HB0170ham001 97TH GENERAL ASSEMBLY

Rep. Lisa M. Dugan

Filed: 3/8/2011

09700HB0170ham001 LRB097 05563 HLH 52095 a

AMENDMENT TO HOUSE BILL 170

AMENDMENT NO. ______. Amend House Bill 170 on page 4, by replacing lines 18 and 19 with "pursuant to the provisions of Section 17-2.4a of the School Code"; and

on page 7, by replacing lines 7 and 8 with "pursuant to the provisions of Section 17-2.4a of the School Code"; and

on page 9, by replacing lines 18 through 20 with "district pursuant to the provisions of Section 17-2.4a of the School Code"; and

on page 11, by replacing lines 21 through 23 with "and (m) made by a school district pursuant to the provisions of Section 17-2.4a of the School Code"; and

by replacing everything from line 8 on page 18 through line 19 on page 21 with the following:

"Section 10. The School Code is amended by adding Section 17-2.4a as follows:

(105 ILCS 5/17-2.4a new)

Sec. 17-2.4a. Tax for area vocational education programs.

(a) The school board of any district participating in a joint agreement for an area vocational education center, pursuant to Section 10-22.20a of this Code or the Intergovernmental Cooperation Act, and having a population of less than 500,000 inhabitants may, by proper resolution, levy an annual tax upon the value of the taxable property within its territory, as equalized or assessed by the Department of Revenue, for area vocational education purposes, including but not limited to the purposes authorized by Section 10-22.20a, at a rate of up to 0.04% for a period of 4 tax years following the effective date of this amendatory Act of the 97th General Assembly.

(b) Prior to the levy of taxes under this Section for the first time, the school board of each district desiring to make such a levy shall hold 2 public hearings regarding the proposed levy at the vocational education center. Notice of the public hearings shall be given by the school board by (i) posting the notice at the last regularly scheduled meeting of the school board to occur prior to the public hearing and (ii) publishing notice of the public hearing in conformity with the Notice by Publication Act. If there is no newspaper of general circulation published within the school district and the school district is located in more than one county, then notice shall be published in a newspaper of general circulation published in each county in which any part of the school district is located. The notice shall appear not more than 14 days nor less than 7 days prior to the date of the public hearing. The notice shall not be placed in the portion of the newspaper where legal notices and classified advertisements appear. The notice shall appear before each public hearing.

(c) The tax rate limit specified in subsection (a) of this Section may be increased to up to a maximum of 0.08% upon the approval of a proposition submitted at a regularly scheduled election. The proposition may be initiated by resolution and shall be certified by the secretary of the school board to the proper election authorities for submission in accordance with the general election law. If a majority of votes cast on the proposition is in favor thereof, then the school board may annually levy the tax as authorized until such authority is revoked.

(d) Any revenue raised by the tax imposed under this Section, including interest earnings thereon, shall be used only for area vocational education center purposes, including but not limited to the purposes authorized by Section 10-22.20a, as well as the construction and maintenance of area vocational center facilities. The district shall distribute the funds for area vocational center education purposes to the area vocational center within 60 days after receipt, provided that, if the receipts exceed the school districts' liabilities to the area vocational center, the district may retain such excess for application to its liability for area vocational center expenses in subsequent periods.

(e) If the school board of any district that has levied a tax authorized by this Section withdraws from the joint agreement for area vocational education purposes, that district shall no longer be authorized to levy an annual tax for area vocational education purposes. Any proceeds from the taxes authorized by this Section, including interest earnings thereon that remain in the school district treasury upon withdrawal from the area vocational center and after paying any liabilities owed such area vocational center shall be used to abate taxes in the ensuing tax cycle or cycles.

(f) Any tax imposed under this Section is in addition to all other taxes authorized by law to be levied and collected by a school board of any district participating in a joint agreement for an area vocational education center, and shall not be included within any limitation of rate contained in this Code or any other law.

(g) Subsection (a) of this Section becomes inoperative at the end of 4 tax years after the effective date of this amendatory Act of the 97th General Assembly; provided that any taxes levied prior to subsection (a) of this Section becoming inoperative shall remain valid until collected as otherwise provided by law.".