Illinois General Assembly - Full Text of HB4680
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Full Text of HB4680  98th General Assembly

HB4680eng 98TH GENERAL ASSEMBLY

  
  
  

 


 
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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
511E-90, 11E-95, 17-3, and 17-5 as follows:
 
6    (105 ILCS 5/11E-90)
7    Sec. 11E-90. Classification of property, taxes, bonds, and
8funds for combined high school - unit districts.
9    (a) All real property included within the boundaries of a
10combined high school - unit district created in accordance with
11this Article shall be classified into either a high school only
12classification or elementary and high school classification as
13follows:
14        (1) Real property included within the high school only
15    classification shall include all of the real property
16    included within both the boundaries of the combined high
17    school - unit district and the boundaries of a separate
18    school district organized and established for purposes of
19    providing instruction up to and including grade 8.
20        (2) Real property included within the elementary and
21    high school classification shall include all of the real
22    property of the combined high school - unit district not
23    included in the high school only classification.

 

 

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1    (b) The petition to establish a combined high school - unit
2district shall set forth the maximum annual authorized tax
3rates for the proposed district as follows:
4        (1) The petition to establish a combined high school -
5    unit district must include a maximum annual authorized tax
6    rate for both grade K through 8 educational purposes and
7    grade 9 through 12 educational purposes. The rate for grade
8    K through 8 educational purposes shall not exceed 3.5%. The
9    rate for grade 9 through 12 educational purposes shall not
10    exceed 3.5%. The combined rate for both grade K through 8
11    and grade 9 through 12 educational purposes shall not
12    exceed 7.0% 4.0%.
13        (2) The petition to establish a combined high school -
14    unit district must include a maximum annual authorized tax
15    rate for both grade K through 8 operations and maintenance
16    purposes and grade 9 through 12 operations and maintenance
17    purposes. The rate for grade K through 8 operations and
18    maintenance purposes shall not exceed 0.55%. The rate for
19    grade 9 through 12 operations and maintenance purposes
20    shall not exceed 0.55%. The combined rate for both grade K
21    through 8 and grade 9 through 12 operations and maintenance
22    purposes shall not exceed 1.10% 0.75%.
23        (3) The petition to establish a combined high school -
24    unit district must include a maximum annual authorized tax
25    rate for both grade K through 8 special education purposes
26    and grade 9 through 12 special education purposes. The rate

 

 

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1    for grade K through 8 special education purposes shall not
2    exceed 0.40%. The rate for grade 9 through 12 special
3    education purposes shall not exceed 0.40%.
4        (4) The petition to establish a combined high school -
5    unit district must include a maximum annual authorized tax
6    rate for transportation purposes.
7        (5) If it is desired to secure authority to levy other
8    taxes above the permissive rate applicable to unit
9    districts as specified elsewhere in statute, the petition
10    must include the maximum annual authorized tax rate at
11    which the district will be authorized to levy a tax for
12    each such purpose, not to exceed the maximum rate
13    applicable to unit districts as specified elsewhere in
14    statute.
15    (c) The school board of any new combined high school - unit
16district created under the provisions of this Article may levy
17a tax annually upon all of the taxable property of the district
18at the value as equalized or assessed by the Department of
19Revenue, as follows:
20        (1) For all real property within the district, rates
21    not to exceed the maximum annual authorized grade 9 through
22    12 educational purposes rate established in accordance
23    with subdivision (1) of subsection (b) of this Section, the
24    maximum annual authorized grade 9 through 12 operation and
25    maintenance purposes rate established in accordance with
26    subdivision (2) of subsection (b) of this Section, the

 

 

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1    maximum annual authorized grade 9 through 12 special
2    education purposes rate established in accordance with
3    subdivision (3) of subsection (b) of this Section, the
4    maximum annual authorized transportation purposes rate
5    established in accordance with subdivision (4) of
6    subsection (b) of this Section, and for all other purposes,
7    the statutory permissive rate for unit districts or the
8    maximum annual authorized rate for that purpose
9    established in accordance with subdivision (5) of
10    subsection (b) of this Section.
11        (2) For all real property in the district included
12    within the elementary and high school classification, in
13    addition to the rates authorized by subdivision (1) of this
14    subsection (c), rates not to exceed the maximum annual
15    authorized grade K through 8 educational purposes rate
16    established in accordance with subdivision (1) of
17    subsection (b) of this Section, the maximum annual
18    authorized grade K through 8 operation and maintenance
19    purposes rate established in accordance with subdivision
20    (2) of subsection (b) of this Section, and the maximum
21    annual authorized grade K through 8 special education
22    purposes rate established in accordance with subdivision
23    (3) of subsection (b) of this Section.
24    (d) The school board may, subsequent to the formation of
25the district and in accordance with Sections 17-2 through 17-7
26of this Code, seek to increase the maximum annual authorized

 

 

