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1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
517-3 and 17-5 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
9less than 500,000 inhabitants may, by proper resolution, cause
10a proposition to increase, for a limited period of not less
11than 3 nor more than 10 years or for an unlimited period, the
12annual tax rate for educational purposes to be submitted to the
13voters of such district at a regular scheduled election as
14follows:
15        (1) in districts maintaining grades 1 through 8, or
16    grades 9 through 12, the maximum rate for educational
17    purposes shall not exceed 3.5% of the value as equalized or
18    assessed by the Department of Revenue;
19        (2) in districts maintaining grades 1 through 12 the
20    maximum rate for educational purposes shall not exceed
21    4.00% of the value as equalized or assessed by the
22    Department of Revenue except that if a single elementary
23    district and a secondary district having boundaries that

 

 

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1    are coterminous form a community unit district on or after
2    the effective date of this amendatory Act of the 94th
3    General Assembly and the actual combined rate of the
4    elementary district and secondary district prior to the
5    formation of the community unit district is greater than
6    4.00%, then the maximum rate for educational purposes for
7    such district shall be the following:
8            (A) For 2 years following the formation of the
9        community unit district, the maximum rate shall equal
10        the actual combined rate of the previous elementary
11        district and secondary district.
12            (B) In each subsequent year, the maximum rate shall
13        be reduced by 0.10% or reduced to 4.00%, whichever
14        reduction is less. The school board may, by proper
15        resolution, cause a proposition to increase the
16        reduced rate, not to exceed the maximum rate in clause
17        (A), to be submitted to the voters of the district at a
18        regular scheduled election as provided under this
19        Section. Nothing in this Section shall require that the
20        maximum rate for educational purpose for a district
21        maintaining grades one through 12 be reduced below
22        4.00%.
23    If the resolution of the school board seeks to increase the
24annual tax rate for educational purposes for a limited period
25of not less than 3 nor more than 10 years, the proposition
26shall so state and shall identify the years for which the tax

 

 

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1increase is sought.
2    If a majority of the votes cast on the proposition is in
3favor thereof at an election for which the election authorities
4have given notice either (i) in accordance with Section 12-5 of
5the Election Code or (ii) by publication of a true and legible
6copy of the specimen ballot label containing the proposition in
7the form in which it appeared or will appear on the official
8ballot label on the day of the election at least 5 days before
9the day of the election in at least one newspaper published in
10and having a general circulation in the district, the school
11board may thereafter, until such authority is revoked in like
12manner, levy annually the tax so authorized; provided that if
13the proposition as approved limits the increase in the annual
14tax rate of the district for educational purposes to a period
15of not less than 3 nor more than 10 years, the district may,
16unless such authority is sooner revoked in like manner, levy
17annually the tax so authorized for the limited number of years
18approved by a majority of the votes cast on the proposition.
19Upon expiration of that limited period, the rate at which the
20district may annually levy its tax for educational purposes
21shall be the rate provided under Section 17-2, or the rate at
22which the district last levied its tax for educational purposes
23prior to approval of the proposition authorizing the levy of
24that tax at an increased rate, whichever is greater.
25    The school board shall certify the proposition to the
26proper election authorities in accordance with the general

 

 

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1election law.
2    The provisions of this Section concerning notice of the tax
3rate increase referendum apply only to consolidated primary
4elections held prior to January 1, 2002 at which not less than
555% of the voters voting on the tax rate increase proposition
6voted in favor of the tax rate increase proposition.
7    (b) Beginning on the effective date of this amendatory Act
8of the 97th General Assembly, if a unit district is being
9established from an elementary district or districts and a high
10school district, pursuant to Article 11E of this Code, and the
11combined rate of the elementary district or districts and the
12high school district prior to the formation of the unit
13district is greater than 4.00% for educational purposes, then
14the maximum rate for educational purposes for the unit district
15shall be the following:
16        (1) For the first year following the formation of the
17    new unit district, the maximum rate shall equal the lesser
18    of the actual combined rate of the previous highest
19    elementary district rate and the high school district rate
20    or 6.40%.
21        (2) For the second year after the formation of the new
22    unit district, the maximum rate shall equal the lesser of
23    the actual combined rate of the previous highest elementary
24    district rate and the high school district rate or 5.80%.
25        (3) For the third year after the formation of the new
26    unit district, the maximum rate shall equal the lesser of

 

 

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1    the actual combined rate of the previous highest elementary
2    district rate and the high school district rate or 5.20%.
3        (4) For the fourth year after the formation of the new
4    unit district, the maximum rate shall equal the lesser of
5    the actual combined rate of the previous highest elementary
6    district rate and the high school district rate or 4.60%.
7        (5) For the fifth year after the formation of the new
8    unit district and thereafter, the maximum rate shall be no
9    greater than 4.00%.
10(Source: P.A. 94-52, eff. 6-17-05.)
 
11    (105 ILCS 5/17-5)  (from Ch. 122, par. 17-5)
12    Sec. 17-5. Increase tax rates for operations and
13maintenance purposes- Maximum.
14    (a) The school board in any district having a population of
15less than 500,000 inhabitants may, by proper resolution, cause
16a proposition to increase the annual tax rate for operations
17and maintenance purposes to be submitted to the voters of the
18district at a regular scheduled election. The board shall
19certify the proposition to the proper election authority for
20submission to the elector in accordance with the general
21election law. In districts maintaining grades 1 through 8, or
22grades 9 through 12, the maximum rate for operations and
23maintenance purposes shall not exceed .55%; and in districts
24maintaining grades 1 through 12, the maximum rates for
25operations and maintenance purposes shall not exceed .75%,

 

 

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1except that if a single elementary district and a secondary
2district having boundaries that are coterminous on the
3effective date of this amendatory Act form a community unit
4district as authorized under Section 11-6, the maximum rate for
5operation and maintenance purposes for such district shall not
6exceed 1.10% of the value as equalized or assessed by the
7Department of Revenue; and in such district maintaining grades
81 through 12, funds may, subject to the provisions of Section
917-5.1 accumulate to not more than 5% of the equalized assessed
10valuation of the district. No such accumulation shall ever be
11transferred or used for any other purpose. If a majority of the
12votes cast on the proposition is in favor thereof, the school
13board may thereafter, until such authority is revoked in like
14manner, levy annually a tax as authorized.
15    (b) Beginning on the effective date of this amendatory Act
16of the 97th General Assembly, if a unit district is being
17established from an elementary district or districts and a high
18school district, pursuant to Article 11E of this Code, and the
19combined rate of the elementary district or districts and the
20high school district prior to the formation of the unit
21district is greater than 0.75% for operations and maintenance
22purposes, then the maximum rate for operations and maintenance
23purposes for the unit district shall be the following:
24        (1) For the first year following formation of the new
25    unit district, the maximum rate shall equal the lesser of
26    the actual combined rate of the previous highest elementary

 

 

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1    district rate and the high school district rate or 1.03%.
2        (2) For the second year after formation of the new unit
3    district, the maximum rate shall equal the lesser of the
4    actual combined rate of the previous highest elementary
5    district rate and the high school district rate or 0.96%.
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 0.89%.
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 0.82%.
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 0.75%.
17(Source: P.A. 86-1334.)