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Sen. John J. Cullerton
Filed: 8/3/2015
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1 | | AMENDMENT TO SENATE BILL 318
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2 | | AMENDMENT NO. ______. Amend Senate Bill 318 by replacing |
3 | | everything after the enacting clause with the following:
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4 | | "Section 5. The Property Tax Code is amended by changing |
5 | | Sections 18-185, 18-190, 18-205, 18-213, and 18-214 and by |
6 | | adding Section 18-242 as follows: |
7 | | (35 ILCS 200/18-185)
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8 | | Sec. 18-185. Short title; definitions. This Division 5 may |
9 | | be cited as the
Property Tax Extension Limitation Law. As used |
10 | | in this Division 5:
|
11 | | "Consumer Price Index" means the Consumer Price Index for |
12 | | All Urban
Consumers for all items published by the United |
13 | | States Department of Labor.
|
14 | | "Extension limitation" , except as otherwise provided in |
15 | | this paragraph, means (a) the lesser of 5% or the percentage |
16 | | increase
in the Consumer Price Index during the 12-month |
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1 | | calendar year preceding the
levy year or (b) the rate of |
2 | | increase approved by voters under Section 18-205.
For the 2016 |
3 | | levy year only, "extension limitation" means (i) for each |
4 | | taxing district having the majority of its 2015 equalized |
5 | | assessed value outside of Cook County, 0% or the rate of |
6 | | increase approved by the voters under Section 18-205 and (ii) |
7 | | for each taxing district having the majority of its 2015 |
8 | | equalized assessed value within Cook County, (a) the lesser of |
9 | | 5% or the percentage increase
in the Consumer Price Index |
10 | | during the 12-month calendar year preceding the
levy year or |
11 | | (b) the rate of increase approved by voters under Section |
12 | | 18-205. For the 2017 levy year only, "extension limitation" |
13 | | means 0% or the rate of increase approved by the voters under |
14 | | Section 18-205. For the 2018 levy year only, "extension |
15 | | limitation" means (i) for each taxing district having the |
16 | | majority of its 2015 equalized assessed value within Cook |
17 | | County, 0% or the rate of increase approved by the voters under |
18 | | Section 18-205 and (ii) for each taxing district having the |
19 | | majority of its 2015 equalized assessed value outside of Cook |
20 | | County, (a) the lesser of 5% or the percentage increase
in the |
21 | | Consumer Price Index during the 12-month calendar year |
22 | | preceding the
levy year or (b) the rate of increase approved by |
23 | | voters under Section 18-205.
|
24 | | "Affected county" means a county of 3,000,000 or more |
25 | | inhabitants or a
county contiguous to a county of 3,000,000 or |
26 | | more inhabitants.
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1 | | "Taxing district" has the same meaning provided in Section |
2 | | 1-150, except as
otherwise provided in this Section. For the |
3 | | 1991 through 1994 levy years only,
"taxing district" includes |
4 | | only each non-home rule taxing district having the
majority of |
5 | | its
1990 equalized assessed value within any county or counties |
6 | | contiguous to a
county with 3,000,000 or more inhabitants. |
7 | | Beginning with the 1995 levy
year and through the 2015 levy |
8 | | year, and beginning again with the 2019 levy year , "taxing |
9 | | district" includes only each non-home rule taxing district
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10 | | subject to this Law before the 1995 levy year and each non-home |
11 | | rule
taxing district not subject to this Law before the 1995 |
12 | | levy year having the
majority of its 1994 equalized assessed |
13 | | value in an affected county or
counties. Beginning with the |
14 | | levy year in
which this Law becomes applicable to a taxing |
15 | | district as
provided in Section 18-213, "taxing district" also |
16 | | includes those taxing
districts made subject to this Law as |
17 | | provided in Section 18-213.
For the 2016 levy year, "taxing |
18 | | district" includes only: (1) each taxing district that (A) has |
19 | | the
majority of its
2015 equalized assessed value within Cook |
20 | | County and (B) was subject to this Law in the 2015 levy year, |
21 | | and (2) each taxing district, as defined in Section 1-150, that |
22 | | has the
majority of its 2015 equalized assessed value outside |
23 | | of Cook County, including home rule units having the
majority |
24 | | of their 2015 equalized assessed value outside of Cook County. |
25 | | For the 2017 levy year, "taxing district" has the same meaning |
26 | | provided in Section 1-150, and includes home rule units. For |
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1 | | the 2018 levy year, "taxing district" includes only: (1) each |
2 | | taxing district
subject to this Law during the 2015 levy year, |
3 | | (2) each home rule and non-home rule taxing district that has |
4 | | the
majority of its
2015 equalized assessed value within Cook |
5 | | County, and (3) those taxing
districts made subject to this Law |
6 | | as provided in Section 18-213.
|
7 | | "Aggregate extension" for taxing districts to which this |
8 | | Law applied before
the 1995 levy year means the annual |
9 | | corporate extension for the taxing
district and those special |
10 | | purpose extensions that are made annually for
the taxing |
11 | | district, excluding special purpose extensions: (a) made for |
12 | | the
taxing district to pay interest or principal on general |
13 | | obligation bonds
that were approved by referendum; (b) made for |
14 | | any taxing district to pay
interest or principal on general |
15 | | obligation bonds issued before October 1,
1991; (c) made for |
16 | | any taxing district to pay interest or principal on bonds
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17 | | issued to refund or continue to refund those bonds issued |
18 | | before October 1,
1991; (d)
made for any taxing district to pay |
19 | | interest or principal on bonds
issued to refund or continue to |
20 | | refund bonds issued after October 1, 1991 that
were approved by |
21 | | referendum; (e)
made for any taxing district to pay interest
or |
22 | | principal on revenue bonds issued before October 1, 1991 for |
23 | | payment of
which a property tax levy or the full faith and |
24 | | credit of the unit of local
government is pledged; however, a |
25 | | tax for the payment of interest or principal
on those bonds |
26 | | shall be made only after the governing body of the unit of |
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1 | | local
government finds that all other sources for payment are |
2 | | insufficient to make
those payments; (f) made for payments |
3 | | under a building commission lease when
the lease payments are |
4 | | for the retirement of bonds issued by the commission
before |
5 | | October 1, 1991, to pay for the building project; (g) made for |
6 | | payments
due under installment contracts entered into before |
7 | | October 1, 1991;
(h) made for payments of principal and |
8 | | interest on bonds issued under the
Metropolitan Water |
9 | | Reclamation District Act to finance construction projects
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10 | | initiated before October 1, 1991; (i) made for payments of |
11 | | principal and
interest on limited bonds, as defined in Section |
12 | | 3 of the Local Government Debt
Reform Act, in an amount not to |
13 | | exceed the debt service extension base less
the amount in items |
14 | | (b), (c), (e), and (h) of this definition for
non-referendum |
15 | | obligations, except obligations initially issued pursuant to
|
16 | | referendum; (j) made for payments of principal and interest on |
17 | | bonds
issued under Section 15 of the Local Government Debt |
18 | | Reform Act; (k)
made
by a school district that participates in |
19 | | the Special Education District of
Lake County, created by |
20 | | special education joint agreement under Section
10-22.31 of the |
21 | | School Code, for payment of the school district's share of the
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22 | | amounts required to be contributed by the Special Education |
23 | | District of Lake
County to the Illinois Municipal Retirement |
24 | | Fund under Article 7 of the
Illinois Pension Code; the amount |
25 | | of any extension under this item (k) shall be
certified by the |
26 | | school district to the county clerk; (l) made to fund
expenses |
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1 | | of providing joint recreational programs for the handicapped |
2 | | under
Section 5-8 of
the
Park District Code or Section 11-95-14 |
3 | | of the Illinois Municipal Code; (m) made for temporary |
4 | | relocation loan repayment purposes pursuant to Sections 2-3.77 |
5 | | and 17-2.2d of the School Code; (n) made for payment of |
6 | | principal and interest on any bonds issued under the authority |
7 | | of Section 17-2.2d of the School Code; (o) made for |
8 | | contributions to a firefighter's pension fund created under |
9 | | Article 4 of the Illinois Pension Code, to the extent of the |
10 | | amount certified under item (5) of Section 4-134 of the |
11 | | Illinois Pension Code; and (p) made for road purposes in the |
12 | | first year after a township assumes the rights, powers, duties, |
13 | | assets, property, liabilities, obligations, and
|
14 | | responsibilities of a road district abolished under the |
15 | | provisions of Section 6-133 of the Illinois Highway Code ; and |
16 | | (q) for the 2016 and 2017 levy years, made for public safety |
17 | | purposes .
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18 | | "Aggregate extension" for the taxing districts to which |
19 | | this Law did not
apply before the 1995 levy year (except taxing |
20 | | districts subject to this Law
in
accordance with Section 18-213 |
21 | | or this amendatory Act of the 99th General Assembly ) means the |
22 | | annual corporate extension for the
taxing district and those |
23 | | special purpose extensions that are made annually for
the |
24 | | taxing district, excluding special purpose extensions: (a) |
25 | | made for the
taxing district to pay interest or principal on |
26 | | general obligation bonds that
were approved by referendum; (b) |
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1 | | made for any taxing district to pay interest
or principal on |
2 | | general obligation bonds issued before March 1, 1995; (c) made
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3 | | for any taxing district to pay interest or principal on bonds |
4 | | issued to refund
or continue to refund those bonds issued |
5 | | before March 1, 1995; (d) made for any
taxing district to pay |
6 | | interest or principal on bonds issued to refund or
continue to |
7 | | refund bonds issued after March 1, 1995 that were approved by
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8 | | referendum; (e) made for any taxing district to pay interest or |
9 | | principal on
revenue bonds issued before March 1, 1995 for |
10 | | payment of which a property tax
levy or the full faith and |
11 | | credit of the unit of local government is pledged;
however, a |
12 | | tax for the payment of interest or principal on those bonds |
13 | | shall be
made only after the governing body of the unit of |
14 | | local government finds that
all other sources for payment are |
15 | | insufficient to make those payments; (f) made
for payments |
16 | | under a building commission lease when the lease payments are |
17 | | for
the retirement of bonds issued by the commission before |
18 | | March 1, 1995 to
pay for the building project; (g) made for |
19 | | payments due under installment
contracts entered into before |
20 | | March 1, 1995; (h) made for payments of
principal and interest |
21 | | on bonds issued under the Metropolitan Water Reclamation
|
22 | | District Act to finance construction projects initiated before |
23 | | October 1,
1991; (h-4) made for stormwater management purposes |
24 | | by the Metropolitan Water Reclamation District of Greater |
25 | | Chicago under Section 12 of the Metropolitan Water Reclamation |
26 | | District Act; (i) made for payments of principal and interest |
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1 | | on limited bonds,
as defined in Section 3 of the Local |
2 | | Government Debt Reform Act, in an amount
not to exceed the debt |
3 | | service extension base less the amount in items (b),
(c), and |
4 | | (e) of this definition for non-referendum obligations, except
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5 | | obligations initially issued pursuant to referendum and bonds |
6 | | described in
subsection (h) of this definition; (j) made for |
7 | | payments of
principal and interest on bonds issued under |
8 | | Section 15 of the Local Government
Debt Reform Act; (k) made |
9 | | for payments of principal and interest on bonds
authorized by |
10 | | Public Act 88-503 and issued under Section 20a of the Chicago
|
11 | | Park District Act for aquarium or
museum projects; (l) made for |
12 | | payments of principal and interest on
bonds
authorized by |
13 | | Public Act 87-1191 or 93-601 and (i) issued pursuant to Section |
14 | | 21.2 of the Cook County Forest
Preserve District Act, (ii) |
15 | | issued under Section 42 of the Cook County
Forest Preserve |
16 | | District Act for zoological park projects, or (iii) issued
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17 | | under Section 44.1 of the Cook County Forest Preserve District |
18 | | Act for
botanical gardens projects; (m) made
pursuant
to |
19 | | Section 34-53.5 of the School Code, whether levied annually or |
20 | | not;
(n) made to fund expenses of providing joint recreational |
21 | | programs for the
handicapped under Section 5-8 of the Park
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22 | | District Code or Section 11-95-14 of the Illinois Municipal |
23 | | Code;
(o) made by the
Chicago Park
District for recreational |
24 | | programs for the handicapped under subsection (c) of
Section
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25 | | 7.06 of the Chicago Park District Act; (p) made for |
26 | | contributions to a firefighter's pension fund created under |
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1 | | Article 4 of the Illinois Pension Code, to the extent of the |
2 | | amount certified under item (5) of Section 4-134 of the |
3 | | Illinois Pension Code; and (q) made by Ford Heights School |
4 | | District 169 under Section 17-9.02 of the School Code ; and (r) |
5 | | for the 2017 and 2018 levy years, made for public safety |
6 | | purposes .
|
7 | | "Aggregate extension" for all taxing districts to which |
8 | | this Law applies in
accordance with Section 18-213, except for |
9 | | those taxing districts subject to
paragraph (2) of subsection |
10 | | (e) of Section 18-213, means the annual corporate
extension for |
11 | | the
taxing district and those special purpose extensions that |
12 | | are made annually for
the taxing district, excluding special |
13 | | purpose extensions: (a) made for the
taxing district to pay |
14 | | interest or principal on general obligation bonds that
were |
15 | | approved by referendum; (b) made for any taxing district to pay |
16 | | interest
or principal on general obligation bonds issued before |
17 | | the date on which the
referendum making this
Law applicable to |
18 | | the taxing district is held; (c) made
for any taxing district |
19 | | to pay interest or principal on bonds issued to refund
or |
20 | | continue to refund those bonds issued before the date on which |
21 | | the
referendum making this Law
applicable to the taxing |
22 | | district is held;
(d) made for any
taxing district to pay |
23 | | interest or principal on bonds issued to refund or
continue to |
24 | | refund bonds issued after the date on which the referendum |
25 | | making
this Law
applicable to the taxing district is held if |
26 | | the bonds were approved by
referendum after the date on which |
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1 | | the referendum making this Law
applicable to the taxing |
2 | | district is held; (e) made for any
taxing district to pay |
3 | | interest or principal on
revenue bonds issued before the date |
4 | | on which the referendum making this Law
applicable to the
|
5 | | taxing district is held for payment of which a property tax
|
6 | | levy or the full faith and credit of the unit of local |
7 | | government is pledged;
however, a tax for the payment of |
8 | | interest or principal on those bonds shall be
made only after |
9 | | the governing body of the unit of local government finds that
|
10 | | all other sources for payment are insufficient to make those |
11 | | payments; (f) made
for payments under a building commission |
12 | | lease when the lease payments are for
the retirement of bonds |
13 | | issued by the commission before the date on which the
|
14 | | referendum making this
Law applicable to the taxing district is |
15 | | held to
pay for the building project; (g) made for payments due |
16 | | under installment
contracts entered into before the date on |
17 | | which the referendum making this Law
applicable to
the taxing |
18 | | district is held;
(h) made for payments
of principal and |
19 | | interest on limited bonds,
as defined in Section 3 of the Local |
20 | | Government Debt Reform Act, in an amount
not to exceed the debt |
21 | | service extension base less the amount in items (b),
(c), and |
22 | | (e) of this definition for non-referendum obligations, except
|
23 | | obligations initially issued pursuant to referendum; (i) made |
24 | | for payments
of
principal and interest on bonds issued under |
25 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made |
26 | | for a qualified airport authority to pay interest or principal |
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1 | | on
general obligation bonds issued for the purpose of paying |
2 | | obligations due
under, or financing airport facilities |
3 | | required to be acquired, constructed,
installed or equipped |
4 | | pursuant to, contracts entered into before March
1, 1996 (but |
5 | | not including any amendments to such a contract taking effect |
6 | | on
or after that date); (k) made to fund expenses of providing |
7 | | joint
recreational programs for the handicapped under Section |
8 | | 5-8 of
the
Park District Code or Section 11-95-14 of the |
9 | | Illinois Municipal Code; (l) made for contributions to a |
10 | | firefighter's pension fund created under Article 4 of the |
11 | | Illinois Pension Code, to the extent of the amount certified |
12 | | under item (5) of Section 4-134 of the Illinois Pension Code; |
13 | | and (m) made for the taxing district to pay interest or |
14 | | principal on general obligation bonds issued pursuant to |
15 | | Section 19-3.10 of the School Code ; and (n) for the 2016 and |
16 | | 2017 levy years, made for public safety purposes .
