Full Text of HB4680 98th General Assembly
HB4680ham001 98TH GENERAL ASSEMBLY | Rep. Robert W. Pritchard Filed: 3/19/2014
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| 1 | | AMENDMENT TO HOUSE BILL 4680
| 2 | | AMENDMENT NO. ______. Amend House Bill 4680 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Sections | 5 | | 11E-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 | 8 | | funds for combined high school - unit districts. | 9 | | (a) All real property included within the boundaries of a | 10 | | combined high school - unit district created in accordance with | 11 | | this Article shall be classified into either a high school only | 12 | | classification or elementary and high school classification as | 13 | | follows: | 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 |
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| 1 | | school - unit district and the boundaries of a separate | 2 | | school district organized and established for purposes of | 3 | | providing instruction up to and including grade 8. | 4 | | (2) Real property included within the elementary and | 5 | | high school classification shall include all of the real | 6 | | property of the combined high school - unit district not | 7 | | included in the high school only classification. | 8 | | (b) The petition to establish a combined high school - unit | 9 | | district shall set forth the maximum annual authorized tax | 10 | | rates for the proposed district as follows: | 11 | | (1) The petition to establish a combined high school - | 12 | | unit district must include a maximum annual authorized tax | 13 | | rate for both grade K through 8 educational purposes and | 14 | | grade 9 through 12 educational purposes. The rate for grade | 15 | | K through 8 educational purposes shall not exceed 3.5%. The | 16 | | rate for grade 9 through 12 educational purposes shall not | 17 | | exceed 3.5%. The combined rate for both grade K through 8 | 18 | | and grade 9 through 12 educational purposes shall not | 19 | | exceed 7.0% 4.0% . | 20 | | (2) The petition to establish a combined high school - | 21 | | unit district must include a maximum annual authorized tax | 22 | | rate for both grade K through 8 operations and maintenance | 23 | | purposes and grade 9 through 12 operations and maintenance | 24 | | purposes. The rate for grade K through 8 operations and | 25 | | maintenance purposes shall not exceed 0.55%. The rate for | 26 | | grade 9 through 12 operations and maintenance purposes |
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| 1 | | shall not exceed 0.55%. The combined rate for both grade K | 2 | | through 8 and grade 9 through 12 operations and maintenance | 3 | | purposes shall not exceed 1.10% 0.75% . | 4 | | (3) 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 special education purposes | 7 | | and grade 9 through 12 special education purposes. The rate | 8 | | for grade K through 8 special education purposes shall not | 9 | | exceed 0.40%. The rate for grade 9 through 12 special | 10 | | education purposes shall not exceed 0.40%. | 11 | | (4) The petition to establish a combined high school - | 12 | | unit district must include a maximum annual authorized tax | 13 | | rate for transportation purposes. | 14 | | (5) If it is desired to secure authority to levy other | 15 | | taxes above the permissive rate applicable to unit | 16 | | districts as specified elsewhere in statute, the petition | 17 | | must include the maximum annual authorized tax rate at | 18 | | which the district will be authorized to levy a tax for | 19 | | each such purpose, not to exceed the maximum rate | 20 | | applicable to unit districts as specified elsewhere in | 21 | | statute. | 22 | | (c) The school board of any new combined high school - unit | 23 | | district created under the provisions of this Article may levy | 24 | | a tax annually upon all of the taxable property of the district | 25 | | at the value as equalized or assessed by the Department of | 26 | | Revenue, as follows: |
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| 1 | | (1) For all real property within the district, rates | 2 | | not to exceed the maximum annual authorized grade 9 through | 3 | | 12 educational purposes rate established in accordance | 4 | | with subdivision (1) of subsection (b) of this Section, the | 5 | | maximum annual authorized grade 9 through 12 operation and | 6 | | maintenance purposes rate established in accordance with | 7 | | subdivision (2) of subsection (b) of this Section, the | 8 | | maximum annual authorized grade 9 through 12 special | 9 | | education purposes rate established in accordance with | 10 | | subdivision (3) of subsection (b) of this Section, the | 11 | | maximum annual authorized transportation purposes rate | 12 | | established in accordance with subdivision (4) of | 13 | | subsection (b) of this Section, and for all other purposes, | 14 | | the statutory permissive rate for unit districts or the | 15 | | maximum annual authorized rate for that purpose | 16 | | established in accordance with subdivision (5) of | 17 | | subsection (b) of this Section. | 18 | | (2) For all real property in the district included | 19 | | within the elementary and high school classification, in | 20 | | addition to the rates authorized by subdivision (1) of this | 21 | | subsection (c), rates not to exceed the maximum annual | 22 | | authorized grade K through 8 educational purposes rate | 23 | | established in accordance with subdivision (1) of | 24 | | subsection (b) of this Section, the maximum annual | 25 | | authorized grade K through 8 operation and maintenance | 26 | | purposes rate established in accordance with subdivision |
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| 1 | | (2) of subsection (b) of this Section, and the maximum | 2 | | annual authorized grade K through 8 special education | 3 | | purposes rate established in accordance with subdivision | 4 | | (3) of subsection (b) of this Section. | 5 | | (d) The school board may, subsequent to the formation of | 6 | | the district and in accordance with Sections 17-2 through 17-7 | 7 | | of this Code, seek to increase the maximum annual authorized | 8 | | tax rates for any statutorily authorized purpose up to the | 9 | | maximum rate set forth in subsection (b) of this Section or | 10 | | otherwise applicable to unit districts as specified elsewhere | 11 | | in statute, whichever is less, subject to the following | 12 | | approval requirements: | 13 | | (1) The school board may increase the following rates | 14 | | only after submitting a proper resolution to the voters of | 15 | | the district at any regular scheduled election and | 16 | | obtaining approval by both a majority of voters living in | 17 | | the portion of the territory included within the high | 18 | | school only classification voting on the proposition and a | 19 | | majority of voters living in the portion of the territory | 20 | | included within the elementary and high school | 21 | | classification voting on the proposition: | 22 | | (A) The maximum annual authorized grade 9 through | 23 | | 12 educational purposes rate established in accordance | 24 | | with subdivision (1) of subsection (b) of this Section, | 25 | | as may be increased thereafter in accordance with this | 26 | | subsection (d). |
