HB3823 EngrossedLRB099 05458 NHT 25982 b

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 Section
517-2 as follows:
 
6    (105 ILCS 5/17-2)  (from Ch. 122, par. 17-2)
7    Sec. 17-2. Tax levies; purposes; rates. Except as otherwise
8provided in Articles 12 and 13 of this Act, the following
9maximum rates shall apply to all taxes levied after August 10,
101965, in districts having a population of less than 500,000
11inhabitants, including those districts organized under Article
1211 of the School Code. The school board of any district having
13a population of less than 500,000 inhabitants may levy a tax
14annually, at not to exceed the maximum rates and for the
15specified purposes, upon all the taxable property of the
16district at the value, as equalized or assessed by the
17Department of Revenue as follows:
18        (1) districts maintaining only grades 1 through 8, .92%
19    for educational purposes and .25% for operations and
20    maintenance purposes;
21        (2) districts maintaining only grades 9 through 12,
22    .92% for educational purposes and .25% for operations and
23    maintenance purposes;

 

 

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1        (3) districts maintaining grades 1 through 12, 1.63%
2    for the 1985-86 school year, 1.68% for the 1986-87 school
3    year, 1.75% for the 1987-88 school year and 1.84% for the
4    1988-89 school year and thereafter for educational
5    purposes and .405% for the 1989-90 school year, .435% for
6    the 1990-91 school year, .465% for the 1991-92 school year,
7    and .50% for the 1992-93 school year and thereafter for
8    operations and maintenance purposes;
9        (4) all districts, 0.75% for capital improvement
10    purposes (which is in addition to the levy for operations
11    and maintenance purposes), which tax is to be levied,
12    accumulated for not more than 6 years, and spent for
13    capital improvement purposes (including but not limited to
14    the construction of a new school building or buildings or
15    the purchase of school grounds on which any new school
16    building is to be constructed or located, or both) only in
17    accordance with Section 17-2.3 of this Act;
18        (5) districts maintaining only grades 1 through 8, .12%
19    for transportation purposes, provided that districts
20    maintaining only grades kindergarten through 8 which have
21    an enrollment of at least 2600 students may levy, subject
22    to Section 17-2.2, at not to exceed a maximum rate of .20%
23    for transportation purposes for any school year in which
24    the number of students requiring transportation in the
25    district exceeds by at least 2% the number of students
26    requiring transportation in the district during the

 

 

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1    preceding school year, as verified in the district's claim
2    for pupil transportation and reimbursement and as
3    certified by the State Board of Education to the county
4    clerk of the county in which such district is located not
5    later than November 15 following the submission of such
6    claim; districts maintaining only grades 9 through 12, .12%
7    for transportation purposes; and districts maintaining
8    grades 1 through 12, .14% for the 1985-86 school year, .16%
9    for the 1986-87 school year, .18% for the 1987-88 school
10    year and .20% for the 1988-89 school year and thereafter,
11    for transportation purposes;
12        (6) districts providing summer classes, .15% for
13    educational purposes, subject to Section 17-2.1 of this
14    Act.
15    Whenever any special charter school district operating
16grades 1 through 12, has organized or shall organize under the
17general school law, the district so organized may continue to
18levy taxes at not to exceed the rate at which taxes were last
19actually extended by the special charter district, except that
20if such rate at which taxes were last actually extended by such
21special charter district was less than the maximum rate for
22districts maintaining grades 1 through 12 authorized under this
23Section, such special charter district nevertheless may levy
24taxes at a rate not to exceed the maximum rate for districts
25maintaining grades 1 through 12 authorized under this Section,
26and except that if any such district maintains only grades 1

 

 

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1through 8, the board may levy, for educational purposes, at a
2rate not to exceed the maximum rate for elementary districts
3authorized under this Section.
4    Maximum rates before or after established in excess of
5those prescribed shall not be affected by the amendatory Act of
61965.
7    Maximum rates established under this Section are subject to
8subsection (b-10) of Section 5-35 of the School Construction
9Law.
10(Source: P.A. 87-984; 87-1023; 88-45.)
 
