Rep. Stephanie A. Kifowit

Filed: 3/19/2015

 

 


 

 


 
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1
AMENDMENT TO HOUSE BILL 3823

2    AMENDMENT NO. ______. Amend House Bill 3823 by replacing
3everything after the enacting clause with the following:
 
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

 

 

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

 

 

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1    maintaining only grades kindergarten through 8 which have
2    an enrollment of at least 2600 students may levy, subject
3    to Section 17-2.2, at not to exceed a maximum rate of .20%
4    for transportation purposes for any school year in which
5    the number of students requiring transportation in the
6    district exceeds by at least 2% the number of students
7    requiring transportation in the district during the
8    preceding school year, as verified in the district's claim
9    for pupil transportation and reimbursement and as
10    certified by the State Board of Education to the county
11    clerk of the county in which such district is located not
12    later than November 15 following the submission of such
13    claim; districts maintaining only grades 9 through 12, .12%
14    for transportation purposes; and districts maintaining
15    grades 1 through 12, .14% for the 1985-86 school year, .16%
16    for the 1986-87 school year, .18% for the 1987-88 school
17    year and .20% for the 1988-89 school year and thereafter,
18    for transportation purposes;
19        (6) districts providing summer classes, .15% for
20    educational purposes, subject to Section 17-2.1 of this
21    Act.
22    Whenever any special charter school district operating
23grades 1 through 12, has organized or shall organize under the
24general school law, the district so organized may continue to
25levy taxes at not to exceed the rate at which taxes were last
26actually extended by the special charter district, except that

 

 

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1if such rate at which taxes were last actually extended by such
2special charter district was less than the maximum rate for
3districts maintaining grades 1 through 12 authorized under this
4Section, such special charter district nevertheless may levy
5taxes at a rate not to exceed the maximum rate for districts
6maintaining grades 1 through 12 authorized under this Section,
7and except that if any such district maintains only grades 1
8through 8, the board may levy, for educational purposes, at a
9rate not to exceed the maximum rate for elementary districts
10authorized under this Section.
11    Maximum rates before or after established in excess of
12those prescribed shall not be affected by the amendatory Act of
131965.
14    Maximum rates established under this Section are subject to
15subsection (b-10) of Section 5-35 of the School Construction
16Law.
17(Source: P.A. 87-984; 87-1023; 88-45.)
 
18    Section 10. The School Construction Law is amended by
19changing Section 5-35 as follows:
 
20    (105 ILCS 230/5-35)
21    Sec. 5-35. School construction project grant amounts;
22permitted use; prohibited use.
23    (a) The product of the district's grant index and the
24recognized project cost, as determined by the Capital

 

 

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1Development Board, for an approved school construction project
2shall equal the amount of the grant the Capital Development
3Board shall provide to the eligible district. The grant index
4shall not be used in cases where the General Assembly and the
5Governor approve appropriations designated for specifically
6identified school district construction projects.
7    The average of the grant indexes of the member districts in
8a joint agreement shall be used to calculate the amount of a
9school construction project grant awarded to an eligible Type
1040 area vocational center.
11    (b) In each fiscal year in which school construction
12project grants are awarded, 20% of the total amount awarded
13statewide shall be awarded to a school district with a
14population exceeding 500,000, provided such district complies
15with the provisions of this Article.
16    In addition to the uses otherwise authorized by this Law,
17any school district with a population exceeding 500,000 is
18authorized to use any or all of the school construction project
19grants (i) to pay debt service, as defined in the Local
20Government Debt Reform Act, on bonds, as defined in the Local
21Government Debt Reform Act, issued to finance one or more
22school construction projects and (ii) to the extent that any
23such bond is a lease or other installment or financing contract
24between the school district and a public building commission
25that has issued bonds to finance one or more qualifying school
26construction projects, to make lease payments under the lease.

 

 

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1    (b-3) The Capital Development Board shall make payment in
2an amount equal to 20% of each amount deposited into the School
3Infrastructure Fund pursuant to subsection (b-5) of Section
46z-45 of the State Finance Act to the Board of Education of the
5City of Chicago within 10 days after such deposit. The Board of
6Education of the City of Chicago shall use such moneys received
7(i) for application to the costs of a school construction
8project, (ii) to pay debt service on bonds, as those terms are
9defined in the Local Government Debt Reform Act, that are
10issued to finance one or more school construction projects, and
11(iii) to the extent that any such bond is a lease or other
12installment or financing contract between the school district
13and a public building commission that has issued bonds to
14finance one or more qualifying school construction projects, to
15make lease payments under the lease. The Board of Education of
16the City of Chicago shall submit quarterly to the Capital
17Development Board documentation sufficient to establish that
18this money is being used as authorized by this Section. The
19Capital Development Board may withhold payments if the
20documentation is not provided. The remaining 80% of each such
21deposit shall be applied in accordance with the provisions of
22subsection (a) of this Section; however, no portion of this
23remaining 80% shall be awarded to a school district with a
24population of more than 500,000.
25    (b-5) In addition to the uses otherwise authorized by this
26Law, any school district that (1) was organized prior to 1860

 

 

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1and (2) is located in part in a city originally incorporated
2prior to 1840 is authorized to use any or all of the school
3construction project grants (i) to pay debt service on bonds,
4as those terms are defined in the Local Government Debt Reform
5Act, that are issued to finance one or more school construction
6projects and (ii) to the extent that any such bond is a lease
7or other installment or financing contract between the school
8district and a public building commission that has issued bonds
9to finance one or more qualifying school construction projects,
10to make lease payments under the lease.
11    (b-10) Notwithstanding other uses that may be authorized by
12this Law, if a school district, other than a school district
13with a population exceeding 500,000, in any fiscal year
14receives school construction project grant funds for a school
15construction project for which the district has a bond and
16interest levy and the district has any outstanding debt on that
17construction project, then the district shall use a minimum of
1880% of the grant funds to first defease or redeem any
19outstanding debt and shall reduce the debt levy by an amount
20equal to or greater than the amount of the grant funds used to
21pay off outstanding debt within the first 5 levy years of
22receiving the funds. Any remaining funds not required to
23defease or redeem any outstanding debt shall be used at the
24discretion of the district to fund capital improvements related
25to school construction projects.
26    (c) No portion of a school construction project grant

 

 

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1awarded by the Capital Development Board shall be used by a
2school district for any on-going operational costs.
3(Source: P.A. 98-18, eff. 6-7-13.)
 
4    Section 99. Effective date. This Act takes effect upon
5becoming law.".