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| Public Act 096-0252 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 5. The School Code is amended by changing Section | ||||
17-2.11 as follows:
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(105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
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Sec. 17-2.11. School board power to levy a tax or to borrow | ||||
money and
issue bonds for fire prevention, safety, energy | ||||
conservation, disabled
accessibility, school security, and | ||||
specified repair purposes. | ||||
(a) Whenever, as a
result of any lawful order of any | ||||
agency,
other than a school board, having authority to enforce | ||||
any school building code
applicable to any facility that houses | ||||
students, or any law or regulation for
the protection and | ||||
safety of the environment, pursuant to the Environmental
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Protection Act, any school district having a population of less | ||||
than 500,000
inhabitants is required to alter or reconstruct | ||||
any school building or
permanent, fixed equipment; the district | ||||
may, by proper resolution, levy a tax for the purpose of making | ||||
such alteration or reconstruction, based on a survey report by | ||||
an architect or engineer licensed in this State, upon all of | ||||
the taxable property of the district at the value as assessed | ||||
by the Department of Revenue and at a rate not to exceed 0.05% | ||||
per year for a period sufficient to finance such alteration or | ||
reconstruction, upon the following conditions: | ||
(1) When there are not sufficient funds available in | ||
the operations and maintenance fund of the school district, | ||
the school facility occupation tax fund of the district, or | ||
the fire prevention and safety fund of the district, as | ||
determined by the district on the basis of rules adopted by | ||
the State Board of Education, to make such alteration or | ||
reconstruction or to purchase and install such permanent, | ||
fixed equipment so ordered or determined as necessary. | ||
Appropriate school district records must be made available | ||
to the State Superintendent of Education, upon request, to | ||
confirm this insufficiency. | ||
(2) When a certified estimate of an architect or | ||
engineer licensed in this State stating the estimated | ||
amount necessary to make the alteration or reconstruction | ||
or to purchase and install the equipment so ordered has | ||
been secured by the school district, and the estimate has | ||
been approved by the regional superintendent of schools | ||
having jurisdiction over the district and the State | ||
Superintendent of Education. Approval must not be granted | ||
for any work that has already started without the prior | ||
express authorization of the State Superintendent of | ||
Education. If the estimate is not approved or is denied | ||
approval by the regional superintendent of schools within 3 | ||
months after the date on which it is submitted to him or | ||
her, the school board of the district may submit the | ||
estimate directly to the State Superintendent of Education | ||
for approval or denial. | ||
In the case of an emergency situation, where the estimated | ||
cost to effectuate emergency repairs is less than the amount | ||
specified in Section 10-20.21 of this Code, the school district | ||
may proceed with such repairs prior to approval by the State | ||
Superintendent of Education, but shall comply with the | ||
provisions of subdivision (2) of this subsection (a) as soon | ||
thereafter as may be as well as Section 10-20.21 of this Code. | ||
If the estimated cost to effectuate emergency repairs is | ||
greater than the amount specified in Section 10-20.21 of this | ||
Code, then the school district shall proceed in conformity with | ||
Section 10-20.21 of this Code and with rules established by the | ||
State Board of Education to address such situations. The rules | ||
adopted by the State Board of Education to deal with these | ||
situations shall stipulate that emergency situations must be | ||
expedited and given priority consideration. For purposes of | ||
this paragraph, an emergency is a situation that presents an | ||
imminent and continuing threat to the health and safety of | ||
students or other occupants of a facility, requires complete or | ||
partial evacuation of a building or part of a building, or | ||
consumes one or more of the 5 emergency days built into the | ||
adopted calendar of the school or schools or would otherwise be | ||
expected to cause such school or schools to fall short of the | ||
minimum school calendar requirements. | ||
(b) Whenever any such district determines that
it is | ||
necessary for energy conservation purposes that any school | ||
building
or permanent, fixed equipment should be altered or | ||
reconstructed and
that such alterations or reconstruction will | ||
be made with funds not necessary
for the completion of approved | ||
and recommended projects contained in any safety
survey report | ||
or amendments thereto authorized by Section 2-3.12 of this Act; | ||
the district may levy a tax or issue bonds as provided in | ||