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| 1 | | (B) The maximum annual authorized grade 9 through | 2 | | 12 operation and maintenance purposes rate established | 3 | | in accordance with subdivision (2) of subsection (b) of | 4 | | this Section, as may be increased thereafter in | 5 | | accordance with this subsection (d). | 6 | | (C) The maximum annual authorized grade 9 through | 7 | | 12 special education purposes rate established in | 8 | | accordance with subdivision (3) of subsection (b) of | 9 | | this Section, as may be increased thereafter in | 10 | | accordance with this Section. | 11 | | (D) The maximum annual authorized transportation | 12 | | purposes rate established in accordance with | 13 | | subdivision (4) of subsection (b) of this Section, as | 14 | | may be increased thereafter in accordance with this | 15 | | subsection (d). | 16 | | (E) For all other statutorily authorized purposes, | 17 | | any rate exceeding the statutory permissive rate for | 18 | | unit districts established in accordance with | 19 | | subdivision (5) of subsection (b) of this Section, as | 20 | | may be increased thereafter in accordance with this | 21 | | Section. | 22 | | (2) The school board may increase the following rates | 23 | | only after submitting a proper resolution to the voters of | 24 | | the district living in the portion of the territory | 25 | | included within the elementary and high school | 26 | | classification at any regular scheduled election and |
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| 1 | | obtaining approval by a majority of voters living in the | 2 | | portion of the territory included within the elementary and | 3 | | high school classification voting on the proposition: | 4 | | (A) The maximum annual authorized grade K through 8 | 5 | | educational purposes rate established in accordance | 6 | | with subdivision (1) of subsection (b) of this Section, | 7 | | as may be increased thereafter in accordance with this | 8 | | subsection (d). | 9 | | (B) The maximum annual authorized grade K through 8 | 10 | | operation and maintenance purposes rate established in | 11 | | accordance with subdivision (2) of subsection (b) of | 12 | | this Section, as may be increased thereafter in | 13 | | accordance with this subsection (d). | 14 | | (C) The maximum annual authorized grade K through 8 | 15 | | special education purposes rate established in | 16 | | accordance with subdivision (3) of subsection (b) of | 17 | | this Section, as may be increased thereafter in | 18 | | accordance with this Section. | 19 | | (e) The school board may, after submitting a proper | 20 | | resolution to the voters of the district at any regular | 21 | | scheduled election, seek to do either of the following: | 22 | | (1) Increase or decrease the maximum authorized annual | 23 | | tax rate for grade K through 8 educational purposes with an | 24 | | equal corresponding increase or decrease of the maximum | 25 | | authorized annual tax rate for grade 9 through 12 | 26 | | educational purposes, such that there is no change in the |
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| 1 | | total combined maximum authorized annual tax rate for both | 2 | | purposes. | 3 | | (2) Increase or decrease the maximum authorized annual | 4 | | tax rate for grade K through 8 operations and maintenance | 5 | | purposes with an equal corresponding increase or decrease | 6 | | of the maximum authorized annual tax rate for grade 9 | 7 | | through 12 operations and maintenance purposes, such that | 8 | | there is no change in the total combined maximum authorized | 9 | | annual tax rate for both purposes. | 10 | | Any modification to maximum authorized annual tax rates | 11 | | pursuant to this subsection (e) must be approved by both a | 12 | | majority of voters living in the portion of the territory | 13 | | included within the high school only classification voting on | 14 | | the proposition and a majority of voters living in the portion | 15 | | of the territory included within the elementary and high school | 16 | | classification voting on the proposition. No maximum tax rate | 17 | | secured hereunder may exceed the maximum tax rate for a | 18 | | particular purpose specified elsewhere in statute. | 19 | | (f) The school board may seek to do either of the | 20 | | following: | 21 | | (1) Increase the maximum authorized annual tax rate for | 22 | | either grade K through 8 educational purposes or grade K | 23 | | through 8 operations and maintenance purposes with an equal | 24 | | corresponding decrease being effected to the maximum | 25 | | authorized tax rate for the other fund. | 26 | | (2) Increase the maximum authorized annual tax rate for |
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| 1 | | either grade 9 through 12 educational purposes or grade 9 | 2 | | through 12 operations and maintenance purposes with an | 3 | | equal corresponding decrease being effected to the maximum | 4 | | authorized tax rate for the other fund. | 5 | | A proper resolution to increase and concurrently decrease | 6 | | the maximum authorized annual tax rates for grade K through 8 | 7 | | purposes in accordance with this subsection (f) shall be | 8 | | submitted to the voters of the district residing in the | 9 | | elementary and high school classification at any regular | 10 | | scheduled election and must be approved by a majority of voters | 11 | | living in the portion of the territory included within the | 12 | | elementary and high school classification voting on the | 13 | | proposition. A proper resolution to increase and concurrently | 14 | | decrease the maximum authorized annual tax rates for grade 9 | 15 | | through 12 purposes in accordance with this subsection (f) | 16 | | shall be submitted to all of the voters of the district at any | 17 | | regular scheduled election and must be approved by a majority | 18 | | of voters voting on the proposition. No maximum tax rate | 19 | | secured hereunder may exceed the maximum tax rate for a | 20 | | particular purpose specified elsewhere in statute. The terms | 21 | | and provisions of this subsection (f) shall apply instead of | 22 | | the terms and provisions of Section 17-6.1 of this Code to any | 23 | | concurrent equal increase and decrease in the maximum | 24 | | authorized rates for educational and operations and | 25 | | maintenance purposes by a combined high school - unit district. | 26 | | (g) The school board may borrow money and issue bonds for |
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| 1 | | elementary or high school purposes (but not K through 12 | 2 | | purposes) as authorized by Articles 10 and 19 and Section | 3 | | 17-2.11 of this Code and as otherwise permitted by law. All | 4 | | notices, resolutions, and ballots related to borrowing money | 5 | | and issuing bonds in accordance with this subsection (g) shall | 6 | | indicate whether the proposed action is for elementary or high | 7 | | school purposes. Taxes to pay the principal of, interest on, | 8 | | and premium, if any, on bonds issued for high school purposes | 9 | | shall be extended against the entire district, and taxes to pay | 10 | | the principal of, interest on, and premium, if any, on bonds | 11 | | issued for elementary purposes shall be extended only against | 12 | | property within the elementary and high school classification. | 13 | | The proposition to issue bonds for high school purposes must be | 14 | | submitted to and approved by a majority of voters of the | 15 | | district voting on the proposition. The proposition to issue | 16 | | bonds for elementary purposes must only be submitted to and | 17 | | approved by a majority of voters living in the portion of the | 18 | | territory proposed to be included or included within the | 19 | | elementary and high school classification voting on the | 20 | | proposition. Notwithstanding the terms and provisions of | 21 | | Section 19-4 of this Code, the board of a combined high school - | 22 | | unit district may not seek to designate any bonds issued for | 23 | | high school purposes as bonds issued for elementary purposes or | 24 | | designate any bonds issued for elementary purposes as bonds | 25 | | issued for high school purposes. Any petition filed in | 26 | | accordance with Section 19-9 of this Code requesting that the |