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1tax rates for any statutorily authorized purpose up to the
2maximum rate set forth in subsection (b) of this Section or
3otherwise applicable to unit districts as specified elsewhere
4in statute, whichever is less, subject to the following
5approval requirements:
6        (1) The school board may increase the following rates
7    only after submitting a proper resolution to the voters of
8    the district at any regular scheduled election and
9    obtaining approval by both a majority of voters living in
10    the portion of the territory included within the high
11    school only classification voting on the proposition and a
12    majority of voters living in the portion of the territory
13    included within the elementary and high school
14    classification voting on the proposition:
15            (A) The maximum annual authorized grade 9 through
16        12 educational purposes rate established in accordance
17        with subdivision (1) of subsection (b) of this Section,
18        as may be increased thereafter in accordance with this
19        subsection (d).
20            (B) The maximum annual authorized grade 9 through
21        12 operation and maintenance purposes rate established
22        in accordance with subdivision (2) of subsection (b) of
23        this Section, as may be increased thereafter in
24        accordance with this subsection (d).
25            (C) The maximum annual authorized grade 9 through
26        12 special education purposes rate established in

 

 

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1        accordance with subdivision (3) of subsection (b) of
2        this Section, as may be increased thereafter in
3        accordance with this Section.
4            (D) The maximum annual authorized transportation
5        purposes rate established in accordance with
6        subdivision (4) of subsection (b) of this Section, as
7        may be increased thereafter in accordance with this
8        subsection (d).
9            (E) For all other statutorily authorized purposes,
10        any rate exceeding the statutory permissive rate for
11        unit districts established in accordance with
12        subdivision (5) of subsection (b) of this Section, as
13        may be increased thereafter in accordance with this
14        Section.
15        (2) The school board may increase the following rates
16    only after submitting a proper resolution to the voters of
17    the district living in the portion of the territory
18    included within the elementary and high school
19    classification at any regular scheduled election and
20    obtaining approval by a majority of voters living in the
21    portion of the territory included within the elementary and
22    high school classification voting on the proposition:
23            (A) The maximum annual authorized grade K through 8
24        educational purposes rate established in accordance
25        with subdivision (1) of subsection (b) of this Section,
26        as may be increased thereafter in accordance with this

 

 

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1        subsection (d).
2            (B) The maximum annual authorized grade K through 8
3        operation and maintenance purposes rate established in
4        accordance with subdivision (2) of subsection (b) of
5        this Section, as may be increased thereafter in
6        accordance with this subsection (d).
7            (C) The maximum annual authorized grade K through 8
8        special education purposes rate established in
9        accordance with subdivision (3) of subsection (b) of
10        this Section, as may be increased thereafter in
11        accordance with this Section.
12    (e) The school board may, after submitting a proper
13resolution to the voters of the district at any regular
14scheduled election, seek to do either of the following:
15        (1) Increase or decrease the maximum authorized annual
16    tax rate for grade K through 8 educational purposes with an
17    equal corresponding increase or decrease of the maximum
18    authorized annual tax rate for grade 9 through 12
19    educational purposes, such that there is no change in the
20    total combined maximum authorized annual tax rate for both
21    purposes.
22        (2) Increase or decrease the maximum authorized annual
23    tax rate for grade K through 8 operations and maintenance
24    purposes with an equal corresponding increase or decrease
25    of the maximum authorized annual tax rate for grade 9
26    through 12 operations and maintenance purposes, such that

 

 

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1    there is no change in the total combined maximum authorized
2    annual tax rate for both purposes.
3    Any modification to maximum authorized annual tax rates
4pursuant to this subsection (e) must be approved by both a
5majority of voters living in the portion of the territory
6included within the high school only classification voting on
7the proposition and a majority of voters living in the portion
8of the territory included within the elementary and high school
9classification voting on the proposition. No maximum tax rate
10secured hereunder may exceed the maximum tax rate for a
11particular purpose specified elsewhere in statute.
12    (f) The school board may seek to do either of the
13following:
14        (1) Increase the maximum authorized annual tax rate for
15    either grade K through 8 educational purposes or grade K
16    through 8 operations and maintenance purposes with an equal
17    corresponding decrease being effected to the maximum
18    authorized tax rate for the other fund.
19        (2) Increase the maximum authorized annual tax rate for
20    either grade 9 through 12 educational purposes or grade 9
21    through 12 operations and maintenance purposes with an
22    equal corresponding decrease being effected to the maximum
23    authorized tax rate for the other fund.
24    A proper resolution to increase and concurrently decrease
25the maximum authorized annual tax rates for grade K through 8
26purposes in accordance with this subsection (f) shall be

 

 

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1submitted to the voters of the district residing in the
2elementary and high school classification at any regular
3scheduled election and must be approved by a majority of voters
4living in the portion of the territory included within the
5elementary and high school classification voting on the
6proposition. A proper resolution to increase and concurrently
7decrease the maximum authorized annual tax rates for grade 9
8through 12 purposes in accordance with this subsection (f)
9shall be submitted to all of the voters of the district at any
10regular scheduled election and must be approved by a majority
11of voters voting on the proposition. No maximum tax rate
12secured hereunder may exceed the maximum tax rate for a
13particular purpose specified elsewhere in statute. The terms
14and provisions of this subsection (f) shall apply instead of
15the terms and provisions of Section 17-6.1 of this Code to any
16concurrent equal increase and decrease in the maximum
17authorized rates for educational and operations and
18maintenance purposes by a combined high school - unit district.
19    (g) The school board may borrow money and issue bonds for
20elementary or high school purposes (but not K through 12
21purposes) as authorized by Articles 10 and 19 and Section
2217-2.11 of this Code and as otherwise permitted by law. All
23notices, resolutions, and ballots related to borrowing money
24and issuing bonds in accordance with this subsection (g) shall
25indicate whether the proposed action is for elementary or high
26school purposes. Taxes to pay the principal of, interest on,