subsection (a) of this Section. | ||
(c) Whenever
any such district determines that it is | ||
necessary for disabled accessibility purposes and to comply | ||
with the school building
code that any
school building or | ||
equipment should be altered or reconstructed and that such
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alterations or reconstruction will be made with
funds not | ||
necessary for the completion of approved and recommended | ||
projects
contained in any safety survey report or amendments | ||
thereto authorized under
Section 2-3.12 of this Act, the | ||
district may levy a tax or issue bonds as provided in | ||
subsection (a) of this Section. | ||
(d) Whenever any such district determines that it is
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necessary for school
security purposes and the related | ||
protection and safety of pupils and school
personnel that any | ||
school building or property should be altered or
reconstructed | ||
or that security systems and equipment (including but not | ||
limited
to intercom, early detection and warning, access | ||
control and television
monitoring systems) should be purchased | ||
and installed, and that such
alterations, reconstruction or | ||
purchase and installation of equipment will be
made with funds | ||
not necessary for the completion of approved and recommended
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projects contained in any safety survey report or amendment | ||
thereto authorized
by Section 2-3.12 of this Act and will deter | ||
and prevent unauthorized entry or
activities upon school | ||
property by unknown or dangerous persons, assure early
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detection and advance warning of any such actual or attempted | ||
unauthorized
entry or activities and help assure the continued | ||
safety of pupils and school
staff if any such unauthorized | ||
entry or activity is attempted or occurs;
the district may levy | ||
a tax or issue bonds as provided in subsection (a) of this | ||
Section. | ||
(e) If a school district does not need funds for other fire | ||
prevention and
safety projects, including the completion of | ||
approved and recommended projects
contained in any safety | ||
survey report or amendments thereto authorized by
Section | ||
2-3.12 of this Act, and it is determined after a public hearing | ||
(which
is preceded by at least one published notice (i) | ||
occurring at least 7 days
prior to the hearing in a newspaper | ||
of general circulation within the school
district and (ii) | ||
setting forth the time, date, place, and general subject
matter | ||
of the hearing) that there is a
substantial, immediate, and | ||
otherwise unavoidable threat to the health, safety,
or welfare | ||
of pupils due to disrepair of school sidewalks, playgrounds, | ||
parking
lots, or school bus turnarounds and repairs must be | ||
made; then the district may levy a tax or issue bonds as | ||
provided in subsection (a) of this Section.
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(f) For purposes of this Section a school district may | ||
replace a school
building or build additions to replace | ||
portions of a building when it is
determined that the | ||
effectuation of the recommendations for the existing
building | ||
will cost more than the replacement costs. Such determination | ||
shall
be based on a comparison of estimated costs made by an | ||
architect or engineer
licensed in the State of Illinois. The | ||
new building or addition shall be
equivalent in area (square | ||
feet) and comparable in purpose and grades served
and may be on | ||
the same site or another site. Such replacement may only be | ||
done
upon order of the regional superintendent of schools and | ||
the approval of the
State Superintendent of Education.
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(g) The filing of a certified copy of the resolution | ||
levying the tax when
accompanied by the certificates of the | ||
regional superintendent of schools and
State Superintendent of | ||
Education shall be the authority of the county clerk to
extend | ||
such tax.
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(h) The county clerk of the county in which any school | ||
district levying a
tax under the authority of this Section is | ||
located, in reducing raised
levies, shall not consider any such | ||
tax as a part of the general levy
for school purposes and shall | ||
not include the same in the limitation of
any other tax rate | ||
which may be extended.
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Such tax shall be levied and collected in like manner as | ||
all other
taxes of school districts, subject to the provisions | ||
contained in this Section.
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(i) The tax rate limit specified in this Section may be | ||
increased to .10%
upon the approval of a proposition to effect | ||
such increase by a majority
of the electors voting on that | ||
proposition at a regular scheduled election.
Such proposition | ||
may be initiated by resolution of the school board and
shall be | ||
certified by the secretary to the proper election authorities | ||
for
submission in accordance with the general election law.
