|
| | 10300HB4582sam001 | - 2 - | LRB103 35517 JDS 74233 a |
|
|
1 | | using the bond authorizations for capital projects enacted in |
2 | | Public Act 96-36, Public Act 96-1554, Public Act 97-771, |
3 | | Public Act 98-94, and this amendatory Act of the 103rd General |
4 | | Assembly and using the general obligation bond authorizations |
5 | | for capital projects enacted in Public Act 101-30 and Public |
6 | | Act 103-7 and in this amendatory Act of the 103rd General |
7 | | Assembly , be set aside and used for the purpose of paying and |
8 | | discharging annually the principal and interest on that bonded |
9 | | indebtedness then due and payable. |
10 | | In addition to other transfers to the General Obligation |
11 | | Bond Retirement and Interest Fund made pursuant to Section 15 |
12 | | of the General Obligation Bond Act, upon each delivery of |
13 | | general obligation bonds for capital projects using bond |
14 | | authorizations enacted in Public Act 96-36, Public Act |
15 | | 96-1554, Public Act 97-771, Public Act 98-94, Public Act |
16 | | 101-30 (except for amounts in Public Act 101-30 that increase |
17 | | bond authorization under paragraph (1) of subsection (a) of |
18 | | Section 4 and subsection (e) of Section 4 of the General |
19 | | Obligation Bond Act), Public Act 103-7, and this amendatory |
20 | | Act of the 103rd General Assembly and this amendatory Act of |
21 | | the 103rd General Assembly , the State Comptroller shall |
22 | | compute and certify to the State Treasurer the total amount of |
23 | | principal of, interest on, and premium, if any, on such bonds |
24 | | during the then current and each succeeding fiscal year. With |
25 | | respect to the interest payable on variable rate bonds, such |
26 | | certifications shall be calculated at the maximum rate of |
|
| | 10300HB4582sam001 | - 3 - | LRB103 35517 JDS 74233 a |
|
|
1 | | interest that may be payable during the fiscal year, after |
2 | | taking into account any credits permitted in the related |
3 | | indenture or other instrument against the amount of such |
4 | | interest required to be appropriated for the period. |
5 | | (a) Except as provided for in subsection (b), on or before |
6 | | the last day of each month, the State Treasurer and State |
7 | | Comptroller shall transfer from the Capital Projects Fund to |
8 | | the General Obligation Bond Retirement and Interest Fund an |
9 | | amount sufficient to pay the aggregate of the principal of, |
10 | | interest on, and premium, if any, on the bonds payable on their |
11 | | next payment date, divided by the number of monthly transfers |
12 | | occurring between the last previous payment date (or the |
13 | | delivery date if no payment date has yet occurred) and the next |
14 | | succeeding payment date. Interest payable on variable rate |
15 | | bonds shall be calculated at the maximum rate of interest that |
16 | | may be payable for the relevant period, after taking into |
17 | | account any credits permitted in the related indenture or |
18 | | other instrument against the amount of such interest required |
19 | | to be appropriated for that period. Interest for which moneys |
20 | | have already been deposited into the capitalized interest |
21 | | account within the General Obligation Bond Retirement and |
22 | | Interest Fund shall not be included in the calculation of the |
23 | | amounts to be transferred under this subsection. |
24 | | (b) On or before the last day of each month, the State |
25 | | Treasurer and State Comptroller shall transfer from the |
26 | | Capital Projects Fund to the General Obligation Bond |
|
| | 10300HB4582sam001 | - 4 - | LRB103 35517 JDS 74233 a |
|
|
1 | | Retirement and Interest Fund an amount sufficient to pay the |
2 | | aggregate of the principal of, interest on, and premium, if |
3 | | any, on the bonds issued prior to January 1, 2012 pursuant to |
4 | | Section 4(d) of the General Obligation Bond Act payable on |
5 | | their next payment date, divided by the number of monthly |
6 | | transfers occurring between the last previous payment date (or |
7 | | the delivery date if no payment date has yet occurred) and the |
8 | | next succeeding payment date. If the available balance in the |
9 | | Capital Projects Fund is not sufficient for the transfer |
10 | | required in this subsection, the State Treasurer and State |
11 | | Comptroller shall transfer the difference from the Road Fund |
12 | | to the General Obligation Bond Retirement and Interest Fund; |
13 | | except that such Road Fund transfers shall constitute a debt |
14 | | of the Capital Projects Fund which shall be repaid according |
15 | | to subsection (c). Interest payable on variable rate bonds |
16 | | shall be calculated at the maximum rate of interest that may be |
17 | | payable for the relevant period, after taking into account any |
18 | | credits permitted in the related indenture or other instrument |
19 | | against the amount of such interest required to be |
20 | | appropriated for that period. Interest for which moneys have |
21 | | already been deposited into the capitalized interest account |
22 | | within the General Obligation Bond Retirement and Interest |
23 | | Fund shall not be included in the calculation of the amounts to |
24 | | be transferred under this subsection. |
25 | | (c) On the first day of any month when the Capital Projects |
26 | | Fund is carrying a debt to the Road Fund due to the provisions |
|
| | 10300HB4582sam001 | - 5 - | LRB103 35517 JDS 74233 a |
|
|
1 | | of subsection (b), the State Treasurer and State Comptroller |
2 | | shall transfer from the Capital Projects Fund to the Road Fund |
3 | | an amount sufficient to discharge that debt. These transfers |
4 | | to the Road Fund shall continue until the Capital Projects |
5 | | Fund has repaid to the Road Fund all transfers made from the |
6 | | Road Fund pursuant to subsection (b). Notwithstanding any |
7 | | other law to the contrary, transfers to the Road Fund from the |
8 | | Capital Projects Fund shall be made prior to any other |
9 | | expenditures or transfers out of the Capital Projects Fund. |
10 | | (Source: P.A. 103-7, eff. 7-1-23.) |
11 | | Article 10. |
12 | | Section 10-5. The General Obligation Bond Act is amended |
13 | | by changing Sections 2, 3, and 9 as follows: |
14 | | (30 ILCS 330/2) (from Ch. 127, par. 652) |
15 | | Sec. 2. Authorization for Bonds. The State of Illinois is |
16 | | authorized to issue, sell and provide for the retirement of |
17 | | General Obligation Bonds of the State of Illinois for the |
18 | | categories and specific purposes expressed in Sections 2 |
19 | | through 8 of this Act, in the total amount of $81,789,839,969 |
20 | | $79,440,839,969 . |
21 | | The bonds authorized in this Section 2 and in Section 16 of |
22 | | this Act are herein called "Bonds". |
23 | | Of the total amount of Bonds authorized in this Act, up to |
|
| | 10300HB4582sam001 | - 6 - | LRB103 35517 JDS 74233 a |
|
|
1 | | $2,200,000,000 in aggregate original principal amount may be |
2 | | issued and sold in accordance with the Baccalaureate Savings |
3 | | Act in the form of General Obligation College Savings Bonds. |
4 | | Of the total amount of Bonds authorized in this Act, up to |
5 | | $300,000,000 in aggregate original principal amount may be |
6 | | issued and sold in accordance with the Retirement Savings Act |
7 | | in the form of General Obligation Retirement Savings Bonds. |
8 | | Of the total amount of Bonds authorized in this Act, the |
9 | | additional $10,000,000,000 authorized by Public Act 93-2, the |
10 | | $3,466,000,000 authorized by Public Act 96-43, and the |
11 | | $4,096,348,300 authorized by Public Act 96-1497 shall be used |
12 | | solely as provided in Section 7.2. |
13 | | Of the total amount of Bonds authorized in this Act, the |
14 | | additional $6,000,000,000 authorized by Public Act 100-23 |
15 | | shall be used solely as provided in Section 7.6 and shall be |
16 | | issued by December 31, 2017. |
17 | | Of the total amount of Bonds authorized in this Act, |
18 | | $2,000,000,000 of the additional amount authorized by Public |
19 | | Act 100-587 and by Public Act 102-718 shall be used solely as |
20 | | provided in Section 7.7. |
21 | | The issuance and sale of Bonds pursuant to the General |
22 | | Obligation Bond Act is an economical and efficient method of |
23 | | financing the long-term capital needs of the State. This Act |
24 | | will permit the issuance of a multi-purpose General Obligation |
25 | | Bond with uniform terms and features. This will not only lower |
26 | | the cost of registration but also reduce the overall cost of |
|
| | 10300HB4582sam001 | - 7 - | LRB103 35517 JDS 74233 a |
|
|
1 | | issuing debt by improving the marketability of Illinois |
2 | | General Obligation Bonds. |
3 | | (Source: P.A. 102-718, eff. 5-5-22; 103-7, eff. 7-1-23.) |
4 | | (30 ILCS 330/3) (from Ch. 127, par. 653) |
5 | | Sec. 3. Capital facilities. The amount of $21,094,011,269 |
6 | | $18,745,011,269 is authorized to be used for the acquisition, |
7 | | development, construction, reconstruction, improvement, |
8 | | demolition, financing, architectural planning and installation |
9 | | of capital facilities within the State, consisting of |
10 | | buildings, structures, durable equipment, land, interests in |
11 | | land, and the costs associated with the purchase and |
12 | | implementation of information technology, including but not |
13 | | limited to the purchase of hardware and software, for the |
14 | | following specific purposes: |
15 | | (a) $6,908,676,500 $6,333,676,500 for educational |
16 | | purposes by State universities and public community |
17 | | colleges, the Illinois Community College Board created by |
18 | | the Public Community College Act and for grants to public |
19 | | community colleges as authorized by Sections 5-11 and 5-12 |
20 | | of the Public Community College Act; |
21 | | (b) $2,590,506,300 $1,690,506,300 for correctional |
22 | | purposes at State prison and correctional centers; |
23 | | (c) $691,492,300 $688,492,300 for open spaces, |
24 | | recreational and conservation purposes and the protection |
25 | | of land, including expenditures and grants for the |
|
| | 10300HB4582sam001 | - 8 - | LRB103 35517 JDS 74233 a |
|
|
1 | | Illinois Conservation Reserve Enhancement Program and for |
2 | | ecosystem restoration and for plugging of abandoned wells; |
3 | | (d) $1,078,503,900 for State child care facilities, |
4 | | mental and public health facilities, and facilities for |
5 | | the care of veterans with disabilities and their spouses, |
6 | | and for grants to public and private community health |
7 | | centers, hospitals, and other health care providers for |
8 | | capital facilities; |
9 | | (e) $8,439,753,300 $7,568,753,300 for use by the |
10 | | State, its departments, authorities, public corporations, |
11 | | commissions and agencies, including renewable energy |
12 | | upgrades at State facilities; |
13 | | (f) $818,100 for cargo handling facilities at port |
14 | | districts and for breakwaters, including harbor entrances, |
15 | | at port districts in conjunction with facilities for small |
16 | | boats and pleasure crafts; |
17 | | (g) $425,457,000 for water resource management |
18 | | projects, including flood mitigation and State dam and |
19 | | waterway projects; |
20 | | (h) $16,940,269 for the provision of facilities for |
21 | | food production research and related instructional and |
22 | | public service activities at the State universities and |
23 | | public community colleges; |
24 | | (i) $75,134,700 for grants by the Secretary of State, |
25 | | as State Librarian, for central library facilities |
26 | | authorized by Section 8 of the Illinois Library System Act |
|
| | 10300HB4582sam001 | - 9 - | LRB103 35517 JDS 74233 a |
|
|
1 | | and for grants by the Capital Development Board to units |
2 | | of local government for public library facilities; |
3 | | (j) $25,000,000 for the acquisition, development, |
4 | | construction, reconstruction, improvement, financing, |
5 | | architectural planning and installation of capital |
6 | | facilities consisting of buildings, structures, durable |
7 | | equipment and land for grants to counties, municipalities |
8 | | or public building commissions with correctional |
9 | | facilities that do not comply with the minimum standards |
10 | | of the Department of Corrections under Section 3-15-2 of |
11 | | the Unified Code of Corrections; |
12 | | (k) $5,011,600 for grants by the Department of |
13 | | Conservation for improvement or expansion of aquarium |
14 | | facilities located on property owned by a park district; |
15 | | (l) $599,590,000 to State agencies for grants to local |
16 | | governments for the acquisition, financing, architectural |
17 | | planning, development, alteration, installation, and |
18 | | construction of capital facilities consisting of |
19 | | buildings, structures, durable equipment, and land; and |
20 | | (m) $237,127,300 for the Illinois Open Land Trust |
21 | | Program as defined by the Illinois Open Land Trust Act. |
22 | | The amounts authorized above for capital facilities may be |
23 | | used for the acquisition, installation, alteration, |
24 | | construction, or reconstruction of capital facilities and for |
25 | | the purchase of equipment for the purpose of major capital |
26 | | improvements which will reduce energy consumption in State |
|
| | 10300HB4582sam001 | - 10 - | LRB103 35517 JDS 74233 a |
|
|
1 | | buildings or facilities. |
2 | | (Source: P.A. 103-7, eff. 7-1-23.) |
3 | | (30 ILCS 330/9) (from Ch. 127, par. 659) |
4 | | Sec. 9. Conditions for issuance and sale of Bonds; |
5 | | requirements for Bonds. |
6 | | (a) Except as otherwise provided in this subsection, |
7 | | subsection (h), and subsection (i), Bonds shall be issued and |
8 | | sold from time to time, in one or more series, in such amounts |
9 | | and at such prices as may be directed by the Governor, upon |
10 | | recommendation by the Director of the Governor's Office of |
11 | | Management and Budget. Bonds shall be in such form (either |
12 | | coupon, registered or book entry), in such denominations, |
13 | | payable within 25 years from their date, subject to such terms |
14 | | of redemption with or without premium, bear interest payable |
15 | | at such times and at such fixed or variable rate or rates, and |
16 | | be dated as shall be fixed and determined by the Director of |
17 | | the Governor's Office of Management and Budget in the order |
18 | | authorizing the issuance and sale of any series of Bonds, |
19 | | which order shall be approved by the Governor and is herein |
20 | | called a "Bond Sale Order"; provided however, that interest |
21 | | payable at fixed or variable rates shall not exceed that |
22 | | permitted in the Bond Authorization Act, as now or hereafter |
23 | | amended. Bonds shall be payable at such place or places, |
24 | | within or without the State of Illinois, and may be made |
25 | | registrable as to either principal or as to both principal and |
|
| | 10300HB4582sam001 | - 11 - | LRB103 35517 JDS 74233 a |
|
|
1 | | interest, as shall be specified in the Bond Sale Order. Bonds |
2 | | may be callable or subject to purchase and retirement or |
3 | | tender and remarketing as fixed and determined in the Bond |
4 | | Sale Order. Bonds, other than Bonds issued under Section 3 of |
5 | | this Act for the costs associated with the purchase and |
6 | | implementation of information technology, (i) except for |
7 | | refunding Bonds satisfying the requirements of Section 16 of |
8 | | this Act must be issued with principal or mandatory redemption |
9 | | amounts in equal amounts, with the first maturity issued |
10 | | occurring within the fiscal year in which the Bonds are issued |
11 | | or within the next succeeding fiscal year , except that Bonds |
12 | | issued during fiscal year 2025 may be issued with principal or |
13 | | mandatory redemption amounts in unequal amounts, and (ii) must |
14 | | mature or be subject to mandatory redemption each fiscal year |
15 | | thereafter up to 25 years, except for refunding Bonds |
16 | | satisfying the requirements of Section 16 of this Act and sold |
17 | | during fiscal year 2009, 2010, or 2011 which must mature or be |
18 | | subject to mandatory redemption each fiscal year thereafter up |
19 | | to 16 years. Bonds issued under Section 3 of this Act for the |
20 | | costs associated with the purchase and implementation of |
21 | | information technology must be issued with principal or |
22 | | mandatory redemption amounts in equal amounts, with the first |
23 | | maturity issued occurring with the fiscal year in which the |
24 | | respective bonds are issued or with the next succeeding fiscal |
25 | | year, with the respective bonds issued maturing or subject to |
26 | | mandatory redemption each fiscal year thereafter up to 10 |
|
| | 10300HB4582sam001 | - 12 - | LRB103 35517 JDS 74233 a |
|
|
1 | | years , except that Bonds issued during fiscal year 2025 may be |
2 | | issued with principal or mandatory redemption amounts in |
3 | | unequal amounts . Notwithstanding any provision of this Act to |
4 | | the contrary, the Bonds authorized by Public Act 96-43 shall |
5 | | be payable within 5 years from their date and must be issued |
6 | | with principal or mandatory redemption amounts in equal |
7 | | amounts, with payment of principal or mandatory redemption |
8 | | beginning in the first fiscal year following the fiscal year |
9 | | in which the Bonds are issued. |
10 | | Notwithstanding any provision of this Act to the contrary, |
11 | | the Bonds authorized by Public Act 96-1497 shall be payable |
12 | | within 8 years from their date and shall be issued with payment |
13 | | of maturing principal or scheduled mandatory redemptions in |
14 | | accordance with the following schedule, except the following |
15 | | amounts shall be prorated if less than the total additional |
16 | | amount of Bonds authorized by Public Act 96-1497 are issued: |
17 | | Fiscal Year After Issuance Amount |
18 | | 1-2 $0 |
19 | | 3 $110,712,120 |
20 | | 4 $332,136,360 |
21 | | 5 $664,272,720 |
22 | | 6-8 $996,409,080 |
23 | | Notwithstanding any provision of this Act to the contrary, |
24 | | Income Tax Proceed Bonds issued under Section 7.6 shall be |
25 | | payable 12 years from the date of sale and shall be issued with |
26 | | payment of principal or mandatory redemption. |
|
| | 10300HB4582sam001 | - 13 - | LRB103 35517 JDS 74233 a |
|
|
1 | | In the case of any series of Bonds bearing interest at a |
2 | | variable interest rate ("Variable Rate Bonds"), in lieu of |
3 | | determining the rate or rates at which such series of Variable |
4 | | Rate Bonds shall bear interest and the price or prices at which |
5 | | such Variable Rate Bonds shall be initially sold or remarketed |
6 | | (in the event of purchase and subsequent resale), the Bond |
7 | | Sale Order may provide that such interest rates and prices may |
8 | | vary from time to time depending on criteria established in |
9 | | such Bond Sale Order, which criteria may include, without |
10 | | limitation, references to indices or variations in interest |
11 | | rates as may, in the judgment of a remarketing agent, be |
12 | | necessary to cause Variable Rate Bonds of such series to be |
13 | | remarketable from time to time at a price equal to their |
14 | | principal amount, and may provide for appointment of a bank, |
15 | | trust company, investment bank, or other financial institution |
16 | | to serve as remarketing agent in that connection. The Bond |
17 | | Sale Order may provide that alternative interest rates or |
18 | | provisions for establishing alternative interest rates, |
19 | | different security or claim priorities, or different call or |
20 | | amortization provisions will apply during such times as |
21 | | Variable Rate Bonds of any series are held by a person |
22 | | providing credit or liquidity enhancement arrangements for |
23 | | such Bonds as authorized in subsection (b) of this Section. |
24 | | The Bond Sale Order may also provide for such variable |
25 | | interest rates to be established pursuant to a process |
26 | | generally known as an auction rate process and may provide for |
|
| | 10300HB4582sam001 | - 14 - | LRB103 35517 JDS 74233 a |
|
|
1 | | appointment of one or more financial institutions to serve as |
2 | | auction agents and broker-dealers in connection with the |
3 | | establishment of such interest rates and the sale and |
4 | | remarketing of such Bonds. |
5 | | (b) In connection with the issuance of any series of |
6 | | Bonds, the State may enter into arrangements to provide |
7 | | additional security and liquidity for such Bonds, including, |
8 | | without limitation, bond or interest rate insurance or letters |
9 | | of credit, lines of credit, bond purchase contracts, or other |
10 | | arrangements whereby funds are made available to retire or |
11 | | purchase Bonds, thereby assuring the ability of owners of the |
12 | | Bonds to sell or redeem their Bonds. The State may enter into |
13 | | contracts and may agree to pay fees to persons providing such |
14 | | arrangements, but only under circumstances where the Director |
15 | | of the Governor's Office of Management and Budget certifies |
16 | | that he or she reasonably expects the total interest paid or to |
17 | | be paid on the Bonds, together with the fees for the |
18 | | arrangements (being treated as if interest), would not, taken |
19 | | together, cause the Bonds to bear interest, calculated to |
20 | | their stated maturity, at a rate in excess of the rate that the |
21 | | Bonds would bear in the absence of such arrangements. |
22 | | The State may, with respect to Bonds issued or anticipated |
23 | | to be issued, participate in and enter into arrangements with |
24 | | respect to interest rate protection or exchange agreements, |
25 | | guarantees, or financial futures contracts for the purpose of |
26 | | limiting, reducing, or managing interest rate exposure. The |
|
| | 10300HB4582sam001 | - 15 - | LRB103 35517 JDS 74233 a |
|
|
1 | | authority granted under this paragraph, however, shall not |
2 | | increase the principal amount of Bonds authorized to be issued |
3 | | by law. The arrangements may be executed and delivered by the |
4 | | Director of the Governor's Office of Management and Budget on |
5 | | behalf of the State. Net payments for such arrangements shall |
6 | | constitute interest on the Bonds and shall be paid from the |
7 | | General Obligation Bond Retirement and Interest Fund. The |
8 | | Director of the Governor's Office of Management and Budget |
9 | | shall at least annually certify to the Governor and the State |
10 | | Comptroller his or her estimate of the amounts of such net |
11 | | payments to be included in the calculation of interest |
12 | | required to be paid by the State. |
13 | | (c) Prior to the issuance of any Variable Rate Bonds |
14 | | pursuant to subsection (a), the Director of the Governor's |
15 | | Office of Management and Budget shall adopt an interest rate |
16 | | risk management policy providing that the amount of the |
17 | | State's variable rate exposure with respect to Bonds shall not |
18 | | exceed 20%. This policy shall remain in effect while any Bonds |
19 | | are outstanding and the issuance of Bonds shall be subject to |
20 | | the terms of such policy. The terms of this policy may be |
21 | | amended from time to time by the Director of the Governor's |
22 | | Office of Management and Budget but in no event shall any |
23 | | amendment cause the permitted level of the State's variable |
24 | | rate exposure with respect to Bonds to exceed 20%. |
25 | | (d) "Build America Bonds" in this Section means Bonds |
26 | | authorized by Section 54AA of the Internal Revenue Code of |
|
| | 10300HB4582sam001 | - 16 - | LRB103 35517 JDS 74233 a |
|
|
1 | | 1986, as amended ("Internal Revenue Code"), and bonds issued |
2 | | from time to time to refund or continue to refund "Build |
3 | | America Bonds". |
4 | | (e) Notwithstanding any other provision of this Section, |
5 | | Qualified School Construction Bonds shall be issued and sold |
6 | | from time to time, in one or more series, in such amounts and |
7 | | at such prices as may be directed by the Governor, upon |
8 | | recommendation by the Director of the Governor's Office of |
9 | | Management and Budget. Qualified School Construction Bonds |
10 | | shall be in such form (either coupon, registered or book |
11 | | entry), in such denominations, payable within 25 years from |
12 | | their date, subject to such terms of redemption with or |
13 | | without premium, and if the Qualified School Construction |
14 | | Bonds are issued with a supplemental coupon, bear interest |
15 | | payable at such times and at such fixed or variable rate or |
16 | | rates, and be dated as shall be fixed and determined by the |
17 | | Director of the Governor's Office of Management and Budget in |
18 | | the order authorizing the issuance and sale of any series of |
19 | | Qualified School Construction Bonds, which order shall be |
20 | | approved by the Governor and is herein called a "Bond Sale |
21 | | Order"; except that interest payable at fixed or variable |
22 | | rates, if any, shall not exceed that permitted in the Bond |
23 | | Authorization Act, as now or hereafter amended. Qualified |
24 | | School Construction Bonds shall be payable at such place or |
25 | | places, within or without the State of Illinois, and may be |
26 | | made registrable as to either principal or as to both |
|
| | 10300HB4582sam001 | - 17 - | LRB103 35517 JDS 74233 a |
|
|
1 | | principal and interest, as shall be specified in the Bond Sale |
2 | | Order. Qualified School Construction Bonds may be callable or |
3 | | subject to purchase and retirement or tender and remarketing |
4 | | as fixed and determined in the Bond Sale Order. Qualified |
5 | | School Construction Bonds must be issued with principal or |
6 | | mandatory redemption amounts or sinking fund payments into the |
7 | | General Obligation Bond Retirement and Interest Fund (or |
8 | | subaccount therefor) in equal amounts, with the first maturity |
9 | | issued, mandatory redemption payment or sinking fund payment |
10 | | occurring within the fiscal year in which the Qualified School |
11 | | Construction Bonds are issued or within the next succeeding |
12 | | fiscal year, with Qualified School Construction Bonds issued |
13 | | maturing or subject to mandatory redemption or with sinking |
14 | | fund payments thereof deposited each fiscal year thereafter up |
15 | | to 25 years. Sinking fund payments set forth in this |
16 | | subsection shall be permitted only to the extent authorized in |
17 | | Section 54F of the Internal Revenue Code or as otherwise |
18 | | determined by the Director of the Governor's Office of |
19 | | Management and Budget. "Qualified School Construction Bonds" |
20 | | in this subsection means Bonds authorized by Section 54F of |
21 | | the Internal Revenue Code and for bonds issued from time to |
22 | | time to refund or continue to refund such "Qualified School |
23 | | Construction Bonds". |
24 | | (f) Beginning with the next issuance by the Governor's |
25 | | Office of Management and Budget of a request for |
26 | | qualifications for the purpose of formulating a new pool of |
|
| | 10300HB4582sam001 | - 18 - | LRB103 35517 JDS 74233 a |
|
|
1 | | qualified underwriters, all entities responding to such a |
2 | | request for qualifications for inclusion on that list shall |
3 | | provide a written report to the Governor's Office of |
4 | | Management and Budget and the Illinois Comptroller. The |
5 | | written report submitted to the Comptroller shall (i) be |
6 | | published on the Comptroller's Internet website and (ii) be |
7 | | used by the Governor's Office of Management and Budget for the |
8 | | purposes of scoring such a request for qualifications. The |
9 | | written report, at a minimum, shall: |
10 | | (1) disclose whether, within the past 3 months, |
11 | | pursuant to its credit default swap market-making |
12 | | activities, the firm has entered into any State of |
13 | | Illinois credit default swaps ("CDS"); |
14 | | (2) include, in the event of State of Illinois CDS |
15 | | activity, disclosure of the firm's cumulative notional |
16 | | volume of State of Illinois CDS trades and the firm's |
17 | | outstanding gross and net notional amount of State of |
18 | | Illinois CDS, as of the end of the current 3-month period; |
19 | | (3) indicate, pursuant to the firm's proprietary |
20 | | trading activities, disclosure of whether the firm, within |
21 | | the past 3 months, has entered into any proprietary trades |
22 | | for its own account in State of Illinois CDS; |
23 | | (4) include, in the event of State of Illinois |
24 | | proprietary trades, disclosure of the firm's outstanding |
25 | | gross and net notional amount of proprietary State of |
26 | | Illinois CDS and whether the net position is short or long |
|
| | 10300HB4582sam001 | - 19 - | LRB103 35517 JDS 74233 a |
|
|
1 | | credit protection, as of the end of the current 3-month |
2 | | period; |
3 | | (5) list all time periods during the past 3 months |
4 | | during which the firm held net long or net short State of |
5 | | Illinois CDS proprietary credit protection positions, the |
6 | | amount of such positions, and whether those positions were |
7 | | net long or net short credit protection positions; and |
8 | | (6) indicate whether, within the previous 3 months, |
9 | | the firm released any publicly available research or |
10 | | marketing reports that reference State of Illinois CDS and |
11 | | include those research or marketing reports as |
12 | | attachments. |
13 | | (g) All entities included on a Governor's Office of |
14 | | Management and Budget's pool of qualified underwriters list |
15 | | shall, as soon as possible after March 18, 2011 (the effective |
16 | | date of Public Act 96-1554), but not later than January 21, |
17 | | 2011, and on a quarterly fiscal basis thereafter, provide a |
18 | | written report to the Governor's Office of Management and |
19 | | Budget and the Illinois Comptroller. The written reports |
20 | | submitted to the Comptroller shall be published on the |
21 | | Comptroller's Internet website. The written reports, at a |
22 | | minimum, shall: |
23 | | (1) disclose whether, within the past 3 months, |
24 | | pursuant to its credit default swap market-making |
25 | | activities, the firm has entered into any State of |
26 | | Illinois credit default swaps ("CDS"); |
|
| | 10300HB4582sam001 | - 20 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (2) include, in the event of State of Illinois CDS |
2 | | activity, disclosure of the firm's cumulative notional |
3 | | volume of State of Illinois CDS trades and the firm's |
4 | | outstanding gross and net notional amount of State of |
5 | | Illinois CDS, as of the end of the current 3-month period; |
6 | | (3) indicate, pursuant to the firm's proprietary |
7 | | trading activities, disclosure of whether the firm, within |
8 | | the past 3 months, has entered into any proprietary trades |
9 | | for its own account in State of Illinois CDS; |
10 | | (4) include, in the event of State of Illinois |
11 | | proprietary trades, disclosure of the firm's outstanding |
12 | | gross and net notional amount of proprietary State of |
13 | | Illinois CDS and whether the net position is short or long |
14 | | credit protection, as of the end of the current 3-month |
15 | | period; |
16 | | (5) list all time periods during the past 3 months |
17 | | during which the firm held net long or net short State of |
18 | | Illinois CDS proprietary credit protection positions, the |
