Illinois General Assembly - Full Text of SB3113
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Full Text of SB3113  98th General Assembly

SB3113ham001 98TH GENERAL ASSEMBLY

Rep. Josh Harms

Filed: 4/24/2014

 

 


 

 


 
09800SB3113ham001LRB098 19695 OMW 57744 a

1
AMENDMENT TO SENATE BILL 3113

2    AMENDMENT NO. ______. Amend Senate Bill 3113 by replacing
3everything after the enacting clause with the following:
 
4    "Section 5. The School Code is amended by changing Section
519-1 as follows:
 
6    (105 ILCS 5/19-1)
7    Sec. 19-1. Debt limitations of school districts.
8    (a) School districts shall not be subject to the provisions
9limiting their indebtedness prescribed in "An Act to limit the
10indebtedness of counties having a population of less than
11500,000 and townships, school districts and other municipal
12corporations having a population of less than 300,000",
13approved February 15, 1928, as amended.
14    No school districts maintaining grades K through 8 or 9
15through 12 shall become indebted in any manner or for any
16purpose to an amount, including existing indebtedness, in the

 

 

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1aggregate exceeding 6.9% on the value of the taxable property
2therein to be ascertained by the last assessment for State and
3county taxes or, until January 1, 1983, if greater, the sum
4that is produced by multiplying the school district's 1978
5equalized assessed valuation by the debt limitation percentage
6in effect on January 1, 1979, previous to the incurring of such
7indebtedness.
8    No school districts maintaining grades K through 12 shall
9become indebted in any manner or for any purpose to an amount,
10including existing indebtedness, in the aggregate exceeding
1113.8% on the value of the taxable property therein to be
12ascertained by the last assessment for State and county taxes
13or, until January 1, 1983, if greater, the sum that is produced
14by multiplying the school district's 1978 equalized assessed
15valuation by the debt limitation percentage in effect on
16January 1, 1979, previous to the incurring of such
17indebtedness.
18    No partial elementary unit district, as defined in Article
1911E of this Code, shall become indebted in any manner or for
20any purpose in an amount, including existing indebtedness, in
21the aggregate exceeding 6.9% of the value of the taxable
22property of the entire district, to be ascertained by the last
23assessment for State and county taxes, plus an amount,
24including existing indebtedness, in the aggregate exceeding
256.9% of the value of the taxable property of that portion of
26the district included in the elementary and high school

 

 

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1classification, to be ascertained by the last assessment for
2State and county taxes. Moreover, no partial elementary unit
3district, as defined in Article 11E of this Code, shall become
4indebted on account of bonds issued by the district for high
5school purposes in the aggregate exceeding 6.9% of the value of
6the taxable property of the entire district, to be ascertained
7by the last assessment for State and county taxes, nor shall
8the district become indebted on account of bonds issued by the
9district for elementary purposes in the aggregate exceeding
106.9% of the value of the taxable property for that portion of
11the district included in the elementary and high school
12classification, to be ascertained by the last assessment for
13State and county taxes.
14    Notwithstanding the provisions of any other law to the
15contrary, in any case in which the voters of a school district
16have approved a proposition for the issuance of bonds of such
17school district at an election held prior to January 1, 1979,
18and all of the bonds approved at such election have not been
19issued, the debt limitation applicable to such school district
20during the calendar year 1979 shall be computed by multiplying
21the value of taxable property therein, including personal
22property, as ascertained by the last assessment for State and
23county taxes, previous to the incurring of such indebtedness,
24by the percentage limitation applicable to such school district
25under the provisions of this subsection (a).
26    (b) Notwithstanding the debt limitation prescribed in

 

 

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1subsection (a) of this Section, additional indebtedness may be
2incurred in an amount not to exceed the estimated cost of
3acquiring or improving school sites or constructing and
4equipping additional building facilities under the following
5conditions:
6        (1) Whenever the enrollment of students for the next
7    school year is estimated by the board of education to
8    increase over the actual present enrollment by not less
9    than 35% or by not less than 200 students or the actual
10    present enrollment of students has increased over the
11    previous school year by not less than 35% or by not less
12    than 200 students and the board of education determines
13    that additional school sites or building facilities are
14    required as a result of such increase in enrollment; and
15        (2) When the Regional Superintendent of Schools having
16    jurisdiction over the school district and the State
17    Superintendent of Education concur in such enrollment
18    projection or increase and approve the need for such
19    additional school sites or building facilities and the
20    estimated cost thereof; and
21        (3) When the voters in the school district approve a
22    proposition for the issuance of bonds for the purpose of
23    acquiring or improving such needed school sites or
24    constructing and equipping such needed additional building
25    facilities at an election called and held for that purpose.
26    Notice of such an election shall state that the amount of

 

 

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1    indebtedness proposed to be incurred would exceed the debt
2    limitation otherwise applicable to the school district.
3    The ballot for such proposition shall state what percentage
4    of the equalized assessed valuation will be outstanding in
5    bonds if the proposed issuance of bonds is approved by the
6    voters; or
7        (4) Notwithstanding the provisions of paragraphs (1)
8    through (3) of this subsection (b), if the school board
9    determines that additional facilities are needed to
10    provide a quality educational program and not less than 2/3
11    of those voting in an election called by the school board
12    on the question approve the issuance of bonds for the
13    construction of such facilities, the school district may
14    issue bonds for this purpose; or
15        (5) Notwithstanding the provisions of paragraphs (1)
16    through (3) of this subsection (b), if (i) the school
17    district has previously availed itself of the provisions of
18    paragraph (4) of this subsection (b) to enable it to issue
19    bonds, (ii) the voters of the school district have not
20    defeated a proposition for the issuance of bonds since the
21    referendum described in paragraph (4) of this subsection
22    (b) was held, (iii) the school board determines that
23    additional facilities are needed to provide a quality
24    educational program, and (iv) a majority of those voting in
25    an election called by the school board on the question
26    approve the issuance of bonds for the construction of such

