Sen. James F. Clayborne, Jr.
Filed: 5/3/2010
|
|||||||
| |||||||
| |||||||
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 Section | ||||||
6 | 19-1 as follows: | ||||||
7 | (105 ILCS 5/19-1) | ||||||
8 | Sec. 19-1. Debt limitations of school districts. | ||||||
9 | (a) School districts shall not be subject to the provisions | ||||||
10 | limiting their
indebtedness prescribed in "An Act to limit the | ||||||
11 | indebtedness of counties having
a population of less than | ||||||
12 | 500,000 and townships, school districts and other
municipal | ||||||
13 | corporations having a population of less than 300,000", | ||||||
14 | approved
February 15, 1928, as amended. | ||||||
15 | No school districts maintaining grades K through 8 or 9 | ||||||
16 | through 12
shall become indebted in any manner or for any |
| |||||||
| |||||||
1 | purpose to an amount,
including existing indebtedness, in the | ||||||
2 | aggregate exceeding 6.9% on the
value of the taxable property | ||||||
3 | therein to be ascertained by the last assessment
for State and | ||||||
4 | county taxes or, until January 1, 1983, if greater, the sum | ||||||
5 | that
is produced by multiplying the school district's 1978 | ||||||
6 | equalized assessed
valuation by the debt limitation percentage | ||||||
7 | in effect on January 1, 1979,
previous to the incurring of such | ||||||
8 | indebtedness. | ||||||
9 | No school districts maintaining grades K through 12 shall | ||||||
10 | become
indebted in any manner or for any purpose to an amount, | ||||||
11 | including
existing indebtedness, in the aggregate exceeding | ||||||
12 | 13.8% on the value of
the taxable property therein to be | ||||||
13 | ascertained by the last assessment
for State and county taxes | ||||||
14 | or, until January 1, 1983, if greater, the sum that
is produced | ||||||
15 | by multiplying the school district's 1978 equalized assessed
| ||||||
16 | valuation by the debt limitation percentage in effect on | ||||||
17 | January 1, 1979,
previous to the incurring of such | ||||||
18 | indebtedness. | ||||||
19 | No partial elementary unit district, as defined in Article | ||||||
20 | 11E of this Code, shall become indebted in any manner or for | ||||||
21 | any purpose in an amount, including existing indebtedness, in | ||||||
22 | the aggregate exceeding 6.9% of the value of the taxable | ||||||
23 | property of the entire district, to be ascertained by the last | ||||||
24 | assessment for State and county taxes, plus an amount, | ||||||
25 | including existing indebtedness, in the aggregate exceeding | ||||||
26 | 6.9% of the value of the taxable property of that portion of |
| |||||||
| |||||||
1 | the district included in the elementary and high school | ||||||
2 | classification, to be ascertained by the last assessment for | ||||||
3 | State and county taxes. Moreover, no partial elementary unit | ||||||
4 | district, as defined in Article 11E of this Code, shall become | ||||||
5 | indebted on account of bonds issued by the district for high | ||||||
6 | school purposes in the aggregate exceeding 6.9% of the value of | ||||||
7 | the taxable property of the entire district, to be ascertained | ||||||
8 | by the last assessment for State and county taxes, nor shall | ||||||
9 | the district become indebted on account of bonds issued by the | ||||||
10 | district for elementary purposes in the aggregate exceeding | ||||||
11 | 6.9% of the value of the taxable property for 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.
| ||||||
15 | Notwithstanding the provisions of any other law to the | ||||||
16 | contrary, in any
case in which the voters of a school district | ||||||
17 | have approved a proposition
for the issuance of bonds of such | ||||||
18 | school district at an election held prior
to January 1, 1979, | ||||||
19 | and all of the bonds approved at such election have
not been | ||||||
20 | issued, the debt limitation applicable to such school district
| ||||||
21 | during the calendar year 1979 shall be computed by multiplying | ||||||
22 | the value
of taxable property therein, including personal | ||||||
23 | property, as ascertained
by the last assessment for State and | ||||||
24 | county taxes, previous to the incurring
of such indebtedness, | ||||||
25 | by the percentage limitation applicable to such school
district | ||||||
26 | under the provisions of this subsection (a). |
| |||||||
| |||||||
1 | (b) Notwithstanding the debt limitation prescribed in | ||||||
2 | subsection (a)
of this Section, additional indebtedness may be | ||||||
3 | incurred in an amount
not to exceed the estimated cost of | ||||||
4 | acquiring or improving school sites
or constructing and | ||||||
5 | equipping additional building facilities under the
following | ||||||
6 | conditions: | ||||||
7 | (1) Whenever the enrollment of students for the next | ||||||
8 | school year is
estimated by the board of education to | ||||||
9 | increase over the actual present
enrollment by not less | ||||||
10 | than 35% or by not less than 200 students or the
actual | ||||||
11 | present enrollment of students has increased over the | ||||||
12 | previous
school year by not less than 35% or by not less | ||||||
13 | than 200 students and
the board of education determines | ||||||
14 | that additional school sites or
building facilities are | ||||||
15 | required as a result of such increase in
enrollment; and | ||||||
16 | (2) When the Regional Superintendent of Schools having | ||||||
17 | jurisdiction
over the school district and the State | ||||||
18 | Superintendent of Education
concur in such enrollment | ||||||
19 | projection or increase and approve the need
for such | ||||||
20 | additional school sites or building facilities and the
| ||||||
21 | estimated cost thereof; and | ||||||
22 | (3) When the voters in the school district approve a | ||||||
23 | proposition for
the issuance of bonds for the purpose of | ||||||
24 | acquiring or improving such
needed school sites or | ||||||
25 | constructing and equipping such needed additional
building | ||||||
26 | facilities at an election called and held for that purpose.
