Illinois General Assembly - Full Text of SB0022
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Full Text of SB0022  93rd General Assembly

SB0022sam001 93rd General Assembly


093_SB0022sam001

 










                                     LRB093 02187 NHT 11846 a

 1                     AMENDMENT TO SENATE BILL 22

 2        AMENDMENT NO.     .  Amend Senate Bill  22  by  replacing
 3    everything after the enacting clause with the following:

 4        "Section 5.  The Property Tax Code is amended by changing
 5    Section 18-185 and by adding 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"
 
                            -2-      LRB093 02187 NHT 11846 a
 1    includes  only  each non-home rule taxing district having the
 2    majority of its 1990  equalized  assessed  value  within  any
 3    county  or  counties contiguous to a county with 3,000,000 or
 4    more inhabitants.  Beginning with the 1995 levy year, "taxing
 5    district" includes only each non-home  rule  taxing  district
 6    subject  to  this  Law  before  the  1995  levy year and each
 7    non-home rule taxing district not subject to this Law  before
 8    the  1995 levy year having the majority of its 1994 equalized
 9    assessed value in an affected county or counties.   Beginning
10    with  the levy year in which this Law becomes applicable to a
11    taxing  district  as  provided  in  Section  18-213,  "taxing
12    district" also includes those taxing districts  made  subject
13    to this Law as provided in Section 18-213.
14        "Aggregate  extension" for taxing districts to which this
15    Law applied before  the  1995  levy  year  means  the  annual
16    corporate extension for the taxing district and those special
17    purpose  extensions  that  are  made  annually for the taxing
18    district, excluding special purpose extensions: (a) made  for
19    the  taxing  district to pay interest or principal on general
20    obligation bonds that were approved by referendum;  (b)  made
21    for  any  taxing  district  to  pay  interest or principal on
22    general obligation bonds issued before October 1,  1991;  (c)
23    made  for any taxing district to pay interest or principal on
24    bonds issued to refund or  continue  to  refund  those  bonds
25    issued  before  October  1,  1991;  (d)  made  for any taxing
26    district to pay interest or  principal  on  bonds  issued  to
27    refund  or  continue  to refund bonds issued after October 1,
28    1991 that were approved  by  referendum;  (e)  made  for  any
29    taxing district to pay interest or principal on revenue bonds
30    issued before October 1, 1991 for payment of which a property
31    tax  levy  or  the full faith and credit of the unit of local
32    government is pledged; however, a  tax  for  the  payment  of
33    interest or principal on those bonds shall be made only after
34    the governing body of the unit of local government finds that
 
                            -3-      LRB093 02187 NHT 11846 a
 1    all  other sources for payment are insufficient to make those
 2    payments; (f) made for payments under a  building  commission
 3    lease when the lease payments are for the retirement of bonds
 4    issued  by  the commission before October 1, 1991, to pay for
 5    the  building  project;  (g)  made  for  payments  due  under
 6    installment contracts entered into before  October  1,  1991;
 7    (h)  made  for  payments  of  principal and interest on bonds
 8    issued under the Metropolitan Water Reclamation District  Act
 9    to  finance construction projects initiated before October 1,
10    1991; (i) made for payments  of  principal  and  interest  on
11    limited   bonds,  as  defined  in  Section  3  of  the  Local
12    Government Debt Reform Act, in an amount not  to  exceed  the
13    debt  service  extension  base  less the amount in items (b),
14    (c), (e), and  (h)  of  this  definition  for  non-referendum
15    obligations,  except obligations initially issued pursuant to
16    referendum; (j) made for payments of principal  and  interest
17    on bonds issued under Section 15 of the Local Government Debt
18    Reform   Act;   and  (k)  made  by  a  school  district  that
19    participates  in  the  Special  Education  District  of  Lake
20    County, created by special education  joint  agreement  under
21    Section  10-22.31  of  the  School  Code,  for payment of the
22    school  district's  share  of  the  amounts  required  to  be
23    contributed by the Special Education District of Lake  County
24    to  the Illinois Municipal Retirement Fund under Article 7 of
25    the Illinois Pension Code; the amount of any extension  under
26    this  item  (k)  shall be certified by the school district to
27    the county clerk.
28        "Aggregate extension" for the taxing districts  to  which
29    this  Law  did  not  apply  before the 1995 levy year (except
30    taxing districts subject  to  this  Law  in  accordance  with
31    Section  18-213) means the annual corporate extension for the
32    taxing district and those special purpose extensions that are
33    made annually for  the  taxing  district,  excluding  special
34    purpose  extensions:  (a) made for the taxing district to pay
 
                            -4-      LRB093 02187 NHT 11846 a
 1    interest or principal on general obligation bonds  that  were
 2    approved  by  referendum; (b) made for any taxing district to
 3    pay interest or principal on general obligation bonds  issued
 4    before March 1, 1995; (c) made for any taxing district to pay
 5    interest  or  principal on bonds issued to refund or continue
 6    to refund those bonds issued before March 1, 1995;  (d)  made
 7    for any taxing district to pay interest or principal on bonds
 8    issued  to  refund  or  continue to refund bonds issued after
 9    March 1, 1995 that were approved by referendum; (e) made  for
10    any  taxing  district to pay interest or principal on revenue
11    bonds issued before March 1, 1995  for  payment  of  which  a
12    property tax levy or the full faith and credit of the unit of
13    local  government  is pledged; however, a tax for the payment
14    of interest or principal on those bonds shall  be  made  only
15    after  the  governing  body  of  the unit of local government
16    finds that all other sources for payment are insufficient  to
17    make  those  payments; (f) made for payments under a building
18    commission  lease  when  the  lease  payments  are  for   the
19    retirement  of bonds issued by the commission before March 1,
20    1995 to pay for the building project; (g) made  for  payments
21    due  under installment contracts entered into before March 1,
22    1995; (h) made for payments  of  principal  and  interest  on
23    bonds   issued   under  the  Metropolitan  Water  Reclamation
24    District  Act  to  finance  construction  projects  initiated
25    before October 1, 1991; (i) made for  payments  of  principal
26    and interest on limited bonds, as defined in Section 3 of the
27    Local  Government Debt Reform Act, in an amount not to exceed
28    the debt service extension base less the amount in items (b),
29    (c),  and  (e)  of   this   definition   for   non-referendum
30    obligations,  except obligations initially issued pursuant to
31    referendum and bonds described  in  subsection  (h)  of  this
32    definition;  (j)  made for payments of principal and interest
33    on bonds issued under Section 15 of the Local Government Debt
34    Reform Act; (k) made for payments of principal  and  interest
 
                            -5-      LRB093 02187 NHT 11846 a
 1    on  bonds  authorized  by  Public Act 88-503 and issued under
 2    Section 20a of the Chicago Park District Act for aquarium  or
 3    museum  projects;  (l)  made  for  payments  of principal and
 4    interest on bonds authorized by Public Act 87-1191 and issued
 5    under Section 42 of the Cook County Forest Preserve  District
 6    Act  for  zoological  park projects; and (m) made pursuant to
 7    Section 34-53.5 of the School Code, whether  levied  annually
 8    or not.
 9        "Aggregate  extension"  for all taxing districts to which
10    this Law applies in accordance with  Section  18-213,  except
11    for  those  taxing  districts  subject  to  paragraph  (2) of
12    subsection (e) of Section 18-213, means the annual  corporate
13    extension  for  the taxing district and those special purpose
14    extensions that are made annually for  the  taxing  district,
15    excluding special purpose extensions: (a) made for the taxing
16    district  to  pay interest or principal on general obligation
17    bonds that were approved by  referendum;  (b)  made  for  any
18    taxing  district  to  pay  interest  or  principal on general
19    obligation  bonds  issued  before  the  date  on  which   the
20    referendum  making this Law applicable to the taxing district
21    is held; (c) made for any taxing district to pay interest  or
22    principal  on  bonds  issued  to refund or continue to refund
23    those bonds issued before the date on  which  the  referendum
24    making  this  Law  applicable to the taxing district is held;
25    (d) made for any taxing district to pay interest or principal
26    on bonds issued to refund or continue to refund bonds  issued
27    after  the  date  on  which  the  referendum  making this Law
28    applicable to the taxing district is held if the  bonds  were
29    approved by referendum after the date on which the referendum
30    making  this  Law  applicable to the taxing district is held;
31    (e) made for any taxing district to pay interest or principal
32    on  revenue  bonds  issued  before  the  date  on  which  the
33    referendum making this Law applicable to the taxing  district
34    is  held for payment of which a property tax levy or the full
 
                            -6-      LRB093 02187 NHT 11846 a
 1    faith and credit of the unit of local government is  pledged;
 2    however,  a  tax  for the payment of interest or principal on
 3    those bonds shall be made only after the  governing  body  of
 4    the unit of local government finds that all other sources for
 5    payment are insufficient to make those payments; (f) made for
 6    payments  under  a  building  commission lease when the lease
 7    payments are for  the  retirement  of  bonds  issued  by  the
 8    commission  before  the  date  on which the referendum making
 9    this Law applicable to the taxing district is held to pay for
10    the  building  project;  (g)  made  for  payments  due  under
11    installment contracts entered into before the date  on  which
12    the  referendum  making  this  Law  applicable  to the taxing
13    district is held; (h) made  for  payments  of  principal  and
14    interest  on  limited  bonds,  as defined in Section 3 of the
15    Local Government Debt Reform Act, in an amount not to  exceed
16    the debt service extension base less the amount in items (b),
17    (c),   and   (e)   of   this  definition  for  non-referendum
18    obligations, except obligations initially issued pursuant  to
19    referendum;  (i)  made for payments of principal and interest
20    on bonds issued under Section 15 of the Local Government Debt
21    Reform Act; and (j) made for a qualified airport authority to
22    pay interest or principal on general obligation bonds  issued
23    for the purpose of paying obligations due under, or financing
24    airport  facilities  required  to  be  acquired, constructed,
25    installed or equipped pursuant  to,  contracts  entered  into
26    before  March  1,  1996  (but not including any amendments to
27    such a contract taking effect on or after that date).
28        "Aggregate extension" for all taxing districts  to  which
29    this   Law  applies  in  accordance  with  paragraph  (2)  of
30    subsection (e) of Section 18-213 means the  annual  corporate
31    extension  for  the taxing district and those special purpose
32    extensions that are made annually for  the  taxing  district,
33    excluding special purpose extensions: (a) made for the taxing
34    district  to  pay interest or principal on general obligation
 