 

 

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1and premium, if any, on bonds issued for high school purposes
2shall be extended against the entire district, and taxes to pay
3the principal of, interest on, and premium, if any, on bonds
4issued for elementary purposes shall be extended only against
5property within the elementary and high school classification.
6The proposition to issue bonds for high school purposes must be
7submitted to and approved by a majority of voters of the
8district voting on the proposition. The proposition to issue
9bonds for elementary purposes must only be submitted to and
10approved by a majority of voters living in the portion of the
11territory proposed to be included or included within the
12elementary and high school classification voting on the
13proposition. Notwithstanding the terms and provisions of
14Section 19-4 of this Code, the board of a combined high school -
15 unit district may not seek to designate any bonds issued for
16high school purposes as bonds issued for elementary purposes or
17designate any bonds issued for elementary purposes as bonds
18issued for high school purposes. Any petition filed in
19accordance with Section 19-9 of this Code requesting that the
20proposition to issue bonds for the payment of orders or claims
21for elementary purposes be submitted to the voters must be
22signed by 10% or more of the registered voters of the
23elementary and high school classification. If required
24pursuant to Section 19-9 of this Code, the proposition to issue
25bonds for the payment of orders or claims for elementary
26purposes must only be submitted to and approved by a majority

 

 

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1of voters living in the portion of the territory included
2within the elementary and high school classification voting on
3the proposition. Taxes to pay the principal of, interest on,
4and premium, if any, on any refunding bonds issued in
5accordance with Article 19 of this Code to refund bonds,
6coupons, or other evidences of indebtedness for bonds issued by
7the combined high school - unit district for high school
8purposes or issued by a district that dissolved to form the
9combined high school - unit district shall be extended against
10the entire district. Taxes to pay the principal of, interest
11on, and premium, if any, on any refunding bonds issued in
12accordance with Article 19 of this Code to refund bonds,
13coupons, or other evidences of indebtedness for bonds issued by
14the combined high school - unit district for elementary
15purposes shall only be extended against the property within the
16elementary and high school classification.
17    (h) The school board may establish, maintain, or re-create
18a working cash fund for elementary or high school purposes (but
19not K through 12 purposes) as authorized by Article 20 of this
20Code. All notices, resolutions, and ballots related to the
21establishment of a working cash fund shall indicate whether the
22working cash fund shall be for elementary or high school
23purposes. For purposes of Section 20-2 of this Code, taxes to
24pay the principal of, interest on, and premium, if any, on
25bonds issued to create a working cash fund for high school
26purposes shall be extended against the entire district, and

 

 

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1taxes to pay the principal of, interest on, and premium, if
2any, on bonds issued to create a working cash fund for
3elementary purposes shall be extended only against property
4within the elementary and high school classification. Any
5petition filed in accordance with Section 20-7 of this Code
6requesting that the proposition to issue bonds to establish a
7working cash fund for elementary purposes be submitted to the
8voters must be signed by 10% or more of the registered voters
9of the elementary and high school classification. If required
10pursuant to Section 20-7 of this Code, the proposition to issue
11bonds for a working cash fund for elementary purposes must only
12be submitted to and approved by a majority of voters living in
13the portion of the territory included within the elementary and
14high school classification voting on the proposition. Upon the
15abolishment of the working cash fund for elementary purposes in
16accordance with Section 20-8 of this Code, the balance shall be
17transferred to the fund established for the receipt of proceeds
18from levies specified for grade K through 8 educational
19purposes. Upon the abolishment of the working cash fund for
20high school purposes in accordance with Section 20-8 of this
21Code, the balance shall be transferred to the fund established
22for the receipt of proceeds from levies specified for grade 9
23through 12 educational purposes.
24    (i) The school board shall establish separate funds for the
25receipt of tax proceeds from levies specified for grade K
26through 8 purposes and grade 9 through 12 purposes in

 

 

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1accordance with subdivisions (1) through (3) of subsection (b)
2of this Section and the receipt of tax and other proceeds from
3bond issuances for grade K through 8 purposes and grade 9
4through 12 purposes in accordance with subsection (g) of this
5Section. Proceeds received from any levy or bond issuance
6specified for grade K through 8 purposes shall not be used to
7pay for any staff, equipment, materials, facilities,
8buildings, land, or services solely related to instruction in
9grades 9 through 12. Proceeds received from any levy or bond
10issuance specified for grade 9 through 12 purposes shall not be
11used to pay for any staff, equipment, materials, facilities,
12buildings, land, or services solely related to instruction in
13grades K through 8. Expenses related to staff, equipment,
14materials, facilities, buildings, land, or services related to
15instruction in both grades K through 8 and grades 9 through 12
16may be paid from proceeds received from a levy or bond issuance
17specified for either grade K through 8 purposes or grade 9
18through 12 purposes.
19    (j) The school board of a combined high school - unit
20district may abate or abolish any fund in accordance with this
21Code, provided that no funds may be transferred from an abated
22or abolished fund specified for grade K through 8 purposes to a
23fund specified for grade 9 through 12 purposes, and no funds
24may be transferred from an abated or abolished fund specified
25for grade 9 through 12 purposes to a fund specified for grade K
26through 8 purposes.

