Sen. James F. Clayborne, Jr.
Filed: 4/29/2010
|
|||||||
| |||||||
| |||||||
1 | AMENDMENT TO HOUSE BILL 19
| ||||||
2 | AMENDMENT NO. ______. Amend House Bill 19, AS AMENDED, by | ||||||
3 | replacing everything after the enacting clause with the | ||||||
4 | following:
| ||||||
5 | "Section 5. The School Code is amended by changing Sections | ||||||
6 | 10-22.36, 19-1, and 19-3 as follows: | ||||||
7 | (105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36) | ||||||
8 | Sec. 10-22.36. Buildings for school purposes. To build or | ||||||
9 | purchase a building for school classroom or
instructional | ||||||
10 | purposes upon the approval of a majority of the voters upon the
| ||||||
11 | proposition at a referendum held for such purpose or in | ||||||
12 | accordance with
Section 17-2.11, 19-3, 19-3.5, or 19-3.10. The | ||||||
13 | board may initiate such referendum by resolution.
The board | ||||||
14 | shall certify the resolution and proposition to the proper
| ||||||
15 | election authority for submission in accordance with the | ||||||
16 | general election law. |
| |||||||
| |||||||
1 | The questions of building one or more new buildings for | ||||||
2 | school
purposes or office facilities, and issuing bonds for the | ||||||
3 | purpose of
borrowing money to purchase one or more buildings or | ||||||
4 | sites for such
buildings or office sites, to build one or more | ||||||
5 | new buildings for school
purposes or office facilities or to | ||||||
6 | make additions and improvements to
existing school buildings, | ||||||
7 | may be combined into one or more propositions
on the ballot. | ||||||
8 | Before erecting, or purchasing or remodeling such a | ||||||
9 | building the
board shall submit the plans and specifications | ||||||
10 | respecting heating,
ventilating, lighting, seating, water | ||||||
11 | supply, toilets and safety against
fire to the regional | ||||||
12 | superintendent of schools having supervision and
control over | ||||||
13 | the district, for approval in accordance with Section 2-3.12. | ||||||
14 | Notwithstanding any of the foregoing, no referendum shall | ||||||
15 | be required
if the purchase, construction, or building of any
| ||||||
16 | such
building is completed (1) while the building is being
| ||||||
17 | leased by the school district or (2) with the expenditure of | ||||||
18 | (A) funds
derived from the sale or disposition of other | ||||||
19 | buildings, land, or
structures of the school district or (B) | ||||||
20 | funds received (i) as a
grant under the
School Construction | ||||||
21 | Law, (ii) as gifts or donations,
provided that no funds to | ||||||
22 | complete such building, other than lease
payments, are
derived | ||||||
23 | from the district's bonded indebtedness or the tax levy of
the
| ||||||
24 | district, or (iii) from the County School Facility Occupation | ||||||
25 | Tax Law under Section 5-1006.7 of the Counties Code. | ||||||
26 | (Source: P.A. 95-675, eff. 10-11-07; 96-517, eff. 8-14-09.) |
| |||||||
| |||||||
1 | (105 ILCS 5/19-1) | ||||||
2 | Sec. 19-1. Debt limitations of school districts. | ||||||
3 | (a) School districts shall not be subject to the provisions | ||||||
4 | limiting their
indebtedness prescribed in "An Act to limit the | ||||||
5 | indebtedness of counties having
a population of less than | ||||||
6 | 500,000 and townships, school districts and other
municipal | ||||||
7 | corporations having a population of less than 300,000", | ||||||
8 | approved
February 15, 1928, as amended. | ||||||
9 | No school districts maintaining grades K through 8 or 9 | ||||||
10 | through 12
shall become indebted in any manner or for any | ||||||
11 | purpose to an amount,
including existing indebtedness, in the | ||||||
12 | aggregate exceeding 6.9% on the
value of the taxable property | ||||||
13 | therein to be ascertained by the last assessment
for State and | ||||||
14 | county taxes or, until January 1, 1983, if greater, the sum | ||||||
15 | that
is produced by multiplying the school district's 1978 | ||||||
16 | equalized assessed
valuation by the debt limitation percentage | ||||||
17 | in effect on January 1, 1979,
previous to the incurring of such | ||||||
18 | indebtedness. | ||||||
19 | No school districts maintaining grades K through 12 shall | ||||||
20 | become
indebted in any manner or for any purpose to an amount, | ||||||
21 | including
existing indebtedness, in the aggregate exceeding | ||||||
22 | 13.8% on the value of
the taxable property therein to be | ||||||
23 | ascertained by the last assessment
for State and county taxes | ||||||
24 | or, until January 1, 1983, if greater, the sum that
is produced | ||||||
25 | by multiplying the school district's 1978 equalized assessed
|
| |||||||
| |||||||
1 | valuation by the debt limitation percentage in effect on | ||||||
2 | January 1, 1979,
previous to the incurring of such | ||||||
3 | indebtedness. | ||||||
4 | No partial elementary unit district, as defined in Article | ||||||
5 | 11E of this Code, shall become indebted in any manner or for | ||||||
6 | any purpose in an amount, including existing indebtedness, in | ||||||
7 | the aggregate exceeding 6.9% of the value of the taxable | ||||||
8 | property of the entire district, to be ascertained by the last | ||||||
9 | assessment for State and county taxes, plus an amount, | ||||||
10 | including existing indebtedness, in the aggregate exceeding | ||||||
11 | 6.9% of the value of the taxable property of that portion of | ||||||
12 | the district included in the elementary and high school | ||||||
13 | classification, to be ascertained by the last assessment for | ||||||
14 | State and county taxes. Moreover, no partial elementary unit | ||||||
15 | district, as defined in Article 11E of this Code, shall become | ||||||
16 | indebted on account of bonds issued by the district for high | ||||||
17 | school purposes in the aggregate exceeding 6.9% of the value of | ||||||
18 | the taxable property of the entire district, to be ascertained | ||||||
19 | by the last assessment for State and county taxes, nor shall | ||||||
20 | the district become indebted on account of bonds issued by the | ||||||
21 | district for elementary purposes in the aggregate exceeding | ||||||
22 | 6.9% of the value of the taxable property for that portion of | ||||||
23 | the district included in the elementary and high school | ||||||
24 | classification, to be ascertained by the last assessment for | ||||||
25 | State and county taxes.
