Illinois Compiled Statutes
105 ILCS 5/17-2.3 (2026)
Capital improvement purposes; referendum
✓ current as of May 2026
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(105 ILCS 5/17-2.3)
(from Ch. 122, par. 17-2.3)
Sec. 17-2.3.
Capital improvement purposes; referendum.
The school board of
any district desiring to levy and accumulate for not more than 6 years the
capital improvements purposes tax provided for in paragraph (4) of Section 17-2
of this Act shall pass a resolution for the levy of said tax, and in such
resolution shall describe the capital improvements for which the tax is to be
levied and the funds derived therefrom are to be spent. As used in this Section
and in paragraph (4) of Section 17-2, capital improvements include but are not
limited to the construction of a new school building or buildings or the
purchase of school grounds on which any new school building is to be
constructed or located, or both. The resolution shall cause the proposition
for the levy of the tax provided for in paragraph (4) of Section 17-2 of this
Act to be certified to the proper election authorities for submission to the
electors of the district at a regular scheduled election in accordance with the
general election law. The proposition shall generally describe the capital
improvements for which the tax is to be levied and the funds derived therefrom
are to be spent.
If the proposition is approved by a majority of the electors voting
thereon, the school district may thereafter levy such capital improvement
purposes tax and accumulate funds for not more than 6 years for the capital
improvements described in the resolution and on the ballot. Such school
district shall also invest such accumulated funds until spent for the capital
improvements described in the resolution and on the ballot in accordance with
the provisions of the Public Funds Investment Act.
Any proceeds derived from a capital improvements tax or the accumulation of
monies for capital improvements described in the resolution and on the ballot
shall be accounted for separately within the Site and Construction/Capital
Improvement Fund.
(Source: P.A. 87-984; 87-1023; 88-45.)
Notes of Decisions
Cited in 2
cases, 2017–2017 · leading case: 1001 Ogden Avenue Partners v. Henry, 2017 IL App (2d) 160838 (Ill. App. Ct. 2017).
1001 Ogden Avenue Partners v. Henry, 2017 IL App (2d) 160838 (Ill. App. Ct. 2017). “105 ILCS 5/17-2.3 (West 2002). Capital improvements “include but are not limited to the construction of a new school building or buildings or the purchase of school grounds on which any new school building is to be constructed or located, or both.”
1001 Ogden Avenue Partners v. Henry, 2017 IL App (2d) 160838 (Ill. App. Ct. 2017). “105 ILCS 5/17-2.3 (West 2002). Capital - 13 2017 IL App (2d) 160838 improvements “include but are not limited to the construction of a new school building or buildings or the purchase of school grounds on which any new school building is to be constructed or located, or both.”
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