                            -7-      LRB093 02187 NHT 11846 a
 1    bonds that were approved by  referendum;  (b)  made  for  any
 2    taxing  district  to  pay  interest  or  principal on general
 3    obligation bonds issued before the  effective  date  of  this
 4    amendatory  Act  of 1997; (c) made for any taxing district to
 5    pay interest or  principal  on  bonds  issued  to  refund  or
 6    continue  to  refund  those bonds issued before the effective
 7    date of this amendatory Act of 1997; (d) made for any  taxing
 8    district  to  pay  interest  or  principal on bonds issued to
 9    refund or continue to refund bonds issued after the effective
10    date of this  amendatory  Act  of  1997  if  the  bonds  were
11    approved  by  referendum  after  the  effective  date of this
12    amendatory Act of 1997; (e) made for any taxing  district  to
13    pay  interest or principal on revenue bonds issued before the
14    effective date of this amendatory Act of 1997 for payment  of
15    which a property tax levy or the full faith and credit of the
16    unit  of  local government is pledged; however, a tax for the
17    payment of interest or principal on those bonds shall be made
18    only after the governing body of the unit of local government
19    finds that all other sources for payment are insufficient  to
20    make  those  payments; (f) made for payments under a building
21    commission  lease  when  the  lease  payments  are  for   the
22    retirement  of  bonds  issued  by  the  commission before the
23    effective date of this amendatory Act of 1997 to pay for  the
24    building project; (g) made for payments due under installment
25    contracts  entered  into  before  the  effective date of this
26    amendatory Act of 1997; (h) made for  payments  of  principal
27    and interest on limited bonds, as defined in Section 3 of the
28    Local  Government Debt Reform Act, in an amount not to exceed
29    the debt service extension base less the amount in items (b),
30    (c),  and  (e)  of   this   definition   for   non-referendum
31    obligations,  except obligations initially issued pursuant to
32    referendum; (i) made for payments of principal  and  interest
33    on bonds issued under Section 15 of the Local Government Debt
34    Reform Act; and (j) made for a qualified airport authority to
 
                            -8-      LRB093 02187 NHT 11846 a
 1    pay  interest or principal on general obligation bonds issued
 2    for the purpose of paying obligations due under, or financing
 3    airport facilities  required  to  be  acquired,  constructed,
 4    installed  or  equipped  pursuant  to, contracts entered into
 5    before March 1, 1996 (but not  including  any  amendments  to
 6    such a contract taking effect on or after that date).
 7        "Debt  service  extension  base" means an amount equal to
 8    that portion of the extension for a taxing district  for  the
 9    1994 levy year, or for those taxing districts subject to this
10    Law  in  accordance  with  Section  18-213,  except for those
11    subject to paragraph (2) of subsection (e) of Section 18-213,
12    for the levy year in which the  referendum  making  this  Law
13    applicable  to  the  taxing  district  is  held, or for those
14    taxing districts subject  to  this  Law  in  accordance  with
15    paragraph  (2)  of  subsection  (e) of Section 18-213 for the
16    1996 levy year, constituting  an  extension  for  payment  of
17    principal and interest on bonds issued by the taxing district
18    without referendum, but not including (i) bonds authorized by
19    Public Act 88-503 and issued under Section 20a of the Chicago
20    Park  District  Act  for  aquarium  and museum projects; (ii)
21    bonds issued under Section 15 of the  Local  Government  Debt
22    Reform  Act;  or (iii) refunding obligations issued to refund
23    or  to  continue  to  refund  obligations  initially   issued
24    pursuant  to  referendum;  or  (iv)  bonds  issued  for  fire
25    prevention  and  safety purposes under Section 17-2.11 of the
26    School Code after the effective date of this  amendatory  Act
27    of  the  93rd General Assembly and bonds issued to refund the
28    fire prevention and safety bonds issued after  the  effective
29    date of this amendatory Act of the 93rd General Assembly. The
30    debt  service  extension base may be established or increased
31    as provided under Section 18-212.
32        "Special purpose extensions" include, but are not limited
33    to, extensions  for  levies  made  on  an  annual  basis  for
34    unemployment   and   workers'  compensation,  self-insurance,
 
                            -9-      LRB093 02187 NHT 11846 a
 1    contributions to pension plans, and extensions made  pursuant
 2    to  Section  6-601  of  the  Illinois Highway Code for a road
 3    district's permanent road fund  whether  levied  annually  or
 4    not.   The  extension  for  a  special  service  area  is not
 5    included in the aggregate extension.
 6        "Aggregate extension base" means  the  taxing  district's
 7    last preceding aggregate extension as adjusted under Sections
 8    18-215 through 18-230.
 9        "Levy  year" has the same meaning as "year" under Section
10    1-155.
11        "New property" means (i) the assessed value, after  final
12    board   of   review  or  board  of  appeals  action,  of  new
13    improvements or additions to  existing  improvements  on  any
14    parcel  of  real property that increase the assessed value of
15    that real property during the levy  year  multiplied  by  the
16    equalization  factor  issued  by the Department under Section
17    17-30 and (ii) the  assessed  value,  after  final  board  of
18    review  or  board  of  appeals  action,  of real property not
19    exempt from real estate taxation,  which  real  property  was
20    exempt  from  real  estate  taxation  for  any portion of the
21    immediately  preceding   levy   year,   multiplied   by   the
22    equalization  factor  issued  by the Department under Section
23    17-30. In addition, the county clerk in a county containing a
24    population of 3,000,000 or more shall  include  in  the  1997
25    recovered  tax  increment  value for any school district, any
26    recovered tax increment value that was applicable to the 1995
27    tax year calculations.
28        "Qualified airport authority" means an airport  authority
29    organized  under the Airport Authorities Act and located in a
30    county bordering on the  State  of  Wisconsin  and  having  a
31    population in excess of 200,000 and not greater than 500,000.
32        "Recovered   tax   increment   value"  means,  except  as
33    otherwise provided in  this  paragraph,  the  amount  of  the
34    current  year's  equalized  assessed value, in the first year
 
                            -10-     LRB093 02187 NHT 11846 a
 1    after a municipality terminates the designation of an area as
 2    a redevelopment project area previously established under the
 3    Tax Increment Allocation  Development  Act  in  the  Illinois
 4    Municipal  Code,  previously established under the Industrial
 5    Jobs  Recovery  Law  in  the  Illinois  Municipal  Code,   or
 6    previously  established  under  the Economic Development Area
 7    Tax Increment Allocation Act, of  each  taxable  lot,  block,
 8    tract,  or  parcel  of  real  property  in  the redevelopment
 9    project area over and above the  initial  equalized  assessed
10    value of each property in the redevelopment project area. For
11    the  taxes  which  are  extended  for the 1997 levy year, the
12    recovered tax increment value  for  a  non-home  rule  taxing
13    district  that  first became subject to this Law for the 1995
14    levy year because a majority of its 1994  equalized  assessed
15    value  was  in  an  affected  county  or  counties  shall  be
16    increased  if a municipality terminated the designation of an
17    area in 1993  as  a  redevelopment  project  area  previously
18    established  under  the  Tax Increment Allocation Development
19    Act in the Illinois Municipal  Code,  previously  established
20    under  the  Industrial  Jobs  Recovery  Law  in  the Illinois
21    Municipal Code, or previously established under the  Economic
22    Development  Area  Tax Increment Allocation Act, by an amount
23    equal to the 1994 equalized assessed value  of  each  taxable
24    lot,  block,  tract,  or  parcel  of  real  property  in  the
25    redevelopment   project  area  over  and  above  the  initial
26    equalized  assessed   value   of   each   property   in   the
27    redevelopment  project  area.  In  the  first  year  after  a
28    municipality  removes  a taxable lot, block, tract, or parcel
29    of  real  property  from   a   redevelopment   project   area
30    established  under  the  Tax Increment Allocation Development
31    Act in the  Illinois  Municipal  Code,  the  Industrial  Jobs
32    Recovery  Law in the Illinois Municipal Code, or the Economic
33    Development Area Tax Increment Allocation Act, "recovered tax
34    increment value" means  the  amount  of  the  current  year's
 
                            -11-     LRB093 02187 NHT 11846 a
 1    equalized  assessed  value of each taxable lot, block, tract,
 2    or parcel of real property  removed  from  the  redevelopment
 3    project  area  over  and above the initial equalized assessed
 4    value  of  that  real  property  before  removal   from   the
 5    redevelopment project area.
 6        Except  as  otherwise provided in this Section, "limiting
 7    rate" means a fraction the numerator of  which  is  the  last
 8    preceding  aggregate  extension base times an amount equal to
 9    one plus the extension limitation defined in this Section and
10    the denominator of which  is  the  current  year's  equalized
11    assessed  value  of  all real property in the territory under
12    the jurisdiction of the taxing district during the prior levy
13    year.   For  those  taxing  districts  that   reduced   their
14    aggregate  extension  for  the  last preceding levy year, the
15    highest aggregate extension in any of the  last  3  preceding
16    levy  years  shall  be  used for the purpose of computing the
17    limiting  rate.   The  denominator  shall  not  include   new
18    property.   The  denominator  shall not include the recovered
19    tax increment value.
20    (Source: P.A. 91-357, eff.  7-29-99;  91-478,  eff.  11-1-99;
21    92-547, eff. 6-13-02.)