 

 

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1    facilities, the school district may issue bonds for this
2    purpose.
3    In no event shall the indebtedness incurred pursuant to
4this subsection (b) and the existing indebtedness of the school
5district exceed 15% of the value of the taxable property
6therein to be ascertained by the last assessment for State and
7county taxes, previous to the incurring of such indebtedness
8or, until January 1, 1983, if greater, the sum that is produced
9by multiplying the school district's 1978 equalized assessed
10valuation by the debt limitation percentage in effect on
11January 1, 1979.
12    The indebtedness provided for by this subsection (b) shall
13be in addition to and in excess of any other debt limitation.
14    (c) Notwithstanding the debt limitation prescribed in
15subsection (a) of this Section, in any case in which a public
16question for the issuance of bonds of a proposed school
17district maintaining grades kindergarten through 12 received
18at least 60% of the valid ballots cast on the question at an
19election held on or prior to November 8, 1994, and in which the
20bonds approved at such election have not been issued, the
21school district pursuant to the requirements of Section 11A-10
22(now repealed) may issue the total amount of bonds approved at
23such election for the purpose stated in the question.
24    (d) Notwithstanding the debt limitation prescribed in
25subsection (a) of this Section, a school district that meets
26all the criteria set forth in paragraphs (1) and (2) of this

 

 

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1subsection (d) may incur an additional indebtedness in an
2amount not to exceed $4,500,000, even though the amount of the
3additional indebtedness authorized by this subsection (d),
4when incurred and added to the aggregate amount of indebtedness
5of the district existing immediately prior to the district
6incurring the additional indebtedness authorized by this
7subsection (d), causes the aggregate indebtedness of the
8district to exceed the debt limitation otherwise applicable to
9that district under subsection (a):
10        (1) The additional indebtedness authorized by this
11    subsection (d) is incurred by the school district through
12    the issuance of bonds under and in accordance with Section
13    17-2.11a for the purpose of replacing a school building
14    which, because of mine subsidence damage, has been closed
15    as provided in paragraph (2) of this subsection (d) or
16    through the issuance of bonds under and in accordance with
17    Section 19-3 for the purpose of increasing the size of, or
18    providing for additional functions in, such replacement
19    school buildings, or both such purposes.
20        (2) The bonds issued by the school district as provided
21    in paragraph (1) above are issued for the purposes of
22    construction by the school district of a new school
23    building pursuant to Section 17-2.11, to replace an
24    existing school building that, because of mine subsidence
25    damage, is closed as of the end of the 1992-93 school year
26    pursuant to action of the regional superintendent of

 

 

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1    schools of the educational service region in which the
2    district is located under Section 3-14.22 or are issued for
3    the purpose of increasing the size of, or providing for
4    additional functions in, the new school building being
5    constructed to replace a school building closed as the
6    result of mine subsidence damage, or both such purposes.
7    (e) (Blank).
8    (f) Notwithstanding the provisions of subsection (a) of
9this Section or of any other law, bonds in not to exceed the
10aggregate amount of $5,500,000 and issued by a school district
11meeting the following criteria shall not be considered
12indebtedness for purposes of any statutory limitation and may
13be issued in an amount or amounts, including existing
14indebtedness, in excess of any heretofore or hereafter imposed
15statutory limitation as to indebtedness:
16        (1) At the time of the sale of such bonds, the board of
17    education of the district shall have determined by
18    resolution that the enrollment of students in the district
19    is projected to increase by not less than 7% during each of
20    the next succeeding 2 school years.
21        (2) The board of education shall also determine by
22    resolution that the improvements to be financed with the
23    proceeds of the bonds are needed because of the projected
24    enrollment increases.
25        (3) The board of education shall also determine by
26    resolution that the projected increases in enrollment are

 

 

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1    the result of improvements made or expected to be made to
2    passenger rail facilities located in the school district.
3    Notwithstanding the provisions of subsection (a) of this
4Section or of any other law, a school district that has availed
5itself of the provisions of this subsection (f) prior to July
622, 2004 (the effective date of Public Act 93-799) may also
7issue bonds approved by referendum up to an amount, including
8existing indebtedness, not exceeding 25% of the equalized
9assessed value of the taxable property in the district if all
10of the conditions set forth in items (1), (2), and (3) of this
11subsection (f) are met.
12    (g) Notwithstanding the provisions of subsection (a) of
13this Section or any other law, bonds in not to exceed an
14aggregate amount of 25% of the equalized assessed value of the
15taxable property of a school district and issued by a school
16district meeting the criteria in paragraphs (i) through (iv) of
17this subsection shall not be considered indebtedness for
18purposes of any statutory limitation and may be issued pursuant
19to resolution of the school board in an amount or amounts,
20including existing indebtedness, in excess of any statutory
21limitation of indebtedness heretofore or hereafter imposed:
22        (i) The bonds are issued for the purpose of
23    constructing a new high school building to replace two
24    adjacent existing buildings which together house a single
25    high school, each of which is more than 65 years old, and
26    which together are located on more than 10 acres and less

 

 