| ||||||
26 | Notwithstanding the provisions of any other law to the |
| |||||||
| |||||||
1 | contrary, in any
case in which the voters of a school district | ||||||
2 | have approved a proposition
for the issuance of bonds of such | ||||||
3 | school district at an election held prior
to January 1, 1979, | ||||||
4 | and all of the bonds approved at such election have
not been | ||||||
5 | issued, the debt limitation applicable to such school district
| ||||||
6 | during the calendar year 1979 shall be computed by multiplying | ||||||
7 | the value
of taxable property therein, including personal | ||||||
8 | property, as ascertained
by the last assessment for State and | ||||||
9 | county taxes, previous to the incurring
of such indebtedness, | ||||||
10 | by the percentage limitation applicable to such school
district | ||||||
11 | under the provisions of this subsection (a). | ||||||
12 | (b) Notwithstanding the debt limitation prescribed in | ||||||
13 | subsection (a)
of this Section, additional indebtedness may be | ||||||
14 | incurred in an amount
not to exceed the estimated cost of | ||||||
15 | acquiring or improving school sites
or constructing and | ||||||
16 | equipping additional building facilities under the
following | ||||||
17 | conditions: | ||||||
18 | (1) Whenever the enrollment of students for the next | ||||||
19 | school year is
estimated by the board of education to | ||||||
20 | increase over the actual present
enrollment by not less | ||||||
21 | than 35% or by not less than 200 students or the
actual | ||||||
22 | present enrollment of students has increased over the | ||||||
23 | previous
school year by not less than 35% or by not less | ||||||
24 | than 200 students and
the board of education determines | ||||||
25 | that additional school sites or
building facilities are | ||||||
26 | required as a result of such increase in
enrollment; and |
| |||||||
| |||||||
1 | (2) When the Regional Superintendent of Schools having | ||||||
2 | jurisdiction
over the school district and the State | ||||||
3 | Superintendent of Education
concur in such enrollment | ||||||
4 | projection or increase and approve the need
for such | ||||||
5 | additional school sites or building facilities and the
| ||||||
6 | estimated cost thereof; and | ||||||
7 | (3) When the voters in the school district approve a | ||||||
8 | proposition for
the issuance of bonds for the purpose of | ||||||
9 | acquiring or improving such
needed school sites or | ||||||
10 | constructing and equipping such needed additional
building | ||||||
11 | facilities at an election called and held for that purpose.
| ||||||
12 | Notice of such an election shall state that the amount of | ||||||
13 | indebtedness
proposed to be incurred would exceed the debt | ||||||
14 | limitation otherwise
applicable to the school district. | ||||||
15 | The ballot for such proposition
shall state what percentage | ||||||
16 | of the equalized assessed valuation will be
outstanding in | ||||||
17 | bonds if the proposed issuance of bonds is approved by
the | ||||||
18 | voters; or | ||||||
19 | (4) Notwithstanding the provisions of paragraphs (1) | ||||||
20 | through (3) of
this subsection (b), if the school board | ||||||
21 | determines that additional
facilities are needed to | ||||||
22 | provide a quality educational program and not
less than 2/3 | ||||||
23 | of those voting in an election called by the school board
| ||||||
24 | on the question approve the issuance of bonds for the | ||||||
25 | construction of
such facilities, the school district may | ||||||
26 | issue bonds for this
purpose; or |
| |||||||
| |||||||
1 | (5) Notwithstanding the provisions of paragraphs (1) | ||||||
2 | through (3) of this
subsection (b), if (i) the school | ||||||
3 | district has previously availed itself of the
provisions of | ||||||
4 | paragraph (4) of this subsection (b) to enable it to issue | ||||||
5 | bonds,
(ii) the voters of the school district have not | ||||||
6 | defeated a proposition for the
issuance of bonds since the | ||||||
7 | referendum described in paragraph (4) of this
subsection | ||||||
8 | (b) was held, (iii) the school board determines that | ||||||
9 | additional
facilities are needed to provide a quality | ||||||
10 | educational program, and (iv) a
majority of those voting in | ||||||
11 | an election called by the school board on the
question | ||||||
12 | approve the issuance of bonds for the construction of such | ||||||
13 | facilities,
the school district may issue bonds for this | ||||||
14 | purpose. | ||||||
15 | In no event shall the indebtedness incurred pursuant to | ||||||
16 | this
subsection (b) and the existing indebtedness of the school | ||||||
17 | district
exceed 15% of the value of the taxable property | ||||||
18 | therein to be
ascertained by the last assessment for State and | ||||||
19 | county taxes, previous
to the incurring of such indebtedness | ||||||
20 | or, until January 1, 1983, if greater,
the sum that is produced | ||||||
21 | by multiplying the school district's 1978 equalized
assessed | ||||||
22 | valuation by the debt limitation percentage in effect on | ||||||
23 | January 1,
1979. | ||||||
24 | The indebtedness provided for by this subsection (b) shall | ||||||
25 | be in
addition to and in excess of any other debt limitation. | ||||||
26 | (c) Notwithstanding the debt limitation prescribed in |
| |||||||
| |||||||
1 | subsection (a)
of this Section, in any case in which a public | ||||||
2 | question for the issuance
of bonds of a proposed school | ||||||
3 | district maintaining grades kindergarten
through 12 received | ||||||
4 | at least 60% of the valid ballots cast on the question at
an | ||||||
5 | election held on or prior to November 8, 1994, and in which the | ||||||
6 | bonds
approved at such election have not been issued, the | ||||||
7 | school district pursuant to
the requirements of Section 11A-10 | ||||||
8 | (now repealed) may issue the total amount of bonds approved
at | ||||||
9 | such election for the purpose stated in the question. | ||||||
10 | (d) Notwithstanding the debt limitation prescribed in | ||||||
11 | subsection (a)
of this Section, a school district that meets | ||||||
12 | all the criteria set forth in
paragraphs (1) and (2) of this | ||||||
13 | subsection (d) may incur an additional
indebtedness in an | ||||||
14 | amount not to exceed $4,500,000, even though the amount of
the | ||||||
15 | additional indebtedness authorized by this subsection (d), | ||||||
16 | when incurred
and added to the aggregate amount of indebtedness | ||||||
17 | of the district existing
immediately prior to the district | ||||||
18 | incurring the additional indebtedness
authorized by this | ||||||
19 | subsection (d), causes the aggregate indebtedness of the
| ||||||
20 | district to exceed the debt limitation otherwise applicable to | ||||||
21 | that district
under subsection (a): | ||||||
22 | (1) The additional indebtedness authorized by this | ||||||
23 | subsection (d) is
incurred by the school district through | ||||||
24 | the issuance of bonds under and in
accordance with Section | ||||||
25 | 17-2.11a for the purpose of replacing a school
building | ||||||
26 | which, because of mine subsidence damage, has been closed |
| |||||||
| |||||||
1 | as provided
in paragraph (2) of this subsection (d) or | ||||||
2 | through the issuance of bonds under
and in accordance with | ||||||
3 | Section 19-3 for the purpose of increasing the size of,
or | ||||||
4 | providing for additional functions in, such replacement | ||||||
5 | school buildings, or
both such purposes. | ||||||
6 | (2) The bonds issued by the school district as provided | ||||||
7 | in paragraph (1)
above are issued for the purposes of | ||||||
8 | construction by the school district of
a new school | ||||||
9 | building pursuant to Section 17-2.11, to replace an | ||||||
10 | existing
school building that, because of mine subsidence | ||||||
11 | damage, is closed as of the
end of the 1992-93 school year | ||||||
12 | pursuant to action of the regional
superintendent of | ||||||
13 | schools of the educational service region in which the
| ||||||
14 | district is located under Section 3-14.22 or are issued for | ||||||
15 | the purpose of
increasing the size of, or providing for | ||||||
16 | additional functions in, the new
school building being | ||||||
17 | constructed to replace a school building closed as the
| ||||||
18 | result of mine subsidence damage, or both such purposes. | ||||||
19 | (e) (Blank). | ||||||
20 | (f) Notwithstanding the provisions of subsection (a) of | ||||||
21 | this Section or of
any other law, bonds in not to exceed the | ||||||
22 | aggregate amount of $5,500,000 and
issued by a school district | ||||||
23 | meeting the following criteria shall not be
considered | ||||||
24 | indebtedness for purposes of any statutory limitation and may | ||||||
25 | be
issued in an amount or amounts, including existing | ||||||
26 | indebtedness, in excess of
any heretofore or hereafter imposed |
| |||||||
| |||||||
1 | statutory limitation as to indebtedness: | ||||||
2 | (1) At the time of the sale of such bonds, the board of | ||||||
3 | education of the
district shall have determined by | ||||||
4 | resolution that the enrollment of students in
the district | ||||||
5 | is projected to increase by not less than 7% during each of | ||||||
6 | the
next succeeding 2 school years. | ||||||
7 | (2) The board of education shall also determine by | ||||||
8 | resolution that the
improvements to be financed with the | ||||||
9 | proceeds of the bonds are needed because
of the projected | ||||||
10 | enrollment increases. | ||||||
11 | (3) The board of education shall also determine by | ||||||
12 | resolution that the
projected increases in enrollment are | ||||||
13 | the result of improvements made or
expected to be made to | ||||||
14 | passenger rail facilities located in the school
district. | ||||||
15 | Notwithstanding the provisions of subsection (a) of this | ||||||
16 | Section or of any other law, a school district that has availed | ||||||
17 | itself of the provisions of this subsection (f) prior to July | ||||||
18 | 22, 2004 (the effective date of Public Act 93-799) may also | ||||||
19 | issue bonds approved by referendum up to an amount, including | ||||||
20 | existing indebtedness, not exceeding 25% of the equalized | ||||||
21 | assessed value of the taxable property in the district if all | ||||||
22 | of the conditions set forth in items (1), (2), and (3) of this | ||||||
23 | subsection (f) are met.
