| ||||||||||||||||||||
| ||||||||||||||||||||
| ||||||||||||||||||||
| 1 | AN ACT concerning education. | |||||||||||||||||||
| 2 | Be it enacted by the People of the State of Illinois, | |||||||||||||||||||
| 3 | represented in the General Assembly: | |||||||||||||||||||
| 4 | Section 5. The School Code is amended by changing Section | |||||||||||||||||||
| 5 | 17-2A as follows: | |||||||||||||||||||
| 6 | (105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A) | |||||||||||||||||||
| 7 | Sec. 17-2A. Interfund transfers. | |||||||||||||||||||
| 8 | (a) The school board of any district having a population | |||||||||||||||||||
| 9 | of less than 500,000 inhabitants may, by proper resolution | |||||||||||||||||||
| 10 | following a public hearing set by the school board or the | |||||||||||||||||||
| 11 | president of the school board (that is preceded (i) by at least | |||||||||||||||||||
| 12 | one published notice over the name of the clerk or secretary of | |||||||||||||||||||
| 13 | the board, occurring at least 7 days and not more than 30 days | |||||||||||||||||||
| 14 | prior to the hearing, in a newspaper of general circulation | |||||||||||||||||||
| 15 | within the school district and (ii) by posted notice over the | |||||||||||||||||||
| 16 | name of the clerk or secretary of the board, at least 48 hours | |||||||||||||||||||
| 17 | before the hearing, at the principal office of the school | |||||||||||||||||||
| 18 | board or at the building where the hearing is to be held if a | |||||||||||||||||||
| 19 | principal office does not exist, with both notices setting | |||||||||||||||||||
| 20 | forth the time, date, place, and subject matter of the | |||||||||||||||||||
| 21 | hearing), transfer money from (1) the Educational Fund to the | |||||||||||||||||||
| 22 | Operations and Maintenance Fund or the Transportation Fund, | |||||||||||||||||||
| 23 | (2) the Operations and Maintenance Fund to the Educational | |||||||||||||||||||
| |||||||
| |||||||
| 1 | Fund or the Transportation Fund, (3) the Transportation Fund | ||||||
| 2 | to the Educational Fund or the Operations and Maintenance | ||||||
| 3 | Fund, or (4) the Tort Immunity Fund to the Operations and | ||||||
| 4 | Maintenance Fund of said district, provided that, except | ||||||
| 5 | during the period from July 1, 2003 through June 30, 2029 2026, | ||||||
| 6 | such transfer is made solely for the purpose of meeting | ||||||
| 7 | one-time, non-recurring expenses. Except during the period | ||||||
| 8 | from July 1, 2003 through June 30, 2029 2026 and except as | ||||||
| 9 | otherwise provided in subsection (b) of this Section, any | ||||||
| 10 | other permanent interfund transfers authorized by any | ||||||
| 11 | provision or judicial interpretation of this Code for which | ||||||
| 12 | the transferee fund is not precisely and specifically set | ||||||
| 13 | forth in the provision of this Code authorizing such transfer | ||||||
| 14 | shall be made to the fund of the school district most in need | ||||||
| 15 | of the funds being transferred, as determined by resolution of | ||||||
| 16 | the school board. | ||||||
| 17 | (b) (Blank). | ||||||
| 18 | (c) Notwithstanding subsection (a) of this Section or any | ||||||
| 19 | other provision of this Code to the contrary, the school board | ||||||
| 20 | of any school district (i) that is subject to the Property Tax | ||||||
| 21 | Extension Limitation Law, (ii) that is an elementary district | ||||||
| 22 | servicing students in grades K through 8, (iii) whose | ||||||
| 23 | territory is in one county, (iv) that is eligible for Section | ||||||
| 24 | 7002 Federal Impact Aid, and (v) that has no more than $81,000 | ||||||
| 25 | in funds remaining from refinancing bonds that were refinanced | ||||||
| 26 | a minimum of 5 years prior to January 20, 2017 (the effective | ||||||
| |||||||
| |||||||
| 1 | date of Public Act 99-926) may make a one-time transfer of the | ||||||
| 2 | funds remaining from the refinancing bonds to the Operations | ||||||
| 3 | and Maintenance Fund of the district by proper resolution | ||||||
| 4 | following a public hearing set by the school board or the | ||||||
| 5 | president of the school board, with notice as provided in | ||||||
| 6 | subsection (a) of this Section, so long as the district meets | ||||||
| 7 | the qualifications set forth in this subsection (c) on January | ||||||
| 8 | 20, 2017 (the effective date of Public Act 99-926). | ||||||
| 9 | (d) Notwithstanding subsection (a) of this Section or any | ||||||
| 10 | other provision of this Code to the contrary, the school board | ||||||
| 11 | of any school district (i) that is subject to the Property Tax | ||||||
| 12 | Extension Limitation Law, (ii) that is a community unit school | ||||||
| 13 | district servicing students in grades K through 12, (iii) | ||||||
| 14 | whose territory is in one county, (iv) that owns property | ||||||
| 15 | designated by the United States as a Superfund site pursuant | ||||||
| 16 | to the federal Comprehensive Environmental Response, | ||||||
| 17 | Compensation and Liability Act of 1980 (42 U.S.C. 9601 et | ||||||
| 18 | seq.), and (v) that has an excess accumulation of funds in its | ||||||
| 19 | bond fund, including funds accumulated prior to July 1, 2000, | ||||||
| 20 | may make a one-time transfer of those excess funds accumulated | ||||||
| 21 | prior to July 1, 2000 to the Operations and Maintenance Fund of | ||||||
| 22 | the district by proper resolution following a public hearing | ||||||
| 23 | set by the school board or the president of the school board, | ||||||
| 24 | with notice as provided in subsection (a) of this Section, so | ||||||
| 25 | long as the district meets the qualifications set forth in | ||||||
| 26 | this subsection (d) on August 4, 2017 (the effective date of | ||||||
| |||||||
| |||||||
| 1 | Public Act 100-32). | ||||||
| 2 | (Source: P.A. 102-671, eff. 11-30-21; 102-895, eff. 5-23-22; | ||||||
| 3 | 103-601, eff. 7-1-24.) | ||||||
| 4 | Section 99. Effective date. This Act takes effect upon | ||||||
| 5 | becoming law. | ||||||