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1    than 11 acres of property.
2        (ii) At the time the resolution authorizing the
3    issuance of the bonds is adopted, the cost of constructing
4    a new school building to replace the existing school
5    building is less than 60% of the cost of repairing the
6    existing school building.
7        (iii) The sale of the bonds occurs before July 1, 1997.
8        (iv) The school district issuing the bonds is a unit
9    school district located in a county of less than 70,000 and
10    more than 50,000 inhabitants, which has an average daily
11    attendance of less than 1,500 and an equalized assessed
12    valuation of less than $29,000,000.
13    (h) Notwithstanding any other provisions of this Section or
14the provisions of any other law, until January 1, 1998, a
15community unit school district maintaining grades K through 12
16may issue bonds up to an amount, including existing
17indebtedness, not exceeding 27.6% of the equalized assessed
18value of the taxable property in the district, if all of the
19following conditions are met:
20        (i) The school district has an equalized assessed
21    valuation for calendar year 1995 of less than $24,000,000;
22        (ii) The bonds are issued for the capital improvement,
23    renovation, rehabilitation, or replacement of existing
24    school buildings of the district, all of which buildings
25    were originally constructed not less than 40 years ago;
26        (iii) The voters of the district approve a proposition

 

 

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1    for the issuance of the bonds at a referendum held after
2    March 19, 1996; and
3        (iv) The bonds are issued pursuant to Sections 19-2
4    through 19-7 of this Code.
5    (i) Notwithstanding any other provisions of this Section or
6the provisions of any other law, until January 1, 1998, a
7community unit school district maintaining grades K through 12
8may issue bonds up to an amount, including existing
9indebtedness, not exceeding 27% of the equalized assessed value
10of the taxable property in the district, if all of the
11following conditions are met:
12        (i) The school district has an equalized assessed
13    valuation for calendar year 1995 of less than $44,600,000;
14        (ii) The bonds are issued for the capital improvement,
15    renovation, rehabilitation, or replacement of existing
16    school buildings of the district, all of which existing
17    buildings were originally constructed not less than 80
18    years ago;
19        (iii) The voters of the district approve a proposition
20    for the issuance of the bonds at a referendum held after
21    December 31, 1996; and
22        (iv) The bonds are issued pursuant to Sections 19-2
23    through 19-7 of this Code.
24    (j) Notwithstanding any other provisions of this Section or
25the provisions of any other law, until January 1, 1999, a
26community unit school district maintaining grades K through 12

 

 

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1may issue bonds up to an amount, including existing
2indebtedness, not exceeding 27% of the equalized assessed value
3of the taxable property in the district if all of the following
4conditions are met:
5        (i) The school district has an equalized assessed
6    valuation for calendar year 1995 of less than $140,000,000
7    and a best 3 months average daily attendance for the
8    1995-96 school year of at least 2,800;
9        (ii) The bonds are issued to purchase a site and build
10    and equip a new high school, and the school district's
11    existing high school was originally constructed not less
12    than 35 years prior to the sale of the bonds;
13        (iii) At the time of the sale of the bonds, the board
14    of education determines by resolution that a new high
15    school is needed because of projected enrollment
16    increases;
17        (iv) At least 60% of those voting in an election held
18    after December 31, 1996 approve a proposition for the
19    issuance of the bonds; and
20        (v) The bonds are issued pursuant to Sections 19-2
21    through 19-7 of this Code.
22    (k) Notwithstanding the debt limitation prescribed in
23subsection (a) of this Section, a school district that meets
24all the criteria set forth in paragraphs (1) through (4) of
25this subsection (k) may issue bonds to incur an additional
26indebtedness in an amount not to exceed $4,000,000 even though

 

 

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1the amount of the additional indebtedness authorized by this
2subsection (k), when incurred and added to the aggregate amount
3of indebtedness of the school district existing immediately
4prior to the school district incurring such additional
5indebtedness, causes the aggregate indebtedness of the school
6district to exceed or increases the amount by which the
7aggregate indebtedness of the district already exceeds the debt
8limitation otherwise applicable to that school district under
9subsection (a):
10        (1) the school district is located in 2 counties, and a
11    referendum to authorize the additional indebtedness was
12    approved by a majority of the voters of the school district
13    voting on the proposition to authorize that indebtedness;
14        (2) the additional indebtedness is for the purpose of
15    financing a multi-purpose room addition to the existing
16    high school;
17        (3) the additional indebtedness, together with the
18    existing indebtedness of the school district, shall not
19    exceed 17.4% of the value of the taxable property in the
20    school district, to be ascertained by the last assessment
21    for State and county taxes; and
22        (4) the bonds evidencing the additional indebtedness
23    are issued, if at all, within 120 days of the effective
24    date of this amendatory Act of 1998.
25    (l) Notwithstanding any other provisions of this Section or
26the provisions of any other law, until January 1, 2000, a

 

 

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1school district maintaining grades kindergarten through 8 may
2issue bonds up to an amount, including existing indebtedness,
3not exceeding 15% of the equalized assessed value of the
4taxable property in the district if all of the following
5conditions are met:
6        (i) the district has an equalized assessed valuation
7    for calendar year 1996 of less than $10,000,000;
8        (ii) the bonds are issued for capital improvement,
9    renovation, rehabilitation, or replacement of one or more
10    school buildings of the district, which buildings were
11    originally constructed not less than 70 years ago;
12        (iii) the voters of the district approve a proposition
13    for the issuance of the bonds at a referendum held on or
14    after March 17, 1998; and
15        (iv) the bonds are issued pursuant to Sections 19-2
16    through 19-7 of this Code.
17    (m) Notwithstanding any other provisions of this Section or
18the provisions of any other law, until January 1, 1999, an
19elementary school district maintaining grades K through 8 may
20issue bonds up to an amount, excluding existing indebtedness,
21not exceeding 18% of the equalized assessed value of the
22taxable property in the district, if all of the following
23conditions are met:
24        (i) The school district has an equalized assessed
25    valuation for calendar year 1995 or less than $7,700,000;
26        (ii) The school district operates 2 elementary

 

 