| ||||||
24 | (g) Notwithstanding the provisions of subsection (a) of | ||||||
25 | this Section or any
other law, bonds in not to exceed an | ||||||
26 | aggregate amount of 25% of the equalized
assessed value of the |
| |||||||
| |||||||
1 | taxable property of a school district and issued by a
school | ||||||
2 | district meeting the criteria in paragraphs (i) through (iv) of | ||||||
3 | this
subsection shall not be considered indebtedness for | ||||||
4 | purposes of any statutory
limitation and may be issued pursuant | ||||||
5 | to resolution of the school board in an
amount or amounts, | ||||||
6 | including existing indebtedness, in
excess of any statutory | ||||||
7 | limitation of indebtedness heretofore or hereafter
imposed: | ||||||
8 | (i) The bonds are issued for the purpose of | ||||||
9 | constructing a new high school
building to replace two | ||||||
10 | adjacent existing buildings which together house a
single | ||||||
11 | high school, each of which is more than 65 years old, and | ||||||
12 | which together
are located on more than 10 acres and less | ||||||
13 | than 11 acres of property. | ||||||
14 | (ii) At the time the resolution authorizing the | ||||||
15 | issuance of the bonds is
adopted, the cost of constructing | ||||||
16 | a new school building to replace the existing
school | ||||||
17 | building is less than 60% of the cost of repairing the | ||||||
18 | existing school
building. | ||||||
19 | (iii) The sale of the bonds occurs before July 1, 1997. | ||||||
20 | (iv) The school district issuing the bonds is a unit | ||||||
21 | school district
located in a county of less than 70,000 and | ||||||
22 | more than 50,000 inhabitants,
which has an average daily | ||||||
23 | attendance of less than 1,500 and an equalized
assessed | ||||||
24 | valuation of less than $29,000,000. | ||||||
25 | (h) Notwithstanding any other provisions of this Section or | ||||||
26 | the
provisions of any other law, until January 1, 1998, a |
| |||||||
| |||||||
1 | community unit school
district maintaining grades K through 12 | ||||||
2 | may issue bonds up to an amount,
including existing | ||||||
3 | indebtedness, not exceeding 27.6% of the equalized assessed
| ||||||
4 | value of the taxable property in the district, if all of the | ||||||
5 | following
conditions are met: | ||||||
6 | (i) The school district has an equalized assessed | ||||||
7 | valuation for calendar
year 1995 of less than $24,000,000; | ||||||
8 | (ii) The bonds are issued for the capital improvement, | ||||||
9 | renovation,
rehabilitation, or replacement of existing | ||||||
10 | school buildings of the district,
all of which buildings | ||||||
11 | were originally constructed not less than 40 years ago; | ||||||
12 | (iii) The voters of the district approve a proposition | ||||||
13 | for the issuance of
the bonds at a referendum held after | ||||||
14 | March 19, 1996; and | ||||||
15 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
16 | through 19-7 of this
Code. | ||||||
17 | (i) Notwithstanding any other provisions of this Section or | ||||||
18 | the provisions
of any other law, until January 1, 1998, a | ||||||
19 | community unit school district
maintaining grades K through 12 | ||||||
20 | may issue bonds up to an amount, including
existing | ||||||
21 | indebtedness, not exceeding 27% of the equalized assessed value | ||||||
22 | of the
taxable property in the district, if all of the | ||||||
23 | following conditions are met: | ||||||
24 | (i) The school district has an equalized assessed | ||||||
25 | valuation for calendar
year 1995 of less than $44,600,000; | ||||||
26 | (ii) The bonds are issued for the capital improvement, |
| |||||||
| |||||||
1 | renovation,
rehabilitation, or replacement
of existing | ||||||
2 | school buildings of the district, all of which
existing | ||||||
3 | buildings were originally constructed not less than 80 | ||||||
4 | years ago; | ||||||
5 | (iii) The voters of the district approve a proposition | ||||||
6 | for the issuance of
the bonds at a referendum held after | ||||||
7 | December 31, 1996; and | ||||||
8 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
9 | through 19-7 of this
Code. | ||||||
10 | (j) Notwithstanding any other provisions of this Section or | ||||||
11 | the
provisions of any other law, until January 1, 1999, a | ||||||
12 | community unit school
district maintaining grades K through 12 | ||||||
13 | may issue bonds up to an amount,
including existing | ||||||
14 | indebtedness, not exceeding 27% of the equalized assessed
value | ||||||
15 | of the taxable property in the district if all of the following
| ||||||
16 | conditions are met: | ||||||
17 | (i) The school district has an equalized assessed | ||||||
18 | valuation for calendar
year 1995 of less than $140,000,000 | ||||||
19 | and a best 3 months
average daily
attendance for the | ||||||
20 | 1995-96 school year of at least 2,800; | ||||||
21 | (ii) The bonds are issued to purchase a site and build | ||||||
22 | and equip a new
high school, and the school district's | ||||||
23 | existing high school was originally
constructed not less | ||||||
24 | than 35
years prior to the sale of the bonds; | ||||||
25 | (iii) At the time of the sale of the bonds, the board | ||||||
26 | of education
determines
by resolution that a new high |
| |||||||
| |||||||
1 | school is needed because of projected enrollment
| ||||||
2 | increases; | ||||||
3 | (iv) At least 60% of those voting in an election held
| ||||||
4 | after December 31, 1996 approve a proposition
for the | ||||||
5 | issuance of
the bonds; and | ||||||
6 | (v) The bonds are issued pursuant to Sections 19-2 | ||||||
7 | through
19-7 of this Code. | ||||||
8 | (k) Notwithstanding the debt limitation prescribed in | ||||||
9 | subsection (a) of
this Section, a school district that meets | ||||||
10 | all the criteria set forth in
paragraphs (1) through (4) of | ||||||
11 | this subsection (k) may issue bonds to incur an
additional | ||||||
12 | indebtedness in an amount not to exceed $4,000,000 even though | ||||||
13 | the
amount of the additional indebtedness authorized by this | ||||||
14 | subsection (k), when
incurred and added to the aggregate amount | ||||||
15 | of indebtedness of the school
district existing immediately | ||||||
16 | prior to the school district incurring such
additional | ||||||
17 | indebtedness, causes the aggregate indebtedness of the school
| ||||||
18 | district to exceed or increases the amount by which the | ||||||
19 | aggregate indebtedness
of the district already exceeds the debt | ||||||
20 | limitation otherwise applicable to
that school district under | ||||||
21 | subsection (a): | ||||||
22 | (1) the school district is located in 2 counties, and a | ||||||
23 | referendum to
authorize the additional indebtedness was | ||||||
24 | approved by a majority of the voters
of the school district | ||||||
25 | voting on the proposition to authorize that
indebtedness; | ||||||
26 | (2) the additional indebtedness is for the purpose of |
| |||||||
| |||||||
1 | financing a
multi-purpose room addition to the existing | ||||||
2 | high school; | ||||||
3 | (3) the additional indebtedness, together with the | ||||||
4 | existing indebtedness
of the school district, shall not | ||||||
5 | exceed 17.4% of the value of the taxable
property in the | ||||||
6 | school district, to be ascertained by the last assessment | ||||||
7 | for
State and county taxes; and | ||||||
8 | (4) the bonds evidencing the additional indebtedness | ||||||
9 | are issued, if at
all, within 120 days of the effective | ||||||
10 | date of this amendatory Act of 1998. | ||||||
11 | (l) Notwithstanding any other provisions of this Section or | ||||||
12 | the
provisions of any other law, until January 1, 2000, a | ||||||
13 | school district
maintaining grades kindergarten through 8 may | ||||||
14 | issue bonds up to an amount,
including existing indebtedness, | ||||||
15 | not exceeding 15% of the equalized assessed
value of the | ||||||
16 | taxable property in the district if all of the following
| ||||||