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| 1 | | proposition to issue bonds for the payment of orders or claims | 2 | | for elementary purposes be submitted to the voters must be | 3 | | signed by 10% or more of the registered voters of the | 4 | | elementary and high school classification. If required | 5 | | pursuant to Section 19-9 of this Code, the proposition to issue | 6 | | bonds for the payment of orders or claims for elementary | 7 | | purposes must only be submitted to and approved by a majority | 8 | | of voters living in the portion of the territory included | 9 | | within the elementary and high school classification voting on | 10 | | the proposition. Taxes to pay the principal of, interest on, | 11 | | and premium, if any, on any refunding bonds issued in | 12 | | accordance with Article 19 of this Code to refund bonds, | 13 | | coupons, or other evidences of indebtedness for bonds issued by | 14 | | the combined high school - unit district for high school | 15 | | purposes or issued by a district that dissolved to form the | 16 | | combined high school - unit district shall be extended against | 17 | | the entire district. Taxes to pay the principal of, interest | 18 | | on, and premium, if any, on any refunding bonds issued in | 19 | | accordance with Article 19 of this Code to refund bonds, | 20 | | coupons, or other evidences of indebtedness for bonds issued by | 21 | | the combined high school - unit district for elementary | 22 | | purposes shall only be extended against the property within the | 23 | | elementary and high school classification. | 24 | | (h) The school board may establish, maintain, or re-create | 25 | | a working cash fund for elementary or high school purposes (but | 26 | | not K through 12 purposes) as authorized by Article 20 of this |
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| 1 | | Code. All notices, resolutions, and ballots related to the | 2 | | establishment of a working cash fund shall indicate whether the | 3 | | working cash fund shall be for elementary or high school | 4 | | purposes. For purposes of Section 20-2 of this Code, taxes to | 5 | | pay the principal of, interest on, and premium, if any, on | 6 | | bonds issued to create a working cash fund for high school | 7 | | purposes shall be extended against the entire district, and | 8 | | taxes to pay the principal of, interest on, and premium, if | 9 | | any, on bonds issued to create a working cash fund for | 10 | | elementary purposes shall be extended only against property | 11 | | within the elementary and high school classification. Any | 12 | | petition filed in accordance with Section 20-7 of this Code | 13 | | requesting that the proposition to issue bonds to establish a | 14 | | working cash fund for elementary purposes be submitted to the | 15 | | voters must be signed by 10% or more of the registered voters | 16 | | of the elementary and high school classification. If required | 17 | | pursuant to Section 20-7 of this Code, the proposition to issue | 18 | | bonds for a working cash fund for elementary purposes must only | 19 | | be submitted to and approved by a majority of voters living in | 20 | | the portion of the territory included within the elementary and | 21 | | high school classification voting on the proposition. Upon the | 22 | | abolishment of the working cash fund for elementary purposes in | 23 | | accordance with Section 20-8 of this Code, the balance shall be | 24 | | transferred to the fund established for the receipt of proceeds | 25 | | from levies specified for grade K through 8 educational | 26 | | purposes. Upon the abolishment of the working cash fund for |
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| 1 | | high school purposes in accordance with Section 20-8 of this | 2 | | Code, the balance shall be transferred to the fund established | 3 | | for the receipt of proceeds from levies specified for grade 9 | 4 | | through 12 educational purposes. | 5 | | (i) The school board shall establish separate funds for the | 6 | | receipt of tax proceeds from levies specified for grade K | 7 | | through 8 purposes and grade 9 through 12 purposes in | 8 | | accordance with subdivisions (1) through (3) of subsection (b) | 9 | | of this Section and the receipt of tax and other proceeds from | 10 | | bond issuances for grade K through 8 purposes and grade 9 | 11 | | through 12 purposes in accordance with subsection (g) of this | 12 | | Section. Proceeds received from any levy or bond issuance | 13 | | specified for grade K through 8 purposes shall not be used to | 14 | | pay for any staff, equipment, materials, facilities, | 15 | | buildings, land, or services solely related to instruction in | 16 | | grades 9 through 12. Proceeds received from any levy or bond | 17 | | issuance specified for grade 9 through 12 purposes shall not be | 18 | | used to pay for any staff, equipment, materials, facilities, | 19 | | buildings, land, or services solely related to instruction in | 20 | | grades K through 8. Expenses related to staff, equipment, | 21 | | materials, facilities, buildings, land, or services related to | 22 | | instruction in both grades K through 8 and grades 9 through 12 | 23 | | may be paid from proceeds received from a levy or bond issuance | 24 | | specified for either grade K through 8 purposes or grade 9 | 25 | | through 12 purposes. | 26 | | (j) The school board of a combined high school - unit |
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| 1 | | district may abate or abolish any fund in accordance with this | 2 | | Code, provided that no funds may be transferred from an abated | 3 | | or abolished fund specified for grade K through 8 purposes to a | 4 | | fund specified for grade 9 through 12 purposes, and no funds | 5 | | may be transferred from an abated or abolished fund specified | 6 | | for grade 9 through 12 purposes to a fund specified for grade K | 7 | | through 8 purposes. | 8 | | (k) To the extent the specific requirements for borrowing | 9 | | money, levying taxes, issuing bonds, establishing, | 10 | | maintaining, or re-creating a working cash fund, and | 11 | | transferring funds by a combined high school - unit district | 12 | | set forth in this Section conflicts with any general | 13 | | requirements for school districts set forth in Article 10, 17, | 14 | | 19, or 20 of this Code, the requirements set forth in this | 15 | | Section shall control over any such general requirements.