22        (35 ILCS 200/18-201 new)
23        Sec. 18-201.  School districts.
24        (a)  The  aggregate extension for a school district shall
25    not include any extension (i) made for  fire  prevention  and
26    safety  purposes  under  Section  17-2.11  of the School Code
27    produced by that portion of the  rate  for  that  purpose  in
28    excess  of  the  district's maximum permissible rate for that
29    purpose immediately prior  to  the  effective  date  of  this
30    amendatory  Act of the 93rd General Assembly or (ii) made for
31    payments of principal and interest  on  fire  prevention  and
32    safety  bonds issued under Section 17-2.11 of the School Code
33    after the effective date of this amendatory Act of  the  93rd
 
                            -12-     LRB093 02187 NHT 11846 a
 1    General  Assembly  or  on  bonds  issued  to  refund the fire
 2    prevention and safety bonds issued after the  effective  date
 3    of this amendatory Act of the 93rd General Assembly.
 4        (b)  The  requirements of Section 18-190 of this Code for
 5    a direct referendum on the imposition of a new  or  increased
 6    tax  rate  shall  not  apply  to  the tax levies that are not
 7    included in the aggregate extension pursuant to this Section.

 8        (35 ILCS 200/18-200 rep.)
 9        Section  10.   The  Property  Tax  Code  is  amended   by
10    repealing Section 18-200.

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

14        (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
15        Sec. 2-3.12.  School building code. To prepare for school
16    boards  with  the  advice of the Department of Public Health,
17    the Capital Development Board, and the State Fire  Marshal  a
18    school building code that will conserve the health and safety
19    and  general  welfare  of the pupils and school personnel and
20    others who use public school facilities.
21        The document known as "Efficient and  Adequate  Standards
22    for  the  Construction  of Schools" applies only to temporary
23    school facilities, new school  buildings,  and  additions  to
24    existing  schools  whose  construction  contracts are awarded
25    after July 1, 1965.  On or before July 1, 1967,  each  school
26    board  shall  have  its  school  district buildings that were
27    constructed  prior  to  January  1,  1955,  surveyed  by   an
28    architect or engineer licensed in the State of Illinois as to
29    minimum standards necessary to conserve the health and safety
30    of  the  pupils  enrolled  in  the  school  buildings  of the
31    district.  Buildings constructed between January 1, 1955  and
 
                            -13-     LRB093 02187 NHT 11846 a
 1    July  1,  1965,  not owned by the State of Illinois, shall be
 2    surveyed by an architect or engineer licensed in the State of
 3    Illinois beginning 10 years after acceptance of the completed
 4    building by the school board.  Buildings constructed  between
 5    January  1, 1955 and July 1, 1955 and previously exempt under
 6    the provisions of Section 35-27 shall be  surveyed  prior  to
 7    July  1,  1977  by  an  architect or engineer licensed in the
 8    State of Illinois.  The  architect  or  engineer,  using  the
 9    document  known  as  "Building  Specifications for Health and
10    Safety in Public Schools" as a guide, shall make a report  of
11    the  findings  of  the  survey  to  the  school board, giving
12    priority  in  that  report  to  fire  safety   problems   and
13    recommendations  thereon  if  any  such  problems exist.  The
14    school board of each district so  surveyed  and  receiving  a
15    report  of  needed  recommendations  to  be  made  to improve
16    standards of safety and health of  the  pupils  enrolled  has
17    until  July 1, 1970, or in case of buildings not owned by the
18    State of Illinois and completed between January 1,  1955  and
19    July  1,  1965  or in the case of buildings previously exempt
20    under the provisions of Section 35-27 has a period of 3 years
21    after  the  survey  is   commenced,   to   effectuate   those
22    recommendations,    giving    first    attention    to    the
23    recommendations  in the survey report having priority status,
24    and is authorized to levy the tax  provided  for  in  Section
25    17-2.11, according to the provisions of that Section, to make
26    such  improvements.  School boards unable to effectuate those
27    recommendations prior to July 1, 1970, on July 1, 1980 in the
28    case of buildings previously exempt under the  provisions  of
29    Section  35-27,  may  petition  the  State  Superintendent of
30    Education   upon   the   recommendation   of   the   Regional
31    Superintendent for an extension of time.   The  extension  of
32    time  may be granted by the State Superintendent of Education
33    for a period of one year, but may be extended  from  year  to
34    year  provided  substantial  progress,  in the opinion of the
 
                            -14-     LRB093 02187 NHT 11846 a
 1    State Superintendent  of  Education,  is  being  made  toward
 2    compliance.  However,  for  fire  protection issues, only one
 3    one-year extension may be made, and  no  other  provision  of
 4    this   Code   or   an  applicable  code  may  supersede  this
 5    requirement. For routine inspections,  fire  officials  shall
 6    provide  written  notice  to  the  principal of the school to
 7    schedule a mutually agreed upon  time  for  the  fire  safety
 8    check.   However,  no  more than 2 routine inspections may be
 9    made in a calendar year.
10        Within  2  years  after  the  effective  date   of   this
11    amendatory  Act of 1983, and every 10 years thereafter, or at
12    such other times  as  the  State  Board  of  Education  deems
13    necessary  or  the  regional  superintendent  so orders, each
14    school board subject to the provisions of this Section  shall
15    again   survey   its  school  buildings  and  effectuate  any
16    recommendations in accordance with the procedures  set  forth
17    herein.  An  architect  or  engineer licensed in the State of
18    Illinois  is  required  to  conduct  the  surveys  under  the
19    provisions of this Section and shall make  a  report  of  the
20    findings  of  the survey titled "safety survey report" to the
21    school board.  The school  board  shall  approve  the  safety
22    survey  report,  including  any recommendations to effectuate
23    compliance with the code,  and  submit  it  to  the  Regional
24    Superintendent.   The  Regional Superintendent shall render a
25    decision regarding approval or denial and submit  the  safety
26    survey  report to the State Superintendent of Education.  The
27    State Superintendent of Education shall approve or  deny  the
28    report  including  recommendations  to  effectuate compliance
29    with the code  and,  if  approved,  issue  a  certificate  of
30    approval.  Upon  receipt  of the certificate of approval, the
31    Regional Superintendent shall issue an order  to  effect  any
32    approved  recommendations  included  in the report.  Items in
33    the report shall  be  prioritized.   Urgent  items  shall  be
34    considered  as  those  items  related to life safety problems
 
                            -15-     LRB093 02187 NHT 11846 a
 1    that present an immediate hazard to the safety  of  students.
 2    Required  items  shall  be considered as those items that are
 3    necessary for a safe  environment  but  present  less  of  an
 4    immediate  hazard  to  the  safety  of  students.  Urgent and
 5    required items shall be defined in rules adopted by the State
 6    Board  of  Education.    Urgent  and  required  items   shall
 7    reference  a  specific  rule  in  the code authorized by this
 8    Section that is currently being violated or will be  violated
 9    within  the  next 12 months if the violation is not remedied.
10    The school board of each district so surveyed and receiving a
11    report of needed  recommendations  to  be  made  to  maintain
12    standards  of  safety and health of the pupils enrolled shall
13    effectuate  the  correction  of  urgent  items  as  soon   as
14    achievable  to  ensure  the safety of the students, but in no
15    case  more  than  one  year  after  the  date  of  the  State
16    Superintendent of Education's approval of the recommendation.
17    Required items shall be corrected in a timely manner, but  in
18    no  case  more  than  3  5  years  from the date of the State
19    Superintendent of Education's approval of the recommendation.
20    Once each year the school board  shall  submit  a  report  of
21    progress  on  completion of any recommendations to effectuate
22    compliance with the code.  For  each  year  that  the  school
23    board    does    not   effectuate   any   or   all   approved
24    recommendations,   it    shall    petition    the    Regional
25    Superintendent  and  the  State  Superintendent  of Education
26    detailing what work was completed in the previous year and  a
27    work  plan  for  completion of the remaining work.  If in the
28    judgement  of  the  Regional  Superintendent  and  the  State
29    Superintendent of Education  substantial  progress  has  been
30    made  and  just cause has been shown by the school board, the
31    petition for a one year extension of time may be approved.
32        As soon as practicable, but not later than 2 years  after
33    the  effective date of this amendatory Act of 1992, the State
34    Board of  Education  shall  combine  the  document  known  as
 
                            -16-     LRB093 02187 NHT 11846 a
 1    "Efficient  and  Adequate  Standards  for the Construction of
 2    Schools" with the document known as "Building  Specifications
 3    for  Health  and  Safety in Public Schools" together with any
 4    modifications or additions that may be deemed necessary.  The
 5    combined document shall be known as the  "Health/Life  Safety
 6    Code  for Public Schools" and shall be the governing code for
 7    all facilities that  house  public  school  students  or  are
 8    otherwise  used  for  public  school  purposes,  whether such
 9    facilities are permanent or temporary and  whether  they  are
10    owned,  leased,  rented,  or  otherwise used by the district.
11    Facilities owned by a school district but that are  not  used
12    to  house  public  school students or are not used for public
13    school purposes shall  be  governed  by  separate  provisions
14    within the code authorized by this Section.
15        The  10 year survey cycle specified in this Section shall
16    continue to apply based upon the standards contained  in  the
17    "Health/Life  Safety  Code  for  Public Schools", which shall
18    specify building standards for buildings that are constructed
19    prior to the effective date of this amendatory  Act  of  1992
20    and for buildings that are constructed after that date.
21        The "Health/Life Safety Code for Public Schools" shall be
22    the   governing   code   for  public  schools;  however,  the
23    provisions of this Section shall not preclude  inspection  of
24    school  premises  and  buildings pursuant to Section 9 of the
25    Fire Investigation Act, provided that the provisions  of  the
26    "Health/Life   Safety  Code  for  Public  Schools",  or  such
27    predecessor document authorized by this  Section  as  may  be
28    applicable  are used, and provided that those inspections are
29    coordinated   with   the   Regional   Superintendent   having
30    jurisdiction over the public school  facility.    Nothing  in
31    this  Section  shall  be  construed  to prohibit a local fire
32    department, fire protection district, or the  Office  of  the
33    State  Fire  Marshal from conducting a fire safety check in a
34    public school.  Upon being notified by a fire  official  that
 