17 | conditions are met: | ||||||
18 | (i) the district has an equalized assessed valuation | ||||||
19 | for calendar year
1996 of less than $10,000,000; | ||||||
20 | (ii) the bonds are issued for capital improvement, | ||||||
21 | renovation,
rehabilitation, or replacement of one or more | ||||||
22 | school buildings of the district,
which buildings were | ||||||
23 | originally constructed not less than 70 years ago; | ||||||
24 | (iii) the voters of the district approve a proposition | ||||||
25 | for the issuance of
the bonds at a referendum held on or | ||||||
26 | after March 17, 1998; and |
| |||||||
| |||||||
1 | (iv) the bonds are issued pursuant to Sections 19-2 | ||||||
2 | through 19-7 of this
Code. | ||||||
3 | (m) Notwithstanding any other provisions of this Section or | ||||||
4 | the provisions
of
any other law, until January 1, 1999, an | ||||||
5 | elementary school district maintaining
grades K through 8 may | ||||||
6 | issue bonds up to an amount, excluding existing
indebtedness, | ||||||
7 | not exceeding 18% of the equalized assessed value of the | ||||||
8 | taxable
property in the district, if all of the following | ||||||
9 | conditions are met: | ||||||
10 | (i) The school district has an equalized assessed | ||||||
11 | valuation for calendar
year 1995 or less than $7,700,000; | ||||||
12 | (ii) The school district operates 2 elementary | ||||||
13 | attendance centers that
until
1976 were operated as the | ||||||
14 | attendance centers of 2 separate and distinct school
| ||||||
15 | districts; | ||||||
16 | (iii) The bonds are issued for the construction of a | ||||||
17 | new elementary school
building to replace an existing | ||||||
18 | multi-level elementary school building of the
school | ||||||
19 | district that is not handicapped accessible at all levels | ||||||
20 | and parts of
which were constructed more than 75 years ago; | ||||||
21 | (iv) The voters of the school district approve a | ||||||
22 | proposition for the
issuance of the bonds at a referendum | ||||||
23 | held after July 1, 1998; and | ||||||
24 | (v) The bonds are issued pursuant to Sections 19-2 | ||||||
25 | through 19-7 of this
Code. | ||||||
26 | (n) Notwithstanding the debt limitation prescribed in |
| |||||||
| |||||||
1 | subsection (a) of
this Section or any other provisions of this | ||||||
2 | Section or of any other law, a
school district that meets all | ||||||
3 | of the criteria set forth in paragraphs (i)
through (vi) of | ||||||
4 | this subsection (n) may incur additional indebtedness by the
| ||||||
5 | issuance of bonds in an amount not exceeding the amount | ||||||
6 | certified by the
Capital Development Board to the school | ||||||
7 | district as provided in paragraph (iii)
of
this subsection (n), | ||||||
8 | even though the amount of the additional indebtedness so
| ||||||
9 | authorized, when incurred and added to the aggregate amount of | ||||||
10 | indebtedness of
the district existing immediately prior to the | ||||||
11 | district incurring the
additional indebtedness authorized by | ||||||
12 | this subsection (n), causes the aggregate
indebtedness of the | ||||||
13 | district to exceed the debt limitation otherwise applicable
by | ||||||
14 | law to that district: | ||||||
15 | (i) The school district applies to the State Board of | ||||||
16 | Education for a
school construction project grant and | ||||||
17 | submits a district facilities plan in
support
of its | ||||||
18 | application pursuant to Section 5-20 of
the School | ||||||
19 | Construction Law. | ||||||
20 | (ii) The school district's application and facilities | ||||||
21 | plan are approved
by,
and the district receives a grant | ||||||
22 | entitlement for a school construction project
issued by, | ||||||
23 | the State Board of Education under the School Construction | ||||||
24 | Law. | ||||||
25 | (iii) The school district has exhausted its bonding | ||||||
26 | capacity or the unused
bonding capacity of the district is |
| |||||||
| |||||||
1 | less than the amount certified by the
Capital Development | ||||||
2 | Board to the district under Section 5-15 of the School
| ||||||
3 | Construction Law as the dollar amount of the school | ||||||
4 | construction project's cost
that the district will be | ||||||
5 | required to finance with non-grant funds in order to
| ||||||
6 | receive a school construction project grant under the | ||||||
7 | School Construction Law. | ||||||
8 | (iv) The bonds are issued for a "school construction | ||||||
9 | project", as that
term is defined in Section 5-5 of the | ||||||
10 | School Construction Law, in an amount
that does not exceed | ||||||
11 | the dollar amount certified, as provided in paragraph
(iii) | ||||||
12 | of this subsection (n), by the Capital Development Board
to | ||||||
13 | the school
district under Section 5-15 of the School | ||||||
14 | Construction Law. | ||||||
15 | (v) The voters of the district approve a proposition | ||||||
16 | for the issuance of
the bonds at a referendum held after | ||||||
17 | the criteria specified in paragraphs (i)
and (iii) of this | ||||||
18 | subsection (n) are met. | ||||||
19 | (vi) The bonds are issued pursuant to Sections 19-2 | ||||||
20 | through 19-7 of the
School Code. | ||||||
21 | (o) Notwithstanding any other provisions of this Section or | ||||||
22 | the
provisions of any other law, until November 1, 2007, a | ||||||
23 | community unit
school district maintaining grades K through 12 | ||||||
24 | may issue bonds up to
an amount, including existing | ||||||
25 | indebtedness, not exceeding 20% of the
equalized assessed value | ||||||
26 | of the taxable property in the district if all of the
following |
| |||||||
| |||||||
1 | conditions are met: | ||||||
2 | (i) the school district has an equalized assessed | ||||||
3 | valuation
for calendar year 2001 of at least $737,000,000 | ||||||
4 | and an enrollment
for the 2002-2003 school year of at least | ||||||
5 | 8,500; | ||||||
6 | (ii) the bonds are issued to purchase school sites, | ||||||
7 | build and
equip a new high school, build and equip a new | ||||||
8 | junior high school,
build and equip 5 new elementary | ||||||
9 | schools, and make technology
and other improvements and | ||||||
10 | additions to existing schools; | ||||||
11 | (iii) at the time of the sale of the bonds, the board | ||||||
12 | of
education determines by resolution that the sites and | ||||||
13 | new or
improved facilities are needed because of projected | ||||||
14 | enrollment
increases; | ||||||
15 | (iv) at least 57% of those voting in a general election | ||||||
16 | held
prior to January 1, 2003 approved a proposition for | ||||||
17 | the issuance of
the bonds; and | ||||||
18 | (v) the bonds are issued pursuant to Sections 19-2 | ||||||
19 | through
19-7 of this Code. | ||||||
20 | (p) Notwithstanding any other provisions of this Section or | ||||||
21 | the provisions of any other law, a community unit school | ||||||
22 | district maintaining grades K through 12 may issue bonds up to | ||||||
23 | an amount, including indebtedness, not exceeding 27% of the | ||||||
24 | equalized assessed value of the taxable property in the | ||||||
25 | district if all of the following conditions are met: | ||||||
26 | (i) The school district has an equalized assessed |
| |||||||
| |||||||
1 | valuation for calendar year 2001 of at least $295,741,187 | ||||||
2 | and a best 3 months' average daily attendance for the | ||||||
3 | 2002-2003 school year of at least 2,394. | ||||||
4 | (ii) The bonds are issued to build and equip 3 | ||||||
5 | elementary school buildings; build and equip one middle | ||||||
6 | school building; and alter, repair, improve, and equip all | ||||||
7 | existing school buildings in the district. | ||||||
8 | (iii) At the time of the sale of the bonds, the board | ||||||
9 | of education determines by resolution that the project is | ||||||
10 | needed because of expanding growth in the school district | ||||||
11 | and a projected enrollment increase. | ||||||
12 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
13 | through 19-7 of this Code.
