103RD GENERAL ASSEMBLY
State of Illinois
2023 and 2024
HB5906

 

Introduced 11/12/2024, by Rep. Curtis J. Tarver, II

 

SYNOPSIS AS INTRODUCED:
 
See Index

    Amends the School Finance Authority Act of the School Code. Reinstates the School Finance Authority and reverts any powers, duties, rights, or property granted to the Chicago Board of Education upon the abolition of the original Authority established by the Article back to the Authority. Provides that any powers, duties, rights, or property granted to the Board before the abolition of the original Authority and after the reinstatement of the Authority under the amendatory Act shall remain vested in the Board. Updates the expiration dates of terms of the Chairman, the 2 Directors of the Authority appointed by the Governor, and the 2 Directors of the Authority appointed by the Mayor. Requires the Board to adopt and submit for approval a financial plan on or before March 1, 2026 and adopt and submit for approval a budget on or before February 1, 2026 with respect to the remaining portion of the fiscal year ending in 2026. Requires the Board, beginning in fiscal year 2028 and every second year thereafter, to adopt a financial plan covering a period of 2 fiscal years. Requires the Board to submit a staffing plan for the fiscal year ending in 2026 to the Authority within 90 days after the effective date of the amendatory Act. Makes other changes.


LRB103 43058 LNS 76311 b

STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT
MAY APPLY

 

 

A BILL FOR

 

HB5906LRB103 43058 LNS 76311 b

1    AN ACT concerning education.
 
2    Be it enacted by the People of the State of Illinois,
3represented in the General Assembly:
 
4    Section 5. The School Code is amended by changing Sections
534A-102, 34A-103, 34A-201, 34A-302, 34A-403, 34A-404,
634A-405.2, 34A-602, 34A-604, and 34A-606 as follows:
 
7    (105 ILCS 5/34A-102)  (from Ch. 122, par. 34A-102)
8    Sec. 34A-102. Findings and purpose.
9    (a) The General Assembly finds:
10        (i) A fundamental goal of the people of the State, as
11    expressed in Section 1 of Article X of the Illinois
12    Constitution, is the educational development of all
13    persons to the limits of their capacities. When a board of
14    education faces financial difficulties, continued
15    operation of the public school system is threatened.
16        (ii) A sound financial structure is essential to the
17    continued operation of any school system. It is vital to
18    commercial, educational, and cultural interests that the
19    public schools remain in operation. To achieve that goal,
20    public school systems must have effective access to the
21    private market to borrow short and long term funds.
22        (iii) To promote the financial integrity of boards of
23    education of cities having a population exceeding 500,000,

 

 

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1    it is necessary to provide for the creation of school
2    finance authorities with the powers necessary to promote
3    sound financial management and to assure the continued
4    operation of the public schools.
5    (b) It is the purpose of this Article to provide a secure
6financial basis for the continued operation of the public
7schools. In addition, it is the further purpose of this
8Article to facilitate implementation of school reform in the
9continued operation of the public schools in accordance with
10the provisions of this amendatory Act of 1991 and in
11accordance with the reinstatement of the Authority by this
12amendatory Act of the 103rd General Assembly. The intention of
13the General Assembly, in enacting this legislation, is to
14establish procedures, provide powers, and impose restrictions
15to assure the financial and educational integrity of the
16public schools while leaving principal responsibility for the
17educational policies of the public schools to the boards of
18education within the State, consistent with the requirements
19for satisfying the public policy and purpose herein set forth.
20(Source: P.A. 85-1418; 86-1477.)
 
