97TH GENERAL ASSEMBLY
State of Illinois
2011 and 2012
SB3252

 

Introduced 2/1/2012, by Sen. Pamela J. Althoff

 

SYNOPSIS AS INTRODUCED:
 
105 ILCS 5/17-3  from Ch. 122, par. 17-3
105 ILCS 5/17-5  from Ch. 122, par. 17-5

    Amends the School Code. Provides that no elementary or high school district established pursuant to the Conversion and Formation of School Districts Article may levy taxes for educational purposes at a rate greater than 2.0% of the value as equalized or assessed by the Department of Revenue or for operations and maintenance purposes at a rate greater than 0.375% of the value as equalized or assessed by the Department of Revenue. Provides that in districts maintaining grades 1 through 8 or grades 9 through 12, the maximum rate for educational purposes shall not exceed 3.5% of the value as equalized or assessed by the Department of Revenue for taxes levied for 2013 or prior years, shall not exceed 3.2% for taxes levied for 2014, shall not exceed 2.9% for taxes levied for 2015, shall not exceed 2.6% for taxes levied for 2016, shall not exceed 2.3% for taxes levied for 2017, and shall not exceed 2.0% for taxes levied for 2018 or thereafter (now, the maximum rate is 3.5%). Provides that in districts maintaining grades 1 through 8 or grades 9 through 12, the maximum rate for operations and maintenance purposes shall not exceed 0.55% for taxes levied for 2013 or prior years, shall not exceed 0.475% for taxes levied for 2014, shall not exceed 0.45% for taxes levied for 2015, shall not exceed 0.425% for taxes levied for 2016, shall not exceed 0.40% for taxes levied for 2017, and shall not exceed 0.375% for taxes levied for 2018 or thereafter (now, the maximum rate is 0.55%).


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FISCAL NOTE ACT MAY APPLY
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

 

 

A BILL FOR

 

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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
517-3 and 17-5 and as follows:
 
6    (105 ILCS 5/17-3)  (from Ch. 122, par. 17-3)
7    Sec. 17-3. Additional levies-Submission to voters.
8    (a) The school board in any district having a population of
9less than 500,000 inhabitants may, by proper resolution, cause
10a proposition to increase, for a limited period of not less
11than 3 nor more than 10 years or for an unlimited period, the
12annual tax rate for educational purposes to be submitted to the
13voters of such district at a regular scheduled election as
14follows:
15        (1) in districts maintaining grades 1 through 8, or
16    grades 9 through 12, the maximum rate for educational
17    purposes shall not exceed 3.5% of the value as equalized or
18    assessed by the Department of Revenue for taxes levied for
19    2013 or prior years, shall not exceed 3.2% for taxes levied
20    for 2014, shall not exceed 2.9% for taxes levied for 2015,
21    shall not exceed 2.6% for taxes levied for 2016, shall not
22    exceed 2.3% for taxes levied for 2017, and shall not exceed
23    2.0% for taxes levied for 2018 or thereafter;

 

 

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1        (2) in districts maintaining grades 1 through 12 the
2    maximum rate for educational purposes shall not exceed
3    4.00% of the value as equalized or assessed by the
4    Department of Revenue except that if a single elementary
5    district and a secondary district having boundaries that
6    are coterminous form a community unit district on or after
7    the effective date of this amendatory Act of the 94th
8    General Assembly and the actual combined rate of the
9    elementary district and secondary district prior to the
10    formation of the community unit district is greater than
11    4.00%, then the maximum rate for educational purposes for
12    such district shall be the following:
13            (A) For 2 years following the formation of the
14        community unit district, the maximum rate shall equal
15        the actual combined rate of the previous elementary
16        district and secondary district.
17            (B) In each subsequent year, the maximum rate shall
18        be reduced by 0.10% or reduced to 4.00%, whichever
19        reduction is less. The school board may, by proper
20        resolution, cause a proposition to increase the
21        reduced rate, not to exceed the maximum rate in clause
22        (A), to be submitted to the voters of the district at a
23        regular scheduled election as provided under this
24        Section. Nothing in this Section shall require that the
25        maximum rate for educational purpose for a district
26        maintaining grades one through 12 be reduced below

 

 