| 16 | | (Source: P.A. 94-1019, eff. 7-10-06.) | 17 | | (105 ILCS 5/11E-95) | 18 | | Sec. 11E-95. Classification of property, taxes, bonds, and | 19 | | funds for optional elementary unit districts. | 20 | | (a) All real property included within the boundaries of an | 21 | | optional elementary unit district created in accordance with | 22 | | this Article shall be classified into either a high school only | 23 | | classification or an elementary and high school classification | 24 | | as follows: | 25 | | (1) Real property included within the high school only |
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| 1 | | classification shall include all of the real property | 2 | | included within both the boundaries of the optional | 3 | | elementary unit district and the boundaries of a separate | 4 | | school district organized and established for purposes of | 5 | | providing instruction up to and including grade 8 that did | 6 | | not elect to join the optional elementary unit district in | 7 | | accordance with this Article. | 8 | | (2) Real property included within the elementary and | 9 | | high school classification shall include all real property | 10 | | of the optional elementary unit district not included in | 11 | | the high school only classification.
| 12 | | (b) The petition to establish an optional elementary unit | 13 | | district shall set forth the maximum annual authorized tax | 14 | | rates for the proposed district as follows:
| 15 | | (1) The petition must specify a maximum annual | 16 | | authorized tax rate for both grade K through 8 educational | 17 | | purposes and grade 9 through 12 educational purposes. The | 18 | | rate for grade K through 8 educational purposes shall not | 19 | | exceed 3.5%. The rate for grade 9 through 12 educational | 20 | | purposes shall not exceed 3.5%. The combined rate for both | 21 | | grade K through 8 and grade 9 through 12 educational | 22 | | purposes shall not exceed 7.0% 4.0% . | 23 | | (2) The petition must specify a maximum annual | 24 | | authorized tax rate for both grade K through 8 operations | 25 | | and maintenance purposes and grade 9 through 12 operations | 26 | | and maintenance purposes. The rate for grade K through 8 |
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| 1 | | operations and maintenance purposes shall not exceed | 2 | | 0.55%. The rate for grade 9 through 12 operations and | 3 | | maintenance purposes shall not exceed 0.55%. The combined | 4 | | rate for both grade K through 8 and grade 9 through 12 | 5 | | operations and maintenance purposes shall not exceed 1.10% | 6 | | 0.75% . | 7 | | (3) The petition must specify a maximum annual | 8 | | authorized tax rate for both grade K through 8 special | 9 | | education purposes and grade 9 through 12 special education | 10 | | purposes. The rate for grade K through 8 special education | 11 | | purposes shall not exceed 0.40%. The rate for grade 9 | 12 | | through 12 special education purposes shall not exceed | 13 | | 0.40%. | 14 | | (4) The petition must specify a maximum annual | 15 | | authorized tax rate for transportation purposes. | 16 | | (5) If it is desired to secure authority to levy other | 17 | | taxes above the permissive rate applicable to unit | 18 | | districts as specified elsewhere in statute, the petition | 19 | | must specify the maximum annual authorized tax rate at | 20 | | which the district will be authorized to levy a tax for | 21 | | each such purpose, not to exceed the maximum annual | 22 | | authorized tax rate applicable to unit districts as | 23 | | specified elsewhere in statute. | 24 | | (6) The aggregate of all rates specified in accordance | 25 | | with this subsection (b) shall not exceed the highest dual | 26 | | district rate, excluding rates for bond and interest |
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| 1 | | levies, applicable to any territory within the high school | 2 | | district included in the petition in the year immediately | 3 | | preceding the creation of the new district.
