Full Text of SB0380 94th General Assembly
SB0380enr 94TH GENERAL ASSEMBLY
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SB0380 Enrolled |
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| AN ACT concerning education.
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| WHEREAS, Oswego Community Unit School District Number 308 | 3 |
| has experienced an extremely rapid increase in the size of its | 4 |
| student population; since 2003, the size of the district's | 5 |
| student population has increased from 8,600 to 14,100 and is | 6 |
| expected to exceed 27,000 by the 2011-2012 school year; in | 7 |
| order to meet the needs of its current and future students, the | 8 |
| school district must be able to construct new facilities and | 9 |
| improve its existing facilities; additional bonding authority, | 10 |
| subject to referendum approval, is needed to finance these | 11 |
| capital projects; at the general election held on November 7, | 12 |
| 2006, the voters of the district approved the following | 13 |
| proposition: | 14 |
| Shall the Board of Education of Oswego Community Unit | 15 |
| School District Number 308, Kendall, Kane and Will | 16 |
| Counties, Illinois, build and equip one new high school | 17 |
| building, four new junior high school buildings, eight new | 18 |
| elementary school buildings, an early childhood building, | 19 |
| a maintenance building, a transportation facility and | 20 |
| additions to existing school buildings, alter, repair, | 21 |
| equip and provide technology improvements to existing | 22 |
| school buildings, acquire and improve school sites and | 23 |
| issue the bonds of said School District to the amount of | 24 |
| $450,000,000 for the purpose of paying the costs thereof?; | 25 |
| and | 26 |
| WHEREAS, Lincoln-Way Community High School District Number | 27 |
| 210 has experienced an extremely rapid increase in the size of | 28 |
| its student population; the size of the district's student | 29 |
| population has increased from 4,475 in the 1998-1999 school | 30 |
| year to 6,632 in the 2005-2006 school year and is expected to | 31 |
| exceed 8,400 by the 2009-2010 school year; in order to meet the | 32 |
| needs of its current and future students, the school district | 33 |
| must be able to construct new facilities and improve its | 34 |
| existing facilities; additional bonding authority, subject to |
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| referendum approval, is needed to finance these capital | 2 |
| projects; at the general primary election held on March 21, | 3 |
| 2006, the voters of the district approved the following | 4 |
| proposition: | 5 |
| Shall the Board of Education of Lincoln-Way Community High | 6 |
| School District 210, Will County, Illinois, improve the | 7 |
| sites of and build and equip two high school buildings, | 8 |
| improve the sites and alter, repair and equip the | 9 |
| Lincoln-Way Central and East High School Buildings and | 10 |
| issue bonds of said School District to the amount of | 11 |
| $225,000,000 for the purpose of paying the costs thereof?; | 12 |
| and | 13 |
| WHEREAS, Ford Heights School District 169 serves the | 14 |
| educational needs of one of the poorest communities in the | 15 |
| nation; the Ford Motor Company is the largest single property | 16 |
| taxpayer within the District, and it owns property that | 17 |
| comprises at least 20% of the equalized assessed value in the | 18 |
| District; the Ford Motor Company has realized reductions of its | 19 |
| property's equalized assessed valuation of at least 40% between | 20 |
| the 2000 and 2005 taxable years; the District has, | 21 |
| consequently, lost property tax revenues due to tax refunds of | 22 |
| $2,700,000 over the past several years; it is projected that | 23 |
| the District will run out of operating funds entirely as early | 24 |
| as January 2007, and it will be forced to lay off approximately | 25 |
| 30 of its 65 teachers; this financial crisis endangers the | 26 |
| quality of education received by the children of the District | 27 |
| and it threatens the health, safety, and welfare of the | 28 |
| citizens; therefore | 29 |
| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The Property Tax Code is amended by changing |
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| Sections 18-185 and 18-190.5 as follows: | 2 |
| (35 ILCS 200/18-185)
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| Sec. 18-185. Short title; definitions. This Division 5 may | 4 |
| be cited as the
Property Tax Extension Limitation Law. As used | 5 |
| in this Division 5:
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| "Consumer Price Index" means the Consumer Price Index for | 7 |
| All Urban
Consumers for all items published by the United | 8 |
| States Department of Labor.
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| "Extension limitation" means (a) the lesser of 5% or the | 10 |
| percentage increase
in the Consumer Price Index during the | 11 |
| 12-month calendar year preceding the
levy year or (b) the rate | 12 |
| of increase approved by voters under Section 18-205.
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| "Affected county" means a county of 3,000,000 or more | 14 |
| inhabitants or a
county contiguous to a county of 3,000,000 or | 15 |
| more inhabitants.
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| "Taxing district" has the same meaning provided in Section | 17 |
| 1-150, except as
otherwise provided in this Section. For the | 18 |
| 1991 through 1994 levy years only,
"taxing district" includes | 19 |
| only each non-home rule taxing district having the
majority of | 20 |
| its
1990 equalized assessed value within any county or counties | 21 |
| contiguous to a
county with 3,000,000 or more inhabitants. | 22 |
| Beginning with the 1995 levy
year, "taxing district" includes | 23 |
| only each non-home rule taxing district
subject to this Law | 24 |
| before the 1995 levy year and each non-home rule
taxing | 25 |
| district not subject to this Law before the 1995 levy year | 26 |
| having the
majority of its 1994 equalized assessed value in an | 27 |
| affected county or
counties. Beginning with the levy year in
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| which this Law becomes applicable to a taxing district as
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| provided in Section 18-213, "taxing district" also includes | 30 |
| those taxing
districts made subject to this Law as provided in | 31 |
| Section 18-213.
