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| | HB3823 Engrossed | | LRB099 05458 NHT 25982 b |
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1 | | AN ACT concerning education.
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2 | | Be it enacted by the People of the State of Illinois,
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3 | | represented in the General Assembly:
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4 | | Section 5. The School Code is amended by changing Section |
5 | | 17-2 as follows:
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6 | | (105 ILCS 5/17-2) (from Ch. 122, par. 17-2)
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7 | | Sec. 17-2. Tax levies; purposes; rates. Except as otherwise |
8 | | provided in
Articles 12 and 13 of this Act, the following |
9 | | maximum rates shall apply to all
taxes levied after August 10, |
10 | | 1965, in districts having a population of less
than 500,000 |
11 | | inhabitants, including those districts organized under Article |
12 | | 11
of the School Code. The school board of any district having |
13 | | a population of
less than 500,000 inhabitants may levy a tax |
14 | | annually, at not to exceed the
maximum rates and for the |
15 | | specified purposes, upon all the taxable property of
the |
16 | | district at the value, as equalized or assessed by the |
17 | | Department of
Revenue as follows:
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18 | | (1) districts maintaining only grades 1 through 8, .92% |
19 | | for educational
purposes and .25% for operations and |
20 | | maintenance purposes;
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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;
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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;
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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;
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12 | | (6) districts providing summer classes, .15% for |
13 | | educational
purposes, subject to Section 17-2.1 of this |
14 | | Act.
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15 | | Whenever any special charter school district operating |
16 | | grades 1
through 12 , has organized or shall organize under the |
17 | | general school
law, the district so organized may continue to |
18 | | levy taxes at not to
exceed the rate at which taxes were last |
19 | | actually extended by the
special charter district, except that |
20 | | if such rate at which taxes were
last actually extended by such |
21 | | special charter district was less than
the maximum rate for |
22 | | districts maintaining grades 1 through 12
authorized under this |
23 | | Section, such special charter district
nevertheless may levy |
24 | | taxes at a rate not to exceed the maximum rate for
districts |
25 | | maintaining grades 1 through 12 authorized under this Section,
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26 | | and except that if any such district maintains only grades 1 |
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1 | | through 8,
the board may levy, for educational purposes, at a |
2 | | rate not to exceed
the maximum rate for elementary districts |
3 | | authorized under this Section.
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4 | | Maximum rates before or after established in excess of |
5 | | those
prescribed shall not be affected by the amendatory Act of |
6 | | 1965.
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7 | | Maximum rates established under this Section are subject to |
8 | | subsection (b-10) of Section 5-35 of the School Construction |
9 | | Law. |
10 | | (Source: P.A. 87-984; 87-1023; 88-45.)
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11 | | Section 10. The School Construction Law is amended by |
12 | | changing Section 5-35 as follows:
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13 | | (105 ILCS 230/5-35)
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14 | | Sec. 5-35. School construction project grant amounts; |
15 | | permitted
use; prohibited use. |
16 | | (a) The product of the district's grant index and the
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17 | | recognized project cost, as determined by the Capital |
18 | | Development Board, for an
approved school construction project |
19 | | shall equal the amount of the grant the
Capital Development |
20 | | Board shall provide to the eligible district. The grant
index |
21 | | shall not be used in cases where the General Assembly and the |
22 | | Governor
approve appropriations designated for specifically |
23 | | identified school district
construction projects.
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24 | | The average of the grant indexes of the member districts in |
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1 | | a joint agreement shall be used to calculate the amount of a |
2 | | school construction project grant awarded to an eligible Type |
3 | | 40 area vocational center.
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4 | | (b) In each fiscal year in which school construction |
5 | | project grants are
awarded, 20% of the total amount awarded |
6 | | statewide shall be awarded to a school
district with a |
7 | | population exceeding 500,000, provided such district complies
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8 | | with the provisions of this Article.
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9 | | In addition to the uses otherwise authorized by this Law, |
10 | | any school
district with a population exceeding 500,000 is |
11 | | authorized to use any or all
of the school construction project |
12 | | grants (i) to pay debt service, as defined
in the Local |
13 | | Government Debt Reform Act, on bonds, as defined in the Local
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14 | | Government Debt Reform Act, issued to finance one or more |
15 | | school construction
projects and (ii) to the extent that any |
16 | | such bond is a lease or other
installment or financing contract |
17 | | between the school district and a public
building commission |
18 | | that has issued bonds to finance one or more qualifying
school |
19 | | construction projects, to make lease payments under the lease.
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20 | | (b-3)
The Capital Development Board shall make payment in |
21 | | an amount equal to 20% of each amount deposited into the School |
22 | | Infrastructure Fund pursuant to subsection (b-5) of Section |
23 | | 6z-45 of the State Finance Act to the Board of Education of the |
24 | | City of Chicago within 10 days after such deposit. The Board of |
25 | | Education 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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1 | | project, (ii) to pay debt service on bonds, as those terms are |
2 | | defined in the Local Government Debt Reform Act, that are |
3 | | issued to finance one or more school construction projects, and |
4 | | (iii) to the extent that any such bond is a lease or other |
5 | | installment or financing contract between the school district |
6 | | and a public building commission that has issued bonds to |
7 | | finance one or more qualifying school construction projects, to |
8 | | make lease payments under the lease. The Board of Education of |
9 | | the City of Chicago shall submit quarterly to the Capital |
10 | | Development Board documentation sufficient to establish that |
11 | | this money is being used as authorized by this Section. The |
12 | | Capital Development Board may withhold payments if the |
13 | | documentation is not provided. The remaining 80% of each such |
14 | | deposit shall be applied in accordance with the provisions of |
15 | | subsection (a) of this Section; however, no portion of this |
16 | | remaining 80% shall be awarded to a school district with a |
17 | | population of more than 500,000. |
18 | | (b-5) In addition to the uses otherwise authorized by this |
19 | | Law, any school district that (1) was organized prior to 1860 |
20 | | and (2) is located in part in a city originally incorporated |
21 | | prior to 1840 is authorized to use any or all of the school |
22 | | construction project grants (i) to pay debt service on bonds, |
23 | | as those terms are defined in the Local Government Debt Reform |
24 | | Act, that are issued to finance one or more school construction |
25 | | projects and (ii) to the extent that any such bond is a lease |
26 | | or other installment or financing contract between the school |
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1 | | district and a public building commission that has issued bonds |
2 | | to finance one or more qualifying school construction projects, |
3 | | to make lease payments under the lease. |
4 | | (b-10) Notwithstanding other uses that may be authorized by |
5 | | this Law, if a school district, other than a school district |
6 | | with a population exceeding 500,000, in any fiscal year |
7 | | receives school construction project grant funds for a school |
8 | | construction project for which the district has a bond and |
9 | | interest levy and the district has any outstanding debt on that |
10 | | construction project, then the district shall use a minimum of |
11 | | 80% of the grant funds to first defease or redeem any |
12 | | outstanding debt and shall reduce the debt levy by an amount |
13 | | equal to or greater than the amount of the grant funds used to |
14 | | pay off outstanding debt within the first 5 levy years of |
15 | | receiving the funds. Any remaining funds not required to |
16 | | defease or redeem any outstanding debt shall be used at the |
17 | | discretion of the district to fund capital improvements related |
18 | | to school construction projects. |
19 | | (c) No portion of a school construction project grant |
20 | | awarded by the
Capital Development Board shall be used by a |
21 | | school district for any
on-going operational costs.
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22 | | (Source: P.A. 98-18, eff. 6-7-13.)
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23 | | Section 99. Effective date. This Act takes effect upon |
24 | | becoming law.
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