 

 

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1    (k) To the extent the specific requirements for borrowing
2money, levying taxes, issuing bonds, establishing,
3maintaining, or re-creating a working cash fund, and
4transferring funds by a combined high school - unit district
5set forth in this Section conflicts with any general
6requirements for school districts set forth in Article 10, 17,
719, or 20 of this Code, the requirements set forth in this
8Section shall control over any such general requirements.
9(Source: P.A. 94-1019, eff. 7-10-06.)
 
10    (105 ILCS 5/11E-95)
11    Sec. 11E-95. Classification of property, taxes, bonds, and
12funds for optional elementary unit districts.
13    (a) All real property included within the boundaries of an
14optional elementary unit district created in accordance with
15this Article shall be classified into either a high school only
16classification or an elementary and high school classification
17as follows:
18        (1) Real property included within the high school only
19    classification shall include all of the real property
20    included within both the boundaries of the optional
21    elementary unit district and the boundaries of a separate
22    school district organized and established for purposes of
23    providing instruction up to and including grade 8 that did
24    not elect to join the optional elementary unit district in
25    accordance with this Article.

 

 

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1        (2) Real property included within the elementary and
2    high school classification shall include all real property
3    of the optional elementary unit district not included in
4    the high school only classification.
5    (b) The petition to establish an optional elementary unit
6district shall set forth the maximum annual authorized tax
7rates for the proposed district as follows:
8        (1) The petition must specify a maximum annual
9    authorized tax rate for both grade K through 8 educational
10    purposes and grade 9 through 12 educational purposes. The
11    rate for grade K through 8 educational purposes shall not
12    exceed 3.5%. The rate for grade 9 through 12 educational
13    purposes shall not exceed 3.5%. The combined rate for both
14    grade K through 8 and grade 9 through 12 educational
15    purposes shall not exceed 7.0% 4.0%.
16        (2) The petition must specify a maximum annual
17    authorized tax rate for both grade K through 8 operations
18    and maintenance purposes and grade 9 through 12 operations
19    and maintenance purposes. The rate for grade K through 8
20    operations and maintenance purposes shall not exceed
21    0.55%. The rate for grade 9 through 12 operations and
22    maintenance purposes shall not exceed 0.55%. The combined
23    rate for both grade K through 8 and grade 9 through 12
24    operations and maintenance purposes shall not exceed 1.10%
25    0.75%.
26        (3) The petition must specify a maximum annual

 

 

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1    authorized tax rate for both grade K through 8 special
2    education purposes and grade 9 through 12 special education
3    purposes. The rate for grade K through 8 special education
4    purposes shall not exceed 0.40%. The rate for grade 9
5    through 12 special education purposes shall not exceed
6    0.40%.
7        (4) The petition must specify a maximum annual
8    authorized tax rate for transportation purposes.
9        (5) If it is desired to secure authority to levy other
10    taxes above the permissive rate applicable to unit
11    districts as specified elsewhere in statute, the petition
12    must specify the maximum annual authorized tax rate at
13    which the district will be authorized to levy a tax for
14    each such purpose, not to exceed the maximum annual
15    authorized tax rate applicable to unit districts as
16    specified elsewhere in statute.
17        (6) The aggregate of all rates specified in accordance
18    with this subsection (b) shall not exceed the highest dual
19    district rate, excluding rates for bond and interest
20    levies, applicable to any territory within the high school
21    district included in the petition in the year immediately
22    preceding the creation of the new district.
23    (c) The school board of any new optional elementary unit
24district created under the provisions of this Article may levy
25a tax annually upon all of the taxable property of the district
26at the value as equalized or assessed by the Department of

 

 

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1Revenue as follows:
2        (1) For all real property within the district, rates
3    not to exceed the maximum annual authorized grade 9 through
4    12 educational purposes rate established in accordance
5    with subdivision (1) of subsection (b) of this Section, the
6    maximum annual authorized grade 9 through 12 operation and
7    maintenance purposes rate established in accordance with
8    subdivision (2) of subsection (b) of this Section, the
9    maximum annual authorized grade 9 through 12 special
10    education purposes rate established in accordance with
11    subdivision (3) of subsection (b) of this Section, the
12    maximum annual authorized transportation purposes rate
13    established in accordance with subdivision (4) of
14    subsection (b) of this Section, and, for all other
15    purposes, the statutory permissive rate for unit districts
16    or the maximum annual authorized rate for that purpose
17    established in accordance with subdivision (5) of
18    subsection (b) of this Section.
19        (2) For all real property in the district included
20    within the elementary and high school classification, in
21    addition to the rates authorized by subdivision (1) of this
22    subsection (c), rates not to exceed the maximum annual
23    authorized grade K through 8 educational purposes rate
24    established in accordance with subdivision (1) of
25    subsection (b) of this Section, the maximum annual
26    authorized grade K through 8 operation and maintenance

