093_SB0022eng

 
SB22 Engrossed                       LRB093 02187 NHT 02194 b

 1        AN ACT in relation to schools.

 2        Be  it  enacted  by  the People of the State of Illinois,
 3    represented in the General Assembly:

 4        Section 5.  The Property Tax Code is amended by  changing
 5    Section 18-185 and by adding Section 18-201 as follows:

 6        (35 ILCS 200/18-185)
 7        Sec.  18-185.  Short title; definitions.  This Division 5
 8    may be cited as the Property Tax  Extension  Limitation  Law.
 9    As used in this Division 5:
10        "Consumer Price Index" means the Consumer Price Index for
11    All  Urban  Consumers  for  all items published by the United
12    States Department of Labor.
13        "Extension limitation" means (a) the lesser of 5% or  the
14    percentage  increase  in  the Consumer Price Index during the
15    12-month calendar year preceding the levy  year  or  (b)  the
16    rate of increase approved by voters under Section 18-205.
17        "Affected  county"  means  a  county of 3,000,000 or more
18    inhabitants or a county contiguous to a county  of  3,000,000
19    or more inhabitants.
20        "Taxing  district"  has  the  same  meaning  provided  in
21    Section  1-150, except as otherwise provided in this Section.
22    For the 1991 through 1994 levy years only, "taxing  district"
23    includes  only  each non-home rule taxing district having the
24    majority of its 1990  equalized  assessed  value  within  any
25    county  or  counties contiguous to a county with 3,000,000 or
26    more inhabitants.  Beginning with the 1995 levy year, "taxing
27    district" includes only each non-home  rule  taxing  district
28    subject  to  this  Law  before  the  1995  levy year and each
29    non-home rule taxing district not subject to this Law  before
30    the  1995 levy year having the majority of its 1994 equalized
31    assessed value in an affected county or counties.   Beginning
 
SB22 Engrossed              -2-      LRB093 02187 NHT 02194 b
 1    with  the levy year in which this Law becomes applicable to a
 2    taxing  district  as  provided  in  Section  18-213,  "taxing
 3    district" also includes those taxing districts  made  subject
 4    to this Law as provided in Section 18-213.
 5        "Aggregate  extension" for taxing districts to which this
 6    Law applied before  the  1995  levy  year  means  the  annual
 7    corporate extension for the taxing district and those special
 8    purpose  extensions  that  are  made  annually for the taxing
 9    district, excluding special purpose extensions: (a) made  for
10    the  taxing  district to pay interest or principal on general
11    obligation bonds that were approved by referendum;  (b)  made
12    for  any  taxing  district  to  pay  interest or principal on
13    general obligation bonds issued before October 1,  1991;  (c)
14    made  for any taxing district to pay interest or principal on
15    bonds issued to refund or  continue  to  refund  those  bonds
16    issued  before  October  1,  1991;  (d)  made  for any taxing
17    district to pay interest or  principal  on  bonds  issued  to
18    refund  or  continue  to refund bonds issued after October 1,
19    1991 that were approved  by  referendum;  (e)  made  for  any
20    taxing district to pay interest or principal on revenue bonds
21    issued before October 1, 1991 for payment of which a property
22    tax  levy  or  the full faith and credit of the unit of local
23    government is pledged; however, a  tax  for  the  payment  of
24    interest or principal on those bonds shall be made only after
25    the governing body of the unit of local government finds that
26    all  other sources for payment are insufficient to make those
27    payments; (f) made for payments under a  building  commission
28    lease when the lease payments are for the retirement of bonds
29    issued  by  the commission before October 1, 1991, to pay for
30    the  building  project;  (g)  made  for  payments  due  under
31    installment contracts entered into before  October  1,  1991;
32    (h)  made  for  payments  of  principal and interest on bonds
33    issued under the Metropolitan Water Reclamation District  Act
34    to  finance construction projects initiated before October 1,
 
SB22 Engrossed              -3-      LRB093 02187 NHT 02194 b
 1    1991; (i) made for payments  of  principal  and  interest  on
 2    limited   bonds,  as  defined  in  Section  3  of  the  Local
 3    Government Debt Reform Act, in an amount not  to  exceed  the
 4    debt  service  extension  base  less the amount in items (b),
 5    (c), (e), and  (h)  of  this  definition  for  non-referendum
 6    obligations,  except obligations initially issued pursuant to
 7    referendum; (j) made for payments of principal  and  interest
 8    on bonds issued under Section 15 of the Local Government Debt
 9    Reform   Act;   and  (k)  made  by  a  school  district  that
10    participates  in  the  Special  Education  District  of  Lake
11    County, created by special education  joint  agreement  under
12    Section  10-22.31  of  the  School  Code,  for payment of the
13    school  district's  share  of  the  amounts  required  to  be
14    contributed by the Special Education District of Lake  County
15    to  the Illinois Municipal Retirement Fund under Article 7 of
16    the Illinois Pension Code; the amount of any extension  under
17    this  item  (k)  shall be certified by the school district to
18    the county clerk.
19        "Aggregate extension" for the taxing districts  to  which
20    this  Law  did  not  apply  before the 1995 levy year (except
21    taxing districts subject  to  this  Law  in  accordance  with
22    Section  18-213) means the annual corporate extension for the
23    taxing district and those special purpose extensions that are
24    made annually for  the  taxing  district,  excluding  special
25    purpose  extensions:  (a) made for the taxing district to pay
26    interest or principal on general obligation bonds  that  were
27    approved  by  referendum; (b) made for any taxing district to
28    pay interest or principal on general obligation bonds  issued
29    before March 1, 1995; (c) made for any taxing district to pay
30    interest  or  principal on bonds issued to refund or continue
31    to refund those bonds issued before March 1, 1995;  (d)  made
32    for any taxing district to pay interest or principal on bonds
33    issued  to  refund  or  continue to refund bonds issued after
34    March 1, 1995 that were approved by referendum; (e) made  for
 
SB22 Engrossed              -4-      LRB093 02187 NHT 02194 b
 1    any  taxing  district to pay interest or principal on revenue
 2    bonds issued before March 1, 1995  for  payment  of  which  a
 3    property tax levy or the full faith and credit of the unit of
 4    local  government  is pledged; however, a tax for the payment
 5    of interest or principal on those bonds shall  be  made  only
 6    after  the  governing  body  of  the unit of local government
 7    finds that all other sources for payment are insufficient  to
 8    make  those  payments; (f) made for payments under a building
 9    commission  lease  when  the  lease  payments  are  for   the
10    retirement  of bonds issued by the commission before March 1,
11    1995 to pay for the building project; (g) made  for  payments
12    due  under installment contracts entered into before March 1,
13    1995; (h) made for payments  of  principal  and  interest  on
14    bonds   issued   under  the  Metropolitan  Water  Reclamation
15    District  Act  to  finance  construction  projects  initiated
16    before October 1, 1991; (i) made for  payments  of  principal
17    and interest on limited bonds, as defined in Section 3 of the
18    Local  Government Debt Reform Act, in an amount not to exceed
19    the debt service extension base less the amount in items (b),
20    (c),  and  (e)  of   this   definition   for   non-referendum
21    obligations,  except obligations initially issued pursuant to
22    referendum and bonds described  in  subsection  (h)  of  this
23    definition;  (j)  made for payments of principal and interest
24    on bonds issued under Section 15 of the Local Government Debt
25    Reform Act; (k) made for payments of principal  and  interest
26    on  bonds  authorized  by  Public Act 88-503 and issued under
27    Section 20a of the Chicago Park District Act for aquarium  or
28    museum  projects;  (l)  made  for  payments  of principal and
29    interest on bonds authorized by Public Act 87-1191 and issued
30    under Section 42 of the Cook County Forest Preserve  District
31    Act  for  zoological  park projects; and (m) made pursuant to
32    Section 34-53.5 of the School Code, whether  levied  annually
33    or not.
34        "Aggregate  extension"  for all taxing districts to which
 
SB22 Engrossed              -5-      LRB093 02187 NHT 02194 b
 1    this Law applies in accordance with  Section  18-213,  except
 2    for  those  taxing  districts  subject  to  paragraph  (2) of
 3    subsection (e) of Section 18-213, means the annual  corporate
 4    extension  for  the taxing district and those special purpose
 5    extensions that are made annually for  the  taxing  district,
 6    excluding special purpose extensions: (a) made for the taxing
 7    district  to  pay interest or principal on general obligation
 8    bonds that were approved by  referendum;  (b)  made  for  any
 9    taxing  district  to  pay  interest  or  principal on general
10    obligation  bonds  issued  before  the  date  on  which   the
11    referendum  making this Law applicable to the taxing district
12    is held; (c) made for any taxing district to pay interest  or
13    principal  on  bonds  issued  to refund or continue to refund
14    those bonds issued before the date on  which  the  referendum
15    making  this  Law  applicable to the taxing district is held;
16    (d) made for any taxing district to pay interest or principal
17    on bonds issued to refund or continue to refund bonds  issued
18    after  the  date  on  which  the  referendum  making this Law
19    applicable to the taxing district is held if the  bonds  were
20    approved by referendum after the date on which the referendum
21    making  this  Law  applicable to the taxing district is held;
22    (e) made for any taxing district to pay interest or principal
23    on  revenue  bonds  issued  before  the  date  on  which  the
24    referendum making this Law applicable to the taxing  district
25    is  held for payment of which a property tax levy or the full
26    faith and credit of the unit of local government is  pledged;
27    however,  a  tax  for the payment of interest or principal on
28    those bonds shall be made only after the  governing  body  of
29    the unit of local government finds that all other sources for
30    payment are insufficient to make those payments; (f) made for
31    payments  under  a  building  commission lease when the lease
32    payments are for  the  retirement  of  bonds  issued  by  the
33    commission  before  the  date  on which the referendum making
34    this Law applicable to the taxing district is held to pay for
 