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1        4.00%.
2    If the resolution of the school board seeks to increase the
3annual tax rate for educational purposes for a limited period
4of not less than 3 nor more than 10 years, the proposition
5shall so state and shall identify the years for which the tax
6increase is sought.
7    If a majority of the votes cast on the proposition is in
8favor thereof at an election for which the election authorities
9have given notice either (i) in accordance with Section 12-5 of
10the Election Code or (ii) by publication of a true and legible
11copy of the specimen ballot label containing the proposition in
12the form in which it appeared or will appear on the official
13ballot label on the day of the election at least 5 days before
14the day of the election in at least one newspaper published in
15and having a general circulation in the district, the school
16board may thereafter, until such authority is revoked in like
17manner, levy annually the tax so authorized; provided that if
18the proposition as approved limits the increase in the annual
19tax rate of the district for educational purposes to a period
20of not less than 3 nor more than 10 years, the district may,
21unless such authority is sooner revoked in like manner, levy
22annually the tax so authorized for the limited number of years
23approved by a majority of the votes cast on the proposition.
24Upon expiration of that limited period, the rate at which the
25district may annually levy its tax for educational purposes
26shall be the rate provided under Section 17-2, or the rate at

 

 

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1which the district last levied its tax for educational purposes
2prior to approval of the proposition authorizing the levy of
3that tax at an increased rate, whichever is greater.
4    The school board shall certify the proposition to the
5proper election authorities in accordance with the general
6election law.
7    The provisions of this Section concerning notice of the tax
8rate increase referendum apply only to consolidated primary
9elections held prior to January 1, 2002 at which not less than
1055% of the voters voting on the tax rate increase proposition
11voted in favor of the tax rate increase proposition.
12    (b) Beginning on the effective date of this amendatory Act
13of the 97th General Assembly, no elementary or high school
14district established pursuant to Article 11E of this Code may
15levy taxes for educational purposes at a rate greater than 2.0%
16of the value as equalized or assessed by the Department of
17Revenue.
18(Source: P.A. 94-52, eff. 6-17-05.)
 
19    (105 ILCS 5/17-5)  (from Ch. 122, par. 17-5)
20    Sec. 17-5. Increase tax rates for operations and
21maintenance purposes- Maximum.
22    (a) The school board in any district having a population of
23less than 500,000 inhabitants may, by proper resolution, cause
24a proposition to increase the annual tax rate for operations
25and maintenance purposes to be submitted to the voters of the

 

 

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1district at a regular scheduled election. The board shall
2certify the proposition to the proper election authority for
3submission to the elector in accordance with the general
4election law. In districts maintaining grades 1 through 8, or
5grades 9 through 12, the maximum rate for operations and
6maintenance purposes shall not exceed .55% for taxes levied for
72013 or prior years, shall not exceed 0.475% for taxes levied
8for 2014, shall not exceed 0.45% for taxes levied for 2015,
9shall not exceed 0.425% for taxes levied for 2016, shall not
10exceed 0.40% for taxes levied for 2017, and shall not exceed
110.375% for taxes levied for 2018 or thereafter; and in
12districts maintaining grades 1 through 12, the maximum rates
13for operations and maintenance purposes shall not exceed .75%,
14except that if a single elementary district and a secondary
15district having boundaries that are coterminous on the
16effective date of this amendatory Act form a community unit
17district as authorized under Section 11-6, the maximum rate for
18operation and maintenance purposes for such district shall not
19exceed 1.10% of the value as equalized or assessed by the
20Department of Revenue; and in such district maintaining grades
211 through 12, funds may, subject to the provisions of Section
2217-5.1 accumulate to not more than 5% of the equalized assessed
23valuation of the district. No such accumulation shall ever be
24transferred or used for any other purpose. If a majority of the
25votes cast on the proposition is in favor thereof, the school
26board may thereafter, until such authority is revoked in like

 

 

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1manner, levy annually a tax as authorized.
2    (b) Beginning on the effective date of this amendatory Act
3of the 97th General Assembly, no elementary or high school
4district established pursuant to Article 11E of this Code may
5levy taxes for operations and maintenance purposes at a rate
6greater than 0.375% of the value as equalized or assessed by
7the Department of Revenue.
8(Source: P.A. 86-1334.)