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1    attendance centers that until 1976 were operated as the
2    attendance centers of 2 separate and distinct school
3    districts;
4        (iii) The bonds are issued for the construction of a
5    new elementary school building to replace an existing
6    multi-level elementary school building of the school
7    district that is not handicapped accessible at all levels
8    and parts of which were constructed more than 75 years ago;
9        (iv) The voters of the school district approve a
10    proposition for the issuance of the bonds at a referendum
11    held after July 1, 1998; and
12        (v) The bonds are issued pursuant to Sections 19-2
13    through 19-7 of this Code.
14    (n) Notwithstanding the debt limitation prescribed in
15subsection (a) of this Section or any other provisions of this
16Section or of any other law, a school district that meets all
17of the criteria set forth in paragraphs (i) through (vi) of
18this subsection (n) may incur additional indebtedness by the
19issuance of bonds in an amount not exceeding the amount
20certified by the Capital Development Board to the school
21district as provided in paragraph (iii) of this subsection (n),
22even though the amount of the additional indebtedness so
23authorized, when incurred and added to the aggregate amount of
24indebtedness of the district existing immediately prior to the
25district incurring the additional indebtedness authorized by
26this subsection (n), causes the aggregate indebtedness of the

 

 

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1district to exceed the debt limitation otherwise applicable by
2law to that district:
3        (i) The school district applies to the State Board of
4    Education for a school construction project grant and
5    submits a district facilities plan in support of its
6    application pursuant to Section 5-20 of the School
7    Construction Law.
8        (ii) The school district's application and facilities
9    plan are approved by, and the district receives a grant
10    entitlement for a school construction project issued by,
11    the State Board of Education under the School Construction
12    Law.
13        (iii) The school district has exhausted its bonding
14    capacity or the unused bonding capacity of the district is
15    less than the amount certified by the Capital Development
16    Board to the district under Section 5-15 of the School
17    Construction Law as the dollar amount of the school
18    construction project's cost that the district will be
19    required to finance with non-grant funds in order to
20    receive a school construction project grant under the
21    School Construction Law.
22        (iv) The bonds are issued for a "school construction
23    project", as that term is defined in Section 5-5 of the
24    School Construction Law, in an amount that does not exceed
25    the dollar amount certified, as provided in paragraph (iii)
26    of this subsection (n), by the Capital Development Board to

 

 

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1    the school district under Section 5-15 of the School
2    Construction Law.
3        (v) The voters of the district approve a proposition
4    for the issuance of the bonds at a referendum held after
5    the criteria specified in paragraphs (i) and (iii) of this
6    subsection (n) are met.
7        (vi) The bonds are issued pursuant to Sections 19-2
8    through 19-7 of the School Code.
9    (o) Notwithstanding any other provisions of this Section or
10the provisions of any other law, until November 1, 2007, a
11community unit school district maintaining grades K through 12
12may issue bonds up to an amount, including existing
13indebtedness, not exceeding 20% of the equalized assessed value
14of the taxable property in the district if all of the following
15conditions are met:
16        (i) the school district has an equalized assessed
17    valuation for calendar year 2001 of at least $737,000,000
18    and an enrollment for the 2002-2003 school year of at least
19    8,500;
20        (ii) the bonds are issued to purchase school sites,
21    build and equip a new high school, build and equip a new
22    junior high school, build and equip 5 new elementary
23    schools, and make technology and other improvements and
24    additions to existing schools;
25        (iii) at the time of the sale of the bonds, the board
26    of education determines by resolution that the sites and

 

 

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1    new or improved facilities are needed because of projected
2    enrollment increases;
3        (iv) at least 57% of those voting in a general election
4    held prior to January 1, 2003 approved a proposition for
5    the issuance of the bonds; and
6        (v) the bonds are issued pursuant to Sections 19-2
7    through 19-7 of this Code.
8    (p) Notwithstanding any other provisions of this Section or
9the provisions of any other law, a community unit school
10district maintaining grades K through 12 may issue bonds up to
11an amount, including indebtedness, not exceeding 27% of the
12equalized assessed value of the taxable property in the
13district if all of the following conditions are met:
14        (i) The school district has an equalized assessed
15    valuation for calendar year 2001 of at least $295,741,187
16    and a best 3 months' average daily attendance for the
17    2002-2003 school year of at least 2,394.
18        (ii) The bonds are issued to build and equip 3
19    elementary school buildings; build and equip one middle
20    school building; and alter, repair, improve, and equip all
21    existing school buildings in the district.
22        (iii) At the time of the sale of the bonds, the board
23    of education determines by resolution that the project is
24    needed because of expanding growth in the school district
25    and a projected enrollment increase.
26        (iv) The bonds are issued pursuant to Sections 19-2

 

 

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1    through 19-7 of this Code.
2    (p-5) Notwithstanding any other provisions of this Section
3or the provisions of any other law, bonds issued by a community
4unit school district maintaining grades K through 12 shall not
5be considered indebtedness for purposes of any statutory
6limitation and may be issued in an amount or amounts, including
7existing indebtedness, in excess of any heretofore or hereafter
8imposed statutory limitation as to indebtedness, if all of the
9following conditions are met:
10        (i) For each of the 4 most recent years, residential
11    property comprises more than 80% of the equalized assessed
12    valuation of the district.
13        (ii) At least 2 school buildings that were constructed
14    40 or more years prior to the issuance of the bonds will be
15    demolished and will be replaced by new buildings or
16    additions to one or more existing buildings.
17        (iii) Voters of the district approve a proposition for
18    the issuance of the bonds at a regularly scheduled
19    election.
20        (iv) At the time of the sale of the bonds, the school
21    board determines by resolution that the new buildings or
22    building additions are needed because of an increase in
23    enrollment projected by the school board.
24        (v) The principal amount of the bonds, including
25    existing indebtedness, does not exceed 25% of the equalized
26    assessed value of the taxable property in the district.