21    (105 ILCS 5/34A-103)  (from Ch. 122, par. 34A-103)
22    Sec. 34A-103. Definitions. As used in this Article:
23    (a) "Authority" means the "(Name of City) School Finance
24Authority";
25    (b) "Board" means any board of education to which this

 

 

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1Article is applicable;
2    (c) "Budget" means the budget of the Board as defined in
3Section 34-43 of this Act, as from time to time in effect;
4    (d) "Chairman" means the chairman of the Authority
5appointed pursuant to paragraph (c) of Section 34A-301 of this
6Article;
7    (e) "City" means the city wherein the school district of
8such Board is located;
9    (f) "Financial Plan" means the financial plan of the Board
10to be developed pursuant to Section 34A-403 of this Article,
11as from time to time in effect;
12    (g) "Fiscal Year" means the fiscal year of the Board;
13    (h) "Governor" means the Governor of the State of
14Illinois;
15    (i) "School year" means the school year of the Board;
16    (j) "Approved System-Wide Educational Reform Goals and
17Objectives Plan" means the system-wide educational reform
18goals and objectives plan that has been accepted and approved
19by the Authority;
20    (k) "Investment Obligations" means any of the following
21which at the time of investment are legal investments under
22the laws of the State for the money proposed to be invested
23therein:
24        (i) Direct obligations of, or obligations the
25    principal of and interest on which are unconditionally
26    guaranteed by, the United States of America;

 

 

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1        (ii) Bonds, debentures, or notes or other evidence of
2    indebtedness issued or guaranteed by any of the following
3    agencies: CoBank; Bank for Cooperatives; Federal
4    Intermediate Credit Banks; Federal Land Banks; Federal
5    Home Loan Banks; the Federal National Mortgage
6    Association; the United States Postal Service; the
7    Government National Mortgage Association; the Federal
8    Financing National Mortgage Association; the Federal
9    Financing Bank; or any other agency or instrumentality of
10    the United States of America now existing or hereafter
11    created;
12        (iii) New Housing Authority Bonds issued by public
13    agencies or municipalities and fully secured as to the
14    payment of both principal and interest by a pledge of
15    annual contributions under an Annual Contributions
16    Contract or Contracts with the United States of America,
17    or Project Notes issued by public agencies or
18    municipalities and fully secured as to the payment of both
19    principal and interest by a requisition or payment
20    agreement with the United States of America;
21        (iv) Direct and general obligations of, or obligations
22    guaranteed by, the State, to the payment of the principal
23    of and interest on which the full faith and credit of the
24    State is pledged;
25        (v) Negotiable or non-negotiable time deposits
26    evidenced by certificates of deposit issued by banks,

 

 

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1    trust companies or national banking associations (which
2    may include the trustee) which are members of the Federal
3    Deposit Insurance Corporation and savings and loan
4    associations which are members of the Federal Savings and
5    Loan Insurance Corporation, provided that such time
6    deposits in any such bank, trust company, national banking
7    association or savings and loan association are
8    continuously secured by obligations described in clause
9    clauses (i), (ii), (iii), or (iv) of this definition,
10    provided further that such obligations at all times have a
11    market value at least equal to the maturity value of the
12    deposits so secured, including accrued interest; and
13        (vi) Repurchase agreements with banks (which may
14    include the trustee) described in clause (v) of this
15    definition and government bond dealers reporting to,
16    trading with, and recognized as primary dealers by a
17    Federal Reserve Bank, the underlying securities of which
18    are obligations described in clause clauses (i) or (ii) of
19    this definition, provided that the underlying securities
20    are required to be continuously maintained at a market
21    value not less than the amount so invested;
22    (l) "Mayor" means the Mayor of the City;
23    (m) "Obligations" means bonds and notes of the Authority;
24    (n) "State" means the State of Illinois.
25(Source: P.A. 85-1418; 86-1477.)
 

 

 

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1    (105 ILCS 5/34A-201)  (from Ch. 122, par. 34A-201)
2    Sec. 34A-201. General powers. The purposes of the
3Authority shall be to exercise financial control over the
4Board, and to furnish financial assistance so that the Board
5can provide public education within the Board's jurisdiction
6while permitting the Board to meet its obligations to its
7creditors and the holders of its notes and bonds. Except as
8expressly limited by this Article, the Authority shall have
9all powers necessary to meet its responsibilities and to carry
10out its purposes and the purposes of this Article, including,
11but not limited to, the following powers:
12        (a) to sue and be sued;
13        (b) to provide for its organization and internal
14    management and, subject to agreements with or for the
15    benefit of holders of its Obligations, to make rules and
16    regulations governing the use of its property and
17    facilities;
18        (c) to make and execute contracts, leases, subleases,
19    and all other instruments or agreements necessary or
20    convenient for the exercise of the powers and functions
21    granted by this Article;
22        (d) to purchase real or personal property necessary or
23    convenient for its purposes; to execute and deliver deeds
24    for real property held in its own name; to mortgage,
25    pledge, or otherwise grant security interests in such
26    properties; and to sell, lease, or otherwise dispose of