19 | | amount of such positions, and whether those positions were |
20 | | net long or net short credit protection positions; and |
21 | | (6) indicate whether, within the previous 3 months, |
22 | | the firm released any publicly available research or |
23 | | marketing reports that reference State of Illinois CDS and |
24 | | include those research or marketing reports as |
25 | | attachments. |
26 | | (h) Notwithstanding any other provision of this Section, |
|
| | 10300HB4582sam001 | - 21 - | LRB103 35517 JDS 74233 a |
|
|
1 | | for purposes of maximizing market efficiencies and cost |
2 | | savings, Income Tax Proceed Bonds may be issued and sold from |
3 | | time to time, in one or more series, in such amounts and at |
4 | | such prices as may be directed by the Governor, upon |
5 | | recommendation by the Director of the Governor's Office of |
6 | | Management and Budget. Income Tax Proceed Bonds shall be in |
7 | | such form, either coupon, registered, or book entry, in such |
8 | | denominations, shall bear interest payable at such times and |
9 | | at such fixed or variable rate or rates, and be dated as shall |
10 | | be fixed and determined by the Director of the Governor's |
11 | | Office of Management and Budget in the order authorizing the |
12 | | issuance and sale of any series of Income Tax Proceed Bonds, |
13 | | which order shall be approved by the Governor and is herein |
14 | | called a "Bond Sale Order"; provided, however, that interest |
15 | | payable at fixed or variable rates shall not exceed that |
16 | | permitted in the Bond Authorization Act. Income Tax Proceed |
17 | | Bonds shall be payable at such place or places, within or |
18 | | without the State of Illinois, and may be made registrable as |
19 | | to either principal or as to both principal and interest, as |
20 | | shall be specified in the Bond Sale Order. Income Tax Proceed |
21 | | Bonds may be callable or subject to purchase and retirement or |
22 | | tender and remarketing as fixed and determined in the Bond |
23 | | Sale Order. |
24 | | (i) Notwithstanding any other provision of this Section, |
25 | | for purposes of maximizing market efficiencies and cost |
26 | | savings, State Pension Obligation Acceleration Bonds may be |
|
| | 10300HB4582sam001 | - 22 - | LRB103 35517 JDS 74233 a |
|
|
1 | | issued and sold from time to time, in one or more series, in |
2 | | such amounts and at such prices as may be directed by the |
3 | | Governor, upon recommendation by the Director of the |
4 | | Governor's Office of Management and Budget. State Pension |
5 | | Obligation Acceleration Bonds shall be in such form, either |
6 | | coupon, registered, or book entry, in such denominations, |
7 | | shall bear interest payable at such times and at such fixed or |
8 | | variable rate or rates, and be dated as shall be fixed and |
9 | | determined by the Director of the Governor's Office of |
10 | | Management and Budget in the order authorizing the issuance |
11 | | and sale of any series of State Pension Obligation |
12 | | Acceleration Bonds, which order shall be approved by the |
13 | | Governor and is herein called a "Bond Sale Order"; provided, |
14 | | however, that interest payable at fixed or variable rates |
15 | | shall not exceed that permitted in the Bond Authorization Act. |
16 | | State Pension Obligation Acceleration Bonds shall be payable |
17 | | at such place or places, within or without the State of |
18 | | Illinois, and may be made registrable as to either principal |
19 | | or as to both principal and interest, as shall be specified in |
20 | | the Bond Sale Order. State Pension Obligation Acceleration |
21 | | Bonds may be callable or subject to purchase and retirement or |
22 | | tender and remarketing as fixed and determined in the Bond |
23 | | Sale Order. |
24 | | (Source: P.A. 103-7, eff. 7-1-23.) |
25 | | Article 15. |
|
| | 10300HB4582sam001 | - 23 - | LRB103 35517 JDS 74233 a |
|
|
1 | | Section 15-5. The Build Illinois Bond Act is amended by |
2 | | changing Sections 2, 4, 6, and 13 as follows: |
3 | | (30 ILCS 425/2) (from Ch. 127, par. 2802) |
4 | | Sec. 2. Authorization for Bonds. The State of Illinois is |
5 | | authorized to issue, sell and provide for the retirement of |
6 | | limited obligation bonds, notes and other evidences of |
7 | | indebtedness of the State of Illinois in the total principal |
8 | | amount of $11,358,681,100 $10,019,681,100 herein called |
9 | | "Bonds". Such amount of authorized Bonds shall be exclusive of |
10 | | any refunding Bonds issued pursuant to Section 15 of this Act |
11 | | and exclusive of any Bonds issued pursuant to this Section |
12 | | which are redeemed, purchased, advance refunded, or defeased |
13 | | in accordance with paragraph (f) of Section 4 of this Act. |
14 | | Bonds shall be issued for the categories and specific purposes |
15 | | expressed in Section 4 of this Act. |
16 | | (Source: P.A. 102-1071, eff. 6-10-22; 103-7, eff. 7-1-23.) |
17 | | (30 ILCS 425/4) (from Ch. 127, par. 2804) |
18 | | Sec. 4. Purposes of Bonds. Bonds shall be issued for the |
19 | | following purposes and in the approximate amounts as set forth |
20 | | below: |
21 | | (a) $4,741,094,533 $4,506,094,533 for the expenses of |
22 | | issuance and sale of Bonds, including bond discounts, and for |
23 | | planning, engineering, acquisition, construction, |
|
| | 10300HB4582sam001 | - 24 - | LRB103 35517 JDS 74233 a |
|
|
1 | | reconstruction, development, improvement, demolition, and |
2 | | extension of the public infrastructure in the State of |
3 | | Illinois, including: the making of loans or grants to local |
4 | | governments for waste disposal systems, water and sewer line |
5 | | extensions and water distribution and purification facilities, |
6 | | rail or air or water port improvements, gas and electric |
7 | | utility extensions, publicly owned industrial and commercial |
8 | | sites, buildings used for public administration purposes and |
9 | | other public infrastructure capital improvements; the making |
10 | | of loans or grants to units of local government for financing |
11 | | and construction of wastewater facilities, including grants to |
12 | | serve unincorporated areas; refinancing or retiring bonds |
13 | | issued between January 1, 1987 and January 1, 1990 by home rule |
14 | | municipalities, debt service on which is provided from a tax |
15 | | imposed by home rule municipalities prior to January 1, 1990 |
16 | | on the sale of food and drugs pursuant to Section 8-11-1 of the |
17 | | Home Rule Municipal Retailers' Occupation Tax Act or Section |
18 | | 8-11-5 of the Home Rule Municipal Service Occupation Tax Act; |
19 | | the making of deposits not to exceed $70,000,000 in the |
20 | | aggregate into the Water Pollution Control Revolving Fund to |
21 | | provide assistance in accordance with the provisions of Title |
22 | | IV-A of the Environmental Protection Act; the planning, |
23 | | engineering, acquisition, construction, reconstruction, |
24 | | alteration, expansion, extension and improvement of highways, |
25 | | bridges, structures separating highways and railroads, rest |
26 | | areas, interchanges, access roads to and from any State or |
|
| | 10300HB4582sam001 | - 25 - | LRB103 35517 JDS 74233 a |
|
|
1 | | local highway and other transportation improvement projects |
2 | | which are related to economic development activities; the |
3 | | making of loans or grants for planning, engineering, |
4 | | rehabilitation, improvement or construction of rail and |
5 | | transit facilities; the planning, engineering, acquisition, |
6 | | construction, reconstruction and improvement of watershed, |
7 | | drainage, flood control, recreation and related improvements |
8 | | and facilities, including expenses related to land and |
9 | | easement acquisition, relocation, control structures, channel |
10 | | work and clearing and appurtenant work; the planning, |
11 | | engineering, acquisition, construction, reconstruction and |
12 | | improvement of State facilities and related infrastructure; |
13 | | the making of Park and Recreational Facilities Construction |
14 | | (PARC) grants; the making of grants to units of local |
15 | | government for community development capital projects; the |
16 | | making of grants for improvement and development of zoos and |
17 | | park district field houses and related structures; and the |
18 | | making of grants for improvement and development of Navy Pier |
19 | | and related structures. |
20 | | (b) $3,554,636,967 $2,474,636,967 for fostering economic |
21 | | development and increased employment and fostering the well |
22 | | being of the citizens of Illinois through community |
23 | | development, including: the making of grants for improvement |
24 | | and development of McCormick Place and related structures; the |
25 | | planning and construction of a microelectronics research |
26 | | center, including the planning, engineering, construction, |
|
| | 10300HB4582sam001 | - 26 - | LRB103 35517 JDS 74233 a |
|
|
1 | | improvement, renovation and acquisition of buildings, |
2 | | equipment and related utility support systems; the making of |
3 | | loans to businesses and investments in small businesses; |
4 | | acquiring real properties for industrial or commercial site |
5 | | development; acquiring, rehabilitating and reconveying |
6 | | industrial and commercial properties for the purpose of |
7 | | expanding employment and encouraging private and other public |
8 | | sector investment in the economy of Illinois; the payment of |
9 | | expenses associated with siting the Superconducting Super |
10 | | Collider Particle Accelerator in Illinois and with its |
11 | | acquisition, construction, maintenance, operation, promotion |
12 | | and support; the making of loans for the planning, |
13 | | engineering, acquisition, construction, improvement and |
14 | | conversion of facilities and equipment which will foster the |
15 | | use of Illinois coal; the payment of expenses associated with |
16 | | the promotion, establishment, acquisition and operation of |
17 | | small business incubator facilities and agribusiness research |
18 | | facilities, including the lease, purchase, renovation, |
19 | | planning, engineering, construction and maintenance of |
20 | | buildings, utility support systems and equipment designated |
21 | | for such purposes and the establishment and maintenance of |
22 | | centralized support services within such facilities; the |
23 | | making of grants for transportation electrification |
24 | | infrastructure projects that promote use of clean and |
25 | | renewable energy; the making of capital expenditures and |
26 | | grants for broadband development and for a statewide broadband |
|
| | 10300HB4582sam001 | - 27 - | LRB103 35517 JDS 74233 a |
|
|
1 | | deployment grant program; the making of grants to public |
2 | | entities and private persons and entities for community |
3 | | development capital projects; the making of grants to public |
4 | | entities and private persons and entities for capital projects |
5 | | in the context of grant programs focused on assisting |
6 | | economically depressed areas, expanding affordable housing, |
7 | | supporting the provision of human services, supporting |
8 | | emerging technology enterprises, fostering the advancement of |
9 | | quantum information science and technology, and supporting |
10 | | minority owned businesses; and the making of grants or loans |
11 | | to units of local government for Urban Development Action |
12 | | Grant and Housing Partnership programs. |
13 | | (c) $2,785,076,600 $2,761,076,600 for the development and |
14 | | improvement of educational, scientific, technical and |
15 | | vocational programs and facilities and the expansion of health |
16 | | and human services for all citizens of Illinois, including: |
17 | | the making of grants to school districts and not-for-profit |
18 | | organizations for early childhood construction projects |
19 | | pursuant to Section 5-300 of the School Construction Law; the |
20 | | making of grants to educational institutions for educational, |
21 | | scientific, technical and vocational program equipment and |
22 | | facilities; the making of grants to museums for equipment and |
23 | | facilities; the making of construction and improvement grants |
24 | | and loans to public libraries and library systems; the making |
25 | | of grants and loans for planning, engineering, acquisition and |
26 | | construction of a new State central library in Springfield; |
|
| | 10300HB4582sam001 | - 28 - | LRB103 35517 JDS 74233 a |
|
|
1 | | the planning, engineering, acquisition and construction of an |
2 | | animal and dairy sciences facility; the planning, engineering, |
3 | | acquisition and construction of a campus and all related |
4 | | buildings, facilities, equipment and materials for Richland |
5 | | Community College; the acquisition, rehabilitation and |
6 | | installation of equipment and materials for scientific and |
7 | | historical surveys; the making of grants or loans for |
8 | | distribution to eligible vocational education instructional |
9 | | programs for the upgrading of vocational education programs, |
10 | | school shops and laboratories, including the acquisition, |
11 | | rehabilitation and installation of technical equipment and |
12 | | materials; the making of grants or loans for distribution to |
13 | | eligible local educational agencies for the upgrading of math |
14 | | and science instructional programs, including the acquisition |
15 | | of instructional equipment and materials; miscellaneous |
16 | | capital improvements for universities and community colleges |
17 | | including the planning, engineering, construction, |
18 | | reconstruction, remodeling, improvement, repair and |
19 | | installation of capital facilities and costs of planning, |
20 | | supplies, equipment, materials, services, and all other |
21 | | required expenses; the making of grants or loans for repair, |
22 | | renovation and miscellaneous capital improvements for |
23 | | privately operated colleges and universities and community |
24 | | colleges, including the planning, engineering, acquisition, |
25 | | construction, reconstruction, remodeling, improvement, repair |
26 | | and installation of capital facilities and costs of planning, |
|
| | 10300HB4582sam001 | - 29 - | LRB103 35517 JDS 74233 a |
|
|
1 | | supplies, equipment, materials, services, and all other |
2 | | required expenses; and the making of grants or loans for |
3 | | distribution to local governments for hospital and other |
4 | | health care facilities including the planning, engineering, |
5 | | acquisition, construction, reconstruction, remodeling, |
6 | | improvement, repair and installation of capital facilities and |
7 | | costs of planning, supplies, equipment, materials, services |
8 | | and all other required expenses. |
9 | | (d) $277,873,000 for protection, preservation, restoration |
10 | | and conservation of environmental and natural resources, |
11 | | including: the making of grants to soil and water conservation |
12 | | districts for the planning and implementation of conservation |
13 | | practices and for funding contracts with the Soil Conservation |
14 | | Service for watershed planning; the making of grants to units |
15 | | of local government for the capital development and |
16 | | improvement of recreation areas, including planning and |
17 | | engineering costs, sewer projects, including planning and |
18 | | engineering costs and water projects, including planning and |
19 | | engineering costs, and for the acquisition of open space |
20 | | lands, including the acquisition of easements and other |
21 | | property interests of less than fee simple ownership; the |
22 | | making of grants to units of local government through the |
23 | | Illinois Green Infrastructure Grant Program to protect water |
24 | | quality and mitigate flooding; the acquisition and related |
25 | | costs and development and management of natural heritage |
26 | | lands, including natural areas and areas providing habitat for |
|
| | 10300HB4582sam001 | - 30 - | LRB103 35517 JDS 74233 a |
|
|
1 | | endangered species and nongame wildlife, and buffer area |
2 | | lands; the acquisition and related costs and development and |
3 | | management of habitat lands, including forest, wildlife |
4 | | habitat and wetlands; and the removal and disposition of |
5 | | hazardous substances, including the cost of project |
6 | | management, equipment, laboratory analysis, and contractual |
7 | | services necessary for preventative and corrective actions |
8 | | related to the preservation, restoration and conservation of |
9 | | the environment, including deposits not to exceed $60,000,000 |
10 | | in the aggregate into the Hazardous Waste Fund and the |
11 | | Brownfields Redevelopment Fund for improvements in accordance |
12 | | with the provisions of Titles V and XVII of the Environmental |
13 | | Protection Act. |
14 | | (e) The amount specified in paragraph (a) above shall |
15 | | include an amount necessary to pay reasonable expenses of each |
16 | | issuance and sale of the Bonds, as specified in the related |
17 | | Bond Sale Order (hereinafter defined). |
18 | | (f) Any unexpended proceeds from any sale of Bonds which |
19 | | are held in the Build Illinois Bond Fund may be used to redeem, |
20 | | purchase, advance refund, or defease any Bonds outstanding. |
21 | | (Source: P.A. 103-7, eff. 7-1-23.) |
22 | | (30 ILCS 425/6) (from Ch. 127, par. 2806) |
23 | | Sec. 6. Conditions for issuance and sale of Bonds - |
24 | | requirements for Bonds - master and supplemental indentures - |
25 | | credit and liquidity enhancement. |
|
| | 10300HB4582sam001 | - 31 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (a) Bonds shall be issued and sold from time to time, in |
2 | | one or more series, in such amounts and at such prices as |
3 | | directed by the Governor, upon recommendation by the Director |
4 | | of the Governor's Office of Management and Budget. Bonds shall |
5 | | be payable only from the specific sources and secured in the |
6 | | manner provided in this Act. Bonds shall be in such form, in |
7 | | such denominations, mature on such dates within 25 years from |
8 | | their date of issuance, be subject to optional or mandatory |
9 | | redemption, bear interest payable at such times and at such |
10 | | rate or rates, fixed or variable, and be dated as shall be |
11 | | fixed and determined by the Director of the Governor's Office |
12 | | of Management and Budget in an order authorizing the issuance |
13 | | and sale of any series of Bonds, which order shall be approved |
14 | | by the Governor and is herein called a "Bond Sale Order"; |
15 | | provided, however, that interest payable at fixed rates shall |
16 | | not exceed that permitted in "An Act to authorize public |
17 | | corporations to issue bonds, other evidences of indebtedness |
18 | | and tax anticipation warrants subject to interest rate |
19 | | limitations set forth therein", approved May 26, 1970, as now |
20 | | or hereafter amended, and interest payable at variable rates |
21 | | shall not exceed the maximum rate permitted in the Bond Sale |
22 | | Order. Said Bonds shall be payable at such place or places, |
23 | | within or without the State of Illinois, and may be made |
24 | | registrable as to either principal only or as to both |
25 | | principal and interest, as shall be specified in the Bond Sale |
26 | | Order. Bonds may be callable or subject to purchase and |
|
| | 10300HB4582sam001 | - 32 - | LRB103 35517 JDS 74233 a |
|
|
1 | | retirement or remarketing as fixed and determined in the Bond |
2 | | Sale Order. Bonds (i) except for refunding Bonds satisfying |
3 | | the requirements of Section 15 of this Act must be issued with |
4 | | principal or mandatory redemption amounts in equal amounts, |
5 | | with the first maturity issued occurring within the fiscal |
6 | | year in which the Bonds are issued or within the next |
7 | | succeeding fiscal year , except that Bonds issued during fiscal |
8 | | year 2025 may be issued with principal or mandatory redemption |
9 | | amounts in unequal amounts, and (ii) must mature or be subject |
10 | | to mandatory redemption each fiscal year thereafter up to 25 |
11 | | years, except for refunding Bonds satisfying the requirements |
12 | | of Section 15 of this Act and sold during fiscal year 2009, |
13 | | 2010, or 2011 which must mature or be subject to mandatory |
14 | | redemption each fiscal year thereafter up to 16 years. |
15 | | All Bonds authorized under this Act shall be issued |
16 | | pursuant to a master trust indenture ("Master Indenture") |
17 | | executed and delivered on behalf of the State by the Director |
18 | | of the Governor's Office of Management and Budget, such Master |
19 | | Indenture to be in substantially the form approved in the Bond |
20 | | Sale Order authorizing the issuance and sale of the initial |
21 | | series of Bonds issued under this Act. Such initial series of |
22 | | Bonds may, and each subsequent series of Bonds shall, also be |
23 | | issued pursuant to a supplemental trust indenture |
24 | | ("Supplemental Indenture") executed and delivered on behalf of |
25 | | the State by the Director of the Governor's Office of |
26 | | Management and Budget, each such Supplemental Indenture to be |
|
| | 10300HB4582sam001 | - 33 - | LRB103 35517 JDS 74233 a |
|
|
1 | | in substantially the form approved in the Bond Sale Order |
2 | | relating to such series. The Master Indenture and any |
3 | | Supplemental Indenture shall be entered into with a bank or |
4 | | trust company in the State of Illinois having trust powers and |
5 | | possessing capital and surplus of not less than $100,000,000. |
6 | | Such indentures shall set forth the terms and conditions of |
7 | | the Bonds and provide for payment of and security for the |
8 | | Bonds, including the establishment and maintenance of debt |
9 | | service and reserve funds, and for other protections for |
10 | | holders of the Bonds. The term "reserve funds" as used in this |
11 | | Act shall include funds and accounts established under |
12 | | indentures to provide for the payment of principal of and |
13 | | premium and interest on Bonds, to provide for the purchase, |
14 | | retirement or defeasance of Bonds, to provide for fees of |
15 | | trustees, registrars, paying agents and other fiduciaries and |
16 | | to provide for payment of costs of and debt service payable in |
17 | | respect of credit or liquidity enhancement arrangements, |
18 | | interest rate swaps or guarantees or financial futures |
19 | | contracts and indexing and remarketing agents' services. |
20 | | In the case of any series of Bonds bearing interest at a |
21 | | variable interest rate ("Variable Rate Bonds"), in lieu of |
22 | | determining the rate or rates at which such series of Variable |
23 | | Rate Bonds shall bear interest and the price or prices at which |
24 | | such Variable Rate Bonds shall be initially sold or remarketed |
25 | | (in the event of purchase and subsequent resale), the Bond |
26 | | Sale Order may provide that such interest rates and prices may |
|
| | 10300HB4582sam001 | - 34 - | LRB103 35517 JDS 74233 a |
|
|
1 | | vary from time to time depending on criteria established in |
2 | | such Bond Sale Order, which criteria may include, without |
3 | | limitation, references to indices or variations in interest |
4 | | rates as may, in the judgment of a remarketing agent, be |
5 | | necessary to cause Bonds of such series to be remarketable |
6 | | from time to time at a price equal to their principal amount |
7 | | (or compound accreted value in the case of original issue |
8 | | discount Bonds), and may provide for appointment of indexing |
9 | | agents and a bank, trust company, investment bank or other |
10 | | financial institution to serve as remarketing agent in that |
11 | | connection. The Bond Sale Order may provide that alternative |
12 | | interest rates or provisions for establishing alternative |
13 | | interest rates, different security or claim priorities or |
14 | | different call or amortization provisions will apply during |
15 | | such times as Bonds of any series are held by a person |
16 | | providing credit or liquidity enhancement arrangements for |
17 | | such Bonds as authorized in subsection (b) of Section 6 of this |
18 | | Act. |
19 | | (b) In connection with the issuance of any series of |
20 | | Bonds, the State may enter into arrangements to provide |
21 | | additional security and liquidity for such Bonds, including, |
22 | | without limitation, bond or interest rate insurance or letters |
23 | | of credit, lines of credit, bond purchase contracts or other |
24 | | arrangements whereby funds are made available to retire or |
25 | | purchase Bonds, thereby assuring the ability of owners of the |
26 | | Bonds to sell or redeem their Bonds. The State may enter into |
|
| | 10300HB4582sam001 | - 35 - | LRB103 35517 JDS 74233 a |
|
|
1 | | contracts and may agree to pay fees to persons providing such |
2 | | arrangements, but only under circumstances where the Director |
3 | | of the Bureau of the Budget (now Governor's Office of |
4 | | Management and Budget) certifies that he reasonably expects |
5 | | the total interest paid or to be paid on the Bonds, together |
6 | | with the fees for the arrangements (being treated as if |
7 | | interest), would not, taken together, cause the Bonds to bear |
8 | | interest, calculated to their stated maturity, at a rate in |
9 | | excess of the rate which the Bonds would bear in the absence of |
10 | | such arrangements. Any bonds, notes or other evidences of |
11 | | indebtedness issued pursuant to any such arrangements for the |
12 | | purpose of retiring and discharging outstanding Bonds shall |
13 | | constitute refunding Bonds under Section 15 of this Act. The |
14 | | State may participate in and enter into arrangements with |
15 | | respect to interest rate swaps or guarantees or financial |
16 | | futures contracts for the purpose of limiting or restricting |
17 | | interest rate risk; provided that such arrangements shall be |
18 | | made with or executed through banks having capital and surplus |
19 | | of not less than $100,000,000 or insurance companies holding |
20 | | the highest policyholder rating accorded insurers by A.M. Best & |
21 | | Co. or any comparable rating service or government bond |
22 | | dealers reporting to, trading with, and recognized as primary |
23 | | dealers by a Federal Reserve Bank and having capital and |
24 | | surplus of not less than $100,000,000, or other persons whose |
25 | | debt securities are rated in the highest long-term categories |
26 | | by both Moody's Investors' Services, Inc. and Standard & |
|
| | 10300HB4582sam001 | - 36 - | LRB103 35517 JDS 74233 a |
|
|
1 | | Poor's Corporation. Agreements incorporating any of the |
2 | | foregoing arrangements may be executed and delivered by the |
3 | | Director of the Governor's Office of Management and Budget on |
4 | | behalf of the State in substantially the form approved in the |
5 | | Bond Sale Order relating to such Bonds. |
6 | | (c) "Build America Bonds" in this Section means Bonds |
7 | | authorized by Section 54AA of the Internal Revenue Code of |
8 | | 1986, as amended ("Internal Revenue Code"), and bonds issued |
9 | | from time to time to refund or continue to refund "Build |
10 | | America Bonds". |
11 | | (Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
12 | | 101-30, eff. 6-28-19.) |
13 | | (30 ILCS 425/13) (from Ch. 127, par. 2813) |
14 | | Sec. 13. Computation of principal and interest; transfer |
15 | | from Build Illinois Bond Account; payment from Build Illinois |
16 | | Bond Retirement and Interest Fund. Upon each delivery of |
17 | | Bonds authorized to be issued under this Act, the trustee |
18 | | under the Master Indenture shall compute and certify to the |
19 | | Director of the Governor's Office of Management and Budget, |
20 | | the Comptroller and the Treasurer (a) the total amount of the |
21 | | principal of and the interest and the premium, if any, on the |
22 | | Bonds then being issued and on Bonds previously issued and |
23 | | outstanding that will be payable in order to retire such Bonds |
24 | | at their stated maturities or mandatory sinking fund payment |
25 | | dates and (b) the amount of principal of and interest and |
|
| | 10300HB4582sam001 | - 37 - | LRB103 35517 JDS 74233 a |
|
|
1 | | premium, if any, on such Bonds that will be payable on each |
2 | | principal, interest and mandatory sinking fund payment date |
3 | | according to the tenor of such Bonds during the then current |
4 | | and each succeeding fiscal year. Such certifications shall |
5 | | include with respect to interest payable on Variable Rate |
6 | | Bonds the maximum amount of interest which may be payable for |
7 | | the relevant period after taking into account any credits |
8 | | permitted in the related indenture against the amount of such |
9 | | interest required to be appropriated for such period pursuant |
10 | | to subsection (c) of Section 11 of this Act. |
11 | | On or before June 20, 1993 and on or before each June 20 |
12 | | thereafter so long as Bonds remain outstanding, the trustee |
13 | | under the Master Indenture shall deliver to the Director of |
14 | | the Governor's Office of Management and Budget (formerly |
15 | | Bureau of the Budget), the Comptroller and the Treasurer a |
16 | | certificate setting forth the "Certified Annual Debt Service |
17 | | Requirement" (hereinafter defined) for the next succeeding |
18 | | fiscal year. If Bonds are issued subsequent to the delivery of |
19 | | any such certificate, upon the issuance of such Bonds the |
20 | | trustee under the Master Indenture shall deliver a |
21 | | supplemental certificate setting forth the revisions, if any, |
22 | | in the Certified Annual Debt Service Requirement resulting |
23 | | from the issuance of such Bonds. The "Certified Annual Debt |
24 | | Service Requirement" for any fiscal year shall be an amount |
25 | | equal to (a) the aggregate amount of principal, interest and |
26 | | premium, if any, payable on outstanding Bonds during such |
|
| | 10300HB4582sam001 | - 38 - | LRB103 35517 JDS 74233 a |
|
|
1 | | fiscal year plus (b) the amount required to be deposited into |
2 | | any reserve fund securing such Bonds or for the purpose of |
3 | | retiring or defeasing such Bonds plus (c) the amount of any |
4 | | deficiencies in required transfers of amounts described in |
5 | | clauses (a) and (b) for any prior fiscal year, minus (d) the |
6 | | amount, if any, of such interest to be paid from Bond proceeds |
7 | | on deposit under any indenture; provided, however, that |
8 | | interest payable on Variable Rate Bonds shall be calculated at |
9 | | the maximum rate of interest which may be payable during such |
10 | | fiscal year after taking into account any credits permitted in |
11 | | the related indenture against the amount of such interest |
12 | | required to be appropriated for such period pursuant to |
13 | | subsection (c) of Section 11 of this Act. |
14 | | In each month during fiscal years 1986 through 1993, the |
15 | | State Treasurer and Comptroller shall transfer, on the last |
16 | | day of such month, from the Build Illinois Bond Account to the |
17 | | Build Illinois Bond Retirement and Interest Fund and shall |
18 | | make payment from the Build Illinois Bond Retirement and |
19 | | Interest Fund to the trustee under the Master Indenture of an |
20 | | amount equal to 1/12 of 150% of the amount set forth below for |
21 | | each such fiscal year, plus any cumulative deficiency in such |
22 | | transfers and payments for prior months; provided that such |