|
| |||||||
| |||||||
1 | Notice of such an election shall state that the amount of | ||||||
2 | indebtedness
proposed to be incurred would exceed the debt | ||||||
3 | limitation otherwise
applicable to the school district. | ||||||
4 | The ballot for such proposition
shall state what percentage | ||||||
5 | of the equalized assessed valuation will be
outstanding in | ||||||
6 | bonds if the proposed issuance of bonds is approved by
the | ||||||
7 | voters; or | ||||||
8 | (4) Notwithstanding the provisions of paragraphs (1) | ||||||
9 | through (3) of
this subsection (b), if the school board | ||||||
10 | determines that additional
facilities are needed to | ||||||
11 | provide a quality educational program and not
less than 2/3 | ||||||
12 | of those voting in an election called by the school board
| ||||||
13 | on the question approve the issuance of bonds for the | ||||||
14 | construction of
such facilities, the school district may | ||||||
15 | issue bonds for this
purpose; or | ||||||
16 | (5) Notwithstanding the provisions of paragraphs (1) | ||||||
17 | through (3) of this
subsection (b), if (i) the school | ||||||
18 | district has previously availed itself of the
provisions of | ||||||
19 | paragraph (4) of this subsection (b) to enable it to issue | ||||||
20 | bonds,
(ii) the voters of the school district have not | ||||||
21 | defeated a proposition for the
issuance of bonds since the | ||||||
22 | referendum described in paragraph (4) of this
subsection | ||||||
23 | (b) was held, (iii) the school board determines that | ||||||
24 | additional
facilities are needed to provide a quality | ||||||
25 | educational program, and (iv) a
majority of those voting in | ||||||
26 | an election called by the school board on the
question |
| |||||||
| |||||||
1 | approve the issuance of bonds for the construction of such | ||||||
2 | facilities,
the school district may issue bonds for this | ||||||
3 | purpose. | ||||||
4 | In no event shall the indebtedness incurred pursuant to | ||||||
5 | this
subsection (b) and the existing indebtedness of the school | ||||||
6 | district
exceed 15% of the value of the taxable property | ||||||
7 | therein to be
ascertained by the last assessment for State and | ||||||
8 | county taxes, previous
to the incurring of such indebtedness | ||||||
9 | or, until January 1, 1983, if greater,
the sum that is produced | ||||||
10 | by multiplying the school district's 1978 equalized
assessed | ||||||
11 | valuation by the debt limitation percentage in effect on | ||||||
12 | January 1,
1979. | ||||||
13 | The indebtedness provided for by this subsection (b) shall | ||||||
14 | be in
addition to and in excess of any other debt limitation. | ||||||
15 | (c) Notwithstanding the debt limitation prescribed in | ||||||
16 | subsection (a)
of this Section, in any case in which a public | ||||||
17 | question for the issuance
of bonds of a proposed school | ||||||
18 | district maintaining grades kindergarten
through 12 received | ||||||
19 | at least 60% of the valid ballots cast on the question at
an | ||||||
20 | election held on or prior to November 8, 1994, and in which the | ||||||
21 | bonds
approved at such election have not been issued, the | ||||||
22 | school district pursuant to
the requirements of Section 11A-10 | ||||||
23 | (now repealed) may issue the total amount of bonds approved
at | ||||||
24 | such election for the purpose stated in the question. | ||||||
25 | (d) Notwithstanding the debt limitation prescribed in | ||||||
26 | subsection (a)
of this Section, a school district that meets |
| |||||||
| |||||||
1 | all the criteria set forth in
paragraphs (1) and (2) of this | ||||||
2 | subsection (d) may incur an additional
indebtedness in an | ||||||
3 | amount not to exceed $4,500,000, even though the amount of
the | ||||||
4 | additional indebtedness authorized by this subsection (d), | ||||||
5 | when incurred
and added to the aggregate amount of indebtedness | ||||||
6 | of the district existing
immediately prior to the district | ||||||
7 | incurring the additional indebtedness
authorized by this | ||||||
8 | subsection (d), causes the aggregate indebtedness of the
| ||||||
9 | district to exceed the debt limitation otherwise applicable to | ||||||
10 | that district
under subsection (a): | ||||||
11 | (1) The additional indebtedness authorized by this | ||||||
12 | subsection (d) is
incurred by the school district through | ||||||
13 | the issuance of bonds under and in
accordance with Section | ||||||
14 | 17-2.11a for the purpose of replacing a school
building | ||||||
15 | which, because of mine subsidence damage, has been closed | ||||||
16 | as provided
in paragraph (2) of this subsection (d) or | ||||||
17 | through the issuance of bonds under
and in accordance with | ||||||
18 | Section 19-3 for the purpose of increasing the size of,
or | ||||||
19 | providing for additional functions in, such replacement | ||||||
20 | school buildings, or
both such purposes. | ||||||
21 | (2) The bonds issued by the school district as provided | ||||||
22 | in paragraph (1)
above are issued for the purposes of | ||||||
23 | construction by the school district of
a new school | ||||||
24 | building pursuant to Section 17-2.11, to replace an | ||||||
25 | existing
school building that, because of mine subsidence | ||||||
26 | damage, is closed as of the
end of the 1992-93 school year |
| |||||||
| |||||||
1 | pursuant to action of the regional
superintendent of | ||||||
2 | schools of the educational service region in which the
| ||||||
3 | district is located under Section 3-14.22 or are issued for | ||||||
4 | the purpose of
increasing the size of, or providing for | ||||||
5 | additional functions in, the new
school building being | ||||||
6 | constructed to replace a school building closed as the
| ||||||
7 | result of mine subsidence damage, or both such purposes. | ||||||
8 | (e) (Blank). | ||||||
9 | (f) Notwithstanding the provisions of subsection (a) of | ||||||
10 | this Section or of
any other law, bonds in not to exceed the | ||||||
11 | aggregate amount of $5,500,000 and
issued by a school district | ||||||
12 | meeting the following criteria shall not be
considered | ||||||
13 | indebtedness for purposes of any statutory limitation and may | ||||||
14 | be
issued in an amount or amounts, including existing | ||||||
15 | indebtedness, in excess of
any heretofore or hereafter imposed | ||||||
16 | statutory limitation as to indebtedness: | ||||||
17 | (1) At the time of the sale of such bonds, the board of | ||||||
18 | education of the
district shall have determined by | ||||||
19 | resolution that the enrollment of students in
the district | ||||||
20 | is projected to increase by not less than 7% during each of | ||||||
21 | the
next succeeding 2 school years. | ||||||
22 | (2) The board of education shall also determine by | ||||||
23 | resolution that the
improvements to be financed with the | ||||||
24 | proceeds of the bonds are needed because
of the projected | ||||||
25 | enrollment increases. | ||||||
26 | (3) The board of education shall also determine by |
| |||||||
| |||||||
1 | resolution that the
projected increases in enrollment are | ||||||
2 | the result of improvements made or
expected to be made to | ||||||
3 | passenger rail facilities located in the school
district. | ||||||
4 | Notwithstanding the provisions of subsection (a) of this | ||||||
5 | Section or of any other law, a school district that has availed | ||||||
6 | itself of the provisions of this subsection (f) prior to July | ||||||
7 | 22, 2004 (the effective date of Public Act 93-799) may also | ||||||
8 | issue bonds approved by referendum up to an amount, including | ||||||
9 | existing indebtedness, not exceeding 25% of the equalized | ||||||
10 | assessed value of the taxable property in the district if all | ||||||
11 | of the conditions set forth in items (1), (2), and (3) of this | ||||||
12 | subsection (f) are met.