| 4 | | (c) The school board of any new optional elementary unit | 5 | | district created under the provisions of this Article may levy | 6 | | a tax annually upon all of the taxable property of the district | 7 | | at the value as equalized or assessed by the Department of | 8 | | Revenue as follows:
| 9 | | (1) For all real property within the district, rates | 10 | | not to exceed the maximum annual authorized grade 9 through | 11 | | 12 educational purposes rate established in accordance | 12 | | with subdivision (1) of subsection (b) of this Section, the | 13 | | maximum annual authorized grade 9 through 12 operation and | 14 | | maintenance purposes rate established in accordance with | 15 | | subdivision (2) of subsection (b) of this Section, the | 16 | | maximum annual authorized grade 9 through 12 special | 17 | | education purposes rate established in accordance with | 18 | | subdivision (3) of subsection (b) of this Section, the | 19 | | maximum annual authorized transportation purposes rate | 20 | | established in accordance with subdivision (4) of | 21 | | subsection (b) of this Section, and, for all other | 22 | | purposes, the statutory permissive rate for unit districts | 23 | | or the maximum annual authorized rate for that purpose | 24 | | established in accordance with subdivision (5) of | 25 | | subsection (b) of this Section. | 26 | | (2) For all real property in the district included |
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| 1 | | within the elementary and high school classification, in | 2 | | addition to the rates authorized by subdivision (1) of this | 3 | | subsection (c), rates not to exceed the maximum annual | 4 | | authorized grade K through 8 educational purposes rate | 5 | | established in accordance with subdivision (1) of | 6 | | subsection (b) of this Section, the maximum annual | 7 | | authorized grade K through 8 operation and maintenance | 8 | | purposes rate established in accordance with subdivision | 9 | | (2) of subsection (b) of this Section, and the maximum | 10 | | annual authorized grade K through 8 special education | 11 | | purposes rate established in accordance with subdivision | 12 | | (3) of subsection (b) of this Section. | 13 | | (d) The school board may, subsequent to the formation of | 14 | | the district and in accordance with Sections 17-2 through 17-7 | 15 | | of this Code, seek to increase the maximum annual authorized | 16 | | tax rates for any statutorily authorized purpose up to the | 17 | | maximum rate set forth in subsection (b) of this Section or | 18 | | otherwise applicable to unit school districts as specified | 19 | | elsewhere in statute, whichever is less, subject to the | 20 | | following approval requirements: | 21 | | (1) The school board may increase the following rates | 22 | | only after submitting a proper resolution to the voters of | 23 | | the district at any regular scheduled election and | 24 | | obtaining approval by both a majority of voters living in | 25 | | the portion of the territory included within the high | 26 | | school only classification voting on the proposition and a |
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| 1 | | majority of voters living in the portion of the territory | 2 | | included within the elementary and high school | 3 | | classification voting on the proposition: | 4 | | (A) The maximum annual authorized grade 9 through | 5 | | 12 educational purposes rate established in accordance | 6 | | with subdivision (1) of subsection (b) of this Section, | 7 | | as may be increased thereafter in accordance with this | 8 | | subsection (d). | 9 | | (B) The maximum annual authorized grade 9 through | 10 | | 12 operation and maintenance purposes rate established | 11 | | in accordance with subdivision (2) of subsection (b) of | 12 | | this Section, as may be increased thereafter in | 13 | | accordance with this subsection (d). | 14 | | (C) The maximum annual authorized grade 9 through | 15 | | 12 special education purposes rate established in | 16 | | accordance with subdivision (3) of subsection (b) of | 17 | | this Section, as may be increased thereafter in | 18 | | accordance with this subsection (d). | 19 | | (D) The maximum annual authorized transportation | 20 | | purposes rate established in accordance with | 21 | | subdivision (4) of subsection (b) of this Section, as | 22 | | may be increased thereafter in accordance with this | 23 | | subsection (d). | 24 | | (E) For all other statutorily authorized purposes, | 25 | | any rate exceeding the statutory permissive rate for | 26 | | unit districts established in accordance with |
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| 1 | | subdivision (5) of subsection (b) of this Section, as | 2 | | may be increased thereafter in accordance with this | 3 | | subsection (d).
| 4 | | (2) The school board may increase the following rates | 5 | | only after submitting a proper resolution to the voters of | 6 | | the district living in the portion of the territory | 7 | | included within the elementary and high school | 8 | | classification at any regular scheduled election and | 9 | | obtaining approval by a majority of voters living in the | 10 | | portion of the territory included within the elementary and | 11 | | high school classification voting on the proposition: | 12 | | (A) The maximum annual authorized grade K through 8 | 13 | | educational purposes rate established in accordance | 14 | | with subdivision (1) of subsection (b) of this Section, | 15 | | as may be increased thereafter in accordance with this | 16 | | subsection (d). | 17 | | (B) The maximum annual authorized grade K through 8 | 18 | | operation and maintenance purposes rate established in | 19 | | accordance with subdivision (2) of subsection (b) of | 20 | | this Section, as may be increased thereafter in | 21 | | accordance with this subsection (d). | 22 | | (C) The maximum annual authorized grade K through 8 | 23 | | special education purposes rate established in | 24 | | accordance with subdivision (3) of subsection (b) of | 25 | | this Section, as may be increased thereafter in | 26 | | accordance with this subsection (d).
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| 1 | | (e) The school board may, after submitting a proper | 2 | | resolution to the voters of the district at any regular | 3 | | scheduled election, seek to do either of the following:
| 4 | | (1) Increase or decrease the maximum authorized annual | 5 | | tax rate for grade K through 8 educational purposes with an | 6 | | equal corresponding increase or decrease of the maximum | 7 | | authorized annual tax rate for grade 9 through 12 | 8 | | educational purposes, such that there is no change in the | 9 | | total combined maximum authorized annual tax rate for both | 10 | | purposes. | 11 | | (2) Increase or decrease the maximum authorized annual | 12 | | tax rate for grade K through 8 operations and maintenance | 13 | | purposes with an equal corresponding increase or decrease | 14 | | of the maximum authorized annual tax rate for grade 9 | 15 | | through 12 operations and maintenance purposes, such that | 16 | | there is no change in the total combined maximum authorized | 17 | | annual tax rate for both purposes.
| 18 | | Any modification to maximum authorized annual tax rates | 19 | | pursuant to this subsection (e) must be approved by both a | 20 | | majority of voters living in the portion of the territory | 21 | | included within the high school only classification voting on | 22 | | the proposition and a majority of voters living in the portion | 23 | | of the territory included within the elementary and high school | 24 | | classification voting on the proposition. No maximum tax rate | 25 | | secured hereunder may exceed the maximum tax rate for a | 26 | | particular purpose specified elsewhere in statute. |
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| 1 | | (f) The school board may seek to do either of the | 2 | | following:
| 3 | | (1) Increase the maximum authorized annual tax rate for | 4 | | either grade K through 8 educational purposes or grade K | 5 | | through 8 operations and maintenance purposes with an equal | 6 | | corresponding decrease being effected to the maximum | 7 | | authorized tax rate for the other fund. | 8 | | (2) Increase the maximum authorized annual tax rate for | 9 | | either grade 9 through 12 educational purposes or grade 9 | 10 | | through 12 operations and maintenance purposes with an | 11 | | equal corresponding decrease being effected to the maximum | 12 | | authorized tax rate for the other fund.