23 | | transfers shall commence in October, 1985 and such amounts for |
24 | | fiscal year 1986 shall equal 1/9 of 150% of the amount set |
25 | | forth below for such fiscal year: |
|
|
| | 10300HB4582sam001 | - 39 - | LRB103 35517 JDS 74233 a |
|
|
1 | | 1986 | $15,000,000 | |
2 | | 1987 | $25,000,000 | |
3 | | 1988 | $40,000,000 | |
4 | | 1989 | $54,000,000 | |
5 | | 1990 | $85,400,000 | |
6 | | 1991 | $133,600,000 | |
7 | | 1992 | $164,400,000 | |
8 | | 1993 | $188,900,000 |
|
9 | | provided that payments of such amounts from the Build Illinois |
10 | | Bond Retirement and Interest Fund to the trustee under the |
11 | | Master Indenture shall commence on the last day of the month in |
12 | | which Bonds are initially issued under this Act; and, further |
13 | | provided, that the first such payment to said trustee shall |
14 | | equal the entire amount then on deposit in the Build Illinois |
15 | | Bond Retirement and Interest Fund; and, further provided, that |
16 | | the aggregate amount of transfers and payments for any such |
17 | | fiscal year shall not exceed the amount set forth above for |
18 | | such fiscal year. |
19 | | In each month in which Bonds are outstanding during fiscal |
20 | | year 1994 and each fiscal year thereafter, the State Treasurer |
21 | | and Comptroller shall transfer, on the last day of such month, |
22 | | (i) with respect to Bonds constituting bonds issued pursuant |
23 | | to the bond authorization under this Act enacted pursuant to |
24 | | Public Act 96-36 and this amendatory Act of the 103rd General |
25 | | Assembly this amendatory Act of the 96th General Assembly (and |
26 | | any refunding Bonds issued to refund such Bonds), first from |
|
| | 10300HB4582sam001 | - 40 - | LRB103 35517 JDS 74233 a |
|
|
1 | | the Capital Projects Fund and second, if needed, from the |
2 | | Build Illinois Bond Account and (ii) with respect to all other |
3 | | Bonds not described in clause (i), from the Build Illinois |
4 | | Bond Account, in each case, to the Build Illinois Bond |
5 | | Retirement and Interest Fund and shall make payment from the |
6 | | Build Illinois Bond Retirement and Interest Fund to the |
7 | | trustee under the Master Indenture of an amount equal to the |
8 | | greater of (a) 1/12th of 150% of the Certified Annual Debt |
9 | | Service Requirement or (b) the Tax Act Amount (as defined in |
10 | | Section 3 of the "Retailers' Occupation Tax Act", as amended) |
11 | | deposited in the Build Illinois Bond Account during such |
12 | | month, plus any cumulative deficiency in such transfers and |
13 | | payments for prior months; provided that such transfers and |
14 | | payments for any such fiscal year shall not exceed the greater |
15 | | of (a) the Certified Annual Debt Service Requirement or (b) |
16 | | the Tax Act Amount. |
17 | | (Source: P.A. 96-36, eff. 7-13-09 .) |
18 | | Article 20. |
19 | | Section 20-5. The Illinois Housing Development Act is |
20 | | amended by changing Section 22 as follows: |
21 | | (20 ILCS 3805/22) (from Ch. 67 1/2, par. 322) |
22 | | Sec. 22. (a) The Authority shall not have outstanding at |
23 | | any one time bonds and notes for any of its corporate purposes |
|
| | 10300HB4582sam001 | - 41 - | LRB103 35517 JDS 74233 a |
|
|
1 | | in an aggregate principal amount exceeding $11,500,000,000 |
2 | | $7,200,000,000 , excluding bonds and notes issued to refund |
3 | | outstanding bonds and notes. |
4 | | (b) Of the authorized aggregate principal amount of |
5 | | $11,500,000,000 $7,200,000,000 provided for by this Section, |
6 | | the amount of $150,000,000 shall be used for the purposes |
7 | | specified in Sections 7.23 and 7.24 of this Act. |
8 | | (c) Of the $1,000,000,000 authorized by this amendatory |
9 | | Act of 1985, an amount not less than $100,000,000 shall be |
10 | | reserved for financing developments which involve the |
11 | | rehabilitation of dwelling accommodations, subject to the |
12 | | occupancy reservation of low or moderate income persons or |
13 | | families as provided in this Act. |
14 | | (Source: P.A. 102-175, eff. 7-29-21.) |
15 | | Article 25. |
16 | | Section 25-5. The Local Government Debt Reform Act is |
17 | | amended by changing Sections 10, 16, and 17 as follows: |
18 | | (30 ILCS 350/10) (from Ch. 17, par. 6910) |
19 | | Sec. 10. General provisions. Bonds authorized by |
20 | | applicable law may be issued in one or more series, bear such |
21 | | date or dates, become due at such time or times within 40 |
22 | | years, except as expressly limited by applicable law, provided |
23 | | that notwithstanding any such express limitation bonds issued |
|
| | 10300HB4582sam001 | - 42 - | LRB103 35517 JDS 74233 a |
|
|
1 | | by any school district, Lockport High School, Township High |
2 | | School District 113, South Suburban Community College District |
3 | | No. 510, Elgin Community College District No. 509, or |
4 | | Kishwaukee Community College District No. 523 for the purpose |
5 | | of purchasing, constructing, or improving real or personal |
6 | | property , including bonds issued pursuant to Sections 17-2.11 |
7 | | of the School Code, bonds issued to increase the working cash |
8 | | fund of the district, and bonds issued to pay or paying claims |
9 | | against the any such district incurred for the purpose of |
10 | | purchasing, constructing, or improving real or personal |
11 | | property , and any bonds issued to refund or continue to refund |
12 | | those bonds, may become due within 30 25 years, bear interest |
13 | | payable at such intervals and at such rate or rates as |
14 | | authorized under applicable law, which rates may be fixed or |
15 | | variable, be in such denominations, be in such form, either |
16 | | coupon, registered or book-entry, carry such conversion, |
17 | | registration, and exchange privileges, be subject to |
18 | | defeasance upon such terms, have such rank or priority, be |
19 | | executed in such manner, be payable in such medium of payment |
20 | | at such place or places within or without the State of |
21 | | Illinois, make provision for a corporate trustee within or |
22 | | without the State with respect to such bonds, prescribe the |
23 | | rights, powers and duties thereof to be exercised for the |
24 | | benefit of the governmental unit and the protection of the |
25 | | bondholders, provide for the holding in trust, investment and |
26 | | use of moneys, funds and accounts held under an ordinance, |
|
| | 10300HB4582sam001 | - 43 - | LRB103 35517 JDS 74233 a |
|
|
1 | | provide for assignment of and direct payment of the moneys to |
2 | | pay such bonds or to be deposited into such funds or accounts |
3 | | directly to such trustee, be subject to such terms of |
4 | | redemption with or without premium, and be sold in such manner |
5 | | at private or public sale and at such price, all as the |
6 | | governing body shall determine. Whenever such bonds are sold |
7 | | at price less than par, they shall be sold at such price and |
8 | | bear interest at such rate or rates such that either the true |
9 | | interest cost (yield) or the net interest rate, as may be |
10 | | selected by the governing body, received upon the sale of such |
11 | | bonds does not exceed the maximum rate otherwise authorized by |
12 | | applicable law. Except for an ordinance required to be |
13 | | published by applicable law in connection with a backdoor |
14 | | referendum, any bond ordinance adopted by a governing body |
15 | | under applicable law shall, in all instances, become effective |
16 | | immediately without publication or posting or any further act |
17 | | or requirement. |
18 | | (Source: P.A. 97-615, eff. 8-26-11; 98-36, eff. 6-28-13.) |
19 | | (30 ILCS 350/16) (from Ch. 17, par. 6916) |
20 | | Sec. 16. Levy for bonds. |
21 | | (a) A governmental unit may levy a tax for the payment of |
22 | | principal of and interest on general obligation bonds or |
23 | | limited bonds at any time prior to March 1 of the calendar year |
24 | | during which the tax will be collected. The county clerk shall |
25 | | accept the filing of the ordinance levying such tax |
|
| | 10300HB4582sam001 | - 44 - | LRB103 35517 JDS 74233 a |
|
|
1 | | notwithstanding that such time is subsequent to the end of the |
2 | | calendar year next preceding the calendar year during which |
3 | | such tax will be collected. |
4 | | (b) The county clerk shall accept the electronic filing of |
5 | | any ordinance under subsection (a) and any certificate abating |
6 | | taxes levied by an ordinance under subsection (a) . If a |
7 | | governmental unit electronically files an ordinance under |
8 | | subsection (a) or a certificate abating taxes levied by an |
9 | | ordinance under subsection (a) electronically , then the |
10 | | governmental unit shall maintain an original signed copy of |
11 | | the ordinance as long as the general obligation bonds or |
12 | | limited bonds remain outstanding. |
13 | | (c) In extending taxes for general obligation bonds, the |
14 | | county clerk shall add to the levy for debt service on such |
15 | | bonds an amount sufficient, in view of all losses and |
16 | | delinquencies in tax collection, to produce tax receipts |
17 | | adequate for the prompt payment of such debt service. |
18 | | (Source: P.A. 103-137, eff. 6-30-23.) |
19 | | (30 ILCS 350/17) (from Ch. 17, par. 6917) |
20 | | Sec. 17. Leases and installment contracts. |
21 | | (a) Interest not debt; debt on leases and installment |
22 | | contracts. Interest on bonds shall not be included in any |
23 | | computation of indebtedness of a governmental unit for the |
24 | | purpose of any statutory provision or limitation. For bonds |
25 | | consisting of leases and installment or financing contracts, |
|
| | 10300HB4582sam001 | - 45 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (1) that portion of payments made by a governmental unit under |
2 | | the terms of a bond designated as interest in the bond or the |
3 | | ordinance authorizing such bond shall be treated as interest |
4 | | for purposes of this Section (2) where portions of payments |
5 | | due under the terms of a bond have not been designated as |
6 | | interest in the bond or the ordinance authorizing such bond, |
7 | | and all or a portion of such payments is to be used for the |
8 | | payment of principal of and interest on other bonds of the |
9 | | governmental unit or bonds issued by another unit of local |
10 | | government, such as a public building commission, the payments |
11 | | equal to interest due on such corresponding bonds shall be |
12 | | treated as interest for purposes of this Section and (3) where |
13 | | portions of payments due under the terms of a bond have not |
14 | | been designated as interest in the bond or ordinance |
15 | | authorizing such bond and no portion of any such payment is to |
16 | | be used for the payment of principal of and interest on other |
17 | | bonds of the governmental unit or another unit of local |
18 | | government, a portion of each payment due under the terms of |
19 | | such bond shall be treated as interest for purposes of this |
20 | | Section; such portion shall be equal in amount to the interest |
21 | | that would have been paid on a notional obligation of the |
22 | | governmental unit (bearing interest at the highest rate |
23 | | permitted by law for bonds of the governmental unit at the time |
24 | | the bond was issued or, if no such limit existed, 12%) on which |
25 | | the payments of principal and interest were due at the same |
26 | | times and in the same amounts as payments are due under the |
|
| | 10300HB4582sam001 | - 46 - | LRB103 35517 JDS 74233 a |
|
|
1 | | terms of the bonds. The rule set forth in this Section shall be |
2 | | applicable to all interest no matter when earned or accrued or |
3 | | at what interval paid, and whether or not a bond bears interest |
4 | | which compounds at certain intervals. For purposes of bonds |
5 | | sold at amounts less than 95% of their stated value at |
6 | | maturity, interest for purposes of this Section includes the |
7 | | difference between the amount set forth on the face of the bond |
8 | | as the original principal amount and the bond's stated value |
9 | | at maturity. |
10 | | This subsection may be made applicable to bonds issued |
11 | | prior to the effective date of this Act by passage of an |
12 | | ordinance to such effect by the governing body of a |
13 | | governmental unit. |
14 | | (b) Purchase or lease of property. The governing body of |
15 | | each governmental unit may purchase or lease either real or |
16 | | personal property, including investments, investment |
17 | | agreements, or investment services, through agreements that |
18 | | provide that the consideration for the purchase or lease may |
19 | | be paid through installments made at stated intervals for a |
20 | | period of no more than 20 years or another period of time |
21 | | authorized by law, whichever is greater; provided, however, |
22 | | that investments, investment agreements, or investment |
23 | | services purchased in connection with a bond issue may be paid |
24 | | through installments made at stated intervals for a period of |
25 | | time not in excess of the maximum term of such bond issue. Each |
26 | | governmental unit may issue certificates evidencing the |
|
| | 10300HB4582sam001 | - 47 - | LRB103 35517 JDS 74233 a |
|
|
1 | | indebtedness incurred under the lease or agreement. The |
2 | | governing body may provide for the treasurer, comptroller, |
3 | | finance officer, or other officer of the governing body |
4 | | charged with financial administration to act as counter-party |
5 | | to any such lease or agreement, as nominee lessor or seller. |
6 | | When the lease or agreement is executed by the officer of the |
7 | | governmental unit authorized by the governing body to bind the |
8 | | governmental unit thereon by the execution thereof and is |
9 | | filed with and executed by the nominee lessor or seller, the |
10 | | lease or agreement shall be sufficiently executed so as to |
11 | | permit the governmental unit to issue certificates evidencing |
12 | | the indebtedness incurred under the lease or agreement. The |
13 | | certificates shall be valid whether or not an appropriation |
14 | | with respect thereto is included in any annual or supplemental |
15 | | budget adopted by the governmental unit. From time to time, as |
16 | | the governing body executes contracts for the purpose of |
17 | | acquiring and constructing the services or real or personal |
18 | | property that is a part of the subject of the lease or |
19 | | agreement, including financial, legal, architectural, and |
20 | | engineering services related to the lease or agreement, the |
21 | | governing body shall order the contracts shall be filed with |
22 | | the its nominee officer, and that officer shall identify the |
23 | | contracts to the lease or agreement; that identification shall |
24 | | permit the payment of the contract from the proceeds of the |
25 | | certificates; and the nominee officer shall duly apply or |
26 | | cause to be applied proceeds of the certificates to the |
|
| | 10300HB4582sam001 | - 48 - | LRB103 35517 JDS 74233 a |
|
|
1 | | payment of the contracts. The governing body of each |
2 | | governmental unit may sell, lease, convey, and reacquire |
3 | | either real or personal property, or any interest in real or |
4 | | personal property, upon any terms and conditions and in any |
5 | | manner, as the governing body shall determine, if the |
6 | | governmental unit will lease, acquire by purchase agreement, |
7 | | or otherwise reacquire the property, as authorized by this |
8 | | subsection or any other applicable law. |
9 | | All indebtedness incurred under this subsection, when |
10 | | aggregated with the existing indebtedness of the governmental |
11 | | unit, may not exceed the debt limits provided by applicable |
12 | | law. |
13 | | (Source: P.A. 91-493, eff. 8-13-99; 91-868, eff. 6-22-00; |
14 | | 92-879, eff. 1-13-03.) |
15 | | Section 25-10. The Property Tax Code is amended by |
16 | | changing Section 18-185 as follows: |
17 | | (35 ILCS 200/18-185) |
18 | | Sec. 18-185. Short title; definitions. This Division 5 |
19 | | may be cited as the Property Tax Extension Limitation Law. As |
20 | | used in this Division 5: |
21 | | "Consumer Price Index" means the Consumer Price Index for |
22 | | All Urban Consumers for all items published by the United |
23 | | States Department of Labor. |
24 | | "Extension limitation" means (a) the lesser of 5% or the |
|
| | 10300HB4582sam001 | - 49 - | LRB103 35517 JDS 74233 a |
|
|
1 | | percentage increase in the Consumer Price Index during the |
2 | | 12-month calendar year preceding the levy year or (b) the rate |
3 | | of increase approved by voters under Section 18-205. |
4 | | "Affected county" means a county of 3,000,000 or more |
5 | | inhabitants or a county contiguous to a county of 3,000,000 or |
6 | | more inhabitants. |
7 | | "Taxing district" has the same meaning provided in Section |
8 | | 1-150, except as otherwise provided in this Section. For the |
9 | | 1991 through 1994 levy years only, "taxing district" includes |
10 | | only each non-home rule taxing district having the majority of |
11 | | its 1990 equalized assessed value within any county or |
12 | | counties contiguous to a county with 3,000,000 or more |
13 | | inhabitants. Beginning with the 1995 levy year, "taxing |
14 | | district" includes only each non-home rule taxing district |
15 | | subject to this Law before the 1995 levy year and each non-home |
16 | | rule taxing district not subject to this Law before the 1995 |
17 | | levy year having the majority of its 1994 equalized assessed |
18 | | value in an affected county or counties. Beginning with the |
19 | | levy year in which this Law becomes applicable to a taxing |
20 | | district as provided in Section 18-213, "taxing district" also |
21 | | includes those taxing districts made subject to this Law as |
22 | | provided in Section 18-213. |
23 | | "Aggregate extension" for taxing districts to which this |
24 | | Law applied before the 1995 levy year means the annual |
25 | | corporate extension for the taxing district and those special |
26 | | purpose extensions that are made annually for the taxing |
|
| | 10300HB4582sam001 | - 50 - | LRB103 35517 JDS 74233 a |
|
|
1 | | district, excluding special purpose extensions: (a) made for |
2 | | the taxing district to pay interest or principal on general |
3 | | obligation bonds that were approved by referendum; (b) made |
4 | | for any taxing district to pay interest or principal on |
5 | | general obligation bonds issued before October 1, 1991; (c) |
6 | | made for any taxing district to pay interest or principal on |
7 | | bonds issued to refund or continue to refund those bonds |
8 | | issued before October 1, 1991; (d) made for any taxing |
9 | | district to pay interest or principal on bonds issued to |
10 | | refund or continue to refund bonds issued after October 1, |
11 | | 1991 that were approved by referendum; (e) made for any taxing |
12 | | district to pay interest or principal on revenue bonds issued |
13 | | before October 1, 1991 for payment of which a property tax levy |
14 | | or the full faith and credit of the unit of local government is |
15 | | pledged; however, a tax for the payment of interest or |
16 | | principal on those bonds shall be made only after the |
17 | | governing body of the unit of local government finds that all |
18 | | other sources for payment are insufficient to make those |
19 | | payments; (f) made for payments under a building commission |
20 | | lease when the lease payments are for the retirement of bonds |
21 | | issued by the commission before October 1, 1991, to pay for the |
22 | | building project; (g) made for payments due under installment |
23 | | contracts entered into before October 1, 1991; (h) made for |
24 | | payments of principal and interest on bonds issued under the |
25 | | Metropolitan Water Reclamation District Act to finance |
26 | | construction projects initiated before October 1, 1991; (i) |
|
| | 10300HB4582sam001 | - 51 - | LRB103 35517 JDS 74233 a |
|
|
1 | | made for payments of principal and interest on limited bonds, |
2 | | as defined in Section 3 of the Local Government Debt Reform |
3 | | Act, in an amount not to exceed the debt service extension base |
4 | | less the amount in items (b), (c), (e), and (h) of this |
5 | | definition for non-referendum obligations, except obligations |
6 | | initially issued pursuant to referendum; (j) made for payments |
7 | | of principal and interest on bonds issued under Section 15 of |
8 | | the Local Government Debt Reform Act; (k) made by a school |
9 | | district that participates in the Special Education District |
10 | | of Lake County, created by special education joint agreement |
11 | | under Section 10-22.31 of the School Code, for payment of the |
12 | | school district's share of the amounts required to be |
13 | | contributed by the Special Education District of Lake County |
14 | | to the Illinois Municipal Retirement Fund under Article 7 of |
15 | | the Illinois Pension Code; the amount of any extension under |
16 | | this item (k) shall be certified by the school district to the |
17 | | county clerk; (l) made to fund expenses of providing joint |
18 | | recreational programs for persons with disabilities under |
19 | | Section 5-8 of the Park District Code or Section 11-95-14 of |
20 | | the Illinois Municipal Code; (m) made for temporary relocation |
21 | | loan repayment purposes pursuant to Sections 2-3.77 and |
22 | | 17-2.2d of the School Code; (n) made for payment of principal |
23 | | and interest on any bonds issued under the authority of |
24 | | Section 17-2.2d of the School Code; (o) made for contributions |
25 | | to a firefighter's pension fund created under Article 4 of the |
26 | | Illinois Pension Code, to the extent of the amount certified |
|
| | 10300HB4582sam001 | - 52 - | LRB103 35517 JDS 74233 a |
|
|
1 | | under item (5) of Section 4-134 of the Illinois Pension Code; |
2 | | and (p) made for road purposes in the first year after a |
3 | | township assumes the rights, powers, duties, assets, property, |
4 | | liabilities, obligations, and responsibilities of a road |
5 | | district abolished under the provisions of Section 6-133 of |
6 | | the Illinois Highway Code ; and (q) made for the payment of |
7 | | principal and interest on any bonds issued under the authority |
8 | | of Section 17-2.11 of the School Code or to refund or continue |
9 | | to refund those bonds . |
10 | | "Aggregate extension" for the taxing districts to which |
11 | | this Law did not apply before the 1995 levy year (except taxing |
12 | | districts subject to this Law in accordance with Section |
13 | | 18-213) means the annual corporate extension for the taxing |
14 | | district and those special purpose extensions that are made |
15 | | annually for the taxing district, excluding special purpose |
16 | | extensions: (a) made for the taxing district to pay interest |
17 | | or principal on general obligation bonds that were approved by |
18 | | referendum; (b) made for any taxing district to pay interest |
19 | | or principal on general obligation bonds issued before March |
20 | | 1, 1995; (c) made for any taxing district to pay interest or |
21 | | principal on bonds issued to refund or continue to refund |
22 | | those bonds issued before March 1, 1995; (d) made for any |
23 | | taxing district to pay interest or principal on bonds issued |
24 | | to refund or continue to refund bonds issued after March 1, |
25 | | 1995 that were approved by referendum; (e) made for any taxing |
26 | | district to pay interest or principal on revenue bonds issued |
|
| | 10300HB4582sam001 | - 53 - | LRB103 35517 JDS 74233 a |
|
|
1 | | before March 1, 1995 for payment of which a property tax levy |
2 | | or the full faith and credit of the unit of local government is |
3 | | pledged; however, a tax for the payment of interest or |
4 | | principal on those bonds shall be made only after the |
5 | | governing body of the unit of local government finds that all |
6 | | other sources for payment are insufficient to make those |
7 | | payments; (f) made for payments under a building commission |
8 | | lease when the lease payments are for the retirement of bonds |
9 | | issued by the commission before March 1, 1995 to pay for the |
10 | | building project; (g) made for payments due under installment |
11 | | contracts entered into before March 1, 1995; (h) made for |
12 | | payments of principal and interest on bonds issued under the |
13 | | Metropolitan Water Reclamation District Act to finance |
14 | | construction projects initiated before October 1, 1991; (h-4) |
15 | | made for stormwater management purposes by the Metropolitan |
16 | | Water Reclamation District of Greater Chicago under Section 12 |
17 | | of the Metropolitan Water Reclamation District Act; (h-8) made |
18 | | for payments of principal and interest on bonds issued under |
19 | | Section 9.6a of the Metropolitan Water Reclamation District |
20 | | Act to make contributions to the pension fund established |
21 | | under Article 13 of the Illinois Pension Code; (i) made for |
22 | | payments of principal and interest on limited bonds, as |
23 | | defined in Section 3 of the Local Government Debt Reform Act, |
24 | | in an amount not to exceed the debt service extension base less |
25 | | the amount in items (b), (c), and (e) of this definition for |
26 | | non-referendum obligations, except obligations initially |
|
| | 10300HB4582sam001 | - 54 - | LRB103 35517 JDS 74233 a |
|
|
1 | | issued pursuant to referendum and bonds described in |
2 | | subsections (h) and (h-8) of this definition; (j) made for |
3 | | payments of principal and interest on bonds issued under |
4 | | Section 15 of the Local Government Debt Reform Act; (k) made |
5 | | for payments of principal and interest on bonds authorized by |
6 | | Public Act 88-503 and issued under Section 20a of the Chicago |
7 | | Park District Act for aquarium or museum projects and bonds |
8 | | issued under Section 20a of the Chicago Park District Act for |
9 | | the purpose of making contributions to the pension fund |
10 | | established under Article 12 of the Illinois Pension Code; (l) |
11 | | made for payments of principal and interest on bonds |
12 | | authorized by Public Act 87-1191 or 93-601 and (i) issued |
13 | | pursuant to Section 21.2 of the Cook County Forest Preserve |
14 | | District Act, (ii) issued under Section 42 of the Cook County |
15 | | Forest Preserve District Act for zoological park projects, or |
16 | | (iii) issued under Section 44.1 of the Cook County Forest |
17 | | Preserve District Act for botanical gardens projects; (m) made |
18 | | pursuant to Section 34-53.5 of the School Code, whether levied |
19 | | annually or not; (n) made to fund expenses of providing joint |
20 | | recreational programs for persons with disabilities under |
21 | | Section 5-8 of the Park District Code or Section 11-95-14 of |
22 | | the Illinois Municipal Code; (o) made by the Chicago Park |
23 | | District for recreational programs for persons with |
24 | | disabilities under subsection (c) of Section 7.06 of the |
25 | | Chicago Park District Act; (p) made for contributions to a |
26 | | firefighter's pension fund created under Article 4 of the |
|
| | 10300HB4582sam001 | - 55 - | LRB103 35517 JDS 74233 a |
|
|
1 | | Illinois Pension Code, to the extent of the amount certified |
2 | | under item (5) of Section 4-134 of the Illinois Pension Code; |
3 | | (q) made by Ford Heights School District 169 under Section |
4 | | 17-9.02 of the School Code; and (r) made for the purpose of |
5 | | making employer contributions to the Public School Teachers' |
6 | | Pension and Retirement Fund of Chicago under Section 34-53 of |
7 | | the School Code ; and (s) made for the payment of principal and |
8 | | interest on any bonds issued under the authority of Section |
9 | | 17-2.11 of the School Code or to refund or continue to refund |
10 | | those bonds . |
11 | | "Aggregate extension" for all taxing districts to which |
12 | | this Law applies in accordance with Section 18-213, except for |
13 | | those taxing districts subject to paragraph (2) of subsection |
14 | | (e) of Section 18-213, means the annual corporate extension |
15 | | for the taxing district and those special purpose extensions |
16 | | that are made annually for the taxing district, excluding |
17 | | special purpose extensions: (a) made for the taxing district |
18 | | to pay interest or principal on general obligation bonds that |
19 | | were approved by referendum; (b) made for any taxing district |
20 | | to pay interest or principal on general obligation bonds |
21 | | issued before the date on which the referendum making this Law |
22 | | applicable to the taxing district is held; (c) made for any |
23 | | taxing district to pay interest or principal on bonds issued |
24 | | to refund or continue to refund those bonds issued before the |
25 | | date on which the referendum making this Law applicable to the |
26 | | taxing district is held; (d) made for any taxing district to |
|
| | 10300HB4582sam001 | - 56 - | LRB103 35517 JDS 74233 a |
|
|
1 | | pay interest or principal on bonds issued to refund or |
2 | | continue to refund bonds issued after the date on which the |
3 | | referendum making this Law applicable to the taxing district |
4 | | is held if the bonds were approved by referendum after the date |
5 | | on which the referendum making this Law applicable to the |
6 | | taxing district is held; (e) made for any taxing district to |
7 | | pay interest or principal on revenue bonds issued before the |
8 | | date on which the referendum making this Law applicable to the |
9 | | taxing district is held for payment of which a property tax |
10 | | levy or the full faith and credit of the unit of local |
11 | | government is pledged; however, a tax for the payment of |
12 | | interest or principal on those bonds shall be made only after |
13 | | the governing body of the unit of local government finds that |
14 | | all other sources for payment are insufficient to make those |
15 | | payments; (f) made for payments under a building commission |
16 | | lease when the lease payments are for the retirement of bonds |
17 | | issued by the commission before the date on which the |
18 | | referendum making this Law applicable to the taxing district |
19 | | is held to pay for the building project; (g) made for payments |
20 | | due under installment contracts entered into before the date |
21 | | on which the referendum making this Law applicable to the |
22 | | taxing district is held; (h) made for payments of principal |
23 | | and interest on limited bonds, as defined in Section 3 of the |
24 | | Local Government Debt Reform Act, in an amount not to exceed |
25 | | the debt service extension base less the amount in items (b), |
26 | | (c), and (e) of this definition for non-referendum |
|
| | 10300HB4582sam001 | - 57 - | LRB103 35517 JDS 74233 a |
|
|
1 | | obligations, except obligations initially issued pursuant to |
2 | | referendum; (i) made for payments of principal and interest on |
3 | | bonds issued under Section 15 of the Local Government Debt |
4 | | Reform Act; (j) made for a qualified airport authority to pay |
5 | | interest or principal on general obligation bonds issued for |
6 | | the purpose of paying obligations due under, or financing |
7 | | airport facilities required to be acquired, constructed, |
8 | | installed or equipped pursuant to, contracts entered into |
9 | | before March 1, 1996 (but not including any amendments to such |