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| "Aggregate extension" for taxing districts to which this | 33 |
| Law applied before
the 1995 levy year means the annual | 34 |
| corporate extension for the taxing
district and those special | 35 |
| purpose extensions that are made annually for
the taxing |
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SB0380 Enrolled |
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| district, excluding special purpose extensions: (a) made for | 2 |
| the
taxing district to pay interest or principal on general | 3 |
| obligation bonds
that were approved by referendum; (b) made for | 4 |
| any taxing district to pay
interest or principal on general | 5 |
| obligation bonds issued before October 1,
1991; (c) made for | 6 |
| any taxing district to pay interest or principal on bonds
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| issued to refund or continue to refund those bonds issued | 8 |
| before October 1,
1991; (d)
made for any taxing district to pay | 9 |
| interest or principal on bonds
issued to refund or continue to | 10 |
| refund bonds issued after October 1, 1991 that
were approved by | 11 |
| referendum; (e)
made for any taxing district to pay interest
or | 12 |
| principal on revenue bonds issued before October 1, 1991 for | 13 |
| payment of
which a property tax levy or the full faith and | 14 |
| credit of the unit of local
government is pledged; however, a | 15 |
| tax for the payment of interest or principal
on those bonds | 16 |
| shall be made only after the governing body of the unit of | 17 |
| local
government finds that all other sources for payment are | 18 |
| insufficient to make
those payments; (f) made for payments | 19 |
| under a building commission lease when
the lease payments are | 20 |
| for the retirement of bonds issued by the commission
before | 21 |
| October 1, 1991, to pay for the building project; (g) made for | 22 |
| payments
due under installment contracts entered into before | 23 |
| October 1, 1991;
(h) made for payments of principal and | 24 |
| interest on bonds issued under the
Metropolitan Water | 25 |
| Reclamation District Act to finance construction projects
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| initiated before October 1, 1991; (i) made for payments of | 27 |
| principal and
interest on limited bonds, as defined in Section | 28 |
| 3 of the Local Government Debt
Reform Act, in an amount not to | 29 |
| exceed the debt service extension base less
the amount in items | 30 |
| (b), (c), (e), and (h) of this definition for
non-referendum | 31 |
| obligations, except obligations initially issued pursuant to
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| referendum; (j) made for payments of principal and interest on | 33 |
| bonds
issued under Section 15 of the Local Government Debt | 34 |
| Reform Act; (k)
made
by a school district that participates in | 35 |
| the Special Education District of
Lake County, created by | 36 |
| special education joint agreement under Section
10-22.31 of the |
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| School Code, for payment of the school district's share of the
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| amounts required to be contributed by the Special Education | 3 |
| District of Lake
County to the Illinois Municipal Retirement | 4 |
| Fund under Article 7 of the
Illinois Pension Code; the amount | 5 |
| of any extension under this item (k) shall be
certified by the | 6 |
| school district to the county clerk; (l) made to fund
expenses | 7 |
| of providing joint recreational programs for the handicapped | 8 |
| under
Section 5-8 of
the
Park District Code or Section 11-95-14 | 9 |
| of the Illinois Municipal Code; (m) made for temporary | 10 |
| relocation loan repayment purposes pursuant to Sections 2-3.77 | 11 |
| and 17-2.2d of the School Code; (n) made for payment of | 12 |
| principal and interest on any bonds issued under the authority | 13 |
| of Section 17-2.2d of the School Code; and (o) made for | 14 |
| contributions to a firefighter's pension fund created under | 15 |
| Article 4 of the Illinois Pension Code, to the extent of the | 16 |
| amount certified under item (5) of Section 4-134 of the | 17 |
| Illinois Pension Code.
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| "Aggregate extension" for the taxing districts to which | 19 |
| this Law did not
apply before the 1995 levy year (except taxing | 20 |
| districts subject to this Law
in
accordance with Section | 21 |
| 18-213) means the annual corporate extension for the
taxing | 22 |
| district and those special purpose extensions that are made | 23 |
| annually for
the taxing district, excluding special purpose | 24 |
| extensions: (a) made for the
taxing district to pay interest or | 25 |
| principal on general obligation bonds that
were approved by | 26 |
| referendum; (b) made for any taxing district to pay interest
or | 27 |
| principal on general obligation bonds issued before March 1, | 28 |
| 1995; (c) made
for any taxing district to pay interest or | 29 |
| principal on bonds issued to refund
or continue to refund those | 30 |
| bonds issued before March 1, 1995; (d) made for any
taxing | 31 |
| district to pay interest or principal on bonds issued to refund | 32 |
| or
continue to refund bonds issued after March 1, 1995 that | 33 |
| were approved by
referendum; (e) made for any taxing district | 34 |
| to pay interest or principal on
revenue bonds issued before | 35 |
| March 1, 1995 for payment of which a property tax
levy or the | 36 |
| full faith and credit of the unit of local government is |
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SB0380 Enrolled |
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LRB094 09889 NHT 40147 b |
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| pledged;
however, a tax for the payment of interest or | 2 |
| principal on those bonds shall be
made only after the governing | 3 |
| body of the unit of local government finds that
all other | 4 |
| sources for payment are insufficient to make those payments; | 5 |
| (f) made
for payments under a building commission lease when | 6 |
| the lease payments are for
the retirement of bonds issued by | 7 |
| the commission before March 1, 1995 to
pay for the building | 8 |
| project; (g) made for payments due under installment
contracts | 9 |
| entered into before March 1, 1995; (h) made for payments of
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| principal and interest on bonds issued under the Metropolitan | 11 |
| Water Reclamation
District Act to finance construction | 12 |