|
17 | | "Aggregate extension" for all taxing districts to which |
18 | | this Law applies in
accordance with paragraph (2) of subsection |
19 | | (e) of Section 18-213 means the
annual corporate extension for |
20 | | the
taxing district and those special purpose extensions that |
21 | | are made annually for
the taxing district, excluding special |
22 | | purpose extensions: (a) made for the
taxing district to pay |
23 | | interest or principal on general obligation bonds that
were |
24 | | approved by referendum; (b) made for any taxing district to pay |
25 | | interest
or principal on general obligation bonds issued before |
26 | | the effective date of
this amendatory Act of 1997;
(c) made
for |
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1 | | any taxing district to pay interest or principal on bonds |
2 | | issued to refund
or continue to refund those bonds issued |
3 | | before the effective date
of this amendatory Act of 1997;
(d) |
4 | | made for any
taxing district to pay interest or principal on |
5 | | bonds issued to refund or
continue to refund bonds issued after |
6 | | the effective date of this amendatory Act
of 1997 if the bonds |
7 | | were approved by referendum after the effective date of
this |
8 | | amendatory Act of 1997;
(e) made for any
taxing district to pay |
9 | | interest or principal on
revenue bonds issued before the |
10 | | effective date of this amendatory Act of 1997
for payment of |
11 | | which a property tax
levy or the full faith and credit of the |
12 | | unit of local government is pledged;
however, a tax for the |
13 | | payment of interest or principal on those bonds shall be
made |
14 | | only after the governing body of the unit of local government |
15 | | finds that
all other sources for payment are insufficient to |
16 | | make those payments; (f) made
for payments under a building |
17 | | commission lease when the lease payments are for
the retirement |
18 | | of bonds issued by the commission before the effective date
of |
19 | | this amendatory Act of 1997
to
pay for the building project; |
20 | | (g) made for payments due under installment
contracts entered |
21 | | into before the effective date of this amendatory Act of
1997;
|
22 | | (h) made for payments
of principal and interest on limited |
23 | | bonds,
as defined in Section 3 of the Local Government Debt |
24 | | Reform Act, in an amount
not to exceed the debt service |
25 | | extension base less the amount in items (b),
(c), and (e) of |
26 | | this definition for non-referendum obligations, except
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1 | | obligations initially issued pursuant to referendum; (i) made |
2 | | for payments
of
principal and interest on bonds issued under |
3 | | Section 15 of the Local Government
Debt Reform Act;
(j)
made |
4 | | for a qualified airport authority to pay interest or principal |
5 | | on
general obligation bonds issued for the purpose of paying |
6 | | obligations due
under, or financing airport facilities |
7 | | required to be acquired, constructed,
installed or equipped |
8 | | pursuant to, contracts entered into before March
1, 1996 (but |
9 | | not including any amendments to such a contract taking effect |
10 | | on
or after that date); (k) made to fund expenses of providing |
11 | | joint
recreational programs for the handicapped under Section |
12 | | 5-8 of
the
Park District Code or Section 11-95-14 of the |
13 | | Illinois Municipal Code; and (l) made for contributions to a |
14 | | firefighter's pension fund created under Article 4 of the |
15 | | Illinois Pension Code, to the extent of the amount certified |
16 | | under item (5) of Section 4-134 of the Illinois Pension Code ; |
17 | | and (n) for the 2016 and 2017 levy years, made for public |
18 | | safety purposes .
|
19 | | "Aggregate extension", for all taxing districts to which |
20 | | this Law did not apply before the 2016 levy year (other than |
21 | | taxing districts having a majority of their 2015 equalized |
22 | | assessed value within Cook County) for levy years 2016 and |
23 | | 2017, and for taxing districts having a majority of their 2015 |
24 | | equalized assessed value within Cook County for levy years 2017 |
25 | | and 2018, means the annual corporate extension for the taxing |
26 | | district and those special purpose extensions that are made |
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1 | | annually for the taxing district, excluding special purpose |
2 | | extensions: (a) made for the taxing district to pay interest or |
3 | | principal on general obligation bonds that were approved by |
4 | | referendum; (b) made for any taxing district to pay interest or |
5 | | principal on general obligation bonds issued before March 1, |
6 | | 2016; (c) made for any taxing district to pay interest or |
7 | | principal on bonds issued to refund or continue to refund those |
8 | | bonds issued before March 1, 2016; (d) made for any taxing |
9 | | district to pay interest or principal on bonds issued to refund |
10 | | or continue to refund bonds issued after February 28, 2016 that |
11 | | were approved by referendum; (e) made for any taxing district |
12 | | to pay interest or principal on revenue bonds issued before |
13 | | March 1, 2016 for payment of which a property tax levy or the |
14 | | full faith and credit of the unit of local government is |
15 | | pledged; however, a tax for the payment of interest or |
16 | | principal on those bonds shall be made only after the governing |
17 | | body of the unit of local government finds that all other |
18 | | sources for payment are insufficient to make those payments; |
19 | | (f) made for payments under a building commission lease when |
20 | | the lease payments are for the retirement of bonds issued by |
21 | | the commission before March 1, 2016 to pay for the building |
22 | | project; (g) made for payments due under installment contracts |
23 | | entered into before March 1, 2016; (h) made for payments of |
24 | | principal and interest on limited bonds, as defined in Section |
25 | | 3 of the Local Government Debt Reform Act, in an amount not to |
26 | | exceed the debt service extension base less the amount in items |
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1 | | (b), (c), and (e) of this definition for non-referendum |
2 | | obligations, except obligations initially issued pursuant to |
3 | | referendum; (i) made for payments of principal and interest on |
4 | | bonds issued under Section 15 of the Local Government Debt |
5 | | Reform Act; (j) made to fund expenses of providing joint |
6 | | recreational programs for the handicapped under Section 5-8 of |
7 | | the Park District Code or Section 11-95-14 of the Illinois |
8 | | Municipal Code; (k) made for temporary relocation loan |
9 | | repayment purposes pursuant to Sections 2-3.77 and 17-2.2d of |
10 | | the School Code; (l) made for payment of principal and interest |
11 | | on any bonds issued under the authority of Section 17-2.2d of |
12 | | the School Code; (m) made for contributions to a firefighter's |
13 | | pension fund created under Article 4 of the Illinois Pension |
14 | | Code, to the extent of the amount certified under item (5) of |
15 | | Section 4-134 of the Illinois Pension Code; and (n) made for |
16 | | public safety purposes. |
17 | | "Made for public safety purposes", includes, but is not |
18 | | limited to, special purpose extensions made under any of the |
19 | | following Sections: Section 3-125 or 4-118 of the Illinois |
20 | | Pension Code; Section 11-1-3, 11-1-5.1, 11-7-1, or 11-7-3 of |
21 | | the Illinois Municipal Code; Section 30-160, 30-165, 200-10, or |
22 | | 200-12 of the Township Code; Section 13, 14, 22, 23, or 24 of |
23 | | the Fire Protection District Act; Section 5-9 of the Park |
24 | | District Code; or Section 11 of the Rescue Squad Districts Act. |
25 | | "Debt service extension base" means an amount equal to that |
26 | | portion of the
extension for a taxing district for the 1994 |
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1 | | levy year, or for those taxing
districts subject to this Law in |
2 | | accordance with Section 18-213, except for
those subject to |
3 | | paragraph (2) of subsection (e) of Section 18-213, for the
levy
|
4 | | year in which the referendum making this Law applicable to the |
5 | | taxing district
is held, or for those taxing districts subject |
6 | | to this Law in accordance with
paragraph (2) of subsection (e) |
7 | | of Section 18-213 for the 1996 levy year,
or for those taxing
|
8 | | districts that become subject to this Law as a result of this |
9 | | amendatory Act of the 99th General Assembly for the levy year |
10 | | in which the taxing district first becomes subject to this Law, |
11 | | constituting an
extension for payment of principal and interest |
12 | | on bonds issued by the taxing
district without referendum, but |
13 | | not including excluded non-referendum bonds. For park |
14 | | districts (i) that were first
subject to this Law in 1991 or |
15 | | 1995 and (ii) whose extension for the 1994 levy
year for the |
16 | | payment of principal and interest on bonds issued by the park
|
17 | | district without referendum (but not including excluded |
18 | | non-referendum bonds)
was less than 51% of the amount for the |
19 | | 1991 levy year constituting an
extension for payment of |
20 | | principal and interest on bonds issued by the park
district |
21 | | without referendum (but not including excluded non-referendum |
22 | | bonds),
"debt service extension base" means an amount equal to |
23 | | that portion of the
extension for the 1991 levy year |
24 | | constituting an extension for payment of
principal and interest |
25 | | on bonds issued by the park district without referendum
(but |
26 | | not including excluded non-referendum bonds). A debt service |
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1 | | extension base established or increased at any time pursuant to |
2 | | any provision of this Law, except Section 18-212, shall be |
3 | | increased each year commencing with the later of (i) the 2009 |
4 | | levy year or (ii) the first levy year in which this Law becomes |
5 | | applicable to the taxing district, by the lesser of 5% or the |
6 | | percentage increase in the Consumer Price Index during the |
7 | | 12-month calendar year preceding the levy year. The debt |
8 | | service extension
base may be established or increased as |
9 | | provided under Section 18-212.
"Excluded non-referendum bonds" |
10 | | means (i) bonds authorized by Public
Act 88-503 and issued |
11 | | under Section 20a of the Chicago Park District Act for
aquarium |
12 | | and museum projects; (ii) bonds issued under Section 15 of the
|
13 | | Local Government Debt Reform Act; or (iii) refunding |
14 | | obligations issued
to refund or to continue to refund |
15 | | obligations initially issued pursuant to
referendum.
|
16 | | "Special purpose extensions" include, but are not limited |
17 | | to, extensions
for levies made on an annual basis for |
18 | | unemployment and workers'
compensation, self-insurance, |
19 | | contributions to pension plans, and extensions
made pursuant to |
20 | | Section 6-601 of the Illinois Highway Code for a road
|
21 | | district's permanent road fund whether levied annually or not. |
22 | | The
extension for a special service area is not included in the
|
23 | | aggregate extension.
|
24 | | "Aggregate extension base" means the taxing district's |
25 | | last preceding
aggregate extension as adjusted under Sections |
26 | | 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 |
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1 | | shall be made for the 2007 levy year and all subsequent levy |
2 | | years whenever one or more counties within which a taxing |
3 | | district is located (i) used estimated valuations or rates when |
4 | | extending taxes in the taxing district for the last preceding |
5 | | levy year that resulted in the over or under extension of |
6 | | taxes, or (ii) increased or decreased the tax extension for the |
7 | | last preceding levy year as required by Section 18-135(c). |
8 | | Whenever an adjustment is required under Section 18-135, the |
9 | | aggregate extension base of the taxing district shall be equal |
10 | | to the amount that the aggregate extension of the taxing |
11 | | district would have been for the last preceding levy year if |
12 | | either or both (i) actual, rather than estimated, valuations or |
13 | | rates had been used to calculate the extension of taxes for the |
14 | | last levy year, or (ii) the tax extension for the last |
15 | | preceding levy year had not been adjusted as required by |
16 | | subsection (c) of Section 18-135.
|
17 | | Notwithstanding any other provision of law, for levy year |
18 | | 2012, the aggregate extension base for West Northfield School |
19 | | District No. 31 in Cook County shall be $12,654,592. |
20 | | "Levy year" has the same meaning as "year" under Section
|
21 | | 1-155.
|
22 | | "New property" means (i) the assessed value, after final |
23 | | board of review or
board of appeals action, of new improvements |
24 | | or additions to existing
improvements on any parcel of real |
25 | | property that increase the assessed value of
that real property |
26 | | during the levy year multiplied by the equalization factor
|
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1 | | issued by the Department under Section 17-30, (ii) the assessed |
2 | | value, after
final board of review or board of appeals action, |
3 | | of real property not exempt
from real estate taxation, which |
4 | | real property was exempt from real estate
taxation for any |
5 | | portion of the immediately preceding levy year, multiplied by
|
6 | | the equalization factor issued by the Department under Section |
7 | | 17-30, including the assessed value, upon final stabilization |
8 | | of occupancy after new construction is complete, of any real |
9 | | property located within the boundaries of an otherwise or |
10 | | previously exempt military reservation that is intended for |
11 | | residential use and owned by or leased to a private corporation |
12 | | or other entity,
(iii) in counties that classify in accordance |
13 | | with Section 4 of Article
IX of the
Illinois Constitution, an |
14 | | incentive property's additional assessed value
resulting from |
15 | | a
scheduled increase in the level of assessment as applied to |
16 | | the first year
final board of
review market value, and (iv) any |
17 | | increase in assessed value due to oil or gas production from an |
18 | | oil or gas well required to be permitted under the Hydraulic |
19 | | Fracturing Regulatory Act that was not produced in or accounted |
20 | | for during the previous levy year.
In addition, the county |
21 | | clerk in a county containing a population of
3,000,000 or more |
22 | | shall include in the 1997
recovered tax increment value for any |
23 | | school district, any recovered tax
increment value that was |
24 | | applicable to the 1995 tax year calculations.
|
25 | | "Qualified airport authority" means an airport authority |
26 | | organized under
the Airport Authorities Act and located in a |
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1 | | county bordering on the State of
Wisconsin and having a |
2 | | population in excess of 200,000 and not greater than
500,000.
|
3 | | "Recovered tax increment value" means, except as otherwise |
4 | | provided in this
paragraph, the amount of the current year's |
5 | | equalized assessed value, in the
first year after a |
6 | | municipality terminates
the designation of an area as a |
7 | | redevelopment project area previously
established under the |
8 | | Tax Increment Allocation Development Act in the Illinois
|
9 | | Municipal Code, previously established under the Industrial |
10 | | Jobs Recovery Law
in the Illinois Municipal Code, previously |
11 | | established under the Economic Development Project Area Tax |
12 | | Increment Act of 1995, or previously established under the |
13 | | Economic
Development Area Tax Increment Allocation Act, of each |
14 | | taxable lot, block,
tract, or parcel of real property in the |
15 | | redevelopment project area over and
above the initial equalized |
16 | | assessed value of each property in the
redevelopment project |
17 | | area.
For the taxes which are extended for the 1997 levy year, |
18 | | the recovered tax
increment value for a non-home rule taxing |
19 | | district that first became subject
to this Law for the 1995 |
20 | | levy year because a majority of its 1994 equalized
assessed |
21 | | value was in an affected county or counties shall be increased |
22 | | if a
municipality terminated the designation of an area in 1993 |
23 | | as a redevelopment
project area previously established under |
24 | | the Tax Increment Allocation
Development Act in the Illinois |
25 | | Municipal Code, previously established under
the Industrial |
26 | | Jobs Recovery Law in the Illinois Municipal Code, or previously
|
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1 | | established under the Economic Development Area Tax Increment |
2 | | Allocation Act,
by an amount equal to the 1994 equalized |
3 | | assessed value of each taxable lot,
block, tract, or parcel of |
4 | | real property in the redevelopment project area over
and above |
5 | | the initial equalized assessed value of each property in the
|
6 | | redevelopment project area.
In the first year after a |
7 | | municipality
removes a taxable lot, block, tract, or parcel of |
8 | | real property from a
redevelopment project area established |
9 | | under the Tax Increment Allocation
Development Act in the |
10 | | Illinois
Municipal Code, the Industrial Jobs Recovery Law
in |
11 | | the Illinois Municipal Code, or the Economic
Development Area |
12 | | Tax Increment Allocation Act, "recovered tax increment value"
|
13 | | means the amount of the current year's equalized assessed value |
14 | | of each taxable
lot, block, tract, or parcel of real property |
15 | | removed from the redevelopment
project area over and above the |
16 | | initial equalized assessed value of that real
property before |
17 | | removal from the redevelopment project area.
|
18 | | Except as otherwise provided in this Section, "limiting |
19 | | rate" means a
fraction the numerator of which is the last
|
20 | | preceding aggregate extension base times an amount equal to one |
21 | | plus the
extension limitation defined in this Section and the |
22 | | denominator of which
is the current year's equalized assessed |
23 | | value of all real property in the
territory under the |
24 | | jurisdiction of the taxing district during the prior
levy year. |
25 | | For those taxing districts that reduced their aggregate
|
26 | | extension for the last preceding levy year, the highest |
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1 | | aggregate extension
in any of the last 3 preceding levy years |
2 | | shall be used for the purpose of
computing the limiting rate. |
3 | | The denominator shall not include new
property or the recovered |
4 | | tax increment
value.