10 | | a contract taking effect on or after that date); (k) made to |
11 | | fund expenses of providing joint recreational programs for |
12 | | persons with disabilities under Section 5-8 of the Park |
13 | | District Code or Section 11-95-14 of the Illinois Municipal |
14 | | Code; (l) made for contributions to a firefighter's pension |
15 | | fund created under Article 4 of the Illinois Pension Code, to |
16 | | the extent of the amount certified under item (5) of Section |
17 | | 4-134 of the Illinois Pension Code; and (m) made for the taxing |
18 | | district to pay interest or principal on general obligation |
19 | | bonds issued pursuant to Section 19-3.10 of the School Code ; |
20 | | and (n) made for the payment of principal and interest on any |
21 | | bonds issued under the authority of Section 17-2.11 of the |
22 | | School Code or to refund or continue to refund those bonds . |
23 | | "Aggregate extension" for all taxing districts to which |
24 | | this Law applies in accordance with paragraph (2) of |
25 | | subsection (e) of Section 18-213 means the annual corporate |
26 | | extension for the taxing district and those special purpose |
|
| | 10300HB4582sam001 | - 58 - | LRB103 35517 JDS 74233 a |
|
|
1 | | extensions that are made annually for the taxing district, |
2 | | excluding special purpose extensions: (a) made for the taxing |
3 | | district to pay interest or principal on general obligation |
4 | | bonds that were approved by referendum; (b) made for any |
5 | | taxing district to pay interest or principal on general |
6 | | obligation bonds issued before March 7, 1997 (the effective |
7 | | date of Public Act 89-718); (c) made for any taxing district to |
8 | | pay interest or principal on bonds issued to refund or |
9 | | continue to refund those bonds issued before March 7, 1997 |
10 | | (the effective date of Public Act 89-718); (d) made for any |
11 | | taxing district to pay interest or principal on bonds issued |
12 | | to refund or continue to refund bonds issued after March 7, |
13 | | 1997 (the effective date of Public Act 89-718) if the bonds |
14 | | were approved by referendum after March 7, 1997 (the effective |
15 | | date of Public Act 89-718); (e) made for any taxing district to |
16 | | pay interest or principal on revenue bonds issued before March |
17 | | 7, 1997 (the effective date of Public Act 89-718) for payment |
18 | | of which a property tax levy or the full faith and credit of |
19 | | the unit of local government is pledged; however, a tax for the |
20 | | payment of interest or principal on those bonds shall be made |
21 | | only after the governing body of the unit of local government |
22 | | finds that all other sources for payment are insufficient to |
23 | | make those payments; (f) made for payments under a building |
24 | | commission lease when the lease payments are for the |
25 | | retirement of bonds issued by the commission before March 7, |
26 | | 1997 (the effective date of Public Act 89-718) to pay for the |
|
| | 10300HB4582sam001 | - 59 - | LRB103 35517 JDS 74233 a |
|
|
1 | | building project; (g) made for payments due under installment |
2 | | contracts entered into before March 7, 1997 (the effective |
3 | | date of Public Act 89-718); (h) made for payments of principal |
4 | | and interest on limited bonds, as defined in Section 3 of the |
5 | | Local Government Debt Reform Act, in an amount not to exceed |
6 | | the debt service extension base less the amount in items (b), |
7 | | (c), and (e) of this definition for non-referendum |
8 | | obligations, except obligations initially issued pursuant to |
9 | | referendum; (i) made for payments of principal and interest on |
10 | | bonds issued under Section 15 of the Local Government Debt |
11 | | Reform Act; (j) made for a qualified airport authority to pay |
12 | | interest or principal on general obligation bonds issued for |
13 | | the purpose of paying obligations due under, or financing |
14 | | airport facilities required to be acquired, constructed, |
15 | | installed or equipped pursuant to, contracts entered into |
16 | | before March 1, 1996 (but not including any amendments to such |
17 | | a contract taking effect on or after that date); (k) made to |
18 | | fund expenses of providing joint recreational programs for |
19 | | persons with disabilities under Section 5-8 of the Park |
20 | | District Code or Section 11-95-14 of the Illinois Municipal |
21 | | Code; and (l) made for contributions to a firefighter's |
22 | | pension fund created under Article 4 of the Illinois Pension |
23 | | Code, to the extent of the amount certified under item (5) of |
24 | | Section 4-134 of the Illinois Pension Code ; and (m) made for |
25 | | the payment of principal and interest on any bonds issued |
26 | | under the authority of Section 17-2.11 of the School Code or to |
|
| | 10300HB4582sam001 | - 60 - | LRB103 35517 JDS 74233 a |
|
|
1 | | refund or continue to refund those bonds . |
2 | | "Debt service extension base" means an amount equal to |
3 | | that portion of the extension for a taxing district for the |
4 | | 1994 levy year, or for those taxing districts subject to this |
5 | | Law in accordance with Section 18-213, except for those |
6 | | subject to paragraph (2) of subsection (e) of Section 18-213, |
7 | | for the levy year in which the referendum making this Law |
8 | | applicable to the taxing district is held, or for those taxing |
9 | | districts subject to this Law in accordance with paragraph (2) |
10 | | of subsection (e) of Section 18-213 for the 1996 levy year, |
11 | | constituting an extension for payment of principal and |
12 | | interest on bonds issued by the taxing district without |
13 | | referendum, but not including excluded non-referendum bonds. |
14 | | For park districts (i) that were first subject to this Law in |
15 | | 1991 or 1995 and (ii) whose extension for the 1994 levy year |
16 | | for the payment of principal and interest on bonds issued by |
17 | | the park district without referendum (but not including |
18 | | excluded non-referendum bonds) was less than 51% of the amount |
19 | | for the 1991 levy year constituting an extension for payment |
20 | | of principal and interest on bonds issued by the park district |
21 | | without referendum (but not including excluded non-referendum |
22 | | bonds), "debt service extension base" means an amount equal to |
23 | | that portion of the extension for the 1991 levy year |
24 | | constituting an extension for payment of principal and |
25 | | interest on bonds issued by the park district without |
26 | | referendum (but not including excluded non-referendum bonds). |
|
| | 10300HB4582sam001 | - 61 - | LRB103 35517 JDS 74233 a |
|
|
1 | | A debt service extension base established or increased at any |
2 | | time pursuant to any provision of this Law, except Section |
3 | | 18-212, shall be increased each year commencing with the later |
4 | | of (i) the 2009 levy year or (ii) the first levy year in which |
5 | | this Law becomes applicable to the taxing district, by the |
6 | | lesser of 5% or the percentage increase in the Consumer Price |
7 | | Index during the 12-month calendar year preceding the levy |
8 | | year. The debt service extension base may be established or |
9 | | increased as provided under Section 18-212. "Excluded |
10 | | non-referendum bonds" means (i) bonds authorized by Public Act |
11 | | 88-503 and issued under Section 20a of the Chicago Park |
12 | | District Act for aquarium and museum projects; (ii) bonds |
13 | | issued under Section 15 of the Local Government Debt Reform |
14 | | Act; or (iii) refunding obligations issued to refund or to |
15 | | continue to refund obligations initially issued pursuant to |
16 | | referendum. |
17 | | "Special purpose extensions" include, but are not limited |
18 | | to, extensions for levies made on an annual basis for |
19 | | unemployment and workers' compensation, self-insurance, |
20 | | contributions to pension plans, and extensions made pursuant |
21 | | to Section 6-601 of the Illinois Highway Code for a road |
22 | | district's permanent road fund whether levied annually or not. |
23 | | The extension for a special service area is not included in the |
24 | | aggregate extension. |
25 | | "Aggregate extension base" means the taxing district's |
26 | | last preceding aggregate extension as adjusted under Sections |
|
| | 10300HB4582sam001 | - 62 - | LRB103 35517 JDS 74233 a |
|
|
1 | | 18-135, 18-215, 18-230, 18-206, and 18-233. Beginning with |
2 | | levy year 2022, for taxing districts that are specified in |
3 | | Section 18-190.7, the taxing district's aggregate extension |
4 | | base shall be calculated as provided in Section 18-190.7. An |
5 | | adjustment under Section 18-135 shall be made for the 2007 |
6 | | levy year and all subsequent levy years whenever one or more |
7 | | counties within which a taxing district is located (i) used |
8 | | estimated valuations or rates when extending taxes in the |
9 | | taxing district for the last preceding levy year that resulted |
10 | | in the over or under extension of taxes, or (ii) increased or |
11 | | decreased the tax extension for the last preceding levy year |
12 | | as required by Section 18-135(c). Whenever an adjustment is |
13 | | required under Section 18-135, the aggregate extension base of |
14 | | the taxing district shall be equal to the amount that the |
15 | | aggregate extension of the taxing district would have been for |
16 | | the last preceding levy year if either or both (i) actual, |
17 | | rather than estimated, valuations or rates had been used to |
18 | | calculate the extension of taxes for the last levy year, or |
19 | | (ii) the tax extension for the last preceding levy year had not |
20 | | been adjusted as required by subsection (c) of Section 18-135. |
21 | | Notwithstanding any other provision of law, for levy year |
22 | | 2012, the aggregate extension base for West Northfield School |
23 | | District No. 31 in Cook County shall be $12,654,592. |
24 | | Notwithstanding any other provision of law, for levy year |
25 | | 2022, the aggregate extension base of a home equity assurance |
26 | | program that levied at least $1,000,000 in property taxes in |
|
| | 10300HB4582sam001 | - 63 - | LRB103 35517 JDS 74233 a |
|
|
1 | | levy year 2019 or 2020 under the Home Equity Assurance Act |
2 | | shall be the amount that the program's aggregate extension |
3 | | base for levy year 2021 would have been if the program had |
4 | | levied a property tax for levy year 2021. |
5 | | "Levy year" has the same meaning as "year" under Section |
6 | | 1-155. |
7 | | "New property" means (i) the assessed value, after final |
8 | | board of review or board of appeals action, of new |
9 | | improvements or additions to existing improvements on any |
10 | | parcel of real property that increase the assessed value of |
11 | | that real property during the levy year multiplied by the |
12 | | equalization factor issued by the Department under Section |
13 | | 17-30, (ii) the assessed value, after final board of review or |
14 | | board of appeals action, of real property not exempt from real |
15 | | estate taxation, which real property was exempt from real |
16 | | estate taxation for any portion of the immediately preceding |
17 | | levy year, multiplied by the equalization factor issued by the |
18 | | Department under Section 17-30, including the assessed value, |
19 | | upon final stabilization of occupancy after new construction |
20 | | is complete, of any real property located within the |
21 | | boundaries of an otherwise or previously exempt military |
22 | | reservation that is intended for residential use and owned by |
23 | | or leased to a private corporation or other entity, (iii) in |
24 | | counties that classify in accordance with Section 4 of Article |
25 | | IX of the Illinois Constitution, an incentive property's |
26 | | additional assessed value resulting from a scheduled increase |
|
| | 10300HB4582sam001 | - 64 - | LRB103 35517 JDS 74233 a |
|
|
1 | | in the level of assessment as applied to the first year final |
2 | | board of review market value, and (iv) any increase in |
3 | | assessed value due to oil or gas production from an oil or gas |
4 | | well required to be permitted under the Hydraulic Fracturing |
5 | | Regulatory Act that was not produced in or accounted for |
6 | | during the previous levy year. In addition, the county clerk |
7 | | in a county containing a population of 3,000,000 or more shall |
8 | | include in the 1997 recovered tax increment value for any |
9 | | school district, any recovered tax increment value that was |
10 | | applicable to the 1995 tax year calculations. |
11 | | "Qualified airport authority" means an airport authority |
12 | | organized under the Airport Authorities Act and located in a |
13 | | county bordering on the State of Wisconsin and having a |
14 | | population in excess of 200,000 and not greater than 500,000. |
15 | | "Recovered tax increment value" means, except as otherwise |
16 | | provided in this paragraph, the amount of the current year's |
17 | | equalized assessed value, in the first year after a |
18 | | municipality terminates the designation of an area as a |
19 | | redevelopment project area previously established under the |
20 | | Tax Increment Allocation Redevelopment Act in the Illinois |
21 | | Municipal Code, previously established under the Industrial |
22 | | Jobs Recovery Law in the Illinois Municipal Code, previously |
23 | | established under the Economic Development Project Area Tax |
24 | | Increment Act of 1995, or previously established under the |
25 | | Economic Development Area Tax Increment Allocation Act, of |
26 | | each taxable lot, block, tract, or parcel of real property in |
|
| | 10300HB4582sam001 | - 65 - | LRB103 35517 JDS 74233 a |
|
|
1 | | the redevelopment project area over and above the initial |
2 | | equalized assessed value of each property in the redevelopment |
3 | | project area. For the taxes which are extended for the 1997 |
4 | | levy year, the recovered tax increment value for a non-home |
5 | | rule taxing district that first became subject to this Law for |
6 | | the 1995 levy year because a majority of its 1994 equalized |
7 | | assessed value was in an affected county or counties shall be |
8 | | increased if a municipality terminated the designation of an |
9 | | area in 1993 as a redevelopment project area previously |
10 | | established under the Tax Increment Allocation Redevelopment |
11 | | Act in the Illinois Municipal Code, previously established |
12 | | under the Industrial Jobs Recovery Law in the Illinois |
13 | | Municipal Code, or previously established under the Economic |
14 | | Development Area Tax Increment Allocation Act, by an amount |
15 | | equal to the 1994 equalized assessed value of each taxable |
16 | | lot, block, tract, or parcel of real property in the |
17 | | redevelopment project area over and above the initial |
18 | | equalized assessed value of each property in the redevelopment |
19 | | project area. In the first year after a municipality removes a |
20 | | taxable lot, block, tract, or parcel of real property from a |
21 | | redevelopment project area established under the Tax Increment |
22 | | Allocation Redevelopment Act in the Illinois Municipal Code, |
23 | | the Industrial Jobs Recovery Law in the Illinois Municipal |
24 | | Code, or the Economic Development Area Tax Increment |
25 | | Allocation Act, "recovered tax increment value" means the |
26 | | amount of the current year's equalized assessed value of each |
|
| | 10300HB4582sam001 | - 66 - | LRB103 35517 JDS 74233 a |
|
|
1 | | taxable lot, block, tract, or parcel of real property removed |
2 | | from the redevelopment project area over and above the initial |
3 | | equalized assessed value of that real property before removal |
4 | | from the redevelopment project area. |
5 | | Except as otherwise provided in this Section, "limiting |
6 | | rate" means a fraction the numerator of which is the last |
7 | | preceding aggregate extension base times an amount equal to |
8 | | one plus the extension limitation defined in this Section and |
9 | | the denominator of which is the current year's equalized |
10 | | assessed value of all real property in the territory under the |
11 | | jurisdiction of the taxing district during the prior levy |
12 | | year. For those taxing districts that reduced their aggregate |
13 | | extension for the last preceding levy year, except for school |
14 | | districts that reduced their extension for educational |
15 | | purposes pursuant to Section 18-206, the highest aggregate |
16 | | extension in any of the last 3 preceding levy years shall be |
17 | | used for the purpose of computing the limiting rate. The |
18 | | denominator shall not include new property or the recovered |
19 | | tax increment value. If a new rate, a rate decrease, or a |
20 | | limiting rate increase has been approved at an election held |
21 | | after March 21, 2006, then (i) the otherwise applicable |
22 | | limiting rate shall be increased by the amount of the new rate |
23 | | or shall be reduced by the amount of the rate decrease, as the |
24 | | case may be, or (ii) in the case of a limiting rate increase, |
25 | | the limiting rate shall be equal to the rate set forth in the |
26 | | proposition approved by the voters for each of the years |
|
| | 10300HB4582sam001 | - 67 - | LRB103 35517 JDS 74233 a |
|
|
1 | | specified in the proposition, after which the limiting rate of |
2 | | the taxing district shall be calculated as otherwise provided. |
3 | | In the case of a taxing district that obtained referendum |
4 | | approval for an increased limiting rate on March 20, 2012, the |
5 | | limiting rate for tax year 2012 shall be the rate that |
6 | | generates the approximate total amount of taxes extendable for |
7 | | that tax year, as set forth in the proposition approved by the |
8 | | voters; this rate shall be the final rate applied by the county |
9 | | clerk for the aggregate of all capped funds of the district for |
10 | | tax year 2012. |
11 | | (Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21; |
12 | | 102-519, eff. 8-20-21; 102-558, eff. 8-20-21; 102-707, eff. |
13 | | 4-22-22; 102-813, eff. 5-13-22; 102-895, eff. 5-23-22; |
14 | | 103-154, eff. 6-30-23.) |
15 | | Section 25-15. The School Code is amended by changing |
16 | | Sections 10-22.36, 17-2.11, 19-1, and 20-2 as follows: |
17 | | (105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36) |
18 | | Sec. 10-22.36. Buildings for school purposes. |
19 | | (a) To build or purchase a building for school classroom |
20 | | or instructional purposes upon the approval of a majority of |
21 | | the voters upon the proposition at a referendum held for such |
22 | | purpose or in accordance with Section 17-2.11, 19-3.5, or |
23 | | 19-3.10. The board may initiate such referendum by resolution. |
24 | | The board shall certify the resolution and proposition to the |
|
| | 10300HB4582sam001 | - 68 - | LRB103 35517 JDS 74233 a |
|
|
1 | | proper election authority for submission in accordance with |
2 | | the general election law. |
3 | | The questions of building one or more new buildings for |
4 | | school purposes or office facilities, and issuing bonds for |
5 | | the purpose of borrowing money to purchase one or more |
6 | | buildings or sites for such buildings or office sites, to |
7 | | build one or more new buildings for school purposes or office |
8 | | facilities or to make additions and improvements to existing |
9 | | school buildings, may be combined into one or more |
10 | | propositions on the ballot. |
11 | | Before erecting, or purchasing or remodeling such a |
12 | | building the board shall submit the plans and specifications |
13 | | respecting heating, ventilating, lighting, seating, water |
14 | | supply, toilets and safety against fire to the regional |
15 | | superintendent of schools having supervision and control over |
16 | | the district, for approval in accordance with Section 2-3.12. |
17 | | Notwithstanding any of the foregoing, no referendum shall |
18 | | be required if the purchase, construction, or building of any |
19 | | such building (1) occurs while the building is being leased by |
20 | | the school district or (2) is paid with (A) funds derived from |
21 | | the sale or disposition of other buildings, land, or |
22 | | structures of the school district or (B) funds received (i) as |
23 | | a grant under the School Construction Law or (ii) as gifts or |
24 | | donations, provided that no funds to purchase, construct, or |
25 | | build such building, other than lease payments, are derived |
26 | | from the district's bonded indebtedness or the tax levy of the |
|
| | 10300HB4582sam001 | - 69 - | LRB103 35517 JDS 74233 a |
|
|
1 | | district. |
2 | | Notwithstanding any of the foregoing, no referendum shall |
3 | | be required if the purchase, construction, or building of any |
4 | | such building is paid with funds received from the County |
5 | | School Facility and Resources Occupation Tax Law under Section |
6 | | 5-1006.7 of the Counties Code or from the proceeds of bonds or |
7 | | other debt obligations secured by revenues obtained from that |
8 | | Law. |
9 | | Notwithstanding any of the foregoing, for Decatur School |
10 | | District Number 61, no referendum shall be required if at |
11 | | least 50% of the cost of the purchase, construction, or |
12 | | building of any such building is paid, or will be paid, with |
13 | | funds received or expected to be received as part of, or |
14 | | otherwise derived from, any COVID-19 pandemic relief program |
15 | | or funding source, including, but not limited to, Elementary |
16 | | and Secondary School Emergency Relief Fund grant proceeds. |
17 | | (b) Notwithstanding the provisions of subsection (a), for |
18 | | any school district: (i) that is a tier 1 school, (ii) that has |
19 | | a population of less than 50,000 inhabitants, (iii) whose |
20 | | student population is between 5,800 and 6,300, (iv) in which |
21 | | 57% to 62% of students are low-income, and (v) whose average |
22 | | district spending is between $10,000 to $12,000 per pupil, |
23 | | until July 1, 2025, no referendum shall be required if at least |
24 | | 50% of the cost of the purchase, construction, or building of |
25 | | any such building is paid, or will be paid, with funds received |
26 | | or expected to be received as part of, or otherwise derived |
|
| | 10300HB4582sam001 | - 70 - | LRB103 35517 JDS 74233 a |
|
|
1 | | from, the federal Consolidated Appropriations Act and the |
2 | | federal American Rescue Plan Act of 2021. |
3 | | For this subsection (b), the school board must hold at |
4 | | least 2 public hearings, the sole purpose of which shall be to |
5 | | discuss the decision to construct a school building and to |
6 | | receive input from the community. The notice of each public |
7 | | hearing that sets forth the time, date, place, and name or |
8 | | description of the school building that the school board is |
9 | | considering constructing must be provided at least 10 days |
10 | | prior to the hearing by publication on the school board's |
11 | | Internet website. |
12 | | (c) Notwithstanding the provisions of subsections |
13 | | subsection (a) and (b), for Cahokia Community Unit School |
14 | | District 187, no referendum shall be required for the lease of |
15 | | any building for school or educational purposes if the cost is |
16 | | paid or will be paid with funds available at the time of the |
17 | | lease in the district's existing fund balances to fund the |
18 | | lease of a building during the 2023-2024 or 2024-2025 school |
19 | | year. |
20 | | For the purposes of this subsection (c), the school board |
21 | | must hold at least 2 public hearings, the sole purpose of which |
22 | | shall be to discuss the decision to lease a school building and |
23 | | to receive input from the community. The notice of each public |
24 | | hearing that sets forth the time, date, place, and name or |
25 | | description of the school building that the school board is |
26 | | considering leasing must be provided at least 10 days prior to |
|
| | 10300HB4582sam001 | - 71 - | LRB103 35517 JDS 74233 a |
|
|
1 | | the hearing by publication on the school district's website. |
2 | | (d) (c) Notwithstanding the provisions of subsections |
3 | | subsection (a) and (b), for Bloomington School District 87, no |
4 | | referendum shall be required for the purchase, construction, |
5 | | or building of any building for school or education purposes |
6 | | if such cost is paid , or will be paid with funds available at |
7 | | the time of contract, purchase, construction, or building in |
8 | | Bloomington School District Number 87's existing fund balances |
9 | | to fund the procurement or requisition of a building or site |
10 | | during the 2022-2023, 2023-2024, or 2024-2025 school year |
11 | | years . |
12 | | For this subsection (d) (c) , the school board must hold at |
13 | | least 2 public hearings, the sole purpose of which shall be to |
14 | | discuss the decision to construct a school building and to |
15 | | receive input from the community. The notice of each public |
16 | | hearing that sets forth the time, date, place, and name or |
17 | | description of the school building that the school board is |
18 | | considering constructing must be provided at least 10 days |
19 | | prior to the hearing by publication on the school board's |
20 | | website. |
21 | | (e) Notwithstanding the provisions of subsection (a) and |
22 | | (b), beginning September 1, 2024, no referendum shall be |
23 | | required to build or purchase a building for school classroom |
24 | | or instructional purposes if, prior to the building or |
25 | | purchase of the building, the board determines, by resolution, |
26 | | that the building or purchase will result in an increase in |
|
| | 10300HB4582sam001 | - 72 - | LRB103 35517 JDS 74233 a |
|
|
1 | | pre-kindergarten or kindergarten classroom space in the |
2 | | district. |
3 | | (Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22; |
4 | | 103-8, eff. 6-7-23; 103-509, eff. 8-4-23; revised 8-31-23.) |
5 | | (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11) |
6 | | Sec. 17-2.11. School board power to levy a tax or to borrow |
7 | | money and issue bonds for fire prevention, safety, energy |
8 | | conservation, accessibility, school security, and specified |
9 | | repair purposes. |
10 | | (a) Whenever, as a result of any lawful order of any |
11 | | agency, other than a school board, having authority to enforce |
12 | | any school building code applicable to any facility that |
13 | | houses students, or any law or regulation for the protection |
14 | | and safety of the environment, pursuant to the Environmental |
15 | | Protection Act, any school district having a population of |
16 | | less than 500,000 inhabitants is required to alter or |
17 | | reconstruct any school building or permanent, fixed equipment; |
18 | | the district may, by proper resolution, levy a tax for the |
19 | | purpose of making such alteration or reconstruction, based on |
20 | | a survey report by an architect or engineer licensed in this |
21 | | State, upon all of the taxable property of the district at the |
22 | | value as assessed by the Department of Revenue and at a rate |
23 | | not to exceed 0.05% per year for a period sufficient to finance |
24 | | such alteration or reconstruction, upon the following |
25 | | conditions: |
|
| | 10300HB4582sam001 | - 73 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (1) When there are not sufficient funds available in |
2 | | the operations and maintenance fund of the school |
3 | | district, the school facility occupation tax fund of the |
4 | | district, or the fire prevention and safety fund of the |
5 | | district, as determined by the district on the basis of |
6 | | rules adopted by the State Board of Education, to make |
7 | | such alteration or reconstruction or to purchase and |
8 | | install such permanent, fixed equipment so ordered or |
9 | | determined as necessary. Appropriate school district |
10 | | records must be made available to the State Superintendent |
11 | | of Education, upon request, to confirm this insufficiency. |
12 | | (2) When a certified estimate of an architect or |
13 | | engineer licensed in this State stating the estimated |
14 | | amount necessary to make the alteration or reconstruction |
15 | | or to purchase and install the equipment so ordered has |
16 | | been secured by the school district, and the estimate has |
17 | | been approved by the regional superintendent of schools |
18 | | having jurisdiction over the district and the State |
19 | | Superintendent of Education. Approval must not be granted |
20 | | for any work that has already started without the prior |
21 | | express authorization of the State Superintendent of |
22 | | Education. If the estimate is not approved or is denied |
23 | | approval by the regional superintendent of schools within |
24 | | 3 months after the date on which it is submitted to him or |
25 | | her, the school board of the district may submit the |
26 | | estimate directly to the State Superintendent of Education |
|
| | 10300HB4582sam001 | - 74 - | LRB103 35517 JDS 74233 a |
|
|
1 | | for approval or denial. |
2 | | In the case of an emergency situation, where the estimated |
3 | | cost to effectuate emergency repairs is less than the amount |
4 | | specified in Section 10-20.21 of this Code, the school |
5 | | district may proceed with such repairs prior to approval by |
6 | | the State Superintendent of Education, but shall comply with |
7 | | the provisions of subdivision (2) of this subsection (a) as |
8 | | soon thereafter as may be as well as Section 10-20.21 of this |
9 | | Code. If the estimated cost to effectuate emergency repairs is |
10 | | greater than the amount specified in Section 10-20.21 of this |
11 | | Code, then the school district shall proceed in conformity |
12 | | with Section 10-20.21 of this Code and with rules established |
13 | | by the State Board of Education to address such situations. |
14 | | The rules adopted by the State Board of Education to deal with |
15 | | these situations shall stipulate that emergency situations |
16 | | must be expedited and given priority consideration. For |
17 | | purposes of this paragraph, an emergency is a situation that |
18 | | presents an imminent and continuing threat to the health and |
19 | | safety of students or other occupants of a facility, requires |
20 | | complete or partial evacuation of a building or part of a |
21 | | building, or consumes one or more of the 5 emergency days built |
22 | | into the adopted calendar of the school or schools or would |
23 | | otherwise be expected to cause such school or schools to fall |
24 | | short of the minimum school calendar requirements. |
25 | | (b) Whenever any such district determines that it is |
26 | | necessary for energy conservation purposes that any school |
|
| | 10300HB4582sam001 | - 75 - | LRB103 35517 JDS 74233 a |
|
|
1 | | building or permanent, fixed equipment should be altered or |
2 | | reconstructed and that such alterations or reconstruction will |
3 | | be made with funds not necessary for the completion of |
4 | | approved and recommended projects contained in any safety |
5 | | survey report or amendments thereto authorized by Section |
6 | | 2-3.12 of this Act; the district may levy a tax or issue bonds |
7 | | as provided in subsection (a) of this Section. |
8 | | (c) Whenever any such district determines that it is |
9 | | necessary for accessibility purposes and to comply with the |
10 | | school building code that any school building or equipment |