| ||||||
13 | (g) Notwithstanding the provisions of subsection (a) of | ||||||
14 | this Section or any
other law, bonds in not to exceed an | ||||||
15 | aggregate amount of 25% of the equalized
assessed value of the | ||||||
16 | taxable property of a school district and issued by a
school | ||||||
17 | district meeting the criteria in paragraphs (i) through (iv) of | ||||||
18 | this
subsection shall not be considered indebtedness for | ||||||
19 | purposes of any statutory
limitation and may be issued pursuant | ||||||
20 | to resolution of the school board in an
amount or amounts, | ||||||
21 | including existing indebtedness, in
excess of any statutory | ||||||
22 | limitation of indebtedness heretofore or hereafter
imposed: | ||||||
23 | (i) The bonds are issued for the purpose of | ||||||
24 | constructing a new high school
building to replace two | ||||||
25 | adjacent existing buildings which together house a
single | ||||||
26 | high school, each of which is more than 65 years old, and |
| |||||||
| |||||||
1 | which together
are located on more than 10 acres and less | ||||||
2 | than 11 acres of property. | ||||||
3 | (ii) At the time the resolution authorizing the | ||||||
4 | issuance of the bonds is
adopted, the cost of constructing | ||||||
5 | a new school building to replace the existing
school | ||||||
6 | building is less than 60% of the cost of repairing the | ||||||
7 | existing school
building. | ||||||
8 | (iii) The sale of the bonds occurs before July 1, 1997. | ||||||
9 | (iv) The school district issuing the bonds is a unit | ||||||
10 | school district
located in a county of less than 70,000 and | ||||||
11 | more than 50,000 inhabitants,
which has an average daily | ||||||
12 | attendance of less than 1,500 and an equalized
assessed | ||||||
13 | valuation of less than $29,000,000. | ||||||
14 | (h) Notwithstanding any other provisions of this Section or | ||||||
15 | the
provisions of any other law, until January 1, 1998, a | ||||||
16 | community unit school
district maintaining grades K through 12 | ||||||
17 | may issue bonds up to an amount,
including existing | ||||||
18 | indebtedness, not exceeding 27.6% of the equalized assessed
| ||||||
19 | value of the taxable property in the district, if all of the | ||||||
20 | following
conditions are met: | ||||||
21 | (i) The school district has an equalized assessed | ||||||
22 | valuation for calendar
year 1995 of less than $24,000,000; | ||||||
23 | (ii) The bonds are issued for the capital improvement, | ||||||
24 | renovation,
rehabilitation, or replacement of existing | ||||||
25 | school buildings of the district,
all of which buildings | ||||||
26 | were originally constructed not less than 40 years ago; |
| |||||||
| |||||||
1 | (iii) The voters of the district approve a proposition | ||||||
2 | for the issuance of
the bonds at a referendum held after | ||||||
3 | March 19, 1996; and | ||||||
4 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
5 | through 19-7 of this
Code. | ||||||
6 | (i) Notwithstanding any other provisions of this Section or | ||||||
7 | the provisions
of any other law, until January 1, 1998, a | ||||||
8 | community unit school district
maintaining grades K through 12 | ||||||
9 | may issue bonds up to an amount, including
existing | ||||||
10 | indebtedness, not exceeding 27% of the equalized assessed value | ||||||
11 | of the
taxable property in the district, if all of the | ||||||
12 | following conditions are met: | ||||||
13 | (i) The school district has an equalized assessed | ||||||
14 | valuation for calendar
year 1995 of less than $44,600,000; | ||||||
15 | (ii) The bonds are issued for the capital improvement, | ||||||
16 | renovation,
rehabilitation, or replacement
of existing | ||||||
17 | school buildings of the district, all of which
existing | ||||||
18 | buildings were originally constructed not less than 80 | ||||||
19 | years ago; | ||||||
20 | (iii) The voters of the district approve a proposition | ||||||
21 | for the issuance of
the bonds at a referendum held after | ||||||
22 | December 31, 1996; and | ||||||
23 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
24 | through 19-7 of this
Code. | ||||||
25 | (j) Notwithstanding any other provisions of this Section or | ||||||
26 | the
provisions of any other law, until January 1, 1999, 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% of the equalized assessed
value | ||||||
4 | of the taxable property in the district if all of the following
| ||||||
5 | conditions are met: | ||||||
6 | (i) The school district has an equalized assessed | ||||||
7 | valuation for calendar
year 1995 of less than $140,000,000 | ||||||
8 | and a best 3 months
average daily
attendance for the | ||||||
9 | 1995-96 school year of at least 2,800; | ||||||
10 | (ii) The bonds are issued to purchase a site and build | ||||||
11 | and equip a new
high school, and the school district's | ||||||
12 | existing high school was originally
constructed not less | ||||||
13 | than 35
years prior to the sale of the bonds; | ||||||
14 | (iii) At the time of the sale of the bonds, the board | ||||||
15 | of education
determines
by resolution that a new high | ||||||
16 | school is needed because of projected enrollment
| ||||||
17 | increases; | ||||||
18 | (iv) At least 60% of those voting in an election held
| ||||||
19 | after December 31, 1996 approve a proposition
for the | ||||||
20 | issuance of
the bonds; and | ||||||
21 | (v) The bonds are issued pursuant to Sections 19-2 | ||||||
22 | through
19-7 of this Code. | ||||||
23 | (k) Notwithstanding the debt limitation prescribed in | ||||||
24 | subsection (a) of
this Section, a school district that meets | ||||||
25 | all the criteria set forth in
paragraphs (1) through (4) of | ||||||
26 | this subsection (k) may issue bonds to incur an
additional |
| |||||||