| ||||||
14 | (p-5) Notwithstanding any other provisions of this Section | ||||||
15 | or the provisions of any other law, bonds issued by a community | ||||||
16 | unit school district maintaining grades K through 12 shall not | ||||||
17 | be considered indebtedness for purposes of any statutory | ||||||
18 | limitation and may be issued in an amount or amounts, including | ||||||
19 | existing indebtedness, in excess of any heretofore or hereafter | ||||||
20 | imposed statutory limitation as to indebtedness, if all of the | ||||||
21 | following conditions are met: | ||||||
22 | (i) For each of the 4 most recent years, residential | ||||||
23 | property comprises more than 80% of the equalized assessed | ||||||
24 | valuation of the district. | ||||||
25 | (ii) At least 2 school buildings that were constructed | ||||||
26 | 40 or more years prior to the issuance of the bonds will be |
| |||||||
| |||||||
1 | demolished and will be replaced by new buildings or | ||||||
2 | additions to one or more existing buildings. | ||||||
3 | (iii) Voters of the district approve a proposition for | ||||||
4 | the issuance of the bonds at a regularly scheduled | ||||||
5 | election. | ||||||
6 | (iv) At the time of the sale of the bonds, the school | ||||||
7 | board determines by resolution that the new buildings or | ||||||
8 | building additions are needed because of an increase in | ||||||
9 | enrollment projected by the school board. | ||||||
10 | (v) The principal amount of the bonds, including | ||||||
11 | existing indebtedness, does not exceed 25% of the equalized | ||||||
12 | assessed value of the taxable property in the district. | ||||||
13 | (vi) The bonds are issued prior to January 1, 2007, | ||||||
14 | pursuant to Sections 19-2 through 19-7 of this Code.
| ||||||
15 | (p-10) Notwithstanding any other provisions of this | ||||||
16 | Section or the provisions of any other law, bonds issued by a | ||||||
17 | community consolidated school district maintaining grades K | ||||||
18 | through 8 shall not be considered indebtedness for purposes of | ||||||
19 | any statutory limitation and may be issued in an amount or | ||||||
20 | amounts, including existing indebtedness, in excess of any | ||||||
21 | heretofore or hereafter imposed statutory limitation as to | ||||||
22 | indebtedness, if all of the following conditions are met: | ||||||
23 | (i) For each of the 4 most recent years, residential | ||||||
24 | and farm property comprises more than 80% of the equalized | ||||||
25 | assessed valuation of the district. | ||||||
26 | (ii) The bond proceeds are to be used to acquire and |
| |||||||
| |||||||
1 | improve school sites and build and equip a school building. | ||||||
2 | (iii) Voters of the district approve a proposition for | ||||||
3 | the issuance of the bonds at a regularly scheduled | ||||||
4 | election. | ||||||
5 | (iv) At the time of the sale of the bonds, the school | ||||||
6 | board determines by resolution that the school sites and | ||||||
7 | building additions are needed because of an increase in | ||||||
8 | enrollment projected by the school board. | ||||||
9 | (v) The principal amount of the bonds, including | ||||||
10 | existing indebtedness, does not exceed 20% of the equalized | ||||||
11 | assessed value of the taxable property in the district. | ||||||
12 | (vi) The bonds are issued prior to January 1, 2007, | ||||||
13 | pursuant to Sections 19-2 through 19-7 of this Code.
| ||||||
14 | (p-15) In addition to all other authority to issue bonds, | ||||||
15 | the Oswego Community Unit School District Number 308 may issue | ||||||
16 | bonds with an aggregate principal amount not to exceed | ||||||
17 | $450,000,000, but only if all of the following conditions are | ||||||
18 | met: | ||||||
19 | (i) The voters of the district have approved a | ||||||
20 | proposition for the bond issue at the general election held | ||||||
21 | on November 7, 2006. | ||||||
22 | (ii) At the time of the sale of the bonds, the school | ||||||
23 | board determines, by resolution, that: (A) the building and | ||||||
24 | equipping of the new high school building, new junior high | ||||||
25 | school buildings, new elementary school buildings, early | ||||||
26 | childhood building, maintenance building, transportation |
| |||||||
| |||||||
1 | facility, and additions to existing school buildings, the | ||||||
2 | altering, repairing, equipping, and provision of | ||||||
3 | technology improvements to existing school buildings, and | ||||||
4 | the acquisition and improvement of school sites, as the | ||||||
5 | case may be, are required as a result of a projected | ||||||
6 | increase in the enrollment of students in the district; and | ||||||
7 | (B) the sale of bonds for these purposes is authorized by | ||||||
8 | legislation that exempts the debt incurred on the bonds | ||||||
9 | from the district's statutory debt limitation.
| ||||||
10 | (iii) The bonds are issued, in one or more bond issues, | ||||||
11 | on or before November 7, 2011, but the aggregate principal | ||||||
12 | amount issued in all such bond issues combined must not | ||||||
13 | exceed $450,000,000.
| ||||||
14 | (iv) The bonds are issued in accordance with this | ||||||
15 | Article 19. | ||||||
16 | (v) The proceeds of the bonds are used only to | ||||||
17 | accomplish those projects approved by the voters at the | ||||||
18 | general election held on November 7, 2006. | ||||||
19 | The debt incurred on any bonds issued under this subsection | ||||||
20 | (p-15) shall not be considered indebtedness for purposes of any | ||||||
21 | statutory debt limitation.