SB22 Engrossed              -6-      LRB093 02187 NHT 02194 b
 1    the  building  project;  (g)  made  for  payments  due  under
 2    installment contracts entered into before the date  on  which
 3    the  referendum  making  this  Law  applicable  to the taxing
 4    district is held; (h) made  for  payments  of  principal  and
 5    interest  on  limited  bonds,  as defined in Section 3 of the
 6    Local Government Debt Reform Act, in an amount not to  exceed
 7    the debt service extension base less the amount in items (b),
 8    (c),   and   (e)   of   this  definition  for  non-referendum
 9    obligations, except obligations initially issued pursuant  to
10    referendum;  (i)  made for payments of principal and interest
11    on bonds issued under Section 15 of the Local Government Debt
12    Reform Act; and (j) made for a qualified airport authority to
13    pay interest or principal on general obligation bonds  issued
14    for the purpose of paying obligations due under, or financing
15    airport  facilities  required  to  be  acquired, constructed,
16    installed or equipped pursuant  to,  contracts  entered  into
17    before  March  1,  1996  (but not including any amendments to
18    such a contract taking effect on or after that date).
19        "Aggregate extension" for all taxing districts  to  which
20    this   Law  applies  in  accordance  with  paragraph  (2)  of
21    subsection (e) of Section 18-213 means the  annual  corporate
22    extension  for  the taxing district and those special purpose
23    extensions that are made annually for  the  taxing  district,
24    excluding special purpose extensions: (a) made for the taxing
25    district  to  pay interest or principal on general obligation
26    bonds that were approved by  referendum;  (b)  made  for  any
27    taxing  district  to  pay  interest  or  principal on general
28    obligation bonds issued before the  effective  date  of  this
29    amendatory  Act  of 1997; (c) made for any taxing district to
30    pay interest or  principal  on  bonds  issued  to  refund  or
31    continue  to  refund  those bonds issued before the effective
32    date of this amendatory Act of 1997; (d) made for any  taxing
33    district  to  pay  interest  or  principal on bonds issued to
34    refund or continue to refund bonds issued after the effective
 
SB22 Engrossed              -7-      LRB093 02187 NHT 02194 b
 1    date of this  amendatory  Act  of  1997  if  the  bonds  were
 2    approved  by  referendum  after  the  effective  date of this
 3    amendatory Act of 1997; (e) made for any taxing  district  to
 4    pay  interest or principal on revenue bonds issued before the
 5    effective date of this amendatory Act of 1997 for payment  of
 6    which a property tax levy or the full faith and credit of the
 7    unit  of  local government is pledged; however, a tax for the
 8    payment of interest or principal on those bonds shall be made
 9    only after the governing body of the unit of local government
10    finds that all other sources for payment are insufficient  to
11    make  those  payments; (f) made for payments under a building
12    commission  lease  when  the  lease  payments  are  for   the
13    retirement  of  bonds  issued  by  the  commission before the
14    effective date of this amendatory Act of 1997 to pay for  the
15    building project; (g) made for payments due under installment
16    contracts  entered  into  before  the  effective date of this
17    amendatory Act of 1997; (h) made for  payments  of  principal
18    and interest on limited bonds, as defined in Section 3 of the
19    Local  Government Debt Reform Act, in an amount not to exceed
20    the debt service extension base less the amount in items (b),
21    (c),  and  (e)  of   this   definition   for   non-referendum
22    obligations,  except obligations initially issued pursuant to
23    referendum; (i) made for payments of principal  and  interest
24    on bonds issued under Section 15 of the Local Government Debt
25    Reform Act; and (j) made for a qualified airport authority to
26    pay  interest or principal on general obligation bonds issued
27    for the purpose of paying obligations due under, or financing
28    airport facilities  required  to  be  acquired,  constructed,
29    installed  or  equipped  pursuant  to, contracts entered into
30    before March 1, 1996 (but not  including  any  amendments  to
31    such a contract taking effect on or after that date).
32        "Debt  service  extension  base" means an amount equal to
33    that portion of the extension for a taxing district  for  the
34    1994 levy year, or for those taxing districts subject to this
 
SB22 Engrossed              -8-      LRB093 02187 NHT 02194 b
 1    Law  in  accordance  with  Section  18-213,  except for those
 2    subject to paragraph (2) of subsection (e) of Section 18-213,
 3    for the levy year in which the  referendum  making  this  Law
 4    applicable  to  the  taxing  district  is  held, or for those
 5    taxing districts subject  to  this  Law  in  accordance  with
 6    paragraph  (2)  of  subsection  (e) of Section 18-213 for the
 7    1996 levy year, constituting  an  extension  for  payment  of
 8    principal and interest on bonds issued by the taxing district
 9    without referendum, but not including (i) bonds authorized by
10    Public Act 88-503 and issued under Section 20a of the Chicago
11    Park  District  Act  for  aquarium  and museum projects; (ii)
12    bonds issued under Section 15 of the  Local  Government  Debt
13    Reform  Act;  or (iii) refunding obligations issued to refund
14    or  to  continue  to  refund  obligations  initially   issued
15    pursuant  to  referendum;  or  (iv)  bonds  issued  for  fire
16    prevention  and  safety purposes under Section 17-2.11 of the
17    School Code after the effective date of this  amendatory  Act
18    of  the  93rd General Assembly and bonds issued to refund the
19    fire prevention and safety bonds issued after  the  effective
20    date of this amendatory Act of the 93rd General Assembly. The
21    debt  service  extension base may be established or increased
22    as provided under Section 18-212.
23        "Special purpose extensions" include, but are not limited
24    to, extensions  for  levies  made  on  an  annual  basis  for
25    unemployment   and   workers'  compensation,  self-insurance,
26    contributions to pension plans, and extensions made  pursuant
27    to  Section  6-601  of  the  Illinois Highway Code for a road
28    district's permanent road fund  whether  levied  annually  or
29    not.   The  extension  for  a  special  service  area  is not
30    included in the aggregate extension.
31        "Aggregate extension base" means  the  taxing  district's
32    last preceding aggregate extension as adjusted under Sections
33    18-215 through 18-230.
34        "Levy  year" has the same meaning as "year" under Section
 
SB22 Engrossed              -9-      LRB093 02187 NHT 02194 b
 1    1-155.
 2        "New property" means (i) the assessed value, after  final
 3    board   of   review  or  board  of  appeals  action,  of  new
 4    improvements or additions to  existing  improvements  on  any
 5    parcel  of  real property that increase the assessed value of
 6    that real property during the levy  year  multiplied  by  the
 7    equalization  factor  issued  by the Department under Section
 8    17-30 and (ii) the  assessed  value,  after  final  board  of
 9    review  or  board  of  appeals  action,  of real property not
10    exempt from real estate taxation,  which  real  property  was
11    exempt  from  real  estate  taxation  for  any portion of the
12    immediately  preceding   levy   year,   multiplied   by   the
13    equalization  factor  issued  by the Department under Section
14    17-30. In addition, the county clerk in a county containing a
15    population of 3,000,000 or more shall  include  in  the  1997
16    recovered  tax  increment  value for any school district, any
17    recovered tax increment value that was applicable to the 1995
18    tax year calculations.
19        "Qualified airport authority" means an airport  authority
20    organized  under the Airport Authorities Act and located in a
21    county bordering on the  State  of  Wisconsin  and  having  a
22    population in excess of 200,000 and not greater than 500,000.
23        "Recovered   tax   increment   value"  means,  except  as
24    otherwise provided in  this  paragraph,  the  amount  of  the
25    current  year's  equalized  assessed value, in the first year
26    after a municipality terminates the designation of an area as
27    a redevelopment project area previously established under the
28    Tax Increment Allocation  Development  Act  in  the  Illinois
29    Municipal  Code,  previously established under the Industrial
30    Jobs  Recovery  Law  in  the  Illinois  Municipal  Code,   or
31    previously  established  under  the Economic Development Area
32    Tax Increment Allocation Act, of  each  taxable  lot,  block,
33    tract,  or  parcel  of  real  property  in  the redevelopment
34    project area over and above the  initial  equalized  assessed
 
SB22 Engrossed              -10-     LRB093 02187 NHT 02194 b
 1    value of each property in the redevelopment project area. For
 2    the  taxes  which  are  extended  for the 1997 levy year, the
 3    recovered tax increment value  for  a  non-home  rule  taxing
 4    district  that  first became subject to this Law for the 1995
 5    levy year because a majority of its 1994  equalized  assessed
 6    value  was  in  an  affected  county  or  counties  shall  be
 7    increased  if a municipality terminated the designation of an
 8    area in 1993  as  a  redevelopment  project  area  previously
 9    established  under  the  Tax Increment Allocation Development
10    Act in the Illinois Municipal  Code,  previously  established
11    under  the  Industrial  Jobs  Recovery  Law  in  the Illinois
12    Municipal Code, or previously established under the  Economic
13    Development  Area  Tax Increment Allocation Act, by an amount
14    equal to the 1994 equalized assessed value  of  each  taxable
15    lot,  block,  tract,  or  parcel  of  real  property  in  the
16    redevelopment   project  area  over  and  above  the  initial
17    equalized  assessed   value   of   each   property   in   the
18    redevelopment  project  area.  In  the  first  year  after  a
19    municipality  removes  a taxable lot, block, tract, or parcel
20    of  real  property  from   a   redevelopment   project   area
21    established  under  the  Tax Increment Allocation Development
22    Act in the  Illinois  Municipal  Code,  the  Industrial  Jobs
23    Recovery  Law in the Illinois Municipal Code, or the Economic
24    Development Area Tax Increment Allocation Act, "recovered tax
25    increment value" means  the  amount  of  the  current  year's
26    equalized  assessed  value of each taxable lot, block, tract,
27    or parcel of real property  removed  from  the  redevelopment
28    project  area  over  and above the initial equalized assessed
29    value  of  that  real  property  before  removal   from   the
30    redevelopment project area.
31        Except  as  otherwise provided in this Section, "limiting
32    rate" means a fraction the numerator of  which  is  the  last
33    preceding  aggregate  extension base times an amount equal to
34    one plus the extension limitation defined in this Section and
 
SB22 Engrossed              -11-     LRB093 02187 NHT 02194 b
 1    the denominator of which  is  the  current  year's  equalized
 2    assessed  value  of  all real property in the territory under
 3    the jurisdiction of the taxing district during the prior levy
 4    year.   For  those  taxing  districts  that   reduced   their
 5    aggregate  extension  for  the  last preceding levy year, the
 6    highest aggregate extension in any of the  last  3  preceding
 7    levy  years  shall  be  used for the purpose of computing the
 8    limiting  rate.   The  denominator  shall  not  include   new
 9    property.   The  denominator  shall not include the recovered
10    tax increment value.
11    (Source: P.A. 91-357, eff.  7-29-99;  91-478,  eff.  11-1-99;
12    92-547, eff. 6-13-02.)

