming law, but this Act does not take effect at all unless
8Senate Bills 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, and 12 of the
9100th General Assembly become law.".