Full Text of SB0626 97th General Assembly
SB0626sam001 97TH GENERAL ASSEMBLY | Sen. Chris Lauzen Filed: 4/11/2011
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| 1 | | AMENDMENT TO SENATE BILL 626
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 626 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by adding Section | 5 | | 11E-13 and by changing Sections 17-3 and 17-5 and as follows: | 6 | | (105 ILCS 5/11E-13 new) | 7 | | Sec. 11E-13. One elementary school district per high school | 8 | | district. Notwithstanding any other provision of law to the | 9 | | contrary, beginning on the effective date of this amendatory | 10 | | Act of the 97th General Assembly, each high school district | 11 | | shall contain only one elementary school district, which shall | 12 | | have identical boundaries. Within 60 days after the effective | 13 | | date of this amendatory Act of the 97th General Assembly, on a | 14 | | date set by the State Board of Education, a special election | 15 | | must be held in each high school district to elect members to | 16 | | the school board of the newly formed elementary school |
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| 1 | | district, if needed. Each member of the elementary school | 2 | | district's board shall be elected for a term of 4 years, except | 3 | | that for the initial members of the board, 3 shall be elected | 4 | | to serve a term that begins immediately after being elected and | 5 | | expires upon the initial member's successor being elected at | 6 | | the regular school election in April of 2013 and 4 shall be | 7 | | elected to serve a term that begins immediately after being | 8 | | elected and expires upon the initial member's successor being | 9 | | elected at the regular school election in April of 2015.
| 10 | | (105 ILCS 5/17-3) (from Ch. 122, par. 17-3)
| 11 | | Sec. 17-3. Additional levies-Submission to voters. | 12 | | (a) The school board in any district having a population of | 13 | | less than
500,000 inhabitants may, by proper resolution, cause | 14 | | a proposition to
increase, for a limited period of not less | 15 | | than 3 nor more than 10 years or
for an unlimited period, the
| 16 | | annual tax rate for educational purposes to be submitted to
the | 17 | | voters of such district at a regular scheduled election as
| 18 | | follows:
| 19 | | (1) in districts maintaining grades 1 through 8, or | 20 | | grades 9 through
12, the maximum rate for educational | 21 | | purposes shall not exceed 3.5% of the
value as equalized or | 22 | | assessed by the Department of Revenue for taxes levied for | 23 | | 2012 or prior years, not to exceed 3.2% for taxes levied | 24 | | for 2013, not to exceed 2.9% for taxes levied for 2014, not | 25 | | to exceed 2.6% for taxes levied for 2015, not to exceed |
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| 1 | | 2.3% for taxes levied for 2016, and not to exceed 2.0% for | 2 | | taxes levied for 2017 or thereafter ;
| 3 | | (2) in districts maintaining grades 1 through 12 the | 4 | | maximum rate
for educational purposes shall not exceed | 5 | | 4.00% of the value as equalized or assessed by the | 6 | | Department of Revenue except that if a single
elementary | 7 | | district and a secondary district having boundaries that | 8 | | are
coterminous form a community
unit district
on or after | 9 | | the effective date of this amendatory Act of the 94th | 10 | | General Assembly and the actual combined rate of the | 11 | | elementary district and secondary district prior to the | 12 | | formation of the community unit district is greater than | 13 | | 4.00%, then the maximum rate for educational
purposes
for | 14 | | such district shall be the following:
| 15 | | (A) For 2 years following the formation of the | 16 | | community unit district, the maximum rate shall equal | 17 | | the actual combined rate of the previous elementary | 18 | | district and secondary district.
| 19 | | (B) In each subsequent year, the maximum rate shall | 20 | | be reduced by 0.10% or reduced to 4.00%, whichever | 21 | | reduction is less. The school board may, by proper | 22 | | resolution, cause a proposition to increase the | 23 | | reduced rate, not to exceed the maximum rate in clause | 24 | | (A), to be submitted to the voters of the district at a | 25 | | regular scheduled election as provided under this | 26 | | Section. Nothing in this Section shall require that the |
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| 1 | | maximum rate for educational purpose for a district | 2 | | maintaining grades one through 12 be reduced below | 3 | | 4.00%.
| 4 | | If the resolution of the school board seeks to increase the | 5 | | annual tax rate
for educational purposes for a limited period | 6 | | of not less than 3 nor more than
10 years, the proposition | 7 | | shall
so state and shall identify the years for which the tax | 8 | | increase is sought.