| |||||||
1 | indebtedness in an amount not to exceed $4,000,000 even though | ||||||
2 | the
amount of the additional indebtedness authorized by this | ||||||
3 | subsection (k), when
incurred and added to the aggregate amount | ||||||
4 | of indebtedness of the school
district existing immediately | ||||||
5 | prior to the school district incurring such
additional | ||||||
6 | indebtedness, causes the aggregate indebtedness of the school
| ||||||
7 | district to exceed or increases the amount by which the | ||||||
8 | aggregate indebtedness
of the district already exceeds the debt | ||||||
9 | limitation otherwise applicable to
that school district under | ||||||
10 | subsection (a): | ||||||
11 | (1) the school district is located in 2 counties, and a | ||||||
12 | referendum to
authorize the additional indebtedness was | ||||||
13 | approved by a majority of the voters
of the school district | ||||||
14 | voting on the proposition to authorize that
indebtedness; | ||||||
15 | (2) the additional indebtedness is for the purpose of | ||||||
16 | financing a
multi-purpose room addition to the existing | ||||||
17 | high school; | ||||||
18 | (3) the additional indebtedness, together with the | ||||||
19 | existing indebtedness
of the school district, shall not | ||||||
20 | exceed 17.4% of the value of the taxable
property in the | ||||||
21 | school district, to be ascertained by the last assessment | ||||||
22 | for
State and county taxes; and | ||||||
23 | (4) the bonds evidencing the additional indebtedness | ||||||
24 | are issued, if at
all, within 120 days of the effective | ||||||
25 | date of this amendatory Act of 1998. | ||||||
26 | (l) Notwithstanding any other provisions of this Section or |
| |||||||
| |||||||
1 | the
provisions of any other law, until January 1, 2000, a | ||||||
2 | school district
maintaining grades kindergarten through 8 may | ||||||
3 | issue bonds up to an amount,
including existing indebtedness, | ||||||
4 | not exceeding 15% of the equalized assessed
value of the | ||||||
5 | taxable property in the district if all of the following
| ||||||
6 | conditions are met: | ||||||
7 | (i) the district has an equalized assessed valuation | ||||||
8 | for calendar year
1996 of less than $10,000,000; | ||||||
9 | (ii) the bonds are issued for capital improvement, | ||||||
10 | renovation,
rehabilitation, or replacement of one or more | ||||||
11 | school buildings of the district,
which buildings were | ||||||
12 | originally constructed not less than 70 years ago; | ||||||
13 | (iii) the voters of the district approve a proposition | ||||||
14 | for the issuance of
the bonds at a referendum held on or | ||||||
15 | after March 17, 1998; and | ||||||
16 | (iv) the bonds are issued pursuant to Sections 19-2 | ||||||
17 | through 19-7 of this
Code. | ||||||
18 | (m) Notwithstanding any other provisions of this Section or | ||||||
19 | the provisions
of
any other law, until January 1, 1999, an | ||||||
20 | elementary school district maintaining
grades K through 8 may | ||||||
21 | issue bonds up to an amount, excluding existing
indebtedness, | ||||||
22 | not exceeding 18% of the equalized assessed value of the | ||||||
23 | taxable
property in the district, if all of the following | ||||||
24 | conditions are met: | ||||||
25 | (i) The school district has an equalized assessed | ||||||
26 | valuation for calendar
year 1995 or less than $7,700,000; |
| |||||||
| |||||||
1 | (ii) The school district operates 2 elementary | ||||||
2 | attendance centers that
until
1976 were operated as the | ||||||
3 | attendance centers of 2 separate and distinct school
| ||||||
4 | districts; | ||||||
5 | (iii) The bonds are issued for the construction of a | ||||||
6 | new elementary school
building to replace an existing | ||||||
7 | multi-level elementary school building of the
school | ||||||
8 | district that is not handicapped accessible at all levels | ||||||
9 | and parts of
which were constructed more than 75 years ago; | ||||||
10 | (iv) The voters of the school district approve a | ||||||
11 | proposition for the
issuance of the bonds at a referendum | ||||||
12 | held after July 1, 1998; and | ||||||
13 | (v) The bonds are issued pursuant to Sections 19-2 | ||||||
14 | through 19-7 of this
Code. | ||||||
15 | (n) Notwithstanding the debt limitation prescribed in | ||||||
16 | subsection (a) of
this Section or any other provisions of this | ||||||
17 | Section or of any other law, a
school district that meets all | ||||||
18 | of the criteria set forth in paragraphs (i)
through (vi) of | ||||||
19 | this subsection (n) may incur additional indebtedness by the
| ||||||
20 | issuance of bonds in an amount not exceeding the amount | ||||||
21 | certified by the
Capital Development Board to the school | ||||||
22 | district as provided in paragraph (iii)
of
this subsection (n), | ||||||
23 | even though the amount of the additional indebtedness so
| ||||||
24 | authorized, when incurred and added to the aggregate amount of | ||||||
25 | indebtedness of
the district existing immediately prior to the | ||||||
26 | district incurring the
additional indebtedness authorized by |
| |||||||
| |||||||
1 | this subsection (n), causes the aggregate
indebtedness of the | ||||||
2 | district to exceed the debt limitation otherwise applicable
by | ||||||
3 | law to that district: | ||||||
4 | (i) The school district applies to the State Board of | ||||||
5 | Education for a
school construction project grant and | ||||||
6 | submits a district facilities plan in
support
of its | ||||||
7 | application pursuant to Section 5-20 of
the School | ||||||
8 | Construction Law. | ||||||
9 | (ii) The school district's application and facilities | ||||||
10 | plan are approved
by,
and the district receives a grant | ||||||
11 | entitlement for a school construction project