13        (35 ILCS 200/18-201 new)
14        Sec. 18-201.  School districts.
15        (a)  The  aggregate extension for a school district shall
16    not include any extension (i) made for  fire  prevention  and
17    safety  purposes  under  Section  17-2.11  of the School Code
18    produced by that portion of the  rate  for  that  purpose  in
19    excess  of  the  district's maximum permissible rate for that
20    purpose immediately prior  to  the  effective  date  of  this
21    amendatory  Act of the 93rd General Assembly or (ii) made for
22    payments of principal and interest  on  fire  prevention  and
23    safety  bonds issued under Section 17-2.11 of the School Code
24    after the effective date of this amendatory Act of  the  93rd
25    General  Assembly  or  on  bonds  issued  to  refund the fire
26    prevention and safety bonds issued after the  effective  date
27    of this amendatory Act of the 93rd General Assembly.
28        (b)  The  requirements of Section 18-190 of this Code for
29    a direct referendum on the imposition of a new  or  increased
30    tax  rate  shall  not  apply  to  the tax levies that are not
31    included in the aggregate extension pursuant to this Section.

32        (35 ILCS 200/18-200 rep.)
 
SB22 Engrossed              -12-     LRB093 02187 NHT 02194 b
 1        Section  10.   The  Property  Tax  Code  is  amended   by
 2    repealing Section 18-200.

 3        Section  15.  The  School  Code  is  amended  by changing
 4    Sections 2-3.12,  10-22.14,  17-2.2,  17-2.11,  and  19-1  as
 5    follows:

 6        (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
 7        Sec. 2-3.12.  School building code. To prepare for school
 8    boards  with  the  advice of the Department of Public Health,
 9    the Capital Development Board, and the State Fire  Marshal  a
10    school building code that will conserve the health and safety
11    and  general  welfare  of the pupils and school personnel and
12    others who use public school facilities.
13        The document known as "Efficient and  Adequate  Standards
14    for  the  Construction  of Schools" applies only to temporary
15    school facilities, new school  buildings,  and  additions  to
16    existing  schools  whose  construction  contracts are awarded
17    after July 1, 1965.  On or before July 1, 1967,  each  school
18    board  shall  have  its  school  district buildings that were
19    constructed  prior  to  January  1,  1955,  surveyed  by   an
20    architect or engineer licensed in the State of Illinois as to
21    minimum standards necessary to conserve the health and safety
22    of  the  pupils  enrolled  in  the  school  buildings  of the
23    district.  Buildings constructed between January 1, 1955  and
24    July  1,  1965,  not owned by the State of Illinois, shall be
25    surveyed by an architect or engineer licensed in the State of
26    Illinois beginning 10 years after acceptance of the completed
27    building by the school board.  Buildings constructed  between
28    January  1, 1955 and July 1, 1955 and previously exempt under
29    the provisions of Section 35-27 shall be  surveyed  prior  to
30    July  1,  1977  by  an  architect or engineer licensed in the
31    State of Illinois.  The  architect  or  engineer,  using  the
32    document  known  as  "Building  Specifications for Health and
 
SB22 Engrossed              -13-     LRB093 02187 NHT 02194 b
 1    Safety in Public Schools" as a guide, shall make a report  of
 2    the  findings  of  the  survey  to  the  school board, giving
 3    priority  in  that  report  to  fire  safety   problems   and
 4    recommendations  thereon  if  any  such  problems exist.  The
 5    school board of each district so  surveyed  and  receiving  a
 6    report  of  needed  recommendations  to  be  made  to improve
 7    standards of safety and health of  the  pupils  enrolled  has
 8    until  July 1, 1970, or in case of buildings not owned by the
 9    State of Illinois and completed between January 1,  1955  and
10    July  1,  1965  or in the case of buildings previously exempt
11    under the provisions of Section 35-27 has a period of 3 years
12    after  the  survey  is   commenced,   to   effectuate   those
13    recommendations,    giving    first    attention    to    the
14    recommendations  in the survey report having priority status,
15    and is authorized to levy the tax  provided  for  in  Section
16    17-2.11, according to the provisions of that Section, to make
17    such  improvements.  School boards unable to effectuate those
18    recommendations prior to July 1, 1970, on July 1, 1980 in the
19    case of buildings previously exempt under the  provisions  of
20    Section  35-27,  may  petition  the  State  Superintendent of
21    Education   upon   the   recommendation   of   the   Regional
22    Superintendent for an extension of time.   The  extension  of
23    time  may be granted by the State Superintendent of Education
24    for a period of one year, but may be extended  from  year  to
25    year  provided  substantial  progress,  in the opinion of the
26    State Superintendent  of  Education,  is  being  made  toward
27    compliance.  However,  for  fire  protection issues, only one
28    one-year extension may be made, and  no  other  provision  of
29    this   Code   or   an  applicable  code  may  supersede  this
30    requirement. For routine inspections,  fire  officials  shall
31    provide  written  notice  to  the  principal of the school to
32    schedule a mutually agreed upon  time  for  the  fire  safety
33    check.   However,  no  more than 2 routine inspections may be
34    made in a calendar year.
 
SB22 Engrossed              -14-     LRB093 02187 NHT 02194 b
 1        Within  2  years  after  the  effective  date   of   this
 2    amendatory  Act of 1983, and every 10 years thereafter, or at
 3    such other times  as  the  State  Board  of  Education  deems
 4    necessary  or  the  regional  superintendent  so orders, each
 5    school board subject to the provisions of this Section  shall
 6    again   survey   its  school  buildings  and  effectuate  any
 7    recommendations in accordance with the procedures  set  forth
 8    herein.  An  architect  or  engineer licensed in the State of
 9    Illinois  is  required  to  conduct  the  surveys  under  the
10    provisions of this Section and shall make  a  report  of  the
11    findings  of  the survey titled "safety survey report" to the
12    school board.  The school  board  shall  approve  the  safety
13    survey  report,  including  any recommendations to effectuate
14    compliance with the code,  and  submit  it  to  the  Regional
15    Superintendent.   The  Regional Superintendent shall render a
16    decision regarding approval or denial and submit  the  safety
17    survey  report to the State Superintendent of Education.  The
18    State Superintendent of Education shall approve or  deny  the
19    report  including  recommendations  to  effectuate compliance
20    with the code  and,  if  approved,  issue  a  certificate  of
21    approval.  Upon  receipt  of the certificate of approval, the
22    Regional Superintendent shall issue an order  to  effect  any
23    approved  recommendations  included  in the report.  Items in
24    the report shall  be  prioritized.   Urgent  items  shall  be
25    considered  as  those  items  related to life safety problems
26    that present an immediate hazard to the safety  of  students.
27    Required  items  shall  be considered as those items that are
28    necessary for a safe  environment  but  present  less  of  an
29    immediate  hazard  to  the  safety  of  students.  Urgent and
30    required items shall be defined in rules adopted by the State
31    Board  of  Education.    Urgent  and  required  items   shall
32    reference  a  specific  rule  in  the code authorized by this
33    Section that is currently being violated or will be  violated
34    within  the  next 12 months if the violation is not remedied.
 
SB22 Engrossed              -15-     LRB093 02187 NHT 02194 b
 1    The school board of each district so surveyed and receiving a
 2    report of needed  recommendations  to  be  made  to  maintain
 3    standards  of  safety and health of the pupils enrolled shall
 4    effectuate  the  correction  of  urgent  items  as  soon   as
 5    achievable  to  ensure  the safety of the students, but in no
 6    case  more  than  one  year  after  the  date  of  the  State
 7    Superintendent of Education's approval of the recommendation.
 8    Required items shall be corrected in a timely manner, but  in
 9    no  case  more  than  3  5  years  from the date of the State
10    Superintendent of Education's approval of the recommendation.
11    Once each year the school board  shall  submit  a  report  of
12    progress  on  completion of any recommendations to effectuate
13    compliance with the code.  For  each  year  that  the  school
14    board    does    not   effectuate   any   or   all   approved
15    recommendations,   it    shall    petition    the    Regional
16    Superintendent  and  the  State  Superintendent  of Education
17    detailing what work was completed in the previous year and  a
18    work  plan  for  completion of the remaining work.  If in the
19    judgement  of  the  Regional  Superintendent  and  the  State
20    Superintendent of Education  substantial  progress  has  been
21    made  and  just cause has been shown by the school board, the
22    petition for a one year extension of time may be approved.
23        As soon as practicable, but not later than 2 years  after
24    the  effective date of this amendatory Act of 1992, the State
25    Board of  Education  shall  combine  the  document  known  as
26    "Efficient  and  Adequate  Standards  for the Construction of
27    Schools" with the document known as "Building  Specifications
28    for  Health  and  Safety in Public Schools" together with any
29    modifications or additions that may be deemed necessary.  The
30    combined document shall be known as the  "Health/Life  Safety
31    Code  for Public Schools" and shall be the governing code for
32    all facilities that  house  public  school  students  or  are
33    otherwise  used  for  public  school  purposes,  whether such
34    facilities are permanent or temporary and  whether  they  are
 