| 9 | | If
a majority of the votes cast on the proposition is in | 10 | | favor
thereof at an election for which the election authorities | 11 | | have given notice
either (i) in accordance with Section 12-5 of | 12 | | the Election Code or (ii) by
publication of a true and legible | 13 | | copy of the specimen ballot label containing
the proposition in | 14 | | the form in which it appeared or will appear on the official
| 15 | | ballot label on the day of the election at least 5 days before | 16 | | the day of the
election in at least one newspaper published in | 17 | | and having a general
circulation in the district, the school | 18 | | board may thereafter, until such
authority is
revoked in like | 19 | | manner, levy annually the tax so authorized; provided that if
| 20 | | the proposition as approved limits the increase in the annual | 21 | | tax rate of the
district for educational purposes to a period | 22 | | of not less than 3 nor more than
10 years, the district may,
| 23 | | unless such authority is sooner revoked in like manner, levy | 24 | | annually the tax
so authorized for the limited number of years | 25 | | approved by a majority of the
votes cast on
the proposition. | 26 | | Upon expiration of that limited period, the rate at which the
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| 1 | | district may annually levy
its tax for educational purposes | 2 | | shall be the rate provided under Section 17-2,
or the rate at | 3 | | which the district last levied its tax for educational purposes
| 4 | | prior to approval of the proposition authorizing the levy of | 5 | | that tax at an
increased rate, whichever is greater.
| 6 | | The school board shall certify the proposition to the | 7 | | proper election
authorities
in accordance with the general | 8 | | election law.
| 9 | | The provisions of this Section concerning notice of the tax | 10 | | rate increase
referendum apply only to consolidated primary | 11 | | elections held prior to January
1, 2002 at which not less than
| 12 | | 55% of the voters voting on the tax rate increase proposition | 13 | | voted in favor
of the
tax rate increase proposition.
| 14 | | (b) Beginning on the effective date of this amendatory Act | 15 | | of the 97th General Assembly, no elementary or high school | 16 | | district established pursuant to Section 11E-13 of this Code | 17 | | may levy taxes for educational purposes at a rate greater than | 18 | | 2.0% of the value as equalized or assessed by the Department of | 19 | | Revenue. | 20 | | (Source: P.A. 94-52, eff. 6-17-05.)
| 21 | | (105 ILCS 5/17-5) (from Ch. 122, par. 17-5)
| 22 | | Sec. 17-5. Increase tax rates for operations and | 23 | | maintenance purposes-
Maximum. | 24 | | (a) The school board in any district having a population of | 25 | | less than
500,000 inhabitants may, by proper resolution, cause |
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| 1 | | a proposition to
increase the annual tax rate for operations | 2 | | and maintenance purposes to be
submitted to the voters of the | 3 | | district at a regular scheduled election.
The board shall | 4 | | certify the proposition to the proper election authority
for | 5 | | submission to the elector in accordance with the general | 6 | | election law.
In districts maintaining grades 1 through 8,
or | 7 | | grades 9 through 12, the maximum rate for operations and
| 8 | | maintenance purposes shall not exceed .55% for taxes levied for | 9 | | 2012 or prior years, not to exceed 0.475% for taxes levied for | 10 | | 2013, not to exceed 0.45% for taxes levied for 2014, not to | 11 | | exceed 0.425% for taxes levied for 2015, not to exceed 0.40% | 12 | | for taxes levied for 2016, and not to exceed 0.375% for taxes | 13 | | levied for 2017 or thereafter ; and in districts maintaining
| 14 | | grades 1 through 12, the maximum rates for operations and
| 15 | | maintenance purposes shall not exceed .75%, except that if a | 16 | | single elementary
district and a secondary district having | 17 | | boundaries that are coterminous
on the effective date of this | 18 | | amendatory Act form a community unit district
as authorized | 19 | | under Section 11-6, the maximum rate for operation
and | 20 | | maintenance purposes for such district shall not exceed 1.10% | 21 | | of the
value as equalized or assessed by the Department of | 22 | | Revenue; and in such
district maintaining grades 1 through 12, | 23 | | funds may, subject to the
provisions of Section 17-5.1 | 24 | | accumulate to not more than 5% of the
equalized assessed | 25 | | valuation of the district. No such accumulation shall
ever be | 26 | | transferred or used for any other purpose. If a majority of the
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| 1 | | votes cast on the proposition is in favor thereof, the school | 2 | | board may
thereafter, until such authority is revoked in like | 3 | | manner, levy annually a
tax as authorized.
| 4 | | (b) Beginning on the effective date of this amendatory Act | 5 | | of the 97th General Assembly, no elementary or high school | 6 | | district established pursuant to Section 11E-13 of this Code | 7 | | may levy taxes for operations and maintenance purposes at a | 8 | | rate greater than 0.375% of the value as equalized or assessed | 9 | | by the Department of Revenue. | 10 | | (Source: P.A. 86-1334.)
| 11 | | Section 99. Effective date. This Act takes effect June 30, | 12 | | 2011.".
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