issued by, | ||||||
12 | the State Board of Education under the School Construction | ||||||
13 | Law. | ||||||
14 | (iii) The school district has exhausted its bonding | ||||||
15 | capacity or the unused
bonding capacity of the district is | ||||||
16 | less than the amount certified by the
Capital Development | ||||||
17 | Board to the district under Section 5-15 of the School
| ||||||
18 | Construction Law as the dollar amount of the school | ||||||
19 | construction project's cost
that the district will be | ||||||
20 | required to finance with non-grant funds in order to
| ||||||
21 | receive a school construction project grant under the | ||||||
22 | School Construction Law. | ||||||
23 | (iv) The bonds are issued for a "school construction | ||||||
24 | project", as that
term is defined in Section 5-5 of the | ||||||
25 | School Construction Law, in an amount
that does not exceed | ||||||
26 | the dollar amount certified, as provided in paragraph
(iii) |
| |||||||
| |||||||
1 | of this subsection (n), by the Capital Development Board
to | ||||||
2 | the school
district under Section 5-15 of the School | ||||||
3 | Construction Law. | ||||||
4 | (v) The voters of the district approve a proposition | ||||||
5 | for the issuance of
the bonds at a referendum held after | ||||||
6 | the criteria specified in paragraphs (i)
and (iii) of this | ||||||
7 | subsection (n) are met. | ||||||
8 | (vi) The bonds are issued pursuant to Sections 19-2 | ||||||
9 | through 19-7 of the
School Code. | ||||||
10 | (o) Notwithstanding any other provisions of this Section or | ||||||
11 | the
provisions of any other law, until November 1, 2007, 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 20% 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 2001 of at least $737,000,000 | ||||||
19 | and an enrollment
for the 2002-2003 school year of at least | ||||||
20 | 8,500; | ||||||
21 | (ii) the bonds are issued to purchase school sites, | ||||||
22 | build and
equip a new high school, build and equip a new | ||||||
23 | junior high school,
build and equip 5 new elementary | ||||||
24 | schools, and make technology
and other improvements and | ||||||
25 | additions to existing schools; | ||||||
26 | (iii) at the time of the sale of the bonds, the board |
| |||||||
| |||||||
1 | of
education determines by resolution that the sites and | ||||||
2 | new or
improved facilities are needed because of projected | ||||||
3 | enrollment
increases; | ||||||
4 | (iv) at least 57% of those voting in a general election | ||||||
5 | held
prior to January 1, 2003 approved a proposition for | ||||||
6 | the issuance of
the bonds; and | ||||||
7 | (v) the bonds are issued pursuant to Sections 19-2 | ||||||
8 | through
19-7 of this Code. | ||||||
9 | (p) Notwithstanding any other provisions of this Section or | ||||||
10 | the provisions of any other law, a community unit school | ||||||
11 | district maintaining grades K through 12 may issue bonds up to | ||||||
12 | an amount, including indebtedness, not exceeding 27% of the | ||||||
13 | equalized assessed value of the taxable property in the | ||||||
14 | district if all of the following conditions are met: | ||||||
15 | (i) The school district has an equalized assessed | ||||||
16 | valuation for calendar year 2001 of at least $295,741,187 | ||||||
17 | and a best 3 months' average daily attendance for the | ||||||
18 | 2002-2003 school year of at least 2,394. | ||||||
19 | (ii) The bonds are issued to build and equip 3 | ||||||
20 | elementary school buildings; build and equip one middle | ||||||
21 | school building; and alter, repair, improve, and equip all | ||||||
22 | existing school buildings in the district. | ||||||
23 | (iii) At the time of the sale of the bonds, the board | ||||||
24 | of education determines by resolution that the project is | ||||||
25 | needed because of expanding growth in the school district | ||||||
26 | and a projected enrollment increase. |
| |||||||
| |||||||
1 | (iv) The bonds are issued pursuant to Sections 19-2 | ||||||
2 | through 19-7 of this Code.
| ||||||
3 | (p-5) Notwithstanding any other provisions of this Section | ||||||
4 | or the provisions of any other law, bonds issued by a community | ||||||
5 | unit school district maintaining grades K through 12 shall not | ||||||
6 | be considered indebtedness for purposes of any statutory | ||||||
7 | limitation and may be issued in an amount or amounts, including | ||||||
8 | existing indebtedness, in excess of any heretofore or hereafter | ||||||
9 | imposed statutory limitation as to indebtedness, if all of the | ||||||
10 | following conditions are met: | ||||||
11 | (i) For each of the 4 most recent years, residential | ||||||
12 | property comprises more than 80% of the equalized assessed | ||||||
13 | valuation of the district. | ||||||
14 | (ii) At least 2 school buildings that were constructed | ||||||
15 | 40 or more years prior to the issuance of the bonds will be | ||||||
16 | demolished and will be replaced by new buildings or | ||||||
17 | additions to one or more existing buildings. | ||||||
18 | (iii) Voters of the district approve a proposition for | ||||||
19 | the issuance of the bonds at a regularly scheduled | ||||||
20 | election. | ||||||
21 | (iv) At the time of the sale of the bonds, the school | ||||||
22 | board determines by resolution that the new buildings or | ||||||
23 | building additions are needed because of an increase in | ||||||
24 | enrollment projected by the school board. | ||||||
25 | (v) The principal amount of the bonds, including | ||||||
26 | existing indebtedness, does not exceed 25% of the equalized |
| |||||||
| |||||||
1 | assessed value of the taxable property in the district. | ||||||
2 | (vi) The bonds are issued prior to January 1, 2007, | ||||||
3 | pursuant to Sections 19-2 through 19-7 of this Code.