SB22 Engrossed              -16-     LRB093 02187 NHT 02194 b
 1    owned,  leased,  rented,  or  otherwise used by the district.
 2    Facilities owned by a school district but that are  not  used
 3    to  house  public  school students or are not used for public
 4    school purposes shall  be  governed  by  separate  provisions
 5    within the code authorized by this Section.
 6        The  10 year survey cycle specified in this Section shall
 7    continue to apply based upon the standards contained  in  the
 8    "Health/Life  Safety  Code  for  Public Schools", which shall
 9    specify building standards for buildings that are constructed
10    prior to the effective date of this amendatory  Act  of  1992
11    and for buildings that are constructed after that date.
12        The "Health/Life Safety Code for Public Schools" shall be
13    the   governing   code   for  public  schools;  however,  the
14    provisions of this Section shall not preclude  inspection  of
15    school  premises  and  buildings pursuant to Section 9 of the
16    Fire Investigation Act, provided that the provisions  of  the
17    "Health/Life   Safety  Code  for  Public  Schools",  or  such
18    predecessor document authorized by this  Section  as  may  be
19    applicable  are used, and provided that those inspections are
20    coordinated   with   the   Regional   Superintendent   having
21    jurisdiction over the public school  facility.    Nothing  in
22    this  Section  shall  be  construed  to prohibit a local fire
23    department, fire protection district, or the  Office  of  the
24    State  Fire  Marshal from conducting a fire safety check in a
25    public school.  Upon being notified by a fire  official  that
26    corrective  action  must be taken to resolve a violation, the
27    school board shall take corrective action  within  one  year.
28    However,  violations  that  present  imminent  danger must be
29    addressed immediately.
30        Any agency having jurisdiction beyond the  scope  of  the
31    applicable  document  authorized  by this Section may issue a
32    lawful order to a school board to effectuate recommendations,
33    and the school board receiving the order shall certify to the
34    Regional  Superintendent  and  the  State  Superintendent  of
 
SB22 Engrossed              -17-     LRB093 02187 NHT 02194 b
 1    Education when it has complied with the order.
 2        The State Board of Education is authorized to  adopt  any
 3    rules  that  are necessary relating to the administration and
 4    enforcement of the provisions  of  this  Section.   The  code
 5    authorized  by  this Section shall apply only to those school
 6    districts  having  a  population   of   less   than   500,000
 7    inhabitants.
 8    (Source: P.A. 92-593, eff. 1-1-03.)


 9        (105 ILCS 5/10-22.14) (from Ch. 122, par. 10-22.14)
10        Sec.  10-22.14.  Borrowing  money  and  issuing bonds. To
11    borrow money, and issue bonds for the  purposes  and  in  the
12    manner provided by this Act.
13        When  bond  proceeds  from  the  sale  of bonds include a
14    premium, or when the proceeds of bonds issued  for  the  fire
15    prevention,  safety, energy conservation, and school security
16    purposes as specified in  Section  17-2.11  are  invested  as
17    authorized  by  law,  the board shall determine by resolution
18    whether  the  interest  earned  on  the  investment  of  bond
19    proceeds authorized under  Section  17-2.11  or  the  premium
20    realized  in  the sale of bonds, as the case may be, is to be
21    used for the purposes for which the  bonds  were  issued  or,
22    instead,  for  payment  of  the  principal  indebtedness  and
23    interest on those bonds.
24        When   bonds,  other  than  bonds  issued  for  the  fire
25    prevention, safety, energy conservation, and school  security
26    purposes  as  specified  in Section 17-2.11 are issued by any
27    school district, and the purposes for which  the  bonds  have
28    been  issued are accomplished and paid for in full, and there
29    remain funds on hand  from  the  proceeds  of  the  bonds  so
30    issued,  the  board  by  resolution may transfer those excess
31    funds to the operations and maintenance fund.
32        When bonds are issued by any school district for the fire
 
SB22 Engrossed              -18-     LRB093 02187 NHT 02194 b
 1    prevention, safety, energy conservation, and school  security
 2    purposes  as  specified  in Section 17-2.11, and the purposes
 3    for which the bonds have been  issued  are  accomplished  and
 4    paid  in  full,  and  there  remain  funds  on  hand from the
 5    proceeds of the bonds issued, the board by  resolution  shall
 6    use   those  excess  funds  (1)  for  other  authorized  fire
 7    prevention, safety, energy conservation, and school  security
 8    purposes  as specified in Section 17-2.11 or (2) for transfer
 9    to the Bond and Interest Fund for payment  of  principal  and
10    interest on those bonds.  If any transfer is made to the Bond
11    and  Interest  Fund,  the secretary of the school board shall
12    within 30 days notify the county clerk of the amount of  that
13    transfer  and  direct  the  clerk  to  abate  the taxes to be
14    extended for the purposes of principal and interest  payments
15    on  the  respective  bonds issued under Section 17-2.11 by an
16    amount equal to such transfer.
17    (Source: P.A. 86-970; 87-984.)

18        (105 ILCS 5/17-2.2) (from Ch. 122, par. 17-2.2)
19        Sec. 17-2.2.  Backdoor Back door referendum. Whenever any
20    school district first levies a tax at a rate within the limit
21    prescribed by paragraph (3) of Section 17-2 but in excess  of
22    the  maximum permissible on July 9, 1957, or within the limit
23    prescribed by paragraph (1) or (2) of  Section  17-2  but  in
24    excess  of  the  maximum  permissible  on  June  30, 1965, or
25    whenever after August 3, 1989 any school district maintaining
26    only grades kindergarten through 8 first  levies  a  tax  for
27    transportation  purposes  for any school year which is within
28    the limit prescribed for that school year by paragraph (5) of
29    Section 17-2 but in excess of the maximum  authorized  to  be
30    levied  for  such  purposes  for  the 1988-89 school year, or
31    whenever after August  3,  1989  any  school  district  first
32    levies  a tax for operations and maintenance purposes for any
33    school year which is within the  limit  prescribed  for  that
 
SB22 Engrossed              -19-     LRB093 02187 NHT 02194 b
 1    school year by paragraph (3) of Section 17-2 but in excess of
 2    the maximum authorized to be levied for such purposes for the
 3    immediately  preceding  school  year,  or whenever a backdoor
 4    referendum is required under Section  17-2.11,  the  district
 5    shall cause to be published a notice of the proposed tax levy
 6    such   resolution  in  at  least  one  newspaper  of  general
 7    circulation or more newspapers  published  in  the  district,
 8    within   10  days  after  such  levy  is  made.   The  notice
 9    publication of the resolution shall include a notice  of  (1)
10    the  specific  number  of  voters required to sign a petition
11    requesting that the question of the adoption of the tax  levy
12    be  submitted  to the voters of the district; (2) the time in
13    which the petition must be filed; and (3)  the  date  of  the
14    prospective referendum.  The district Secretary shall provide
15    a  petition  form  to  any  individual  requesting  one.  Any
16    registered voter taxpayer in such  district  may,  within  30
17    days  after such levy is made, file with the Secretary of the
18    board of education a petition signed by  the  voters  of  the
19    district equal to 10% or more of the registered voters of the
20    district  requesting  the  submission  to a referendum of the
21    following proposition:
22        "Shall school district No..... be authorized  to  levy  a
23    tax  for  (state  purposes)  (in  excess  of....  but  not to
24    exceed....) or (at a rate not to exceed...%) as authorized in
25    Section.... 17-2 of the School Code?" The  secretary  of  the
26    board  of  education  shall  certify  the  proposition to the
27    proper election authorities for submission to the  electorate
28    at  a  regular  scheduled  election  in  accordance  with the
29    general election law.
30        If a majority of the voters  voting  on  the  proposition
31    vote in favor thereof, such increased tax shall thereafter be
32    authorized;  if  a  majority  of  the  vote  is  against such
33    proposition, the previous maximum rate  authorized,  if  any,
34    shall remain in effect until changed by law.
 
SB22 Engrossed              -20-     LRB093 02187 NHT 02194 b
 1    (Source: P.A. 86-128; 86-134; 86-1028; 86-1334; 87-767.)

 2        (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
 3        Sec.  17-2.11.  School  board  power  to levy a tax or to
 4    borrow money and issue bonds  for  fire  prevention,  safety,
 5    energy conservation, disabled accessibility, school security,
 6    and  specified  repair purposes. Whenever, as a result of any
 7    lawful order of any agency, other than a school board, having
 8    authority to enforce any school building code  applicable  to
 9    any  facility  that houses students, or any law or regulation
10    for the protection and safety of the environment, pursuant to
11    the Environmental Protection Act, any school district  having
12    a  population of less than 500,000 inhabitants is required to
13    alter,  repair,  or  reconstruct  any  school   building   or
14    permanent,  fixed  equipment;  or  whenever any such district
15    determines that  it  is  necessary  for  energy  conservation
16    purposes   that  any  school  building  or  permanent,  fixed
17    equipment should be altered or reconstructed  and  that  such
18    alterations  or  reconstruction  will  be made with funds not
19    necessary for the  completion  of  approved  and  recommended
20    projects  contained in any safety survey report or amendments
21    thereto authorized by Section 2-3.12 of this Act; or whenever
22    any  such  district  determines  that  it  is  necessary  for
23    disabled accessibility purposes and to comply with the school
24    building code that any school building or equipment should be
25    altered  or  reconstructed  and  that  such  alterations   or
26    reconstruction  will be made with funds not necessary for the
27    completion of approved and recommended projects contained  in
28    any  safety  survey  report  or amendments thereto authorized
29    under Section 2-3.12  of  this  Act;  or  whenever  any  such
30    district  determines that it is necessary for school security
31    purposes and the related protection and safety of pupils  and
32    school  personnel that any school building or property should
33    be altered or reconstructed  or  that  security  systems  and
 