If a new rate, a rate decrease, or a |
5 | | limiting rate increase has been approved at an election held |
6 | | after March 21, 2006, then (i) the otherwise applicable |
7 | | limiting rate shall be increased by the amount of the new rate |
8 | | or shall be reduced by the amount of the rate decrease, as the |
9 | | case may be, or (ii) in the case of a limiting rate increase, |
10 | | the limiting rate shall be equal to the rate set forth
in the |
11 | | proposition approved by the voters for each of the years |
12 | | specified in the proposition, after
which the limiting rate of |
13 | | the taxing district shall be calculated as otherwise provided. |
14 | | In the case of a taxing district that obtained referendum |
15 | | approval for an increased limiting rate on March 20, 2012, the |
16 | | limiting rate for tax year 2012 shall be the rate that |
17 | | generates the approximate total amount of taxes extendable for |
18 | | that tax year, as set forth in the proposition approved by the |
19 | | voters; this rate shall be the final rate applied by the county |
20 | | clerk for the aggregate of all capped funds of the district for |
21 | | tax year 2012.
|
22 | | Notwithstanding any other provision of law, for taxing |
23 | | districts that were subject to this Law during the 2015 levy |
24 | | year, for the 2016 and 2017 levy years, the county clerk shall |
25 | | calculate a separate limiting rate for the aggregate of all |
26 | | special purpose extensions made by the taxing district for |
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1 | | public safety purposes, recognizing an extension limitation of |
2 | | (a) the lesser of 5% or the percentage increase
in the Consumer |
3 | | Price Index during the 12-month calendar year preceding the
|
4 | | levy year or (b) the rate of increase approved by voters under |
5 | | Section 18-205. |
6 | | (Source: P.A. 97-611, eff. 1-1-12; 97-1154, eff. 1-25-13; 98-6, |
7 | | eff. 3-29-13; 98-23, eff. 6-17-13.)
|
8 | | (35 ILCS 200/18-205)
|
9 | | Sec. 18-205. Referendum to increase the extension |
10 | | limitation. |
11 | | (a) A taxing
district is limited to an extension limitation |
12 | | as defined in Section 18-185 of 5% or the percentage increase
|
13 | | in the Consumer Price Index during the 12-month calendar year |
14 | | preceding the
levy year, whichever is less . A taxing district |
15 | | may increase its extension
limitation for one or more levy |
16 | | years if that taxing district holds a referendum
before the |
17 | | levy date for the first levy year at which a majority of voters |
18 | | voting on the issue approves
adoption of a higher extension |
19 | | limitation. Referenda shall be conducted at a
regularly |
20 | | scheduled election in accordance with the Election Code. |
21 | | (b) The question shall be presented in
substantially the |
22 | | following manner for all elections held after March 21, 2006 :
|
23 | | Shall the extension limitation under the Property Tax |
24 | | Extension Limitation Law for (insert the legal name, |
25 | | number, if any, and county or counties of the taxing |
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1 | | district and geographic or other common name by which a |
2 | | school or community college district is known and referred |
3 | | to), Illinois, be increased from (applicable extension |
4 | | limitation set forth in Section 18-185) the lesser of 5% or |
5 | | the percentage increase in the Consumer Price Index over |
6 | | the prior levy year to (insert the percentage of the |
7 | | proposed increase)% per year for (insert each levy year for |
8 | | which the increased extension limitation will apply)? |
9 | | (c) The votes must be recorded as "Yes" or "No".
|
10 | | If a majority of voters voting on the issue approves the |
11 | | adoption of
the increase, the increase shall be applicable for |
12 | | each
levy year specified.
|
13 | | The ballot for any question submitted pursuant to this |
14 | | Section shall have printed thereon, but not as a part of the |
15 | | question submitted, only the following supplemental |
16 | | information (which shall be supplied to the election authority |
17 | | by the taxing district) in substantially the following form: |
18 | | (1) For the (insert the first levy year for which the |
19 | | increased extension
limitation will be applicable) levy |
20 | | year the approximate amount of the additional tax
|
21 | | extendable against property containing a single family |
22 | | residence and having a fair market
value at the time of the |
23 | | referendum of $100,000 is estimated to be $.... |
24 | | (2) Based upon an average annual percentage increase |
25 | | (or decrease) in the
market value of such property of ...% |
26 | | (insert percentage equal to the average
annual percentage |
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1 | | increase or decrease for the prior 3 levy years, at the |
2 | | time the
submission of the question is initiated by the |
3 | | taxing district, in the amount of (A) the
equalized |
4 | | assessed value of the taxable property in the taxing |
5 | | district less (B) the new
property included in the |
6 | | equalized assessed value), the approximate amount of the
|
7 | | additional tax extendable against such property for the ... |
8 | | levy year is estimated to be
$... and for the ... levy year |
9 | | is estimated to be $.... |
10 | | Paragraph (2) shall be included only if the increased |
11 | | extension limitation will be applicable for more than one year |
12 | | and shall list each levy year for which the increased extension |
13 | | limitation will be applicable. The additional tax shown for |
14 | | each levy year shall be the approximate dollar amount of the |
15 | | increase over the amount of the most recently completed |
16 | | extension at the time the submission of the question is |
17 | | initiated by the taxing district. The approximate amount of the |
18 | | additional tax extendable shown in paragraphs (1) and (2) shall |
19 | | be calculated by multiplying $100,000 (the fair market value of |
20 | | the property without regard to any property tax exemptions) by |
21 | | (i) the percentage level of assessment prescribed for that |
22 | | property by statute, or by ordinance of the county board in |
23 | | counties that classify property for purposes of taxation in |
24 | | accordance with Section 4 of Article IX of the Illinois |
25 | | Constitution; (ii) the most recent final equalization factor |
26 | | certified to the county clerk by the Department of Revenue at |
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1 | | the time the taxing district initiates the submission of the |
2 | | proposition to the electors; (iii) the last known aggregate |
3 | | extension base of the taxing district at the time the |
4 | | submission of the question is initiated by the taxing district; |
5 | | and (iv) the difference between the percentage increase |
6 | | proposed in the question and the otherwise applicable extension |
7 | | limitation under Section 18-185 lesser of 5% or the percentage |
8 | | increase in the Consumer Price Index for the prior levy year |
9 | | (or an estimate of the percentage increase for the prior levy |
10 | | year if the increase is unavailable at the time the submission |
11 | | of the question is initiated by the taxing district) ; and |
12 | | dividing the result by the last known equalized assessed value |
13 | | of the taxing district at the time the submission of the |
14 | | question is initiated by the taxing district. This amendatory |
15 | | Act of the 97th General Assembly is intended to clarify the |
16 | | existing requirements of this Section, and shall not be |
17 | | construed to validate any prior non-compliant referendum |
18 | | language. Any notice required to be published in connection |
19 | | with the submission of the question shall also contain this |
20 | | supplemental information and shall not contain any other |
21 | | supplemental information. Any error, miscalculation, or |
22 | | inaccuracy in computing any amount set forth on the ballot or |
23 | | in the notice that is not deliberate shall not invalidate or |
24 | | affect the validity of any proposition approved. Notice of the |
25 | | referendum shall be published and posted as otherwise required |
26 | | by law, and the submission of the question shall be initiated |
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1 | | as provided by law.
|
2 | | (Source: P.A. 97-1087, eff. 8-24-12.)
|
3 | | (35 ILCS 200/18-213)
|
4 | | Sec. 18-213.
Referenda on applicability of the Property Tax |
5 | | Extension
Limitation Law.
|
6 | | (a) The provisions of this Section do not apply to a taxing |
7 | | district
subject
to this Law because a majority of its 1990 |
8 | | equalized assessed value is in a
county or counties contiguous |
9 | | to a county of 3,000,000 or more inhabitants, or
because a |
10 | | majority of its 1994 equalized assessed value is in an affected
|
11 | | county and the taxing district was not subject to this Law |
12 | | before the 1995 levy
year.
|
13 | | (b) The county board of a county that is not subject to |
14 | | this Law
may, by ordinance or resolution, submit to the voters |
15 | | of the
county the question of whether to
make all non-home rule |
16 | | taxing districts
that
have all or a portion of their equalized |
17 | | assessed valuation
situated in the county subject to this Law |
18 | | in the manner set forth in this
Section.
|
19 | | For purposes of this Section only:
|
20 | | "Taxing district" has the same meaning provided in Section |
21 | | 1-150.
|
22 | | "Equalized
assessed valuation" means the equalized |
23 | | assessed valuation for a taxing
district for the immediately |
24 | | preceding levy year.
|
25 | | (c) The ordinance or resolution shall request the |
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1 | | submission of
the
proposition at any election, except a |
2 | | consolidated primary election, for the
purpose of voting for or |
3 | | against making the Property
Tax Extension Limitation Law |
4 | | applicable to all non-home rule taxing districts
that have all
|
5 | | or a
portion of their equalized assessed valuation situated in |
6 | | the county.
|
7 | | The question shall be placed on a separate
ballot and shall |
8 | | be in substantially the following form:
|
9 | | Shall the Property Tax Extension Limitation Law (35 |
10 | | ILCS 200/18-185 through
18-245), which
limits annual |
11 | | property tax extension increases, apply to non-home
rule |
12 | | taxing
districts with all or a portion of their equalized |
13 | | assessed valuation located
in
(name of county)?
|
14 | | Votes on the question shall be recorded as "yes" or "no".
|
15 | | (d) The county clerk
shall order the proposition submitted |
16 | | to the electors of the county
at the election specified in the |
17 | | ordinance or resolution.
If part of the county is under the |
18 | | jurisdiction of
a board or boards of election commissioners, |
19 | | the county clerk
shall submit a certified copy of
the ordinance |
20 | | or resolution to each board of election commissioners,
which |
21 | | shall order the
proposition submitted to the electors of the |
22 | | taxing district within its
jurisdiction at the election |
23 | | specified in the ordinance or resolution.
|
24 | | (e) (1) With respect to taxing districts having all of |
25 | | their equalized
assessed
valuation located in the county, |
26 | | if a majority of the votes cast on the
proposition are in |
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1 | | favor of the proposition, then this Law becomes applicable
|
2 | | to the taxing district beginning on January 1 of the year |
3 | | following the date of
the referendum.
|
4 | | (2) With respect to taxing districts that meet all the |
5 | | following
conditions this Law shall become applicable to |
6 | | the taxing district beginning
on January 1, 1997. The |
7 | | districts to which this paragraph (2) is applicable
|
8 | | (A) do not have all of their equalized assessed |
9 | | valuation located in a
single county,
|
10 | | (B) have equalized assessed valuation in an |
11 | | affected county,
|
12 | | (C) meet the condition that each county, other than |
13 | | an affected county,
in which any of the equalized |
14 | | assessed valuation of the taxing district is
located |
15 | | has held a referendum under this Section at any |
16 | | election, except a
consolidated primary election, held |
17 | | prior to the effective date of this
amendatory Act of |
18 | | 1997, and
|
19 | | (D) have a majority of the district's equalized |
20 | | assessed valuation
located in one or more counties in |
21 | | each of which the voters have approved a
referendum |
22 | | under this Section prior to the effective date of this |
23 | | amendatory
Act of 1997.
For purposes of this Section, |
24 | | in determining whether a majority of the
equalized |
25 | | assessed valuation of the taxing district is located in |
26 | | one or more
counties in which the voters have approved |
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1 | | a referendum under this Section, the
equalized |
2 | | assessed valuation of the taxing district in any |
3 | | affected county
shall be included with the equalized |
4 | | assessed value of the taxing district in
counties in |
5 | | which the voters have approved the referendum.
|
6 | | (3) With respect to taxing districts that do not have |
7 | | all of
their equalized
assessed valuation located in a |
8 | | single county and to which paragraph (2) of
subsection (e) |
9 | | is not applicable, if each county other than an
affected |
10 | | county in which any of
the equalized assessed valuation of |
11 | | the taxing
district is located has held a referendum under |
12 | | this Section at any election,
except a consolidated primary |
13 | | election, held in any year and if a majority of
the |
14 | | equalized
assessed valuation of the taxing district is |
15 | | located in one or more counties
that have each approved a |
16 | | referendum under this Section,
then this Law shall become |
17 | | applicable to the taxing district on
January 1 of the year |
18 | | following the year in which the last referendum in a
county |
19 | | in which the taxing district has any equalized assessed |
20 | | valuation is
held.
For the purposes of this Law, the last |
21 | | referendum shall be deemed to be the
referendum making this |
22 | | Law applicable to the taxing district. For purposes
of this |
23 | | Section, in determining whether a majority of the equalized |
24 | | assessed
valuation of the taxing district is located in one |
25 | | or more counties that have
approved a referendum under this |
26 | | Section, the equalized assessed valuation of
the taxing |
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1 | | district in any affected county shall be included with the |
2 | | equalized
assessed value of the taxing district in counties |
3 | | that have approved the
referendum.
|
4 | | (f) Immediately after a referendum is held under this |
5 | | Section, the county
clerk of the
county holding the referendum |
6 | | shall give notice of the referendum having been
held and its |
7 | | results to all taxing districts that have all
or a portion of |
8 | | their equalized assessed valuation located in the county, the
|
9 | | county clerk of any other county in which any of the equalized |
10 | | assessed
valuation of any taxing district is located, and the |
11 | | Department of Revenue.
After the last referendum affecting a |
12 | | multi-county taxing district is held, the
Department of Revenue
|
13 | | shall determine whether the taxing district is subject to this |
14 | | Law
and, if so, shall notify the taxing district and the county |
15 | | clerks of all of
the
counties in which a portion of the |
16 | | equalized assessed valuation of the
taxing district is located |
17 | | that, beginning the following January 1, the
taxing
district is |
18 | | subject to this Law.
For each taxing district subject to |
19 | | paragraph (2) of subsection (e) of this
Section, the Department |
20 | | of Revenue shall notify the taxing district and the
county |
21 | | clerks of all of the counties in which a portion of the |
22 | | equalized
assessed valuation of the taxing district is located |
23 | | that, beginning January 1,
1997, the taxing district is subject |
24 | | to this Law.
|
25 | | (g) Referenda held under this Section shall be conducted in |
26 | | accordance with
the Election Code.
|
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| | 09900SB0318sam001 | - 32 - | LRB099 02944 HLH 37400 a |
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1 | | (h) Notwithstanding any other provision of law, no |
2 | | referenda may be held under this Section with respect to levy |
3 | | years 2016 and 2017. |
4 | | (Source: P.A. 89-510, eff. 7-11-96; 89-718, eff. 3-7-97.)
|
5 | | (35 ILCS 200/18-214)
|
6 | | Sec. 18-214.
Referenda on removal of the applicability of |
7 | | the Property Tax
Extension Limitation Law to non-home rule |
8 | | taxing districts.
|
9 | | (a) The provisions of this Section do not apply to a taxing |
10 | | district that is
subject to this Law because a majority of its |
11 | | 1990 equalized assessed value is
in a county or counties |
12 | | contiguous to a county of 3,000,000 or more
inhabitants, or |
13 | | because a majority of its 1994 equalized assessed value is in
|
14 | | an
affected county and the taxing district was not subject to |
15 | | this Law before the
1995 levy year.
|
16 | | (b) For purposes of this Section only:
|
17 | | "Taxing district" means any non-home rule taxing district |
18 | | that became subject
to this Law under Section 18-213 of this |
19 | | Law.
|
20 | | "Equalized assessed valuation" means the equalized |
21 | | assessed valuation for a
taxing district for the immediately |
22 | | preceding levy year.
|
23 | | (c) The county board of a county that became subject to |
24 | | this Law by a
referendum approved by the voters of the county |
25 | | under Section 18-213 may, by
ordinance or resolution, in the |
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1 | | manner set forth in this Section, submit to the
voters of the |
2 | | county the question of whether this Law applies to all non-home
|
3 | | rule taxing
districts that have all or a portion of their |
4 | | equalized assessed valuation
situated in the county in the |
5 | | manner set forth in this Section.
|
6 | | (d) The ordinance or resolution shall request the |
7 | | submission of the
proposition at any election, except a |
8 | | consolidated primary election, for the
purpose of voting for or |
9 | | against the continued application of the Property Tax
Extension |
10 | | Limitation Law to all non-home rule taxing districts that have |
11 | | all or
a portion of their equalized assessed valuation situated |
12 | | in the county.
|
13 | | The question shall be placed on a separate ballot and shall |
14 | | be in
substantially the following form:
|
15 | | Shall
the Property Tax
Extension Limitation Law (35 |
16 | | ILCS 200/18-185 through 35 ILCS 200/18-245), which
limits |
17 | | annual property tax extension increases, apply to non-home |
18 | | rule taxing
districts with all or a portion of their |
19 | | equalized assessed valuation located
in (name of county)?
|
20 | | Votes on the question shall be recorded as "yes" or "no".
|
21 | | (e) The county clerk shall order the proposition submitted |
22 | | to the electors
of the county at the election specified in the |
23 | | ordinance or resolution. If
part of the county is under the |
24 | | jurisdiction of a board or boards of election
commissioners, |
25 | | the county clerk shall submit a certified copy of the ordinance
|
26 | | or resolution to each board of election commissioners, which |
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1 | | shall order the
proposition submitted to the electors of the |
2 | | taxing district within its
jurisdiction at the election |
3 | | specified in the ordinance or resolution.
|
4 | | (f) With respect to taxing districts having all of their |
5 | | equalized assessed
valuation located in one county, if a |
6 | | majority of the votes cast on the
proposition are against the |
7 | | proposition, then this Law shall not apply to the
taxing |
8 | | district beginning on January 1 of the year following the date |
9 | | of
the referendum.
|
10 | | (g) With respect to taxing districts that do not have all |
11 | | of their
equalized assessed valuation located in a single |
12 | | county, if both of the
following conditions are met, then this |
13 | | Law shall no longer apply to the taxing
district beginning on |
14 | | January 1 of the year following the date of the
referendum.
|
15 | | (1) Each county in which the district has any equalized |
16 | | assessed valuation
must either, (i) have held a referendum |
17 | | under this Section, (ii) be an affected
county, or (iii) |
18 | | have held a referendum under Section 18-213 at which the
|
19 | | voters rejected the proposition at the most recent election |
20 | | at which the
question was on the ballot in the county.
|
21 | | (2) The majority of the equalized assessed valuation of |
22 | | the taxing
district,
other than any equalized assessed |
23 | | valuation in an affected county, is in one or
more counties |
24 | | in which the voters rejected the proposition. For purposes |
25 | | of
this
Section, in determining whether a majority of the |
26 | | equalized assessed valuation
of the taxing district is |
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1 | | located in one or more counties in which the voters
have |
2 | | rejected the proposition under this Section, the equalized |
3 | | assessed
valuation of any taxing district in a county which |
4 | | has held a referendum under
Section 18-213 at which the |
5 | | voters rejected that proposition, at the most
recent |
6 | | election at which the question was on the ballot in the |
7 | | county, will be
included with the equalized assessed value |
8 | | of the taxing district in counties
in
which the voters have |
9 | | rejected the referendum held under this Section.