11    Section 10. The School Construction Law is amended by
12changing Section 5-35 as follows:
 
13    (105 ILCS 230/5-35)
14    Sec. 5-35. School construction project grant amounts;
15permitted use; prohibited use.
16    (a) The product of the district's grant index and the
17recognized project cost, as determined by the Capital
18Development Board, for an approved school construction project
19shall equal the amount of the grant the Capital Development
20Board shall provide to the eligible district. The grant index
21shall not be used in cases where the General Assembly and the
22Governor approve appropriations designated for specifically
23identified school district construction projects.
24    The average of the grant indexes of the member districts in

 

 

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1a joint agreement shall be used to calculate the amount of a
2school construction project grant awarded to an eligible Type
340 area vocational center.
4    (b) In each fiscal year in which school construction
5project grants are awarded, 20% of the total amount awarded
6statewide shall be awarded to a school district with a
7population exceeding 500,000, provided such district complies
8with the provisions of this Article.
9    In addition to the uses otherwise authorized by this Law,
10any school district with a population exceeding 500,000 is
11authorized to use any or all of the school construction project
12grants (i) to pay debt service, as defined in the Local
13Government Debt Reform Act, on bonds, as defined in the Local
14Government Debt Reform Act, issued to finance one or more
15school construction projects and (ii) to the extent that any
16such bond is a lease or other installment or financing contract
17between the school district and a public building commission
18that has issued bonds to finance one or more qualifying school
19construction projects, to make lease payments under the lease.
20    (b-3) The Capital Development Board shall make payment in
21an amount equal to 20% of each amount deposited into the School
22Infrastructure Fund pursuant to subsection (b-5) of Section
236z-45 of the State Finance Act to the Board of Education of the
24City of Chicago within 10 days after such deposit. The Board of
25Education of the City of Chicago shall use such moneys received
26(i) for application to the costs of a school construction

 

 

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1project, (ii) to pay debt service on bonds, as those terms are
2defined in the Local Government Debt Reform Act, that are
3issued to finance one or more school construction projects, and
4(iii) to the extent that any such bond is a lease or other
5installment or financing contract between the school district
6and a public building commission that has issued bonds to
7finance one or more qualifying school construction projects, to
8make lease payments under the lease. The Board of Education of
9the City of Chicago shall submit quarterly to the Capital
10Development Board documentation sufficient to establish that
11this money is being used as authorized by this Section. The
12Capital Development Board may withhold payments if the
13documentation is not provided. The remaining 80% of each such
14deposit shall be applied in accordance with the provisions of
15subsection (a) of this Section; however, no portion of this
16remaining 80% shall be awarded to a school district with a
17population of more than 500,000.
18    (b-5) In addition to the uses otherwise authorized by this
19Law, any school district that (1) was organized prior to 1860
20and (2) is located in part in a city originally incorporated
21prior to 1840 is authorized to use any or all of the school
22construction project grants (i) to pay debt service on bonds,
23as those terms are defined in the Local Government Debt Reform
24Act, that are issued to finance one or more school construction
25projects and (ii) to the extent that any such bond is a lease
26or other installment or financing contract between the school

 

 

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1district and a public building commission that has issued bonds
2to finance one or more qualifying school construction projects,
3to make lease payments under the lease.
4    (b-10) Notwithstanding other uses that may be authorized by
5this Law, if a school district, other than a school district
6with a population exceeding 500,000, in any fiscal year
7receives school construction project grant funds for a school
8construction project for which the district has a bond and
9interest levy and the district has any outstanding debt on that
10construction project, then the district shall use a minimum of
1180% of the grant funds to first defease or redeem any
12outstanding debt and shall reduce the debt levy by an amount
13equal to or greater than the amount of the grant funds used to
14pay off outstanding debt within the first 5 levy years of
15receiving the funds. Any remaining funds not required to
16defease or redeem any outstanding debt shall be used at the
17discretion of the district to fund capital improvements related
18to school construction projects.
19    (c) No portion of a school construction project grant
20awarded by the Capital Development Board shall be used by a
21school district for any on-going operational costs.
22(Source: P.A. 98-18, eff. 6-7-13.)
 
23    Section 99. Effective date. This Act takes effect upon
24becoming law.