                            -17-     LRB093 02187 NHT 11846 a
 1    corrective  action  must be taken to resolve a violation, the
 2    school board shall take corrective action  within  one  year.
 3    However,  violations  that  present  imminent  danger must be
 4    addressed immediately.
 5        Any agency having jurisdiction beyond the  scope  of  the
 6    applicable  document  authorized  by this Section may issue a
 7    lawful order to a school board to effectuate recommendations,
 8    and the school board receiving the order shall certify to the
 9    Regional  Superintendent  and  the  State  Superintendent  of
10    Education when it has complied with the order.
11        The State Board of Education is authorized to  adopt  any
12    rules  that  are necessary relating to the administration and
13    enforcement of the provisions  of  this  Section.   The  code
14    authorized  by  this Section shall apply only to those school
15    districts  having  a  population   of   less   than   500,000
16    inhabitants.
17    (Source: P.A. 92-593, eff. 1-1-03.)


18        (105 ILCS 5/10-22.14) (from Ch. 122, par. 10-22.14)
19        Sec.  10-22.14.  Borrowing  money  and  issuing bonds. To
20    borrow money, and issue bonds for the  purposes  and  in  the
21    manner provided by this Act.
22        When  bond  proceeds  from  the  sale  of bonds include a
23    premium, or when the proceeds of bonds issued  for  the  fire
24    prevention,  safety, energy conservation, and school security
25    purposes as specified in  Section  17-2.11  are  invested  as
26    authorized  by  law,  the board shall determine by resolution
27    whether  the  interest  earned  on  the  investment  of  bond
28    proceeds authorized under  Section  17-2.11  or  the  premium
29    realized  in  the sale of bonds, as the case may be, is to be
30    used for the purposes for which the  bonds  were  issued  or,
31    instead,  for  payment  of  the  principal  indebtedness  and
32    interest on those bonds.
 
                            -18-     LRB093 02187 NHT 11846 a
 1        When   bonds,  other  than  bonds  issued  for  the  fire
 2    prevention, safety, energy conservation, and school  security
 3    purposes  as  specified  in Section 17-2.11 are issued by any
 4    school district, and the purposes for which  the  bonds  have
 5    been  issued are accomplished and paid for in full, and there
 6    remain funds on hand  from  the  proceeds  of  the  bonds  so
 7    issued,  the  board  by  resolution may transfer those excess
 8    funds to the operations and maintenance fund.
 9        When bonds are issued by any school district for the fire
10    prevention, safety, energy conservation, and school  security
11    purposes  as  specified  in Section 17-2.11, and the purposes
12    for which the bonds have been  issued  are  accomplished  and
13    paid  in  full,  and  there  remain  funds  on  hand from the
14    proceeds of the bonds issued, the board by  resolution  shall
15    use   those  excess  funds  (1)  for  other  authorized  fire
16    prevention, safety, energy conservation, and school  security
17    purposes  as specified in Section 17-2.11 or (2) for transfer
18    to the Bond and Interest Fund for payment  of  principal  and
19    interest on those bonds.  If any transfer is made to the Bond
20    and  Interest  Fund,  the secretary of the school board shall
21    within 30 days notify the county clerk of the amount of  that
22    transfer  and  direct  the  clerk  to  abate  the taxes to be
23    extended for the purposes of principal and interest  payments
24    on  the  respective  bonds issued under Section 17-2.11 by an
25    amount equal to such transfer.
26    (Source: P.A. 86-970; 87-984.)

27        (105 ILCS 5/17-2.2) (from Ch. 122, par. 17-2.2)
28        Sec. 17-2.2.  Backdoor Back door referendum. Whenever any
29    school district first levies a tax at a rate within the limit
30    prescribed by paragraph (3) of Section 17-2 but in excess  of
31    the  maximum permissible on July 9, 1957, or within the limit
32    prescribed by paragraph (1) or (2) of  Section  17-2  but  in
33    excess  of  the  maximum  permissible  on  June  30, 1965, or
 
                            -19-     LRB093 02187 NHT 11846 a
 1    whenever after August 3, 1989 any school district maintaining
 2    only grades kindergarten through 8 first  levies  a  tax  for
 3    transportation  purposes  for any school year which is within
 4    the limit prescribed for that school year by paragraph (5) of
 5    Section 17-2 but in excess of the maximum  authorized  to  be
 6    levied  for  such  purposes  for  the 1988-89 school year, or
 7    whenever after August  3,  1989  any  school  district  first
 8    levies  a tax for operations and maintenance purposes for any
 9    school year which is within the  limit  prescribed  for  that
10    school year by paragraph (3) of Section 17-2 but in excess of
11    the maximum authorized to be levied for such purposes for the
12    immediately  preceding  school  year,  or whenever a backdoor
13    referendum is required under Section  17-2.11,  the  district
14    shall cause to be published a notice of the proposed tax levy
15    such   resolution  in  at  least  one  newspaper  of  general
16    circulation or more newspapers  published  in  the  district,
17    within   10  days  after  such  levy  is  made.   The  notice
18    publication of the resolution shall include a notice  of  (1)
19    the  specific  number  of  voters required to sign a petition
20    requesting that the question of the adoption of the tax  levy
21    be  submitted  to the voters of the district; (2) the time in
22    which the petition must be filed; and (3)  the  date  of  the
23    prospective referendum.  The district Secretary shall provide
24    a  petition  form  to  any  individual  requesting  one.  Any
25    registered voter taxpayer in such  district  may,  within  30
26    days  after such levy is made, file with the Secretary of the
27    board of education a petition signed by  the  voters  of  the
28    district equal to 10% or more of the registered voters of the
29    district  requesting  the  submission  to a referendum of the
30    following proposition:
31        "Shall school district No..... be authorized  to  levy  a
32    tax  for  (state  purposes)  (in  excess  of....  but  not to
33    exceed....) or (at a rate not to exceed...%) as authorized in
34    Section.... 17-2 of the School Code?" The  secretary  of  the
 
                            -20-     LRB093 02187 NHT 11846 a
 1    board  of  education  shall  certify  the  proposition to the
 2    proper election authorities for submission to the  electorate
 3    at  a  regular  scheduled  election  in  accordance  with the
 4    general election law.
 5        If a majority of the voters  voting  on  the  proposition
 6    vote in favor thereof, such increased tax shall thereafter be
 7    authorized;  if  a  majority  of  the  vote  is  against such
 8    proposition, the previous maximum rate  authorized,  if  any,
 9    shall remain in effect until changed by law.
10    (Source: P.A. 86-128; 86-134; 86-1028; 86-1334; 87-767.)

11        (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
12        Sec.  17-2.11.  School  board  power  to levy a tax or to
13    borrow money and issue bonds  for  fire  prevention,  safety,
14    energy conservation, disabled accessibility, school security,
15    and  specified  repair purposes. Whenever, as a result of any
16    lawful order of any agency, other than a school board, having
17    authority to enforce any school building code  applicable  to
18    any  facility  that houses students, or any law or regulation
19    for the protection and safety of the environment, pursuant to
20    the Environmental Protection Act, any school district  having
21    a  population of less than 500,000 inhabitants is required to
22    alter,  repair,  or  reconstruct  any  school   building   or
23    permanent,  fixed  equipment;  or  whenever any such district
24    determines that  it  is  necessary  for  energy  conservation
25    purposes   that  any  school  building  or  permanent,  fixed
26    equipment should be altered or reconstructed  and  that  such
27    alterations  or  reconstruction  will  be made with funds not
28    necessary for the  completion  of  approved  and  recommended
29    projects  contained in any safety survey report or amendments
30    thereto authorized by Section 2-3.12 of this Act; or whenever
31    any  such  district  determines  that  it  is  necessary  for
32    disabled accessibility purposes and to comply with the school
33    building code that any school building or equipment should be
 