|
10 | | (h) Immediately after a referendum is held under this |
11 | | Section, the county
clerk of the county holding the referendum |
12 | | shall give notice of the referendum
having been held and its |
13 | | results to all taxing districts that have all or a
portion of |
14 | | their equalized assessed valuation located in the county, the |
15 | | county
clerk of any other county in which any of the equalized |
16 | | assessed valuation of
any such taxing district is located, and |
17 | | the Department of Revenue. After the
last
referendum affecting |
18 | | a multi-county taxing district is held, the Department of
|
19 | | Revenue shall determine whether the taxing district is no |
20 | | longer subject to
this Law and, if the taxing district is no |
21 | | longer subject to this Law, the
Department of Revenue shall |
22 | | notify the taxing district and the county clerks of
all of the |
23 | | counties in which a portion of the equalized assessed valuation |
24 | | of
the taxing district is located that, beginning on January 1 |
25 | | of the
year following the date of the last
referendum, the |
26 | | taxing district is no longer subject to this Law.
|
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1 | | (i) Notwithstanding any other provision of law, no |
2 | | referenda may be held under this Section with respect to levy |
3 | | years 2016 and 2017. |
4 | | (Source: P.A. 89-718, eff. 3-7-97.)
|
5 | | (35 ILCS 200/18-242 new) |
6 | | Sec. 18-242. Home rule. This Division 5 is a limitation, |
7 | | under
subsection
(g) of Section 6 of Article VII of the |
8 | | Illinois Constitution, on the power of
home rule units to tax.
|
9 | | Section 10. The Illinois Pension Code is amended by adding |
10 | | Section 16-158.5 and by changing Sections 17-127 and 17-129 as |
11 | | follows: |
12 | | (40 ILCS 5/16-158.5 new) |
13 | | Sec. 16-158.5. Obligations of State; funding guarantee. |
14 | | (a) Beginning July 1, 2015, the State shall be obligated to |
15 | | contribute to the System in each State fiscal year an amount |
16 | | not less than the sum of (i) the State's normal cost for the |
17 | | year and (ii) the portion of the unfunded accrued liability |
18 | | assigned to that year by law. Notwithstanding any other |
19 | | provision of law, if the State fails to pay an amount required |
20 | | under this subsection, it shall be the obligation of the Board |
21 | | to seek payment of the required amount in compliance with the |
22 | | provisions of this Section and, if the amount remains unpaid, |
23 | | to bring a mandamus action in the Supreme Court of Illinois to |
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1 | | compel the State to make the required payment. |
2 | | If the System submits a voucher for contributions required |
3 | | under Section 16-158 and the State fails to pay that voucher |
4 | | within 90 days of its receipt, the Board shall submit a written |
5 | | request to the Comptroller seeking payment. A copy of the |
6 | | request shall be filed with the Secretary of State, and the |
7 | | Secretary of State shall provide a copy to the Governor and |
8 | | General Assembly. No earlier than the 16th day after the System |
9 | | files the request with the Comptroller and Secretary of State, |
10 | | if the amount remains unpaid the Board shall commence a |
11 | | mandamus action in the Supreme Court of Illinois to compel the |
12 | | Comptroller to satisfy the voucher. |
13 | | This subsection (a) constitutes an express waiver of the |
14 | | State's sovereign immunity solely to the extent that it permits |
15 | | the Board to commence a mandamus action in the Supreme Court of |
16 | | Illinois to compel the Comptroller to pay a voucher for the |
17 | | contributions required under Section 16-158. |
18 | | (b) Any payments and transfers required to be made by the |
19 | | State pursuant to subsection (a) are expressly subordinate to |
20 | | the payment of the principal, interest, and premium, if any, on |
21 | | any bonded debt obligation of the State or any other |
22 | | State-created entity, either currently outstanding or to be |
23 | | issued, for which the source of repayment or security thereon |
24 | | is derived directly or indirectly from tax revenues collected |
25 | | by the State or any other State-created entity. Payments on |
26 | | such bonded obligations include any statutory fund transfers or |
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1 | | other prefunding mechanisms or formulas set forth, now or |
2 | | hereafter, in State law or bond indentures, into debt service |
3 | | funds or accounts of the State related to such bond |
4 | | obligations, consistent with the payment schedules associated |
5 | | with such obligations.
|
6 | | (40 ILCS 5/17-127) (from Ch. 108 1/2, par. 17-127)
|
7 | | Sec. 17-127. Financing; revenues for the Fund.
|
8 | | (a) The revenues for the Fund shall consist of: (1) amounts |
9 | | paid into
the Fund by contributors thereto and from employer |
10 | | contributions and State
appropriations in accordance with this |
11 | | Article; (2) amounts contributed to the
Fund by an Employer; |
12 | | (3) amounts contributed to the Fund pursuant to any law
now in |
13 | | force or hereafter to be enacted; (4) contributions from any |
14 | | other
source; and (5) the earnings on investments.
|
15 | | (b) The General Assembly finds that for many years the |
16 | | State has
contributed to the Fund an annual amount that is |
17 | | between 20% and 30% of the
amount of the annual State |
18 | | contribution to the Article 16 retirement system,
and the |
19 | | General Assembly declares that it is its goal and intention to |
20 | | continue
this level of contribution to the Fund in the future.
|
21 | | (c) Beginning in State fiscal year 1999, the State shall |
22 | | include in its annual
contribution to the Fund an additional |
23 | | amount equal to 0.544% of the Fund's
total teacher payroll; |
24 | | except that this additional contribution need not be
made in a |
25 | | fiscal year if the Board has certified in the previous fiscal |
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1 | | year
that the Fund is at least 90% funded, based on actuarial |
2 | | determinations. These
additional State contributions are |
3 | | intended to offset a portion of the cost to
the Fund of the |
4 | | increases in retirement benefits resulting from this |
5 | | amendatory
Act of 1998.
|
6 | | (d) In addition to any other contribution required under |
7 | | this Article, including the contribution required under |
8 | | subsection (c), the State shall contribute to the Fund the |
9 | | following amounts: |
10 | | (1) For State fiscal year 2016, the State shall
|
11 | | contribute $197,000,000. |
12 | | (2) Beginning in State fiscal year 2017, the State
|
13 | | shall contribute for each fiscal year an amount, to be
|
14 | | determined by the Fund, equal to the employer normal cost
|
15 | | portion of the projected normal cost for that fiscal year. |
16 | | (3) Beginning in State fiscal year 2017, the State
|
17 | | shall contribute for each fiscal year an amount to be
|
18 | | determined by the Fund, equal to the employer normal cost
|
19 | | for that fiscal year, plus the amount allowed pursuant to |
20 | | paragraph (3) of Section 17-142.1, to defray health |
21 | | insurance costs. |
22 | | (e) The Board shall determine the amount of State |
23 | | contributions required for each fiscal year on the basis of the |
24 | | actuarial tables and other assumptions adopted by the Board and |
25 | | the recommendations of the actuary. On or before November 1 of |
26 | | each year, beginning November 1, 2015, the Board shall submit |
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1 | | to the State Actuary, the Governor, and the General Assembly a |
2 | | proposed certification of the amount of the required State |
3 | | contribution to the Fund for the next fiscal year, along with |
4 | | all of the actuarial assumptions, calculations, and data upon |
5 | | which that proposed certification is based. |
6 | | On or before January 1 of each year, beginning January 1,
|
7 | | 2016, the State Actuary shall issue a preliminary report
|
8 | | concerning the proposed certification and identifying, if
|
9 | | necessary, recommended changes in actuarial assumptions that
|
10 | | the Board must consider before finalizing its certification of
|
11 | | the required State contributions. |
12 | | (f) On or before January 15, 2016 and each January 15 |
13 | | thereafter, the Board shall certify to the Governor and the
|
14 | | General Assembly the amount of the required State contribution
|
15 | | for the next fiscal year. The certification shall include a
|
16 | | copy of the actuarial recommendations upon which it is based
|
17 | | and shall specifically identify the Fund's projected employer
|
18 | | normal cost for that fiscal year. The Board's certification
|
19 | | must note any deviations from the State Actuary's recommended
|
20 | | changes, the reason or reasons for not following the State
|
21 | | Actuary's recommended changes, and the fiscal impact of not
|
22 | | following the State Actuary's recommended changes on the
|
23 | | required State contribution. |
24 | | For the purposes of this Article, including issuing |
25 | | vouchers, and for the purposes of subsection (h) of Section 1.1 |
26 | | of the State Pension Funds Continuing Appropriation Act, the |
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1 | | State contribution specified for State fiscal year 2016 shall |
2 | | be deemed to have been certified, by operation of law and |
3 | | without official action by the Board or the State Actuary, in |
4 | | the amount provided in subsection (d) of this Section. |
5 | | (g) Beginning in State fiscal year 2016, on the 15th day of
|
6 | | each month, or as soon thereafter as may be practicable, the
|
7 | | Board shall submit vouchers for payment of State contributions |
8 | | to the Fund, in a total monthly amount of one-twelfth of the
|
9 | | required annual State contribution under subsection (d).
These |
10 | | vouchers shall be paid by the State Comptroller and
Treasurer |
11 | | by warrants drawn on the funds appropriated to the
Fund for |
12 | | that fiscal year. If in any month the amount remaining
|
13 | | unexpended from all other State appropriations to the Fund for
|
14 | | the applicable fiscal year is less than the amount lawfully
|
15 | | vouchered under this subsection, the difference shall be paid
|
16 | | from the Common School Fund under the continuing appropriation
|
17 | | authority provided in Section 1.1 of the State Pension Funds
|
18 | | Continuing Appropriation Act. |
19 | | (Source: P.A. 90-548, eff. 12-4-97; 90-566, eff. 1-2-98; |
20 | | 90-582, eff.
5-27-98; 90-655, eff. 7-30-98.)
|
21 | | (40 ILCS 5/17-129) (from Ch. 108 1/2, par. 17-129) |
22 | | Sec. 17-129. Employer contributions; deficiency in Fund. |
23 | | (a) If in any fiscal year of the Board of Education ending |
24 | | prior to 1997 the
total amounts paid to the Fund from the Board |
25 | | of Education (other than under
this subsection, and other than |
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1 | | amounts used for making or "picking up"
contributions on behalf |
2 | | of teachers) and from the State do not equal the total
|
3 | | contributions made by or on behalf of the teachers for such |
4 | | year, or if the
total income of the Fund in any such fiscal |
5 | | year of the Board of Education from
all sources is less than |
6 | | the total such expenditures by the Fund for such year,
the |
7 | | Board of Education shall, in the next succeeding year, in |
8 | | addition to any
other payment to the Fund set apart and |
9 | | appropriate from moneys from its tax
levy for educational |
10 | | purposes, a sum sufficient to remove such deficiency or
|
11 | | deficiencies, and promptly pay such sum into the Fund in order |
12 | | to restore any
of the reserves of the Fund that may have been |
13 | | so temporarily applied. Any
amounts received by the Fund after |
14 | | December 4, 1997 from State appropriations, including under |
15 | | Section
17-127, shall be a credit against and shall fully |
16 | | satisfy any obligation that
may have arisen, or be claimed to |
17 | | have arisen, under this subsection (a) as a
result of any |
18 | | deficiency or deficiencies in the fiscal year of the Board of
|
19 | | Education ending in calendar year 1997. |
20 | | (b) (i) Notwithstanding any other provision of this |
21 | | Section, and notwithstanding any prior certification by the |
22 | | Board under subsection (c) for fiscal year 2011, the Board of |
23 | | Education's total required contribution to the Fund for fiscal |
24 | | year 2011 under this Section is $187,000,000. |
25 | | (ii) Notwithstanding any other provision of this Section, |
26 | | the Board of Education's total required contribution to the |
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1 | | Fund for fiscal year 2012 under this Section is $192,000,000. |
2 | | (iii) Notwithstanding any other provision of this Section, |
3 | | the Board of Education's total required contribution to the |
4 | | Fund for fiscal year 2013 under this Section is $196,000,000. |
5 | | (iv) For fiscal years 2014 and 2015 through 2059 , the |
6 | | minimum contribution to the Fund to be made by the Board of |
7 | | Education in each fiscal year shall be an amount determined by |
8 | | the Fund to be sufficient to bring the total assets of the Fund |
9 | | up to 90% of the total actuarial liabilities of the Fund by the |
10 | | end of fiscal year 2059. In making these determinations, the |
11 | | required Board of Education contribution shall be calculated |
12 | | each year as a level percentage of the applicable employee |
13 | | payrolls over the years remaining to and including fiscal year |
14 | | 2059 and shall be determined under the projected unit credit |
15 | | actuarial cost method. |
16 | | (v) Notwithstanding any other provision of this Section, |
17 | | the Board of Education's total required contribution to the |
18 | | Fund for fiscal year 2016 under this Section is $207,000,000. |
19 | | Notwithstanding item (x) of this subsection, the Board of |
20 | | Education's total required contribution under this item (v) |
21 | | shall not be reduced by the amount of any State contribution to |
22 | | the Fund. |
23 | | (vi) Notwithstanding any other provision of this Section, |
24 | | the Board of Education's total required contribution to the |
25 | | Fund for fiscal year 2017 under this Section is $211,000,000. |
26 | | Notwithstanding item (x) of this subsection, the Board of |
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1 | | Education's total required contribution under this item (vi) |
2 | | shall not be reduced by the amount of any State contribution to |
3 | | the Fund. |
4 | | (vii) For fiscal years 2018 through 2063, the minimum |
5 | | contribution to the Fund to be made by the Board of Education |
6 | | in each fiscal year shall be an amount determined by the Fund |
7 | | to be sufficient to bring the total assets of the Fund up to |
8 | | 90% of the total actuarial liabilities of the Fund by the end |
9 | | of fiscal year 2063. In making this determination, the required |
10 | | Board of Education contribution shall be calculated each year |
11 | | as a level percentage of the applicable employee payrolls over |
12 | | the years remaining to and including fiscal year 2063 and shall |
13 | | be determined under the projected unit credit actuarial cost |
14 | | method. |
15 | | (viii) (v) Beginning in fiscal year 2064 2060 , the minimum |
16 | | Board of Education contribution for each fiscal year shall be |
17 | | the amount needed to maintain the total assets of the Fund at |
18 | | 90% of the total actuarial liabilities of the Fund. |
19 | | (ix) (vi) Notwithstanding any other provision of this |
20 | | subsection (b), for any fiscal year, the contribution to the |
21 | | Fund from the Board of Education shall not be required to be in |
22 | | excess of the amount calculated as needed to maintain the |
23 | | assets (or cause the assets to be) at the 90% level by the end |
24 | | of the fiscal year. |
25 | | (x) (vii) Any contribution by the State to or for the |
26 | | benefit of the Fund, including, without limitation, as referred |
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1 | | to under Section 17-127, shall be a credit against any |
2 | | contribution required to be made by the Board of Education |
3 | | under this subsection (b) , except for the contributions |
4 | | required to be made by the Board of Education under items (v) |
5 | | and (vi) . |
6 | | (c) The Board shall determine the amount of Board of |
7 | | Education
contributions required for each fiscal year on the |
8 | | basis of the actuarial
tables and other assumptions adopted by |
9 | | the Board and the recommendations of
the actuary, in order to |
10 | | meet the minimum contribution requirements of
subsections (a) |
11 | | and (b). Annually, on or before February 28, the Board shall
|
12 | | certify to the Board of Education the amount of the required |
13 | | Board of Education
contribution for the coming fiscal year. The |
14 | | certification shall include a
copy of the actuarial |
15 | | recommendations upon which it is based. |
16 | | (Source: P.A. 96-889, eff. 4-14-10.) |
17 | | Section 15. The State Pension Funds Continuing |
18 | | Appropriation Act is amended by changing Section 1.1 as |
19 | | follows:
|
20 | | (40 ILCS 15/1.1)
|
21 | | Sec. 1.1. Appropriations to certain retirement systems.
|
22 | | (a) There is hereby appropriated from the General Revenue |
23 | | Fund to the
General Assembly Retirement System, on a continuing |
24 | | monthly basis, the amount,
if any, by which the total available |
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1 | | amount of all other appropriations to that
retirement system |
2 | | for the payment of State contributions is less than the total
|
3 | | amount of the vouchers for required State contributions |
4 | | lawfully submitted by
the retirement system for that month |
5 | | under Section 2-134 of the Illinois
Pension Code.
|
6 | | (b) There is hereby appropriated from the General Revenue |
7 | | Fund to the
State Universities Retirement System, on a |
8 | | continuing monthly basis, the
amount, if any, by which the |
9 | | total available amount of all other appropriations
to that |
10 | | retirement system for the payment of State contributions, |
11 | | including
any deficiency in the required contributions of the |
12 | | optional
retirement program established under Section 15-158.2 |
13 | | of the Illinois Pension
Code,
is less than
the total amount of |
14 | | the vouchers for required State contributions lawfully
|
15 | | submitted by the retirement system for that month under Section |
16 | | 15-165 of the
Illinois Pension Code.
|
17 | | (c) There is hereby appropriated from the Common School |
18 | | Fund to the
Teachers' Retirement System of the State of |
19 | | Illinois,
on a continuing monthly basis, the amount, if any, by |
20 | | which the total
available amount of all other appropriations to |
21 | | that retirement system for the
payment of State contributions |
22 | | is less than the total amount of the vouchers
for required |
23 | | State contributions lawfully submitted by the retirement |
24 | | system
for that month under Section 16-158 of the Illinois |
25 | | Pension Code.