11 | | should be altered or reconstructed and that such alterations |
12 | | or reconstruction will be made with funds not necessary for |
13 | | the completion of approved and recommended projects contained |
14 | | in any safety survey report or amendments thereto authorized |
15 | | under Section 2-3.12 of this Act, the district may levy a tax |
16 | | or issue bonds as provided in subsection (a) of this Section. |
17 | | (d) Whenever any such district determines that it is |
18 | | necessary for school security purposes and the related |
19 | | protection and safety of pupils and school personnel that any |
20 | | school building or property should be altered or reconstructed |
21 | | or that security systems and equipment (including but not |
22 | | limited to intercom, early detection and warning, access |
23 | | control and television monitoring systems) should be purchased |
24 | | and installed, and that such alterations, reconstruction or |
25 | | purchase and installation of equipment will be made with funds |
26 | | not necessary for the completion of approved and recommended |
|
| | 10300HB4582sam001 | - 76 - | LRB103 35517 JDS 74233 a |
|
|
1 | | projects contained in any safety survey report or amendment |
2 | | thereto authorized by Section 2-3.12 of this Act and will |
3 | | deter and prevent unauthorized entry or activities upon school |
4 | | property by unknown or dangerous persons, assure early |
5 | | detection and advance warning of any such actual or attempted |
6 | | unauthorized entry or activities and help assure the continued |
7 | | safety of pupils and school staff if any such unauthorized |
8 | | entry or activity is attempted or occurs; the district may |
9 | | levy a tax or issue bonds as provided in subsection (a) of this |
10 | | Section. |
11 | | If such a school district determines that it is necessary |
12 | | for school security purposes and the related protection and |
13 | | safety of pupils and school staff to hire a school resource |
14 | | officer or that personnel costs for school counselors, mental |
15 | | health experts, or school resource officers are necessary and |
16 | | the district determines that it does not need funds for any of |
17 | | the other purposes set forth in this Section, then the |
18 | | district may levy a tax or issue bonds as provided in |
19 | | subsection (a). |
20 | | (e) If a school district does not need funds for other fire |
21 | | prevention and safety projects, including the completion of |
22 | | approved and recommended projects contained in any safety |
23 | | survey report or amendments thereto authorized by Section |
24 | | 2-3.12 of this Act, and it is determined after a public hearing |
25 | | (which is preceded by at least one published notice (i) |
26 | | occurring at least 7 days prior to the hearing in a newspaper |
|
| | 10300HB4582sam001 | - 77 - | LRB103 35517 JDS 74233 a |
|
|
1 | | of general circulation within the school district and (ii) |
2 | | setting forth the time, date, place, and general subject |
3 | | matter of the hearing) that there is a substantial, immediate, |
4 | | and otherwise unavoidable threat to the health, safety, or |
5 | | welfare of pupils due to disrepair of school sidewalks, |
6 | | playgrounds, parking lots, or school bus turnarounds and |
7 | | repairs must be made; then the district may levy a tax or issue |
8 | | bonds as provided in subsection (a) of this Section. |
9 | | (f) For purposes of this Section a school district may |
10 | | replace a school building or build additions to replace |
11 | | portions of a building when it is determined that the |
12 | | effectuation of the recommendations for the existing building |
13 | | will cost more than the replacement costs. Such determination |
14 | | shall be based on a comparison of estimated costs made by an |
15 | | architect or engineer licensed in the State of Illinois. The |
16 | | new building or addition shall be equivalent in area (square |
17 | | feet) and comparable in purpose and grades served and may be on |
18 | | the same site or another site. Such replacement may only be |
19 | | done upon order of the regional superintendent of schools and |
20 | | the approval of the State Superintendent of Education. |
21 | | (g) The filing of a certified copy of the resolution |
22 | | levying the tax when accompanied by the certificates of the |
23 | | regional superintendent of schools and State Superintendent of |
24 | | Education shall be the authority of the county clerk to extend |
25 | | such tax. |
26 | | (h) The county clerk of the county in which any school |
|
| | 10300HB4582sam001 | - 78 - | LRB103 35517 JDS 74233 a |
|
|
1 | | district levying a tax under the authority of this Section is |
2 | | located, in reducing raised levies, shall not consider any |
3 | | such tax as a part of the general levy for school purposes and |
4 | | shall not include the same in the limitation of any other tax |
5 | | rate which may be extended. |
6 | | Such tax shall be levied and collected in like manner as |
7 | | all other taxes of school districts, subject to the provisions |
8 | | contained in this Section. |
9 | | (i) The tax rate limit specified in this Section may be |
10 | | increased to .10% upon the approval of a proposition to effect |
11 | | such increase by a majority of the electors voting on that |
12 | | proposition at a regular scheduled election. Such proposition |
13 | | may be initiated by resolution of the school board and shall be |
14 | | certified by the secretary to the proper election authorities |
15 | | for submission in accordance with the general election law. |
16 | | (j) When taxes are levied by any school district for fire |
17 | | prevention, safety, energy conservation, and school security |
18 | | purposes as specified in this Section, and the purposes for |
19 | | which the taxes have been levied are accomplished and paid in |
20 | | full, and there remain funds on hand in the Fire Prevention and |
21 | | Safety Fund from the proceeds of the taxes levied, including |
22 | | interest earnings thereon, the school board by resolution |
23 | | shall use such excess and other board restricted funds, |
24 | | excluding bond proceeds and earnings from such proceeds, as |
25 | | follows: |
26 | | (1) for other authorized fire prevention, safety, |
|
| | 10300HB4582sam001 | - 79 - | LRB103 35517 JDS 74233 a |
|
|
1 | | energy conservation, required safety inspections, school |
2 | | security purposes, sampling for lead in drinking water in |
3 | | schools, and for repair and mitigation due to lead levels |
4 | | in the drinking water supply; or |
5 | | (2) for transfer to the Operations and Maintenance |
6 | | Fund for the purpose of abating an equal amount of |
7 | | operations and maintenance purposes taxes. |
8 | | Notwithstanding subdivision (2) of this subsection (j) and |
9 | | subsection (k) of this Section, through June 30, 2021, the |
10 | | school board may, by proper resolution following a public |
11 | | hearing set by the school board or the president of the school |
12 | | board (that is preceded (i) by at least one published notice |
13 | | over the name of the clerk or secretary of the board, occurring |
14 | | at least 7 days and not more than 30 days prior to the hearing, |
15 | | in a newspaper of general circulation within the school |
16 | | district and (ii) by posted notice over the name of the clerk |
17 | | or secretary of the board, at least 48 hours before the |
18 | | hearing, at the principal office of the school board or at the |
19 | | building where the hearing is to be held if a principal office |
20 | | does not exist, with both notices setting forth the time, |
21 | | date, place, and subject matter of the hearing), transfer |
22 | | surplus life safety taxes and interest earnings thereon to the |
23 | | Operations and Maintenance Fund for building repair work. |
24 | | (k) If any transfer is made to the Operation and |
25 | | Maintenance Fund, the secretary of the school board shall |
26 | | within 30 days notify the county clerk of the amount of that |
|
| | 10300HB4582sam001 | - 80 - | LRB103 35517 JDS 74233 a |
|
|
1 | | transfer and direct the clerk to abate the taxes to be extended |
2 | | for the purposes of operations and maintenance authorized |
3 | | under Section 17-2 of this Act by an amount equal to such |
4 | | transfer. |
5 | | (l) If the proceeds from the tax levy authorized by this |
6 | | Section are insufficient to complete the work approved under |
7 | | this Section, the school board is authorized to sell bonds |
8 | | without referendum under the provisions of this Section in an |
9 | | amount that, when added to the proceeds of the tax levy |
10 | | authorized by this Section, will allow completion of the |
11 | | approved work. |
12 | | (m) Any bonds issued pursuant to this Section shall bear |
13 | | interest at a rate not to exceed the maximum rate authorized by |
14 | | law at the time of the making of the contract, shall mature |
15 | | within 20 years from date, and shall be signed by the president |
16 | | of the school board and the treasurer of the school district. |
17 | | The authorized amount of bonds issued pursuant to this Section |
18 | | may be increased by an amount not to exceed 3% of that |
19 | | authorized amount to provide for expenses of issuing the |
20 | | bonds, including underwriter's compensation and costs of bond |
21 | | insurance or other credit enhancement, and also an amount to |
22 | | pay capitalized interest as otherwise permitted by law. |
23 | | (n) In order to authorize and issue such bonds, the school |
24 | | board shall adopt a resolution fixing the amount of bonds, the |
25 | | date thereof, the maturities thereof, rates of interest |
26 | | thereof, place of payment and denomination, which shall be in |
|
| | 10300HB4582sam001 | - 81 - | LRB103 35517 JDS 74233 a |
|
|
1 | | denominations of not less than $100 and not more than $5,000, |
2 | | and provide for the levy and collection of a direct annual tax |
3 | | upon all the taxable property in the school district |
4 | | sufficient to pay the principal and interest on such bonds to |
5 | | maturity. Upon the filing in the office of the county clerk of |
6 | | the county in which the school district is located of a |
7 | | certified copy of the resolution, it is the duty of the county |
8 | | clerk to extend the tax therefor in addition to and in excess |
9 | | of all other taxes heretofore or hereafter authorized to be |
10 | | levied by such school district. |
11 | | (o) After the time such bonds are issued as provided for by |
12 | | this Section, if additional alterations or reconstructions are |
13 | | required to be made because of surveys conducted by an |
14 | | architect or engineer licensed in the State of Illinois, the |
15 | | district may levy a tax at a rate not to exceed .05% per year |
16 | | upon all the taxable property of the district or issue |
17 | | additional bonds, whichever action shall be the most feasible. |
18 | | (p) This Section is cumulative and constitutes complete |
19 | | authority for the issuance of bonds as provided in this |
20 | | Section notwithstanding any other statute or law to the |
21 | | contrary. |
22 | | (q) With respect to instruments for the payment of money |
23 | | issued under this Section either before, on, or after the |
24 | | effective date of Public Act 86-004 (June 6, 1989), it is, and |
25 | | always has been, the intention of the General Assembly (i) |
26 | | that the Omnibus Bond Acts are, and always have been, |
|
| | 10300HB4582sam001 | - 82 - | LRB103 35517 JDS 74233 a |
|
|
1 | | supplementary grants of power to issue instruments in |
2 | | accordance with the Omnibus Bond Acts, regardless of any |
3 | | provision of this Act that may appear to be or to have been |
4 | | more restrictive than those Acts, (ii) that the provisions of |
5 | | this Section are not a limitation on the supplementary |
6 | | authority granted by the Omnibus Bond Acts, and (iii) that |
7 | | instruments issued under this Section within the supplementary |
8 | | authority granted by the Omnibus Bond Acts are not invalid |
9 | | because of any provision of this Act that may appear to be or |
10 | | to have been more restrictive than those Acts. |
11 | | (r) When the purposes for which the bonds are issued have |
12 | | been accomplished and paid for in full and there remain funds |
13 | | on hand from the proceeds of the bond sale and interest |
14 | | earnings therefrom, the board shall, by resolution, use such |
15 | | excess funds in accordance with the provisions of Section |
16 | | 10-22.14 of this Act. |
17 | | (s) Whenever any tax is levied or bonds issued for fire |
18 | | prevention, safety, energy conservation, and school security |
19 | | purposes, such proceeds shall be deposited and accounted for |
20 | | separately within the Fire Prevention and Safety Fund. |
21 | | (Source: P.A. 100-465, eff. 8-31-17; 101-455, eff. 8-23-19; |
22 | | 101-643, eff. 6-18-20.) |
23 | | (105 ILCS 5/19-1) |
24 | | Sec. 19-1. Debt limitations of school districts. |
25 | | (a) School districts shall not be subject to the |
|
| | 10300HB4582sam001 | - 83 - | LRB103 35517 JDS 74233 a |
|
|
1 | | provisions limiting their indebtedness prescribed in the Local |
2 | | Government Debt Limitation Act. |
3 | | No school districts maintaining grades K through 8 or 9 |
4 | | through 12 shall become indebted in any manner or for any |
5 | | purpose to an amount, including existing indebtedness, in the |
6 | | aggregate exceeding 6.9% on the value of the taxable property |
7 | | therein to be ascertained by the last assessment for State and |
8 | | county taxes or, until January 1, 1983, if greater, the sum |
9 | | that is produced by multiplying the school district's 1978 |
10 | | equalized assessed valuation by the debt limitation percentage |
11 | | in effect on January 1, 1979, previous to the incurring of such |
12 | | indebtedness. |
13 | | No school districts maintaining grades K through 12 shall |
14 | | become indebted in any manner or for any purpose to an amount, |
15 | | including existing indebtedness, in the aggregate exceeding |
16 | | 13.8% on the value of the taxable property therein to be |
17 | | ascertained by the last assessment for State and county taxes |
18 | | or, until January 1, 1983, if greater, the sum that is produced |
19 | | by multiplying the school district's 1978 equalized assessed |
20 | | valuation by the debt limitation percentage in effect on |
21 | | January 1, 1979, previous to the incurring of such |
22 | | indebtedness. |
23 | | No partial elementary unit district, as defined in Article |
24 | | 11E of this Code, shall become indebted in any manner or for |
25 | | any purpose in an amount, including existing indebtedness, in |
26 | | the aggregate exceeding 6.9% of the value of the taxable |
|
| | 10300HB4582sam001 | - 84 - | LRB103 35517 JDS 74233 a |
|
|
1 | | property of the entire district, to be ascertained by the last |
2 | | assessment for State and county taxes, plus an amount, |
3 | | including existing indebtedness, in the aggregate exceeding |
4 | | 6.9% of the value of the taxable property of that portion of |
5 | | the district included in the elementary and high school |
6 | | classification, to be ascertained by the last assessment for |
7 | | State and county taxes. Moreover, no partial elementary unit |
8 | | district, as defined in Article 11E of this Code, shall become |
9 | | indebted on account of bonds issued by the district for high |
10 | | school purposes in the aggregate exceeding 6.9% of the value |
11 | | of the taxable property of the entire district, to be |
12 | | ascertained by the last assessment for State and county taxes, |
13 | | nor shall the district become indebted on account of bonds |
14 | | issued by the district for elementary purposes in the |
15 | | aggregate exceeding 6.9% of the value of the taxable property |
16 | | for that portion of the district included in the elementary |
17 | | and high school classification, to be ascertained by the last |
18 | | assessment for State and county taxes. |
19 | | Notwithstanding the provisions of any other law to the |
20 | | contrary, in any case in which the voters of a school district |
21 | | have approved a proposition for the issuance of bonds of such |
22 | | school district at an election held prior to January 1, 1979, |
23 | | and all of the bonds approved at such election have not been |
24 | | issued, the debt limitation applicable to such school district |
25 | | during the calendar year 1979 shall be computed by multiplying |
26 | | the value of taxable property therein, including personal |
|
| | 10300HB4582sam001 | - 85 - | LRB103 35517 JDS 74233 a |
|
|
1 | | property, as ascertained by the last assessment for State and |
2 | | county taxes, previous to the incurring of such indebtedness, |
3 | | by the percentage limitation applicable to such school |
4 | | district under the provisions of this subsection (a). |
5 | | (a-5) After January 1, 2018, no school district may issue |
6 | | bonds under Sections 19-2 through 19-7 of this Code and rely on |
7 | | an exception to the debt limitations in this Section unless it |
8 | | has complied with the requirements of Section 21 of the Bond |
9 | | Issue Notification Act and the bonds have been approved by |
10 | | referendum. |
11 | | (b) Notwithstanding the debt limitation prescribed in |
12 | | subsection (a) of this Section, additional indebtedness may be |
13 | | incurred in an amount not to exceed the estimated cost of |
14 | | acquiring or improving school sites or constructing and |
15 | | equipping additional building facilities under the following |
16 | | conditions: |
17 | | (1) Whenever the enrollment of students for the next |
18 | | school year is estimated by the board of education to |
19 | | increase over the actual present enrollment by not less |
20 | | than 35% or by not less than 200 students or the actual |
21 | | present enrollment of students has increased over the |
22 | | previous school year by not less than 35% or by not less |
23 | | than 200 students and the board of education determines |
24 | | that additional school sites or building facilities are |
25 | | required as a result of such increase in enrollment; and |
26 | | (2) When the Regional Superintendent of Schools having |
|
| | 10300HB4582sam001 | - 86 - | LRB103 35517 JDS 74233 a |
|
|
1 | | jurisdiction over the school district and the State |
2 | | Superintendent of Education concur in such enrollment |
3 | | projection or increase and approve the need for such |
4 | | additional school sites or building facilities and the |
5 | | estimated cost thereof; and |
6 | | (3) When the voters in the school district approve a |
7 | | proposition for the issuance of bonds for the purpose of |
8 | | acquiring or improving such needed school sites or |
9 | | constructing and equipping such needed additional building |
10 | | facilities at an election called and held for that |
11 | | purpose. Notice of such an election shall state that the |
12 | | amount of indebtedness proposed to be incurred would |
13 | | exceed the debt limitation otherwise applicable to the |
14 | | school district. The ballot for such proposition shall |
15 | | state what percentage of the equalized assessed valuation |
16 | | will be outstanding in bonds if the proposed issuance of |
17 | | bonds is approved by the voters; or |
18 | | (4) Notwithstanding the provisions of paragraphs (1) |
19 | | through (3) of this subsection (b), if the school board |
20 | | determines that additional facilities are needed to |
21 | | provide a quality educational program and not less than |
22 | | 2/3 of those voting in an election called by the school |
23 | | board on the question approve the issuance of bonds for |
24 | | the construction of such facilities, the school district |
25 | | may issue bonds for this purpose; or |
26 | | (5) Notwithstanding the provisions of paragraphs (1) |
|
| | 10300HB4582sam001 | - 87 - | LRB103 35517 JDS 74233 a |
|
|
1 | | through (3) of this subsection (b), if (i) the school |
2 | | district has previously availed itself of the provisions |
3 | | of paragraph (4) of this subsection (b) to enable it to |
4 | | issue bonds, (ii) the voters of the school district have |
5 | | not defeated a proposition for the issuance of bonds since |
6 | | the referendum described in paragraph (4) of this |
7 | | subsection (b) was held, (iii) the school board determines |
8 | | that additional facilities are needed to provide a quality |
9 | | educational program, and (iv) a majority of those voting |
10 | | in an election called by the school board on the question |
11 | | approve the issuance of bonds for the construction of such |
12 | | facilities, the school district may issue bonds for this |
13 | | purpose. |
14 | | In no event shall the indebtedness incurred pursuant to |
15 | | this subsection (b) and the existing indebtedness of the |
16 | | school district exceed 15% of the value of the taxable |
17 | | property therein to be ascertained by the last assessment for |
18 | | State and county taxes, previous to the incurring of such |
19 | | indebtedness or, until January 1, 1983, if greater, the sum |
20 | | that is produced by multiplying the school district's 1978 |
21 | | equalized assessed valuation by the debt limitation percentage |
22 | | in effect on January 1, 1979. |
23 | | The indebtedness provided for by this subsection (b) shall |
24 | | be in addition to and in excess of any other debt limitation. |
25 | | (c) Notwithstanding the debt limitation prescribed in |
26 | | subsection (a) of this Section, in any case in which a public |
|
| | 10300HB4582sam001 | - 88 - | LRB103 35517 JDS 74233 a |
|
|
1 | | question for the issuance of bonds of a proposed school |
2 | | district maintaining grades kindergarten through 12 received |
3 | | at least 60% of the valid ballots cast on the question at an |
4 | | election held on or prior to November 8, 1994, and in which the |
5 | | bonds approved at such election have not been issued, the |
6 | | school district pursuant to the requirements of Section 11A-10 |
7 | | (now repealed) may issue the total amount of bonds approved at |
8 | | such election for the purpose stated in the question. |
9 | | (d) Notwithstanding the debt limitation prescribed in |
10 | | subsection (a) of this Section, a school district that meets |
11 | | all the criteria set forth in paragraphs (1) and (2) of this |
12 | | subsection (d) may incur an additional indebtedness in an |
13 | | amount not to exceed $4,500,000, even though the amount of the |
14 | | additional indebtedness authorized by this subsection (d), |
15 | | when incurred and added to the aggregate amount of |
16 | | indebtedness of the district existing immediately prior to the |
17 | | district incurring the additional indebtedness authorized by |
18 | | this subsection (d), causes the aggregate indebtedness of the |
19 | | district to exceed the debt limitation otherwise applicable to |
20 | | that district under subsection (a): |
21 | | (1) The additional indebtedness authorized by this |
22 | | subsection (d) is incurred by the school district through |
23 | | the issuance of bonds under and in accordance with Section |
24 | | 17-2.11a for the purpose of replacing a school building |
25 | | which, because of mine subsidence damage, has been closed |
26 | | as provided in paragraph (2) of this subsection (d) or |
|
| | 10300HB4582sam001 | - 89 - | LRB103 35517 JDS 74233 a |
|
|
1 | | through the issuance of bonds under and in accordance with |
2 | | Section 19-3 for the purpose of increasing the size of, or |
3 | | providing for additional functions in, such replacement |
4 | | school buildings, or both such purposes. |
5 | | (2) The bonds issued by the school district as |
6 | | provided in paragraph (1) above are issued for the |
7 | | purposes of construction by the school district of a new |
8 | | school building pursuant to Section 17-2.11, to replace an |
9 | | existing school building that, because of mine subsidence |
10 | | damage, is closed as of the end of the 1992-93 school year |
11 | | pursuant to action of the regional superintendent of |
12 | | schools of the educational service region in which the |
13 | | district is located under Section 3-14.22 or are issued |
14 | | for the purpose of increasing the size of, or providing |
15 | | for additional functions in, the new school building being |
16 | | constructed to replace a school building closed as the |
17 | | result of mine subsidence damage, or both such purposes. |
18 | | (e) (Blank). |
19 | | (f) Notwithstanding the provisions of subsection (a) of |
20 | | this Section or of any other law, bonds in not to exceed the |
21 | | aggregate amount of $5,500,000 and issued by a school district |
22 | | meeting the following criteria shall not be considered |
23 | | indebtedness for purposes of any statutory limitation and may |
24 | | be issued in an amount or amounts, including existing |
25 | | indebtedness, in excess of any heretofore or hereafter imposed |
26 | | statutory limitation as to indebtedness: |
|
| | 10300HB4582sam001 | - 90 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (1) At the time of the sale of such bonds, the board of |
2 | | education of the district shall have determined by |
3 | | resolution that the enrollment of students in the district |
4 | | is projected to increase by not less than 7% during each of |
5 | | the next succeeding 2 school years. |
6 | | (2) The board of education shall also determine by |
7 | | resolution that the improvements to be financed with the |
8 | | proceeds of the bonds are needed because of the projected |
9 | | enrollment increases. |
10 | | (3) The board of education shall also determine by |
11 | | resolution that the projected increases in enrollment are |
12 | | the result of improvements made or expected to be made to |
13 | | passenger rail facilities located in the school district. |
14 | | Notwithstanding the provisions of subsection (a) of this |
15 | | Section or of any other law, a school district that has availed |
16 | | itself of the provisions of this subsection (f) prior to July |
17 | | 22, 2004 (the effective date of Public Act 93-799) may also |
18 | | issue bonds approved by referendum up to an amount, including |
19 | | existing indebtedness, not exceeding 25% of the equalized |
20 | | assessed value of the taxable property in the district if all |
21 | | of the conditions set forth in items (1), (2), and (3) of this |
22 | | subsection (f) are met. |
23 | | (g) Notwithstanding the provisions of subsection (a) of |
24 | | this Section or any other law, bonds in not to exceed an |
25 | | aggregate amount of 25% of the equalized assessed value of the |
26 | | taxable property of a school district and issued by a school |
|
| | 10300HB4582sam001 | - 91 - | LRB103 35517 JDS 74233 a |
|
|
1 | | district meeting the criteria in paragraphs (i) through (iv) |
2 | | of this subsection shall not be considered indebtedness for |
3 | | purposes of any statutory limitation and may be issued |
4 | | pursuant to resolution of the school board in an amount or |
5 | | amounts, including existing indebtedness, in excess of any |
6 | | statutory limitation of indebtedness heretofore or hereafter |
7 | | 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, |
20 | | 1997. |
21 | | (iv) The school district issuing the bonds is a unit |
22 | | school district located in a county of less than 70,000 |
23 | | and more than 50,000 inhabitants, which has an average |
24 | | daily attendance of less than 1,500 and an equalized |
25 | | assessed valuation of less than $29,000,000. |
26 | | (h) Notwithstanding any other provisions of this Section |
|
| | 10300HB4582sam001 | - 92 - | LRB103 35517 JDS 74233 a |
|
|
1 | | or the provisions of any other law, until January 1, 1998, a |
2 | | community unit school district maintaining grades K through 12 |
3 | | may issue bonds up to an amount, including existing |
4 | | indebtedness, not exceeding 27.6% of the equalized assessed |
5 | | value of the taxable property in the district, if all of the |
6 | | following conditions are met: |
7 | | (i) The school district has an equalized assessed |
8 | | valuation for calendar year 1995 of less than $24,000,000; |
9 | | (ii) The bonds are issued for the capital improvement, |
10 | | renovation, rehabilitation, or replacement of existing |
11 | | school buildings of the district, all of which buildings |
12 | | were originally constructed not less than 40 years ago; |
13 | | (iii) The voters of the district approve a proposition |
14 | | for the issuance of the bonds at a referendum held after |
15 | | March 19, 1996; and |
16 | | (iv) The bonds are issued pursuant to Sections 19-2 |
17 | | through 19-7 of this Code. |
18 | | (i) Notwithstanding any other provisions of this Section |
19 | | or the provisions of any other law, until January 1, 1998, a |
20 | | community unit school district maintaining grades K through 12 |
21 | | may issue bonds up to an amount, including existing |
22 | | indebtedness, not exceeding 27% of the equalized assessed |
23 | | value of the taxable property in the district, if all of the |
24 | | following conditions are met: |
25 | | (i) The school district has an equalized assessed |
26 | | valuation for calendar year 1995 of less than $44,600,000; |
|
| | 10300HB4582sam001 | - 93 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (ii) The bonds are issued for the capital improvement, |
2 | | renovation, rehabilitation, or replacement of existing |
3 | | school buildings of the district, all of which existing |
4 | | buildings were originally constructed not less than 80 |
5 | | years ago; |
6 | | (iii) The voters of the district approve a proposition |
7 | | for the issuance of the bonds at a referendum held after |
8 | | December 31, 1996; and |
9 | | (iv) The bonds are issued pursuant to Sections 19-2 |
10 | | through 19-7 of this Code. |
11 | | (j) Notwithstanding any other provisions of this Section |
12 | | or the provisions of any other law, until January 1, 1999, a |
13 | | community unit school district maintaining grades K through 12 |
14 | | may issue bonds up to an amount, including existing |
15 | | indebtedness, not exceeding 27% of the equalized assessed |
16 | | value of the taxable property in the district if all of the |
17 | | following conditions are met: |
18 | | (i) The school district has an equalized assessed |
19 | | valuation for calendar year 1995 of less than $140,000,000 |
20 | | and a best 3 months average daily attendance for the |
21 | | 1995-96 school year of at least 2,800; |
22 | | (ii) The bonds are issued to purchase a site and build |
23 | | and equip a new high school, and the school district's |
24 | | existing high school was originally constructed not less |
25 | | than 35 years prior to the sale of the bonds; |
26 | | (iii) At the time of the sale of the bonds, the board |
|
| | 10300HB4582sam001 | - 94 - | LRB103 35517 JDS 74233 a |
|
|
1 | | of education determines by resolution that a new high |
2 | | school is needed because of projected enrollment |
3 | | increases; |
4 | | (iv) At least 60% of those voting in an election held |
5 | | after December 31, 1996 approve a proposition for the |
6 | | issuance of the bonds; and |
7 | | (v) The bonds are issued pursuant to Sections 19-2 |
8 | | through 19-7 of this Code. |
9 | | (k) Notwithstanding the debt limitation prescribed in |
10 | | subsection (a) of this Section, a school district that meets |
11 | | all the criteria set forth in paragraphs (1) through (4) of |
12 | | this subsection (k) may issue bonds to incur an additional |
13 | | indebtedness in an amount not to exceed $4,000,000 even though |
