December 4, 2012
By: Alan Mullins
The DuPage County Clerk has historically had a practice of limiting the tax rate limit for school district transportation funds at 0.2%. When one of our DuPage County clients attempted to increase its transportation levy, the DuPage County Clerk replied that it would not extend the levy beyond the 0.2% limit.
Scariano, Himes and Petrarca challenged the Clerk and cited the Property Tax Extension Limitation Law section and School Code sections that must be considered when determining whether the transportation fund has a tax rate limit. We took the position that the transportation fund tax rate is to be unlimited.
Recently, the DuPage County Clerk changed its practice and agreed that the transportation fund levy is to be unlimited. As a result, the County Clerk will now extend the levy beyond 0.2% for the transportation fund. If your District needs assistance with issuing its tax levies, do not hesitate to contact us for assistance.