SB22 Engrossed              -21-     LRB093 02187 NHT 02194 b
 1    equipment  (including  but  not  limited  to  intercom, early
 2    detection  and  warning,  access   control   and   television
 3    monitoring  systems)  should  be purchased and installed, and
 4    that  such  alterations,  reconstruction  or   purchase   and
 5    installation  of  equipment  will  be  made  with  funds  not
 6    necessary  for  the  completion  of  approved and recommended
 7    projects contained in any safety survey report  or  amendment
 8    thereto  authorized  by  Section  2-3.12 of this Act and will
 9    deter and  prevent  unauthorized  entry  or  activities  upon
10    school property by unknown or dangerous persons, assure early
11    detection and advance warning of any such actual or attempted
12    unauthorized   entry   or  activities  and  help  assure  the
13    continued safety of pupils  and  school  staff  if  any  such
14    unauthorized  entry or activity is attempted or occurs; or if
15    a  school  district  does  not  need  funds  for  other  fire
16    prevention and safety projects, including the  completion  of
17    approved  and  recommended  projects  contained in any safety
18    survey report or amendments  thereto  authorized  by  Section
19    2-3.12  of  this  Act,  and  it  is determined after a public
20    hearing (which is preceded by at least one  published  notice
21    (i)  occurring  at  least  7  days  prior to the hearing in a
22    newspaper of general circulation within the  school  district
23    and  (ii)  setting  forth  the time, date, place, and general
24    subject matter of the hearing) that there is  a  substantial,
25    immediate,  and  otherwise  unavoidable threat to the health,
26    safety, or welfare of  pupils  due  to  disrepair  of  school
27    sidewalks,   playgrounds,   parking   lots,   or  school  bus
28    turnarounds and repairs must  be  made:   then  in  any  such
29    event,  such  district  may, by proper resolution, levy a tax
30    for  the  purpose  of  making  such  alteration,  repair,  or
31    reconstruction, based on a survey report by an  architect  or
32    engineer  licensed  in  the  State  of Illinois, upon all the
33    taxable property of the district at the value as assessed  by
34    the  Department  of Revenue at a rate not to exceed 0.15% for
 
SB22 Engrossed              -22-     LRB093 02187 NHT 02194 b
 1    elementary and high  school  districts  and  0.30%  for  unit
 2    districts  .05%  per  year for a period sufficient to finance
 3    such  alterations,  repairs,  or  reconstruction,  upon   the
 4    following conditions:
 5             (a)  When  there  are not sufficient funds available
 6        in either the operations  and  maintenance  fund  of  the
 7        district  or  the  fire prevention and safety fund of the
 8        district as determined by the district on  the  basis  of
 9        regulations  adopted  by  the State Board of Education to
10        make such alterations, repairs, or reconstruction, or  to
11        purchase  and  install  such permanent fixed equipment so
12        ordered or determined as  necessary.  Appropriate  school
13        district  records  shall  be  made available to the State
14        Superintendent of Education upon request to confirm  such
15        insufficiency.
16             (b)  When  a  certified  estimate of an architect or
17        engineer licensed in the State of  Illinois  stating  the
18        estimated  amount  necessary  to make the alterations, or
19        repairs, reconstruction or to purchase and  install  such
20        equipment  so  ordered  has been secured by the district,
21        and the  estimate  has  been  approved  by  the  regional
22        superintendent  of  schools,  having  jurisdiction of the
23        district, and  the  State  Superintendent  of  Education.
24        Approval  shall  not  be  granted  for  any work that has
25        already started without the prior  express  authorization
26        of  the  State  Superintendent  of  Education.   If  such
27        estimate  is  not  approved  or  denied  approval  by the
28        regional superintendent of schools within 3 months  after
29        the  date  on  which  it  is submitted to him or her, the
30        school board of the district  may  submit  such  estimate
31        directly  to  the  State  Superintendent of Education for
32        approval or denial.
33             (c)  Whenever  a  school  district  subject  to  the
34        Property Tax Extension Limitation Law  first  levies  the
 
SB22 Engrossed              -23-     LRB093 02187 NHT 02194 b
 1        tax  at  a  rate  permitted by this amendatory Act of the
 2        93rd General  Assembly  but  in  excess  of  its  maximum
 3        permissible  rate  for  that purpose immediately prior to
 4        the effective date of this amendatory  Act  of  the  93rd
 5        General Assembly, the rate increase shall be subject to a
 6        backdoor  referendum  using  the  procedures  provided in
 7        Section 17-2.2 of this Code.
 8        For purposes  of  this  Section  a  school  district  may
 9    replace  a  school  building  or  build  additions to replace
10    portions of  a  building  when  it  is  determined  that  the
11    effectuation of the recommendations for the existing building
12    will   cost   more   than   the   replacement   costs.   Such
13    determination shall be based on  a  comparison  of  estimated
14    costs  made by an architect or engineer licensed in the State
15    of  Illinois.   The  new  building  or  addition   shall   be
16    equivalent  in  area  (square feet) and comparable in purpose
17    and grades served and may be on  the  same  site  or  another
18    site.   Such  replacement  may only be done upon order of the
19    regional superintendent of schools and the  approval  of  the
20    State Superintendent of Education.
21        The  filing of a certified copy of the resolution levying
22    the tax when accompanied by the certificates of the  regional
23    superintendent   of   schools  and  State  Superintendent  of
24    Education shall be the  authority  of  the  county  clerk  to
25    extend such tax.
26        The  county  clerk  of  the  county  in  which any school
27    district levying a tax under the authority of this Section is
28    located, in reducing raised levies, shall  not  consider  any
29    such  tax  as  a part of the general levy for school purposes
30    and shall not include the same in the limitation of any other
31    tax rate which may be extended.
32        Such tax shall be levied and collected in like manner  as
33    all   other   taxes  of  school  districts,  subject  to  the
34    provisions contained in this Section.
 
SB22 Engrossed              -24-     LRB093 02187 NHT 02194 b
 1        The tax rate limit  specified  in  this  Section  may  be
 2    increased  to  .10%  upon  the  approval  of a proposition to
 3    effect such increase by a majority of the electors voting  on
 4    that  proposition  at  a  regular  scheduled  election.  Such
 5    proposition  may  be  initiated  by  resolution of the school
 6    board and shall be certified by the secretary to  the  proper
 7    election  authorities  for  submission in accordance with the
 8    general election law.
 9        When taxes are levied by any school district for the fire
10    prevention, safety, energy conservation, and school  security
11    purposes  as  specified in this Section, and the purposes for
12    which the taxes have been levied are accomplished and paid in
13    full, and there remain funds on hand in the  Fire  Prevention
14    and  Safety  Fund  from  the  proceeds  of  the taxes levied,
15    including interest earnings  thereon,  the  school  board  by
16    resolution  shall  use such excess and other board restricted
17    funds excluding bond proceeds and earnings from such proceeds
18    (1) for other  authorized  fire  prevention,  safety,  energy
19    conservation,   and  school  security  purposes  or  (2)  for
20    transfer to the  Operations  and  Maintenance  Fund  for  the
21    purpose   of  abating  an  equal  amount  of  operations  and
22    maintenance purposes taxes.  If any transfer is made  to  the
23    Operation  and  Maintenance Fund, the secretary of the school
24    board shall within 30 days notify the  county  clerk  of  the
25    amount  of  that  transfer  and direct the clerk to abate the
26    taxes to be extended  for  the  purposes  of  operations  and
27    maintenance  authorized  under Section 17-2 of this Act by an
28    amount equal to such transfer.
29        If the proceeds from the  tax  levy  authorized  by  this
30    Section  are insufficient to complete the work approved under
31    this Section, the school board is authorized  to  sell  bonds
32    without referendum under the provisions of this Section in an
33    amount  that,  when  added  to  the  proceeds of the tax levy
34    authorized by this Section,  will  allow  completion  of  the
 
SB22 Engrossed              -25-     LRB093 02187 NHT 02194 b
 1    approved  work,  provided  that a district that is subject to
 2    the Property Tax Extension Limitation Law  shall  submit  the
 3    authorization  to  a  backdoor referendum as provided in this
 4    Section.  No school district that is subject to the  Property
 5    Tax  Extension  Limitation  Law  may  issue  bonds under this
 6    Section unless it adopts a resolution declaring its intention
 7    to issue bonds and directs that notice of this  intention  be
 8    published at least once in a newspaper of general circulation
 9    in  the  district.   The  notice  shall  set  forth  (i)  the
10    intention  of  the district to issue bonds in accordance with
11    this Section, (ii) the time within which a  petition  may  be
12    filed   requesting  the  submission  to  the  voters  of  the
13    proposition to issue the bonds, (iii) the specific number  of
14    voters  required  to  sign the petition, and (iv) the date of
15    the prospective referendum.  At the time  of  publication  of
16    the  notice  and for 30 days thereafter, the secretary of the
17    district shall provide a  petition  form  to  any  individual
18    requesting  one.   If  within 30 days after the publication a
19    petition is filed with the secretary of the district,  signed
20    by  the  voters  of  the  district equal to 5% or more of the
21    registered  voters  of  the  district  requesting  that   the
22    proposition  to  issue bonds as authorized by this Section be
23    submitted to the voters thereof, then the district shall  not
24    be  authorized  to  issue the bonds until the proposition has
25    been certified to the proper  election  authorities  and  has
26    been  submitted  to  and approved by a majority of the voters
27    voting on the proposition at a regular scheduled election  in
28    accordance  with  the  general  election  law.   If  no  such
29    petition  is  filed,  or  if  any and all petitions filed are
30    invalid, the district may issue the bonds.
31        Such bonds shall bear interest at a rate  not  to  exceed
32    the  maximum rate authorized by law at the time of the making
33    of the contract, shall mature within 20 years from date,  and
34    shall  be signed by the president of the school board and the
 