| projects initiated before October 1,
1991; (h-4) made for | 13 |
| stormwater management purposes by the Metropolitan Water | 14 |
| Reclamation District of Greater Chicago under Section 12 of the | 15 |
| Metropolitan Water Reclamation District Act; (i) made for | 16 |
| payments of principal and interest on limited bonds,
as defined | 17 |
| in Section 3 of the Local Government Debt Reform Act, in an | 18 |
| amount
not to exceed the debt service extension base less the | 19 |
| amount in items (b),
(c), and (e) of this definition for | 20 |
| non-referendum obligations, except
obligations initially | 21 |
| issued pursuant to referendum and bonds described in
subsection | 22 |
| (h) of this definition; (j) made for payments of
principal and | 23 |
| interest on bonds issued under Section 15 of the Local | 24 |
| Government
Debt Reform Act; (k) made for payments of principal | 25 |
| and interest on bonds
authorized by Public Act 88-503 and | 26 |
| issued under Section 20a of the Chicago
Park District Act for | 27 |
| aquarium or
museum projects; (l) made for payments of principal | 28 |
| and interest on
bonds
authorized by Public Act 87-1191 or | 29 |
| 93-601 and (i) issued pursuant to Section 21.2 of the Cook | 30 |
| County Forest
Preserve District Act, (ii) issued under Section | 31 |
| 42 of the Cook County
Forest Preserve District Act for | 32 |
| zoological park projects, or (iii) issued
under Section 44.1 of | 33 |
| the Cook County Forest Preserve District Act for
botanical | 34 |
| gardens projects; (m) made
pursuant
to Section 34-53.5 of the | 35 |
| School Code, whether levied annually or not;
(n) made to fund | 36 |
| expenses of providing joint recreational programs for the
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SB0380 Enrolled |
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| handicapped under Section 5-8 of the Park
District Code or | 2 |
| Section 11-95-14 of the Illinois Municipal Code;
(o) made by | 3 |
| the
Chicago Park
District for recreational programs for the | 4 |
| handicapped under subsection (c) of
Section
7.06 of the Chicago | 5 |
| Park District Act; and (p) made for contributions to a | 6 |
| firefighter's pension fund created under Article 4 of the | 7 |
| Illinois Pension Code, to the extent of the amount certified | 8 |
| under item (5) of Section 4-134 of the Illinois Pension Code | 9 |
| (q) made by Ford Heights School District 169 under Section | 10 |
| 17-9.02 of the School Code .
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| "Aggregate extension" for all taxing districts to which | 12 |
| this Law applies in
accordance with Section 18-213, except for | 13 |
| those taxing districts subject to
paragraph (2) of subsection | 14 |
| (e) of Section 18-213, means the annual corporate
extension for | 15 |
| the
taxing district and those special purpose extensions that | 16 |
| are made annually for
the taxing district, excluding special | 17 |
| purpose extensions: (a) made for the
taxing district to pay | 18 |
| interest or principal on general obligation bonds that
were | 19 |
| approved by referendum; (b) made for any taxing district to pay | 20 |
| interest
or principal on general obligation bonds issued before | 21 |
| the date on which the
referendum making this
Law applicable to | 22 |
| the taxing district is held; (c) made
for any taxing district | 23 |
| to pay interest or principal on bonds issued to refund
or | 24 |
| continue to refund those bonds issued before the date on which | 25 |
| the
referendum making this Law
applicable to the taxing | 26 |
| district is held;
(d) made for any
taxing district to pay | 27 |
| interest or principal on bonds issued to refund or
continue to | 28 |
| refund bonds issued after the date on which the referendum | 29 |
| making
this Law
applicable to the taxing district is held if | 30 |
| the bonds were approved by
referendum after the date on which | 31 |
| the referendum making this Law
applicable to the taxing | 32 |
| district is held; (e) made for any
taxing district to pay | 33 |
| interest or principal on
revenue bonds issued before the date | 34 |
| on which the referendum making this Law
applicable to the
| 35 |
| taxing district is held for payment of which a property tax
| 36 |
| levy or the full faith and credit of the unit of local |
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SB0380 Enrolled |
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| government is pledged;
however, a tax for the payment of | 2 |
| interest or principal on those bonds shall be
made only after | 3 |
| the governing body of the unit of local government finds that
| 4 |
| all other sources for payment are insufficient to make those | 5 |
| payments; (f) made
for payments under a building commission | 6 |
| lease when the lease payments are for
the retirement of bonds | 7 |
| issued by the commission before the date on which the
| 8 |
| referendum making this
Law applicable to the taxing district is | 9 |
| held to
pay for the building project; (g) made for payments due | 10 |
| under installment
contracts entered into before the date on | 11 |
| which the referendum making this Law
applicable to
the taxing | 12 |
| district is held;
(h) made for payments
of principal and | 13 |
| interest on limited bonds,
as defined in Section 3 of the Local | 14 |
| Government Debt Reform Act, in an amount
not to exceed the debt | 15 |
| service extension base less the amount in items (b),
(c), and | 16 |
| (e) of this definition for non-referendum obligations, except
| 17 |
| obligations initially issued pursuant to referendum; (i) made | 18 |
| for payments
of
principal and interest on bonds issued under | 19 |
| Section 15 of the Local Government
Debt Reform Act;
(j)
made | 20 |
| for a qualified airport authority to pay interest or principal | 21 |
| on
general obligation bonds issued for the purpose of paying | 22 |
| obligations due
under, or financing airport facilities | 23 |
| required to be acquired, constructed,
installed or equipped | 24 |
| pursuant to, contracts entered into before March
1, 1996 (but | 25 |
| not including any amendments to such a contract taking effect | 26 |
| on
or after that date); (k) made to fund expenses of providing | 27 |
| joint
recreational programs for the handicapped under Section | 28 |
| 5-8 of
the
Park District Code or Section 11-95-14 of the | 29 |
| Illinois Municipal Code; and (l) made for contributions to a | 30 |
| firefighter's pension fund created under Article 4 of the | 31 |
| Illinois Pension Code, to the extent of the amount certified | 32 |
| under item (5) of Section 4-134 of the Illinois Pension Code.