| ||||||
4 | (p-10) Notwithstanding any other provisions of this | ||||||
5 | Section or the provisions of any other law, bonds issued by a | ||||||
6 | community consolidated school district maintaining grades K | ||||||
7 | through 8 shall not be considered indebtedness for purposes of | ||||||
8 | any statutory limitation and may be issued in an amount or | ||||||
9 | amounts, including existing indebtedness, in excess of any | ||||||
10 | heretofore or hereafter imposed statutory limitation as to | ||||||
11 | indebtedness, if all of the following conditions are met: | ||||||
12 | (i) For each of the 4 most recent years, residential | ||||||
13 | and farm property comprises more than 80% of the equalized | ||||||
14 | assessed valuation of the district. | ||||||
15 | (ii) The bond proceeds are to be used to acquire and | ||||||
16 | improve school sites and build and equip a school building. | ||||||
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 school sites and | ||||||
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 20% of the equalized | ||||||
26 | assessed value of the taxable property in the district. |
| |||||||
| |||||||
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-15) In addition to all other authority to issue bonds, | ||||||
4 | the Oswego Community Unit School District Number 308 may issue | ||||||
5 | bonds with an aggregate principal amount not to exceed | ||||||
6 | $450,000,000, but only if all of the following conditions are | ||||||
7 | met: | ||||||
8 | (i) The voters of the district have approved a | ||||||
9 | proposition for the bond issue at the general election held | ||||||
10 | on November 7, 2006. | ||||||
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 the new high school building, new junior high | ||||||
14 | school buildings, new elementary school buildings, early | ||||||
15 | childhood building, maintenance building, transportation | ||||||
16 | facility, and additions to existing school buildings, the | ||||||
17 | altering, repairing, equipping, and provision of | ||||||
18 | technology improvements to existing school buildings, and | ||||||
19 | the acquisition and improvement of school sites, as the | ||||||
20 | case may be, are required as a result of a projected | ||||||
21 | increase in the enrollment of students in the district; and | ||||||
22 | (B) the sale of bonds for these purposes is authorized by | ||||||
23 | legislation that exempts the debt incurred on the bonds | ||||||
24 | from the district's statutory debt limitation.
| ||||||
25 | (iii) The bonds are issued, in one or more bond issues, | ||||||
26 | on or before November 7, 2011, but the aggregate principal |
| |||||||
| |||||||
1 | amount issued in all such bond issues combined must not | ||||||
2 | exceed $450,000,000.
| ||||||
3 | (iv) The bonds are issued in accordance with this | ||||||
4 | Article 19. | ||||||
5 | (v) The proceeds of the bonds are used only to | ||||||
6 | accomplish those projects approved by the voters at the | ||||||
7 | general election held on November 7, 2006. | ||||||
8 | The debt incurred on any bonds issued under this subsection | ||||||
9 | (p-15) shall not be considered indebtedness for purposes of any | ||||||
10 | statutory debt limitation.
| ||||||
11 | (p-20) In addition to all other authority to issue bonds, | ||||||
12 | the Lincoln-Way Community High School District Number 210 may | ||||||
13 | issue bonds with an aggregate principal amount not to exceed | ||||||
14 | $225,000,000, but only if all of the following conditions are | ||||||
15 | met: | ||||||
16 | (i) The voters of the district have approved a | ||||||
17 | proposition for the bond issue at the general primary | ||||||
18 | election held on March 21, 2006. | ||||||
19 | (ii) At the time of the sale of the bonds, the school | ||||||
20 | board determines, by resolution, that: (A) the building and | ||||||
21 | equipping of the new high school buildings, the altering, | ||||||
22 | repairing, and equipping of existing school buildings, and | ||||||
23 | the improvement of school sites, as the case may be, are | ||||||
24 | required as a result of a projected increase in the | ||||||
25 | enrollment of students in the district; and (B) the sale of | ||||||
26 | bonds for these purposes is authorized by legislation that |
| |||||||
| |||||||
1 | exempts the debt incurred on the bonds from the district's | ||||||
2 | statutory debt limitation.
| ||||||
3 | (iii) The bonds are issued, in one or more bond issues, | ||||||
4 | on or before March 21, 2011, but the aggregate principal | ||||||
5 | amount issued in all such bond issues combined must not | ||||||
6 | exceed $225,000,000.
| ||||||
7 | (iv) The bonds are issued in accordance with this | ||||||
8 | Article 19. | ||||||
9 | (v) The proceeds of the bonds are used only to | ||||||
10 | accomplish those projects approved by the voters at the | ||||||
11 | primary election held on March 21, 2006. | ||||||
12 | The debt incurred on any bonds issued under this subsection | ||||||
13 | (p-20) shall not be considered indebtedness for purposes of any | ||||||
14 | statutory debt limitation.
| ||||||
15 | (p-25) In addition to all other authority to issue bonds, | ||||||
16 | Rochester Community Unit School District 3A may issue bonds | ||||||
17 | with an aggregate principal amount not to exceed $18,500,000, | ||||||
18 | but only if all of the following conditions are met: | ||||||
19 | (i) The voters of the district approve a proposition | ||||||
20 | for the bond issuance at the general primary election held | ||||||
21 | in 2008.