SB22 Engrossed              -26-     LRB093 02187 NHT 02194 b
 1    treasurer of the school district.
 2        In order to authorize and issue such  bonds,  the  school
 3    board  shall  adopt  a resolution fixing the amount of bonds,
 4    the date thereof, the maturities thereof, rates  of  interest
 5    thereof, place of payment and denomination, which shall be in
 6    denominations of not less than $100 and not more than $5,000,
 7    and  provide  for  the levy and collection of a direct annual
 8    tax upon all the taxable  property  in  the  school  district
 9    sufficient to pay the principal and interest on such bonds to
10    maturity.   Upon the filing in the office of the county clerk
11    of the county in which the school district is  located  of  a
12    certified  copy  of  the  resolution,  it  is the duty of the
13    county clerk to extend the tax therefor in addition to and in
14    excess of all other taxes heretofore or hereafter  authorized
15    to be levied by such school district.
16        After  the  time such bonds are issued as provided for by
17    this  Section,  if  additional   alterations,   repairs,   or
18    reconstructions  are  required  to be made because of surveys
19    conducted by an architect or engineer licensed in  the  State
20    of  Illinois,  the  district  may levy a tax at a rate not to
21    exceed the rate permitted by this Section .05% per year  upon
22    all  the taxable property of the district or issue additional
23    bonds, whichever action shall be the most feasible.
24        This  Section  is  cumulative  and  constitutes  complete
25    authority for the issuance  of  bonds  as  provided  in  this
26    Section  notwithstanding  any  other  statute  or  law to the
27    contrary.
28        With respect to instruments  for  the  payment  of  money
29    issued  under  this  Section  either before, on, or after the
30    effective date of Public Act 86-004 (June 6,  1989),  it  is,
31    and  always  has  been, the intention of the General Assembly
32    (i) that the Omnibus Bond Acts are,  and  always  have  been,
33    supplementary   grants  of  power  to  issue  instruments  in
34    accordance with the Omnibus  Bond  Acts,  regardless  of  any
 
SB22 Engrossed              -27-     LRB093 02187 NHT 02194 b
 1    provision  of  this Act that may appear to be or to have been
 2    more restrictive than those Acts, (ii) that the provisions of
 3    this Section  are  not  a  limitation  on  the  supplementary
 4    authority  granted  by  the Omnibus Bond Acts, and (iii) that
 5    instruments   issued   under   this   Section   within    the
 6    supplementary  authority granted by the Omnibus Bond Acts are
 7    not invalid because of any provision of  this  Act  that  may
 8    appear  to  be  or  to  have been more restrictive than those
 9    Acts.
10        When the purposes for which the  bonds  are  issued  have
11    been accomplished and paid for in full and there remain funds
12    on  hand  from  the  proceeds  of  the bond sale and interest
13    earnings therefrom, the board shall, by resolution, use  such
14    excess  funds  in  accordance  with the provisions of Section
15    10-22.14 of this Act.
16        Whenever any tax is levied or  bonds  issued  under  this
17    Section,    the   for   fire   prevention,   safety,   energy
18    conservation, and school  security  purposes,  such  proceeds
19    shall  be  deposited  and accounted for separately within the
20    Fire Prevention and Safety Fund.
21    (Source: P.A. 88-251; 88-508; 88-628,  eff.  9-9-94;  88-670,
22    eff. 12-2-94; 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)

23        (105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
24        Sec. 19-1.  Debt limitations of school districts.
25        (a)  School   districts  shall  not  be  subject  to  the
26    provisions limiting  their  indebtedness  prescribed  in  the
27    Local  Government  Debt  Limitation  Act "An Act to limit the
28    indebtedness of counties having a  population  of  less  than
29    500,000  and  townships, school districts and other municipal
30    corporations having  a  population  of  less  than  300,000",
31    approved February 15, 1928, as amended.
32        No  school  districts maintaining grades K through 8 or 9
33    through 12 shall become indebted in any  manner  or  for  any
 
SB22 Engrossed              -28-     LRB093 02187 NHT 02194 b
 1    purpose to an amount, including existing indebtedness, in the
 2    aggregate  exceeding  6.9% of on the equalized assessed value
 3    of the taxable property therein to be ascertained by the last
 4    assessment for State and county taxes or,  until  January  1,
 5    1983, if greater, the sum that is produced by multiplying the
 6    school  district's  1978  equalized assessed valuation by the
 7    debt limitation percentage in  effect  on  January  1,  1979,
 8    previous to the incurring of such indebtedness.
 9        No school districts maintaining grades K through 12 shall
10    become  indebted  in  any  manner  or  for  any purpose to an
11    amount, including existing  indebtedness,  in  the  aggregate
12    exceeding  13.8%  of  on  the equalized assessed value of the
13    taxable property  therein  to  be  ascertained  by  the  last
14    assessment  for  State  and county taxes or, until January 1,
15    1983, if greater, the sum that is produced by multiplying the
16    school district's 1978 equalized assessed  valuation  by  the
17    debt  limitation  percentage  in  effect  on January 1, 1979,
18    previous to the incurring of such indebtedness.
19        Notwithstanding the provisions of any other  law  to  the
20    contrary,  in  any  case  in  which  the  voters  of a school
21    district have approved a  proposition  for  the  issuance  of
22    bonds  of  such  school district at an election held prior to
23    January 1, 1979, and  all  of  the  bonds  approved  at  such
24    election have not been issued, the debt limitation applicable
25    to  such  school district during the calendar year 1979 shall
26    be computed by multiplying  the  value  of  taxable  property
27    therein,  including  personal property, as ascertained by the
28    last assessment for State and county taxes, previous  to  the
29    incurring  of such indebtedness, by the percentage limitation
30    applicable to such school district under  the  provisions  of
31    this subsection (a).
32        (b)  Notwithstanding  the  debt  limitation prescribed in
33    subsection (a) of this Section, additional  indebtedness  may
34    be  incurred in an amount not to exceed the estimated cost of
 
SB22 Engrossed              -29-     LRB093 02187 NHT 02194 b
 1    acquiring or  improving  school  sites  or  constructing  and
 2    equipping  additional building facilities under the following
 3    conditions:
 4             (1)  Whenever the enrollment  of  students  for  the
 5        next  school  year is estimated by the board of education
 6        to increase over the actual  present  enrollment  by  not
 7        less  than  35%  or  by not less than 200 students or the
 8        actual present enrollment of students has increased  over
 9        the  previous  school year by not less than 35% or by not
10        less  than  200  students  and  the  board  of  education
11        determines  that  additional  school  sites  or  building
12        facilities are required as a result of such  increase  in
13        enrollment; and
14             (2)  When  the  Regional  Superintendent  of Schools
15        having jurisdiction over  the  school  district  and  the
16        State   Superintendent   of   Education  concur  in  such
17        enrollment projection or increase and  approve  the  need
18        for  such  additional school sites or building facilities
19        and the estimated cost thereof; and
20             (3)  When the voters in the school district  approve
21        a  proposition  for the issuance of bonds for the purpose
22        of acquiring or improving such  needed  school  sites  or
23        constructing   and   equipping   such  needed  additional
24        building facilities at an election called  and  held  for
25        that purpose. Notice of such an election shall state that
26        the  amount of indebtedness proposed to be incurred would
27        exceed the debt limitation otherwise  applicable  to  the
28        school  district.   The ballot for such proposition shall
29        state what percentage of the equalized assessed valuation
30        will be outstanding in bonds if the proposed issuance  of
31        bonds is approved by the voters; or
32             (4)  Notwithstanding  the  provisions  of paragraphs
33        (1) through (3) of this subsection  (b),  if  the  school
34        board determines that additional facilities are needed to
 
SB22 Engrossed              -30-     LRB093 02187 NHT 02194 b
 1        provide  a  quality educational program and not less than
 2        2/3 of those voting in an election called by  the  school
 3        board  on  the question approve the issuance of bonds for
 4        the construction of such facilities, the school  district
 5        may issue bonds for this purpose; or
 6             (5)  Notwithstanding  the  provisions  of paragraphs
 7        (1) through (3) of this subsection (b), if (i) the school
 8        district has previously availed itself of the  provisions
 9        of  paragraph  (4) of this subsection (b) to enable it to
10        issue bonds, (ii) the voters of the school district  have
11        not  defeated  a  proposition  for  the issuance of bonds
12        since the referendum described in paragraph (4)  of  this
13        subsection   (b)   was   held,  (iii)  the  school  board
14        determines  that  additional  facilities  are  needed  to
15        provide  a  quality  educational  program,  and  (iv)   a
16        majority  of  those  voting  in an election called by the
17        school board on the  question  approve  the  issuance  of
18        bonds for the construction of such facilities, the school
19        district may issue bonds for this purpose.
20        In  no  event shall the indebtedness incurred pursuant to
21    this subsection (b) and  the  existing  indebtedness  of  the
22    school district exceed 15% of the equalized assessed value of
23    the  taxable  property  therein to be ascertained by the last
24    assessment for  State  and  county  taxes,  previous  to  the
25    incurring  of such indebtedness or, until January 1, 1983, if
26    greater, the sum that is produced by multiplying  the  school
27    district's  1978  equalized  assessed  valuation  by the debt
28    limitation percentage in effect on January 1, 1979.
29        The indebtedness provided  for  by  this  subsection  (b)
30    shall  be  in  addition  to  and  in excess of any other debt
31    limitation.
32        (c)  Notwithstanding the debt  limitation  prescribed  in
33    subsection (a) of this Section, in any case in which a public
34    question  for  the  issuance  of  bonds  of a proposed school
 