14 | | the amount of the additional indebtedness authorized by this |
15 | | subsection (k), when incurred and added to the aggregate |
16 | | amount of indebtedness of the school district existing |
17 | | immediately prior to the school district incurring such |
18 | | additional indebtedness, causes the aggregate indebtedness of |
19 | | the school district to exceed or increases the amount by which |
20 | | the aggregate indebtedness of the district already exceeds the |
21 | | debt limitation otherwise applicable to that school district |
22 | | under subsection (a): |
23 | | (1) the school district is located in 2 counties, and |
24 | | a referendum to authorize the additional indebtedness was |
25 | | approved by a majority of the voters of the school |
26 | | district voting on the proposition to authorize that |
|
| | 10300HB4582sam001 | - 95 - | LRB103 35517 JDS 74233 a |
|
|
1 | | indebtedness; |
2 | | (2) the additional indebtedness is for the purpose of |
3 | | financing a multi-purpose room addition to the existing |
4 | | high school; |
5 | | (3) the additional indebtedness, together with the |
6 | | existing indebtedness of the school district, shall not |
7 | | exceed 17.4% of the value of the taxable property in the |
8 | | school district, to be ascertained by the last assessment |
9 | | for State and county taxes; and |
10 | | (4) the bonds evidencing the additional indebtedness |
11 | | are issued, if at all, within 120 days of August 14, 1998 |
12 | | (the effective date of Public Act 90-757). |
13 | | (l) Notwithstanding any other provisions of this Section |
14 | | or the provisions of any other law, until January 1, 2000, a |
15 | | school district maintaining grades kindergarten through 8 may |
16 | | issue bonds up to an amount, including existing indebtedness, |
17 | | not exceeding 15% of the equalized assessed value of the |
18 | | taxable property in the district if all of the following |
19 | | conditions are met: |
20 | | (i) the district has an equalized assessed valuation |
21 | | for calendar year 1996 of less than $10,000,000; |
22 | | (ii) the bonds are issued for capital improvement, |
23 | | renovation, rehabilitation, or replacement of one or more |
24 | | school buildings of the district, which buildings were |
25 | | originally constructed not less than 70 years ago; |
26 | | (iii) the voters of the district approve a proposition |
|
| | 10300HB4582sam001 | - 96 - | LRB103 35517 JDS 74233 a |
|
|
1 | | for the issuance of the bonds at a referendum held on or |
2 | | after March 17, 1998; and |
3 | | (iv) the bonds are issued pursuant to Sections 19-2 |
4 | | through 19-7 of this Code. |
5 | | (m) Notwithstanding any other provisions of this Section |
6 | | or the provisions of any other law, until January 1, 1999, an |
7 | | elementary school district maintaining grades K through 8 may |
8 | | issue bonds up to an amount, excluding existing indebtedness, |
9 | | not exceeding 18% of the equalized assessed value of the |
10 | | taxable property in the district, if all of the following |
11 | | conditions are met: |
12 | | (i) The school district has an equalized assessed |
13 | | valuation for calendar year 1995 or less than $7,700,000; |
14 | | (ii) The school district operates 2 elementary |
15 | | attendance centers that until 1976 were operated as the |
16 | | attendance centers of 2 separate and distinct school |
17 | | districts; |
18 | | (iii) The bonds are issued for the construction of a |
19 | | new elementary school building to replace an existing |
20 | | multi-level elementary school building of the school |
21 | | district that is not accessible at all levels and parts of |
22 | | which were constructed more than 75 years ago; |
23 | | (iv) The voters of the school district approve a |
24 | | proposition for the issuance of the bonds at a referendum |
25 | | held after July 1, 1998; and |
26 | | (v) The bonds are issued pursuant to Sections 19-2 |
|
| | 10300HB4582sam001 | - 97 - | LRB103 35517 JDS 74233 a |
|
|
1 | | through 19-7 of this Code. |
2 | | (n) Notwithstanding the debt limitation prescribed in |
3 | | subsection (a) of this Section or any other provisions of this |
4 | | Section or of any other law, a school district that meets all |
5 | | of the criteria set forth in paragraphs (i) through (vi) of |
6 | | this subsection (n) may incur additional indebtedness by the |
7 | | issuance of bonds in an amount not exceeding the amount |
8 | | certified by the Capital Development Board to the school |
9 | | district as provided in paragraph (iii) of this subsection |
10 | | (n), even though the amount of the additional indebtedness so |
11 | | authorized, when incurred and added to the aggregate amount of |
12 | | indebtedness of the district existing immediately prior to the |
13 | | district incurring the additional indebtedness authorized by |
14 | | this subsection (n), causes the aggregate indebtedness of the |
15 | | district to exceed the debt limitation otherwise applicable by |
16 | | law to that district: |
17 | | (i) The school district applies to the State Board of |
18 | | Education for a school construction project grant and |
19 | | submits a district facilities plan in support of its |
20 | | application pursuant to Section 5-20 of the School |
21 | | Construction Law. |
22 | | (ii) The school district's application and facilities |
23 | | plan are approved by, and the district receives a grant |
24 | | entitlement for a school construction project issued by, |
25 | | the State Board of Education under the School Construction |
26 | | Law. |
|
| | 10300HB4582sam001 | - 98 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (iii) The school district has exhausted its bonding |
2 | | capacity or the unused bonding capacity of the district is |
3 | | less than the amount certified by the Capital Development |
4 | | Board to the district under Section 5-15 of the School |
5 | | Construction Law as the dollar amount of the school |
6 | | construction project's cost that the district will be |
7 | | required to finance with non-grant funds in order to |
8 | | receive a school construction project grant under the |
9 | | School Construction Law. |
10 | | (iv) The bonds are issued for a "school construction |
11 | | project", as that term is defined in Section 5-5 of the |
12 | | School Construction Law, in an amount that does not exceed |
13 | | the dollar amount certified, as provided in paragraph |
14 | | (iii) of this subsection (n), by the Capital Development |
15 | | Board to the school district under Section 5-15 of the |
16 | | School Construction Law. |
17 | | (v) The voters of the district approve a proposition |
18 | | for the issuance of the bonds at a referendum held after |
19 | | the criteria specified in paragraphs (i) and (iii) of this |
20 | | subsection (n) are met. |
21 | | (vi) The bonds are issued pursuant to Sections 19-2 |
22 | | through 19-7 of the School Code. |
23 | | (o) Notwithstanding any other provisions of this Section |
24 | | or the provisions of any other law, until November 1, 2007, a |
25 | | community unit school district maintaining grades K through 12 |
26 | | may issue bonds up to an amount, including existing |
|
| | 10300HB4582sam001 | - 99 - | LRB103 35517 JDS 74233 a |
|
|
1 | | indebtedness, not exceeding 20% of the equalized assessed |
2 | | value of the taxable property in the district if all of the |
3 | | following conditions are met: |
4 | | (i) the school district has an equalized assessed |
5 | | valuation for calendar year 2001 of at least $737,000,000 |
6 | | and an enrollment for the 2002-2003 school year of at |
7 | | least 8,500; |
8 | | (ii) the bonds are issued to purchase school sites, |
9 | | build and equip a new high school, build and equip a new |
10 | | junior high school, build and equip 5 new elementary |
11 | | schools, and make technology and other improvements and |
12 | | additions to existing schools; |
13 | | (iii) at the time of the sale of the bonds, the board |
14 | | of education determines by resolution that the sites and |
15 | | new or improved facilities are needed because of projected |
16 | | enrollment increases; |
17 | | (iv) at least 57% of those voting in a general |
18 | | election held prior to January 1, 2003 approved a |
19 | | proposition for the issuance of the bonds; and |
20 | | (v) the bonds are issued pursuant to Sections 19-2 |
21 | | through 19-7 of this Code. |
22 | | (p) Notwithstanding any other provisions of this Section |
23 | | or the provisions of any other law, a community unit school |
24 | | district maintaining grades K through 12 may issue bonds up to |
25 | | an amount, including indebtedness, not exceeding 27% of the |
26 | | equalized assessed value of the taxable property in the |
|
| | 10300HB4582sam001 | - 100 - | LRB103 35517 JDS 74233 a |
|
|
1 | | district if all of the following conditions are met: |
2 | | (i) The school district has an equalized assessed |
3 | | valuation for calendar year 2001 of at least $295,741,187 |
4 | | and a best 3 months' average daily attendance for the |
5 | | 2002-2003 school year of at least 2,394. |
6 | | (ii) The bonds are issued to build and equip 3 |
7 | | elementary school buildings; build and equip one middle |
8 | | school building; and alter, repair, improve, and equip all |
9 | | existing school buildings in the district. |
10 | | (iii) At the time of the sale of the bonds, the board |
11 | | of education determines by resolution that the project is |
12 | | needed because of expanding growth in the school district |
13 | | and a projected enrollment increase. |
14 | | (iv) The bonds are issued pursuant to Sections 19-2 |
15 | | through 19-7 of this Code. |
16 | | (p-5) Notwithstanding any other provisions of this Section |
17 | | or the provisions of any other law, bonds issued by a community |
18 | | unit school district maintaining grades K through 12 shall not |
19 | | be considered indebtedness for purposes of any statutory |
20 | | limitation and may be issued in an amount or amounts, |
21 | | including existing indebtedness, in excess of any heretofore |
22 | | or hereafter imposed statutory limitation as to indebtedness, |
23 | | if all of the following conditions are met: |
24 | | (i) For each of the 4 most recent years, residential |
25 | | property comprises more than 80% of the equalized assessed |
26 | | valuation of the district. |
|
| | 10300HB4582sam001 | - 101 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (ii) At least 2 school buildings that were constructed |
2 | | 40 or more years prior to the issuance of the bonds will be |
3 | | demolished and will be replaced by new buildings or |
4 | | additions to one or more existing buildings. |
5 | | (iii) Voters of the district approve a proposition for |
6 | | the issuance of the bonds at a regularly scheduled |
7 | | election. |
8 | | (iv) At the time of the sale of the bonds, the school |
9 | | board determines by resolution that the new buildings or |
10 | | building additions are needed because of an increase in |
11 | | enrollment projected by the school board. |
12 | | (v) The principal amount of the bonds, including |
13 | | existing indebtedness, does not exceed 25% of the |
14 | | equalized assessed value of the taxable property in the |
15 | | district. |
16 | | (vi) The bonds are issued prior to January 1, 2007, |
17 | | pursuant to Sections 19-2 through 19-7 of this Code. |
18 | | (p-10) Notwithstanding any other provisions of this |
19 | | Section or the provisions of any other law, bonds issued by a |
20 | | community consolidated school district maintaining grades K |
21 | | through 8 shall not be considered indebtedness for purposes of |
22 | | any statutory limitation and may be issued in an amount or |
23 | | amounts, including existing indebtedness, in excess of any |
24 | | heretofore or hereafter imposed statutory limitation as to |
25 | | indebtedness, if all of the following conditions are met: |
26 | | (i) For each of the 4 most recent years, residential |
|
| | 10300HB4582sam001 | - 102 - | LRB103 35517 JDS 74233 a |
|
|
1 | | and farm property comprises more than 80% of the equalized |
2 | | assessed valuation of the district. |
3 | | (ii) The bond proceeds are to be used to acquire and |
4 | | improve school sites and build and equip a school |
5 | | building. |
6 | | (iii) Voters of the district approve a proposition for |
7 | | the issuance of the bonds at a regularly scheduled |
8 | | election. |
9 | | (iv) At the time of the sale of the bonds, the school |
10 | | board determines by resolution that the school sites and |
11 | | building additions are needed because of an increase in |
12 | | enrollment projected by the school board. |
13 | | (v) The principal amount of the bonds, including |
14 | | existing indebtedness, does not exceed 20% of the |
15 | | equalized assessed value of the taxable property in the |
16 | | district. |
17 | | (vi) The bonds are issued prior to January 1, 2007, |
18 | | pursuant to Sections 19-2 through 19-7 of this Code. |
19 | | (p-15) In addition to all other authority to issue bonds, |
20 | | the Oswego Community Unit School District Number 308 may issue |
21 | | bonds with an aggregate principal amount not to exceed |
22 | | $450,000,000, but only if all of the following conditions are |
23 | | met: |
24 | | (i) The voters of the district have approved a |
25 | | proposition for the bond issue at the general election |
26 | | held on November 7, 2006. |
|
| | 10300HB4582sam001 | - 103 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (ii) At the time of the sale of the bonds, the school |
2 | | board determines, by resolution, that: (A) the building |
3 | | and equipping of the new high school building, new junior |
4 | | high school buildings, new elementary school buildings, |
5 | | early childhood building, maintenance building, |
6 | | transportation facility, and additions to existing school |
7 | | buildings, the altering, repairing, equipping, and |
8 | | provision of technology improvements to existing school |
9 | | buildings, and the acquisition and improvement of school |
10 | | sites, as the case may be, are required as a result of a |
11 | | projected increase in the enrollment of students in the |
12 | | district; and (B) the sale of bonds for these purposes is |
13 | | authorized by legislation that exempts the debt incurred |
14 | | on the bonds from the district's statutory debt |
15 | | limitation. |
16 | | (iii) The bonds are issued, in one or more bond |
17 | | issues, on or before November 7, 2011, but the aggregate |
18 | | principal amount issued in all such bond issues combined |
19 | | must not exceed $450,000,000. |
20 | | (iv) The bonds are issued in accordance with this |
21 | | Article 19. |
22 | | (v) The proceeds of the bonds are used only to |
23 | | accomplish those projects approved by the voters at the |
24 | | general election held on November 7, 2006. |
25 | | The debt incurred on any bonds issued under this subsection |
26 | | (p-15) shall not be considered indebtedness for purposes of |
|
| | 10300HB4582sam001 | - 104 - | LRB103 35517 JDS 74233 a |
|
|
1 | | any statutory debt limitation. |
2 | | (p-20) In addition to all other authority to issue bonds, |
3 | | the Lincoln-Way Community High School District Number 210 may |
4 | | issue bonds with an aggregate principal amount not to exceed |
5 | | $225,000,000, but only if all of the following conditions are |
6 | | met: |
7 | | (i) The voters of the district have approved a |
8 | | proposition for the bond issue at the general primary |
9 | | election held on March 21, 2006. |
10 | | (ii) At the time of the sale of the bonds, the school |
11 | | board determines, by resolution, that: (A) the building |
12 | | and equipping of the new high school buildings, the |
13 | | altering, repairing, and equipping of existing school |
14 | | buildings, and the improvement of school sites, as the |
15 | | case may be, are required as a result of a projected |
16 | | increase in the enrollment of students in the district; |
17 | | and (B) the sale of bonds for these purposes is authorized |
18 | | by legislation that exempts the debt incurred on the bonds |
19 | | from the district's statutory debt limitation. |
20 | | (iii) The bonds are issued, in one or more bond |
21 | | issues, on or before March 21, 2011, but the aggregate |
22 | | principal amount issued in all such bond issues combined |
23 | | must not exceed $225,000,000. |
24 | | (iv) The bonds are issued in accordance with this |
25 | | Article 19. |
26 | | (v) The proceeds of the bonds are used only to |
|
| | 10300HB4582sam001 | - 105 - | LRB103 35517 JDS 74233 a |
|
|
1 | | accomplish those projects approved by the voters at the |
2 | | primary election held on March 21, 2006. |
3 | | The debt incurred on any bonds issued under this subsection |
4 | | (p-20) shall not be considered indebtedness for purposes of |
5 | | any statutory debt limitation. |
6 | | (p-25) In addition to all other authority to issue bonds, |
7 | | Rochester Community Unit School District 3A may issue bonds |
8 | | with an aggregate principal amount not to exceed $18,500,000, |
9 | | but only if all of the following conditions are met: |
10 | | (i) The voters of the district approve a proposition |
11 | | for the bond issuance at the general primary election held |
12 | | in 2008. |
13 | | (ii) At the time of the sale of the bonds, the school |
14 | | board determines, by resolution, that: (A) the building |
15 | | and equipping of a new high school building; the addition |
16 | | of classrooms and support facilities at the high school, |
17 | | middle school, and elementary school; the altering, |
18 | | repairing, and equipping of existing school buildings; and |
19 | | the improvement of school sites, as the case may be, are |
20 | | required as a result of a projected increase in the |
21 | | enrollment of students in the district; and (B) the sale |
22 | | of bonds for these purposes is authorized by a law that |
23 | | exempts the debt incurred on the bonds from the district's |
24 | | statutory debt limitation. |
25 | | (iii) The bonds are issued, in one or more bond |
26 | | issues, on or before December 31, 2012, but the aggregate |
|
| | 10300HB4582sam001 | - 106 - | LRB103 35517 JDS 74233 a |
|
|
1 | | principal amount issued in all such bond issues combined |
2 | | must not exceed $18,500,000. |
3 | | (iv) The bonds are issued in accordance with this |
4 | | Article 19. |
5 | | (v) The proceeds of the bonds are used to accomplish |
6 | | only those projects approved by the voters at the primary |
7 | | election held in 2008. |
8 | | The debt incurred on any bonds issued under this subsection |
9 | | (p-25) shall not be considered indebtedness for purposes of |
10 | | any statutory debt limitation. |
11 | | (p-30) In addition to all other authority to issue bonds, |
12 | | Prairie Grove Consolidated School District 46 may issue bonds |
13 | | with an aggregate principal amount not to exceed $30,000,000, |
14 | | but only if all of the following conditions are met: |
15 | | (i) The voters of the district approve a proposition |
16 | | for the bond issuance at an election held in 2008. |
17 | | (ii) At the time of the sale of the bonds, the school |
18 | | board determines, by resolution, that (A) the building and |
19 | | equipping of a new school building and additions to |
20 | | existing school buildings are required as a result of a |
21 | | projected increase in the enrollment of students in the |
22 | | district and (B) the altering, repairing, and equipping of |
23 | | existing school buildings are required because of the age |
24 | | of the existing school buildings. |
25 | | (iii) The bonds are issued, in one or more bond |
26 | | issuances, on or before December 31, 2012; however, the |
|
| | 10300HB4582sam001 | - 107 - | LRB103 35517 JDS 74233 a |
|
|
1 | | aggregate principal amount issued in all such bond |
2 | | issuances combined must not exceed $30,000,000. |
3 | | (iv) The bonds are issued in accordance with this |
4 | | Article. |
5 | | (v) The proceeds of the bonds are used to accomplish |
6 | | only those projects approved by the voters at an election |
7 | | held in 2008. |
8 | | The debt incurred on any bonds issued under this subsection |
9 | | (p-30) shall not be considered indebtedness for purposes of |
10 | | any statutory debt limitation. |
11 | | (p-35) In addition to all other authority to issue bonds, |
12 | | Prairie Hill Community Consolidated School District 133 may |
13 | | issue bonds with an aggregate principal amount not to exceed |
14 | | $13,900,000, but only if all of the following conditions are |
15 | | met: |
16 | | (i) The voters of the district approved a proposition |
17 | | for the bond issuance at an election held on April 17, |
18 | | 2007. |
19 | | (ii) At the time of the sale of the bonds, the school |
20 | | board determines, by resolution, that (A) the improvement |
21 | | of the site of and the building and equipping of a school |
22 | | building are required as a result of a projected increase |
23 | | in the enrollment of students in the district and (B) the |
24 | | repairing and equipping of the Prairie Hill Elementary |
25 | | School building is required because of the age of that |
26 | | school building. |
|
| | 10300HB4582sam001 | - 108 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (iii) The bonds are issued, in one or more bond |
2 | | issuances, on or before December 31, 2011, but the |
3 | | aggregate principal amount issued in all such bond |
4 | | issuances combined must not exceed $13,900,000. |
5 | | (iv) The bonds are issued in accordance with this |
6 | | Article. |
7 | | (v) The proceeds of the bonds are used to accomplish |
8 | | only those projects approved by the voters at an election |
9 | | held on April 17, 2007. |
10 | | The debt incurred on any bonds issued under this subsection |
11 | | (p-35) shall not be considered indebtedness for purposes of |
12 | | any statutory debt limitation. |
13 | | (p-40) In addition to all other authority to issue bonds, |
14 | | Mascoutah Community Unit District 19 may issue bonds with an |
15 | | aggregate principal amount not to exceed $55,000,000, but only |
16 | | if all of the following conditions are met: |
17 | | (1) The voters of the district approve a proposition |
18 | | for the bond issuance at a regular election held on or |
19 | | after November 4, 2008. |
20 | | (2) At the time of the sale of the bonds, the school |
21 | | board determines, by resolution, that (i) the building and |
22 | | equipping of a new high school building is required as a |
23 | | result of a projected increase in the enrollment of |
24 | | students in the district and the age and condition of the |
25 | | existing high school building, (ii) the existing high |
26 | | school building will be demolished, and (iii) the sale of |
|
| | 10300HB4582sam001 | - 109 - | LRB103 35517 JDS 74233 a |
|
|
1 | | bonds is authorized by statute that exempts the debt |
2 | | incurred on the bonds from the district's statutory debt |
3 | | limitation. |
4 | | (3) The bonds are issued, in one or more bond |
5 | | issuances, on or before December 31, 2011, but the |
6 | | aggregate principal amount issued in all such bond |
7 | | issuances combined must not exceed $55,000,000. |
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 a regular |
12 | | election held on or after November 4, 2008. |
13 | | The debt incurred on any bonds issued under this |
14 | | subsection (p-40) shall not be considered indebtedness for |
15 | | purposes of any statutory debt limitation. |
16 | | (p-45) Notwithstanding the provisions of subsection (a) of |
17 | | this Section or of any other law, bonds issued pursuant to |
18 | | Section 19-3.5 of this Code shall not be considered |
19 | | indebtedness for purposes of any statutory limitation if the |
20 | | bonds are issued in an amount or amounts, including existing |
21 | | indebtedness of the school district, not in excess of 18.5% of |
22 | | the value of the taxable property in the district to be |
23 | | ascertained by the last assessment for State and county taxes. |
24 | | (p-50) Notwithstanding the provisions of subsection (a) of |
25 | | this Section or of any other law, bonds issued pursuant to |
26 | | Section 19-3.10 of this Code shall not be considered |
|
| | 10300HB4582sam001 | - 110 - | LRB103 35517 JDS 74233 a |
|
|
1 | | indebtedness for purposes of any statutory limitation if the |
2 | | bonds are issued in an amount or amounts, including existing |
3 | | indebtedness of the school district, not in excess of 43% of |
4 | | the value of the taxable property in the district to be |
5 | | ascertained by the last assessment for State and county taxes. |
6 | | (p-55) In addition to all other authority to issue bonds, |
7 | | Belle Valley School District 119 may issue bonds with an |
8 | | aggregate principal amount not to exceed $47,500,000, but only |
9 | | if all of the following conditions are met: |
10 | | (1) The voters of the district approve a proposition |
11 | | for the bond issuance at an election held on or after April |
12 | | 7, 2009. |
13 | | (2) Prior to the issuance of the bonds, the school |
14 | | board determines, by resolution, that (i) the building and |
15 | | equipping of a new school building is required as a result |
16 | | of mine subsidence in an existing school building and |
17 | | because of the age and condition of another existing |
18 | | school building and (ii) the issuance of bonds is |
19 | | authorized by statute that exempts the debt incurred on |
20 | | the bonds from the district's statutory debt limitation. |
21 | | (3) The bonds are issued, in one or more bond |
22 | | issuances, on or before March 31, 2014, but the aggregate |
23 | | principal amount issued in all such bond issuances |
24 | | combined must not exceed $47,500,000. |
25 | | (4) The bonds are issued in accordance with this |
26 | | Article. |
|
| | 10300HB4582sam001 | - 111 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (5) The proceeds of the bonds are used to accomplish |
2 | | only those projects approved by the voters at an election |
3 | | held on or after April 7, 2009. |
4 | | The debt incurred on any bonds issued under this |
5 | | subsection (p-55) shall not be considered indebtedness for |
6 | | purposes of any statutory debt limitation. Bonds issued under |
7 | | this subsection (p-55) must mature within not to exceed 30 |
8 | | years from their date, notwithstanding any other law to the |
9 | | contrary. |
10 | | (p-60) In addition to all other authority to issue bonds, |
11 | | Wilmington Community Unit School District Number 209-U may |
12 | | issue bonds with an aggregate principal amount not to exceed |
13 | | $2,285,000, but only if all of the following conditions are |
14 | | met: |
15 | | (1) The proceeds of the bonds are used to accomplish |
16 | | only those projects approved by the voters at the general |
17 | | primary election held on March 21, 2006. |
18 | | (2) Prior to the issuance of the bonds, the school |
19 | | board determines, by resolution, that (i) the projects |
20 | | approved by the voters were and are required because of |
21 | | the age and condition of the school district's prior and |
22 | | existing school buildings and (ii) the issuance of the |
23 | | bonds is authorized by legislation that exempts the debt |
24 | | incurred on the bonds from the district's statutory debt |
25 | | limitation. |
26 | | (3) The bonds are issued in one or more bond issuances |
|
| | 10300HB4582sam001 | - 112 - | LRB103 35517 JDS 74233 a |
|
|
1 | | on or before March 1, 2011, but the aggregate principal |
2 | | amount issued in all those bond issuances combined must |
3 | | not exceed $2,285,000. |
4 | | (4) The bonds are issued in accordance with this |
5 | | Article. |
6 | | The debt incurred on any bonds issued under this |
7 | | subsection (p-60) shall not be considered indebtedness for |
8 | | purposes of any statutory debt limitation. |
9 | | (p-65) In addition to all other authority to issue bonds, |
10 | | West Washington County Community Unit School District 10 may |
11 | | issue bonds with an aggregate principal amount not to exceed |
12 | | $32,200,000 and maturing over a period not exceeding 25 years, |
13 | | but only if all of the following conditions are met: |
14 | | (1) The voters of the district approve a proposition |
15 | | for the bond issuance at an election held on or after |
16 | | February 2, 2010. |
17 | | (2) Prior to the issuance of the bonds, the school |
18 | | board determines, by resolution, that (A) all or a portion |
19 | | of the existing Okawville Junior/Senior High School |
20 | | Building will be demolished; (B) the building and |
21 | | equipping of a new school building to be attached to and |
22 | | the alteration, repair, and equipping of the remaining |
23 | | portion of the Okawville Junior/Senior High School |
24 | | Building is required because of the age and current |
25 | | condition of that school building; and (C) the issuance of |
26 | | bonds is authorized by a statute that exempts the debt |
|
| | 10300HB4582sam001 | - 113 - | LRB103 35517 JDS 74233 a |
|
|
1 | | incurred on the bonds from the district's statutory debt |
2 | | limitation. |
3 | | (3) The bonds are issued, in one or more bond |
4 | | issuances, on or before March 31, 2014, but the aggregate |
5 | | principal amount issued in all such bond issuances |
6 | | combined must not exceed $32,200,000. |
7 | | (4) The bonds are issued in accordance with this |
8 | | Article. |
9 | | (5) The proceeds of the bonds are used to accomplish |
10 | | only those projects approved by the voters at an election |
11 | | held on or after February 2, 2010. |
12 | | The debt incurred on any bonds issued under this |
13 | | subsection (p-65) shall not be considered indebtedness for |
14 | | purposes of any statutory debt limitation. |
15 | | (p-70) In addition to all other authority to issue bonds, |
16 | | Cahokia Community Unit School District 187 may issue bonds |
17 | | with an aggregate principal amount not to exceed $50,000,000, |
18 | | but only if all the following conditions are met: |
19 | | (1) The voters of the district approve a proposition |
20 | | for the bond issuance at an election held on or after |
21 | | November 2, 2010. |
22 | | (2) Prior to the issuance of the bonds, the school |
23 | | board determines, by resolution, that (i) the building and |
24 | | equipping of a new school building is required as a result |
25 | | of the age and condition of an existing school building |
26 | | and (ii) the issuance of bonds is authorized by a statute |
|
| | 10300HB4582sam001 | - 114 - | LRB103 35517 JDS 74233 a |
|
|
1 | | that exempts the debt incurred on the bonds from the |
2 | | district's statutory debt limitation. |
3 | | (3) The bonds are issued, in one or more issuances, on |
4 | | or before July 1, 2016, but the aggregate principal amount |
5 | | issued in all such bond issuances combined must not exceed |
6 | | $50,000,000. |
7 | | (4) The bonds are issued in accordance with this |
8 | | Article. |
9 | | (5) The proceeds of the bonds are used to accomplish |
10 | | only those projects approved by the voters at an election |
11 | | held on or after November 2, 2010. |
12 | | The debt incurred on any bonds issued under this |
13 | | subsection (p-70) shall not be considered indebtedness for |
14 | | purposes of any statutory debt limitation. Bonds issued under |
15 | | this subsection (p-70) must mature within not to exceed 25 |
16 | | years from their date, notwithstanding any other law, |
17 | | including Section 19-3 of this Code, to the contrary. |
18 | | (p-75) Notwithstanding the debt limitation prescribed in |