| 33 |
| "Aggregate extension" for all taxing districts to which | 34 |
| this Law applies in
accordance with paragraph (2) of subsection | 35 |
| (e) of Section 18-213 means the
annual corporate extension for | 36 |
| the
taxing district and those special purpose extensions that |
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SB0380 Enrolled |
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LRB094 09889 NHT 40147 b |
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| are made annually for
the taxing district, excluding special | 2 |
| purpose extensions: (a) made for the
taxing district to pay | 3 |
| interest or principal on general obligation bonds that
were | 4 |
| approved by referendum; (b) made for any taxing district to pay | 5 |
| interest
or principal on general obligation bonds issued before | 6 |
| the effective date of
this amendatory Act of 1997;
(c) made
for | 7 |
| any taxing district to pay interest or principal on bonds | 8 |
| issued to refund
or continue to refund those bonds issued | 9 |
| before the effective date
of this amendatory Act of 1997;
(d) | 10 |
| made for any
taxing district to pay interest or principal on | 11 |
| bonds issued to refund or
continue to refund bonds issued after | 12 |
| the effective date of this amendatory Act
of 1997 if the bonds | 13 |
| were approved by referendum after the effective date of
this | 14 |
| amendatory Act of 1997;
(e) made for any
taxing district to pay | 15 |
| interest or principal on
revenue bonds issued before the | 16 |
| effective date of this amendatory Act of 1997
for payment of | 17 |
| which a property tax
levy or the full faith and credit of the | 18 |
| unit of local government is pledged;
however, a tax for the | 19 |
| payment of interest or principal on those bonds shall be
made | 20 |
| only after the governing body of the unit of local government | 21 |
| finds that
all other sources for payment are insufficient to | 22 |
| make those payments; (f) made
for payments under a building | 23 |
| commission lease when the lease payments are for
the retirement | 24 |
| of bonds issued by the commission before the effective date
of | 25 |
| this amendatory Act of 1997
to
pay for the building project; | 26 |
| (g) made for payments due under installment
contracts entered | 27 |
| into before the effective date of this amendatory Act of
1997;
| 28 |
| (h) made for payments
of principal and interest on limited | 29 |
| bonds,
as defined in Section 3 of the Local Government Debt | 30 |
| Reform Act, in an amount
not to exceed the debt service | 31 |
| extension base less the amount in items (b),
(c), and (e) of | 32 |
| this definition for non-referendum obligations, except
| 33 |
| obligations initially issued pursuant to referendum; (i) made | 34 |
| for payments
of
principal and interest on bonds issued under | 35 |
| Section 15 of the Local Government
Debt Reform Act;
(j)
made | 36 |
| for a qualified airport authority to pay interest or principal |
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SB0380 Enrolled |
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| on
general obligation bonds issued for the purpose of paying | 2 |
| obligations due
under, or financing airport facilities | 3 |
| required to be acquired, constructed,
installed or equipped | 4 |
| pursuant to, contracts entered into before March
1, 1996 (but | 5 |
| not including any amendments to such a contract taking effect | 6 |
| on
or after that date); (k) made to fund expenses of providing | 7 |
| joint
recreational programs for the handicapped under Section | 8 |
| 5-8 of
the
Park District Code or Section 11-95-14 of the | 9 |
| Illinois Municipal Code; and (l) made for contributions to a | 10 |
| firefighter's pension fund created under Article 4 of the | 11 |
| Illinois Pension Code, to the extent of the amount certified | 12 |
| under item (5) of Section 4-134 of the Illinois Pension Code.
| 13 |
| "Debt service extension base" means an amount equal to that | 14 |
| portion of the
extension for a taxing district for the 1994 | 15 |
| levy year, or for those taxing
districts subject to this Law in | 16 |
| accordance with Section 18-213, except for
those subject to | 17 |
| paragraph (2) of subsection (e) of Section 18-213, for the
levy
| 18 |
| year in which the referendum making this Law applicable to the | 19 |
| taxing district
is held, or for those taxing districts subject | 20 |
| to this Law in accordance with
paragraph (2) of subsection (e) | 21 |
| of Section 18-213 for the 1996 levy year,
constituting an
| 22 |
| extension for payment of principal and interest on bonds issued | 23 |
| by the taxing
district without referendum, but not including | 24 |
| excluded non-referendum bonds. For park districts (i) that were | 25 |
| first
subject to this Law in 1991 or 1995 and (ii) whose | 26 |
| extension for the 1994 levy
year for the payment of principal | 27 |
| and interest on bonds issued by the park
district without | 28 |
| referendum (but not including excluded non-referendum bonds)
| 29 |
| was less than 51% of the amount for the 1991 levy year | 30 |
| constituting an
extension for payment of principal and interest | 31 |
| on bonds issued by the park
district without referendum (but | 32 |
| not including excluded non-referendum bonds),
"debt service | 33 |
| extension base" means an amount equal to that portion of the
| 34 |
| extension for the 1991 levy year constituting an extension for | 35 |
| payment of
principal and interest on bonds issued by the park | 36 |
| district without referendum
(but not including excluded |
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| non-referendum bonds). The debt service extension
base may be | 2 |
| established or increased as provided under Section 18-212.
| 3 |
| "Excluded non-referendum bonds" means (i) bonds authorized by | 4 |
| Public
Act 88-503 and issued under Section 20a of the Chicago | 5 |
| Park District Act for
aquarium and museum projects; (ii) bonds | 6 |
| issued under Section 15 of the
Local Government Debt Reform | 7 |
| Act; or (iii) refunding obligations issued
to refund or to | 8 |
| continue to refund obligations initially issued pursuant to
| 9 |
| referendum.
| 10 |
| "Special purpose extensions" include, but are not limited | 11 |
| to, extensions
for levies made on an annual basis for | 12 |
| unemployment and workers'
compensation, self-insurance, | 13 |
| contributions to pension plans, and extensions
made pursuant to | 14 |
| Section 6-601 of the Illinois Highway Code for a road
| 15 |
| district's permanent road fund whether levied annually or not. | 16 |
| The
extension for a special service area is not included in the
| 17 |
| aggregate extension.