 

 

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1        (vi) The bonds are issued prior to January 1, 2007,
2    pursuant to Sections 19-2 through 19-7 of this Code.
3    (p-10) Notwithstanding any other provisions of this
4Section or the provisions of any other law, bonds issued by a
5community consolidated school district maintaining grades K
6through 8 shall not be considered indebtedness for purposes of
7any statutory limitation and may be issued in an amount or
8amounts, including existing indebtedness, in excess of any
9heretofore or hereafter imposed statutory limitation as to
10indebtedness, if all of the following conditions are met:
11        (i) For each of the 4 most recent years, residential
12    and farm property comprises more than 80% of the equalized
13    assessed valuation of the district.
14        (ii) The bond proceeds are to be used to acquire and
15    improve school sites and build and equip a school building.
16        (iii) Voters of the district approve a proposition for
17    the issuance of the bonds at a regularly scheduled
18    election.
19        (iv) At the time of the sale of the bonds, the school
20    board determines by resolution that the school sites and
21    building additions are needed because of an increase in
22    enrollment projected by the school board.
23        (v) The principal amount of the bonds, including
24    existing indebtedness, does not exceed 20% of the equalized
25    assessed value of the taxable property in the district.
26        (vi) The bonds are issued prior to January 1, 2007,

 

 

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1    pursuant to Sections 19-2 through 19-7 of this Code.
2    (p-15) In addition to all other authority to issue bonds,
3the Oswego Community Unit School District Number 308 may issue
4bonds with an aggregate principal amount not to exceed
5$450,000,000, but only if all of the following conditions are
6met:
7        (i) The voters of the district have approved a
8    proposition for the bond issue at the general election held
9    on November 7, 2006.
10        (ii) At the time of the sale of the bonds, the school
11    board determines, by resolution, that: (A) the building and
12    equipping of the new high school building, new junior high
13    school buildings, new elementary school buildings, early
14    childhood building, maintenance building, transportation
15    facility, and additions to existing school buildings, the
16    altering, repairing, equipping, and provision of
17    technology improvements to existing school buildings, and
18    the acquisition and improvement of school sites, as the
19    case may be, are required as a result of a projected
20    increase in the enrollment of students in the district; and
21    (B) the sale of bonds for these purposes is authorized by
22    legislation that exempts the debt incurred on the bonds
23    from the district's statutory debt limitation.
24        (iii) The bonds are issued, in one or more bond issues,
25    on or before November 7, 2011, but the aggregate principal
26    amount issued in all such bond issues combined must not

 

 

09800SB3113ham001- 22 -LRB098 19695 OMW 57744 a

1    exceed $450,000,000.
2        (iv) The bonds are issued in accordance with this
3    Article 19.
4        (v) The proceeds of the bonds are used only to
5    accomplish those projects approved by the voters at the
6    general election held on November 7, 2006.
7The debt incurred on any bonds issued under this subsection
8(p-15) shall not be considered indebtedness for purposes of any
9statutory debt limitation.
10    (p-20) In addition to all other authority to issue bonds,
11the Lincoln-Way Community High School District Number 210 may
12issue bonds with an aggregate principal amount not to exceed
13$225,000,000, but only if all of the following conditions are
14met:
15        (i) The voters of the district have approved a
16    proposition for the bond issue at the general primary
17    election held on March 21, 2006.
18        (ii) At the time of the sale of the bonds, the school
19    board determines, by resolution, that: (A) the building and
20    equipping of the new high school buildings, the altering,
21    repairing, and equipping of existing school buildings, and
22    the improvement of school sites, as the case may be, are
23    required as a result of a projected increase in the
24    enrollment of students in the district; and (B) the sale of
25    bonds for these purposes is authorized by legislation that
26    exempts the debt incurred on the bonds from the district's

 

 

09800SB3113ham001- 23 -LRB098 19695 OMW 57744 a

1    statutory debt limitation.
2        (iii) The bonds are issued, in one or more bond issues,
3    on or before March 21, 2011, but the aggregate principal
4    amount issued in all such bond issues combined must not
5    exceed $225,000,000.
6        (iv) The bonds are issued in accordance with this
7    Article 19.
8        (v) The proceeds of the bonds are used only to
9    accomplish those projects approved by the voters at the
10    primary election held on March 21, 2006.
11The debt incurred on any bonds issued under this subsection
12(p-20) shall not be considered indebtedness for purposes of any
13statutory debt limitation.
14    (p-25) In addition to all other authority to issue bonds,
15Rochester Community Unit School District 3A may issue bonds
16with an aggregate principal amount not to exceed $18,500,000,
17but only if all of the following conditions are met:
18        (i) The voters of the district approve a proposition
19    for the bond issuance at the general primary election held
20    in 2008.
21        (ii) At the time of the sale of the bonds, the school
22    board determines, by resolution, that: (A) the building and
23    equipping of a new high school building; the addition of
24    classrooms and support facilities at the high school,
25    middle school, and elementary school; the altering,
26    repairing, and equipping of existing school buildings; and

 

 

09800SB3113ham001- 24 -LRB098 19695 OMW 57744 a

1    the improvement of school sites, as the case may be, are
2    required as a result of a projected increase in the
3    enrollment of students in the district; and (B) the sale of
4    bonds for these purposes is authorized by a law that
5    exempts the debt incurred on the bonds from the district's
6    statutory debt limitation.
7        (iii) The bonds are issued, in one or more bond issues,
8    on or before December 31, 2012, but the aggregate principal
9    amount issued in all such bond issues combined must not
10    exceed $18,500,000.
11        (iv) The bonds are issued in accordance with this
12    Article 19.
13        (v) The proceeds of the bonds are used to accomplish
14    only those projects approved by the voters at the primary
15    election held in 2008.
16The debt incurred on any bonds issued under this subsection
17(p-25) shall not be considered indebtedness for purposes of any
18statutory debt limitation.
19    (p-30) In addition to all other authority to issue bonds,
20Prairie Grove Consolidated School District 46 may issue bonds
21with an aggregate principal amount not to exceed $30,000,000,
22but only if all of the following conditions are met:
23        (i) The voters of the district approve a proposition
24    for the bond issuance at an election held in 2008.
25        (ii) At the time of the sale of the bonds, the school
26    board determines, by resolution, that (A) the building and