| ||||||
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 a new high school building; the addition of | ||||||
25 | classrooms and support facilities at the high school, | ||||||
26 | middle school, and elementary school; the altering, |
| |||||||
| |||||||
1 | repairing, and equipping of existing school buildings; and | ||||||
2 | the improvement of school sites, as the case may be, are | ||||||
3 | required as a result of a projected increase in the | ||||||
4 | enrollment of students in the district; and (B) the sale of | ||||||
5 | bonds for these purposes is authorized by a law that | ||||||
6 | exempts the debt incurred on the bonds from the district's | ||||||
7 | statutory debt limitation. | ||||||
8 | (iii) The bonds are issued, in one or more bond issues, | ||||||
9 | on or before December 31, 2012, but the aggregate principal | ||||||
10 | amount issued in all such bond issues combined must not | ||||||
11 | exceed $18,500,000. | ||||||
12 | (iv) The bonds are issued in accordance with this | ||||||
13 | Article 19. | ||||||
14 | (v) The proceeds of the bonds are used to accomplish | ||||||
15 | only those projects approved by the voters at the primary | ||||||
16 | election held in 2008.
| ||||||
17 | The debt incurred on any bonds issued under this subsection | ||||||
18 | (p-25) shall not be considered indebtedness for purposes of any | ||||||
19 | statutory debt limitation.
| ||||||
20 | (p-30) In addition to all other authority to issue bonds, | ||||||
21 | Prairie Grove Consolidated School District 46 may issue bonds | ||||||
22 | with an aggregate principal amount not to exceed $30,000,000, | ||||||
23 | but only if all of the following conditions are met:
| ||||||
24 | (i) The voters of the district approve a proposition | ||||||
25 | for the bond issuance at an election held in 2008.
| ||||||
26 | (ii) At the time of the sale of the bonds, the school |
| |||||||
| |||||||
1 | board determines, by resolution, that (A) the building and | ||||||
2 | equipping of a new school building and additions to | ||||||
3 | existing school buildings are required as a result of a | ||||||
4 | projected increase in the enrollment of students in the | ||||||
5 | district and (B) the altering, repairing, and equipping of | ||||||
6 | existing school buildings are required because of the age | ||||||
7 | of the existing school buildings.
| ||||||
8 | (iii) The bonds are issued, in one or more bond | ||||||
9 | issuances, on or before December 31, 2012; however, the | ||||||
10 | aggregate principal amount issued in all such bond | ||||||
11 | issuances combined must not exceed $30,000,000.
| ||||||
12 | (iv) The bonds are issued in accordance with this | ||||||
13 | Article.
| ||||||
14 | (v) The proceeds of the bonds are used to accomplish | ||||||
15 | only those projects approved by the voters at an election | ||||||
16 | held in 2008.
| ||||||
17 | The debt incurred on any bonds issued under this subsection | ||||||
18 | (p-30) shall not be considered indebtedness for purposes of any | ||||||
19 | statutory debt limitation.
| ||||||
20 | (p-35) In addition to all other authority to issue bonds, | ||||||
21 | Prairie Hill Community Consolidated School District 133 may | ||||||
22 | issue bonds with an aggregate principal amount not to exceed | ||||||
23 | $13,900,000, but only if all of the following conditions are | ||||||
24 | met:
| ||||||
25 | (i) The voters of the district approved a proposition | ||||||
26 | for the bond issuance at an election held on April 17, |
| |||||||
| |||||||
1 | 2007.
| ||||||
2 | (ii) At the time of the sale of the bonds, the school | ||||||
3 | board determines, by resolution, that (A) the improvement | ||||||
4 | of the site of and the building and equipping of a school | ||||||
5 | building are required as a result of a projected increase | ||||||
6 | in the enrollment of students in the district and (B) the | ||||||
7 | repairing and equipping of the Prairie Hill Elementary | ||||||
8 | School building is required because of the age of that | ||||||
9 | school building.
| ||||||
10 | (iii) The bonds are issued, in one or more bond | ||||||
11 | issuances, on or before December 31, 2011, but the | ||||||
12 | aggregate principal amount issued in all such bond | ||||||
13 | issuances combined must not exceed $13,900,000.
| ||||||
14 | (iv) The bonds are issued in accordance with this | ||||||
15 | Article.
| ||||||
16 | (v) The proceeds of the bonds are used to accomplish | ||||||
17 | only those projects approved by the voters at an election | ||||||
18 | held on April 17, 2007.
| ||||||
19 | The debt incurred on any bonds issued under this subsection | ||||||
20 | (p-35) shall not be considered indebtedness for purposes of any | ||||||
21 | statutory debt limitation.
| ||||||
22 | (p-40) In addition to all other authority to issue bonds, | ||||||
23 | Mascoutah Community Unit District 19 may issue bonds with an | ||||||
24 | aggregate principal amount not to exceed $55,000,000, but only | ||||||
25 | if all of the following conditions are met: | ||||||
26 | (1) The voters of the district approve a proposition |
| |||||||
| |||||||
1 | for the bond issuance at a regular election held on or | ||||||
2 | after November 4, 2008. | ||||||
3 | (2) At the time of the sale of the bonds, the school | ||||||
4 | board determines, by resolution, that (i) the building and | ||||||
5 | equipping of a new high school building is required as a | ||||||
6 | result of a projected increase in the enrollment of | ||||||
7 | students in the district and the age and condition of the | ||||||
8 | existing high school building, (ii) the existing high | ||||||
9 | school building will be demolished, and (iii) the sale of | ||||||
10 | bonds is authorized by statute that exempts the debt | ||||||
11 | incurred on the bonds from the district's statutory debt | ||||||
12 | limitation. | ||||||
13 | (3) The bonds are issued, in one or more bond | ||||||
14 | issuances, on or before December 31, 2011, but the | ||||||
15 | aggregate principal amount issued in all such bond | ||||||
16 | issuances combined must not exceed $55,000,000. | ||||||
17 | (4) The bonds are issued in accordance with this | ||||||
18 | Article. | ||||||
19 | (5) The proceeds of the bonds are used to accomplish | ||||||