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(j) When taxes are levied by any school district for fire | ||
prevention,
safety, energy conservation, and school security | ||
purposes as specified in this
Section, and the purposes for | ||
which the taxes have been
levied are accomplished and paid in | ||
full, and there remain funds on hand in
the Fire Prevention and | ||
Safety Fund from the proceeds of the taxes levied,
including | ||
interest earnings thereon, the school board by resolution shall | ||
use
such excess and other board restricted funds, excluding | ||
bond proceeds and
earnings from such proceeds, as follows: | ||
(1) for other authorized fire prevention,
safety, | ||
energy conservation, and school security purposes;
or | ||
(2) for transfer to the Operations and Maintenance Fund
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for the purpose of abating an equal amount of operations | ||
and maintenance
purposes taxes. | ||
(k) If any transfer is made to the Operation and | ||
Maintenance
Fund, the secretary of the school board shall | ||
within 30 days notify
the county clerk of the amount of that | ||
transfer and direct the clerk to
abate the taxes to be extended | ||
for the purposes of operations and
maintenance authorized under | ||
Section 17-2 of this Act by an amount equal
to such transfer.
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(l) If the proceeds from the tax levy authorized by this
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Section are insufficient to complete the work approved under | ||
this
Section, the school board is authorized to sell bonds | ||
without referendum
under the provisions of this Section in an | ||
amount that, when added to the
proceeds of the tax levy | ||
authorized by this Section, will allow completion
of the | ||
approved work.
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(m) Any bonds issued pursuant to this Section shall bear | ||
interest at a rate not to exceed the maximum rate
authorized by | ||
law at the time of the making of the contract, shall mature
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within 20 years from date, and shall be signed by the president | ||
of the school
board and the treasurer of the school district.
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(n) In order to authorize and issue such bonds, the school | ||
board shall adopt
a resolution fixing the amount of bonds, the | ||
date thereof, the maturities
thereof, rates of interest | ||
thereof, place of payment and denomination,
which shall be in | ||
denominations of not less than $100 and not more than
$5,000, | ||
and provide for the levy and collection of a direct annual tax | ||
upon
all the taxable property in the school district sufficient | ||
to pay the
principal and interest on such bonds to maturity. | ||
Upon the filing in the
office of the county clerk of the county | ||
in which the school district is
located of a certified copy of | ||
the resolution, it is the duty of the
county clerk to extend | ||
the tax therefor in addition to and in excess of all
other | ||
taxes heretofore or hereafter authorized to be
levied by such | ||
school district.
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(o) After the time such bonds are issued as provided for by | ||
this Section, if
additional alterations or reconstructions are | ||
required to be made because
of surveys conducted by an | ||
architect or engineer licensed in the State of
Illinois, the | ||
district may levy a tax at a rate not to exceed .05% per year
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upon all the taxable property of the district or issue | ||
additional bonds,
whichever action shall be the most feasible.
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(p) This Section is cumulative and constitutes complete | ||
authority for the
issuance of bonds as provided in this Section | ||
notwithstanding any other
statute or law to the contrary.
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(q) With respect to instruments for the payment of money | ||
issued under this
Section either before, on, or after the | ||
effective date of Public Act 86-004
(June 6, 1989), it is, and | ||
always has been, the intention of the General
Assembly (i) that | ||
the Omnibus Bond Acts are, and always have been,
supplementary | ||
grants of power to issue instruments in accordance with the
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Omnibus Bond Acts, regardless of any provision of this Act that | ||
may appear
to be or to have been more restrictive than those | ||
Acts, (ii) that the
provisions of this Section are not a | ||
limitation on the supplementary
authority granted by the | ||
Omnibus Bond Acts, and (iii) that instruments
issued under this | ||
Section within the supplementary authority granted by the
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Omnibus Bond Acts are not invalid because of any provision of | ||
this Act that
may appear to be or to have been more restrictive | ||
than those Acts.
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(r) When the purposes for which the bonds are issued have | ||
been accomplished
and paid for in full and there remain funds | ||
on hand from the proceeds of
the bond sale and interest | ||
earnings therefrom, the board shall, by
resolution, use such | ||
excess funds in accordance with the provisions of
Section | ||
10-22.14 of this Act.
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(s) Whenever any tax is levied or bonds issued for fire | ||
prevention, safety,
energy conservation, and school security | ||
purposes, such proceeds shall be
deposited and accounted for | ||
separately within the Fire Prevention and Safety
Fund.
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(Source: P.A. 95-675, eff. 10-11-07; 95-793, eff. 1-1-09.)
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Section 99. Effective date. This Act takes effect upon | ||
becoming law.
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