 

 

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1    purposes rate established in accordance with subdivision
2    (2) of subsection (b) of this Section, and the maximum
3    annual authorized grade K through 8 special education
4    purposes rate established in accordance with subdivision
5    (3) of subsection (b) of this Section.
6    (d) The school board may, subsequent to the formation of
7the district and in accordance with Sections 17-2 through 17-7
8of this Code, seek to increase the maximum annual authorized
9tax rates for any statutorily authorized purpose up to the
10maximum rate set forth in subsection (b) of this Section or
11otherwise applicable to unit school districts as specified
12elsewhere in statute, whichever is less, subject to the
13following approval requirements:
14        (1) The school board may increase the following rates
15    only after submitting a proper resolution to the voters of
16    the district at any regular scheduled election and
17    obtaining approval by both a majority of voters living in
18    the portion of the territory included within the high
19    school only classification voting on the proposition and a
20    majority of voters living in the portion of the territory
21    included within the elementary and high school
22    classification voting on the proposition:
23            (A) The maximum annual authorized grade 9 through
24        12 educational purposes rate established in accordance
25        with subdivision (1) of subsection (b) of this Section,
26        as may be increased thereafter in accordance with this

 

 

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1        subsection (d).
2            (B) The maximum annual authorized grade 9 through
3        12 operation and maintenance purposes rate established
4        in accordance with subdivision (2) of subsection (b) of
5        this Section, as may be increased thereafter in
6        accordance with this subsection (d).
7            (C) The maximum annual authorized grade 9 through
8        12 special education purposes rate established in
9        accordance with subdivision (3) of subsection (b) of
10        this Section, as may be increased thereafter in
11        accordance with this subsection (d).
12            (D) The maximum annual authorized transportation
13        purposes rate established in accordance with
14        subdivision (4) of subsection (b) of this Section, as
15        may be increased thereafter in accordance with this
16        subsection (d).
17            (E) For all other statutorily authorized purposes,
18        any rate exceeding the statutory permissive rate for
19        unit districts established in accordance with
20        subdivision (5) of subsection (b) of this Section, as
21        may be increased thereafter in accordance with this
22        subsection (d).
23        (2) The school board may increase the following rates
24    only after submitting a proper resolution to the voters of
25    the district living in the portion of the territory
26    included within the elementary and high school

 

 

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1    classification at any regular scheduled election and
2    obtaining approval by a majority of voters living in the
3    portion of the territory included within the elementary and
4    high school classification voting on the proposition:
5            (A) The maximum annual authorized grade K through 8
6        educational purposes rate established in accordance
7        with subdivision (1) of subsection (b) of this Section,
8        as may be increased thereafter in accordance with this
9        subsection (d).
10            (B) The maximum annual authorized grade K through 8
11        operation and maintenance purposes rate established in
12        accordance with subdivision (2) of subsection (b) of
13        this Section, as may be increased thereafter in
14        accordance with this subsection (d).
15            (C) The maximum annual authorized grade K through 8
16        special education purposes rate established in
17        accordance with subdivision (3) of subsection (b) of
18        this Section, as may be increased thereafter in
19        accordance with this subsection (d).
20    (e) The school board may, after submitting a proper
21resolution to the voters of the district at any regular
22scheduled election, seek to do either of the following:
23        (1) Increase or decrease the maximum authorized annual
24    tax rate for grade K through 8 educational purposes with an
25    equal corresponding increase or decrease of the maximum
26    authorized annual tax rate for grade 9 through 12

 

 

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1    educational purposes, such that there is no change in the
2    total combined maximum authorized annual tax rate for both
3    purposes.
4        (2) Increase or decrease the maximum authorized annual
5    tax rate for grade K through 8 operations and maintenance
6    purposes with an equal corresponding increase or decrease
7    of the maximum authorized annual tax rate for grade 9
8    through 12 operations and maintenance purposes, such that
9    there is no change in the total combined maximum authorized
10    annual tax rate for both purposes.
11    Any modification to maximum authorized annual tax rates
12pursuant to this subsection (e) must be approved by both a
13majority of voters living in the portion of the territory
14included within the high school only classification voting on
15the proposition and a majority of voters living in the portion
16of the territory included within the elementary and high school
17classification voting on the proposition. No maximum tax rate
18secured hereunder may exceed the maximum tax rate for a
19particular purpose specified elsewhere in statute.
20    (f) The school board may seek to do either of the
21following:
22        (1) Increase the maximum authorized annual tax rate for
23    either grade K through 8 educational purposes or grade K
24    through 8 operations and maintenance purposes with an equal
25    corresponding decrease being effected to the maximum
26    authorized tax rate for the other fund.