|
26 | | (d) There is hereby appropriated from the General Revenue |
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1 | | Fund to the Judges
Retirement System of Illinois, on a |
2 | | continuing monthly basis, the amount, if
any, by which the |
3 | | total available amount of all other appropriations to that
|
4 | | retirement system for the payment of State contributions is |
5 | | less than the total
amount of the vouchers for required State |
6 | | contributions lawfully submitted by
the retirement system for |
7 | | that month under Section 18-140 of the Illinois
Pension Code.
|
8 | | (e) The continuing appropriations provided by subsections |
9 | | (a), (b), (c), and (d) of this Section shall first
be available |
10 | | in State fiscal year 1996. The continuing appropriations |
11 | | provided by subsection (h) of this Section shall first
be |
12 | | available as provided in that subsection (h).
|
13 | | (f) For State fiscal year 2010 only, the continuing |
14 | | appropriations provided by this Section are equal to the amount |
15 | | certified by each System on or before December 31, 2008, less |
16 | | (i) the gross proceeds of the bonds sold in fiscal year 2010 |
17 | | under the authorization contained in subsection (a) of Section |
18 | | 7.2 of the General Obligation Bond Act and (ii) any amounts |
19 | | received from the State Pensions Fund. |
20 | | (g) For State fiscal year 2011 only, the continuing |
21 | | appropriations provided by this Section are equal to the amount
|
22 | | certified by each System on or before April 1, 2011, less
(i) |
23 | | the gross proceeds of the bonds sold in fiscal year 2011
under |
24 | | the authorization contained in subsection (a) of Section
7.2 of |
25 | | the General Obligation Bond Act and (ii) any amounts
received |
26 | | from the State Pensions Fund. |
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1 | | (h) There is hereby appropriated from the Common School |
2 | | Fund to the
Public School Teachers' Pension and Retirement Fund |
3 | | of Chicago,
on a continuing monthly basis, the amount, if any, |
4 | | by which the total
available amount of all other State |
5 | | appropriations to that Retirement Fund for the
payment of State |
6 | | contributions under subsection (d) of Section 17-127 of the |
7 | | Illinois Pension Code is less than the total amount of the |
8 | | vouchers
for required State contributions lawfully submitted |
9 | | by the Retirement Fund
for that month under that Section |
10 | | 17-127. |
11 | | (Source: P.A. 96-43, eff. 7-15-09; 96-1497, eff. 1-14-11; |
12 | | 96-1511, eff. 1-27-11.)
|
13 | | Section 20. The School Code is amended by adding Sections |
14 | | 1D-5 and 18-21 and by changing Sections 1C-1, 1C-2, 1C-4, and |
15 | | 18-8.05 as follows:
|
16 | | (105 ILCS 5/1C-1)
|
17 | | Sec. 1C-1. Purpose. The purpose of this Article is to |
18 | | permit greater
flexibility and efficiency in the distribution |
19 | | and use of certain State funds
available to
local education |
20 | | agencies for the improvement of the quality of educational
|
21 | | services pursuant to locally established priorities.
|
22 | | Through May 31, 2017, this This Article does not apply to |
23 | | school districts having a population in excess
of 500,000 |
24 | | inhabitants.
|
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1 | | (Source: P.A. 88-555, eff. 7-27-94; 89-15, eff. 5-30-95; |
2 | | 89-397, eff.
8-20-95; 89-626, eff. 8-9-96.)
|
3 | | (105 ILCS 5/1C-2)
|
4 | | Sec. 1C-2. Block grants.
|
5 | | (a) For fiscal year 1999, and each fiscal year thereafter |
6 | | through May 31, 2017 , the State Board
of Education shall award |
7 | | to school districts block grants as described in subsection
|
8 | | (c). The State Board of Education may adopt
rules and |
9 | | regulations necessary to implement this Section. In accordance |
10 | | with
Section 2-3.32, all state block grants are subject to an |
11 | | audit. Therefore,
block grant receipts and block grant |
12 | | expenditures shall be recorded to the
appropriate fund code.
|
13 | | (b) (Blank).
|
14 | | (c) An Early Childhood Education Block Grant shall be |
15 | | created by combining
the following programs: Preschool |
16 | | Education, Parental Training and Prevention
Initiative. These |
17 | | funds shall be distributed to school districts and other
|
18 | | entities on a competitive basis , except that the State Board of |
19 | | Education shall award to a school district having a population |
20 | | exceeding 500,000 inhabitants 37% of the funds in each fiscal |
21 | | year after May 31, 2017 . Not less than 14% of this grant
shall |
22 | | be used to
fund programs for children ages 0-3, which |
23 | | percentage shall increase to at least 20% by Fiscal Year 2016. |
24 | | However, if, in a given fiscal year, the amount appropriated |
25 | | for the Early Childhood Education Block Grant is insufficient |
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1 | | to increase the percentage of the grant to fund programs for |
2 | | children ages 0-3 without reducing the amount of the grant for |
3 | | existing providers of preschool education programs, then the |
4 | | percentage of the grant to fund programs for children ages 0-3 |
5 | | may be held steady instead of increased.
|
6 | | (Source: P.A. 98-645, eff. 7-1-14.)
|
7 | | (105 ILCS 5/1C-4)
|
8 | | Sec. 1C-4. Reports. The State Superintendent of Education, |
9 | | in cooperation
with the school districts participating under |
10 | | this Article, shall , through May 31, 2017, annually
report to |
11 | | the leadership of the General Assembly on the progress made in
|
12 | | implementing this Article. By February 1, 1997, the State Board |
13 | | of Education
shall submit to the Governor and General Assembly |
14 | | a comprehensive plan for
Illinois school districts, including |
15 | | the school district that has been
organized under Article 34 |
16 | | and is under the jurisdiction of the Chicago Board
of |
17 | | Education, to establish and implement a block grant funding |
18 | | system for
educational programs that are currently funded |
19 | | through single-program grants.
Before submitting its plan to |
20 | | establish and implement a block grant funding
system to the |
21 | | Governor and General Assembly as required by this Section, the
|
22 | | State Board of Education shall give appropriate notice of and |
23 | | hold statewide
public hearings on the subject of funding |
24 | | educational programs through block
grants. The
plan shall be
|
25 | | designed to relieve school districts of the administrative |
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1 | | burdens that impede
efficiency and accompany single-program |
2 | | funding.
|
3 | | A school district that receives an Early Childhood |
4 | | Education Block Grant shall report to the State Board of |
5 | | Education on its use of the block
grant in such form and detail |
6 | | as the State Board of Education
may specify. In addition, the |
7 | | report must include the following
description for the district, |
8 | | which must also be reported to
the General Assembly: block |
9 | | grant allocation and expenditures
by program; population and |
10 | | service levels by program; and
administrative expenditures by |
11 | | program. The State Board of Education shall ensure that the |
12 | | reporting requirements for a district organized under Article |
13 | | 34 of this Code are the same as for all other school districts |
14 | | in this State. |
15 | | (Source: P.A. 97-238, eff. 8-2-11.)
|
16 | | (105 ILCS 5/1D-5 new) |
17 | | Sec. 1D-5. Repealer. This Article is repealed on June 1, |
18 | | 2017.
|
19 | | (105 ILCS 5/18-8.05)
|
20 | | Sec. 18-8.05. Basis for apportionment of general State |
21 | | financial aid and
supplemental general State aid to the common |
22 | | schools for the 1998-1999 and
subsequent school years.
|
23 | | (A) General Provisions. |
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1 | | (1) The provisions of this Section apply to the 1998-1999 |
2 | | and subsequent
school years. The system of general State |
3 | | financial aid provided for in this
Section
is designed to |
4 | | assure that, through a combination of State financial aid and
|
5 | | required local resources, the financial support provided each |
6 | | pupil in Average
Daily Attendance equals or exceeds a
|
7 | | prescribed per pupil Foundation Level. This formula approach |
8 | | imputes a level
of per pupil Available Local Resources and |
9 | | provides for the basis to calculate
a per pupil level of |
10 | | general State financial aid that, when added to Available
Local |
11 | | Resources, equals or exceeds the Foundation Level. The
amount |
12 | | of per pupil general State financial aid for school districts, |
13 | | in
general, varies in inverse
relation to Available Local |
14 | | Resources. Per pupil amounts are based upon
each school |
15 | | district's Average Daily Attendance as that term is defined in |
16 | | this
Section. |
17 | | (2) In addition to general State financial aid, school |
18 | | districts with
specified levels or concentrations of pupils |
19 | | from low income households are
eligible to receive supplemental |
20 | | general State financial aid grants as provided
pursuant to |
21 | | subsection (H).
The supplemental State aid grants provided for |
22 | | school districts under
subsection (H) shall be appropriated for |
23 | | distribution to school districts as
part of the same line item |
24 | | in which the general State financial aid of school
districts is |
25 | | appropriated under this Section. |
26 | | (3) To receive financial assistance under this Section, |
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1 | | school districts
are required to file claims with the State |
2 | | Board of Education, subject to the
following requirements: |
3 | | (a) Any school district which fails for any given |
4 | | school year to maintain
school as required by law, or to |
5 | | maintain a recognized school is not
eligible to file for |
6 | | such school year any claim upon the Common School
Fund. In |
7 | | case of nonrecognition of one or more attendance centers in |
8 | | a
school district otherwise operating recognized schools, |
9 | | the claim of the
district shall be reduced in the |
10 | | proportion which the Average Daily
Attendance in the |
11 | | attendance center or centers bear to the Average Daily
|
12 | | Attendance in the school district. A "recognized school" |
13 | | means any
public school which meets the standards as |
14 | | established for recognition
by the State Board of |
15 | | Education. A school district or attendance center
not |
16 | | having recognition status at the end of a school term is |
17 | | entitled to
receive State aid payments due upon a legal |
18 | | claim which was filed while
it was recognized. |
19 | | (b) School district claims filed under this Section are |
20 | | subject to
Sections 18-9 and 18-12, except as otherwise |
21 | | provided in this
Section. |
22 | | (c) If a school district operates a full year school |
23 | | under Section
10-19.1, the general State aid to the school |
24 | | district shall be determined
by the State Board of |
25 | | Education in accordance with this Section as near as
may be |
26 | | applicable. |
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1 | | (d) (Blank). |
2 | | (4) Except as provided in subsections (H) and (L), the |
3 | | board of any district
receiving any of the grants provided for |
4 | | in this Section may apply those funds
to any fund so received |
5 | | for which that board is authorized to make expenditures
by law. |
6 | | School districts are not required to exert a minimum |
7 | | Operating Tax Rate in
order to qualify for assistance under |
8 | | this Section. |
9 | | (5) As used in this Section the following terms, when |
10 | | capitalized, shall
have the meaning ascribed herein: |
11 | | (a) "Average Daily Attendance": A count of pupil |
12 | | attendance in school,
averaged as provided for in |
13 | | subsection (C) and utilized in deriving per pupil
financial |
14 | | support levels. |
15 | | (b) "Available Local Resources": A computation of |
16 | | local financial
support, calculated on the basis of Average |
17 | | Daily Attendance and derived as
provided pursuant to |
18 | | subsection (D). |
19 | | (c) "Corporate Personal Property Replacement Taxes": |
20 | | Funds paid to local
school districts pursuant to "An Act in |
21 | | relation to the abolition of ad valorem
personal property |
22 | | tax and the replacement of revenues lost thereby, and
|
23 | | amending and repealing certain Acts and parts of Acts in |
24 | | connection therewith",
certified August 14, 1979, as |
25 | | amended (Public Act 81-1st S.S.-1). |
26 | | (d) "Foundation Level": A prescribed level of per pupil |
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1 | | financial support
as provided for in subsection (B). |
2 | | (e) "Operating Tax Rate": All school district property |
3 | | taxes extended for
all purposes, except Bond and
Interest, |
4 | | Summer School, Rent, Capital Improvement, and Vocational |
5 | | Education
Building purposes.
|
6 | | (B) Foundation Level. |
7 | | (1) The Foundation Level is a figure established by the |
8 | | State representing
the minimum level of per pupil financial |
9 | | support that should be available to
provide for the basic |
10 | | education of each pupil in
Average Daily Attendance. As set |
11 | | forth in this Section, each school district
is assumed to exert
|
12 | | a sufficient local taxing effort such that, in combination with |
13 | | the aggregate
of general State
financial aid provided the |
14 | | district, an aggregate of State and local resources
are |
15 | | available to meet
the basic education needs of pupils in the |
16 | | district. |
17 | | (2) For the 1998-1999 school year, the Foundation Level of |
18 | | support is
$4,225. For the 1999-2000 school year, the |
19 | | Foundation Level of support is
$4,325. For the 2000-2001 school |
20 | | year, the Foundation Level of support is
$4,425. For the |
21 | | 2001-2002 school year and 2002-2003 school year, the
Foundation |
22 | | Level of support is $4,560. For the 2003-2004 school year, the |
23 | | Foundation Level of support is $4,810. For the 2004-2005 school |
24 | | year, the Foundation Level of support is $4,964.
For the |
25 | | 2005-2006 school year,
the Foundation Level of support is |
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1 | | $5,164. For the 2006-2007 school year, the Foundation Level of |
2 | | support is $5,334. For the 2007-2008 school year, the |
3 | | Foundation Level of support is $5,734. For the 2008-2009 school |
4 | | year, the Foundation Level of support is $5,959. |
5 | | (3) For the 2009-2010 school year and each school year |
6 | | thereafter,
the Foundation Level of support is $6,119 or such |
7 | | greater amount as
may be established by law by the General |
8 | | Assembly.
|
9 | | (C) Average Daily Attendance. |
10 | | (1) For purposes of calculating general State aid pursuant |
11 | | to subsection
(E), an Average Daily Attendance figure shall be |
12 | | utilized. The Average Daily
Attendance figure for formula
|
13 | | calculation purposes shall be the monthly average of the actual |
14 | | number of
pupils in attendance of
each school district, as |
15 | | further averaged for the best 3 months of pupil
attendance for |
16 | | each
school district. In compiling the figures for the number |
17 | | of pupils in
attendance, school districts
and the State Board |
18 | | of Education shall, for purposes of general State aid
funding, |
19 | | conform
attendance figures to the requirements of subsection |
20 | | (F). |
21 | | (2) The Average Daily Attendance figures utilized in |
22 | | subsection (E) shall be
the requisite attendance data for the |
23 | | school year immediately preceding
the
school year for which |
24 | | general State aid is being calculated
or the average of the |
25 | | attendance data for the 3 preceding school
years, whichever is |
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1 | | greater. The Average Daily Attendance figures
utilized in |
2 | | subsection (H) shall be the requisite attendance data for the
|
3 | | school year immediately preceding the school year for which |
4 | | general
State aid is being calculated.
|
5 | | (D) Available Local Resources. |
6 | | (1) For purposes of calculating general State aid pursuant |
7 | | to subsection
(E), a representation of Available Local |
8 | | Resources per pupil, as that term is
defined and determined in |
9 | | this subsection, shall be utilized. Available Local
Resources |
10 | | per pupil shall include a calculated
dollar amount representing |
11 | | local school district revenues from local property
taxes and |
12 | | from
Corporate Personal Property Replacement Taxes, expressed |
13 | | on the basis of pupils
in Average
Daily Attendance. Calculation |
14 | | of Available Local Resources shall exclude any tax amnesty |
15 | | funds received as a result of Public Act 93-26. |
16 | | (2) In determining a school district's revenue from local |
17 | | property taxes,
the State Board of Education shall utilize the |
18 | | equalized assessed valuation of
all taxable property of each |
19 | | school
district as of September 30 of the previous year. The |
20 | | equalized assessed
valuation utilized shall
be obtained and |
21 | | determined as provided in subsection (G). |
22 | | (3) For school districts maintaining grades kindergarten |
23 | | through 12, local
property tax
revenues per pupil shall be |
24 | | calculated as the product of the applicable
equalized assessed
|
25 | | valuation for the district multiplied by 3.00%, and divided by |
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1 | | the district's
Average Daily
Attendance figure. For school |
2 | | districts maintaining grades kindergarten
through 8, local
|
3 | | property tax revenues per pupil shall be calculated as the |
4 | | product of the
applicable equalized
assessed valuation for the |
5 | | district multiplied by 2.30%, and divided by the
district's |
6 | | Average
Daily Attendance figure. For school districts |
7 | | maintaining grades 9 through 12,
local property
tax revenues |
8 | | per pupil shall be the applicable equalized assessed valuation |
9 | | of
the district
multiplied by 1.05%, and divided by the |
10 | | district's Average Daily
Attendance
figure. |
11 | | For partial elementary unit districts created pursuant to |
12 | | Article 11E of this Code, local property tax revenues per pupil |
13 | | shall be calculated as the product of the equalized assessed |
14 | | valuation for property within the partial elementary unit |
15 | | district for elementary purposes, as defined in Article 11E of |
16 | | this Code, multiplied by 2.06% and divided by the district's |
17 | | Average Daily Attendance figure, plus the product of the |
18 | | equalized assessed valuation for property within the partial |
19 | | elementary unit district for high school purposes, as defined |
20 | | in Article 11E of this Code, multiplied by 0.94% and divided by |
21 | | the district's Average Daily Attendance figure.