SB22 Engrossed              -31-     LRB093 02187 NHT 02194 b
 1    district maintaining grades kindergarten through 12  received
 2    at  least 60% of the valid ballots cast on the question at an
 3    election held on or prior to November 8, 1994, and  in  which
 4    the bonds approved at such election have not been issued, the
 5    school  district  pursuant  to  the  requirements  of Section
 6    11A-10 may issue the total amount of bonds approved  at  such
 7    election for the purpose stated in the question.
 8        (d)  Notwithstanding  the  debt  limitation prescribed in
 9    subsection (a) of this Section, a school district that  meets
10    all  the criteria set forth in paragraphs (1) and (2) of this
11    subsection (d) may incur an  additional  indebtedness  in  an
12    amount  not  to  exceed $4,500,000, even though the amount of
13    the additional indebtedness  authorized  by  this  subsection
14    (d),  when  incurred  and  added  to  the aggregate amount of
15    indebtedness of the district existing  immediately  prior  to
16    the district incurring the additional indebtedness authorized
17    by  this subsection (d), causes the aggregate indebtedness of
18    the  district  to  exceed  the  debt   limitation   otherwise
19    applicable to that district under subsection (a):
20             (1)  The  additional indebtedness authorized by this
21        subsection (d) is incurred by the school district through
22        the issuance  of  bonds  under  and  in  accordance  with
23        Section  17-2.11a  for  the purpose of replacing a school
24        building which, because of mine  subsidence  damage,  has
25        been   closed  as  provided  in  paragraph  (2)  of  this
26        subsection (d) or through the issuance of bonds under and
27        in accordance  with  Section  19-3  for  the  purpose  of
28        increasing  the  size  of,  or  providing  for additional
29        functions in, such replacement school buildings, or  both
30        such purposes.
31             (2)  The  bonds  issued  by  the  school district as
32        provided in  paragraph  (1)  above  are  issued  for  the
33        purposes  of construction by the school district of a new
34        school building pursuant to Section 17-2.11,  to  replace
 
SB22 Engrossed              -32-     LRB093 02187 NHT 02194 b
 1        an   existing  school  building  that,  because  of  mine
 2        subsidence damage, is closed as of the end of the 1992-93
 3        school  year  pursuant  to   action   of   the   regional
 4        superintendent  of  schools  of  the  educational service
 5        region in which the district  is  located  under  Section
 6        3-14.22  or  are issued for the purpose of increasing the
 7        size of, or providing for additional  functions  in,  the
 8        new school building being constructed to replace a school
 9        building  closed as the result of mine subsidence damage,
10        or both such purposes.
11        (e)  Notwithstanding the debt  limitation  prescribed  in
12    subsection  (a) of this Section, a school district that meets
13    all the criteria set forth in paragraphs (1) through  (5)  of
14    this   subsection  (e)  may,  without  referendum,  incur  an
15    additional indebtedness in an amount not to exceed the lesser
16    of $5,000,000 or 1.5% of the equalized assessed value of  the
17    taxable  property  within the district even though the amount
18    of the additional indebtedness authorized by this  subsection
19    (e),  when  incurred  and  added  to  the aggregate amount of
20    indebtedness of the district existing  immediately  prior  to
21    the  district  incurring that additional indebtedness, causes
22    the aggregate indebtedness  of  the  district  to  exceed  or
23    increases  the  amount by which the aggregate indebtedness of
24    the district already exceeds the  debt  limitation  otherwise
25    applicable to that district under subsection (a):
26             (1)  The  State  Board  of  Education  certifies the
27        school district under Section  19-1.5  as  a  financially
28        distressed district.
29             (2)  The  additional indebtedness authorized by this
30        subsection (e) is incurred by the financially  distressed
31        district  during the school year or school years in which
32        the  certification  of  the  district  as  a  financially
33        distressed  district  continues  in  effect  through  the
34        issuance of bonds for the lawful school purposes  of  the
 
SB22 Engrossed              -33-     LRB093 02187 NHT 02194 b
 1        district,  pursuant to resolution of the school board and
 2        without referendum, as provided in paragraph (5) of  this
 3        subsection.
 4             (3)  The  aggregate  amount  of  bonds issued by the
 5        financially distressed district during a fiscal  year  in
 6        which   it  is  authorized  to  issue  bonds  under  this
 7        subsection does  not  exceed  the  amount  by  which  the
 8        aggregate  expenditures  of  the district for operational
 9        purposes during the  immediately  preceding  fiscal  year
10        exceeds  the  amount  appropriated  for  the  operational
11        purposes  of  the  district  in  the annual school budget
12        adopted by the school  board  of  the  district  for  the
13        fiscal year in which the bonds are issued.
14             (4)  Throughout    each   fiscal   year   in   which
15        certification of the district as a financially distressed
16        district continues in effect, the district  maintains  in
17        effect  a  gross  salary  expense  and gross wage expense
18        freeze policy under which the district  expenditures  for
19        total  employee  salaries  and  wages  do not exceed such
20        expenditures for the immediately preceding  fiscal  year.
21        Nothing  in  this  paragraph, however, shall be deemed to
22        impair  or  to  require  impairment  of  the  contractual
23        obligations, including collective bargaining  agreements,
24        of the district or to impair or require the impairment of
25        the  vested  rights of any employee of the district under
26        the terms of any contract or agreement in effect  on  the
27        effective date of this amendatory Act of 1994.
28             (5)  Bonds  issued  by  the  financially  distressed
29        district  under  this subsection shall bear interest at a
30        rate not to exceed the maximum rate authorized by law  at
31        the  time  of  the  making  of the contract, shall mature
32        within 40 years from their date of issue,  and  shall  be
33        signed by the president of the school board and treasurer
34        of  the  school  district.  In order to issue bonds under
 
SB22 Engrossed              -34-     LRB093 02187 NHT 02194 b
 1        this  subsection,  the  school  board   shall   adopt   a
 2        resolution  fixing  the  amount of the bonds, the date of
 3        the bonds, the maturities of  the  bonds,  the  rates  of
 4        interest  of  the  bonds,  and their place of payment and
 5        denomination,  and  shall  provide  for  the   levy   and
 6        collection  of  a  direct annual tax upon all the taxable
 7        property in the district sufficient to pay the  principal
 8        and  interest  on the bonds to maturity.  Upon the filing
 9        in the office of the county clerk of the county in  which
10        the  financially  distressed  district  is  located  of a
11        certified copy of the resolution, it is the duty  of  the
12        county  clerk  to  extend the tax therefor in addition to
13        and in excess of all other taxes at any  time  authorized
14        to  be levied by the district.  If bond proceeds from the
15        sale of bonds include a premium or if the proceeds of the
16        bonds are invested as authorized by law, the school board
17        shall determine by resolution whether the interest earned
18        on  the  investment  of  bond  proceeds  or  the  premium
19        realized on the sale of the bonds is to be used  for  any
20        of  the  lawful  school purposes for which the bonds were
21        issued or for the payment of the  principal  indebtedness
22        and interest on the bonds.  The proceeds of the bond sale
23        shall  be  deposited  in the educational purposes fund of
24        the  district  and  shall  be  used  to  pay  operational
25        expenses of the district.  This subsection is  cumulative
26        and  constitutes  complete  authority for the issuance of
27        bonds as provided in this subsection, notwithstanding any
28        other law to the contrary.
29        (f)  Notwithstanding the provisions of subsection (a)  of
30    this  Section or of any other law, bonds in not to exceed the
31    aggregate  amount  of  $5,500,000  and  issued  by  a  school
32    district  meeting  the  following  criteria  shall   not   be
33    considered   indebtedness   for  purposes  of  any  statutory
34    limitation and  may  be  issued  in  an  amount  or  amounts,
 
SB22 Engrossed              -35-     LRB093 02187 NHT 02194 b
 1    including  existing indebtedness, in excess of any heretofore
 2    or hereafter imposed statutory limitation as to indebtedness:
 3             (1)  At the time of the  sale  of  such  bonds,  the
 4        board  of education of the district shall have determined
 5        by resolution that the  enrollment  of  students  in  the
 6        district  is  projected  to  increase by not less than 7%
 7        during each of the next succeeding 2 school years.
 8             (2)  The board of education shall also determine  by
 9        resolution  that the improvements to be financed with the
10        proceeds of the bonds are needed because of the projected
11        enrollment increases.
12             (3)  The board of education shall also determine  by
13        resolution that the projected increases in enrollment are
14        the result of improvements made or expected to be made to
15        passenger rail facilities located in the school district.
16        (g)  Notwithstanding  the provisions of subsection (a) of
17    this Section or any other law, bonds  in  not  to  exceed  an
18    aggregate  amount  of  25% of the equalized assessed value of
19    the taxable property of a school district  and  issued  by  a
20    school  district  meeting  the  criteria  in  paragraphs  (i)
21    through  (iv)  of  this  subsection  shall  not be considered
22    indebtedness for purposes of any statutory limitation and may
23    be issued pursuant to resolution of the school  board  in  an
24    amount or amounts, including existing indebtedness, in excess
25    of  any  statutory  limitation  of indebtedness heretofore or
26    hereafter imposed:
27             (i)  The  bonds  are  issued  for  the  purpose   of
28        constructing  a  new  high school building to replace two
29        adjacent existing buildings which together house a single
30        high school, each of which is more than 65 years old, and
31        which together are located on more than 10 acres and less
32        than 11 acres of property.
33             (ii)  At the time  the  resolution  authorizing  the
34        issuance   of   the   bonds   is  adopted,  the  cost  of
 