19 | | subsection (a) of this Section or any other provisions of this |
20 | | Section or of any other law, the execution of leases on or |
21 | | after January 1, 2007 and before July 1, 2011 by the Board of |
22 | | Education of Peoria School District 150 with a public building |
23 | | commission for leases entered into pursuant to the Public |
24 | | Building Commission Act shall not be considered indebtedness |
25 | | for purposes of any statutory debt limitation. |
26 | | This subsection (p-75) applies only if the State Board of |
|
| | 10300HB4582sam001 | - 115 - | LRB103 35517 JDS 74233 a |
|
|
1 | | Education or the Capital Development Board makes one or more |
2 | | grants to Peoria School District 150 pursuant to the School |
3 | | Construction Law. The amount exempted from the debt limitation |
4 | | as prescribed in this subsection (p-75) shall be no greater |
5 | | than the amount of one or more grants awarded to Peoria School |
6 | | District 150 by the State Board of Education or the Capital |
7 | | Development Board. |
8 | | (p-80) In addition to all other authority to issue bonds, |
9 | | Ridgeland School District 122 may issue bonds with an |
10 | | aggregate principal amount not to exceed $50,000,000 for the |
11 | | purpose of refunding or continuing to refund bonds originally |
12 | | issued pursuant to voter approval at the general election held |
13 | | on November 7, 2000, and the debt incurred on any bonds issued |
14 | | under this subsection (p-80) shall not be considered |
15 | | indebtedness for purposes of any statutory debt limitation. |
16 | | Bonds issued under this subsection (p-80) may be issued in one |
17 | | or more issuances and must mature within not to exceed 25 years |
18 | | from their date, notwithstanding any other law, including |
19 | | Section 19-3 of this Code, to the contrary. |
20 | | (p-85) In addition to all other authority to issue bonds, |
21 | | Hall High School District 502 may issue bonds with an |
22 | | aggregate principal amount not to exceed $32,000,000, but only |
23 | | if all the following conditions are met: |
24 | | (1) The voters of the district approve a proposition |
25 | | for the bond issuance at an election held on or after April |
26 | | 9, 2013. |
|
| | 10300HB4582sam001 | - 116 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (2) Prior to the issuance of the bonds, the school |
2 | | board determines, by resolution, that (i) the building and |
3 | | equipping of a new school building is required as a result |
4 | | of the age and condition of an existing school building, |
5 | | (ii) the existing school building should be demolished in |
6 | | its entirety or the existing school building should be |
7 | | demolished except for the 1914 west wing of the building, |
8 | | and (iii) the issuance of bonds is authorized by a statute |
9 | | that exempts the debt incurred on the bonds from the |
10 | | district's statutory debt limitation. |
11 | | (3) The bonds are issued, in one or more issuances, |
12 | | not later than 5 years after the date of the referendum |
13 | | approving the issuance of the bonds, but the aggregate |
14 | | principal amount issued in all such bond issuances |
15 | | combined must not exceed $32,000,000. |
16 | | (4) The bonds are issued in accordance with this |
17 | | Article. |
18 | | (5) The proceeds of the bonds are used to accomplish |
19 | | only those projects approved by the voters at an election |
20 | | held on or after April 9, 2013. |
21 | | The debt incurred on any bonds issued under this |
22 | | subsection (p-85) shall not be considered indebtedness for |
23 | | purposes of any statutory debt limitation. Bonds issued under |
24 | | this subsection (p-85) must mature within not to exceed 30 |
25 | | years from their date, notwithstanding any other law, |
26 | | including Section 19-3 of this Code, to the contrary. |
|
| | 10300HB4582sam001 | - 117 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (p-90) In addition to all other authority to issue bonds, |
2 | | Lebanon Community Unit School District 9 may issue bonds with |
3 | | an aggregate principal amount not to exceed $7,500,000, but |
4 | | only if all of the following conditions are met: |
5 | | (1) The voters of the district approved a proposition |
6 | | for the bond issuance at the general primary election on |
7 | | February 2, 2010. |
8 | | (2) At or prior to the time of the sale of the bonds, |
9 | | the school board determines, by resolution, that (i) the |
10 | | building and equipping of a new elementary school building |
11 | | is required as a result of a projected increase in the |
12 | | enrollment of students in the district and the age and |
13 | | condition of the existing Lebanon Elementary School |
14 | | building, (ii) a portion of the existing Lebanon |
15 | | Elementary School building will be demolished and the |
16 | | remaining portion will be altered, repaired, and equipped, |
17 | | and (iii) the sale of bonds is authorized by a statute that |
18 | | exempts the debt incurred on the bonds from the district's |
19 | | statutory debt limitation. |
20 | | (3) The bonds are issued, in one or more bond |
21 | | issuances, on or before April 1, 2014, but the aggregate |
22 | | principal amount issued in all such bond issuances |
23 | | combined must not exceed $7,500,000. |
24 | | (4) The bonds are issued in accordance with this |
25 | | Article. |
26 | | (5) The proceeds of the bonds are used to accomplish |
|
| | 10300HB4582sam001 | - 118 - | LRB103 35517 JDS 74233 a |
|
|
1 | | only those projects approved by the voters at the general |
2 | | primary election held on February 2, 2010. |
3 | | The debt incurred on any bonds issued under this |
4 | | subsection (p-90) shall not be considered indebtedness for |
5 | | purposes of any statutory debt limitation. |
6 | | (p-95) In addition to all other authority to issue bonds, |
7 | | Monticello Community Unit School District 25 may issue bonds |
8 | | with an aggregate principal amount not to exceed $35,000,000, |
9 | | but only if all of the following conditions are met: |
10 | | (1) The voters of the district approve a proposition |
11 | | for the bond issuance at an election held on or after |
12 | | November 4, 2014. |
13 | | (2) Prior to the issuance of the bonds, the school |
14 | | board determines, by resolution, that (i) the building and |
15 | | equipping of a new school building is required as a result |
16 | | of the age and condition of an existing school building |
17 | | and (ii) the issuance of bonds is authorized by a statute |
18 | | that exempts the debt incurred on the bonds from the |
19 | | district's statutory debt limitation. |
20 | | (3) The bonds are issued, in one or more issuances, on |
21 | | or before July 1, 2020, but the aggregate principal amount |
22 | | issued in all such bond issuances combined must not exceed |
23 | | $35,000,000. |
24 | | (4) The bonds are issued in accordance with this |
25 | | Article. |
26 | | (5) The proceeds of the bonds are used to accomplish |
|
| | 10300HB4582sam001 | - 119 - | LRB103 35517 JDS 74233 a |
|
|
1 | | only those projects approved by the voters at an election |
2 | | held on or after November 4, 2014. |
3 | | The debt incurred on any bonds issued under this |
4 | | subsection (p-95) shall not be considered indebtedness for |
5 | | purposes of any statutory debt limitation. Bonds issued under |
6 | | this subsection (p-95) must mature within not to exceed 25 |
7 | | years from their date, notwithstanding any other law, |
8 | | including Section 19-3 of this Code, to the contrary. |
9 | | (p-100) In addition to all other authority to issue bonds, |
10 | | the community unit school district created in the territory |
11 | | comprising Milford Community Consolidated School District 280 |
12 | | and Milford Township High School District 233, as approved at |
13 | | the general primary election held on March 18, 2014, may issue |
14 | | bonds with an aggregate principal amount not to exceed |
15 | | $17,500,000, but only if all the following conditions are met: |
16 | | (1) The voters of the district approve a proposition |
17 | | for the bond issuance at an election held on or after |
18 | | November 4, 2014. |
19 | | (2) Prior to the issuance of the bonds, the school |
20 | | board determines, by resolution, that (i) the building and |
21 | | equipping of a new school building is required as a result |
22 | | of the age and condition of an existing school building |
23 | | and (ii) the issuance of bonds is authorized by a statute |
24 | | that exempts the debt incurred on the bonds from the |
25 | | district's statutory debt limitation. |
26 | | (3) The bonds are issued, in one or more issuances, on |
|
| | 10300HB4582sam001 | - 120 - | LRB103 35517 JDS 74233 a |
|
|
1 | | or before July 1, 2020, but the aggregate principal amount |
2 | | issued in all such bond issuances combined must not exceed |
3 | | $17,500,000. |
4 | | (4) The bonds are issued in accordance with this |
5 | | Article. |
6 | | (5) The proceeds of the bonds are used to accomplish |
7 | | only those projects approved by the voters at an election |
8 | | held on or after November 4, 2014. |
9 | | The debt incurred on any bonds issued under this |
10 | | subsection (p-100) shall not be considered indebtedness for |
11 | | purposes of any statutory debt limitation. Bonds issued under |
12 | | this subsection (p-100) must mature within not to exceed 25 |
13 | | years from their date, notwithstanding any other law, |
14 | | including Section 19-3 of this Code, to the contrary. |
15 | | (p-105) In addition to all other authority to issue bonds, |
16 | | North Shore School District 112 may issue bonds with an |
17 | | aggregate principal amount not to exceed $150,000,000, but |
18 | | only 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 March |
21 | | 15, 2016. |
22 | | (2) Prior to the issuance of the bonds, the school |
23 | | board determines, by resolution, that (i) the building and |
24 | | equipping of new buildings and improving the sites thereof |
25 | | and the building and equipping of additions to, altering, |
26 | | repairing, equipping, and renovating existing buildings |
|
| | 10300HB4582sam001 | - 121 - | LRB103 35517 JDS 74233 a |
|
|
1 | | and improving the sites thereof are required as a result |
2 | | of the age and condition of the district's existing |
3 | | buildings and (ii) the issuance of bonds is authorized by |
4 | | a statute that exempts the debt incurred on the bonds from |
5 | | the district's statutory debt limitation. |
6 | | (3) The bonds are issued, in one or more issuances, |
7 | | not later than 5 years after the date of the referendum |
8 | | approving the issuance of the bonds, but the aggregate |
9 | | principal amount issued in all such bond issuances |
10 | | combined must not exceed $150,000,000. |
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 March 15, 2016. |
16 | | The debt incurred on any bonds issued under this |
17 | | subsection (p-105) and on any bonds issued to refund or |
18 | | continue to refund such bonds shall not be considered |
19 | | indebtedness for purposes of any statutory debt limitation. |
20 | | Bonds issued under this subsection (p-105) and any bonds |
21 | | issued to refund or continue to refund such bonds must mature |
22 | | within not to exceed 30 years from their date, notwithstanding |
23 | | any other law, including Section 19-3 of this Code, to the |
24 | | contrary. |
25 | | (p-110) In addition to all other authority to issue bonds, |
26 | | Sandoval Community Unit School District 501 may issue bonds |
|
| | 10300HB4582sam001 | - 122 - | LRB103 35517 JDS 74233 a |
|
|
1 | | with an aggregate principal amount not to exceed $2,000,000, |
2 | | but only if all of the following conditions are met: |
3 | | (1) The voters of the district approved a proposition |
4 | | for the bond issuance at an election held on March 20, |
5 | | 2012. |
6 | | (2) Prior to the issuance of the bonds, the school |
7 | | board determines, by resolution, that (i) the building and |
8 | | equipping of a new school building is required because of |
9 | | the age and current condition of the Sandoval Elementary |
10 | | School building and (ii) the issuance of bonds is |
11 | | authorized by a statute that exempts the debt incurred on |
12 | | the bonds from the district's statutory debt limitation. |
13 | | (3) The bonds are issued, in one or more bond |
14 | | issuances, on or before March 19, 2022, but the aggregate |
15 | | principal amount issued in all such bond issuances |
16 | | combined must not exceed $2,000,000. |
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 the election |
21 | | held on March 20, 2012. |
22 | | The debt incurred on any bonds issued under this |
23 | | subsection (p-110) and on any bonds issued to refund or |
24 | | continue to refund the bonds shall not be considered |
25 | | indebtedness for purposes of any statutory debt limitation. |
26 | | (p-115) In addition to all other authority to issue bonds, |
|
| | 10300HB4582sam001 | - 123 - | LRB103 35517 JDS 74233 a |
|
|
1 | | Bureau Valley Community Unit School District 340 may issue |
2 | | bonds with an aggregate principal amount not to exceed |
3 | | $25,000,000, but only if all of the following conditions are |
4 | | met: |
5 | | (1) The voters of the district approve a proposition |
6 | | for the bond issuance at an election held on or after March |
7 | | 15, 2016. |
8 | | (2) Prior to the issuances of the bonds, the school |
9 | | board determines, by resolution, that (i) the renovating |
10 | | and equipping of some existing school buildings, the |
11 | | building and equipping of new school buildings, and the |
12 | | demolishing of some existing school buildings are required |
13 | | as a result of the age and condition of existing school |
14 | | buildings and (ii) the issuance of bonds is authorized by |
15 | | a statute that exempts the debt incurred on the bonds from |
16 | | the district's statutory debt limitation. |
17 | | (3) The bonds are issued, in one or more issuances, on |
18 | | or before July 1, 2021, but the aggregate principal amount |
19 | | issued in all such bond issuances combined must not exceed |
20 | | $25,000,000. |
21 | | (4) The bonds are issued in accordance with this |
22 | | Article. |
23 | | (5) The proceeds of the bonds are used to accomplish |
24 | | only those projects approved by the voters at an election |
25 | | held on or after March 15, 2016. |
26 | | The debt incurred on any bonds issued under this |
|
| | 10300HB4582sam001 | - 124 - | LRB103 35517 JDS 74233 a |
|
|
1 | | subsection (p-115) shall not be considered indebtedness for |
2 | | purposes of any statutory debt limitation. Bonds issued under |
3 | | this subsection (p-115) must mature within not to exceed 30 |
4 | | years from their date, notwithstanding any other law, |
5 | | including Section 19-3 of this Code, to the contrary. |
6 | | (p-120) In addition to all other authority to issue bonds, |
7 | | Paxton-Buckley-Loda Community Unit School District 10 may |
8 | | issue bonds with an aggregate principal amount not to exceed |
9 | | $28,500,000, but only if all the following conditions are met: |
10 | | (1) The voters of the district approve a proposition |
11 | | for the bond issuance at an election held on or after |
12 | | November 8, 2016. |
13 | | (2) Prior to the issuance of the bonds, the school |
14 | | board determines, by resolution, that (i) the projects as |
15 | | described in said proposition, relating to the building |
16 | | and equipping of one or more school buildings or additions |
17 | | to existing school buildings, are required as a result of |
18 | | the age and condition of the District's existing buildings |
19 | | and (ii) the issuance of bonds is authorized by a statute |
20 | | that exempts the debt incurred on the bonds from the |
21 | | district's statutory debt limitation. |
22 | | (3) The bonds are issued, in one or more issuances, |
23 | | not later than 5 years after the date of the referendum |
24 | | approving the issuance of the bonds, but the aggregate |
25 | | principal amount issued in all such bond issuances |
26 | | combined must not exceed $28,500,000. |
|
| | 10300HB4582sam001 | - 125 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (4) The bonds are issued in accordance with this |
2 | | Article. |
3 | | (5) The proceeds of the bonds are used to accomplish |
4 | | only those projects approved by the voters at an election |
5 | | held on or after November 8, 2016. |
6 | | The debt incurred on any bonds issued under this |
7 | | subsection (p-120) and on any bonds issued to refund or |
8 | | continue to refund such bonds shall not be considered |
9 | | indebtedness for purposes of any statutory debt limitation. |
10 | | Bonds issued under this subsection (p-120) and any bonds |
11 | | issued to refund or continue to refund such bonds must mature |
12 | | within not to exceed 25 years from their date, notwithstanding |
13 | | any other law, including Section 19-3 of this Code, to the |
14 | | contrary. |
15 | | (p-125) In addition to all other authority to issue bonds, |
16 | | Hillsboro Community Unit School District 3 may issue bonds |
17 | | with an aggregate principal amount not to exceed $34,500,000, |
18 | | but only if all the following conditions are met: |
19 | | (1) The voters of the district approve a proposition |
20 | | for the bond issuance at an election held on or after March |
21 | | 15, 2016. |
22 | | (2) Prior to the issuance of the bonds, the school |
23 | | board determines, by resolution, that (i) altering, |
24 | | repairing, and equipping the high school |
25 | | agricultural/vocational building, demolishing the high |
26 | | school main, cafeteria, and gym buildings, building and |
|
| | 10300HB4582sam001 | - 126 - | LRB103 35517 JDS 74233 a |
|
|
1 | | equipping a school building, and improving sites are |
2 | | required as a result of the age and condition of the |
3 | | district's existing buildings and (ii) the issuance of |
4 | | bonds is authorized by a statute that exempts the debt |
5 | | incurred on the bonds from the district's statutory debt |
6 | | limitation. |
7 | | (3) The bonds are issued, in one or more issuances, |
8 | | not later than 5 years after the date of the referendum |
9 | | approving the issuance of the bonds, but the aggregate |
10 | | principal amount issued in all such bond issuances |
11 | | combined must not exceed $34,500,000. |
12 | | (4) The bonds are issued in accordance with this |
13 | | Article. |
14 | | (5) The proceeds of the bonds are used to accomplish |
15 | | only those projects approved by the voters at an election |
16 | | held on or after March 15, 2016. |
17 | | The debt incurred on any bonds issued under this |
18 | | subsection (p-125) and on any bonds issued to refund or |
19 | | continue to refund such bonds shall not be considered |
20 | | indebtedness for purposes of any statutory debt limitation. |
21 | | Bonds issued under this subsection (p-125) and any bonds |
22 | | issued to refund or continue to refund such bonds must mature |
23 | | within not to exceed 25 years from their date, notwithstanding |
24 | | any other law, including Section 19-3 of this Code, to the |
25 | | contrary. |
26 | | (p-130) In addition to all other authority to issue bonds, |
|
| | 10300HB4582sam001 | - 127 - | LRB103 35517 JDS 74233 a |
|
|
1 | | Waltham Community Consolidated School District 185 may incur |
2 | | indebtedness in an aggregate principal amount not to exceed |
3 | | $9,500,000 to build and equip a new school building and |
4 | | improve the site thereof, but only if all the following |
5 | | conditions are met: |
6 | | (1) A majority of the voters of the district voting on |
7 | | an advisory question voted in favor of the question |
8 | | regarding the use of funding sources to build a new school |
9 | | building without increasing property tax rates at the |
10 | | general election held on November 8, 2016. |
11 | | (2) Prior to incurring the debt, the school board |
12 | | enters into intergovernmental agreements with the City of |
13 | | LaSalle to pledge moneys in a special tax allocation fund |
14 | | associated with tax increment financing districts LaSalle |
15 | | I and LaSalle III and with the Village of Utica to pledge |
16 | | moneys in a special tax allocation fund associated with |
17 | | tax increment financing district Utica I for the purposes |
18 | | of repaying the debt issued pursuant to this subsection |
19 | | (p-130). Notwithstanding any other provision of law to the |
20 | | contrary, the intergovernmental agreement may extend these |
21 | | tax increment financing districts as necessary to ensure |
22 | | repayment of the debt. |
23 | | (3) Prior to incurring the debt, the school board |
24 | | determines, by resolution, that (i) the building and |
25 | | equipping of a new school building is required as a result |
26 | | of the age and condition of the district's existing |
|
| | 10300HB4582sam001 | - 128 - | LRB103 35517 JDS 74233 a |
|
|
1 | | buildings and (ii) the debt is authorized by a statute |
2 | | that exempts the debt from the district's statutory debt |
3 | | limitation. |
4 | | (4) The debt is incurred, in one or more issuances, |
5 | | not later than January 1, 2021, and the aggregate |
6 | | principal amount of debt issued in all such issuances |
7 | | combined must not exceed $9,500,000. |
8 | | The debt incurred under this subsection (p-130) and on any |
9 | | bonds issued to pay, refund, or continue to refund such debt |
10 | | shall not be considered indebtedness for purposes of any |
11 | | statutory debt limitation. Debt issued under this subsection |
12 | | (p-130) and any bonds issued to pay, refund, or continue to |
13 | | refund such debt must mature within not to exceed 25 years from |
14 | | their date, notwithstanding any other law, including Section |
15 | | 19-11 of this Code and subsection (b) of Section 17 of the |
16 | | Local Government Debt Reform Act, to the contrary. |
17 | | (p-133) Notwithstanding the provisions of subsection (a) |
18 | | of this Section or of any other law, bonds heretofore or |
19 | | hereafter issued by East Prairie School District 73 with an |
20 | | aggregate principal amount not to exceed $47,353,147 and |
21 | | approved by the voters of the district at the general election |
22 | | held on November 8, 2016, and any bonds issued to refund or |
23 | | continue to refund the bonds, shall not be considered |
24 | | indebtedness for the purposes of any statutory debt limitation |
25 | | and may mature within not to exceed 25 years from their date, |
26 | | notwithstanding any other law, including Section 19-3 of this |
|
| | 10300HB4582sam001 | - 129 - | LRB103 35517 JDS 74233 a |
|
|
1 | | Code, to the contrary. |
2 | | (p-135) In addition to all other authority to issue bonds, |
3 | | Brookfield LaGrange Park School District Number 95 may issue |
4 | | bonds with an aggregate principal amount not to exceed |
5 | | $20,000,000, but only if all the following conditions are met: |
6 | | (1) The voters of the district approve a proposition |
7 | | for the bond issuance at an election held on or after April |
8 | | 4, 2017. |
9 | | (2) Prior to the issuance of the bonds, the school |
10 | | board determines, by resolution, that (i) the additions |
11 | | and renovations to the Brook Park Elementary and S. E. |
12 | | Gross Middle School buildings are required to accommodate |
13 | | enrollment growth, replace outdated facilities, and create |
14 | | spaces consistent with 21st century learning and (ii) the |
15 | | issuance of the bonds is authorized by a statute that |
16 | | exempts the debt incurred on the bonds from the district's |
17 | | statutory debt limitation. |
18 | | (3) The bonds are issued, in one or more issuances, |
19 | | not later than 5 years after the date of the referendum |
20 | | approving the issuance of the bonds, but the aggregate |
21 | | principal amount issued in all such bond issuances |
22 | | combined must not exceed $20,000,000. |
23 | | (4) The bonds are issued in accordance with this |
24 | | Article. |
25 | | (5) The proceeds of the bonds are used to accomplish |
26 | | only those projects approved by the voters at an election |
|
| | 10300HB4582sam001 | - 130 - | LRB103 35517 JDS 74233 a |
|
|
1 | | held on or after April 4, 2017. |
2 | | The debt incurred on any bonds issued under this |
3 | | subsection (p-135) and on any bonds issued to refund or |
4 | | continue to refund such bonds shall not be considered |
5 | | indebtedness for purposes of any statutory debt limitation. |
6 | | (p-140) The debt incurred on any bonds issued by Wolf |
7 | | Branch School District 113 under Section 17-2.11 of this Code |
8 | | for the purpose of repairing or replacing all or a portion of a |
9 | | school building that has been damaged by mine subsidence in an |
10 | | aggregate principal amount not to exceed $17,500,000 and on |
11 | | any bonds issued to refund or continue to refund those bonds |
12 | | shall not be considered indebtedness for purposes of any |
13 | | statutory debt limitation and must mature no later than 25 |
14 | | years from the date of issuance, notwithstanding any other |
15 | | provision of law to the contrary, including Section 19-3 of |
16 | | this Code. The maximum allowable amount of debt exempt from |
17 | | statutory debt limitations under this subsection (p-140) shall |
18 | | be reduced by an amount equal to any grants awarded by the |
19 | | State Board of Education or Capital Development Board for the |
20 | | explicit purpose of repairing or reconstructing a school |
21 | | building damaged by mine subsidence. |
22 | | (p-145) In addition to all other authority to issue bonds, |
23 | | Greenview Community Unit School District 200 may issue bonds |
24 | | with an aggregate principal amount not to exceed $3,500,000, |
25 | | but only if all of the following conditions are met: |
26 | | (1) The voters of the district approve a proposition |
|
| | 10300HB4582sam001 | - 131 - | LRB103 35517 JDS 74233 a |
|
|
1 | | for the bond issuance at an election held on March 17, |
2 | | 2020. |
3 | | (2) Prior to the issuance of the bonds, the school |
4 | | board determines, by resolution, that the bonding is |
5 | | necessary for construction and expansion of the district's |
6 | | kindergarten through grade 12 facility. |
7 | | (3) The bonds are issued, in one or more issuances, |
8 | | not later than 5 years after the date of the referendum |
9 | | approving the issuance of the bonds, but the aggregate |
10 | | principal amount issued in all such bond issuances |
11 | | combined must not exceed $3,500,000. |
12 | | (4) The bonds are issued in accordance with this |
13 | | Article. |
14 | | (5) The proceeds of the bonds are used to accomplish |
15 | | only the projects approved by the voters at an election |
16 | | held on March 17, 2020. |
17 | | The debt incurred on any bonds issued under this |
18 | | subsection (p-145) and on any bonds issued to refund or |
19 | | continue to refund such bonds shall not be considered |
20 | | indebtedness for purposes of any statutory debt limitation. |
21 | | Bonds issued under this subsection (p-145) and any bonds |
22 | | issued to refund or continue to refund such bonds must mature |
23 | | within not to exceed 25 years from their date, notwithstanding |
24 | | any other law, including Section 19-3 of this Code, to the |
25 | | contrary. |
26 | | (p-150) In addition to all other authority to issue bonds, |
|
| | 10300HB4582sam001 | - 132 - | LRB103 35517 JDS 74233 a |
|
|
1 | | Komarek School District 94 may issue bonds with an aggregate |
2 | | principal amount not to exceed $20,800,000, but only if all of |
3 | | the following conditions are met: |
4 | | (1) The voters of the district approve a proposition |
5 | | for the bond issuance at an election held on or after March |
6 | | 17, 2020. |
7 | | (2) Prior to the issuance of the bonds, the school |
8 | | board determines, by resolution, that (i) building and |
9 | | equipping additions to, altering, repairing, equipping, or |
10 | | demolishing a portion of, or improving the site of the |
11 | | district's existing school building is required as a |
12 | | result of the age and condition of the existing building |
13 | | and (ii) the issuance of the bonds is authorized by a |
14 | | statute that exempts the debt incurred on the bonds from |
15 | | the district's statutory debt limitation. |
16 | | (3) The bonds are issued, in one or more issuances, no |
17 | | later than 5 years after the date of the referendum |
18 | | approving the issuance of the bonds, but the aggregate |
19 | | principal amount issued in all of the bond issuances |
20 | | combined may not exceed $20,800,000. |
21 | | (4) The bonds are issued in accordance with this |
22 | | Article. |
23 | | (5) The proceeds of the bonds are used to accomplish |
24 | | only those projects approved by the voters at an election |
25 | | held on or after March 17, 2020. |
26 | | The debt incurred on any bonds issued under this |
|
| | 10300HB4582sam001 | - 133 - | LRB103 35517 JDS 74233 a |
|
|
1 | | subsection (p-150) and on any bonds issued to refund or |
2 | | continue to refund those bonds may not be considered |
3 | | indebtedness for purposes of any statutory debt limitation. |
4 | | Notwithstanding any other law to the contrary, including |
5 | | Section 19-3, bonds issued under this subsection (p-150) and |
6 | | any bonds issued to refund or continue to refund those bonds |
7 | | must mature within 30 years from their date of issuance. |
8 | | (p-155) In addition to all other authority to issue bonds, |
9 | | Williamsville Community Unit School District 15 may issue |
10 | | bonds with an aggregate principal amount not to exceed |
11 | | $40,000,000, but only if all of the following conditions are |
12 | | met: |
13 | | (1) The voters of the school district approve a |
14 | | proposition for the bond issuance at an election held on |
15 | | March 17, 2020. |
16 | | (2) Prior to the issuance of the bonds, the school |
17 | | board determines, by resolution, that the projects set |
18 | | forth in the proposition for the bond issuance were and |
19 | | are required because of the age and condition of the |
20 | | school district's existing school buildings. |
21 | | (3) The bonds are issued, in one or more issuances, |
22 | | not later than 5 years after the date of the referendum |
23 | | approving the issuance of the bonds, but the aggregate |
24 | | principal amount issued in all such bond issuances |
25 | | combined must not exceed $40,000,000. |
26 | | (4) The bonds are issued in accordance with this |
|
| | 10300HB4582sam001 | - 134 - | LRB103 35517 JDS 74233 a |
|
|
1 | | Article. |
2 | | (5) The proceeds of the bonds are used to accomplish |
3 | | only the projects approved by the voters at an election |
4 | | held on March 17, 2020. |
5 | | The debt incurred on any bonds issued under this |
6 | | subsection (p-155) and on any bonds issued to refund or |
7 | | continue to refund such bonds shall not be considered |
8 | | indebtedness for purposes of any statutory debt limitation. |
9 | | Bonds issued under this subsection (p-155) and any bonds |
10 | | issued to refund or continue to refund such bonds must mature |
11 | | within not to exceed 25 years from their date, notwithstanding |
12 | | any other law, including Section 19-3 of this Code, to the |
13 | | contrary. |
14 | | (p-160) In addition to all other authority to issue bonds, |
15 | | Berkeley School District 87 may issue bonds with an aggregate |
16 | | principal amount not to exceed $105,000,000, but only if all |
17 | | of the following conditions are met: |
18 | | (1) The voters of the district approve a proposition |
19 | | for the bond issuance at the general primary election held |