 

 

09800SB3113ham001- 25 -LRB098 19695 OMW 57744 a

1    equipping of a new school building and additions to
2    existing school buildings are required as a result of a
3    projected increase in the enrollment of students in the
4    district and (B) the altering, repairing, and equipping of
5    existing school buildings are required because of the age
6    of the existing school buildings.
7        (iii) The bonds are issued, in one or more bond
8    issuances, on or before December 31, 2012; however, the
9    aggregate principal amount issued in all such bond
10    issuances combined must not exceed $30,000,000.
11        (iv) The bonds are issued in accordance with this
12    Article.
13        (v) The proceeds of the bonds are used to accomplish
14    only those projects approved by the voters at an election
15    held in 2008.
16The debt incurred on any bonds issued under this subsection
17(p-30) shall not be considered indebtedness for purposes of any
18statutory debt limitation.
19    (p-35) In addition to all other authority to issue bonds,
20Prairie Hill Community Consolidated School District 133 may
21issue bonds with an aggregate principal amount not to exceed
22$13,900,000, but only if all of the following conditions are
23met:
24        (i) The voters of the district approved a proposition
25    for the bond issuance at an election held on April 17,
26    2007.

 

 

09800SB3113ham001- 26 -LRB098 19695 OMW 57744 a

1        (ii) At the time of the sale of the bonds, the school
2    board determines, by resolution, that (A) the improvement
3    of the site of and the building and equipping of a school
4    building are required as a result of a projected increase
5    in the enrollment of students in the district and (B) the
6    repairing and equipping of the Prairie Hill Elementary
7    School building is required because of the age of that
8    school building.
9        (iii) The bonds are issued, in one or more bond
10    issuances, on or before December 31, 2011, but the
11    aggregate principal amount issued in all such bond
12    issuances combined must not exceed $13,900,000.
13        (iv) The bonds are issued in accordance with this
14    Article.
15        (v) The proceeds of the bonds are used to accomplish
16    only those projects approved by the voters at an election
17    held on April 17, 2007.
18The debt incurred on any bonds issued under this subsection
19(p-35) shall not be considered indebtedness for purposes of any
20statutory debt limitation.
21    (p-40) In addition to all other authority to issue bonds,
22Mascoutah Community Unit District 19 may issue bonds with an
23aggregate principal amount not to exceed $55,000,000, but only
24if all of the following conditions are met:
25        (1) The voters of the district approve a proposition
26    for the bond issuance at a regular election held on or

 

 

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1    after November 4, 2008.
2        (2) At the time of the sale of the bonds, the school
3    board determines, by resolution, that (i) the building and
4    equipping of a new high school building is required as a
5    result of a projected increase in the enrollment of
6    students in the district and the age and condition of the
7    existing high school building, (ii) the existing high
8    school building will be demolished, and (iii) the sale of
9    bonds is authorized by statute that exempts the debt
10    incurred on the bonds from the district's statutory debt
11    limitation.
12        (3) The bonds are issued, in one or more bond
13    issuances, on or before December 31, 2011, but the
14    aggregate principal amount issued in all such bond
15    issuances combined must not exceed $55,000,000.
16        (4) The bonds are issued in accordance with this
17    Article.
18        (5) The proceeds of the bonds are used to accomplish
19    only those projects approved by the voters at a regular
20    election held on or after November 4, 2008.
21    The debt incurred on any bonds issued under this subsection
22(p-40) shall not be considered indebtedness for purposes of any
23statutory debt limitation.
24    (p-45) Notwithstanding the provisions of subsection (a) of
25this Section or of any other law, bonds issued pursuant to
26Section 19-3.5 of this Code shall not be considered

 

 

09800SB3113ham001- 28 -LRB098 19695 OMW 57744 a

1indebtedness for purposes of any statutory limitation if the
2bonds are issued in an amount or amounts, including existing
3indebtedness of the school district, not in excess of 18.5% of
4the value of the taxable property in the district to be
5ascertained by the last assessment for State and county taxes.
6    (p-50) Notwithstanding the provisions of subsection (a) of
7this Section or of any other law, bonds issued pursuant to
8Section 19-3.10 of this Code shall not be considered
9indebtedness for purposes of any statutory limitation if the
10bonds are issued in an amount or amounts, including existing
11indebtedness of the school district, not in excess of 43% of
12the value of the taxable property in the district to be
13ascertained by the last assessment for State and county taxes.
14    (p-55) In addition to all other authority to issue bonds,
15Belle Valley School District 119 may issue bonds with an
16aggregate principal amount not to exceed $47,500,000, but only
17if all of the following conditions are met:
18        (1) The voters of the district approve a proposition
19    for the bond issuance at an election held on or after April
20    7, 2009.
21        (2) Prior to the issuance of the bonds, the school
22    board determines, by resolution, that (i) the building and
23    equipping of a new school building is required as a result
24    of mine subsidence in an existing school building and
25    because of the age and condition of another existing school
26    building and (ii) the issuance of bonds is authorized by

 

 