| 18 |
| "Aggregate extension base" means the taxing district's | 19 |
| last preceding
aggregate extension as adjusted under Sections | 20 |
| 18-215
through 18-230.
| 21 |
| "Levy year" has the same meaning as "year" under Section
| 22 |
| 1-155.
| 23 |
| "New property" means (i) the assessed value, after final | 24 |
| board of review or
board of appeals action, of new improvements | 25 |
| or additions to existing
improvements on any parcel of real | 26 |
| property that increase the assessed value of
that real property | 27 |
| during the levy year multiplied by the equalization factor
| 28 |
| issued by the Department under Section 17-30, (ii) the assessed | 29 |
| value, after
final board of review or board of appeals action, | 30 |
| of real property not exempt
from real estate taxation, which | 31 |
| real property was exempt from real estate
taxation for any | 32 |
| portion of the immediately preceding levy year, multiplied by
| 33 |
| the equalization factor issued by the Department under Section | 34 |
| 17-30, including the assessed value, upon final stabilization | 35 |
| of occupancy after new construction is complete, of any real | 36 |
| property located within the boundaries of an otherwise or |
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| previously exempt military reservation that is intended for | 2 |
| residential use and owned by or leased to a private corporation | 3 |
| or other entity, and
(iii) in counties that classify in | 4 |
| accordance with Section 4 of Article
IX of the
Illinois | 5 |
| Constitution, an incentive property's additional assessed | 6 |
| value
resulting from a
scheduled increase in the level of | 7 |
| assessment as applied to the first year
final board of
review | 8 |
| market value.
In addition, the county clerk in a county | 9 |
| containing a population of
3,000,000 or more shall include in | 10 |
| the 1997
recovered tax increment value for any school district, | 11 |
| any recovered tax
increment value that was applicable to the | 12 |
| 1995 tax year calculations.
| 13 |
| "Qualified airport authority" means an airport authority | 14 |
| organized under
the Airport Authorities Act and located in a | 15 |
| county bordering on the State of
Wisconsin and having a | 16 |
| population in excess of 200,000 and not greater than
500,000.
| 17 |
| "Recovered tax increment value" means, except as otherwise | 18 |
| provided in this
paragraph, the amount of the current year's | 19 |
| equalized assessed value, in the
first year after a | 20 |
| municipality terminates
the designation of an area as a | 21 |
| redevelopment project area previously
established under the | 22 |
| Tax Increment Allocation Development Act in the Illinois
| 23 |
| Municipal Code, previously established under the Industrial | 24 |
| Jobs Recovery Law
in the Illinois Municipal Code, or previously | 25 |
| established under the Economic
Development Area Tax Increment | 26 |
| Allocation Act, of each taxable lot, block,
tract, or parcel of | 27 |
| real property in the redevelopment project area over and
above | 28 |
| the initial equalized assessed value of each property in the
| 29 |
| redevelopment project area.
For the taxes which are extended | 30 |
| for the 1997 levy year, the recovered tax
increment value for a | 31 |
| non-home rule taxing district that first became subject
to this | 32 |
| Law for the 1995 levy year because a majority of its 1994 | 33 |
| equalized
assessed value was in an affected county or counties | 34 |
| shall be increased if a
municipality terminated the designation | 35 |
| of an area in 1993 as a redevelopment
project area previously | 36 |
| established under the Tax Increment Allocation
Development Act |
|
|
|
SB0380 Enrolled |
- 13 - |
LRB094 09889 NHT 40147 b |
|
| 1 |
| in the Illinois Municipal Code, previously established under
| 2 |
| the Industrial Jobs Recovery Law in the Illinois Municipal | 3 |
| Code, or previously
established under the Economic Development | 4 |
| Area Tax Increment Allocation Act,
by an amount equal to the | 5 |
| 1994 equalized assessed value of each taxable lot,
block, | 6 |
| tract, or parcel of real property in the redevelopment project | 7 |
| area over
and above the initial equalized assessed value of | 8 |
| each property in the
redevelopment project area.
In the first | 9 |
| year after a municipality
removes a taxable lot, block, tract, | 10 |
| or parcel of real property from a
redevelopment project area | 11 |
| established under the Tax Increment Allocation
Development Act | 12 |
| in the Illinois
Municipal Code, the Industrial Jobs Recovery | 13 |
| Law
in the Illinois Municipal Code, or the Economic
Development | 14 |
| Area Tax Increment Allocation Act, "recovered tax increment | 15 |
| value"
means the amount of the current year's equalized | 16 |
| assessed value of each taxable
lot, block, tract, or parcel of | 17 |
| real property removed from the redevelopment
project area over | 18 |
| and above the initial equalized assessed value of that real
| 19 |
| property before removal from the redevelopment project area.
| 20 |
| Except as otherwise provided in this Section, "limiting | 21 |
| rate" means a
fraction the numerator of which is the last
| 22 |
| preceding aggregate extension base times an amount equal to one | 23 |
| plus the
extension limitation defined in this Section and the | 24 |
| denominator of which
is the current year's equalized assessed | 25 |
| value of all real property in the
territory under the | 26 |
| jurisdiction of the taxing district during the prior
levy year. | 27 |
| For those taxing districts that reduced their aggregate
| 28 |
| extension for the last preceding levy year, the highest | 29 |
| aggregate extension
in any of the last 3 preceding levy years | 30 |
| shall be used for the purpose of
computing the limiting rate. | 31 |
| The denominator shall not include new
property or the recovered | 32 |
| tax increment
value.
