SB0626sam001 97TH GENERAL ASSEMBLY

Sen. Chris Lauzen

Filed: 4/11/2011

09700SB0626sam001 LRB097 04413 RPM 54272 a

AMENDMENT TO SENATE BILL 626

AMENDMENT NO. ______. Amend Senate Bill 626 by replacing everything after the enacting clause with the following:

"Section 5. The School Code is amended by adding Section 11E-13 and by changing Sections 17-3 and 17-5 and as follows:

(105 ILCS 5/11E-13 new)

Sec. 11E-13. One elementary school district per high school district. Notwithstanding any other provision of law to the contrary, beginning on the effective date of this amendatory Act of the 97th General Assembly, each high school district shall contain only one elementary school district, which shall have identical boundaries. Within 60 days after the effective date of this amendatory Act of the 97th General Assembly, on a date set by the State Board of Education, a special election must be held in each high school district to elect members to the school board of the newly formed elementary school district, if needed. Each member of the elementary school district's board shall be elected for a term of 4 years, except that for the initial members of the board, 3 shall be elected to serve a term that begins immediately after being elected and expires upon the initial member's successor being elected at the regular school election in April of 2013 and 4 shall be elected to serve a term that begins immediately after being elected and expires upon the initial member's successor being elected at the regular school election in April of 2015.

(105 ILCS 5/17-3) (from Ch. 122, par. 17-3)

Sec. 17-3. Additional levies-Submission to voters.

(a) The school board in any district having a population of less than 500,000 inhabitants may, by proper resolution, cause a proposition to increase, for a limited period of not less than 3 nor more than 10 years or for an unlimited period, the annual tax rate for educational purposes to be submitted to the voters of such district at a regular scheduled election as follows:

(1) in districts maintaining grades 1 through 8, or grades 9 through 12, the maximum rate for educational purposes shall not exceed 3.5% of the value as equalized or assessed by the Department of Revenue for taxes levied for 2012 or prior years, not to exceed 3.2% for taxes levied for 2013, not to exceed 2.9% for taxes levied for 2014, not to exceed 2.6% for taxes levied for 2015, not to exceed 2.3% for taxes levied for 2016, and not to exceed 2.0% for taxes levied for 2017 or thereafter;

(2) in districts maintaining grades 1 through 12 the maximum rate for educational purposes shall not exceed 4.00% of the value as equalized or assessed by the Department of Revenue except that if a single elementary district and a secondary district having boundaries that are coterminous form a community unit district on or after the effective date of this amendatory Act of the 94th General Assembly and the actual combined rate of the elementary district and secondary district prior to the formation of the community unit district is greater than 4.00%, then the maximum rate for educational purposes for such district shall be the following:

(A) For 2 years following the formation of the community unit district, the maximum rate shall equal the actual combined rate of the previous elementary district and secondary district.

(B) In each subsequent year, the maximum rate shall be reduced by 0.10% or reduced to 4.00%, whichever reduction is less. The school board may, by proper resolution, cause a proposition to increase the reduced rate, not to exceed the maximum rate in clause (A), to be submitted to the voters of the district at a regular scheduled election as provided under this Section. Nothing in this Section shall require that the maximum rate for educational purpose for a district maintaining grades one through 12 be reduced below 4.00%.

If the resolution of the school board seeks to increase the annual tax rate for educational purposes for a limited period of not less than 3 nor more than 10 years, the proposition shall so state and shall identify the years for which the tax increase is sought.

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

The school board shall certify the proposition to the proper election authorities in accordance with the general election law.

The provisions of this Section concerning notice of the tax rate increase referendum apply only to consolidated primary elections held prior to January 1, 2002 at which not less than 55% of the voters voting on the tax rate increase proposition voted in favor of the tax rate increase proposition.

(b) Beginning on the effective date of this amendatory Act of the 97th General Assembly, no elementary or high school district established pursuant to Section 11E-13 of this Code may levy taxes for educational purposes at a rate greater than 2.0% of the value as equalized or assessed by the Department of Revenue.

(Source: P.A. 94-52, eff. 6-17-05.)

(105 ILCS 5/17-5) (from Ch. 122, par. 17-5)

Sec. 17-5. Increase tax rates for operations and maintenance purposes- Maximum.

(a) The school board in any district having a population of less than 500,000 inhabitants may, by proper resolution, cause a proposition to increase the annual tax rate for operations and maintenance purposes to be submitted to the voters of the district at a regular scheduled election. The board shall certify the proposition to the proper election authority for submission to the elector in accordance with the general election law. In districts maintaining grades 1 through 8, or grades 9 through 12, the maximum rate for operations and maintenance purposes shall not exceed .55% for taxes levied for 2012 or prior years, not to exceed 0.475% for taxes levied for 2013, not to exceed 0.45% for taxes levied for 2014, not to exceed 0.425% for taxes levied for 2015, not to exceed 0.40% for taxes levied for 2016, and not to exceed 0.375% for taxes levied for 2017 or thereafter; and in districts maintaining grades 1 through 12, the maximum rates for operations and maintenance purposes shall not exceed .75%, except that if a single elementary district and a secondary district having boundaries that are coterminous on the effective date of this amendatory Act form a community unit district as authorized under Section 11-6, the maximum rate for operation and maintenance purposes for such district shall not exceed 1.10% of the value as equalized or assessed by the Department of Revenue; and in such district maintaining grades 1 through 12, funds may, subject to the provisions of Section 17-5.1 accumulate to not more than 5% of the equalized assessed valuation of the district. No such accumulation shall ever be transferred or used for any other purpose. If a majority of the votes cast on the proposition is in favor thereof, the school board may thereafter, until such authority is revoked in like manner, levy annually a tax as authorized.

(b) Beginning on the effective date of this amendatory Act of the 97th General Assembly, no elementary or high school district established pursuant to Section 11E-13 of this Code may levy taxes for operations and maintenance purposes at a rate greater than 0.375% of the value as equalized or assessed by the Department of Revenue.

(Source: P.A. 86-1334.)

Section 99. Effective date. This Act takes effect June 30, 2011.".