09800SB3113ham001- 29 -LRB098 19695 OMW 57744 a

1    statute that exempts the debt incurred on the bonds from
2    the district's statutory debt limitation.
3        (3) The bonds are issued, in one or more bond
4    issuances, on or before March 31, 2014, but the aggregate
5    principal amount issued in all such bond issuances combined
6    must not exceed $47,500,000.
7        (4) The bonds are issued in accordance with this
8    Article.
9        (5) The proceeds of the bonds are used to accomplish
10    only those projects approved by the voters at an election
11    held on or after April 7, 2009.
12    The debt incurred on any bonds issued under this subsection
13(p-55) shall not be considered indebtedness for purposes of any
14statutory debt limitation. Bonds issued under this subsection
15(p-55) must mature within not to exceed 30 years from their
16date, notwithstanding any other law to the contrary.
17    (p-60) In addition to all other authority to issue bonds,
18Wilmington Community Unit School District Number 209-U may
19issue bonds with an aggregate principal amount not to exceed
20$2,285,000, but only if all of the following conditions are
21met:
22        (1) The proceeds of the bonds are used to accomplish
23    only those projects approved by the voters at the general
24    primary election held on March 21, 2006.
25        (2) Prior to the issuance of the bonds, the school
26    board determines, by resolution, that (i) the projects

 

 

09800SB3113ham001- 30 -LRB098 19695 OMW 57744 a

1    approved by the voters were and are required because of the
2    age and condition of the school district's prior and
3    existing school buildings and (ii) the issuance of the
4    bonds is authorized by legislation that exempts the debt
5    incurred on the bonds from the district's statutory debt
6    limitation.
7        (3) The bonds are issued in one or more bond issuances
8    on or before March 1, 2011, but the aggregate principal
9    amount issued in all those bond issuances combined must not
10    exceed $2,285,000.
11        (4) The bonds are issued in accordance with this
12    Article.
13    The debt incurred on any bonds issued under this subsection
14(p-60) shall not be considered indebtedness for purposes of any
15statutory debt limitation.
16    (p-65) In addition to all other authority to issue bonds,
17West Washington County Community Unit School District 10 may
18issue bonds with an aggregate principal amount not to exceed
19$32,200,000 and maturing over a period not exceeding 25 years,
20but only if all of the following conditions are met:
21        (1) The voters of the district approve a proposition
22    for the bond issuance at an election held on or after
23    February 2, 2010.
24        (2) Prior to the issuance of the bonds, the school
25    board determines, by resolution, that (A) all or a portion
26    of the existing Okawville Junior/Senior High School

 

 

09800SB3113ham001- 31 -LRB098 19695 OMW 57744 a

1    Building will be demolished; (B) the building and equipping
2    of a new school building to be attached to and the
3    alteration, repair, and equipping of the remaining portion
4    of the Okawville Junior/Senior High School Building is
5    required because of the age and current condition of that
6    school building; and (C) the issuance of bonds is
7    authorized by a statute that exempts the debt incurred on
8    the bonds from the district's statutory debt limitation.
9        (3) The bonds are issued, in one or more bond
10    issuances, on or before March 31, 2014, but the aggregate
11    principal amount issued in all such bond issuances combined
12    must not exceed $32,200,000.
13        (4) The bonds are issued in accordance with this
14    Article.
15        (5) The proceeds of the bonds are used to accomplish
16    only those projects approved by the voters at an election
17    held on or after February 2, 2010.
18    The debt incurred on any bonds issued under this subsection
19(p-65) shall not be considered indebtedness for purposes of any
20statutory debt limitation.
21    (p-70) In addition to all other authority to issue bonds,
22Cahokia Community Unit School District 187 may issue bonds with
23an aggregate principal amount not to exceed $50,000,000, but
24only if all the following conditions are met:
25        (1) The voters of the district approve a proposition
26    for the bond issuance at an election held on or after

 

 

09800SB3113ham001- 32 -LRB098 19695 OMW 57744 a

1    November 2, 2010.
2        (2) Prior to the issuance of the bonds, the school
3    board determines, by resolution, that (i) the building and
4    equipping of a new school building is required as a result
5    of the age and condition of an existing school building and
6    (ii) the issuance of bonds is authorized by a statute that
7    exempts the debt incurred on the bonds from the district's
8    statutory debt limitation.
9        (3) The bonds are issued, in one or more issuances, on
10    or before July 1, 2016, but the aggregate principal amount
11    issued in all such bond issuances combined must not exceed
12    $50,000,000.
13        (4) The bonds are issued in accordance with this
14    Article.
15        (5) The proceeds of the bonds are used to accomplish
16    only those projects approved by the voters at an election
17    held on or after November 2, 2010.
18    The debt incurred on any bonds issued under this subsection
19(p-70) shall not be considered indebtedness for purposes of any
20statutory debt limitation. Bonds issued under this subsection
21(p-70) must mature within not to exceed 25 years from their
22date, notwithstanding any other law, including Section 19-3 of
23this Code, to the contrary.
24    (p-75) Notwithstanding the debt limitation prescribed in
25subsection (a) of this Section or any other provisions of this
26Section or of any other law, the execution of leases on or

 

 

09800SB3113ham001- 33 -LRB098 19695 OMW 57744 a

1after January 1, 2007 and before July 1, 2011 by the Board of
2Education of Peoria School District 150 with a public building
3commission for leases entered into pursuant to the Public
4Building Commission Act shall not be considered indebtedness
5for purposes of any statutory debt limitation.
6    This subsection (p-75) applies only if the State Board of
7Education or the Capital Development Board makes one or more
8grants to Peoria School District 150 pursuant to the School
9Construction Law. The amount exempted from the debt limitation
10as prescribed in this subsection (p-75) shall be no greater
11than the amount of one or more grants awarded to Peoria School
12District 150 by the State Board of Education or the Capital
13Development Board.
14    (p-80) In addition to all other authority to issue bonds,
15Ridgeland School District 122 may issue bonds with an aggregate
16principal amount not to exceed $50,000,000 for the purpose of
17refunding or continuing to refund bonds originally issued
18pursuant to voter approval at the general election held on
19November 7, 2000, and the debt incurred on any bonds issued
20under this subsection (p-80) shall not be considered
21indebtedness for purposes of any statutory debt limitation.
22Bonds issued under this subsection (p-80) may be issued in one
23or more issuances and must mature within not to exceed 25 years
24from their date, notwithstanding any other law, including
25Section 19-3 of this Code, to the contrary.
26    (p-85) In addition to all other authority to issue bonds,