If a new rate, a rate decrease, or a | 33 |
| limiting rate increase has been approved at an election held | 34 |
| after March 21, 2006, then (i) the otherwise applicable | 35 |
| limiting rate shall be increased by the amount of the new rate | 36 |
| or shall be reduced by the amount of the rate decrease, as the |
|
|
|
SB0380 Enrolled |
- 14 - |
LRB094 09889 NHT 40147 b |
|
| 1 |
| case may be, or (ii) in the case of a limiting rate increase, | 2 |
| the limiting rate shall be equal to the rate set forth
in the | 3 |
| proposition approved by the voters for each of the years | 4 |
| specified in the proposition, after
which the limiting rate of | 5 |
| the taxing district shall be calculated as otherwise provided.
| 6 |
| (Source: P.A. 93-601, eff. 1-1-04; 93-606, eff. 11-18-03; | 7 |
| 93-612, eff. 11-18-03; 93-689, eff. 7-1-04; 93-690, eff. | 8 |
| 7-1-04; 93-1049, eff. 11-17-04; 94-974, eff. 6-30-06; 94-976, | 9 |
| eff. 6-30-06; revised 8-3-06.)
| 10 |
| (35 ILCS 200/18-190.5)
| 11 |
| Sec. 18-190.5. School districts. The requirements of
| 12 |
| Section 18-190 of this Code for a direct referendum on the
| 13 |
| imposition of a new or increased tax rate do not apply to tax
| 14 |
| levies that are not included in the aggregate extension for | 15 |
| those
taxing districts to which this Law did not apply before | 16 |
| the 1995 levy
year (except taxing districts subject to this Law | 17 |
| in accordance with
Section 18-213 of this Code) pursuant to | 18 |
| clauses
clause (m) and (q) of Section 18-185
of this Code.
| 19 |
| (Source: P.A. 92-547, eff. 6-13-02.)
| 20 |
| Section 10. The Illinois Municipal Code is amended by | 21 |
| changing Section 8-11-1.2 as follows:
| 22 |
| (65 ILCS 5/8-11-1.2) (from Ch. 24, par. 8-11-1.2)
| 23 |
| Sec. 8-11-1.2. Definition. As used in Sections 8-11-1.3,
| 24 |
| 8-11-1.4 and 8-11-1.5 of this Act:
| 25 |
| (a) "Public infrastructure" means
municipal roads and | 26 |
| streets, access roads, bridges, and sidewalks; waste
disposal | 27 |
| systems; and water and sewer line extensions, water | 28 |
| distribution
and purification facilities, storm water drainage | 29 |
| and retention facilities,
and sewage treatment facilities.
For | 30 |
| purposes of referenda authorizing the
imposition of taxes by | 31 |
| the City of DuQuoin under Sections 8-11-1.3, 8-11-1.4,
and | 32 |
| 8-11-1.5 of this
Act
that are approved in November, 2002, or | 33 |
| for purposes of referenda authorizing the
imposition of taxes |
|
|
|
SB0380 Enrolled |
- 15 - |
LRB094 09889 NHT 40147 b |
|
| 1 |
| by the Village of Forsyth under Sections 8-11-1.3, 8-11-1.4,
| 2 |
| and 8-11-1.5 of this
Act
that are approved after the effective | 3 |
| date of this amendatory Act of the 94th General Assembly,
| 4 |
| "public infrastructure" shall also
include public schools.
| 5 |
| (b) "Property tax relief" means the action of a | 6 |
| municipality to reduce the
levy for real estate taxes or avoid | 7 |
| an increase in the levy for real estate
taxes that would | 8 |
| otherwise have been required. Property tax relief or the
| 9 |
| avoidance of property tax must uniformly apply to all classes | 10 |
| of property.
| 11 |
| (Source: P.A. 91-51, eff. 6-30-99; 92-739, eff. 1-1-03; 92-815, | 12 |
| eff. 8-21-02;
revised 9-10-02.)
| 13 |
| Section 15. The School Code is amended by changing Sections | 14 |
| 5-1 and 19-1 and by adding Section 17-9.02 as follows:
| 15 |
| (105 ILCS 5/5-1) (from Ch. 122, par. 5-1)
| 16 |
| Sec. 5-1. County school units.
| 17 |
| (a) The territory in each county, exclusive of
any school | 18 |
| district governed by any special act which requires the | 19 |
| district
to appoint its own school treasurer, shall constitute | 20 |
| a county school unit.
County school units of less than | 21 |
| 2,000,000 inhabitants shall be known as
Class I county school | 22 |
| units and the office of township trustees, where
existing on | 23 |
| July 1, 1962, in such units shall be abolished on that date and
| 24 |
| all books and records of such former township trustees shall be | 25 |
| forthwith
thereafter transferred to the county board of school | 26 |
| trustees. County
school units of 2,000,000 or more inhabitants | 27 |
| shall be known as Class II
county school units and shall retain | 28 |
| the office of township trustees
unless otherwise provided in | 29 |
| subsection (b) or (c).