 

 

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1    such of its property as, in the judgment of the Authority,
2    is no longer necessary for its purposes;
3        (e) to appoint officers, agents, and employees of the
4    Authority, define their duties and qualifications, and fix
5    their compensation and employee benefits;
6        (f) to lend or otherwise transfer to the Board such
7    sums of money as are not required for other purposes;
8        (g) to borrow money and to issue Obligations pursuant
9    to this Article, to fund, refund, or advance refund the
10    same, to provide for the rights of the holders of its
11    Obligations, and to repay any advances;
12        (h) subject to the provisions of any contract with or
13    for the benefit of the holders of its Obligations, to
14    purchase or redeem its Obligations or to purchase the
15    notes, bonds, or obligations of the Board or the notes,
16    bonds, or obligations of the City;
17        (i) to procure insurance against any loss in such
18    amounts and from such insurers as it deems desirable;
19        (j) to engage the services of consultants for
20    rendering professional and technical assistance and advice
21    on matters within the Authority's power;
22        (k) to contract for and to accept any gifts, grants,
23    or loans of funds or property or financial or other aid in
24    any form from the federal government, the State state
25    government, a unit of local government, a school district,
26    or any agency or instrumentality thereof, or from any

 

 

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1    other private or public source, and to comply with the
2    terms and conditions thereof;
3        (l) as security for the payment of the principal of
4    and interest on its Obligations and for the performance of
5    any agreements made in connection therewith, to grant a
6    security interest or lien upon all or any part of its
7    property or revenues;
8        (m) to pay the expenses of its operations; and
9        (n) to do any and all things necessary or convenient
10    to carry out its purposes and exercise the powers given to
11    the Authority by this Article.
12    The powers granted to the Authority under this Section
13that were passed to and vested in the Board upon the
14Authority's abolition before the effective date of this
15amendatory Act of the 103rd General Assembly shall be
16reinstated to the Authority on the effective date of this
17amendatory Act of the 103rd General Assembly, and the Board
18shall not have any of the powers set forth in this Section.
19(Source: P.A. 81-1221.)
 
20    (105 ILCS 5/34A-302)  (from Ch. 122, par. 34A-302)
21    Sec. 34A-302. Terms, vacancies, and removal. This Section
22applies to the Authority reinstated by this amendatory Act of
23the 103rd General Assembly. Of the initial Directors appointed
24by the Governor, with the approval of the Mayor, one each shall
25be selected for terms expiring on January 31, 2026 1981 and

 

 

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1January 31, 2027 1982. Of the initial Directors appointed by
2the Mayor with the approval of the Governor, one each shall be
3selected for terms expiring on January 31, 2026 1981 and
4January 31, 2027 1982. The initial Chairman shall be selected
5for a term expiring on January 31, 2028 1983. Thereafter, each
6Director shall hold office for a term of 3 years, and until his
7successor has been appointed as provided in Section 34A-301.
8Any vacancy which shall arise, shall be filled as provided in
9Section 34A-301. Any Director appointed to fill a vacancy
10shall serve until the expiration of his predecessor's term,
11and until his successor has been appointed as provided in
12Section 34A-301. A vacancy shall occur upon resignation,
13death, conviction of a felony, or removal from office of a
14Director. Directors shall be eligible for reappointment. Any
15Director may be removed for incompetence, malfeasance, or
16neglect of duty, at the instance of the occupant of the office
17entitled to appoint that Director, or in the case of the
18Chairman at the instance of the occupant of each office so
19entitled.
20(Source: P.A. 81-1221.)
 