 

 

09800SB3113ham001- 34 -LRB098 19695 OMW 57744 a

1Hall High School District 502 may issue bonds with an aggregate
2principal amount not to exceed $32,000,000, but only if all the
3following conditions are met:
4        (1) The voters of the district approve a proposition
5    for the bond issuance at an election held on or after April
6    9, 2013.
7        (2) Prior to the issuance of the bonds, the school
8    board determines, by resolution, that (i) the building and
9    equipping of a new school building is required as a result
10    of the age and condition of an existing school building,
11    (ii) the existing school building should be demolished in
12    its entirety or the existing school building should be
13    demolished except for the 1914 west wing of the building,
14    and (iii) the issuance of bonds is authorized by a statute
15    that exempts the debt incurred on the bonds from the
16    district's statutory debt limitation.
17        (3) The bonds are issued, in one or more issuances, not
18    later than 5 years after the date of the referendum
19    approving the issuance of the bonds, but the aggregate
20    principal amount issued in all such bond issuances combined
21    must not exceed $32,000,000.
22        (4) The bonds are issued in accordance with this
23    Article.
24        (5) The proceeds of the bonds are used to accomplish
25    only those projects approved by the voters at an election
26    held on or after April 9, 2013.

 

 

09800SB3113ham001- 35 -LRB098 19695 OMW 57744 a

1    The debt incurred on any bonds issued under this subsection
2(p-85) shall not be considered indebtedness for purposes of any
3statutory debt limitation. Bonds issued under this subsection
4(p-85) must mature within not to exceed 30 years from their
5date, notwithstanding any other law, including Section 19-3 of
6this Code, to the contrary.
7    (p-90) In addition to all other authority to issue bonds,
8Lebanon Community Unit School District 9 may issue bonds with
9an aggregate principal amount not to exceed $7,500,000, but
10only if all of the following conditions are met:
11        (1) The voters of the district approved a proposition
12    for the bond issuance at the general primary election on
13    February 2, 2010.
14        (2) At or prior to the time of the sale of the bonds,
15    the school board determines, by resolution, that (i) the
16    building and equipping of a new elementary school building
17    is required as a result of a projected increase in the
18    enrollment of students in the district and the age and
19    condition of the existing Lebanon Elementary School
20    building, (ii) a portion of the existing Lebanon Elementary
21    School building will be demolished and the remaining
22    portion will be altered, repaired, and equipped, and (iii)
23    the sale of bonds is authorized by a statute that exempts
24    the debt incurred on the bonds from the district's
25    statutory debt limitation.
26        (3) The bonds are issued, in one or more bond

 

 

09800SB3113ham001- 36 -LRB098 19695 OMW 57744 a

1    issuances, on or before April 1, 2014, but the aggregate
2    principal amount issued in all such bond issuances combined
3    must not exceed $7,500,000.
4        (4) The bonds are issued in accordance with this
5    Article.
6        (5) The proceeds of the bonds are used to accomplish
7    only those projects approved by the voters at the general
8    primary election held on February 2, 2010.
9    The debt incurred on any bonds issued under this subsection
10(p-90) shall not be considered indebtedness for purposes of any
11statutory debt limitation.
12    (p-95) In addition to all other authority to issue bonds,
13the community unit school district created in the territory
14comprising Milford Community Consolidated School District 280
15and Milford Township High School District 233, as approved at
16the general primary election held on March 18, 2014, may issue
17bonds with an aggregate principal amount not to exceed
18$17,500,000, but only if all the following conditions are met:
19        (1) The voters of the district approve a proposition
20    for the bond issuance at an election held on or after
21    November 4, 2014.
22        (2) Prior to the issuance of the bonds, the school
23    board determines, by resolution, that (i) the building and
24    equipping of a new school building is required as a result
25    of the age and condition of an existing school building and
26    (ii) the issuance of bonds is authorized by a statute that

 

 

09800SB3113ham001- 37 -LRB098 19695 OMW 57744 a

1    exempts the debt incurred on the bonds from the district's
2    statutory debt limitation.
3        (3) The bonds are issued, in one or more issuances, on
4    or before July 1, 2020, but the aggregate principal amount
5    issued in all such bond issuances combined must not exceed
6    $17,500,000.
7        (4) The bonds are issued in accordance with this
8    Article.
9        (5) The proceeds of the bonds are used to accomplish
10    only those projects approved by the voters at an election
11    held on or after November 4, 2014.
12    The debt incurred on any bonds issued under this subsection
13(p-95) shall not be considered indebtedness for purposes of any
14statutory debt limitation. Bonds issued under this subsection
15(p-95) must mature within not to exceed 25 years from their
16date, notwithstanding any other law, including Section 19-3 of
17this Code, to the contrary.
18    (q) A school district must notify the State Board of
19Education prior to issuing any form of long-term or short-term
20debt that will result in outstanding debt that exceeds 75% of
21the debt limit specified in this Section or any other provision
22of law.
23(Source: P.A. 97-333, eff. 8-12-11; 97-834, eff. 7-20-12;
2497-1146, eff. 1-18-13; 98-617, eff. 1-7-14.)
 
25    Section 99. Effective date. This Act takes effect upon

 

 

09800SB3113ham001- 38 -LRB098 19695 OMW 57744 a

1becoming law.".