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093_SB0022eng
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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
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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,
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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
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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
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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
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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
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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
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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
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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
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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
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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.)
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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
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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.
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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.
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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 35 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
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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
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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 thefire
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 thefire
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 thefire
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. BackdoorBack 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 circulationor 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 votertaxpayer 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.
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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
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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 thefire
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, thefor 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% ofon 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% ofon 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.
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