                            -21-     LRB093 02187 NHT 11846 a
 1    altered  or  reconstructed  and  that  such  alterations   or
 2    reconstruction  will be made with funds not necessary for the
 3    completion of approved and recommended projects contained  in
 4    any  safety  survey  report  or amendments thereto authorized
 5    under Section 2-3.12  of  this  Act;  or  whenever  any  such
 6    district  determines that it is necessary for school security
 7    purposes and the related protection and safety of pupils  and
 8    school  personnel that any school building or property should
 9    be altered or reconstructed  or  that  security  systems  and
10    equipment  (including  but  not  limited  to  intercom, early
11    detection  and  warning,  access   control   and   television
12    monitoring  systems)  should  be purchased and installed, and
13    that  such  alterations,  reconstruction  or   purchase   and
14    installation  of  equipment  will  be  made  with  funds  not
15    necessary  for  the  completion  of  approved and recommended
16    projects contained in any safety survey report  or  amendment
17    thereto  authorized  by  Section  2-3.12 of this Act and will
18    deter and  prevent  unauthorized  entry  or  activities  upon
19    school property by unknown or dangerous persons, assure early
20    detection and advance warning of any such actual or attempted
21    unauthorized   entry   or  activities  and  help  assure  the
22    continued safety of pupils  and  school  staff  if  any  such
23    unauthorized  entry or activity is attempted or occurs; or if
24    a  school  district  does  not  need  funds  for  other  fire
25    prevention and safety projects, including the  completion  of
26    approved  and  recommended  projects  contained in any safety
27    survey report or amendments  thereto  authorized  by  Section
28    2-3.12  of  this  Act,  and  it  is determined after a public
29    hearing (which is preceded by at least one  published  notice
30    (i)  occurring  at  least  7  days  prior to the hearing in a
31    newspaper of general circulation within the  school  district
32    and  (ii)  setting  forth  the time, date, place, and general
33    subject matter of the hearing) that there is  a  substantial,
34    immediate,  and  otherwise  unavoidable threat to the health,
 
                            -22-     LRB093 02187 NHT 11846 a
 1    safety, or welfare of  pupils  due  to  disrepair  of  school
 2    sidewalks,   playgrounds,   parking   lots,   or  school  bus
 3    turnarounds and repairs must  be  made:   then  in  any  such
 4    event,  such  district  may, by proper resolution, levy a tax
 5    for  the  purpose  of  making  such  alteration,  repair,  or
 6    reconstruction, based on a survey report by an  architect  or
 7    engineer  licensed  in  the  State  of Illinois, upon all the
 8    taxable property of the district at the value as assessed  by
 9    the  Department  of Revenue at a rate not to exceed 0.15% for
10    elementary and high  school  districts  and  0.30%  for  unit
11    districts  .05%  per  year for a period sufficient to finance
12    such  alterations,  repairs,  or  reconstruction,  upon   the
13    following conditions:
14             (a)  When  there  are not sufficient funds available
15        in either the operations  and  maintenance  fund  of  the
16        district  or  the  fire prevention and safety fund of the
17        district as determined by the district on  the  basis  of
18        regulations  adopted  by  the State Board of Education to
19        make such alterations, repairs, or reconstruction, or  to
20        purchase  and  install  such permanent fixed equipment so
21        ordered or determined as  necessary.  Appropriate  school
22        district  records  shall  be  made available to the State
23        Superintendent of Education upon request to confirm  such
24        insufficiency.
25             (b)  When  a  certified  estimate of an architect or
26        engineer licensed in the State of  Illinois  stating  the
27        estimated  amount  necessary  to make the alterations, or
28        repairs, reconstruction or to purchase and  install  such
29        equipment  so  ordered  has been secured by the district,
30        and the  estimate  has  been  approved  by  the  regional
31        superintendent  of  schools,  having  jurisdiction of the
32        district, and  the  State  Superintendent  of  Education.
33        Approval  shall  not  be  granted  for  any work that has
34        already started without the prior  express  authorization
 
                            -23-     LRB093 02187 NHT 11846 a
 1        of  the  State  Superintendent  of  Education.   If  such
 2        estimate  is  not  approved  or  denied  approval  by the
 3        regional superintendent of schools within 3 months  after
 4        the  date  on  which  it  is submitted to him or her, the
 5        school board of the district  may  submit  such  estimate
 6        directly  to  the  State  Superintendent of Education for
 7        approval or denial.
 8             (c)  Whenever  a  school  district  subject  to  the
 9        Property Tax Extension Limitation Law  first  levies  the
10        tax  at  a  rate  permitted by this amendatory Act of the
11        93rd General  Assembly  but  in  excess  of  its  maximum
12        permissible  rate  for  that purpose immediately prior to
13        the effective date of this amendatory  Act  of  the  93rd
14        General Assembly, the rate increase shall be subject to a
15        backdoor  referendum  using  the  procedures  provided in
16        Section 17-2.2 of this Code.
17        For purposes  of  this  Section  a  school  district  may
18    replace  a  school  building  or  build  additions to replace
19    portions of  a  building  when  it  is  determined  that  the
20    effectuation of the recommendations for the existing building
21    will   cost   more   than   the   replacement   costs.   Such
22    determination shall be based on  a  comparison  of  estimated
23    costs  made by an architect or engineer licensed in the State
24    of  Illinois.   The  new  building  or  addition   shall   be
25    equivalent  in  area  (square feet) and comparable in purpose
26    and grades served and may be on  the  same  site  or  another
27    site.   Such  replacement  may only be done upon order of the
28    regional superintendent of schools and the  approval  of  the
29    State Superintendent of Education.
30        The  filing of a certified copy of the resolution levying
31    the tax when accompanied by the certificates of the  regional
32    superintendent   of   schools  and  State  Superintendent  of
33    Education shall be the  authority  of  the  county  clerk  to
34    extend such tax.
 
                            -24-     LRB093 02187 NHT 11846 a
 1        The  county  clerk  of  the  county  in  which any school
 2    district levying a tax under the authority of this Section is
 3    located, in reducing raised levies, shall  not  consider  any
 4    such  tax  as  a part of the general levy for school purposes
 5    and shall not include the same in the limitation of any other
 6    tax rate which may be extended.
 7        Such tax shall be levied and collected in like manner  as
 8    all   other   taxes  of  school  districts,  subject  to  the
 9    provisions contained in this Section.
10        The tax rate limit  specified  in  this  Section  may  be
11    increased  to  .10%  upon  the  approval  of a proposition to
12    effect such increase by a majority of the electors voting  on
13    that  proposition  at  a  regular  scheduled  election.  Such
14    proposition  may  be  initiated  by  resolution of the school
15    board and shall be certified by the secretary to  the  proper
16    election  authorities  for  submission in accordance with the
17    general election law.
18        When taxes are levied by any school district for the fire
19    prevention, safety, energy conservation, and school  security
20    purposes  as  specified in this Section, and the purposes for
21    which the taxes have been levied are accomplished and paid in
22    full, and there remain funds on hand in the  Fire  Prevention
23    and  Safety  Fund  from  the  proceeds  of  the taxes levied,
24    including interest earnings  thereon,  the  school  board  by
25    resolution  shall  use such excess and other board restricted
26    funds excluding bond proceeds and earnings from such proceeds
27    (1) for other  authorized  fire  prevention,  safety,  energy
28    conservation,   and  school  security  purposes  or  (2)  for
29    transfer to the  Operations  and  Maintenance  Fund  for  the
30    purpose   of  abating  an  equal  amount  of  operations  and
31    maintenance purposes taxes.  If any transfer is made  to  the
32    Operation  and  Maintenance Fund, the secretary of the school
33    board shall within 30 days notify the  county  clerk  of  the
34    amount  of  that  transfer  and direct the clerk to abate the
 
                            -25-     LRB093 02187 NHT 11846 a
 1    taxes to be extended  for  the  purposes  of  operations  and
 2    maintenance  authorized  under Section 17-2 of this Act by an
 3    amount equal to such transfer.
 4        If the proceeds from the  tax  levy  authorized  by  this
 5    Section  are insufficient to complete the work approved under
 6    this Section, the school board is authorized  to  sell  bonds
 7    without referendum under the provisions of this Section in an
 8    amount  that,  when  added  to  the  proceeds of the tax levy
 9    authorized by this Section,  will  allow  completion  of  the
10    approved  work,  provided  that a district that is subject to
11    the Property Tax Extension Limitation Law  shall  submit  the
12    authorization  to  a  backdoor referendum as provided in this
13    Section.  No school district that is subject to the  Property
14    Tax  Extension  Limitation  Law  may  issue  bonds under this
15    Section unless it adopts a resolution declaring its intention
16    to issue bonds and directs that notice of this  intention  be
17    published at least once in a newspaper of general circulation
18    in  the  district.   The  notice  shall  set  forth  (i)  the
19    intention  of  the district to issue bonds in accordance with
20    this Section, (ii) the time within which a  petition  may  be
21    filed   requesting  the  submission  to  the  voters  of  the
22    proposition to issue the bonds, (iii) the specific number  of
23    voters  required  to  sign the petition, and (iv) the date of
24    the prospective referendum.  At the time  of  publication  of
25    the  notice  and for 30 days thereafter, the secretary of the
26    district shall provide a  petition  form  to  any  individual
27    requesting  one.   If  within 30 days after the publication a
28    petition is filed with the secretary of the district,  signed
29    by  the  voters  of  the district equal to 20% or more of the
30    registered  voters  of  the  district  requesting  that   the
31    proposition  to  issue bonds as authorized by this Section be
32    submitted to the voters thereof, then the district shall  not
33    be  authorized  to  issue the bonds until the proposition has
34    been certified to the proper  election  authorities  and  has
 