| ||||||
22 | (p-20) In addition to all other authority to issue bonds, | ||||||
23 | the Lincoln-Way Community High School District Number 210 may | ||||||
24 | issue bonds with an aggregate principal amount not to exceed | ||||||
25 | $225,000,000, but only if all of the following conditions are | ||||||
26 | met: |
| |||||||
| |||||||
1 | (i) The voters of the district have approved a | ||||||
2 | proposition for the bond issue at the general primary | ||||||
3 | election held on March 21, 2006. | ||||||
4 | (ii) At the time of the sale of the bonds, the school | ||||||
5 | board determines, by resolution, that: (A) the building and | ||||||
6 | equipping of the new high school buildings, the altering, | ||||||
7 | repairing, and equipping of existing school buildings, and | ||||||
8 | the improvement of school sites, as the case may be, are | ||||||
9 | required as a result of a projected increase in the | ||||||
10 | enrollment of students in the district; and (B) the sale of | ||||||
11 | bonds for these purposes is authorized by legislation that | ||||||
12 | exempts the debt incurred on the bonds from the district's | ||||||
13 | statutory debt limitation.
| ||||||
14 | (iii) The bonds are issued, in one or more bond issues, | ||||||
15 | on or before March 21, 2011, but the aggregate principal | ||||||
16 | amount issued in all such bond issues combined must not | ||||||
17 | exceed $225,000,000.
| ||||||
18 | (iv) The bonds are issued in accordance with this | ||||||
19 | Article 19. | ||||||
20 | (v) The proceeds of the bonds are used only to | ||||||
21 | accomplish those projects approved by the voters at the | ||||||
22 | primary election held on March 21, 2006. | ||||||
23 | The debt incurred on any bonds issued under this subsection | ||||||
24 | (p-20) shall not be considered indebtedness for purposes of any | ||||||
25 | statutory debt limitation.
| ||||||
26 | (p-25) In addition to all other authority to issue bonds, |
| |||||||
| |||||||
1 | Rochester Community Unit School District 3A may issue bonds | ||||||
2 | with an aggregate principal amount not to exceed $18,500,000, | ||||||
3 | but only if all of the following conditions are met: | ||||||
4 | (i) The voters of the district approve a proposition | ||||||
5 | for the bond issuance at the general primary election held | ||||||
6 | in 2008.
| ||||||
7 | (ii) At the time of the sale of the bonds, the school | ||||||
8 | board determines, by resolution, that: (A) the building and | ||||||
9 | equipping of a new high school building; the addition of | ||||||
10 | classrooms and support facilities at the high school, | ||||||
11 | middle school, and elementary school; the altering, | ||||||
12 | repairing, and equipping of existing school buildings; and | ||||||
13 | the improvement of school sites, as the case may be, are | ||||||
14 | required as a result of a projected increase in the | ||||||
15 | enrollment of students in the district; and (B) the sale of | ||||||
16 | bonds for these purposes is authorized by a law that | ||||||
17 | exempts the debt incurred on the bonds from the district's | ||||||
18 | statutory debt limitation. | ||||||
19 | (iii) The bonds are issued, in one or more bond issues, | ||||||
20 | on or before December 31, 2012, but the aggregate principal | ||||||
21 | amount issued in all such bond issues combined must not | ||||||
22 | exceed $18,500,000. | ||||||
23 | (iv) The bonds are issued in accordance with this | ||||||
24 | Article 19. | ||||||
25 | (v) The proceeds of the bonds are used to accomplish | ||||||
26 | only those projects approved by the voters at the primary |
| |||||||
| |||||||
1 | election held in 2008.
| ||||||
2 | The debt incurred on any bonds issued under this subsection | ||||||
3 | (p-25) shall not be considered indebtedness for purposes of any | ||||||
4 | statutory debt limitation.
| ||||||
5 | (p-30) In addition to all other authority to issue bonds, | ||||||
6 | Prairie Grove Consolidated School District 46 may issue bonds | ||||||
7 | with an aggregate principal amount not to exceed $30,000,000, | ||||||
8 | but only if all of the following conditions are met:
| ||||||
9 | (i) The voters of the district approve a proposition | ||||||
10 | for the bond issuance at an election held in 2008.
| ||||||
11 | (ii) At the time of the sale of the bonds, the school | ||||||
12 | board determines, by resolution, that (A) the building and | ||||||
13 | equipping of a new school building and additions to | ||||||
14 | existing school buildings are required as a result of a | ||||||
15 | projected increase in the enrollment of students in the | ||||||
16 | district and (B) the altering, repairing, and equipping of | ||||||
17 | existing school buildings are required because of the age | ||||||
18 | of the existing school buildings.
| ||||||
19 | (iii) The bonds are issued, in one or more bond | ||||||
20 | issuances, on or before December 31, 2012; however, the | ||||||
21 | aggregate principal amount issued in all such bond | ||||||
22 | issuances combined must not exceed $30,000,000.
| ||||||
23 | (iv) The bonds are issued in accordance with this | ||||||
24 | Article.
| ||||||
25 | (v) The proceeds of the bonds are used to accomplish | ||||||
26 | only those projects approved by the voters at an election |
| |||||||
| |||||||
1 | held in 2008.
| ||||||
2 | The debt incurred on any bonds issued under this subsection | ||||||
3 | (p-30) shall not be considered indebtedness for purposes of any | ||||||
4 | statutory debt limitation.
| ||||||
5 | (p-35) In addition to all other authority to issue bonds, | ||||||
6 | Prairie Hill Community Consolidated School District 133 may | ||||||
7 | issue bonds with an aggregate principal amount not to exceed | ||||||
8 | $13,900,000, but only if all of the following conditions are | ||||||
9 | met:
| ||||||
10 | (i) The voters of the district approved a proposition | ||||||
11 | for the bond issuance at an election held on April 17, | ||||||
12 | 2007.
| ||||||
13 | (ii) At the time of the sale of the bonds, the school | ||||||
14 | board determines, by resolution, that (A) the improvement | ||||||
15 | of the site of and the building and equipping of a school | ||||||
16 | building are required as a result of a projected increase | ||||||
17 | in the enrollment of students in the district and (B) the | ||||||
18 | repairing and equipping of the Prairie Hill Elementary | ||||||
19 | School building is required because of the age of that | ||||||
20 | school building.
| ||||||
21 | (iii) The bonds are issued, in one or more bond | ||||||
22 | issuances, on or before December 31, 2011, but the | ||||||
23 | aggregate principal amount issued in all such bond | ||||||
24 | issuances combined must not exceed $13,900,000.
| ||||||
25 | (iv) The bonds are issued in accordance with this | ||||||
26 | Article.
|
| |||||||
| |||||||
1 | (v) The proceeds of the bonds are used to accomplish | ||||||
2 | only those projects approved by the voters at an election | ||||||
3 | held on April 17, 2007.
| ||||||
4 | The debt incurred on any bonds issued under this subsection | ||||||
5 | (p-35) shall not be considered indebtedness for purposes of any | ||||||
6 | statutory debt limitation.