|
22 | | (4) The Corporate Personal Property Replacement Taxes paid |
23 | | to each school
district during the calendar year one year |
24 | | before the calendar year in which a
school year begins, divided |
25 | | by the Average Daily Attendance figure for that
district, shall |
26 | | be added to the local property tax revenues per pupil as
|
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1 | | derived by the application of the immediately preceding |
2 | | paragraph (3). The sum
of these per pupil figures for each |
3 | | school district shall constitute Available
Local Resources as |
4 | | that term is utilized in subsection (E) in the calculation
of |
5 | | general State aid.
|
6 | | (E) Computation of General State Aid. |
7 | | (1) For each school year, the amount of general State aid |
8 | | allotted to a
school district shall be computed by the State |
9 | | Board of Education as provided
in this subsection. |
10 | | (2) For any school district for which Available Local |
11 | | Resources per pupil
is less than the product of 0.93 times the |
12 | | Foundation Level, general State aid
for that district shall be |
13 | | calculated as an amount equal to the Foundation
Level minus |
14 | | Available Local Resources, multiplied by the Average Daily
|
15 | | Attendance of the school district. |
16 | | (3) For any school district for which Available Local |
17 | | Resources per pupil
is equal to or greater than the product of |
18 | | 0.93 times the Foundation Level and
less than the product of |
19 | | 1.75 times the Foundation Level, the general State aid
per |
20 | | pupil shall be a decimal proportion of the Foundation Level |
21 | | derived using a
linear algorithm. Under this linear algorithm, |
22 | | the calculated general State
aid per pupil shall decline in |
23 | | direct linear fashion from 0.07 times the
Foundation Level for |
24 | | a school district with Available Local Resources equal to
the |
25 | | product of 0.93 times the Foundation Level, to 0.05 times the |
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1 | | Foundation
Level for a school district with Available Local |
2 | | Resources equal to the product
of 1.75 times the Foundation |
3 | | Level. The allocation of general
State aid for school districts |
4 | | subject to this paragraph 3 shall be the
calculated general |
5 | | State aid
per pupil figure multiplied by the Average Daily |
6 | | Attendance of the school
district. |
7 | | (4) For any school district for which Available Local |
8 | | Resources per pupil
equals or exceeds the product of 1.75 times |
9 | | the Foundation Level, the general
State aid for the school |
10 | | district shall be calculated as the product of $218
multiplied |
11 | | by the Average Daily Attendance of the school
district. |
12 | | (5) The amount of general State aid allocated to a school |
13 | | district for
the 1999-2000 school year meeting the requirements |
14 | | set forth in paragraph (4)
of subsection
(G) shall be increased |
15 | | by an amount equal to the general State aid that
would have |
16 | | been received by the district for the 1998-1999 school year by
|
17 | | utilizing the Extension Limitation Equalized Assessed |
18 | | Valuation as calculated
in paragraph (4) of subsection (G) less |
19 | | the general State aid allotted for the
1998-1999
school year. |
20 | | This amount shall be deemed a one time increase, and shall not
|
21 | | affect any future general State aid allocations.
|
22 | | (F) Compilation of Average Daily Attendance. |
23 | | (1) Each school district shall, by July 1 of each year, |
24 | | submit to the State
Board of Education, on forms prescribed by |
25 | | the State Board of Education,
attendance figures for the school |
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1 | | year that began in the preceding calendar
year. The attendance |
2 | | information so transmitted shall identify the average
daily |
3 | | attendance figures for each month of the school year. Beginning |
4 | | with
the general State aid claim form for the 2002-2003 school
|
5 | | year, districts shall calculate Average Daily Attendance as |
6 | | provided in
subdivisions (a), (b), and (c) of this paragraph |
7 | | (1). |
8 | | (a) In districts that do not hold year-round classes,
|
9 | | days of attendance in August shall be added to the month of |
10 | | September and any
days of attendance in June shall be added |
11 | | to the month of May. |
12 | | (b) In districts in which all buildings hold year-round |
13 | | classes,
days of attendance in July and August shall be |
14 | | added to the month
of September and any days of attendance |
15 | | in June shall be added to
the month of May. |
16 | | (c) In districts in which some buildings, but not all, |
17 | | hold
year-round classes, for the non-year-round buildings, |
18 | | days of
attendance in August shall be added to the month of |
19 | | September
and any days of attendance in June shall be added |
20 | | to the month of
May. The average daily attendance for the |
21 | | year-round buildings
shall be computed as provided in |
22 | | subdivision (b) of this paragraph
(1). To calculate the |
23 | | Average Daily Attendance for the district, the
average |
24 | | daily attendance for the year-round buildings shall be
|
25 | | multiplied by the days in session for the non-year-round |
26 | | buildings
for each month and added to the monthly |
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1 | | attendance of the
non-year-round buildings. |
2 | | Except as otherwise provided in this Section, days of
|
3 | | attendance by pupils shall be counted only for sessions of not |
4 | | less than
5 clock hours of school work per day under direct |
5 | | supervision of: (i)
teachers, or (ii) non-teaching personnel or |
6 | | volunteer personnel when engaging
in non-teaching duties and |
7 | | supervising in those instances specified in
subsection (a) of |
8 | | Section 10-22.34 and paragraph 10 of Section 34-18, with
pupils |
9 | | of legal school age and in kindergarten and grades 1 through |
10 | | 12. |
11 | | Days of attendance by tuition pupils shall be accredited |
12 | | only to the
districts that pay the tuition to a recognized |
13 | | school. |
14 | | (2) Days of attendance by pupils of less than 5 clock hours |
15 | | of school
shall be subject to the following provisions in the |
16 | | compilation of Average
Daily Attendance. |
17 | | (a) Pupils regularly enrolled in a public school for |
18 | | only a part of
the school day may be counted on the basis |
19 | | of 1/6 day for every class hour
of instruction of 40 |
20 | | minutes or more attended pursuant to such enrollment,
|
21 | | unless a pupil is
enrolled in a block-schedule format of 80 |
22 | | minutes or more of instruction,
in which case the pupil may |
23 | | be counted on the basis of the proportion of
minutes of |
24 | | school work completed each day to the minimum number of
|
25 | | minutes that school work is required to be held that day. |
26 | | (b) (Blank). |
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1 | | (c) A session of 4 or more clock hours may be counted |
2 | | as a day of
attendance upon certification by the regional |
3 | | superintendent, and
approved by the State Superintendent |
4 | | of Education to the extent that the
district has been |
5 | | forced to use daily multiple sessions. |
6 | | (d) A session of 3 or more clock hours may be counted |
7 | | as a day of
attendance (1) when the remainder of the school |
8 | | day or at least
2 hours in the evening of that day is |
9 | | utilized for an
in-service training program for teachers, |
10 | | up to a maximum of 5 days per
school year, provided a |
11 | | district conducts an in-service
training program for |
12 | | teachers in accordance with Section 10-22.39 of this Code; |
13 | | or, in lieu of 4 such days, 2 full days may
be used, in |
14 | | which event each such day
may be counted as a day required |
15 | | for a legal school calendar pursuant to Section 10-19 of |
16 | | this Code; (1.5) when, of the 5 days allowed under item |
17 | | (1), a maximum of 4 days are used for parent-teacher |
18 | | conferences, or, in lieu of 4 such days, 2 full days are |
19 | | used, in which case each such day may be counted as a |
20 | | calendar day required under Section 10-19 of this Code, |
21 | | provided that the full-day, parent-teacher conference |
22 | | consists of (i) a minimum of 5 clock hours of |
23 | | parent-teacher conferences, (ii) both a minimum of 2 clock |
24 | | hours of parent-teacher conferences held in the evening |
25 | | following a full day of student attendance, as specified in |
26 | | subsection (F)(1)(c), and a minimum of 3 clock hours of |
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1 | | parent-teacher conferences held on the day immediately |
2 | | following evening parent-teacher conferences, or (iii) |
3 | | multiple parent-teacher conferences held in the evenings |
4 | | following full days of student attendance, as specified in |
5 | | subsection (F)(1)(c), in which the time used for the |
6 | | parent-teacher conferences is equivalent to a minimum of 5 |
7 | | clock hours; and (2) when days in
addition to
those |
8 | | provided in items (1) and (1.5) are scheduled by a school |
9 | | pursuant to its school
improvement plan adopted under |
10 | | Article 34 or its revised or amended school
improvement |
11 | | plan adopted under Article 2, provided that (i) such |
12 | | sessions of
3 or more clock hours are scheduled to occur at |
13 | | regular intervals, (ii) the
remainder of the school days in |
14 | | which such sessions occur are utilized
for in-service |
15 | | training programs or other staff development activities |
16 | | for
teachers, and (iii) a sufficient number of minutes of |
17 | | school work under the
direct supervision of teachers are |
18 | | added to the school days between such
regularly scheduled |
19 | | sessions to accumulate not less than the number of minutes
|
20 | | by which such sessions of 3 or more clock hours fall short |
21 | | of 5 clock hours.
Any full days used for the purposes of |
22 | | this paragraph shall not be considered
for
computing |
23 | | average daily attendance. Days scheduled for in-service |
24 | | training
programs, staff development activities, or |
25 | | parent-teacher conferences may be
scheduled separately for |
26 | | different
grade levels and different attendance centers of |
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1 | | the district. |
2 | | (e) A session of not less than one clock hour of |
3 | | teaching
hospitalized or homebound pupils on-site or by |
4 | | telephone to the classroom may
be counted as 1/2 day of |
5 | | attendance, however these pupils must receive 4 or
more |
6 | | clock hours of instruction to be counted for a full day of |
7 | | attendance. |
8 | | (f) A session of at least 4 clock hours may be counted |
9 | | as a day of
attendance for first grade pupils, and pupils |
10 | | in full day kindergartens,
and a session of 2 or more hours |
11 | | may be counted as 1/2 day of attendance by
pupils in |
12 | | kindergartens which provide only 1/2 day of attendance. |
13 | | (g) For children with disabilities who are below the |
14 | | age of 6 years and
who
cannot attend 2 or more clock hours |
15 | | because of their disability or
immaturity, a session of not |
16 | | less than one clock hour may be counted as 1/2 day
of |
17 | | attendance; however for such children whose educational |
18 | | needs so require
a session of 4 or more clock hours may be |
19 | | counted as a full day of attendance. |
20 | | (h) A recognized kindergarten which provides for only |
21 | | 1/2 day of
attendance by each pupil shall not have more |
22 | | than 1/2 day of attendance
counted in any one day. However, |
23 | | kindergartens may count 2 1/2 days
of
attendance in any 5 |
24 | | consecutive school days. When a pupil attends such a
|
25 | | kindergarten for 2 half days on any one school day, the |
26 | | pupil shall have
the following day as a day absent from |
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1 | | school, unless the school district
obtains permission in |
2 | | writing from the State Superintendent of Education.
|
3 | | Attendance at kindergartens which provide for a full day of |
4 | | attendance by
each pupil shall be counted the same as |
5 | | attendance by first grade pupils.
Only the first year of |
6 | | attendance in one kindergarten shall be counted,
except in |
7 | | case of children who entered the kindergarten in their |
8 | | fifth year
whose educational development requires a second |
9 | | year of kindergarten as
determined under the rules and |
10 | | regulations of the State Board of Education. |
11 | | (i) On the days when the assessment that includes a |
12 | | college and career ready determination is
administered |
13 | | under subsection (c) of Section 2-3.64a-5 of this Code, the |
14 | | day
of attendance for a pupil whose school
day must be |
15 | | shortened to accommodate required testing procedures may
|
16 | | be less than 5 clock hours and shall be counted towards the |
17 | | 176 days of actual pupil attendance required under Section |
18 | | 10-19 of this Code, provided that a sufficient number of |
19 | | minutes
of school work in excess of 5 clock hours are first |
20 | | completed on other school
days to compensate for the loss |
21 | | of school work on the examination days. |
22 | | (j) Pupils enrolled in a remote educational program |
23 | | established under Section 10-29 of this Code may be counted |
24 | | on the basis of one-fifth day of attendance for every clock |
25 | | hour of instruction attended in the remote educational |
26 | | program, provided that, in any month, the school district |
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1 | | may not claim for a student enrolled in a remote |
2 | | educational program more days of attendance than the |
3 | | maximum number of days of attendance the district can claim |
4 | | (i) for students enrolled in a building holding year-round |
5 | | classes if the student is classified as participating in |
6 | | the remote educational program on a year-round schedule or |
7 | | (ii) for students enrolled in a building not holding |
8 | | year-round classes if the student is not classified as |
9 | | participating in the remote educational program on a |
10 | | year-round schedule.
|
11 | | (G) Equalized Assessed Valuation Data. |
12 | | (1) For purposes of the calculation of Available Local |
13 | | Resources required
pursuant to subsection (D), the
State Board |
14 | | of Education shall secure from the Department of
Revenue the |
15 | | value as equalized or assessed by the Department of Revenue of
|
16 | | all taxable property of every school district, together with |
17 | | (i) the applicable
tax rate used in extending taxes for the |
18 | | funds of the district as of
September 30 of the previous year
|
19 | | and (ii) the limiting rate for all school
districts subject to |
20 | | property tax extension limitations as imposed under the
|
21 | | Property Tax Extension Limitation Law.