21    (105 ILCS 5/34A-403)  (from Ch. 122, par. 34A-403)
22    Sec. 34A-403. Financial Plans. The Board shall develop,
23adopt, and submit to the Authority on or before March 1, 2026
241980, for approval by the Authority, an initial Financial Plan
25with respect to the remaining portion of the Fiscal Year

 

 

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1ending in 2026 1980 and for the 2 two succeeding Fiscal Years.
2The Board shall develop and adopt subsequent Financial Plans
3in accordance with this Section. Beginning with the Fiscal
4Year beginning in 2029 1993, and every second year thereafter,
5the Board shall adopt a Financial Plan covering a period of 2
6fiscal years. After adoption by the Board, the Board shall
7submit each plan to the Authority for its approval not later
8than 30 days prior to the commencement of the first Fiscal Year
9to which the Financial Plan relates, except that the Financial
10Plan to be developed for the Fiscal Years beginning in 1993 and
111994 shall be submitted to the Authority within 90 days of the
12effective date of this amendatory Act of 1993. The Authority
13shall approve or reject the Financial Plan within 15 days of
14its receipt of the Financial Plan from the Board. No Financial
15Plan shall have force or effect without approval of the
16Authority. Each Financial Plan shall be developed, submitted,
17approved, and monitored in accordance with the following
18procedures:
19        (a) The Board shall determine and submit to the
20    Authority, at a time and in a manner prescribed by the
21    Authority, estimates of revenues available to the Board
22    during the period for which the Financial Plan is to be in
23    effect. The Authority shall approve, reject, or amend the
24    revenue estimates. If In the event the Board fails, for
25    any reason, to submit to the Authority estimates of
26    revenue as required by this paragraph, the Authority may

 

 

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1    prepare such estimates. The Financial Plan submitted by
2    the Board shall be based upon revenue estimates approved
3    or prepared by the Authority. As soon as practicable
4    following the establishment of the Authority, the
5    President of the Board shall, at the request of the
6    Chairman of the Authority, make available to the Chairman
7    of the Authority copies of the audited financial
8    statements and of the books and records of account of the
9    Board for the preceding 5 fiscal years of the Board.
10        (b) Each Financial Plan for each Fiscal Year or part
11    thereof to which it relates, shall contain (i) a
12    description of revenues and expenditures, provision for
13    debt service, cash resources and uses, and capital
14    improvements, each in such manner and detail as the
15    Authority shall prescribe, (ii) a description of the means
16    by which the Budget will be brought into balance in
17    accordance with Section 34A-402 of this Article, and (iii)
18    such other matters that the Authority, in its discretion,
19    requires. The initial Financial Plan shall also include a
20    description of the means by which any outstanding
21    short-term indebtedness shall be paid or refunded by the
22    Board. The Authority may prescribe any reasonable time,
23    standards, procedures, or forms consistent with this
24    Section for preparation and submission of the Financial
25    Plan.
26        (c) The Authority shall approve the initial and each

 

 

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1    subsequent Financial Plan if, in its judgment, the plan is
2    complete, is reasonably capable of being achieved, and
3    meets the requirement set forth in Section 34A-402 of this
4    Article. Otherwise, the Authority shall reject the
5    Financial Plan. If the Financial Plan is rejected In the
6    event of rejection, the Authority may prescribe a
7    procedure and standards for revision of the Financial Plan
8    by the Board.
9        (d) The Board shall report to the Authority, at such
10    times and in such manner as the Authority may direct,
11    concerning the Board's compliance with each Financial
12    Plan. The Authority may review the Board's operations,
13    obtain budgetary data and financial statements, require
14    the Board to produce reports, and have access to any other
15    information in the possession of the Board that it deems
16    relevant. The Authority may issue recommendations or
17    directives within its powers to the Board to assure
18    compliance with the Financial Plan. The Board shall
19    produce such budgetary data, financial statements,
20    reports, and other information and comply with such
21    directives.
22        (e) After approval of each Financial Plan, the Board
23    shall regularly reexamine the revenue and expenditure
24    estimates on which it was based and revise them as
25    necessary. The Board shall promptly notify the Authority
26    of any material change in the revenue or expenditure

 

 

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1    estimates in the Financial Plan. The Board may submit to
2    the Authority, or the Authority may require the Board to
3    submit, modified Financial Plans based upon revised
4    revenue or expenditure estimates or for any other good
5    reason. The Authority shall approve or reject each
6    modified Financial Plan pursuant to paragraph (c) of this
7    Section.
8(Source: P.A. 88-511.)
 