| ||||||
7 | (p-40) In addition to all other authority to issue bonds, | ||||||
8 | Mascoutah Community Unit District 19 may issue bonds with an | ||||||
9 | aggregate principal amount not to exceed $55,000,000, but only | ||||||
10 | if all of the following conditions are met: | ||||||
11 | (1) The voters of the district approve a proposition | ||||||
12 | for the bond issuance at a regular election held on or | ||||||
13 | after November 4, 2008. | ||||||
14 | (2) At the time of the sale of the bonds, the school | ||||||
15 | board determines, by resolution, that (i) the building and | ||||||
16 | equipping of a new high school building is required as a | ||||||
17 | result of a projected increase in the enrollment of | ||||||
18 | students in the district and the age and condition of the | ||||||
19 | existing high school building, (ii) the existing high | ||||||
20 | school building will be demolished, and (iii) the sale of | ||||||
21 | bonds is authorized by statute that exempts the debt | ||||||
22 | incurred on the bonds from the district's statutory debt | ||||||
23 | limitation. | ||||||
24 | (3) The bonds are issued, in one or more bond | ||||||
25 | issuances, on or before December 31, 2011, but the | ||||||
26 | aggregate principal amount issued in all such bond |
| |||||||
| |||||||
1 | issuances combined must not exceed $55,000,000. | ||||||
2 | (4) The bonds are issued in accordance with this | ||||||
3 | Article. | ||||||
4 | (5) The proceeds of the bonds are used to accomplish | ||||||
5 | only those projects approved by the voters at a regular | ||||||
6 | election held on or after November 4, 2008. | ||||||
7 | The debt incurred on any bonds issued under this subsection | ||||||
8 | (p-40) shall not be considered indebtedness for purposes of any | ||||||
9 | statutory debt limitation. | ||||||
10 | (p-43) Notwithstanding any other provisions of this | ||||||
11 | Section or the provisions of any other law, non-referendum | ||||||
12 | bonds issued in accordance with Section 19-3 of this Code shall | ||||||
13 | not be considered indebtedness for purposes of any statutory | ||||||
14 | debt limitation. | ||||||
15 | (p-45) Notwithstanding the provisions of subsection (a) of | ||||||
16 | this Section or of any other law, bonds issued pursuant to | ||||||
17 | Section 19-3.5 of this Code shall not be considered | ||||||
18 | indebtedness for purposes of any statutory limitation if the | ||||||
19 | bonds are issued in an amount or amounts, including existing | ||||||
20 | indebtedness of the school district, not in excess of 18.5% of | ||||||
21 | the value of the taxable property in the district to be | ||||||
22 | ascertained by the last assessment for State and county taxes. | ||||||
23 | (p-50) Notwithstanding the provisions of subsection (a) of
| ||||||
24 | this Section or of any other law, bonds issued pursuant to
| ||||||
25 | Section 19-3.10 of this Code shall not be considered
| ||||||
26 | indebtedness for purposes of any statutory limitation if the
|
| |||||||
| |||||||
1 | bonds are issued in an amount or amounts, including existing
| ||||||
2 | indebtedness of the school district, not in excess of 43% of
| ||||||
3 | the value of the taxable property in the district to be
| ||||||
4 | ascertained by the last assessment for State and county taxes. | ||||||
5 | (p-55) (p-45) In addition to all other authority to issue | ||||||
6 | bonds, Belle Valley School District 119 may issue bonds with an | ||||||
7 | aggregate principal amount not to exceed $47,500,000, but only | ||||||
8 | if all of the following conditions are met: | ||||||
9 | (1) The voters of the district approve a proposition | ||||||
10 | for the bond issuance at an election held on or after April | ||||||
11 | 7, 2009. | ||||||
12 | (2) Prior to the issuance of the bonds, the school | ||||||
13 | board determines, by resolution, that (i) the building and | ||||||
14 | equipping of a new school building is required as a result | ||||||
15 | of mine subsidence in an existing school building and | ||||||
16 | because of the age and condition of another existing school | ||||||
17 | building and (ii) the issuance of bonds is authorized by | ||||||
18 | statute that exempts the debt incurred on the bonds from | ||||||
19 | the district's statutory debt limitation. | ||||||
20 | (3) The bonds are issued, in one or more bond | ||||||
21 | issuances, on or before March 31, 2014, but the aggregate | ||||||
22 | principal amount issued in all such bond issuances combined | ||||||
23 | must not exceed $47,500,000. | ||||||
24 | (4) The bonds are issued in accordance with this | ||||||
25 | Article. | ||||||
26 | (5) The proceeds of the bonds are used to accomplish |
| |||||||
| |||||||
1 | only those projects approved by the voters at an election | ||||||
2 | held on or after April 7, 2009. | ||||||
3 | The debt incurred on any bonds issued under this subsection | ||||||
4 | (p-55) (p-45) shall not be considered indebtedness for purposes | ||||||
5 | of any statutory debt limitation. Bonds issued under this | ||||||
6 | subsection (p-55) (p-45) must mature within not to exceed 30 | ||||||
7 | years from their date, notwithstanding any other law to the | ||||||
8 | contrary. | ||||||
9 | (q) A school district must notify the State Board of | ||||||
10 | Education prior to issuing any form of long-term or short-term | ||||||
11 | debt that will result in outstanding debt that exceeds 75% of | ||||||
12 | the debt limit specified in this Section or any other provision | ||||||
13 | of law.
| ||||||
14 | (Source: P.A. 95-331, eff. 8-21-07; 95-594, eff. 9-10-07; | ||||||
15 | 95-792, eff. 1-1-09; 96-63, eff. 7-23-09; 96-273, eff. 8-11-09; | ||||||
16 | 96-517, eff. 8-14-09; revised 9-15-09.) | ||||||
17 | (105 ILCS 5/19-3) (from Ch. 122, par. 19-3) | ||||||
18 | Sec. 19-3. Boards of education. Any school district | ||||||
19 | governed by a board of
education and having a population of not | ||||||
20 | more than 500,000 inhabitants, and
not governed by a special | ||||||
21 | Act may borrow money for the purpose of building,
equipping, | ||||||
22 | altering or repairing school buildings or purchasing or | ||||||
23 | improving
school sites, or acquiring and equipping | ||||||
24 | playgrounds, recreation grounds,
athletic fields, and other | ||||||
25 | buildings or land used or useful for school purposes
or for the |
| |||||||
| |||||||
1 | purpose of purchasing a site, with or without a building or
| ||||||
2 | buildings thereon, or for the building of a house or houses on | ||||||
3 | such site,
or for the building of a house or houses on the | ||||||
4 | school site of the school
district, for residential purposes of | ||||||
5 | the superintendent, principal, or
teachers of the school | ||||||
6 | district, and issue its negotiable coupon bonds therefor
signed | ||||||
7 | by the president and secretary of the board, in denominations | ||||||
8 | of not
less than $100 nor more than $5,000, payable at such | ||||||
9 | place and at such time or
times, not exceeding 20 years, with | ||||||
10 | the exception of Lockport High School not exceeding 25 years, | ||||||
11 | from date of issuance, as the board of education
may prescribe, | ||||||
12 | and bearing interest at a rate not to exceed the maximum rate
| ||||||
13 | authorized by the Bond Authorization Act, as amended at the | ||||||
14 | time of the making
of the contract, payable annually, | ||||||
15 | semiannually or quarterly, but no such bonds
shall be issued | ||||||
16 | unless the proposition to issue them is submitted to the voters
| ||||||
17 | of the district at a referendum held at a regularly scheduled | ||||||
18 | election after
the board has certified the proposition to the | ||||||
19 | proper election authorities in
accordance with the general | ||||||
20 | election law, a majority of all the votes cast on
the | ||||||
21 | proposition is in favor of the proposition, and notice of such | ||||||
22 | bond
referendum has been
given either (i) in accordance with | ||||||
23 | the second paragraph of Section 12-1 of the
Election Code | ||||||
24 | irrespective of whether such notice included any reference to | ||||||
25 | the
public question as it appeared on the ballot, or (ii) for | ||||||
26 | an election held on
or after November 1, 1998, in accordance |
| |||||||
| |||||||
1 | with Section 12-5 of the Election
Code, or (iii) by publication | ||||||
2 | of a true and legible copy of the specimen ballot
label | ||||||
3 | containing the proposition in the form in which it appeared or | ||||||
4 | will
appear on the official ballot label on the day of the | ||||||
5 | election at least 5 days
before the day of the election in at | ||||||
6 | least one newspaper published in and
having a general | ||||||
7 | circulation in the district,
irrespective of any other | ||||||
8 | requirements of Article 12 or Section 24A-18 of
the Election | ||||||
9 | Code, nor shall any residential site be acquired unless such
| ||||||
10 | proposition to acquire a site is submitted to the voters of the | ||||||
11 | district at a
referendum held at a regularly scheduled election | ||||||
12 | after the board has certified
the proposition to the proper | ||||||
13 | election authorities in accordance with the
general election | ||||||
14 | law and a majority of all the votes cast on the proposition is
| ||||||
15 | in favor of the proposition. Nothing in this Act or in any | ||||||
16 | other law shall be
construed to require the notice of the bond | ||||||
17 | referendum to be published over the
name or title of the | ||||||
18 | election authority or the listing of maturity dates of
any | ||||||
19 | bonds either in the notice of bond election or ballot used in | ||||||
20 | the bond
election.