|
22 | | The Department of Revenue shall add to the equalized |
23 | | assessed value of all
taxable
property of each school district |
24 | | situated entirely or partially within a county
that is or was |
25 | | subject to the
provisions of Section 15-176 or 15-177 of the |
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1 | | Property Tax Code (a)
an amount equal to the total amount by |
2 | | which the
homestead exemption allowed under Section 15-176 or |
3 | | 15-177 of the Property Tax Code for
real
property situated in |
4 | | that school district exceeds the total amount that would
have |
5 | | been
allowed in that school district if the maximum reduction |
6 | | under Section 15-176
was
(i) $4,500 in Cook County or $3,500 in |
7 | | all other counties in tax year 2003 or (ii) $5,000 in all |
8 | | counties in tax year 2004 and thereafter and (b) an amount |
9 | | equal to the aggregate amount for the taxable year of all |
10 | | additional exemptions under Section 15-175 of the Property Tax |
11 | | Code for owners with a household income of $30,000 or less. The |
12 | | county clerk of any county that is or was subject to the |
13 | | provisions of Section 15-176 or 15-177 of the Property Tax Code |
14 | | shall
annually calculate and certify to the Department of |
15 | | Revenue for each school
district all
homestead exemption |
16 | | amounts under Section 15-176 or 15-177 of the Property Tax Code |
17 | | and all amounts of additional exemptions under Section 15-175 |
18 | | of the Property Tax Code for owners with a household income of |
19 | | $30,000 or less. It is the intent of this paragraph that if the |
20 | | general homestead exemption for a parcel of property is |
21 | | determined under Section 15-176 or 15-177 of the Property Tax |
22 | | Code rather than Section 15-175, then the calculation of |
23 | | Available Local Resources shall not be affected by the |
24 | | difference, if any, between the amount of the general homestead |
25 | | exemption allowed for that parcel of property under Section |
26 | | 15-176 or 15-177 of the Property Tax Code and the amount that |
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1 | | would have been allowed had the general homestead exemption for |
2 | | that parcel of property been determined under Section 15-175 of |
3 | | the Property Tax Code. It is further the intent of this |
4 | | paragraph that if additional exemptions are allowed under |
5 | | Section 15-175 of the Property Tax Code for owners with a |
6 | | household income of less than $30,000, then the calculation of |
7 | | Available Local Resources shall not be affected by the |
8 | | difference, if any, because of those additional exemptions. |
9 | | This equalized assessed valuation, as adjusted further by |
10 | | the requirements of
this subsection, shall be utilized in the |
11 | | calculation of Available Local
Resources. |
12 | | (2) The equalized assessed valuation in paragraph (1) shall |
13 | | be adjusted, as
applicable, in the following manner: |
14 | | (a) For the purposes of calculating State aid under |
15 | | this Section,
with respect to any part of a school district |
16 | | within a redevelopment
project area in respect to which a |
17 | | municipality has adopted tax
increment allocation |
18 | | financing pursuant to the Tax Increment Allocation
|
19 | | Redevelopment Act, Sections 11-74.4-1 through 11-74.4-11 |
20 | | of the Illinois
Municipal Code or the Industrial Jobs |
21 | | Recovery Law, Sections 11-74.6-1 through
11-74.6-50 of the |
22 | | Illinois Municipal Code, no part of the current equalized
|
23 | | assessed valuation of real property located in any such |
24 | | project area which is
attributable to an increase above the |
25 | | total initial equalized assessed
valuation of such |
26 | | property shall be used as part of the equalized assessed
|
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1 | | valuation of the district, until such time as all
|
2 | | redevelopment project costs have been paid, as provided in |
3 | | Section 11-74.4-8
of the Tax Increment Allocation |
4 | | Redevelopment Act or in Section 11-74.6-35 of
the |
5 | | Industrial Jobs Recovery Law. For the purpose of
the |
6 | | equalized assessed valuation of the
district, the total |
7 | | initial equalized assessed valuation or the current
|
8 | | equalized assessed valuation, whichever is lower, shall be |
9 | | used until
such time as all redevelopment project costs |
10 | | have been paid. |
11 | | (b) The real property equalized assessed valuation for |
12 | | a school district
shall be adjusted by subtracting from the |
13 | | real property
value as equalized or assessed by the |
14 | | Department of Revenue for the
district an amount computed |
15 | | by dividing the amount of any abatement of
taxes under |
16 | | Section 18-170 of the Property Tax Code by 3.00% for a |
17 | | district
maintaining grades kindergarten through 12, by |
18 | | 2.30% for a district
maintaining grades kindergarten |
19 | | through 8, or by 1.05% for a
district
maintaining grades 9 |
20 | | through 12 and adjusted by an amount computed by dividing
|
21 | | the amount of any abatement of taxes under subsection (a) |
22 | | of Section 18-165 of
the Property Tax Code by the same |
23 | | percentage rates for district type as
specified in this |
24 | | subparagraph (b). |
25 | | (3) For the 1999-2000 school year and each school year |
26 | | thereafter, if a
school district meets all of the criteria of |
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1 | | this subsection (G)(3), the school
district's Available Local |
2 | | Resources shall be calculated under subsection (D)
using the |
3 | | district's Extension Limitation Equalized Assessed Valuation |
4 | | as
calculated under this
subsection (G)(3). |
5 | | For purposes of this subsection (G)(3) the following terms |
6 | | shall have
the following meanings: |
7 | | "Budget Year": The school year for which general State |
8 | | aid is calculated
and
awarded under subsection (E). |
9 | | "Base Tax Year": The property tax levy year used to |
10 | | calculate the Budget
Year
allocation of general State aid. |
11 | | "Preceding Tax Year": The property tax levy year |
12 | | immediately preceding the
Base Tax Year. |
13 | | "Base Tax Year's Tax Extension": The product of the |
14 | | equalized assessed
valuation utilized by the County Clerk |
15 | | in the Base Tax Year multiplied by the
limiting rate as |
16 | | calculated by the County Clerk and defined in the Property |
17 | | Tax
Extension Limitation Law. |
18 | | "Preceding Tax Year's Tax Extension": The product of |
19 | | the equalized assessed
valuation utilized by the County |
20 | | Clerk in the Preceding Tax Year multiplied by
the Operating |
21 | | Tax Rate as defined in subsection (A). |
22 | | "Extension Limitation Ratio": A numerical ratio, |
23 | | certified by the
County Clerk, in which the numerator is |
24 | | the Base Tax Year's Tax
Extension and the denominator is |
25 | | the Preceding Tax Year's Tax Extension. |
26 | | "Operating Tax Rate": The operating tax rate as defined |
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1 | | in subsection (A). |
2 | | If a school district is subject to property tax extension |
3 | | limitations as
imposed under
the Property Tax Extension |
4 | | Limitation Law, the State Board of Education shall
calculate |
5 | | the Extension
Limitation
Equalized Assessed Valuation of that |
6 | | district. For the 1999-2000 school
year, the
Extension |
7 | | Limitation Equalized Assessed Valuation of a school district as
|
8 | | calculated by the State Board of Education shall be equal to |
9 | | the product of the
district's 1996 Equalized Assessed Valuation |
10 | | and the district's Extension
Limitation Ratio. Except as |
11 | | otherwise provided in this paragraph for a school district that |
12 | | has approved or does approve an increase in its limiting rate, |
13 | | for the 2000-2001 school year and each school year
thereafter,
|
14 | | the Extension Limitation Equalized Assessed Valuation of a |
15 | | school district as
calculated by the State Board of Education |
16 | | shall be equal to the product of
the Equalized Assessed |
17 | | Valuation last used in the calculation of general State
aid and |
18 | | the
district's Extension Limitation Ratio. If the Extension |
19 | | Limitation
Equalized
Assessed Valuation of a school district as |
20 | | calculated under
this subsection (G)(3) is less than the |
21 | | district's equalized assessed valuation
as calculated pursuant |
22 | | to subsections (G)(1) and (G)(2), then for purposes of
|
23 | | calculating the district's general State aid for the Budget |
24 | | Year pursuant to
subsection (E), that Extension
Limitation |
25 | | Equalized Assessed Valuation shall be utilized to calculate the
|
26 | | district's Available Local Resources
under subsection (D). For |
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1 | | the 2009-2010 school year and each school year thereafter, if a |
2 | | school district has approved or does approve an increase in its |
3 | | limiting rate, pursuant to Section 18-190 of the Property Tax |
4 | | Code, affecting the Base Tax Year, the Extension Limitation |
5 | | Equalized Assessed Valuation of the school district, as |
6 | | calculated by the State Board of Education, shall be equal to |
7 | | the product of the Equalized Assessed Valuation last used in |
8 | | the calculation of general State aid times an amount equal to |
9 | | one plus the percentage increase, if any, in the Consumer Price |
10 | | Index for all Urban Consumers for all items published by the |
11 | | United States Department of Labor for the 12-month calendar |
12 | | year preceding the Base Tax Year, plus the Equalized Assessed |
13 | | Valuation of new property, annexed property, and recovered tax |
14 | | increment value and minus the Equalized Assessed Valuation of |
15 | | disconnected property. New property and recovered tax |
16 | | increment value shall have the meanings set forth in the |
17 | | Property Tax Extension Limitation Law. |
18 | | Partial elementary unit districts created in accordance |
19 | | with Article 11E of this Code shall not be eligible for the |
20 | | adjustment in this subsection (G)(3) until the fifth year |
21 | | following the effective date of the reorganization.
|
22 | | (3.5) For the 2010-2011 school year and each school year |
23 | | thereafter, if a school district's boundaries span multiple |
24 | | counties, then the Department of Revenue shall send to the |
25 | | State Board of Education, for the purpose of calculating |
26 | | general State aid, the limiting rate and individual rates by |
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1 | | purpose for the county that contains the majority of the school |
2 | | district's Equalized Assessed Valuation. |
3 | | (4) For the purposes of calculating general State aid for |
4 | | the 1999-2000
school year only, if a school district |
5 | | experienced a triennial reassessment on
the equalized assessed |
6 | | valuation used in calculating its general State
financial aid |
7 | | apportionment for the 1998-1999 school year, the State Board of
|
8 | | Education shall calculate the Extension Limitation Equalized |
9 | | Assessed Valuation
that would have been used to calculate the |
10 | | district's 1998-1999 general State
aid. This amount shall equal |
11 | | the product of the equalized assessed valuation
used to
|
12 | | calculate general State aid for the 1997-1998 school year and |
13 | | the district's
Extension Limitation Ratio. If the Extension |
14 | | Limitation Equalized Assessed
Valuation of the school district |
15 | | as calculated under this paragraph (4) is
less than the |
16 | | district's equalized assessed valuation utilized in |
17 | | calculating
the
district's 1998-1999 general State aid |
18 | | allocation, then for purposes of
calculating the district's |
19 | | general State aid pursuant to paragraph (5) of
subsection (E),
|
20 | | that Extension Limitation Equalized Assessed Valuation shall |
21 | | be utilized to
calculate the district's Available Local |
22 | | Resources. |
23 | | (5) For school districts having a majority of their |
24 | | equalized assessed
valuation in any county except Cook, DuPage, |
25 | | Kane, Lake, McHenry, or Will, if
the amount of general State |
26 | | aid allocated to the school district for the
1999-2000 school |
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1 | | year under the provisions of subsection (E), (H), and (J) of
|
2 | | this Section is less than the amount of general State aid |
3 | | allocated to the
district for the 1998-1999 school year under |
4 | | these subsections, then the
general
State aid of the district |
5 | | for the 1999-2000 school year only shall be increased
by the |
6 | | difference between these amounts. The total payments made under |
7 | | this
paragraph (5) shall not exceed $14,000,000. Claims shall |
8 | | be prorated if they
exceed $14,000,000.
|
9 | | (H) Supplemental General State Aid. |
10 | | (1) In addition to the general State aid a school district |
11 | | is allotted
pursuant to subsection (E), qualifying school |
12 | | districts shall receive a grant,
paid in conjunction with a |
13 | | district's payments of general State aid, for
supplemental |
14 | | general State aid based upon the concentration level of |
15 | | children
from low-income households within the school |
16 | | district.
Supplemental State aid grants provided for school |
17 | | districts under this
subsection shall be appropriated for |
18 | | distribution to school districts as part
of the same line item |
19 | | in which the general State financial aid of school
districts is |
20 | | appropriated under this Section.
|
21 | | (1.5) This paragraph (1.5) applies only to those school |
22 | | years
preceding the 2003-2004 school year.
For purposes of this
|
23 | | subsection (H), the term "Low-Income Concentration Level" |
24 | | shall be the
low-income
eligible pupil count from the most |
25 | | recently available federal census divided by
the Average Daily |
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1 | | Attendance of the school district.
If, however, (i) the |
2 | | percentage decrease from the 2 most recent federal
censuses
in |
3 | | the low-income eligible pupil count of a high school district |
4 | | with fewer
than 400 students exceeds by 75% or more the |
5 | | percentage change in the total
low-income eligible pupil count |
6 | | of contiguous elementary school districts,
whose boundaries |
7 | | are coterminous with the high school district,
or (ii) a high |
8 | | school district within 2 counties and serving 5 elementary
|
9 | | school
districts, whose boundaries are coterminous with the |
10 | | high school
district, has a percentage decrease from the 2 most |
11 | | recent federal
censuses in the low-income eligible pupil count |
12 | | and there is a percentage
increase in the total low-income |
13 | | eligible pupil count of a majority of the
elementary school |
14 | | districts in excess of 50% from the 2 most recent
federal |
15 | | censuses, then
the
high school district's low-income eligible |
16 | | pupil count from the earlier federal
census
shall be the number |
17 | | used as the low-income eligible pupil count for the high
school |
18 | | district, for purposes of this subsection (H).
The changes made |
19 | | to this paragraph (1) by Public Act 92-28 shall apply to
|
20 | | supplemental general State aid
grants for school years |
21 | | preceding the 2003-2004 school year that are paid
in fiscal |
22 | | year 1999 or thereafter
and to
any State aid payments made in |
23 | | fiscal year 1994 through fiscal year
1998 pursuant to |
24 | | subsection 1(n) of Section 18-8 of this Code (which was
|
25 | | repealed on July 1, 1998), and any high school district that is |
26 | | affected by
Public Act 92-28 is
entitled to a
recomputation of |
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1 | | its supplemental general State aid grant or State aid
paid in |
2 | | any of those fiscal years. This recomputation shall not be
|
3 | | affected by any other funding. |
4 | | (1.10) This paragraph (1.10) applies to the 2003-2004 |
5 | | school year
and each school year thereafter. For purposes of |
6 | | this subsection (H), the
term "Low-Income Concentration Level" |
7 | | shall, for each fiscal year, be the
low-income eligible
pupil |
8 | | count
as of July 1 of the immediately preceding fiscal year
(as |
9 | | determined by the Department of Human Services based
on the |
10 | | number of pupils
who are eligible for at least one of the |
11 | | following
low income programs: Medicaid, the Children's Health |
12 | | Insurance Program, TANF, or Food Stamps,
excluding pupils who |
13 | | are eligible for services provided by the Department
of |
14 | | Children and Family Services,
averaged over
the 2 immediately |
15 | | preceding fiscal years for fiscal year 2004 and over the 3
|
16 | | immediately preceding fiscal years for each fiscal year |
17 | | thereafter)
divided by the Average Daily Attendance of the |
18 | | school district. |
19 | | (2) Supplemental general State aid pursuant to this |
20 | | subsection (H) shall
be
provided as follows for the 1998-1999, |
21 | | 1999-2000, and 2000-2001 school years
only: |
22 | | (a) For any school district with a Low Income |
23 | | Concentration Level of at
least 20% and less than 35%, the |
24 | | grant for any school year
shall be $800
multiplied by the |
25 | | low income eligible pupil count. |
26 | | (b) For any school district with a Low Income |
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1 | | Concentration Level of at
least 35% and less than 50%, the |
2 | | grant for the 1998-1999 school year shall be
$1,100 |
3 | | multiplied by the low income eligible pupil count. |
4 | | (c) For any school district with a Low Income |
5 | | Concentration Level of at
least 50% and less than 60%, the |
6 | | grant for the 1998-99 school year shall be
$1,500 |
7 | | multiplied by the low income eligible pupil count. |
8 | | (d) For any school district with a Low Income |
9 | | Concentration Level of 60%
or more, the grant for the |
10 | | 1998-99 school year shall be $1,900 multiplied by
the low |
11 | | income eligible pupil count. |
12 | | (e) For the 1999-2000 school year, the per pupil amount |
13 | | specified in
subparagraphs (b), (c), and (d) immediately |
14 | | above shall be increased to $1,243,
$1,600, and $2,000, |
15 | | respectively. |
16 | | (f) For the 2000-2001 school year, the per pupil |
17 | | amounts specified in
subparagraphs (b), (c), and (d) |
18 | | immediately above shall be
$1,273, $1,640, and $2,050, |
19 | | respectively. |
20 | | (2.5) Supplemental general State aid pursuant to this |
21 | | subsection (H)
shall be provided as follows for the 2002-2003 |
22 | | school year: |
23 | | (a) For any school district with a Low Income |
24 | | Concentration Level of less
than 10%, the grant for each |
25 | | school year shall be $355 multiplied by the low
income |
26 | | eligible pupil count. |
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1 | | (b) For any school district with a Low Income |
2 | | Concentration
Level of at least 10% and less than 20%, the |
3 | | grant for each school year shall
be $675
multiplied by the |
4 | | low income eligible pupil
count. |
5 | | (c) For any school district with a Low Income |
6 | | Concentration
Level of at least 20% and less than 35%, the |
7 | | grant for each school year shall
be $1,330
multiplied by |
8 | | the low income eligible pupil
count. |
9 | | (d) For any school district with a Low Income |
10 | | Concentration
Level of at least 35% and less than 50%, the |
11 | | grant for each school year shall
be $1,362
multiplied by |
12 | | the low income eligible pupil
count. |
13 | | (e) For any school district with a Low Income |
14 | | Concentration
Level of at least 50% and less than 60%, the |
15 | | grant for each school year shall
be $1,680
multiplied by |
16 | | the low income eligible pupil
count. |
17 | | (f) For any school district with a Low Income |
18 | | Concentration
Level of 60% or more, the grant for each |
19 | | school year shall be $2,080
multiplied by the low income |
20 | | eligible pupil count. |
21 | | (2.10) Except as otherwise provided, supplemental general |
22 | | State aid
pursuant to this subsection
(H) shall be provided as |
23 | | follows for the 2003-2004 school year and each
school year |
24 | | thereafter: |
25 | | (a) For any school district with a Low Income |
26 | | Concentration
Level of 15% or less, the grant for each |
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1 | | school year
shall be $355 multiplied by the low income |
2 | | eligible pupil count. |
3 | | (b) For any school district with a Low Income |
4 | | Concentration
Level greater than 15%, the grant for each |
5 | | school year shall be
$294.25 added to the product of $2,700 |
6 | | and the square of the Low
Income Concentration Level, all |
7 | | multiplied by the low income
eligible pupil count. |
8 | | For the 2003-2004 school year and each school year |
9 | | thereafter through the 2008-2009 school year only, the grant |
10 | | shall be no less than the
grant
for
the 2002-2003 school year. |
11 | | For the 2009-2010 school year only, the grant shall
be no
less |
12 | | than the grant for the 2002-2003 school year multiplied by |
13 | | 0.66. For the 2010-2011
school year only, the grant shall be no |
14 | | less than the grant for the 2002-2003
school year
multiplied by |
15 | | 0.33. Notwithstanding the provisions of this paragraph to the |
16 | | contrary, if for any school year supplemental general State aid |
17 | | grants are prorated as provided in paragraph (1) of this |
18 | | subsection (H), then the grants under this paragraph shall be |
19 | | prorated.
|
20 | | For the 2003-2004 school year only, the grant shall be no |
21 | | greater
than the grant received during the 2002-2003 school |
22 | | year added to the
product of 0.25 multiplied by the difference |
23 | | between the grant amount
calculated under subsection (a) or (b) |
24 | | of this paragraph (2.10), whichever
is applicable, and the |
25 | | grant received during the 2002-2003 school year.
For the |
26 | | 2004-2005 school year only, the grant shall be no greater than
|
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1 | | the grant received during the 2002-2003 school year added to |
2 | | the
product of 0.50 multiplied by the difference between the |
3 | | grant amount
calculated under subsection (a) or (b) of this |
4 | | paragraph (2.10), whichever
is applicable, and the grant |
5 | | received during the 2002-2003 school year.
