Illinois General Assembly - Full Text of SB1097
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Full Text of SB1097  93rd General Assembly

SB1097 93rd General Assembly


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 1        AN ACT regarding schools.

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

 4        Section 5.   The  School  Code  is  amended  by  changing
 5    Section 17-2.11 as follows:

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