SB22 Engrossed              -36-     LRB093 02187 NHT 02194 b
 1        constructing  a  new  school  building  to  replace   the
 2        existing  school building is less than 60% of the cost of
 3        repairing the existing school building.
 4             (iii)  The sale of the bonds occurs before  July  1,
 5        1997.
 6             (iv)  The  school  district  issuing  the bonds is a
 7        unit school district located in a  county  of  less  than
 8        70,000  and  more  than  50,000 inhabitants, which has an
 9        average daily  attendance  of  less  than  1,500  and  an
10        equalized assessed valuation of less than $29,000,000.
11        (h)  Notwithstanding any other provisions of this Section
12    or  the provisions of any other law, until January 1, 1998, a
13    community unit school district maintaining grades  K  through
14    12  may  issue  bonds  up  to  an  amount, including existing
15    indebtedness, not exceeding 27.6% 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
20        $24,000,000;
21             (ii)  The  bonds  are   issued   for   the   capital
22        improvement,  renovation,  rehabilitation, or replacement
23        of existing school buildings  of  the  district,  all  of
24        which buildings were originally constructed not less than
25        40 years ago;
26             (iii)  The   voters   of   the  district  approve  a
27        proposition for the issuance of the bonds at a referendum
28        held after March 19, 1996; and
29             (iv)  The bonds are issued pursuant to Sections 19-2
30        through 19-7 of this Code.
31        (i)  Notwithstanding any other provisions of this Section
32    or the provisions of any other law, until January 1, 1998,  a
33    community  unit  school district maintaining grades K through
34    12 may issue  bonds  up  to  an  amount,  including  existing
 
SB22 Engrossed              -37-     LRB093 02187 NHT 02194 b
 1    indebtedness,  not  exceeding  27%  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   1995   of   less   than
 6        $44,600,000;
 7             (ii)  The   bonds   are   issued   for  the  capital
 8        improvement, renovation, rehabilitation,  or  replacement
 9        of  existing  school  buildings  of  the district, all of
10        which existing buildings were originally constructed  not
11        less than 80 years ago;
12             (iii)  The   voters   of   the  district  approve  a
13        proposition for the issuance of the bonds at a referendum
14        held after December 31, 1996; and
15             (iv)  The bonds are issued pursuant to Sections 19-2
16        through 19-7 of this Code.
17        (j)  Notwithstanding any other provisions of this Section
18    or the provisions of any other law, until January 1, 1999,  a
19    community  unit  school district maintaining grades K through
20    12 may issue  bonds  up  to  an  amount,  including  existing
21    indebtedness,  not  exceeding  27%  of the equalized assessed
22    value of the taxable property in the district if all  of  the
23    following conditions are met:
24             (i)  The  school  district has an equalized assessed
25        valuation  for  calendar   year   1995   of   less   than
26        $140,000,000 and a best 3 months average daily attendance
27        for the 1995-96 school year of at least 2,800;
28             (ii)  The  bonds  are  issued to purchase a site and
29        build and  equip  a  new  high  school,  and  the  school
30        district's    existing   high   school   was   originally
31        constructed not less than 35 years prior to the  sale  of
32        the bonds;
33             (iii)  At  the  time  of  the sale of the bonds, the
34        board of education determines by resolution  that  a  new
 
SB22 Engrossed              -38-     LRB093 02187 NHT 02194 b
 1        high  school  is  needed  because of projected enrollment
 2        increases;
 3             (iv)  At least 60% of those voting  in  an  election
 4        held  after  December  31, 1996 approve a proposition for
 5        the issuance of the bonds; and
 6             (v)  The bonds are issued pursuant to Sections  19-2
 7        through 19-7 of this Code.
 8        (k)  Notwithstanding  the  debt  limitation prescribed in
 9    subsection (a) of this Section, a school district that  meets
10    all  the  criteria set forth in paragraphs (1) through (4) of
11    this subsection (k) may issue bonds to  incur  an  additional
12    indebtedness  in  an  amount  not  to  exceed $4,000,000 even
13    though the amount of the additional  indebtedness  authorized
14    by  this  subsection  (k),  when  incurred  and  added to the
15    aggregate amount  of  indebtedness  of  the  school  district
16    existing  immediately  prior to the school district incurring
17    such   additional   indebtedness,   causes   the    aggregate
18    indebtedness  of  the  school district to exceed or increases
19    the  amount  by  which  the  aggregate  indebtedness  of  the
20    district  already  exceeds  the  debt  limitation   otherwise
21    applicable to that school district under subsection (a):
22             (1)  the  school  district is located in 2 counties,
23        and a referendum to authorize the additional indebtedness
24        was approved by a majority of the voters  of  the  school
25        district  voting  on  the  proposition  to authorize that
26        indebtedness;
27             (2)  the additional indebtedness is for the  purpose
28        of   financing  a  multi-purpose  room  addition  to  the
29        existing high school;
30             (3)  the additional indebtedness, together with  the
31        existing  indebtedness  of the school district, shall not
32        exceed 17.4% of the value of the taxable property in  the
33        school district, to be ascertained by the last assessment
34        for State and county taxes; and
 
SB22 Engrossed              -39-     LRB093 02187 NHT 02194 b
 1             (4)  the    bonds    evidencing    the    additional
 2        indebtedness  are  issued,  if at all, within 120 days of
 3        the effective date of this amendatory Act of 1998.
 4        (l)  Notwithstanding any other provisions of this Section
 5    or the provisions of any other law, until January 1, 2000,  a
 6    school district maintaining grades kindergarten through 8 may
 7    issue bonds up to an amount, including existing indebtedness,
 8    not  exceeding  15%  of  the  equalized assessed value of the
 9    taxable property in the district  if  all  of  the  following
10    conditions are met:
11             (i)  the   district   has   an   equalized  assessed
12        valuation  for  calendar   year   1996   of   less   than
13        $10,000,000;
14             (ii)  the  bonds are issued for capital improvement,
15        renovation, rehabilitation, or replacement of one or more
16        school buildings of the district,  which  buildings  were
17        originally constructed not less than 70 years ago;
18             (iii)  the   voters   of   the  district  approve  a
19        proposition for the issuance of the bonds at a referendum
20        held on or after March 17, 1998; and
21             (iv)  the bonds are issued pursuant to Sections 19-2
22        through 19-7 of this Code.
23        (m)  Notwithstanding any other provisions of this Section
24    or the provisions of any other law, until January 1, 1999, an
25    elementary school district maintaining grades K through 8 may
26    issue bonds up to an amount, excluding existing indebtedness,
27    not exceeding 18% of the  equalized  assessed  value  of  the
28    taxable  property  in  the  district, if all of the following
29    conditions are met:
30             (i)  The school district has an  equalized  assessed
31        valuation for calendar year 1995 or less than $7,700,000;
32             (ii)  The  school  district  operates  2  elementary
33        attendance  centers  that until 1976 were operated as the
34        attendance centers of  2  separate  and  distinct  school
 
SB22 Engrossed              -40-     LRB093 02187 NHT 02194 b
 1        districts;
 2             (iii)  The  bonds are issued for the construction of
 3        a new elementary school building to replace  an  existing
 4        multi-level  elementary  school  building  of  the school
 5        district that is not handicapped accessible at all levels
 6        and parts of which were constructed more  than  75  years
 7        ago;
 8             (iv)  The  voters  of  the school district approve a
 9        proposition for the issuance of the bonds at a referendum
10        held after July 1, 1998; and
11             (v)  The bonds are issued pursuant to Sections  19-2
12        through 19-7 of this Code.
13        (n)  Notwithstanding  the  debt  limitation prescribed in
14    subsection (a) of this Section or  any  other  provisions  of
15    this  Section  or  of  any  other law, a school district that
16    meets all of the criteria set forth in paragraphs (i) through
17    (vi) of this subsection (n) may incur additional indebtedness
18    by the issuance of bonds  in  an  amount  not  exceeding  the
19    amount  certified  by  the  Capital  Development Board to the
20    school district  as  provided  in  paragraph  (iii)  of  this
21    subsection  (n),  even  though  the  amount of the additional
22    indebtedness so authorized, when incurred and  added  to  the
23    aggregate  amount  of  indebtedness  of the district existing
24    immediately prior to the district  incurring  the  additional
25    indebtedness  authorized  by  this subsection (n), causes the
26    aggregate indebtedness of the district  to  exceed  the  debt
27    limitation otherwise applicable by law to that district:
28             (i)  The  school district applies to the State Board
29        of Education for a school construction project grant  and
30        submits  a  district  facilities  plan  in support of its
31        application  pursuant  to  Section  5-20  of  the  School
32        Construction Law.
33             (ii)  The   school   district's   application    and
34        facilities   plan  are  approved  by,  and  the  district
 
SB22 Engrossed              -41-     LRB093 02187 NHT 02194 b
 1        receives a grant entitlement for  a  school  construction
 2        project issued by, the State Board of Education under the
 3        School Construction Law.
 4             (iii)  The school district has exhausted its bonding
 5        capacity  or  the unused bonding capacity of the district
 6        is  less  than  the  amount  certified  by  the   Capital
 7        Development  Board  to the district under Section 5-15 of
 8        the School Construction Law as the dollar amount  of  the
 9        school construction project's cost that the district will
10        be  required  to finance with non-grant funds in order to
11        receive a school construction  project  grant  under  the
12        School Construction Law.
13             (iv)  The   bonds   are   issued   for   a   "school
14        construction project", as that term is defined in Section
15        5-5  of  the  School  Construction Law, in an amount that
16        does not exceed the dollar amount certified, as  provided
17        in paragraph (iii) of this subsection (n), by the Capital
18        Development  Board  to  the school district under Section
19        5-15 of the School Construction Law.
20             (v)  The  voters   of   the   district   approve   a
21        proposition for the issuance of the bonds at a referendum
22        held  after  the criteria specified in paragraphs (i) and
23        (iii) of this subsection (n) are met.
24             (vi)  The bonds are issued pursuant to Sections 19-2
25        through 19-7 of the School Code.
26    (Source: P.A. 90-570, eff.  1-28-98;  90-757,  eff.  8-14-98;
27    91-55, eff. 6-30-99.)

28        Section  99.  Effective date.  This Act takes effect upon
29    becoming law.