For the 2005-2006 |
6 | | school year only, the grant shall be no greater than
the grant |
7 | | received during the 2002-2003 school year added to the
product |
8 | | of 0.75 multiplied by the difference between the grant amount
|
9 | | calculated under subsection (a) or (b) of this paragraph |
10 | | (2.10), whichever
is applicable, and the grant received during |
11 | | the 2002-2003
school year. |
12 | | (3) School districts with an Average Daily Attendance of |
13 | | more than 1,000
and less than 50,000 that qualify for |
14 | | supplemental general State aid pursuant
to this subsection |
15 | | shall submit a plan to the State Board of Education prior to
|
16 | | October 30 of each year for the use of the funds resulting from |
17 | | this grant of
supplemental general State aid for the |
18 | | improvement of
instruction in which priority is given to |
19 | | meeting the education needs of
disadvantaged children. Such |
20 | | plan shall be submitted in accordance with
rules and |
21 | | regulations promulgated by the State Board of Education. |
22 | | (4) School districts with an Average Daily Attendance of |
23 | | 50,000 or more
that qualify for supplemental general State aid |
24 | | pursuant to this subsection
shall be required to distribute |
25 | | from funds available pursuant to this Section,
no less than |
26 | | $261,000,000 in accordance with the following requirements: |
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1 | | (a) The required amounts shall be distributed to the |
2 | | attendance centers
within the district in proportion to the |
3 | | number of pupils enrolled at each
attendance center who are |
4 | | eligible to receive free or reduced-price lunches or
|
5 | | breakfasts under the federal Child Nutrition Act of 1966 |
6 | | and under the National
School Lunch Act during the |
7 | | immediately preceding school year. |
8 | | (b) The distribution of these portions of supplemental |
9 | | and general State
aid among attendance centers according to |
10 | | these requirements shall not be
compensated for or |
11 | | contravened by adjustments of the total of other funds
|
12 | | appropriated to any attendance centers, and the Board of |
13 | | Education shall
utilize funding from one or several sources |
14 | | in order to fully implement this
provision annually prior |
15 | | to the opening of school. |
16 | | (c) Each attendance center shall be provided by the
|
17 | | school district a distribution of noncategorical funds and |
18 | | other
categorical funds to which an attendance center is |
19 | | entitled under law in
order that the general State aid and |
20 | | supplemental general State aid provided
by application of |
21 | | this subsection supplements rather than supplants the
|
22 | | noncategorical funds and other categorical funds provided |
23 | | by the school
district to the attendance centers. |
24 | | (d) Any funds made available under this subsection that |
25 | | by reason of the
provisions of this subsection are not
|
26 | | required to be allocated and provided to attendance centers |
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1 | | may be used and
appropriated by the board of the district |
2 | | for any lawful school purpose. |
3 | | (e) Funds received by an attendance center
pursuant to |
4 | | this
subsection shall be used
by the attendance center at |
5 | | the discretion
of the principal and local school council |
6 | | for programs to improve educational
opportunities at |
7 | | qualifying schools through the following programs and
|
8 | | services: early childhood education, reduced class size or |
9 | | improved adult to
student classroom ratio, enrichment |
10 | | programs, remedial assistance, attendance
improvement, and |
11 | | other educationally beneficial expenditures which
|
12 | | supplement
the regular and basic programs as determined by |
13 | | the State Board of Education.
Funds provided shall not be |
14 | | expended for any political or lobbying purposes
as defined |
15 | | by board rule. |
16 | | (f) Each district subject to the provisions of this |
17 | | subdivision (H)(4)
shall submit an
acceptable plan to meet |
18 | | the educational needs of disadvantaged children, in
|
19 | | compliance with the requirements of this paragraph, to the |
20 | | State Board of
Education prior to July 15 of each year. |
21 | | This plan shall be consistent with the
decisions of local |
22 | | school councils concerning the school expenditure plans
|
23 | | developed in accordance with part 4 of Section 34-2.3. The |
24 | | State Board shall
approve or reject the plan within 60 days |
25 | | after its submission. If the plan is
rejected, the district |
26 | | shall give written notice of intent to modify the plan
|
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1 | | within 15 days of the notification of rejection and then |
2 | | submit a modified plan
within 30 days after the date of the |
3 | | written notice of intent to modify.
Districts may amend |
4 | | approved plans pursuant to rules promulgated by the State
|
5 | | Board of Education. |
6 | | Upon notification by the State Board of Education that |
7 | | the district has
not submitted a plan prior to July 15 or a |
8 | | modified plan within the time
period specified herein, the
|
9 | | State aid funds affected by that plan or modified plan |
10 | | shall be withheld by the
State Board of Education until a |
11 | | plan or modified plan is submitted. |
12 | | If the district fails to distribute State aid to |
13 | | attendance centers in
accordance with an approved plan, the |
14 | | plan for the following year shall
allocate funds, in |
15 | | addition to the funds otherwise required by this
|
16 | | subsection, to those attendance centers which were |
17 | | underfunded during the
previous year in amounts equal to |
18 | | such underfunding. |
19 | | For purposes of determining compliance with this |
20 | | subsection in relation
to the requirements of attendance |
21 | | center funding, each district subject to the
provisions of |
22 | | this
subsection shall submit as a separate document by |
23 | | December 1 of each year a
report of expenditure data for |
24 | | the prior year in addition to any
modification of its |
25 | | current plan. If it is determined that there has been
a |
26 | | failure to comply with the expenditure provisions of this |
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1 | | subsection
regarding contravention or supplanting, the |
2 | | State Superintendent of
Education shall, within 60 days of |
3 | | receipt of the report, notify the
district and any affected |
4 | | local school council. The district shall within
45 days of |
5 | | receipt of that notification inform the State |
6 | | Superintendent of
Education of the remedial or corrective |
7 | | action to be taken, whether by
amendment of the current |
8 | | plan, if feasible, or by adjustment in the plan
for the |
9 | | following year. Failure to provide the expenditure report |
10 | | or the
notification of remedial or corrective action in a |
11 | | timely manner shall
result in a withholding of the affected |
12 | | funds. |
13 | | The State Board of Education shall promulgate rules and |
14 | | regulations
to implement the provisions of this |
15 | | subsection. No funds shall be released
under this |
16 | | subdivision (H)(4) to any district that has not submitted a |
17 | | plan
that has been approved by the State Board of |
18 | | Education.
|
19 | | (I) (Blank).
|
20 | | (J) (Blank).
|
21 | | (K) Grants to Laboratory and Alternative Schools. |
22 | | In calculating the amount to be paid to the governing board |
23 | | of a public
university that operates a laboratory school under |
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1 | | this Section or to any
alternative school that is operated by a |
2 | | regional superintendent of schools,
the State
Board of |
3 | | Education shall require by rule such reporting requirements as |
4 | | it
deems necessary. |
5 | | As used in this Section, "laboratory school" means a public |
6 | | school which is
created and operated by a public university and |
7 | | approved by the State Board of
Education. The governing board |
8 | | of a public university which receives funds
from the State |
9 | | Board under this subsection (K) may not increase the number of
|
10 | | students enrolled in its laboratory
school from a single |
11 | | district, if that district is already sending 50 or more
|
12 | | students, except under a mutual agreement between the school |
13 | | board of a
student's district of residence and the university |
14 | | which operates the
laboratory school. A laboratory school may |
15 | | not have more than 1,000 students,
excluding students with |
16 | | disabilities in a special education program. |
17 | | As used in this Section, "alternative school" means a |
18 | | public school which is
created and operated by a Regional |
19 | | Superintendent of Schools and approved by
the State Board of |
20 | | Education. Such alternative schools may offer courses of
|
21 | | instruction for which credit is given in regular school |
22 | | programs, courses to
prepare students for the high school |
23 | | equivalency testing program or vocational
and occupational |
24 | | training. A regional superintendent of schools may contract
|
25 | | with a school district or a public community college district |
26 | | to operate an
alternative school. An alternative school serving |
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1 | | more than one educational
service region may be established by |
2 | | the regional superintendents of schools
of the affected |
3 | | educational service regions. An alternative school
serving |
4 | | more than one educational service region may be operated under |
5 | | such
terms as the regional superintendents of schools of those |
6 | | educational service
regions may agree. |
7 | | Each laboratory and alternative school shall file, on forms |
8 | | provided by the
State Superintendent of Education, an annual |
9 | | State aid claim which states the
Average Daily Attendance of |
10 | | the school's students by month. The best 3 months'
Average |
11 | | Daily Attendance shall be computed for each school.
The general |
12 | | State aid entitlement shall be computed by multiplying the
|
13 | | applicable Average Daily Attendance by the Foundation Level as |
14 | | determined under
this Section.
|
15 | | (L) Payments, Additional Grants in Aid and Other Requirements. |
16 | | (1) For a school district operating under the financial |
17 | | supervision
of an Authority created under Article 34A, the |
18 | | general State aid otherwise
payable to that district under this |
19 | | Section, but not the supplemental general
State aid, shall be |
20 | | reduced by an amount equal to the budget for
the operations of |
21 | | the Authority as certified by the Authority to the State
Board |
22 | | of Education, and an amount equal to such reduction shall be |
23 | | paid
to the Authority created for such district for its |
24 | | operating expenses in
the manner provided in Section 18-11. The |
25 | | remainder
of general State school aid for any such district |
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1 | | shall be paid in accordance
with Article 34A when that Article |
2 | | provides for a disposition other than that
provided by this |
3 | | Article. |
4 | | (2) (Blank). |
5 | | (3) Summer school. Summer school payments shall be made as |
6 | | provided in
Section 18-4.3. |
7 | | (4) For the 2015-2016 school year and each school year |
8 | | thereafter, the State Board of Education shall, subject to |
9 | | appropriation, provide a supplemental grant to entities that |
10 | | receive general State aid to limit the loss per student due to |
11 | | the difference between the general State aid claim as |
12 | | calculated under this Section and the amount appropriated for |
13 | | purposes of this Section divided by the Average Daily |
14 | | Attendance as set forth in paragraph (2) of subsection (C) of |
15 | | this Section. This supplemental grant must be paid first to the |
16 | | entity with the greatest loss per student and then to the next |
17 | | entity with the greatest loss per student until losses per |
18 | | student are reduced to their smallest possible amount given |
19 | | this appropriation. |
20 | | For the 2016-2017 school year and each school year |
21 | | thereafter, no entity that receives general State aid may |
22 | | receive a smaller percentage of its general State aid claim as |
23 | | calculated under this Section than the entity received in the |
24 | | 2015-2016 school year.
|
25 | | (M) Education Funding Advisory Board. |
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1 | | The Education Funding Advisory
Board, hereinafter in this |
2 | | subsection (M) referred to as the "Board", is hereby
created. |
3 | | The Board
shall consist of 5 members who are appointed by the |
4 | | Governor, by and with the
advice and consent of the Senate. The |
5 | | members appointed shall include
representatives of education, |
6 | | business, and the general public. One of the
members so |
7 | | appointed shall be
designated by the Governor at the time the |
8 | | appointment is made as the
chairperson of the
Board.
The |
9 | | initial members of the Board may
be appointed any time after |
10 | | the effective date of this amendatory Act of
1997. The regular |
11 | | term of each member of the
Board shall be for 4 years from the |
12 | | third Monday of January of the
year in which the term of the |
13 | | member's appointment is to commence, except that
of the 5 |
14 | | initial members appointed to serve on the
Board, the member who |
15 | | is appointed as the chairperson shall serve for
a term that |
16 | | commences on the date of his or her appointment and expires on |
17 | | the
third Monday of January, 2002, and the remaining 4 members, |
18 | | by lots drawn at
the first meeting of the Board that is
held
|
19 | | after all 5 members are appointed, shall determine 2 of their |
20 | | number to serve
for terms that commence on the date of their
|
21 | | respective appointments and expire on the third
Monday of |
22 | | January, 2001,
and 2 of their number to serve for terms that |
23 | | commence
on the date of their respective appointments and |
24 | | expire on the third Monday
of January, 2000. All members |
25 | | appointed to serve on the
Board shall serve until their |
26 | | respective successors are
appointed and confirmed. Vacancies |
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1 | | shall be filled in the same manner as
original appointments. If |
2 | | a vacancy in membership occurs at a time when the
Senate is not |
3 | | in session, the Governor shall make a temporary appointment |
4 | | until
the next meeting of the Senate, when he or she shall |
5 | | appoint, by and with the
advice and consent of the Senate, a |
6 | | person to fill that membership for the
unexpired term. If the |
7 | | Senate is not in session when the initial appointments
are |
8 | | made, those appointments shall
be made as in the case of |
9 | | vacancies. |
10 | | The Education Funding Advisory Board shall be deemed |
11 | | established,
and the initial
members appointed by the Governor |
12 | | to serve as members of the
Board shall take office,
on the date |
13 | | that the
Governor makes his or her appointment of the fifth |
14 | | initial member of the
Board, whether those initial members are |
15 | | then serving
pursuant to appointment and confirmation or |
16 | | pursuant to temporary appointments
that are made by the |
17 | | Governor as in the case of vacancies. |
18 | | The State Board of Education shall provide such staff |
19 | | assistance to the
Education Funding Advisory Board as is |
20 | | reasonably required for the proper
performance by the Board of |
21 | | its responsibilities. |
22 | | For school years after the 2000-2001 school year, the |
23 | | Education
Funding Advisory Board, in consultation with the |
24 | | State Board of Education,
shall make recommendations as |
25 | | provided in this subsection (M) to the General
Assembly for the |
26 | | foundation level under subdivision (B)(3) of this Section and
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1 | | for the
supplemental general State aid grant level under |
2 | | subsection (H) of this Section
for districts with high |
3 | | concentrations of children from poverty. The
recommended |
4 | | foundation level shall be determined based on a methodology |
5 | | which
incorporates the basic education expenditures of |
6 | | low-spending schools
exhibiting high academic performance. The |
7 | | Education Funding Advisory Board
shall make such |
8 | | recommendations to the General Assembly on January 1 of odd
|
9 | | numbered years, beginning January 1, 2001.
|
10 | | (N) (Blank).
|
11 | | (O) References. |
12 | | (1) References in other laws to the various subdivisions of
|
13 | | Section 18-8 as that Section existed before its repeal and |
14 | | replacement by this
Section 18-8.05 shall be deemed to refer to |
15 | | the corresponding provisions of
this Section 18-8.05, to the |
16 | | extent that those references remain applicable. |
17 | | (2) References in other laws to State Chapter 1 funds shall |
18 | | be deemed to
refer to the supplemental general State aid |
19 | | provided under subsection (H) of
this Section. |
20 | | (P) Public Act 93-838 and Public Act 93-808 make inconsistent |
21 | | changes to this Section. Under Section 6 of the Statute on |
22 | | Statutes there is an irreconcilable conflict between Public Act |
23 | | 93-808 and Public Act 93-838. Public Act 93-838, being the last |
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1 | | acted upon, is controlling. The text of Public Act 93-838 is |
2 | | the law regardless of the text of Public Act 93-808. |
3 | | (Q) State Fiscal Year 2015 Payments. |
4 | | For payments made for State fiscal year 2015, the State |
5 | | Board of Education shall, for each school district, calculate |
6 | | that district's pro-rata share of a minimum sum of $13,600,000 |
7 | | or additional amounts as needed from the total net General |
8 | | State Aid funding as calculated under this Section that shall |
9 | | be deemed attributable to the provision of special educational |
10 | | facilities and services, as defined in Section 14-1.08 of this |
11 | | Code, in a manner that ensures compliance with maintenance of |
12 | | State financial support requirements under the federal |
13 | | Individuals with Disabilities Education Act. Each school |
14 | | district must use such funds only for the provision of special |
15 | | educational facilities and services, as defined in Section |
16 | | 14-1.08 of this Code, and must comply with any expenditure |
17 | | verification procedures adopted by the State Board of |
18 | | Education. |
19 | | (R) Repealer. |
20 | | This Section is repealed on June 1, 2017. |
21 | | (Source: P.A. 98-972, eff. 8-15-14; 99-2, eff. 3-26-15.) |
22 | | (105 ILCS 5/18-21 new) |
23 | | Sec. 18-21. General State Aid Committee. |
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1 | | (a) There is created a General State Aid Committee to |
2 | | propose a revised school funding formula for Illinois schools. |
3 | | The Committee shall consist of the following members, all of |
4 | | whom shall serve without compensation but shall be reimbursed |
5 | | for their travel expenses from appropriations to the State |
6 | | Board of Education available for that purpose and subject to |
7 | | the rules of the Legislative Travel Control Board: |
8 | | (1) Three members appointed by the Speaker of the House |
9 | | of Representatives, one of whom shall serve as |
10 | | co-chairperson. |
11 | | (2) Three members appointed by the Minority Leader of |
12 | | the House of Representatives, one of whom shall serve as |
13 | | co-chairperson. |
14 | | (3) Three members appointed by the President of the |
15 | | Senate, one of whom shall serve as co-chairperson. |
16 | | (4) Three members appointed by the Minority Leader of |
17 | | the Senate, one of whom shall serve as co-chairperson. |
18 | | (b) The General State Aid Committee shall meet within 30 |
19 | | days of the effective date of this amendatory Act of the 99th |
20 | | General Assembly. Thereafter, the Committee shall meet at the |
21 | | call of the co-chairpersons. The State Board of Education shall |
22 | | provide administrative and other support to the Committee. |
23 | | (c) The General State Aid Committee shall propose a new |
24 | | school funding formula for public schools in this State. The |
25 | | Committee must establish a school funding formula that provides |
26 | | adequate, equitable, transparent, and accountable distribution |
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1 | | of funds to school districts that will prepare students for |
2 | | success after high school. |
3 | | (d) The Committee shall submit its proposed school funding |
4 | | formula to the General Assembly for consideration on or before |
5 | | December 31, 2016 by filing copies of its proposal as provided |
6 | | in Section 3.1 of the General Assembly Organization Act. Upon |
7 | | filing its proposal, the Committee is dissolved. |
8 | | (e) This Section is repealed on December 31, 2017. |
9 | | Section 90. The State Mandates Act is amended by adding |
10 | | Section 8.39 as follows: |
11 | | (30 ILCS 805/8.39 new) |
12 | | Sec. 8.39. Exempt mandate. Notwithstanding Sections 6 and 8 |
13 | | of this Act, no reimbursement by the State is required for the |
14 | | implementation of any mandate created by this amendatory Act of |
15 | | the 99th General Assembly.
|
16 | | Section 99. Effective date. This Act takes effect upon |
17 | | becoming law.".
|