                            -26-     LRB093 02187 NHT 11846 a
 1    been  submitted  to  and approved by a majority of the voters
 2    voting on the proposition at a regular scheduled election  in
 3    accordance  with  the  general  election  law.   If  no  such
 4    petition  is  filed,  or  if  any and all petitions filed are
 5    invalid, the district may issue the bonds.
 6        Such bonds shall bear interest at a rate  not  to  exceed
 7    the  maximum rate authorized by law at the time of the making
 8    of the contract, shall mature within 20 years from date,  and
 9    shall  be signed by the president of the school board and the
10    treasurer of the school district.
11        In order to authorize and issue such  bonds,  the  school
12    board  shall  adopt  a resolution fixing the amount of bonds,
13    the date thereof, the maturities thereof, rates  of  interest
14    thereof, place of payment and denomination, which shall be in
15    denominations of not less than $100 and not more than $5,000,
16    and  provide  for  the levy and collection of a direct annual
17    tax upon all the taxable  property  in  the  school  district
18    sufficient to pay the principal and interest on such bonds to
19    maturity.   Upon the filing in the office of the county clerk
20    of the county in which the school district is  located  of  a
21    certified  copy  of  the  resolution,  it  is the duty of the
22    county clerk to extend the tax therefor in addition to and in
23    excess of all other taxes heretofore or hereafter  authorized
24    to be levied by such school district.
25        After  the  time such bonds are issued as provided for by
26    this  Section,  if  additional   alterations,   repairs,   or
27    reconstructions  are  required  to be made because of surveys
28    conducted by an architect or engineer licensed in  the  State
29    of  Illinois,  the  district  may levy a tax at a rate not to
30    exceed the rate permitted by this Section .05% per year  upon
31    all  the taxable property of the district or issue additional
32    bonds, whichever action shall be the most feasible.
33        This  Section  is  cumulative  and  constitutes  complete
34    authority for the issuance  of  bonds  as  provided  in  this
 
                            -27-     LRB093 02187 NHT 11846 a
 1    Section  notwithstanding  any  other  statute  or  law to the
 2    contrary.
 3        With respect to instruments  for  the  payment  of  money
 4    issued  under  this  Section  either before, on, or after the
 5    effective date of Public Act 86-004 (June 6,  1989),  it  is,
 6    and  always  has  been, the intention of the General Assembly
 7    (i) that the Omnibus Bond Acts are,  and  always  have  been,
 8    supplementary   grants  of  power  to  issue  instruments  in
 9    accordance with the Omnibus  Bond  Acts,  regardless  of  any
10    provision  of  this Act that may appear to be or to have been
11    more restrictive than those Acts, (ii) that the provisions of
12    this Section  are  not  a  limitation  on  the  supplementary
13    authority  granted  by  the Omnibus Bond Acts, and (iii) that
14    instruments   issued   under   this   Section   within    the
15    supplementary  authority granted by the Omnibus Bond Acts are
16    not invalid because of any provision of  this  Act  that  may
17    appear  to  be  or  to  have been more restrictive than those
18    Acts.
19        When the purposes for which the  bonds  are  issued  have
20    been accomplished and paid for in full and there remain funds
21    on  hand  from  the  proceeds  of  the bond sale and interest
22    earnings therefrom, the board shall, by resolution, use  such
23    excess  funds  in  accordance  with the provisions of Section
24    10-22.14 of this Act.
25        Whenever any tax is levied or  bonds  issued  under  this
26    Section,    the   for   fire   prevention,   safety,   energy
27    conservation, and school  security  purposes,  such  proceeds
28    shall  be  deposited  and accounted for separately within the
29    Fire Prevention and Safety Fund.
30    (Source: P.A. 88-251; 88-508; 88-628,  eff.  9-9-94;  88-670,
31    eff. 12-2-94; 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)

32        (105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
33        Sec. 19-1.  Debt limitations of school districts.
 
                            -28-     LRB093 02187 NHT 11846 a
 1        (a)  School   districts  shall  not  be  subject  to  the
 2    provisions limiting  their  indebtedness  prescribed  in  the
 3    Local  Government  Debt  Limitation  Act "An Act to limit the
 4    indebtedness of counties having a  population  of  less  than
 5    500,000  and  townships, school districts and other municipal
 6    corporations having  a  population  of  less  than  300,000",
 7    approved February 15, 1928, as amended.
 8        No  school  districts maintaining grades K through 8 or 9
 9    through 12 shall become indebted in any  manner  or  for  any
10    purpose to an amount, including existing indebtedness, in the
11    aggregate  exceeding  6.9% of on the equalized assessed value
12    of the taxable property therein to be ascertained by the last
13    assessment for State and county taxes or,  until  January  1,
14    1983, if greater, the sum that is produced by multiplying the
15    school  district's  1978  equalized assessed valuation by the
16    debt limitation percentage in  effect  on  January  1,  1979,
17    previous to the incurring of such indebtedness.
18        No school districts maintaining grades K through 12 shall
19    become  indebted  in  any  manner  or  for  any purpose to an
20    amount, including existing  indebtedness,  in  the  aggregate
21    exceeding  13.8%  of  on  the equalized assessed value of the
22    taxable property  therein  to  be  ascertained  by  the  last
23    assessment  for  State  and county taxes or, until January 1,
24    1983, if greater, the sum that is produced by multiplying the
25    school district's 1978 equalized assessed  valuation  by  the
26    debt  limitation  percentage  in  effect  on January 1, 1979,
27    previous to the incurring of such indebtedness.
28        Notwithstanding the provisions of any other  law  to  the
29    contrary,  in  any  case  in  which  the  voters  of a school
30    district have approved a  proposition  for  the  issuance  of
31    bonds  of  such  school district at an election held prior to
32    January 1, 1979, and  all  of  the  bonds  approved  at  such
33    election have not been issued, the debt limitation applicable
34    to  such  school district during the calendar year 1979 shall
 
                            -29-     LRB093 02187 NHT 11846 a
 1    be computed by multiplying  the  value  of  taxable  property
 2    therein,  including  personal property, as ascertained by the
 3    last assessment for State and county taxes, previous  to  the
 4    incurring  of such indebtedness, by the percentage limitation
 5    applicable to such school district under  the  provisions  of
 6    this subsection (a).
 7        (b)  Notwithstanding  the  debt  limitation prescribed in
 8    subsection (a) of this Section, additional  indebtedness  may
 9    be  incurred in an amount not to exceed the estimated cost of
10    acquiring or  improving  school  sites  or  constructing  and
11    equipping  additional building facilities under the following
12    conditions:
13             (1)  Whenever the enrollment  of  students  for  the
14        next  school  year is estimated by the board of education
15        to increase over the actual  present  enrollment  by  not
16        less  than  35%  or  by not less than 200 students or the
17        actual present enrollment of students has increased  over
18        the  previous  school year by not less than 35% or by not
19        less  than  200  students  and  the  board  of  education
20        determines  that  additional  school  sites  or  building
21        facilities are required as a result of such  increase  in
22        enrollment; and
23             (2)  When  the  Regional  Superintendent  of Schools
24        having jurisdiction over  the  school  district  and  the
25        State   Superintendent   of   Education  concur  in  such
26        enrollment projection or increase and  approve  the  need
27        for  such  additional school sites or building facilities
28        and the estimated cost thereof; and
29             (3)  When the voters in the school district  approve
30        a  proposition  for the issuance of bonds for the purpose
31        of acquiring or improving such  needed  school  sites  or
32        constructing   and   equipping   such  needed  additional
33        building facilities at an election called  and  held  for
34        that purpose. Notice of such an election shall state that
 
                            -30-     LRB093 02187 NHT 11846 a
 1        the  amount of indebtedness proposed to be incurred would
 2        exceed the debt limitation otherwise  applicable  to  the
 3        school  district.   The ballot for such proposition shall
 4        state what percentage of the equalized assessed valuation
 5        will be outstanding in bonds if the proposed issuance  of
 6        bonds is approved by the voters; or
 7             (4)  Notwithstanding  the  provisions  of paragraphs
 8        (1) through (3) of this subsection  (b),  if  the  school
 9        board determines that additional facilities are needed to
10        provide  a  quality educational program and not less than
11        2/3 of those voting in an election called by  the  school
12        board  on  the question approve the issuance of bonds for
13        the construction of such facilities, the school  district
14        may issue bonds for this purpose; or
15             (5)  Notwithstanding  the  provisions  of paragraphs
16        (1) through (3) of this subsection (b), if (i) the school
17        district has previously availed itself of the  provisions
18        of  paragraph  (4) of this subsection (b) to enable it to
19        issue bonds, (ii) the voters of the school district  have
20        not  defeated  a  proposition  for  the issuance of bonds
21        since the referendum described in paragraph (4)  of  this
22        subsection   (b)   was   held,  (iii)  the  school  board
23        determines  that  additional  facilities  are  needed  to
24        provide  a  quality  educational  program,  and  (iv)   a
25        majority  of  those  voting  in an election called by the
26        school board on the  question  approve  the  issuance  of
27        bonds for the construction of such facilities, the school
28        district may issue bonds for this purpose.
29        In  no  event shall the indebtedness incurred pursuant to
30    this subsection (b) and  the  existing  indebtedness  of  the
31    school district exceed 15% of the equalized assessed value of
32    the  taxable  property  therein to be ascertained by the last
33    assessment for  State  and  county  taxes,  previous  to  the
34    incurring  of such indebtedness or, until January 1, 1983, if
 
                            -31-     LRB093 02187 NHT 11846 a
 1    greater, the sum that is produced by multiplying  the  school
 2    district's  1978  equalized  assessed  valuation  by the debt
 3    limitation percentage in effect on January 1, 1979.
 4        The indebtedness provided  for  by  this  subsection  (b)
 5    shall  be  in  addition  to  and  in excess of any other debt
 6    limitation.
 7        (c)  Notwithstanding the debt  limitation  prescribed  in
 8    subsection (a) of this Section, in any case in which a public
 9    question  for  the  issuance  of  bonds  of a proposed school
10    district maintaining grades kindergarten through 12  received
11    at  least 60% of the valid ballots cast on the question at an
12    election held on or prior to November 8, 1994, and  in  which
13    the bonds approved at such election have not been issued, the
14    school  district  pursuant  to  the  requirements  of Section
15    11A-10 may issue the total amount of bonds approved  at  such
16    election for the purpose stated in the question.
17        (d)  Notwithstanding  the  debt  limitation prescribed in
18    subsection (a) of this Section, a school district that  meets
19    all  the criteria set forth in paragraphs (1) and (2) of this
20    subsection (d) may incur an  additional  indebtedness  in  an
21    amount  not  to  exceed $4,500,000, even though the amount of
22    the additional indebtedness  authorized  by  this  subsection
23    (d),  when  incurred  and  added  to  the aggregate amount of
24    indebtedness of the district existing  immediately  prior  to
25    the district incurring the additional indebtedness authorized
26    by  this subsection (d), causes the aggregate indebtedness of
27    the  district  to  exceed  the  debt   limitation   otherwise
28    applicable to that district under subsection (a):
29             (1)  The  additional indebtedness authorized by this
30        subsection (d) is incurred by the school district through
31        the issuance  of  bonds  under  and  in  accordance  with
32        Section  17-2.11a  for  the purpose of replacing a school
33        building which, because of mine  subsidence  damage,  has
34        been   closed  as  provided  in  paragraph  (2)  of  this
 