9    (105 ILCS 5/34A-404)  (from Ch. 122, par. 34A-404)
10    Sec. 34A-404. Budgets. The Board shall develop and adopt
11and submit to the Authority on or before February 1, 2026 1980,
12for approval by the Authority, a revised Budget for the
13remaining portion of the Fiscal Year ending in 2026 1980 and,
14thereafter, an annual Budget for each Fiscal Year. After
15adoption by the Board, the Board shall submit each Budget to
16the Authority for its approval not later than 30 days prior to
17the commencement of the Fiscal Year to which the Budget
18relates. The Authority shall approve or reject the Budget
19within 15 days of its receipt from the Board. No Budget shall
20have force or effect without approval of the Authority. Each
21Budget shall be developed, submitted, approved, and monitored
22in accordance with the following procedures:
23        (a) Each Budget submitted by the Board shall be based
24    upon revenue estimates approved or prepared by the
25    Authority, as provided in paragraph (a) of Section 34A-403

 

 

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1    of this Article.
2        (b) Each Budget shall contain such information and
3    detail as may be prescribed by the Authority. The
4    Authority may also prescribe any reasonable time,
5    standards, procedures or forms for preparation and
6    submission of the Budget. Any deficit for the Fiscal Year
7    ending in 2027 1981 and for any Fiscal Year thereafter
8    shall be included as a current expense item for the
9    succeeding Fiscal Year.
10        (c)(1) The Authority shall approve each Budget if, in
11    its judgment, the Budget is complete, is reasonably
12    capable of being achieved, will meet the requirement set
13    forth in Section 34A-402 of this Article, and will be
14    consistent with the Financial Plan in effect. Otherwise,
15    the Authority shall reject the Budget. In the event of
16    rejection, the Authority may prescribe a procedure and
17    standards for revision of the Budget by the Board.
18        (2) For any Fiscal Year, the Authority may approve a
19    provisional budget that, in its judgment, will satisfy the
20    standards of subdivision (c)(1) of this Section if,
21    notwithstanding the provisions of the Illinois Educational
22    Labor Relations Act or any other law to the contrary, the
23    amount appropriated therein for all spending for
24    operations shall not at any time, on an annualized basis,
25    exceed an Expenditure Limitation established by the
26    Authority. The Authority may establish and enforce,

 

 

HB5906- 15 -LRB103 43058 LNS 76311 b

1    including by exercise of its powers under Section
2    34A-409(b), such monitoring and control measures as it
3    deems necessary to assure that the commitments,
4    obligations, expenditures, and cash disbursements of the
5    Board continue to conform on an ongoing basis with any
6    Expenditure Limitation. No commitment, contract, or other
7    obligation of the Board in excess of the Expenditure
8    Limitation shall be legally binding, and any member of the
9    Board or any local school council, or officer, employee or
10    agent thereof, who violates the provisions of this Section
11    shall be subject to the provisions of Sections 34-52 and
12    34A-608. An Expenditure Limitation established by the
13    Authority shall remain in effect for that Fiscal Year or
14    until revoked by the Authority.
15        (d) The Board shall report to the Authority at such
16    times and in such manner as the Authority may direct,
17    concerning the Board's compliance with each Budget. The
18    Authority may review the Board's operations, obtain
19    budgetary data and financial statements, require the Board
20    to produce reports, and have access to any other
21    information in the possession of the Board that the
22    Authority deems relevant. The Authority may issue
23    recommendations or directives within its powers to the
24    Board to assure compliance with the Budget. The Board
25    shall produce such budgetary data, financial statements,
26    reports and other information and comply with such

 

 

HB5906- 16 -LRB103 43058 LNS 76311 b

1    directives.
2        (e) After approval of each Budget, the Board shall
3    promptly notify the Authority of any material change in
4    the revenue or expenditure estimates in the Budget. The
5    Board may submit to the Authority, or the Authority may
6    require the Board to submit, a supplemental Budget. The
7    Authority shall approve or reject each supplemental Budget
8    pursuant to paragraph (c) of this Section.
9(Source: P.A. 100-201, eff. 8-18-17.)
 