 

 

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1        (2) Increase the maximum authorized annual tax rate for
2    either grade 9 through 12 educational purposes or grade 9
3    through 12 operations and maintenance purposes with an
4    equal corresponding decrease being effected to the maximum
5    authorized tax rate for the other fund.
6    A proper resolution to increase and concurrently decrease
7the maximum authorized annual tax rates for grade K through 8
8purposes in accordance with this subsection (f) shall be
9submitted to the voters of the district residing in the
10elementary and high school classification at any regular
11scheduled election and must be approved by a majority of voters
12living in the portion of the territory included within the
13elementary and high school classification voting on the
14proposition. A proper resolution to increase and concurrently
15decrease the maximum authorized annual tax rates for grade 9
16through 12 purposes in accordance with this subsection (f)
17shall be submitted to all of the voters of the district at any
18regular scheduled election and must be approved by a majority
19of voters voting on the proposition. No maximum tax rate
20secured hereunder may exceed the maximum tax rate for a
21particular purpose specified elsewhere in statute. The terms
22and provisions of this subsection (f) shall apply instead of
23the terms and provisions of Section 17-6.1 of this Code to any
24concurrent equal increase and decrease in the maximum
25authorized rates for educational and operations and
26maintenance purposes by an optional elementary unit district.

 

 

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1    (g) The school board may borrow money and issue bonds for
2elementary or high school purposes (but not grade K through 12
3purposes) as authorized by Articles 10 and 19 and Section
417-2.11 of this Code and as otherwise permitted by law. All
5notices, resolutions, and ballots related to borrowing money
6and issuing bonds in accordance with this subsection (g) shall
7indicate whether the proposed action is for elementary or high
8school purposes. Taxes to pay the principal of, interest on,
9and premium, if any, on bonds issued for high school purposes
10shall be extended against the entire district, and taxes to pay
11the principal of, interest on, and premium, if any, on bonds
12issued for elementary purposes shall be extended only against
13property within the elementary and high school classification.
14The proposition to issue bonds for high school purposes must be
15submitted to and approved by a majority of voters of the
16district voting on the proposition. The proposition to issue
17bonds for elementary purposes must only be submitted to and
18approved by a majority of voters living in the portion of the
19territory included within the elementary and high school
20classification voting on the proposition. Notwithstanding the
21terms and provisions of Section 19-4 of this Code, the board of
22an optional elementary unit district may not seek to designate
23any bonds issued for high school purposes as bonds issued for
24elementary purposes or designate any bonds issued for
25elementary purposes as bonds issued for high school purposes.
26Any petition filed in accordance with Section 19-9 of this Code

 

 

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1requesting that the proposition to issue bonds for the payment
2of orders or claims for elementary purposes be submitted to the
3voters must be signed by 10% or more of the registered voters
4of the elementary and high school classification. If required
5pursuant to Section 19-9 of this Code, the proposition to issue
6bonds for the payment of orders or claims for elementary
7purposes must only be submitted to and approved by a majority
8of voters living in the portion of the territory included
9within the elementary and high school classification voting on
10the proposition. Taxes to pay the principal of, interest on,
11and premium, if any, on any refunding bonds issued in
12accordance with Article 19 of this Code to refund bonds,
13coupons, or other evidences of indebtedness for bonds issued by
14the optional elementary unit district for high school purposes
15or issued by a district that dissolved to form the optional
16elementary unit district shall be extended against the entire
17district. Taxes to pay the principal of, interest on, and
18premium, if any, on any refunding bonds issued in accordance
19with Article 19 of this Code to refund bonds, coupons, or other
20evidences of indebtedness for bonds issued by the optional
21elementary unit district for elementary purposes shall only be
22extended against the property within the elementary and high
23school classification.
24    (h) The school board may establish, maintain, or re-create
25a working cash fund for elementary or high school purposes (but
26not grade K through 12 purposes) as authorized by Article 20 of

 

 

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1this Code. All notices, resolutions, and ballots related to the
2establishment of a working cash fund shall indicate whether the
3working cash fund shall be for elementary or high school
4purposes. For purposes of Section 20-2 of this Code, taxes to
5pay the principal of, interest on, and premium, if any, on
6bonds issued to create a working cash fund for high school
7purposes shall be extended against the entire district, and
8taxes to pay the principal of, interest on, and premium, if
9any, on bonds issued to create a working cash fund for
10elementary purposes shall be extended only against property
11within the elementary and high school classification. Any
12petition filed in accordance with Section 20-7 of this Code
13requesting that the proposition to issue bonds to establish a
14working cash fund for elementary purposes be submitted to the
15voters must be signed by 10% or more of the registered voters
16of the elementary and high school classification. If required
17pursuant to Section 20-7 of this Code, the proposition to issue
18bonds for a working cash fund for elementary purposes must only
19be submitted to and approved by a majority of voters living in
20the portion of the territory included within the elementary and
21high school classification voting on the proposition. Upon the
22abolishment of the working cash fund for elementary purposes in
23accordance with Section 20-8 of this Code, the balance shall be
24transferred to the fund established for the receipt of proceeds
25from levies specified for grade K through 8 educational
26purposes. Upon the abolishment of the working cash fund for