| 13 | | A proper resolution to increase and concurrently decrease | 14 | | the maximum authorized annual tax rates for grade K through 8 | 15 | | purposes in accordance with this subsection (f) shall be | 16 | | submitted to the voters of the district residing in the | 17 | | elementary and high school classification at any regular | 18 | | scheduled election and must be approved by a majority of voters | 19 | | living in the portion of the territory included within the | 20 | | elementary and high school classification voting on the | 21 | | proposition. A proper resolution to increase and concurrently | 22 | | decrease the maximum authorized annual tax rates for grade 9 | 23 | | through 12 purposes in accordance with this subsection (f) | 24 | | shall be submitted to all of the voters of the district at any | 25 | | regular scheduled election and must be approved by a majority | 26 | | of voters voting on the proposition. No maximum tax rate |
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| 1 | | secured hereunder may exceed the maximum tax rate for a | 2 | | particular purpose specified elsewhere in statute. The terms | 3 | | and provisions of this subsection (f) shall apply instead of | 4 | | the terms and provisions of Section 17-6.1 of this Code to any | 5 | | concurrent equal increase and decrease in the maximum | 6 | | authorized rates for educational and operations and | 7 | | maintenance purposes by an optional elementary unit district.
| 8 | | (g) The school board may borrow money and issue bonds for | 9 | | elementary or high school purposes (but not grade K through 12 | 10 | | purposes) as authorized by Articles 10 and 19 and Section | 11 | | 17-2.11 of this Code and as otherwise permitted by law. All | 12 | | notices, resolutions, and ballots related to borrowing money | 13 | | and issuing bonds in accordance with this subsection (g) shall | 14 | | indicate whether the proposed action is for elementary or high | 15 | | school purposes. Taxes to pay the principal of, interest on, | 16 | | and premium, if any, on bonds issued for high school purposes | 17 | | shall be extended against the entire district, and taxes to pay | 18 | | the principal of, interest on, and premium, if any, on bonds | 19 | | issued for elementary purposes shall be extended only against | 20 | | property within the elementary and high school classification. | 21 | | The proposition to issue bonds for high school purposes must be | 22 | | submitted to and approved by a majority of voters of the | 23 | | district voting on the proposition. The proposition to issue | 24 | | bonds for elementary purposes must only be submitted to and | 25 | | approved by a majority of voters living in the portion of the | 26 | | territory included within the elementary and high school |
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| 1 | | classification voting on the proposition. Notwithstanding the | 2 | | terms and provisions of Section 19-4 of this Code, the board of | 3 | | an optional elementary unit district may not seek to designate | 4 | | any bonds issued for high school purposes as bonds issued for | 5 | | elementary purposes or designate any bonds issued for | 6 | | elementary purposes as bonds issued for high school purposes. | 7 | | Any petition filed in accordance with Section 19-9 of this Code | 8 | | requesting that the proposition to issue bonds for the payment | 9 | | of orders or claims for elementary purposes be submitted to the | 10 | | voters must be signed by 10% or more of the registered voters | 11 | | of the elementary and high school classification. If required | 12 | | pursuant to Section 19-9 of this Code, the proposition to issue | 13 | | bonds for the payment of orders or claims for elementary | 14 | | purposes must only be submitted to and approved by a majority | 15 | | of voters living in the portion of the territory included | 16 | | within the elementary and high school classification voting on | 17 | | the proposition. Taxes to pay the principal of, interest on, | 18 | | and premium, if any, on any refunding bonds issued in | 19 | | accordance with Article 19 of this Code to refund bonds, | 20 | | coupons, or other evidences of indebtedness for bonds issued by | 21 | | the optional elementary unit district for high school purposes | 22 | | or issued by a district that dissolved to form the optional | 23 | | elementary unit district shall be extended against the entire | 24 | | district. Taxes to pay the principal of, interest on, and | 25 | | premium, if any, on any refunding bonds issued in accordance | 26 | | with Article 19 of this Code to refund bonds, coupons, or other |
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| 1 | | evidences of indebtedness for bonds issued by the optional | 2 | | elementary unit district for elementary purposes shall only be | 3 | | extended against the property within the elementary and high | 4 | | school classification. | 5 | | (h) The school board may establish, maintain, or re-create | 6 | | a working cash fund for elementary or high school purposes (but | 7 | | not grade K through 12 purposes) as authorized by Article 20 of | 8 | | this Code. All notices, resolutions, and ballots related to the | 9 | | establishment of a working cash fund shall indicate whether the | 10 | | working cash fund shall be for elementary or high school | 11 | | purposes. For purposes of Section 20-2 of this Code, taxes to | 12 | | pay the principal of, interest on, and premium, if any, on | 13 | | bonds issued to create a working cash fund for high school | 14 | | purposes shall be extended against the entire district, and | 15 | | taxes to pay the principal of, interest on, and premium, if | 16 | | any, on bonds issued to create a working cash fund for | 17 | | elementary purposes shall be extended only against property | 18 | | within the elementary and high school classification. Any | 19 | | petition filed in accordance with Section 20-7 of this Code | 20 | | requesting that the proposition to issue bonds to establish a | 21 | | working cash fund for elementary purposes be submitted to the | 22 | | voters must be signed by 10% or more of the registered voters | 23 | | of the elementary and high school classification. If required | 24 | | pursuant to Section 20-7 of this Code, the proposition to issue | 25 | | bonds for a working cash fund for elementary purposes must only | 26 | | be submitted to and approved by a majority of voters living in |
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| 1 | | the portion of the territory included within the elementary and | 2 | | high school classification voting on the proposition. Upon the | 3 | | abolishment of the working cash fund for elementary purposes in | 4 | | accordance with Section 20-8 of this Code, the balance shall be | 5 | | transferred to the fund established for the receipt of proceeds | 6 | | from levies specified for grade K through 8 educational | 7 | | purposes. Upon the abolishment of the working cash fund for | 8 | | high school purposes in accordance with Section 20-8 of this | 9 | | Code, the balance shall be transferred to the fund established | 10 | | for the receipt of proceeds from levies specified for grade 9 | 11 | | through 12 educational purposes.
