Full Text of HB3823 99th General Assembly
HB3823eng 99TH GENERAL ASSEMBLY |
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| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 4 | | Section 5. The School Code is amended by changing Section | 5 | | 17-2 as follows:
| 6 | | (105 ILCS 5/17-2) (from Ch. 122, par. 17-2)
| 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:
| 18 | | (1) districts maintaining only grades 1 through 8, .92% | 19 | | for educational
purposes and .25% for operations and | 20 | | maintenance purposes;
| 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;
| 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;
| 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;
| 12 | | (6) districts providing summer classes, .15% for | 13 | | educational
purposes, subject to Section 17-2.1 of this | 14 | | Act.
| 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,
| 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.
| 4 | | Maximum rates before or after established in excess of | 5 | | those
prescribed shall not be affected by the amendatory Act of | 6 | | 1965.
| 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.)
| 11 | | Section 10. The School Construction Law is amended by | 12 | | changing Section 5-35 as follows:
| 13 | | (105 ILCS 230/5-35)
| 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
| 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.
| 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.
| 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
| 8 | | with the provisions of this Article.
| 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
| 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.
| 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.
| 22 | | (Source: P.A. 98-18, eff. 6-7-13.)
| 23 | | Section 99. Effective date. This Act takes effect upon | 24 | | becoming law.
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