20 | only those projects approved by the voters at a regular | ||||||
21 | election held on or after November 4, 2008. | ||||||
22 | The debt incurred on any bonds issued under this subsection | ||||||
23 | (p-40) shall not be considered indebtedness for purposes of any | ||||||
24 | statutory debt limitation. | ||||||
25 | (p-45) Notwithstanding the provisions of subsection (a) of | ||||||
26 | this Section or of any other law, bonds issued pursuant to |
| |||||||
| |||||||
1 | Section 19-3.5 of this Code shall not be considered | ||||||
2 | indebtedness for purposes of any statutory limitation if the | ||||||
3 | bonds are issued in an amount or amounts, including existing | ||||||
4 | indebtedness of the school district, not in excess of 18.5% of | ||||||
5 | the value of the taxable property in the district to be | ||||||
6 | ascertained by the last assessment for State and county taxes. | ||||||
7 | (p-50) Notwithstanding the provisions of subsection (a) of
| ||||||
8 | this Section or of any other law, bonds issued pursuant to
| ||||||
9 | Section 19-3.10 of this Code shall not be considered
| ||||||
10 | indebtedness for purposes of any statutory limitation if the
| ||||||
11 | bonds are issued in an amount or amounts, including existing
| ||||||
12 | indebtedness of the school district, not in excess of 43% of
| ||||||
13 | the value of the taxable property in the district to be
| ||||||
14 | ascertained by the last assessment for State and county taxes. | ||||||
15 | (p-55) (p-45) In addition to all other authority to issue | ||||||
16 | bonds, Belle Valley School District 119 may issue bonds with an | ||||||
17 | aggregate principal amount not to exceed $47,500,000, but only | ||||||
18 | if all of 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 April | ||||||
21 | 7, 2009. | ||||||
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 mine subsidence in an existing school building and | ||||||
26 | because of the age and condition of another existing school |
| |||||||
| |||||||
1 | building and (ii) the issuance of bonds is authorized by | ||||||
2 | statute that exempts the debt incurred on the bonds from | ||||||
3 | the district's statutory debt limitation. | ||||||
4 | (3) The bonds are issued, in one or more bond | ||||||
5 | issuances, on or before March 31, 2014, but the aggregate | ||||||
6 | principal amount issued in all such bond issuances combined | ||||||
7 | must not exceed $47,500,000. | ||||||
8 | (4) The bonds are issued in accordance with this | ||||||
9 | Article. | ||||||
10 | (5) The proceeds of the bonds are used to accomplish | ||||||
11 | only those projects approved by the voters at an election | ||||||
12 | held on or after April 7, 2009. | ||||||
13 | The debt incurred on any bonds issued under this subsection | ||||||
14 | (p-55) (p-45) shall not be considered indebtedness for purposes | ||||||
15 | of any statutory debt limitation. Bonds issued under this | ||||||
16 | subsection (p-55) (p-45) must mature within not to exceed 30 | ||||||
17 | years from their date, notwithstanding any other law to the | ||||||
18 | contrary. | ||||||
19 | (p-60) In addition to all other authority to issue bonds, | ||||||
20 | Cahokia Community Unit School District 187 may issue bonds with | ||||||
21 | an aggregate principal amount not to exceed $50,000,000, but | ||||||
22 | only if all the following conditions are met: | ||||||
23 | (1) The voters of the district approve a proposition | ||||||
24 | for the bond issuance at an election held on or after | ||||||
25 | November 2, 2010. | ||||||
26 | (2) Prior to the issuance of the bonds, the school |
| |||||||
| |||||||
1 | board determines, by resolution, that (i) the building and | ||||||
2 | equipping of a new school building is required as a result | ||||||
3 | of the age and condition of an existing school building and | ||||||
4 | (ii) the issuance of bonds is authorized by a statute that | ||||||
5 | exempts the debt incurred on the bonds from the district's | ||||||
6 | statutory debt limitation. | ||||||
7 | (3) The bonds are issued, in one or more issuances, on | ||||||
8 | or before July 1, 2016, but the aggregate principal amount | ||||||
9 | issued in all such bond issuances combined must not exceed | ||||||
10 | $50,000,000. | ||||||
11 | (4) The bonds are issued in accordance with this | ||||||
12 | Article. | ||||||
13 | (5) The proceeds of the bonds are used to accomplish | ||||||
14 | only those projects approved by the voters at an election | ||||||
15 | held on or after November 2, 2010. | ||||||
16 | The debt incurred on any bonds issued under this subsection | ||||||
17 | (p-60) shall not be considered indebtedness for purposes of any | ||||||
18 | statutory debt limitation. Bonds issued under this subsection | ||||||
19 | (p-60) must mature within not to exceed 25 years from their | ||||||
20 | date, notwithstanding any other law, including Section 19-3 of | ||||||
21 | this Code, to the contrary. | ||||||
22 | (q) A school district must notify the State Board of | ||||||
23 | Education prior to issuing any form of long-term or short-term | ||||||
24 | debt that will result in outstanding debt that exceeds 75% of | ||||||
25 | the debt limit specified in this Section or any other provision | ||||||
26 | of law.
|
| |||||||
| |||||||
1 | (Source: P.A. 95-331, eff. 8-21-07; 95-594, eff. 9-10-07; | ||||||
2 | 95-792, eff. 1-1-09; 96-63, eff. 7-23-09; 96-273, eff. 8-11-09; | ||||||
3 | 96-517, eff. 8-14-09; revised 9-15-09.) | ||||||
4 | Section 10. The School Construction Law is amended by | ||||||
5 | changing Section 5-50 as follows: | ||||||
6 | (105 ILCS 230/5-50) | ||||||
7 | Sec. 5-50. Referendum requirements. After the State Board | ||||||
8 | of Education
has approved all or part of a district's | ||||||
9 | application and issued a grant
entitlement for a school | ||||||
10 | construction project grant, the district shall submit
the | ||||||
11 | project or the financing of the project to a referendum when | ||||||
12 | such
referendum is required by law , except for a project | ||||||
13 | financed by bonds issued pursuant to subsection (p-60) of | ||||||
14 | Section 19-1 of the School Code . | ||||||
15 | (Source: P.A. 90-548, eff. 1-1-98.)
| ||||||
16 | Section 99. Effective date. This Act takes effect upon | ||||||
17 | becoming law.".
|