| 12 | | (i) The school board shall establish separate funds for the | 13 | | receipt of tax proceeds from levies specified for grade K | 14 | | through 8 purposes and grade 9 through 12 purposes in | 15 | | accordance with subdivisions (1) through (3) of subsection (b) | 16 | | of this Section and the receipt of tax and other proceeds from | 17 | | bond issuances for grade K through 8 purposes and grade 9 | 18 | | through 12 purposes in accordance with subsection (g) of this | 19 | | Section. Proceeds received from any levy or bond issuance | 20 | | specified for grade K through 8 purposes shall not be used to | 21 | | pay for any staff, equipment, materials, facilities, | 22 | | buildings, land, or services solely related to instruction in | 23 | | grades 9 through 12. Proceeds received from any levy or bond | 24 | | issuance specified for grade 9 through 12 purposes shall not be | 25 | | used to pay for any staff, equipment, materials, facilities, | 26 | | buildings, land, or services solely related to instruction in |
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| 1 | | grades K through 8. Expenses related to staff, equipment, | 2 | | materials, facilities, buildings, land, or services related to | 3 | | instruction in both grades K through 8 and grades 9 through 12 | 4 | | may be paid from proceeds received from a levy or bond issuance | 5 | | specified for either grade K through 8 purposes or grade 9 | 6 | | through 12 purposes.
| 7 | | (j) The school board of an optional elementary unit | 8 | | district may abate or abolish any fund in accordance with this | 9 | | Code, provided that no funds may be transferred from an abated | 10 | | or abolished fund specified for grade K through 8 purposes to a | 11 | | fund specified for grade 9 through 12 purposes, and no funds | 12 | | may be transferred from an abated or abolished fund specified | 13 | | for grade 9 through 12 purposes to a fund specified for grade K | 14 | | through 8 purposes.
| 15 | | (k) To the extent that the specific requirements for | 16 | | borrowing money, levying taxes, issuing bonds, establishing, | 17 | | maintaining, or re-creating a working cash fund, and | 18 | | transferring funds by an optional elementary unit district set | 19 | | forth in this Section conflicts with any general requirements | 20 | | for school districts set forth in Article 10, 17, 19, or 20 of | 21 | | this Code, the requirements set forth in this Section shall | 22 | | control over any such general requirements.
| 23 | | (Source: P.A. 94-1019, eff. 7-10-06.)
| 24 | | (105 ILCS 5/17-3) (from Ch. 122, par. 17-3)
| 25 | | Sec. 17-3. Additional levies-Submission to voters. |
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| 1 | | (a) The school board in any district having a population of | 2 | | less than
500,000 inhabitants may, by proper resolution, cause | 3 | | a proposition to
increase, for a limited period of not less | 4 | | than 3 nor more than 10 years or
for an unlimited period, the
| 5 | | annual tax rate for educational purposes to be submitted to
the | 6 | | voters of such district at a regular scheduled election as
| 7 | | follows:
| 8 | | (1) in districts maintaining grades 1 through 8, or | 9 | | grades 9 through
12, the maximum rate for educational | 10 | | purposes shall not exceed 3.5% of the
value as equalized or | 11 | | assessed by the Department of Revenue;
| 12 | | (2) in districts maintaining grades 1 through 12 the | 13 | | maximum rate
for educational purposes shall not exceed | 14 | | 7.00% 4.00% of the value as equalized or assessed by the | 15 | | Department of Revenue . except that if a single
elementary | 16 | | district and a secondary district having boundaries that | 17 | | are
coterminous form a community
unit district
on or after | 18 | | the effective date of this amendatory Act of the 94th | 19 | | General Assembly and the actual combined rate of the | 20 | | elementary district and secondary district prior to the | 21 | | formation of the community unit district is greater than | 22 | | 4.00%, then the maximum rate for educational
purposes
for | 23 | | such district shall be the following:
| 24 | | (A) For 2 years following the formation of the | 25 | | community unit district, the maximum rate shall equal | 26 | | the actual combined rate of the previous elementary |
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| 1 | | district and secondary district.
| 2 | | (B) In each subsequent year, the maximum rate shall | 3 | | be reduced by 0.10% or reduced to 4.00%, whichever | 4 | | reduction is less. The school board may, by proper | 5 | | resolution, cause a proposition to increase the | 6 | | reduced rate, not to exceed the maximum rate in clause | 7 | | (A), to be submitted to the voters of the district at a | 8 | | regular scheduled election as provided under this | 9 | | Section. Nothing in this Section shall require that the | 10 | | maximum rate for educational purpose for a district | 11 | | maintaining grades one through 12 be reduced below | 12 | | 4.00%.
| 13 | | If the resolution of the school board seeks to increase the | 14 | | annual tax rate
for educational purposes for a limited period | 15 | | of not less than 3 nor more than
10 years, the proposition | 16 | | shall
so state and shall identify the years for which the tax | 17 | | increase is sought.
| 18 | | If
a majority of the votes cast on the proposition is in | 19 | | favor
thereof at an election for which the election authorities | 20 | | have given notice
either (i) in accordance with Section 12-5 of | 21 | | the Election Code or (ii) by
publication of a true and legible | 22 | | copy of the specimen ballot label containing
the proposition in | 23 | | the form in which it appeared or will appear on the official
| 24 | | ballot label on the day of the election at least 5 days before | 25 | | the day of the
election in at least one newspaper published in | 26 | | and having a general
circulation in the district, the school |
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| 1 | | board may thereafter, until such
authority is
revoked in like | 2 | | manner, levy annually the tax so authorized; provided that if
| 3 | | the proposition as approved limits the increase in the annual | 4 | | tax rate of the
district for educational purposes to a period | 5 | | of not less than 3 nor more than
10 years, the district may,
| 6 | | unless such authority is sooner revoked in like manner, levy | 7 | | annually the tax
so authorized for the limited number of years | 8 | | approved by a majority of the
votes cast on
the proposition. | 9 | | Upon expiration of that limited period, the rate at which the
| 10 | | district may annually levy
its tax for educational purposes | 11 | | shall be the rate provided under Section 17-2,
or the rate at | 12 | | which the district last levied its tax for educational purposes
| 13 | | prior to approval of the proposition authorizing the levy of | 14 | | that tax at an
increased rate, whichever is greater.