| 30 |
| (b) Notwithstanding subsections (a) and (c), the
school | 31 |
| board of any elementary school district having a fall, 1989
| 32 |
| aggregate enrollment of at least 2,500 but less than 6,500 | 33 |
| pupils and
having boundaries that are coterminous with the | 34 |
| boundaries of a high school
district, and the school board of |
|
|
|
SB0380 Enrolled |
- 16 - |
LRB094 09889 NHT 40147 b |
|
| 1 |
| any high school district having a fall,
1989 aggregate | 2 |
| enrollment of at least 2,500 but less than 6,500 pupils and
| 3 |
| having boundaries that are coterminous with the boundaries of | 4 |
| an elementary
school district, may, whenever the territory of | 5 |
| such school district forms
a part of a Class II county school
| 6 |
| unit, by proper resolution withdraw such school district from | 7 |
| the
jurisdiction and authority of the trustees of schools of | 8 |
| the township in
which such school district is located and from | 9 |
| the jurisdiction and
authority of the township treasurer in | 10 |
| such Class II county school unit;
provided that the school | 11 |
| board of any such school district shall, upon the
adoption and | 12 |
| passage of such resolution, thereupon elect or appoint its own
| 13 |
| school treasurer as provided in Section 8-1. Upon the adoption | 14 |
| and passage
of such resolution and the election or appointment | 15 |
| by the school board of
its own school treasurer: (1) the | 16 |
| trustees of schools in such township
shall no longer have or | 17 |
| exercise any powers and duties with respect to the
school | 18 |
| district governed by such school board or with respect to the | 19 |
| school
business, operations or assets of such school district; | 20 |
| and (2) all books
and
records of the township trustees relating | 21 |
| to the school business and
affairs of such school district | 22 |
| shall be transferred and delivered to the
school board of such | 23 |
| school district. Upon the effective date of this
amendatory Act | 24 |
| of 1993, the legal title to, and all right, title
and interest
| 25 |
| formerly held by the township trustees in any school buildings | 26 |
| and
school sites
used and occupied by the school board of such | 27 |
| school district for school
purposes, that legal title, right, | 28 |
| title and interest thereafter having
been transferred to and | 29 |
| vested in the regional
board
of school trustees under P.A. | 30 |
| 87-473 until the abolition of that regional
board of school | 31 |
| trustees by P.A. 87-969, shall be deemed transferred by
| 32 |
| operation of law to and shall vest in the school board of that | 33 |
| school
district.
| 34 |
| Notwithstanding subsections (a) and (c), the school boards | 35 |
| of Oak Park & River Forest District 200, Oak Park Elementary | 36 |
| School District 97, and River Forest School District 90 may, by |
|
|
|
SB0380 Enrolled |
- 17 - |
LRB094 09889 NHT 40147 b |
|
| 1 |
| proper resolution, withdraw from the jurisdiction and | 2 |
| authority of the trustees of schools of Proviso and Cicero | 3 |
| Townships and the township treasurer, provided that the school | 4 |
| board shall, upon the adoption and passage of the resolution, | 5 |
| elect or appoint its own school treasurer as provided in | 6 |
| Section 8-1 of this Code. Upon the adoption and passage of the | 7 |
| resolution and the election or appointment by the school board | 8 |
| of its own school treasurer: (1) the trustees of schools in the | 9 |
| township or townships shall no longer have or exercise any | 10 |
| powers or duties with respect to the school district or with | 11 |
| respect to the school business, operations, or assets of the | 12 |
| school district; (2) all books and records of the trustees of | 13 |
| schools and all moneys, securities, loanable funds, and other | 14 |
| assets relating to the school business and affairs of the | 15 |
| school district shall be transferred and delivered to the | 16 |
| school board; and (3) all legal title to and all right, title, | 17 |
| and interest formerly held by the trustees of schools in any | 18 |
| common school lands, school buildings, or school sites used and | 19 |
| occupied by the school board and all rights of property and | 20 |
| causes of action pertaining to or constituting a part of the | 21 |
| common school lands, buildings, or sites shall be deemed | 22 |
| transferred by operation of law to and shall vest in the school | 23 |
| board.
| 24 |
| (c) Notwithstanding the provisions of subsection (a), the | 25 |
| offices of
township treasurer and trustee of schools of any | 26 |
| township located in a Class
II county school unit shall be | 27 |
| abolished as provided in this subsection
if all of the | 28 |
| following conditions are met:
| 29 |
| (1) During the same 30 day period, each school board of | 30 |
| each
elementary and unit school district that is subject to | 31 |
| the jurisdiction and
authority of the township treasurer | 32 |
| and trustees of schools of the township
in which those | 33 |
| offices are sought to be abolished gives written notice by
| 34 |
| certified mail, return receipt requested to the township | 35 |
| treasurer and
trustees of schools of that township of the | 36 |
| date of a meeting of the school
board, to be held not more |
|
|
|
SB0380 Enrolled |
- 18 - |
LRB094 09889 NHT 40147 b |
|
| 1 |
| than 90 nor less than 60 days after the date
when the | 2 |
| notice is given, at which meeting the school board is to | 3 |
| consider
and vote upon the question of whether there shall | 4 |
| be submitted to the
electors of the school district a | 5 |
| proposition to abolish the offices of
township treasurer | 6 |
| and trustee of schools of that township. None of the
| 7 |
| notices given under this paragraph to the township | 8 |
| treasurer and trustees
of schools of a township shall be | 9 |
| deemed sufficient or in compliance with
the requirements of | 10 |
| this paragraph unless all of those notices are given
within | 11 |
| the same 30 day period.
| 12 |
| (2) Each school board of each elementary and unit | 13 |
| school district that
is subject to the jurisdiction and | 14 |
| authority of the township treasurer and
trustees of schools | 15 |
| of the township in which those offices are sought to
be | 16 |
| abolished, by the affirmative vote of at least 5 members of | 17 |
| the school
board at a school board meeting of which notice | 18 |
| is given as required by
paragraph (1) of this subsection, | 19 |
| adopts a resolution requiring the
secretary of the school | 20 |
| board to certify to the proper election authorities
for | 21 |
| submission to the electors of the school district at the | 22 |
| next
consolidated election in accordance with the general
| 23 |
| election law a
proposition to abolish the offices of | 24 |
| township treasurer and trustee of
schools of that township. | 25 |
| None of the resolutions adopted under this
paragraph by any | 26 |
| elementary or unit school districts that are subject to
the | 27 |
| jurisdiction and authority of the township treasurer and | 28 |
| trustees of
schools of the township in which those offices | 29 |
| are sought to be abolished
shall be deemed in compliance | 30 |
| with the requirements of this paragraph or
sufficient to | 31 |
| authorize submission of the proposition to abolish those
| 32 |
| offices to a referendum of the electors in any such school | 33 |
| district unless
all of the school boards of all of the | 34 |
| elementary and unit school districts
that are subject to | 35 |
| the jurisdiction and authority of the township
treasurer | 36 |
| and trustees of schools of that township adopt such a |
|
|
|
SB0380 Enrolled |
- 19 - |
LRB094 09889 NHT 40147 b |
|
| 1 |
| resolution
in accordance with the provisions of this | 2 |
| paragraph.