10    (105 ILCS 5/34A-405.2)
11    Sec. 34A-405.2. Staffing levels.
12    (a) No hiring or appointment of any person in any position
13by the Board, the general superintendent, any other officer or
14employee of the Board, or any local school council shall be
15made or entered into unless it is consistent with the
16Financial Plan and Budget in effect and the staffing plan
17approved by the Authority under this Section. The hiring or
18appointment of any person shall not be binding on the Board
19unless and until it is in compliance with this Section.
20    (b) The Board shall submit to the Authority for approval
21by the Authority a staffing plan for the upcoming school year
22at the same time as the submission of the Budget, except that
23the staffing plan for the fiscal year ending in 2026 1994 shall
24be submitted to the Authority within 90 days after the
25effective date of this amendatory Act of the 103rd General

 

 

HB5906- 17 -LRB103 43058 LNS 76311 b

1Assembly of 1993. The staffing plan shall be accompanied by a
2cost analysis and such other information as the Authority may
3require. The Authority may adopt, and from time to time amend,
4rules regulations to implement this Section and may prescribe
5standards, procedures, and forms for submission of the
6staffing plan.
7    (c) The Authority shall approve the staffing plan if, in
8its judgment, the information required to be submitted is
9complete and the staffing plan is consistent with the Budget
10and Financial Plan in effect. Otherwise, the Authority shall
11reject the staffing plan; in the event of rejection, the
12Authority shall prescribe a procedure and standards for
13revision of the staffing plan. The Authority shall act on the
14staffing plan at the same time as the approval of the Budget,
15except that the staffing plan for the fiscal year ending in
161994 shall be acted upon at the same time as approval of the
17Financial Plan for that fiscal year.
18    (d) The Board shall report to the Authority, at such times
19and in such manner as the Authority may direct, concerning the
20Board's compliance with each staffing plan. The Authority may
21review the Board's operations, obtaining budgetary data and
22financial statements, may require the Board to produce
23reports, and shall have access to any other information in the
24possession of the Board that it deems relevant. The Authority
25may issue recommendations or directives within its powers to
26the Board to assure compliance with the staffing plan. The

 

 

HB5906- 18 -LRB103 43058 LNS 76311 b

1Board shall produce such budgetary data, financial statements,
2reports, and other information and shall comply with such
3directives.
4    (e) After approval of each staffing plan, the Board shall
5regularly reexamine the estimates on which it was based and
6revise them as necessary. The Board shall promptly notify the
7Authority of any material change in the estimates in the
8staffing plan. The Board may submit to the Authority, or the
9Authority may require the Board to submit, modifications to
10the staffing plan based upon revised revenue or expenditure
11estimates or for any other good reason. The Authority shall
12approve or reject each modified staffing plan pursuant to
13subsection (c) of this Section.
14(Source: P.A. 88-511.)
 
15    (105 ILCS 5/34A-602)  (from Ch. 122, par. 34A-602)
16    Sec. 34A-602. Indemnification. Limitations of actions
17after abolition; indemnification.
18    (a) (Blank). Abolition of the Authority pursuant to
19Section 34A-605 shall bar any remedy available against the
20Authority, its Directors, employees, or agents, for any right
21or claim existing, or any liability incurred, prior to such
22abolition unless the action or other proceeding thereon is
23commenced prior to the expiration of 2 years after the date of
24such abolition.
25    (b) The Authority may indemnify any Director, officer,

 

 