 

 

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1high school purposes in accordance with Section 20-8 of this
2Code, the balance shall be transferred to the fund established
3for the receipt of proceeds from levies specified for grade 9
4through 12 educational purposes.
5    (i) The school board shall establish separate funds for the
6receipt of tax proceeds from levies specified for grade K
7through 8 purposes and grade 9 through 12 purposes in
8accordance with subdivisions (1) through (3) of subsection (b)
9of this Section and the receipt of tax and other proceeds from
10bond issuances for grade K through 8 purposes and grade 9
11through 12 purposes in accordance with subsection (g) of this
12Section. Proceeds received from any levy or bond issuance
13specified for grade K through 8 purposes shall not be used to
14pay for any staff, equipment, materials, facilities,
15buildings, land, or services solely related to instruction in
16grades 9 through 12. Proceeds received from any levy or bond
17issuance specified for grade 9 through 12 purposes shall not be
18used to pay for any staff, equipment, materials, facilities,
19buildings, land, or services solely related to instruction in
20grades K through 8. Expenses related to staff, equipment,
21materials, facilities, buildings, land, or services related to
22instruction in both grades K through 8 and grades 9 through 12
23may be paid from proceeds received from a levy or bond issuance
24specified for either grade K through 8 purposes or grade 9
25through 12 purposes.
26    (j) The school board of an optional elementary unit

 

 

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1district may abate or abolish any fund in accordance with this
2Code, provided that no funds may be transferred from an abated
3or abolished fund specified for grade K through 8 purposes to a
4fund specified for grade 9 through 12 purposes, and no funds
5may be transferred from an abated or abolished fund specified
6for grade 9 through 12 purposes to a fund specified for grade K
7through 8 purposes.
8    (k) To the extent that the specific requirements for
9borrowing money, levying taxes, issuing bonds, establishing,
10maintaining, or re-creating a working cash fund, and
11transferring funds by an optional elementary unit district set
12forth in this Section conflicts with any general requirements
13for school districts set forth in Article 10, 17, 19, or 20 of
14this Code, the requirements set forth in this Section shall
15control over any such general requirements.
16(Source: P.A. 94-1019, eff. 7-10-06.)
 
17    (105 ILCS 5/17-3)  (from Ch. 122, par. 17-3)
18    Sec. 17-3. Additional levies-Submission to voters.
19    (a) The school board in any district having a population of
20less than 500,000 inhabitants may, by proper resolution, cause
21a proposition to increase, for a limited period of not less
22than 3 nor more than 10 years or for an unlimited period, the
23annual tax rate for educational purposes to be submitted to the
24voters of such district at a regular scheduled election as
25follows:

 

 

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1        (1) in districts maintaining grades 1 through 8, or
2    grades 9 through 12, the maximum rate for educational
3    purposes shall not exceed 3.5% of the value as equalized or
4    assessed by the Department of Revenue;
5        (2) in districts maintaining grades 1 through 12 the
6    maximum rate for educational purposes shall not exceed
7    7.00% 4.00% of the value as equalized or assessed by the
8    Department of Revenue. except that if a single elementary
9    district and a secondary district having boundaries that
10    are coterminous form a community unit district on or after
11    the effective date of this amendatory Act of the 94th
12    General Assembly and the actual combined rate of the
13    elementary district and secondary district prior to the
14    formation of the community unit district is greater than
15    4.00%, then the maximum rate for educational purposes for
16    such district shall be the following:
17            (A) For 2 years following the formation of the
18        community unit district, the maximum rate shall equal
19        the actual combined rate of the previous elementary
20        district and secondary district.
21            (B) In each subsequent year, the maximum rate shall
22        be reduced by 0.10% or reduced to 4.00%, whichever
23        reduction is less. The school board may, by proper
24        resolution, cause a proposition to increase the
25        reduced rate, not to exceed the maximum rate in clause
26        (A), to be submitted to the voters of the district at a

 

 

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1        regular scheduled election as provided under this
2        Section. Nothing in this Section shall require that the
3        maximum rate for educational purpose for a district
4        maintaining grades one through 12 be reduced below
5        4.00%.
6    If the resolution of the school board seeks to increase the
7annual tax rate for educational purposes for a limited period
8of not less than 3 nor more than 10 years, the proposition
9shall so state and shall identify the years for which the tax
10increase is sought.
11    If a majority of the votes cast on the proposition is in
12favor thereof at an election for which the election authorities
13have given notice either (i) in accordance with Section 12-5 of
14the Election Code or (ii) by publication of a true and legible
15copy of the specimen ballot label containing the proposition in
16the form in which it appeared or will appear on the official
17ballot label on the day of the election at least 5 days before
18the day of the election in at least one newspaper published in
19and having a general circulation in the district, the school
20board may thereafter, until such authority is revoked in like
21manner, levy annually the tax so authorized; provided that if
22the proposition as approved limits the increase in the annual
23tax rate of the district for educational purposes to a period
24of not less than 3 nor more than 10 years, the district may,
25unless such authority is sooner revoked in like manner, levy
26annually the tax so authorized for the limited number of years

