Full Text of SB3252 97th General Assembly
SB3252sam001 97TH GENERAL ASSEMBLY | Sen. Pamela J. Althoff Filed: 3/22/2012
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| 1 | | AMENDMENT TO SENATE BILL 3252
| 2 | | AMENDMENT NO. ______. Amend Senate Bill 3252 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 17-3 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 | 9 | | less than
500,000 inhabitants may, by proper resolution, cause | 10 | | a proposition to
increase, for a limited period of not less | 11 | | than 3 nor more than 10 years or
for an unlimited period, the
| 12 | | annual tax rate for educational purposes to be submitted to
the | 13 | | voters of such district at a regular scheduled election as
| 14 | | follows:
| 15 | | (1) in districts maintaining grades 1 through 8, or | 16 | | grades 9 through
12, the maximum rate for educational |
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| 1 | | purposes shall not exceed 3.5% of the
value as equalized or | 2 | | assessed by the Department of Revenue;
| 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, if a unit district is being | 16 | | established from an elementary district or districts and a high | 17 | | school district, pursuant to Article 11E of this Code, and the | 18 | | combined rate of the elementary district or districts and the | 19 | | high school district prior to the formation of the unit | 20 | | district is greater than 4.00% for educational purposes, then | 21 | | the maximum rate for educational purposes for the unit district | 22 | | shall be the following: | 23 | | (1) For the first year following the formation of the | 24 | | new unit district, the maximum rate shall equal the lesser | 25 | | of the actual combined rate of the previous highest | 26 | | elementary district rate and the high school district rate |
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| 1 | | or 6.40%. | 2 | | (2) For the second year after the formation of the new | 3 | | unit district, the maximum rate shall equal the lesser of | 4 | | the actual combined rate of the previous highest elementary | 5 | | district rate and the high school district rate or 5.80%. | 6 | | (3) For the third year after the formation of the new | 7 | | unit district, the maximum rate shall equal the lesser of | 8 | | the actual combined rate of the previous highest elementary | 9 | | district rate and the high school district rate or 5.20%. | 10 | | (4) For the fourth year after the formation of the new | 11 | | unit district, the maximum rate shall equal the lesser of | 12 | | the actual combined rate of the previous highest elementary | 13 | | district rate and the high school district rate or 4.60%. | 14 | | (5) For the fifth year after the formation of the new | 15 | | unit district and thereafter, the maximum rate shall be no | 16 | | greater than 4.00%. | 17 | | (Source: P.A. 94-52, eff. 6-17-05.)
| 18 | | (105 ILCS 5/17-5) (from Ch. 122, par. 17-5)
| 19 | | Sec. 17-5. Increase tax rates for operations and | 20 | | maintenance purposes-
Maximum. | 21 | | (a) The school board in any district having a population of | 22 | | less than
500,000 inhabitants may, by proper resolution, cause | 23 | | a proposition to
increase the annual tax rate for operations | 24 | | and maintenance purposes to be
submitted to the voters of the | 25 | | district at a regular scheduled election.
The board shall |
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| 1 | | certify the proposition to the proper election authority
for | 2 | | submission to the elector in accordance with the general | 3 | | election law.
In districts maintaining grades 1 through 8,
or | 4 | | grades 9 through 12, the maximum rate for operations and
| 5 | | maintenance purposes shall not exceed .55%; and in districts | 6 | | maintaining
grades 1 through 12, the maximum rates for | 7 | | operations and
maintenance purposes shall not exceed .75%, | 8 | | except that if a single elementary
district and a secondary | 9 | | district having boundaries that are coterminous
on the | 10 | | effective date of this amendatory Act form a community unit | 11 | | district
as authorized under Section 11-6, the maximum rate for | 12 | | operation
and maintenance purposes for such district shall not | 13 | | exceed 1.10% of the
value as equalized or assessed by the | 14 | | Department of Revenue; and in such
district maintaining grades | 15 | | 1 through 12, funds may, subject to the
provisions of Section | 16 | | 17-5.1 accumulate to not more than 5% of the
equalized assessed | 17 | | valuation of the district. No such accumulation shall
ever be | 18 | | transferred or used for any other purpose. If a majority of the
| 19 | | votes cast on the proposition is in favor thereof, the school | 20 | | board may
thereafter, until such authority is revoked in like | 21 | | manner, levy annually a
tax as authorized.
| 22 | | (b) Beginning on the effective date of this amendatory Act | 23 | | of the 97th General Assembly, if a unit district is being | 24 | | established from an elementary district or districts and a high | 25 | | school district, pursuant to Article 11E of this Code, and the | 26 | | combined rate of the elementary district or districts and the |
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| 1 | | high school district prior to the formation of the unit | 2 | | district is greater than 0.75% for operations and maintenance | 3 | | purposes, then the maximum rate for operations and maintenance | 4 | | purposes for the unit district shall be the following: | 5 | | (1) For the first year following formation of the new | 6 | | unit district, the maximum rate shall equal the lesser of | 7 | | the actual combined rate of the previous highest elementary | 8 | | district rate and the high school district rate or 1.03%. | 9 | | (2) For the second year after formation of the new unit | 10 | | district, the maximum rate shall equal the lesser of the | 11 | | actual combined rate of the previous highest elementary | 12 | | district rate and the high school district rate or 0.96%. | 13 | | (3) For the third year after the formation of the new | 14 | | unit district, the maximum rate shall equal the lesser of | 15 | | the actual combined rate of the previous highest elementary | 16 | | district rate and the high school district rate or 0.89%. | 17 | | (4) For the fourth year after the formation of the new | 18 | | unit district, the maximum rate shall equal the lesser of | 19 | | the actual combined rate of the previous highest elementary | 20 | | district rate and the high school district rate or 0.82%. | 21 | | (5) For the fifth year after the formation of the new | 22 | | unit district and thereafter, the maximum rate shall be no | 23 | | greater than 0.75%. | 24 | | (Source: P.A. 86-1334.)".
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