20 | | on March 17, 2020. |
21 | | (2) Prior to the issuance of the bonds, the school |
22 | | board determines, by resolution, that (i) building and |
23 | | equipping a school building to replace the Sunnyside |
24 | | Intermediate and MacArthur Middle School buildings; |
25 | | building and equipping additions to and altering, |
26 | | repairing, and equipping the Riley Intermediate and |
|
| | 10300HB4582sam001 | - 135 - | LRB103 35517 JDS 74233 a |
|
|
1 | | Northlake Middle School buildings; altering, repairing, |
2 | | and equipping the Whittier Primary and Jefferson Primary |
3 | | School buildings; improving sites; renovating |
4 | | instructional spaces; providing STEM (science, technology, |
5 | | engineering, and mathematics) labs; and constructing life |
6 | | safety, security, and infrastructure improvements are |
7 | | required to replace outdated facilities and to provide |
8 | | safe spaces consistent with 21st century learning and (ii) |
9 | | the issuance of bonds is authorized by a statute that |
10 | | exempts the debt incurred on the bonds from the district's |
11 | | statutory debt limitation. |
12 | | (3) The bonds are issued, in one or more issuances, |
13 | | not later than 5 years after the date of the referendum |
14 | | approving the issuance of the bonds, but the aggregate |
15 | | principal amount issued in all such bond issuances |
16 | | combined must not exceed $105,000,000. |
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 the general |
21 | | primary election held on March 17, 2020. |
22 | | The debt incurred on any bonds issued under this |
23 | | subsection (p-160) and on any bonds issued to refund or |
24 | | continue to refund such bonds shall not be considered |
25 | | indebtedness for purposes of any statutory debt limitation. |
26 | | (p-165) In addition to all other authority to issue bonds, |
|
| | 10300HB4582sam001 | - 136 - | LRB103 35517 JDS 74233 a |
|
|
1 | | Elmwood Park Community Unit School District 401 may issue |
2 | | bonds with an aggregate principal amount not to exceed |
3 | | $55,000,000, but only if all of the following conditions are |
4 | | met: |
5 | | (1) The voters of the district approve a proposition |
6 | | for the bond issuance at an election held on or after March |
7 | | 17, 2020. |
8 | | (2) Prior to the issuance of the bonds, the school |
9 | | board determines, by resolution, that (i) the building and |
10 | | equipping of an addition to the John Mills Elementary |
11 | | School building; the renovating, altering, repairing, and |
12 | | equipping of the John Mills and Elmwood Elementary School |
13 | | buildings; the installation of safety and security |
14 | | improvements; and the improvement of school sites are |
15 | | required as a result of the age and condition of the |
16 | | district's existing school buildings and (ii) the issuance |
17 | | of bonds is authorized by a statute that exempts the debt |
18 | | incurred on the bonds from the district's statutory debt |
19 | | limitation. |
20 | | (3) The bonds are issued, in one or more issuances, |
21 | | not later than 5 years after the date of the referendum |
22 | | approving the issuance of the bonds, but the aggregate |
23 | | principal amount issued in all such bond issuances |
24 | | combined must not exceed $55,000,000. |
25 | | (4) The bonds are issued in accordance with this |
26 | | Article. |
|
| | 10300HB4582sam001 | - 137 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (5) The proceeds of the bonds are used to accomplish |
2 | | only the projects approved by the voters at an election |
3 | | held on or after March 17, 2020. |
4 | | The debt incurred on any bonds issued under this |
5 | | subsection (p-165) and on any bonds issued to refund or |
6 | | continue to refund such bonds shall not be considered |
7 | | indebtedness for purposes of any statutory debt limitation. |
8 | | Bonds issued under this subsection (p-165) and any bonds |
9 | | issued to refund or continue to refund such bonds must mature |
10 | | within not to exceed 25 years from their date, notwithstanding |
11 | | any other law, including Section 19-3 of this Code, to the |
12 | | contrary. |
13 | | (p-170) In addition to all other authority to issue bonds, |
14 | | Maroa-Forsyth Community Unit School District 2 may issue bonds |
15 | | with an aggregate principal amount not to exceed $33,000,000, |
16 | | but only if all of the following conditions are met: |
17 | | (1) The voters of the school district approve a |
18 | | proposition for the bond issuance at an election held on |
19 | | March 17, 2020. |
20 | | (2) Prior to the issuance of the bonds, the school |
21 | | board determines, by resolution, that the projects set |
22 | | forth in the proposition for the bond issuance were and |
23 | | are required because of the age and condition of the |
24 | | school district's existing school buildings. |
25 | | (3) The bonds are issued, in one or more issuances, |
26 | | not later than 5 years after the date of the referendum |
|
| | 10300HB4582sam001 | - 138 - | LRB103 35517 JDS 74233 a |
|
|
1 | | approving the issuance of the bonds, but the aggregate |
2 | | principal amount issued in all such bond issuances |
3 | | combined must not exceed $33,000,000. |
4 | | (4) The bonds are issued in accordance with this |
5 | | Article. |
6 | | (5) The proceeds of the bonds are used to accomplish |
7 | | only the projects approved by the voters at an election |
8 | | held on March 17, 2020. |
9 | | The debt incurred on any bonds issued under this |
10 | | subsection (p-170) and on any bonds issued to refund or |
11 | | continue to refund such bonds shall not be considered |
12 | | indebtedness for purposes of any statutory debt limitation. |
13 | | Bonds issued under this subsection (p-170) and any bonds |
14 | | issued to refund or continue to refund such bonds must mature |
15 | | within not to exceed 25 years from their date, notwithstanding |
16 | | any other law, including Section 19-3 of this Code, to the |
17 | | contrary. |
18 | | (p-175) In addition to all other authority to issue bonds, |
19 | | Schiller Park School District 81 may issue bonds with an |
20 | | aggregate principal amount not to exceed $30,000,000, but only |
21 | | if all of the following conditions are met: |
22 | | (1) The voters of the district approve a proposition |
23 | | for the bond issuance at an election held on or after March |
24 | | 17, 2020. |
25 | | (2) Prior to the issuance of the bonds, the school |
26 | | board determines, by resolution, that (i) building and |
|
| | 10300HB4582sam001 | - 139 - | LRB103 35517 JDS 74233 a |
|
|
1 | | equipping a school building to replace the Washington |
2 | | Elementary School building, installing fire suppression |
3 | | systems, security systems, and federal Americans with |
4 | | Disability Act of 1990 compliance measures, acquiring |
5 | | land, and improving the site are required to accommodate |
6 | | enrollment growth, replace an outdated facility, and |
7 | | create spaces consistent with 21st century learning and |
8 | | (ii) the issuance of bonds is authorized by a statute that |
9 | | exempts the debt incurred on the bonds from the district's |
10 | | statutory debt limitation. |
11 | | (3) The bonds are issued, in one or more issuances, |
12 | | not later than 5 years after the date of the referendum |
13 | | approving the issuance of the bonds, but the aggregate |
14 | | principal amount issued in all such bond issuances |
15 | | combined must not exceed $30,000,000. |
16 | | (4) The bonds are issued in accordance with this |
17 | | Article. |
18 | | (5) The proceeds of the bonds are used to accomplish |
19 | | only the projects approved by the voters at an election |
20 | | held on or after March 17, 2020. |
21 | | The debt incurred on any bonds issued under this |
22 | | subsection (p-175) and on any bonds issued to refund or |
23 | | continue to refund such bonds shall not be considered |
24 | | indebtedness for purposes of any statutory debt limitation. |
25 | | Bonds issued under this subsection (p-175) and any bonds |
26 | | issued to refund or continue to refund such bonds must mature |
|
| | 10300HB4582sam001 | - 140 - | LRB103 35517 JDS 74233 a |
|
|
1 | | within not to exceed 27 years from their date, notwithstanding |
2 | | any other law, including Section 19-3 of this Code, to the |
3 | | contrary. |
4 | | (p-180) In addition to all other authority to issue bonds, |
5 | | Iroquois County Community Unit School District 9 may issue |
6 | | bonds with an aggregate principal amount not to exceed |
7 | | $17,125,000, but only if all of the following conditions are |
8 | | 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 | | 6, 2021. |
12 | | (2) Prior to the issuance of the bonds, the school |
13 | | board determines, by resolution, that (i) building and |
14 | | equipping a new school building in the City of Watseka; |
15 | | altering, repairing, renovating, and equipping portions of |
16 | | the existing facilities of the district; and making site |
17 | | improvements is necessary because of the age and condition |
18 | | of the district's existing school facilities and (ii) the |
19 | | issuance of bonds is authorized by a statute that exempts |
20 | | the debt incurred on the bonds from the district's |
21 | | statutory debt limitation. |
22 | | (3) The bonds are issued, in one or more issuances, |
23 | | not later than 5 years after the date of the referendum |
24 | | approving the issuance of the bonds, but the aggregate |
25 | | principal amount issued in all such bond issuances |
26 | | combined must not exceed $17,125,000. |
|
| | 10300HB4582sam001 | - 141 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (4) The bonds are issued in accordance with this |
2 | | Article. |
3 | | (5) The proceeds of the bonds are used to accomplish |
4 | | only the projects approved by the voters at an election |
5 | | held on or after April 6, 2021. |
6 | | The debt incurred on any bonds issued under this |
7 | | subsection (p-180) and on any bonds issued to refund or |
8 | | continue to refund such bonds shall not be considered |
9 | | indebtedness for purposes of any statutory debt limitation. |
10 | | Bonds issued under this subsection (p-180) and any bonds |
11 | | issued to refund or continue to refund such bonds must mature |
12 | | within not to exceed 25 years from their date, notwithstanding |
13 | | any other law, including Section 19-3 of this Code, to the |
14 | | contrary. |
15 | | (p-185) In addition to all other authority to issue bonds, |
16 | | Field Community Consolidated School District 3 may issue bonds |
17 | | with an aggregate principal amount not to exceed $2,600,000, |
18 | | but only 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 | | 6, 2021. |
22 | | (2) Prior to the issuance of the bonds, the school |
23 | | board determines, by resolution, that (i) it is necessary |
24 | | to alter, repair, renovate, and equip the existing |
25 | | facilities of the district, including, but not limited to, |
26 | | roof replacement, lighting replacement, electrical |
|
| | 10300HB4582sam001 | - 142 - | LRB103 35517 JDS 74233 a |
|
|
1 | | upgrades, restroom repairs, and gym renovations, and make |
2 | | site improvements because of the age and condition of the |
3 | | district's existing school facilities and (ii) the |
4 | | issuance of bonds is authorized by a statute that exempts |
5 | | 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, |
8 | | not later than 5 years after the date of the referendum |
9 | | approving the issuance of the bonds, but the aggregate |
10 | | principal amount issued in all such bond issuances |
11 | | combined must not exceed $2,600,000. |
12 | | (4) The bonds are issued in accordance with this |
13 | | Article. |
14 | | (5) The proceeds of the bonds are used to accomplish |
15 | | only the projects approved by the voters at an election |
16 | | held on or after April 6, 2021. |
17 | | The debt incurred on any bonds issued under this |
18 | | subsection (p-185) and on any bonds issued to refund or |
19 | | continue to refund such bonds shall not be considered |
20 | | indebtedness for purposes of any statutory debt limitation. |
21 | | Bonds issued under this subsection (p-185) and any bonds |
22 | | issued to refund or continue to refund such bonds must mature |
23 | | within not to exceed 25 years from their date, notwithstanding |
24 | | any other law, including Section 19-3 of this Code, to the |
25 | | contrary. |
26 | | (p-190) In addition to all other authority to issue bonds, |
|
| | 10300HB4582sam001 | - 143 - | LRB103 35517 JDS 74233 a |
|
|
1 | | Mahomet-Seymour Community Unit School District 3 may issue |
2 | | bonds with an aggregate principal amount not to exceed |
3 | | $97,900,000, but only if all the following conditions are met: |
4 | | (1) The voters of the district approve a proposition |
5 | | for the bond issuance at an election held on or after June |
6 | | 28, 2022. |
7 | | (2) Prior to the issuance of the bonds, the school |
8 | | board determines, by resolution, that (i) it is necessary |
9 | | to build and equip a new junior high school building, |
10 | | build and equip a new transportation building, and build |
11 | | and equip additions to, renovate, and make site |
12 | | improvements at the Lincoln Trail Elementary building, |
13 | | Middletown Prairie Elementary building, and |
14 | | Mahomet-Seymour High School building and (ii) the issuance |
15 | | of bonds is authorized by a statute that exempts the debt |
16 | | incurred on the bonds from the district's statutory debt |
17 | | limitation. |
18 | | (3) The bonds are issued, in one or more issuances, |
19 | | not later than 5 years after the date of the referendum |
20 | | approving the issuance of the bonds, but the aggregate |
21 | | principal amount issued in all such bond issuances |
22 | | combined must not exceed $97,900,000. |
23 | | (4) The bonds are issued in accordance with this |
24 | | Article. |
25 | | (5) The proceeds of the bonds are used to accomplish |
26 | | only the projects approved by the voters at an election |
|
| | 10300HB4582sam001 | - 144 - | LRB103 35517 JDS 74233 a |
|
|
1 | | held on or after June 28, 2022. |
2 | | The debt incurred on any bonds issued under this |
3 | | subsection (p-190) and on any bonds issued to refund or |
4 | | continue to refund such bonds shall not be considered |
5 | | indebtedness for purposes of any statutory debt limitation. |
6 | | Bonds issued under this subsection (p-190) and any bonds |
7 | | issued to refund or continue to refund such bonds must mature |
8 | | within not to exceed 25 years from their date, notwithstanding |
9 | | any other law, including Section 19-3 of this Code, to the |
10 | | contrary. |
11 | | (p-195) In addition to all other authority to issue bonds, |
12 | | New Berlin Community Unit School District 16 may issue bonds |
13 | | with an aggregate principal amount not to exceed $23,500,000, |
14 | | but only if all the following conditions are met: |
15 | | (1) The voters of the district approve a proposition |
16 | | for the bond issuance at an election held on or after June |
17 | | 28, 2022. |
18 | | (2) Prior to the issuance of the bonds, the school |
19 | | board determines, by resolution, that (i) it is necessary |
20 | | to alter, repair, and equip the junior/senior high school |
21 | | building, including creating new classroom, gym, and other |
22 | | instructional spaces, renovating the J.V. Kirby Pretzel |
23 | | Dome, improving heating, cooling, and ventilation systems, |
24 | | installing school safety and security improvements, |
25 | | removing asbestos, and making site improvements, and (ii) |
26 | | the issuance of bonds is authorized by a statute that |
|
| | 10300HB4582sam001 | - 145 - | LRB103 35517 JDS 74233 a |
|
|
1 | | exempts the debt incurred on the bonds from the district's |
2 | | statutory debt limitation. |
3 | | (3) The bonds are issued, in one or more issuances, |
4 | | not later than 5 years after the date of the referendum |
5 | | approving the issuance of the bonds, but the aggregate |
6 | | principal amount issued in all such bond issuances |
7 | | combined must not exceed $23,500,000. |
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 the projects approved by the voters at an election |
12 | | held on or after June 28, 2022. |
13 | | The debt incurred on any bonds issued under this |
14 | | subsection (p-195) and on any bonds issued to refund or |
15 | | continue to refund such bonds shall not be considered |
16 | | indebtedness for purposes of any statutory debt limitation. |
17 | | Bonds issued under this subsection (p-195) and any bonds |
18 | | issued to refund or continue to refund such bonds must mature |
19 | | within not to exceed 25 years from their date, notwithstanding |
20 | | any other law, including Section 19-3 of this Code, to the |
21 | | contrary. |
22 | | (p-200) In addition to all other authority to issue bonds, |
23 | | Highland Community Unit School District 5 may issue bonds with |
24 | | an aggregate principal amount not to exceed $40,000,000, but |
25 | | only if all the following conditions are met: |
26 | | (1) The voters of the district approve a proposition |
|
| | 10300HB4582sam001 | - 146 - | LRB103 35517 JDS 74233 a |
|
|
1 | | for the bond issuance at an election held on or after June |
2 | | 28, 2022. |
3 | | (2) Prior to the issuance of the bonds, the school |
4 | | board determines, by resolution, that (i) it is necessary |
5 | | to improve the sites of, build, and equip a new primary |
6 | | school building and build and equip additions to and |
7 | | alter, repair, and equip existing school buildings and |
8 | | (ii) the issuance of bonds is authorized by a statute that |
9 | | exempts the debt incurred on the bonds from the district's |
10 | | statutory debt limitation. |
11 | | (3) The bonds are issued, in one or more issuances, |
12 | | not later than 5 years after the date of the referendum |
13 | | approving the issuance of the bonds, but the aggregate |
14 | | principal amount issued in all such bond issuances |
15 | | combined must not exceed $40,000,000. |
16 | | (4) The bonds are issued in accordance with this |
17 | | Article. |
18 | | (5) The proceeds of the bonds are used to accomplish |
19 | | only the projects approved by the voters at an election |
20 | | held on or after June 28, 2022. |
21 | | The debt incurred on any bonds issued under this |
22 | | subsection (p-200) and on any bonds issued to refund or |
23 | | continue to refund such bonds shall not be considered |
24 | | indebtedness for purposes of any statutory debt limitation. |
25 | | Bonds issued under this subsection (p-200) and any bonds |
26 | | issued to refund or continue to refund such bonds must mature |
|
| | 10300HB4582sam001 | - 147 - | LRB103 35517 JDS 74233 a |
|
|
1 | | within not to exceed 25 years from their date, notwithstanding |
2 | | any other law, including Section 19-3 of this Code, to the |
3 | | contrary. |
4 | | (p-205) In addition to all other authority to issue bonds, |
5 | | Sullivan Community Unit School District 300 may issue bonds |
6 | | with an aggregate principal amount not to exceed $25,000,000, |
7 | | but only if all of the following conditions are met: |
8 | | (1) The voters of the district approve a proposition |
9 | | for the bond issuance at an election held on or after June |
10 | | 28, 2022. |
11 | | (2) Prior to the issuance of the bonds, the school |
12 | | board determines, by resolution, that (i) the projects set |
13 | | forth in the proposition for the issuance of the bonds are |
14 | | required because of the age, condition, or capacity of the |
15 | | school district's existing school buildings and (ii) the |
16 | | issuance of bonds is authorized by a statute that exempts |
17 | | the debt incurred on the bonds from the district's |
18 | | statutory debt limitation. |
19 | | (3) The bonds are issued, in one or more issuances, |
20 | | not later than 5 years after the date of the referendum |
21 | | approving the issuance of the bonds, but the aggregate |
22 | | principal amount issued in all such bond issuances |
23 | | combined must not exceed $25,000,000. |
24 | | (4) The bonds are issued in accordance with this |
25 | | Article. |
26 | | (5) The proceeds of the bonds are used to accomplish |
|
| | 10300HB4582sam001 | - 148 - | LRB103 35517 JDS 74233 a |
|
|
1 | | only the projects approved by the voters at an election |
2 | | held on or after June 28, 2022. |
3 | | The debt incurred on any bonds issued under this |
4 | | subsection (p-205) and on any bonds issued to refund or |
5 | | continue to refund such bonds shall not be considered |
6 | | indebtedness for purposes of any statutory debt limitation. |
7 | | Bonds issued under this subsection (p-205) and any bonds |
8 | | issued to refund or continue to refund such bonds must mature |
9 | | within not to exceed 25 years from their date, notwithstanding |
10 | | any other law, including Section 19-3 of this Code, to the |
11 | | contrary. |
12 | | (p-210) In addition to all other authority to issue bonds, |
13 | | Manhattan School District 114 may issue bonds with an |
14 | | aggregate principal amount not to exceed $85,000,000, but only |
15 | | if all the following conditions are met: |
16 | | (1) The voters of the district approve a proposition |
17 | | for the bond issuance at an election held on or after June |
18 | | 28, 2022. |
19 | | (2) Prior to the issuance of the bonds, the school |
20 | | board determines, by resolution, that the projects set |
21 | | forth in the proposition for the bond issuance were and |
22 | | are required because of the age, condition, or capacity of |
23 | | the school district's existing school buildings. |
24 | | (3) The bonds are issued, in one or more issuances, |
25 | | not later than 5 years after the date of the referendum |
26 | | approving the issuances of the bonds, but the aggregate |
|
| | 10300HB4582sam001 | - 149 - | LRB103 35517 JDS 74233 a |
|
|
1 | | principal amount issued in all such bond issuances |
2 | | combined must not exceed $85,000,000. |
3 | | (4) The bonds are issued in accordance with this |
4 | | Article. |
5 | | (5) The proceeds of the bonds are used to accomplish |
6 | | only the projects approved by the voters at an election |
7 | | held on or after June 28, 2022. |
8 | | The debt incurred on any bonds issued under this |
9 | | subsection (p-210) and on any bonds issued to refund or |
10 | | continue to refund such bonds shall not be considered |
11 | | indebtedness for purposes of any statutory debt limitation. |
12 | | Bonds issued under this subsection (p-210) and any bonds |
13 | | issued to refund or continue to refund such bonds must mature |
14 | | within not to exceed 30 years from their date, notwithstanding |
15 | | any other law, including Section 19-3 of this Code, to the |
16 | | contrary. |
17 | | (p-215) In addition to all other authority to issue bonds, |
18 | | Golf Elementary School District 67 may issue bonds with an |
19 | | aggregate principal amount not to exceed $56,000,000, but only |
20 | | if all of the following conditions are met: |
21 | | (1) The voters of the district approve a proposition |
22 | | for the bond issuance at an election held on or after June |
23 | | 28, 2022. |
24 | | (2) Prior to the issuance of the bonds, the school |
25 | | board determines, by resolution, that (i) it is necessary |
26 | | to build and equip a new school building and improve the |
|
| | 10300HB4582sam001 | - 150 - | LRB103 35517 JDS 74233 a |
|
|
1 | | site thereof and (ii) the issuance of bonds is authorized |
2 | | by a statute that exempts the debt incurred on the bonds |
3 | | from the district's statutory debt limitation. |
4 | | (3) The bonds are issued, in one or more issuances, |
5 | | not later than 5 years after the date of the referendum |
6 | | approving the issuance of the bonds, but the aggregate |
7 | | principal amount issued in all such bond issuances |
8 | | combined must not exceed $56,000,000. |
9 | | (4) The bonds are issued in accordance with this |
10 | | Article. |
11 | | (5) The proceeds of the bonds are used to accomplish |
12 | | only the projects approved by the voters at an election |
13 | | held on or after June 28, 2022. |
14 | | The debt incurred on any bonds issued under this |
15 | | subsection (p-215) and on any bonds issued to refund or |
16 | | continue to refund such bonds shall not be considered |
17 | | indebtedness for purposes of any statutory debt limitation. |
18 | | Bonds issued under this subsection (p-215) and any bonds |
19 | | issued to refund or continue to refund such bonds must mature |
20 | | within not to exceed 25 years from their date, notwithstanding |
21 | | any other law, including Section 19-3 of this Code, to the |
22 | | contrary. |
23 | | (p-220) In addition to all other authority to issue bonds, |
24 | | Joliet Public Schools District 86 may issue bonds with an |
25 | | aggregate principal amount not to exceed $99,500,000, but only |
26 | | if all the following conditions are met: |
|
| | 10300HB4582sam001 | - 151 - | LRB103 35517 JDS 74233 a |
|
|
1 | | (1) The voters of the district approve a proposition |
2 | | for the bond issuance at an election held on or after April |
3 | | 4, 2023. |
4 | | (2) Prior to the issuance of the bonds, the school |
5 | | board determines, by resolution, that the projects set |
6 | | forth in the proposition for the bond issuance were and |
7 | | are required because of the age and condition of the |
8 | | school district's existing school buildings. |
9 | | (3) The bonds are issued, in one or more issuances, |
10 | | not later than 5 years after the date of the referendum |
11 | | approving the issuance of the bonds, but the aggregate |
12 | | principal amount issued in all such bond issuances |
13 | | combined must not exceed $99,500,000. |
14 | | (4) The bonds are issued in accordance with this |
15 | | Article. |
16 | | (5) The proceeds of the bonds are used to accomplish |
17 | | only the projects approved by the voters at an election |
18 | | held on or after April 4, 2023. |
19 | | The debt incurred on any bonds issued under this |
20 | | subsection (p-220), and on any bonds issued to refund or |
21 | | continue to refund such bonds, shall not be considered |
22 | | indebtedness for purposes of any statutory debt limitation. |
23 | | Bonds issued under this subsection (p-220) and any bonds |
24 | | issued to refund or continue to refund such bonds must mature |
25 | | within not to exceed 25 years from their date, notwithstanding |
26 | | any other law, including Section 19-3 of this Code, to the |
|
| | 10300HB4582sam001 | - 152 - | LRB103 35517 JDS 74233 a |
|
|
1 | | contrary. |
2 | | (p-225) Notwithstanding the provisions of any other law to |
3 | | the contrary, debt incurred on any bonds issued under Section |
4 | | 19-3 of this Code and authorized by an election held on or |
5 | | after November 5, 2024, and on any bonds issued to refund or |
6 | | continue to refund such bonds, shall not be considered |
7 | | indebtedness for purposes of any statutory debt limitation. |
8 | | Bonds issued under Section 19-3 of this Code and authorized by |
9 | | an election held on or after November 5, 2024, and any bonds |
10 | | issued to refund or continue to refund such bonds must mature |
11 | | within 30 years from their date, notwithstanding any other |
12 | | law, including Section 19-3 of this Code, to the contrary. |
13 | | (q) A school district must notify the State Board of |
14 | | Education prior to issuing any form of long-term or short-term |
15 | | debt that will result in outstanding debt that exceeds 75% of |
16 | | the debt limit specified in this Section or any other |
17 | | provision of law. |
18 | | (Source: P.A. 102-316, eff. 8-6-21; 102-949, eff. 5-27-22; |
19 | | 103-449, eff. 1-1-24 .) |
20 | | (105 ILCS 5/20-2) (from Ch. 122, par. 20-2) |
21 | | Sec. 20-2. Indebtedness and bonds. For the purpose of |
22 | | creating, re-creating, or increasing a working cash fund, the |
23 | | school board of any such district may incur an indebtedness |
24 | | and issue bonds as evidence thereof in an amount or amounts not |
25 | | exceeding in the aggregate 85% of the taxes permitted to be |
|
| | 10300HB4582sam001 | - 153 - | LRB103 35517 JDS 74233 a |
|
|
1 | | levied for educational purposes for the then current year to |
2 | | be determined by multiplying the maximum educational tax rate |
3 | | or rates applicable to such school district by the last |
4 | | assessed valuation or assessed valuations as determined at the |
5 | | time of the issue of said bonds, plus 85% of the last known |
6 | | entitlement of such district to taxes as by law now or |
7 | | hereafter enacted or amended, imposed by the General Assembly |
8 | | of the State of Illinois to replace revenue lost by units of |
9 | | local government and school districts as a result of the |
10 | | abolition of ad valorem personal property taxes, pursuant to |
11 | | Article IX, Section 5, paragraph (c) of the Constitution of |
12 | | the State of Illinois, plus 85% of the most recent amount of |
13 | | funding received by the school district under Section 18-8.15. |
14 | | The authorized amount of bonds issued pursuant to this Section |
15 | | may be increased by an amount not to exceed 3% of that |
16 | | authorized amount to provide for expenses of issuing such |
17 | | bonds, including underwriter's compensation and costs of bond |
18 | | insurance or other credit enhancement, and also an amount to |
19 | | pay capitalized interest as otherwise permitted by law. The |
20 | | bonds shall bear interest at not more than the maximum rate |
21 | | authorized by law and shall mature within 20 years from the |
22 | | date thereof. Subject to the foregoing limitations as to |
23 | | amount, the bonds may be issued in an amount including |
24 | | existing indebtedness which will not exceed the constitutional |
25 | | limitation as to debt, notwithstanding any statutory debt |
26 | | limitation to the contrary. The school board shall before or |
|
| | 10300HB4582sam001 | - 154 - | LRB103 35517 JDS 74233 a |
|
|
1 | | at the time of issuing the bonds provide for the collection of |
2 | | a direct annual tax upon all the taxable property within the |
3 | | district sufficient to pay the principal thereof at maturity |
4 | | and to pay the interest thereon as it falls due, which tax |
5 | | shall be in addition to the maximum amount of all other taxes, |
6 | | either educational; transportation; operations and |
7 | | maintenance; or fire prevention and safety fund taxes, now or |
8 | | hereafter authorized and in addition to any limitations upon |
9 | | the levy of taxes as provided by Sections 17-2 through 17-9. |
10 | | With respect to instruments for the payment of money |
11 | | issued under this Section either before, on, or after the |
12 | | effective date of this amendatory Act of 1989, it is and always |
13 | | has been the intention of the General Assembly (i) that the |
14 | | Omnibus Bond Acts are and always have been supplementary |
15 | | grants of power to issue instruments in accordance with the |
16 | | Omnibus Bond Acts, regardless of any provision of this Act |
17 | | that may appear to be or to have been more restrictive than |
18 | | those Acts, (ii) that the provisions of this Section are not a |
19 | | limitation on the supplementary authority granted by the |
20 | | Omnibus Bond Acts, and (iii) that instruments issued under |
21 | | this Section within the supplementary authority granted by the |
22 | | Omnibus Bond Acts are not invalid because of any provision of |
23 | | this Act that may appear to be or to have been more restrictive |
24 | | than those Acts. |
25 | | (Source: P.A. 101-416, eff. 8-16-19.) |