 

 

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1approved by a majority of the votes cast on the proposition.
2Upon expiration of that limited period, the rate at which the
3district may annually levy its tax for educational purposes
4shall be the rate provided under Section 17-2, or the rate at
5which the district last levied its tax for educational purposes
6prior to approval of the proposition authorizing the levy of
7that tax at an increased rate, whichever is greater.
8    The school board shall certify the proposition to the
9proper election authorities in accordance with the general
10election law.
11    The provisions of this Section concerning notice of the tax
12rate increase referendum apply only to consolidated primary
13elections held prior to January 1, 2002 at which not less than
1455% of the voters voting on the tax rate increase proposition
15voted in favor of the tax rate increase proposition.
16    (b) (Blank). Beginning on the effective date of this
17amendatory Act of the 97th General Assembly, if a unit district
18is being established from an elementary district or districts
19and a high school district, pursuant to Article 11E of this
20Code, and the combined rate of the elementary district or
21districts and the high school district prior to the formation
22of the unit district is greater than 4.00% for educational
23purposes, then the maximum rate for educational purposes for
24the unit district shall be the following:
25        (1) For the first year following the formation of the
26    new unit district, the maximum rate shall equal the lesser

 

 

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1    of the actual combined rate of the previous highest
2    elementary district rate and the high school district rate
3    or 6.40%.
4        (2) For the second year after the formation of the new
5    unit district, the maximum rate shall equal the lesser of
6    the actual combined rate of the previous highest elementary
7    district rate and the high school district rate or 5.80%.
8        (3) For the third year after the formation of the new
9    unit district, the maximum rate shall equal the lesser of
10    the actual combined rate of the previous highest elementary
11    district rate and the high school district rate or 5.20%.
12        (4) For the fourth year after the formation of the new
13    unit district, the maximum rate shall equal the lesser of
14    the actual combined rate of the previous highest elementary
15    district rate and the high school district rate or 4.60%.
16        (5) For the fifth year after the formation of the new
17    unit district and thereafter, the maximum rate shall be no
18    greater than 4.00%.
19(Source: P.A. 97-1022, eff. 1-1-13.)
 
20    (105 ILCS 5/17-5)  (from Ch. 122, par. 17-5)
21    Sec. 17-5. Increase tax rates for operations and
22maintenance purposes-Maximum.
23    (a) The school board in any district having a population of
24less than 500,000 inhabitants may, by proper resolution, cause
25a proposition to increase the annual tax rate for operations

 

 

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1and maintenance purposes to be submitted to the voters of the
2district at a regular scheduled election. The board shall
3certify the proposition to the proper election authority for
4submission to the elector in accordance with the general
5election law. In districts maintaining grades 1 through 8, or
6grades 9 through 12, the maximum rate for operations and
7maintenance purposes shall not exceed .55%; and in districts
8maintaining grades 1 through 12, the maximum rates for
9operations and maintenance purposes shall not exceed 1.10%
10.75%, except that if a single elementary district and a
11secondary district having boundaries that are coterminous on
12the effective date of this amendatory Act form a community unit
13district as authorized under Section 11-6, the maximum rate for
14operation and maintenance purposes for such district shall not
15exceed 1.10% of the value as equalized or assessed by the
16Department of Revenue; and in such district maintaining grades
171 through 12, funds may, subject to the provisions of Section
1817-5.1 accumulate to not more than 5% of the equalized assessed
19valuation of the district. No such accumulation shall ever be
20transferred or used for any other purpose. If a majority of the
21votes cast on the proposition is in favor thereof, the school
22board may thereafter, until such authority is revoked in like
23manner, levy annually a tax as authorized.
24    (b) (Blank). Beginning on the effective date of this
25amendatory Act of the 97th General Assembly, if a unit district
26is being established from an elementary district or districts

 

 

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1and a high school district, pursuant to Article 11E of this
2Code, and the combined rate of the elementary district or
3districts and the high school district prior to the formation
4of the unit district is greater than 0.75% for operations and
5maintenance purposes, then the maximum rate for operations and
6maintenance purposes for the unit district shall be the
7following:
8        (1) For the first year following formation of the new
9    unit district, the maximum rate shall equal the lesser of
10    the actual combined rate of the previous highest elementary
11    district rate and the high school district rate or 1.03%.
12        (2) For the second year after formation of the new unit
13    district, the maximum rate shall equal the lesser of the
14    actual combined rate of the previous highest elementary
15    district rate and the high school district rate or 0.96%.
16        (3) For the third year after the formation of the new
17    unit district, the maximum rate shall equal the lesser of
18    the actual combined rate of the previous highest elementary
19    district rate and the high school district rate or 0.89%.
20        (4) For the fourth year after the formation of the new
21    unit district, the maximum rate shall equal the lesser of
22    the actual combined rate of the previous highest elementary
23    district rate and the high school district rate or 0.82%.
24        (5) For the fifth year after the formation of the new
25    unit district and thereafter, the maximum rate shall be no
26    greater than 0.75%.

 

 

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1(Source: P.A. 97-1022, eff. 1-1-13.)