                            -32-     LRB093 02187 NHT 11846 a
 1        subsection (d) or through the issuance of bonds under and
 2        in accordance  with  Section  19-3  for  the  purpose  of
 3        increasing  the  size  of,  or  providing  for additional
 4        functions in, such replacement school buildings, or  both
 5        such purposes.
 6             (2)  The  bonds  issued  by  the  school district as
 7        provided in  paragraph  (1)  above  are  issued  for  the
 8        purposes  of construction by the school district of a new
 9        school building pursuant to Section 17-2.11,  to  replace
10        an   existing  school  building  that,  because  of  mine
11        subsidence damage, is closed as of the end of the 1992-93
12        school  year  pursuant  to   action   of   the   regional
13        superintendent  of  schools  of  the  educational service
14        region in which the district  is  located  under  Section
15        3-14.22  or  are issued for the purpose of increasing the
16        size of, or providing for additional  functions  in,  the
17        new school building being constructed to replace a school
18        building  closed as the result of mine subsidence damage,
19        or both such purposes.
20        (e)  Notwithstanding the debt  limitation  prescribed  in
21    subsection  (a) of this Section, a school district that meets
22    all the criteria set forth in paragraphs (1) through  (5)  of
23    this   subsection  (e)  may,  without  referendum,  incur  an
24    additional indebtedness in an amount not to exceed the lesser
25    of $5,000,000 or 1.5% of the equalized assessed value of  the
26    taxable  property  within the district even though the amount
27    of the additional indebtedness authorized by this  subsection
28    (e),  when  incurred  and  added  to  the aggregate amount of
29    indebtedness of the district existing  immediately  prior  to
30    the  district  incurring that additional indebtedness, causes
31    the aggregate indebtedness  of  the  district  to  exceed  or
32    increases  the  amount by which the aggregate indebtedness of
33    the district already exceeds the  debt  limitation  otherwise
34    applicable to that district under subsection (a):
 
                            -33-     LRB093 02187 NHT 11846 a
 1             (1)  The  State  Board  of  Education  certifies the
 2        school district under Section  19-1.5  as  a  financially
 3        distressed district.
 4             (2)  The  additional indebtedness authorized by this
 5        subsection (e) is incurred by the financially  distressed
 6        district  during the school year or school years in which
 7        the  certification  of  the  district  as  a  financially
 8        distressed  district  continues  in  effect  through  the
 9        issuance of bonds for the lawful school purposes  of  the
10        district,  pursuant to resolution of the school board and
11        without referendum, as provided in paragraph (5) of  this
12        subsection.
13             (3)  The  aggregate  amount  of  bonds issued by the
14        financially distressed district during a fiscal  year  in
15        which   it  is  authorized  to  issue  bonds  under  this
16        subsection does  not  exceed  the  amount  by  which  the
17        aggregate  expenditures  of  the district for operational
18        purposes during the  immediately  preceding  fiscal  year
19        exceeds  the  amount  appropriated  for  the  operational
20        purposes  of  the  district  in  the annual school budget
21        adopted by the school  board  of  the  district  for  the
22        fiscal year in which the bonds are issued.
23             (4)  Throughout    each   fiscal   year   in   which
24        certification of the district as a financially distressed
25        district continues in effect, the district  maintains  in
26        effect  a  gross  salary  expense  and gross wage expense
27        freeze policy under which the district  expenditures  for
28        total  employee  salaries  and  wages  do not exceed such
29        expenditures for the immediately preceding  fiscal  year.
30        Nothing  in  this  paragraph, however, shall be deemed to
31        impair  or  to  require  impairment  of  the  contractual
32        obligations, including collective bargaining  agreements,
33        of the district or to impair or require the impairment of
34        the  vested  rights of any employee of the district under
 
                            -34-     LRB093 02187 NHT 11846 a
 1        the terms of any contract or agreement in effect  on  the
 2        effective date of this amendatory Act of 1994.
 3             (5)  Bonds  issued  by  the  financially  distressed
 4        district  under  this subsection shall bear interest at a
 5        rate not to exceed the maximum rate authorized by law  at
 6        the  time  of  the  making  of the contract, shall mature
 7        within 40 years from their date of issue,  and  shall  be
 8        signed by the president of the school board and treasurer
 9        of  the  school  district.  In order to issue bonds under
10        this  subsection,  the  school  board   shall   adopt   a
11        resolution  fixing  the  amount of the bonds, the date of
12        the bonds, the maturities of  the  bonds,  the  rates  of
13        interest  of  the  bonds,  and their place of payment and
14        denomination,  and  shall  provide  for  the   levy   and
15        collection  of  a  direct annual tax upon all the taxable
16        property in the district sufficient to pay the  principal
17        and  interest  on the bonds to maturity.  Upon the filing
18        in the office of the county clerk of the county in  which
19        the  financially  distressed  district  is  located  of a
20        certified copy of the resolution, it is the duty  of  the
21        county  clerk  to  extend the tax therefor in addition to
22        and in excess of all other taxes at any  time  authorized
23        to  be levied by the district.  If bond proceeds from the
24        sale of bonds include a premium or if the proceeds of the
25        bonds are invested as authorized by law, the school board
26        shall determine by resolution whether the interest earned
27        on  the  investment  of  bond  proceeds  or  the  premium
28        realized on the sale of the bonds is to be used  for  any
29        of  the  lawful  school purposes for which the bonds were
30        issued or for the payment of the  principal  indebtedness
31        and interest on the bonds.  The proceeds of the bond sale
32        shall  be  deposited  in the educational purposes fund of
33        the  district  and  shall  be  used  to  pay  operational
34        expenses of the district.  This subsection is  cumulative
 
                            -35-     LRB093 02187 NHT 11846 a
 1        and  constitutes  complete  authority for the issuance of
 2        bonds as provided in this subsection, notwithstanding any
 3        other law to the contrary.
 4        (f)  Notwithstanding the provisions of subsection (a)  of
 5    this  Section or of any other law, bonds in not to exceed the
 6    aggregate  amount  of  $5,500,000  and  issued  by  a  school
 7    district  meeting  the  following  criteria  shall   not   be
 8    considered   indebtedness   for  purposes  of  any  statutory
 9    limitation and  may  be  issued  in  an  amount  or  amounts,
10    including  existing indebtedness, in excess of any heretofore
11    or hereafter imposed statutory limitation as to indebtedness:
12             (1)  At the time of the  sale  of  such  bonds,  the
13        board  of education of the district shall have determined
14        by resolution that the  enrollment  of  students  in  the
15        district  is  projected  to  increase by not less than 7%
16        during each of the next succeeding 2 school years.
17             (2)  The board of education shall also determine  by
18        resolution  that the improvements to be financed with the
19        proceeds of the bonds are needed because of the projected
20        enrollment increases.
21             (3)  The board of education shall also determine  by
22        resolution that the projected increases in enrollment are
23        the result of improvements made or expected to be made to
24        passenger rail facilities located in the school district.
25        (g)  Notwithstanding  the provisions of subsection (a) of
26    this Section or any other law, bonds  in  not  to  exceed  an
27    aggregate  amount  of  25% of the equalized assessed value of
28    the taxable property of a school district  and  issued  by  a
29    school  district  meeting  the  criteria  in  paragraphs  (i)
30    through  (iv)  of  this  subsection  shall  not be considered
31    indebtedness for purposes of any statutory limitation and may
32    be issued pursuant to resolution of the school  board  in  an
33    amount or amounts, including existing indebtedness, in excess
34    of  any  statutory  limitation  of indebtedness heretofore or
 
                            -36-     LRB093 02187 NHT 11846 a
 1    hereafter imposed:
 2             (i)  The  bonds  are  issued  for  the  purpose   of
 3        constructing  a  new  high school building to replace two
 4        adjacent existing buildings which together house a single
 5        high school, each of which is more than 65 years old, and
 6        which together are located on more than 10 acres and less
 7        than 11 acres of property.
 8             (ii)  At the time  the  resolution  authorizing  the
 9        issuance   of   the   bonds   is  adopted,  the  cost  of
10        constructing  a  new  school  building  to  replace   the
11        existing  school building is less than 60% of the cost of
12        repairing the existing school building.
13             (iii)  The sale of the bonds occurs before  July  1,
14        1997.
15             (iv)  The  school  district  issuing  the bonds is a
16        unit school district located in a  county  of  less  than
17        70,000  and  more  than  50,000 inhabitants, which has an
18        average daily  attendance  of  less  than  1,500  and  an
19        equalized assessed valuation of less than $29,000,000.
20        (h)  Notwithstanding any other provisions of this Section
21    or  the provisions of any other law, until January 1, 1998, a
22    community unit school district maintaining grades  K  through
23    12  may  issue  bonds  up  to  an  amount, including existing
24    indebtedness, not exceeding 27.6% of the  equalized  assessed
25    value  of the taxable property in the district, if all of the
26    following conditions are met:
27             (i)  The school district has an  equalized  assessed
28        valuation   for   calendar   year   1995   of  less  than
29        $24,000,000;
30             (ii)  The  bonds  are   issued   for   the   capital
31        improvement,  renovation,  rehabilitation, or replacement
32        of existing school buildings  of  the  district,  all  of
33        which buildings were originally constructed not less than
34        40 years ago;
 