HB5906- 19 -LRB103 43058 LNS 76311 b

1employee, or agent who was or is a party, or is threatened to
2be made a party to any threatened, pending, or completed
3action, suit, or proceeding, whether civil, criminal,
4administrative, or investigative, by reason of the fact that
5the person he was a Director, officer, employee, or agent of
6the Authority, against expenses (including attorney's
7attorneys' fees), judgments, fines, and amounts paid in
8settlement actually and reasonably incurred by the Director,
9officer, employee, or agent him in connection with such
10action, suit, or proceeding, if the Director, officer,
11employee, or agent he acted in good faith and in a manner the
12Director, officer, employee, or agent he reasonably believed
13to be in, or not opposed to the best interests of the Authority
14and, with respect to any criminal action or proceeding, had no
15reasonable cause to believe the Director's, officer's,
16employee's, or agent's his conduct was unlawful. The
17termination of any action, suit, or proceeding by judgment,
18order, settlement, conviction, or upon a plea of nolo
19contendere or its equivalent, shall not, of itself, create a
20presumption that the person did not act in good faith in a
21manner which the person he reasonably believed to be in or not
22opposed to the best interest of the Authority, and, with
23respect to any criminal action or proceeding, had reasonable
24cause to believe that the person's his conduct was unlawful.
25    To the extent that a Director, officer, employee, or agent
26of the Authority has been successful, on the merits or

 

 

HB5906- 20 -LRB103 43058 LNS 76311 b

1otherwise, in the defense of any such action, suit, or
2proceeding referred to in this subsection or in defense of any
3claim, issue, or matter therein, the Director, officer,
4employee, or agent he shall be indemnified against expenses
5(including attorney's fees) actually and reasonably incurred
6by the Director, officer, employee, or agent him in connection
7therewith. Any such indemnification shall be made by the
8Authority only as authorized in the specific case, upon a
9determination that indemnification of the Director, officer,
10employee, or agent is proper in the circumstances because the
11Director, officer, employee, or agent he has met the
12applicable standard of conduct. Such determination shall be
13made: (1) by the Board of Directors by a majority vote of a
14quorum consisting of Directors who are not parties to such
15action, suit, or proceeding; , or (2) if such a quorum is not
16obtainable, or, even if obtainable, a quorum of disinterested
17Directors so directs, by independent legal counsel in a
18written opinion.
19    Reasonable expenses incurred in defending an action, suit,
20or proceeding shall be paid by the Authority in advance of the
21final disposition of such action, suit, or proceeding, as
22authorized by the Board of Directors in the specific case,
23upon receipt of an undertaking by or on behalf of the Director,
24officer, employee, or agent to repay such amount, unless it
25shall ultimately be determined that the Director, officer,
26employee, or agent he is entitled to be indemnified by the

 

 

HB5906- 21 -LRB103 43058 LNS 76311 b

1Authority as authorized in this Section.
2    Any Director, officer, employee, or agent against whom any
3action, suit, or proceeding is brought may employ the
4Director's, officer's, employee's, or agent's his or her own
5attorney to appear on the Director's, officer's, employee's,
6or agent's his or her behalf.
7    The right to indemnification accorded by this Section
8shall not limit any other right to indemnification to which
9the Director, officer, employee, or agent may be entitled. Any
10rights hereunder shall inure to the benefit of the heirs,
11executors, and administrators of any Director, officer,
12employee, or agent of the Authority.
13    The Authority may purchase and maintain insurance on
14behalf of any person who is or was a Director, officer,
15employee, or agent of the Authority against any liability
16asserted against the Director, officer, employee, or agent him
17and incurred by the Director, officer, employee, or agent him
18in any such capacity, or arising out of the Director's,
19officer's, employee's, or agent's his status as such, whether
20or not the Authority would have the power to indemnify the
21Director, officer, employee, or agent him against such
22liability under the provisions of this Section.
23(Source: P.A. 82-97.)
 
