SB3090 93RD GENERAL ASSEMBLY

LRB093 20506 NHT 47212 b

93RD GENERAL ASSEMBLY
State of Illinois
2003 and 2004
SB3090

Introduced 2/6/2004, by Don Harmon

SYNOPSIS AS INTRODUCED:

105 ILCS 5/17-6.1

from Ch. 122, par. 17-6.1

Amends the School Code. Provides that if a proposition to increase the educational purposes tax rate of a school district (other than the Chicago school district) is approved at any election held prior to March 19, 2004 and that proposition sets forth the tax rate most recently extended for educational purposes as the existing maximum authorized educational purposes tax rate of the district, then the maximum-authorized educational purposes tax rate of the district shall be calculated as follows: (i) for the first tax year affected by the results of the referendum, the district's tax rates shall be calculated based on the rates set forth in the proposition, and (ii) for each tax year thereafter, the district's maximum-authorized educational purposes tax rate approved at the referendum shall be equal to the sum of the district's maximum-authorized educational purposes tax rate immediately preceding the referendum plus the difference between the rates set forth in the proposition submitted to the voters of the district at the referendum. Allows the school board, within 10 days after the effective date of the amendatory Act, to amend its certificate of tax levy for any year for which its equalized assessed valuation has not yet been certified by the county clerk. Effective immediately.

FISCAL NOTE ACT MAY APPLY

HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY

A BILL FOR

AN ACT concerning schools.

Be it enacted by the People of the State of Illinois, represented in the General Assembly:

Section 5. The School Code is amended by changing Section 17-6.1 as follows:

(105 ILCS 5/17-6.1) (from Ch. 122, par. 17-6.1)

Sec. 17-6.1. Educational purposes and operations, building and maintenance purposes concurrent equal increase and decrease in maximum authorized tax rate.

(a) The school board of any school district having a population of less than 500,000 inhabitants may, by proper resolution, cause to be submitted to the voters of the school district at a regular scheduled election the proposition of whether the maximum authorized annual tax rate for either educational purposes or operations, building and maintenance purposes may be increased with an equal corresponding tax rate decrease being effected in the maximum authorized tax rate for the other fund.

(b) The proposition shall be in substantially the following form:

Shall the maximum authorized annual tax rate for ....... purposes of School District Number ...., ........ County, Illinois (commonly known as .......) be increased from ....% to ....% and the maximum authorized annual tax rate for ....... purposes be decreased concurrently from ....% to ....%?

(c) The rate amount of the proposed tax rate decrease must be the same as the rate amount of the proposed tax rate increase. No maximum tax rate secured hereunder may exceed the maximum rate specified for the particular fund in Section 17-3 and 17-5.

(d) The requirements of Section 17-3.4 shall not apply to the proposition provided for in this Section.

(e) If at the election a majority of the votes cast on the proposition is in favor thereof, the school board may thereafter annually levy the taxes as authorized.

(f) If, at any election held prior to March 19, 2004, the voters of a school district approved the proposition to increase the educational purposes tax rate of the district and the proposition to increase the rate set forth as the existing maximum-authorized educational purposes tax rate of the district the tax rate most recently extended for educational purposes, then, for the purposes of this Code and the Property Tax Code, the maximum-authorized educational purposes tax rate of the district shall be calculated as follows:

(1) for the first tax year affected by the results of the referendum, the district's tax rates shall be calculated based upon the rates set forth in the proposition; and

(2) for each tax year thereafter, the district's maximum-authorized educational purposes tax rate approved at the referendum shall be equal to the sum of the district's maximum-authorized educational purposes tax rate immediately preceding the referendum plus the difference between the rates set forth in the proposition submitted to the voters of the district at the referendum.

Within 10 days after the effective date of this amendatory Act of the 93rd General Assembly, the school board of any school district affected by this subsection (f) may, notwithstanding the requirements of any other law to the contrary, amend its certificate of tax levy for any year for which its equalized assessed valuation has not yet been certified by the county clerk. The amended certificate of tax levy shall be filed with the county clerk within the 10-day period after the effective date of this amendatory Act of the 93rd General Assembly.

(Source: P.A. 86-1318.)

Section 99. Effective date. This Act takes effect upon becoming law.