                            -37-     LRB093 02187 NHT 11846 a
 1             (iii)  The   voters   of   the  district  approve  a
 2        proposition for the issuance of the bonds at a referendum
 3        held after March 19, 1996; and
 4             (iv)  The bonds are issued pursuant to Sections 19-2
 5        through 19-7 of this Code.
 6        (i)  Notwithstanding any other provisions of this Section
 7    or the provisions of any other law, until January 1, 1998,  a
 8    community  unit  school district maintaining grades K through
 9    12 may issue  bonds  up  to  an  amount,  including  existing
10    indebtedness,  not  exceeding  27%  of the equalized assessed
11    value of the taxable property in the district, if all of  the
12    following conditions are met:
13             (i)  The  school  district has an equalized assessed
14        valuation  for  calendar   year   1995   of   less   than
15        $44,600,000;
16             (ii)  The   bonds   are   issued   for  the  capital
17        improvement, renovation, rehabilitation,  or  replacement
18        of  existing  school  buildings  of  the district, all of
19        which existing buildings were originally constructed  not
20        less than 80 years ago;
21             (iii)  The   voters   of   the  district  approve  a
22        proposition for the issuance of the bonds at a referendum
23        held after December 31, 1996; and
24             (iv)  The bonds are issued pursuant to Sections 19-2
25        through 19-7 of this Code.
26        (j)  Notwithstanding any other provisions of this Section
27    or the provisions of any other law, until January 1, 1999,  a
28    community  unit  school district maintaining grades K through
29    12 may issue  bonds  up  to  an  amount,  including  existing
30    indebtedness,  not  exceeding  27%  of the equalized assessed
31    value of the taxable property in the district if all  of  the
32    following conditions are met:
33             (i)  The  school  district has an equalized assessed
34        valuation  for  calendar   year   1995   of   less   than
 
                            -38-     LRB093 02187 NHT 11846 a
 1        $140,000,000 and a best 3 months average daily attendance
 2        for the 1995-96 school year of at least 2,800;
 3             (ii)  The  bonds  are  issued to purchase a site and
 4        build and  equip  a  new  high  school,  and  the  school
 5        district's    existing   high   school   was   originally
 6        constructed not less than 35 years prior to the  sale  of
 7        the bonds;
 8             (iii)  At  the  time  of  the sale of the bonds, the
 9        board of education determines by resolution  that  a  new
10        high  school  is  needed  because of projected enrollment
11        increases;
12             (iv)  At least 60% of those voting  in  an  election
13        held  after  December  31, 1996 approve a proposition for
14        the issuance of the bonds; and
15             (v)  The bonds are issued pursuant to Sections  19-2
16        through 19-7 of this Code.
17        (k)  Notwithstanding  the  debt  limitation prescribed in
18    subsection (a) of this Section, a school district that  meets
19    all  the  criteria set forth in paragraphs (1) through (4) of
20    this subsection (k) may issue bonds to  incur  an  additional
21    indebtedness  in  an  amount  not  to  exceed $4,000,000 even
22    though the amount of the additional  indebtedness  authorized
23    by  this  subsection  (k),  when  incurred  and  added to the
24    aggregate amount  of  indebtedness  of  the  school  district
25    existing  immediately  prior to the school district incurring
26    such   additional   indebtedness,   causes   the    aggregate
27    indebtedness  of  the  school district to exceed or increases
28    the  amount  by  which  the  aggregate  indebtedness  of  the
29    district  already  exceeds  the  debt  limitation   otherwise
30    applicable to that school district under subsection (a):
31             (1)  the  school  district is located in 2 counties,
32        and a referendum to authorize the additional indebtedness
33        was approved by a majority of the voters  of  the  school
34        district  voting  on  the  proposition  to authorize that
 
                            -39-     LRB093 02187 NHT 11846 a
 1        indebtedness;
 2             (2)  the additional indebtedness is for the  purpose
 3        of   financing  a  multi-purpose  room  addition  to  the
 4        existing high school;
 5             (3)  the additional indebtedness, together with  the
 6        existing  indebtedness  of the school district, shall not
 7        exceed 17.4% of the value of the taxable property in  the
 8        school district, to be ascertained by the last assessment
 9        for State and county taxes; and
10             (4)  the    bonds    evidencing    the    additional
11        indebtedness  are  issued,  if at all, within 120 days of
12        the effective date of this amendatory Act of 1998.
13        (l)  Notwithstanding any other provisions of this Section
14    or the provisions of any other law, until January 1, 2000,  a
15    school district maintaining grades kindergarten through 8 may
16    issue bonds up to an amount, including existing indebtedness,
17    not  exceeding  15%  of  the  equalized assessed value of the
18    taxable property in the district  if  all  of  the  following
19    conditions are met:
20             (i)  the   district   has   an   equalized  assessed
21        valuation  for  calendar   year   1996   of   less   than
22        $10,000,000;
23             (ii)  the  bonds are issued for capital improvement,
24        renovation, rehabilitation, or replacement of one or more
25        school buildings of the district,  which  buildings  were
26        originally constructed not less than 70 years ago;
27             (iii)  the   voters   of   the  district  approve  a
28        proposition for the issuance of the bonds at a referendum
29        held on or after March 17, 1998; and
30             (iv)  the bonds are issued pursuant to Sections 19-2
31        through 19-7 of this Code.
32        (m)  Notwithstanding any other provisions of this Section
33    or the provisions of any other law, until January 1, 1999, an
34    elementary school district maintaining grades K through 8 may
 
                            -40-     LRB093 02187 NHT 11846 a
 1    issue bonds up to an amount, excluding existing indebtedness,
 2    not exceeding 18% of the  equalized  assessed  value  of  the
 3    taxable  property  in  the  district, if all of the following
 4    conditions are met:
 5             (i)  The school district has an  equalized  assessed
 6        valuation for calendar year 1995 or less than $7,700,000;
 7             (ii)  The  school  district  operates  2  elementary
 8        attendance  centers  that until 1976 were operated as the
 9        attendance centers of  2  separate  and  distinct  school
10        districts;
11             (iii)  The  bonds are issued for the construction of
12        a new elementary school building to replace  an  existing
13        multi-level  elementary  school  building  of  the school
14        district that is not handicapped accessible at all levels
15        and parts of which were constructed more  than  75  years
16        ago;
17             (iv)  The  voters  of  the school district approve a
18        proposition for the issuance of the bonds at a referendum
19        held after July 1, 1998; and
20             (v)  The bonds are issued pursuant to Sections  19-2
21        through 19-7 of this Code.
22        (n)  Notwithstanding  the  debt  limitation prescribed in
23    subsection (a) of this Section or  any  other  provisions  of
24    this  Section  or  of  any  other law, a school district that
25    meets all of the criteria set forth in paragraphs (i) through
26    (vi) of this subsection (n) may incur additional indebtedness
27    by the issuance of bonds  in  an  amount  not  exceeding  the
28    amount  certified  by  the  Capital  Development Board to the
29    school district  as  provided  in  paragraph  (iii)  of  this
30    subsection  (n),  even  though  the  amount of the additional
31    indebtedness so authorized, when incurred and  added  to  the
32    aggregate  amount  of  indebtedness  of the district existing
33    immediately prior to the district  incurring  the  additional
34    indebtedness  authorized  by  this subsection (n), causes the
 
                            -41-     LRB093 02187 NHT 11846 a
 1    aggregate indebtedness of the district  to  exceed  the  debt
 2    limitation otherwise applicable by law to that district:
 3             (i)  The  school district applies to the State Board
 4        of Education for a school construction project grant  and
 5        submits  a  district  facilities  plan  in support of its
 6        application  pursuant  to  Section  5-20  of  the  School
 7        Construction Law.
 8             (ii)  The   school   district's   application    and
 9        facilities   plan  are  approved  by,  and  the  district
10        receives a grant entitlement for  a  school  construction
11        project issued by, the State Board of Education under the
12        School Construction Law.
13             (iii)  The school district has exhausted its bonding
14        capacity  or  the unused bonding capacity of the district
15        is  less  than  the  amount  certified  by  the   Capital
16        Development  Board  to the district under Section 5-15 of
17        the School Construction Law as the dollar amount  of  the
18        school construction project's cost that the district will
19        be  required  to finance with non-grant funds in order to
20        receive a school construction  project  grant  under  the
21        School Construction Law.
22             (iv)  The   bonds   are   issued   for   a   "school
23        construction project", as that term is defined in Section
24        5-5  of  the  School  Construction Law, in an amount that
25        does not exceed the dollar amount certified, as  provided
26        in paragraph (iii) of this subsection (n), by the Capital
27        Development  Board  to  the school district under Section
28        5-15 of the School Construction Law.
29             (v)  The  voters   of   the   district   approve   a
30        proposition for the issuance of the bonds at a referendum
31        held  after  the criteria specified in paragraphs (i) and
32        (iii) of this subsection (n) are met.
33             (vi)  The bonds are issued pursuant to Sections 19-2
34        through 19-7 of the School Code.
 
                            -42-     LRB093 02187 NHT 11846 a
 1    (Source: P.A. 90-570, eff.  1-28-98;  90-757,  eff.  8-14-98;
 2    91-55, eff. 6-30-99.)

 3        Section  99.  Effective date.  This Act takes effect upon
 4    becoming law.".