The provisions of this Section concerning | ||||||
21 | notice of the bond referendum
apply only to (i) consolidated | ||||||
22 | primary elections held prior to January 1,
2002 and the | ||||||
23 | consolidated election held on April 17, 2007 at which not less | ||||||
24 | than 60%
of the voters voting on the bond proposition voted in | ||||||
25 | favor of the bond
proposition, and (ii) other elections held | ||||||
26 | before July 1, 1999; otherwise, notices required
in connection |
| |||||||
| |||||||
1 | with the submission of public questions shall be as set forth | ||||||
2 | in
Section 12-5 of the Election Code.
Such proposition may be | ||||||
3 | initiated by resolution of the school board. | ||||||
4 | Nothing in this Section or in any other law shall require | ||||||
5 | that either bonds issued by Cahokia Community Unit School | ||||||
6 | District 187 or the project financed by these bonds be approved | ||||||
7 | by referendum if the bonds are issued (i) for a purpose set | ||||||
8 | forth in this Section, (ii) in an amount not to exceed the | ||||||
9 | aggregate principal amount of $50,000,000, and (iii) in one or | ||||||
10 | more series, prior to July 1, 2015. Any bonds issued in | ||||||
11 | accordance with this paragraph may be payable at such time or | ||||||
12 | times not exceeding 25 years from the date of issuance. | ||||||
13 | With respect to instruments for the payment of money issued | ||||||
14 | under this
Section either before, on, or after the effective | ||||||
15 | date of this amendatory
Act of 1989, it is and always has been | ||||||
16 | the intention of the General
Assembly (i) that the Omnibus Bond | ||||||
17 | Acts are and always have been
supplementary grants of power to | ||||||
18 | issue instruments in accordance with the
Omnibus Bond Acts, | ||||||
19 | regardless of any provision of this Act that may appear
to be | ||||||
20 | or to have been more restrictive than those Acts, (ii) that the
| ||||||
21 | provisions of this Section are not a limitation on the | ||||||
22 | supplementary
authority granted by the Omnibus Bond Acts, and | ||||||
23 | (iii) that instruments
issued under this Section within the | ||||||
24 | supplementary authority granted
by the Omnibus Bond Acts are | ||||||
25 | not invalid because of any provision of
this Act that may | ||||||
26 | appear to be or to have been more restrictive than
those Acts. |
| |||||||
| |||||||
1 | The proceeds of any bonds issued under authority of this | ||||||
2 | Section shall
be deposited and accounted for separately within | ||||||
3 | the Site and
Construction/Capital Improvements Fund. | ||||||
4 | (Source: P.A. 95-30, eff. 8-7-07; 96-787, eff. 8-28-09.) | ||||||
5 | Section 10. The School Construction Law is amended by | ||||||
6 | changing Section 5-25 as follows: | ||||||
7 | (105 ILCS 230/5-25) | ||||||
8 | Sec. 5-25. Eligibility and project standards. | ||||||
9 | (a) The State Board of Education shall establish | ||||||
10 | eligibility standards for
school construction project grants | ||||||
11 | and debt service grants. These standards
shall include minimum | ||||||
12 | enrollment requirements for eligibility for school
| ||||||
13 | construction project grants of 200 students for elementary | ||||||
14 | districts, 200
students for high school districts, and 400 | ||||||
15 | students for unit districts. The
State Board of Education shall | ||||||
16 | approve a district's eligibility for a school
construction | ||||||
17 | project grant or a debt service grant pursuant to the | ||||||
18 | established
standards. | ||||||
19 | For purposes only of determining a Type 40 area vocational | ||||||
20 | center's eligibility for an entity included in a school | ||||||
21 | construction project grant or a school maintenance project | ||||||
22 | grant, an area vocational center shall be deemed eligible if | ||||||
23 | one or more of its member school districts satisfy the grant | ||||||
24 | index criteria set forth in this Law. A Type 40 area vocational |
| |||||||
| |||||||
1 | center that makes application for school construction funds | ||||||
2 | after August 25, 2009 ( the effective date of Public Act | ||||||
3 | 96-731) this amendatory Act of the 96th General Assembly shall | ||||||
4 | be placed on the respective application cycle list. Type 40 | ||||||
5 | area vocational centers must be placed last on the priority | ||||||
6 | listing of eligible entities for the applicable fiscal year.
| ||||||
7 | (b) The Capital Development Board shall establish
project | ||||||
8 | standards for all school construction project grants provided | ||||||
9 | pursuant
to this Article. These standards shall include space | ||||||
10 | and capacity standards as
well as the determination of | ||||||
11 | recognized project costs that shall be eligible
for State | ||||||
12 | financial assistance and enrichment costs that shall not be | ||||||
13 | eligible
for State financial assistance. | ||||||
14 | (c) The State Board of Education and the Capital | ||||||
15 | Development Board shall
not establish standards that | ||||||
16 | disapprove or otherwise establish limitations
that restrict | ||||||
17 | the eligibility of (i) a school district with a population | ||||||
18 | exceeding
500,000 for a school construction project grant based | ||||||
19 | on the fact that any or
all of the school construction project | ||||||
20 | grant will be used to pay debt service
or to make lease | ||||||
21 | payments, as authorized by subsection (b) of Section 5-35 of
| ||||||
22 | this Law, or (ii) a school district located in whole or in part | ||||||
23 | in a county that imposes a tax for school facility purposes | ||||||
24 | pursuant to Section 5-1006.7 of the Counties Code. | ||||||
25 | (d) The State Board of Education and the Capital | ||||||
26 | Development Board shall not establish standards that |
| |||||||
| |||||||
1 | disapprove or otherwise establish limitations that restrict | ||||||
2 | the eligibility of Cahokia Community Unit School District 187 | ||||||
3 | for a school construction project grant based on the fact that | ||||||
4 | the school construction project will be leased by the school | ||||||
5 | district. | ||||||
6 | (Source: P.A. 96-37, eff. 7-13-09; 96-731, eff. 8-25-09; | ||||||
7 | revised 9-15-09.)
| ||||||
8 | Section 99. Effective date. This Act takes effect upon | ||||||
9 | becoming law.".
|