| 15 | | The school board shall certify the proposition to the | 16 | | proper election
authorities
in accordance with the general | 17 | | election law.
| 18 | | The provisions of this Section concerning notice of the tax | 19 | | rate increase
referendum apply only to consolidated primary | 20 | | elections held prior to January
1, 2002 at which not less than
| 21 | | 55% of the voters voting on the tax rate increase proposition | 22 | | voted in favor
of the
tax rate increase proposition.
| 23 | | (b) (Blank). Beginning on the effective date of this | 24 | | amendatory Act of the 97th General Assembly, if a unit district | 25 | | is being established from an elementary district or districts | 26 | | and a high school district, pursuant to Article 11E of this |
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| 1 | | Code, and the combined rate of the elementary district or | 2 | | districts and the high school district prior to the formation | 3 | | of the unit district is greater than 4.00% for educational | 4 | | purposes, then the maximum rate for educational purposes for | 5 | | the unit district shall be the following: | 6 | | (1) For the first year following the formation of the | 7 | | new unit district, the maximum rate shall equal the lesser | 8 | | of the actual combined rate of the previous highest | 9 | | elementary district rate and the high school district rate | 10 | | or 6.40%. | 11 | | (2) For the second year after the formation of the new | 12 | | unit district, the maximum rate shall equal the lesser of | 13 | | the actual combined rate of the previous highest elementary | 14 | | district rate and the high school district rate or 5.80%. | 15 | | (3) For the third year after the formation of the new | 16 | | unit district, the maximum rate shall equal the lesser of | 17 | | the actual combined rate of the previous highest elementary | 18 | | district rate and the high school district rate or 5.20%. | 19 | | (4) For the fourth year after the formation of the new | 20 | | unit district, the maximum rate shall equal the lesser of | 21 | | the actual combined rate of the previous highest elementary | 22 | | district rate and the high school district rate or 4.60%. | 23 | | (5) For the fifth year after the formation of the new | 24 | | unit district and thereafter, the maximum rate shall be no | 25 | | greater than 4.00%. | 26 | | (Source: P.A. 97-1022, eff. 1-1-13.)
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| 1 | | (105 ILCS 5/17-5) (from Ch. 122, par. 17-5)
| 2 | | Sec. 17-5. Increase tax rates for operations and | 3 | | maintenance purposes-Maximum. | 4 | | (a) The school board in any district having a population of | 5 | | less than
500,000 inhabitants may, by proper resolution, cause | 6 | | a proposition to
increase the annual tax rate for operations | 7 | | and maintenance purposes to be
submitted to the voters of the | 8 | | district at a regular scheduled election.
The board shall | 9 | | certify the proposition to the proper election authority
for | 10 | | submission to the elector in accordance with the general | 11 | | election law.
In districts maintaining grades 1 through 8,
or | 12 | | grades 9 through 12, the maximum rate for operations and
| 13 | | maintenance purposes shall not exceed .55%; and in districts | 14 | | maintaining
grades 1 through 12, the maximum rates for | 15 | | operations and
maintenance purposes shall not exceed 1.10% | 16 | | .75%, except that if a single elementary
district and a | 17 | | secondary district having boundaries that are coterminous
on | 18 | | the effective date of this amendatory Act form a community unit | 19 | | district
as authorized under Section 11-6, the maximum rate for | 20 | | operation
and maintenance purposes for such district shall not | 21 | | exceed 1.10% of the
value as equalized or assessed by the | 22 | | Department of Revenue ; and in such
district maintaining grades | 23 | | 1 through 12, funds may, subject to the
provisions of Section | 24 | | 17-5.1 accumulate to not more than 5% of the
equalized assessed | 25 | | valuation of the district. No such accumulation shall
ever be |
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| 1 | | transferred or used for any other purpose. If a majority of the
| 2 | | votes cast on the proposition is in favor thereof, the school | 3 | | board may
thereafter, until such authority is revoked in like | 4 | | manner, levy annually a
tax as authorized.
| 5 | | (b) (Blank). Beginning on the effective date of this | 6 | | amendatory Act of the 97th General Assembly, if a unit district | 7 | | is being established from an elementary district or districts | 8 | | and a high school district, pursuant to Article 11E of this | 9 | | Code, and the combined rate of the elementary district or | 10 | | districts and the high school district prior to the formation | 11 | | of the unit district is greater than 0.75% for operations and | 12 | | maintenance purposes, then the maximum rate for operations and | 13 | | maintenance purposes for the unit district shall be the | 14 | | following: | 15 | | (1) For the first year following formation of the new | 16 | | unit district, the maximum rate shall equal the lesser of | 17 | | the actual combined rate of the previous highest elementary | 18 | | district rate and the high school district rate or 1.03%. | 19 | | (2) For the second year after formation of the new unit | 20 | | district, the maximum rate shall equal the lesser of the | 21 | | actual combined rate of the previous highest elementary | 22 | | district rate and the high school district rate or 0.96%. | 23 | | (3) For the third year after the formation of the new | 24 | | unit district, the maximum rate shall equal the lesser of | 25 | | the actual combined rate of the previous highest elementary | 26 | | district rate and the high school district rate or 0.89%. |
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| 1 | | (4) For the fourth year after the formation of the new | 2 | | unit district, the maximum rate shall equal the lesser of | 3 | | the actual combined rate of the previous highest elementary | 4 | | district rate and the high school district rate or 0.82%. | 5 | | (5) For the fifth year after the formation of the new | 6 | | unit district and thereafter, the maximum rate shall be no | 7 | | greater than 0.75%. | 8 | | (Source: P.A. 97-1022, eff. 1-1-13.)".
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