24    (105 ILCS 5/34A-604)  (from Ch. 122, par. 34A-604)
25    Sec. 34A-604. Reinstatement Abolition of Authority; Board

 

 

HB5906- 22 -LRB103 43058 LNS 76311 b

1powers, duties, rights, and property. The Authority shall be
2reinstated on the effective date of this amendatory Act of the
3103rd General Assembly. All powers and duties granted to the
4Authority under this Article shall also be reinstated. Any
5rights and property that were passed to and vested in the Board
6upon the abolition of the original Authority established by
7this Article or that were granted to the Board under this
8Article after the abolition of the original Authority shall be
9reinstated to the Authority on the effective date of this
10amendatory Act of the 103rd General Assembly. The Board shall
11not have any powers, duties, rights, or property granted to
12the Authority under this Article. Any powers, duties, rights,
13or property granted to the Board under this Article prior to
14the abolition of the original Authority or after the
15reinstatement of the Authority under this amendatory Act of
16the 103rd General Assembly shall remain vested in the Board.
17abolished one year after all its Obligations have been fully
18paid and discharged or otherwise provided for. Upon the
19abolition of the Authority, all of its rights and property
20shall pass to and be vested in the Board.
21(Source: P.A. 96-705, eff. 1-1-10.)
 
22    (105 ILCS 5/34A-606)  (from Ch. 122, par. 34A-606)
23    Sec. 34A-606. Reports.
24    (a) The Directors, upon taking office and annually
25thereafter, shall prepare and submit to the Governor, Mayor,

 

 

HB5906- 23 -LRB103 43058 LNS 76311 b

1General Assembly, and City Council a report which shall
2include the audited financial statement for the preceding
3Fiscal Year of the Board, an approved Financial Plan or a
4statement of reasons for the failure to adopt such a Financial
5Plan, a statement of the major steps necessary to accomplish
6the objectives of the Financial Plan, and a request for any
7legislation necessary to achieve the objectives of the
8Financial Plan.
9    (b) Annual reports shall be submitted on or before May 1 of
10each year.
11    (c) The requirement for reporting to the General Assembly
12shall be satisfied by filing copies of the report with the
13Board, the Governor, the Mayor, and as required by Section 3.1
14of the General Assembly Organization Act, and filing such
15additional copies with the State Government Report
16Distribution Center for the General Assembly as is required
17under paragraph (t) of Section 7 of the State Library Act.
18    (d) Each annual report required to be submitted through
19May 1, 1995, shall also include: (i) a description of the
20activities of the Authority; (ii) an analysis of the
21educational performance of the Board for the preceding school
22year; (iii) an Approved System-Wide Educational Reform Goals
23and Objectives Plan or a statement of reasons for the failure
24to adopt such an Approved System-Wide Educational Reform Goals
25and Objectives Plan; (iv) a statement of the major steps
26necessary to accomplish the goals of the Approved System-Wide

 

 

HB5906- 24 -LRB103 43058 LNS 76311 b

1Educational Reform Goals and Objectives Plan; (v) a commentary
2with respect to those Board policies and rules and those
3provisions of this The School Code and collective bargaining
4agreements between the Board and its employees which, in the
5opinion of the Authority, are obstacles and a hindrance to
6fulfillment of any Approved System-Wide Educational Reform
7Goals and Objectives Plan; and (vi) a request for any
8legislative action necessary to achieve the goals of the
9Approved System-Wide Educational Reform Goals and Objectives
10Plan.
11(Source: P.A. 100-1148, eff. 12-10-18.)

 

 

HB5906- 25 -LRB103 43058 LNS 76311 b

1 INDEX
2 Statutes amended in order of appearance
3    105 ILCS 5/34A-102from Ch. 122, par. 34A-102
4    105 ILCS 5/34A-103from Ch. 122, par. 34A-103
5    105 ILCS 5/34A-201from Ch. 122, par. 34A-201
6    105 ILCS 5/34A-302from Ch. 122, par. 34A-302
7    105 ILCS 5/34A-403from Ch. 122, par. 34A-403
8    105 ILCS 5/34A-404from Ch. 122, par. 34A-404
9    105 ILCS 5/34A-405.2
10    105 ILCS 5/34A-602from Ch. 122, par. 34A-602
11    105 ILCS 5/34A-604from Ch. 122, par. 34A-604
12    105 ILCS 5/34A-606from Ch. 122, par. 34A-606