| 3 |
| (3) The school boards of all of the elementary and unit | 4 |
| school
districts that are subject to the jurisdiction and | 5 |
| authority of the
township treasurer and trustees of schools | 6 |
| of the township in which those
offices are sought to be | 7 |
| abolished submit a proposition to abolish the
offices of | 8 |
| township treasurer and trustee of schools of that township | 9 |
| to
the electors of their respective school districts at the | 10 |
| same consolidated
election in accordance with the general | 11 |
| election law, the ballot in each
such district to be in | 12 |
| substantially the following form:
| 13 |
| -------------------------------------------------------------
| 14 |
| OFFICIAL BALLOT
| 15 |
| Shall the offices of township
| 16 |
| treasurer and YES
| 17 |
| trustee of -----------------
| 18 |
| schools of Township ..... NO
| 19 |
| Range ..... be abolished?
| 20 |
| -------------------------------------------------------------
| 21 |
| (4) At the consolidated election at which the
| 22 |
| proposition to abolish
the offices of township treasurer | 23 |
| and trustee of schools of a township is
submitted to the | 24 |
| electors of each elementary and unit school district that
| 25 |
| is subject to the jurisdiction and authority of the | 26 |
| township treasurer and
trustee of schools of that township, | 27 |
| a majority of the electors voting on
the proposition in | 28 |
| each such elementary and unit school district votes in
| 29 |
| favor of the proposition as submitted to them.
| 30 |
| If in each elementary and unit school district that is | 31 |
| subject to the
jurisdiction and authority of the township | 32 |
| treasurer and trustees of
schools of the township in which | 33 |
| those offices are sought to be abolished a
majority of the | 34 |
| electors in each such district voting at the consolidated
| 35 |
| election on the proposition to abolish the offices of township | 36 |
| treasurer
and trustee of schools of that township votes in |
|
|
|
SB0380 Enrolled |
- 20 - |
LRB094 09889 NHT 40147 b |
|
| 1 |
| favor of the proposition
as submitted to them, the proposition | 2 |
| shall be deemed to have passed; but
if in any such elementary | 3 |
| or unit school district a majority of the
electors voting on | 4 |
| that proposition in that district fails to vote in favor
of the | 5 |
| proposition as submitted to them, then notwithstanding the vote | 6 |
| of
the electors in any other such elementary or unit school | 7 |
| district on that
proposition the proposition shall not be | 8 |
| deemed to have passed in any of
those elementary or unit school | 9 |
| districts, and the offices of township
treasurer and trustee of | 10 |
| schools of the township in which those offices
were sought to | 11 |
| be abolished shall not be abolished, unless in each of those
| 12 |
| elementary and unit school districts remaining subject to the | 13 |
| jurisdiction
and authority of the township treasurer and | 14 |
| trustees of schools of that
township proceedings are again | 15 |
| initiated to abolish those offices and all
of the proceedings | 16 |
| and conditions prescribed in paragraphs (1) through (4)
of this | 17 |
| subsection are repeated and met in each of those elementary and
| 18 |
| unit school districts.
| 19 |
| Notwithstanding the foregoing provisions of this Section | 20 |
| or any other
provision of the School Code, the offices of | 21 |
| township treasurer and trustee of
schools of a township that | 22 |
| has a population of less than 200,000 and that
contains a unit | 23 |
| school district and is located in a Class II county school unit
| 24 |
| shall also be
abolished as provided in this subsection if all | 25 |
| of the conditions set forth in
paragraphs (1), (2), and (3) of | 26 |
| this subsection are met
and if the following additional | 27 |
| condition is met:
| 28 |
| The electors in all of the school districts subject to | 29 |
| the jurisdiction and
authority of the township treasurer | 30 |
| and trustees of schools of the township in
which those | 31 |
| offices are sought to be abolished shall vote at the
| 32 |
| consolidated
election on the proposition to abolish the | 33 |
| offices of township treasurer and
trustee of schools of | 34 |
| that township. If a majority of the electors in all of
the | 35 |
| school districts combined voting on the proposition vote in | 36 |
| favor of the
proposition, then the proposition shall be |
|
|
|
SB0380 Enrolled |
- 21 - |
LRB094 09889 NHT 40147 b |
|
| 1 |
| deemed to have passed; but if a
majority of the electors | 2 |
| voting on the proposition in all of the school
district | 3 |
| fails to vote in favor of the proposition as submitted to | 4 |
| them, then
the proposition shall not be deemed to have | 5 |
| passed and the offices of township
treasurer and trustee of | 6 |
| schools of the township in which those offices were
sought | 7 |
| to be abolished shall not be abolished, unless and until | 8 |
| the proceedings
detailed in paragraphs (1) through (3) of | 9 |
| this subsection and the conditions
set forth in this | 10 |
| paragraph are met.
| 11 |
| If the proposition to abolish the offices of township | 12 |
| treasurer and
trustee of schools of a township is deemed to | 13 |
| have passed at the
consolidated election as provided in this | 14 |
| subsection,
those offices shall be
deemed abolished by | 15 |
| operation of law effective on January 1
of the
calendar year | 16 |
| immediately following the calendar year in which that
| 17 |
| consolidated election is held, provided that if after the
| 18 |
| election, the trustees of schools by resolution elect to | 19 |
| abolish the offices of
township treasurer and trustee of | 20 |
| schools effective on July 1 immediately
following the election, | 21 |
| then the offices shall be abolished on July 1
immediately | 22 |
| following the election.
On the date that
the offices of | 23 |
| township treasurer and trustee of schools of a
township are | 24 |
| deemed abolished by operation of law, the school board of each
| 25 |
| elementary and unit school district and the school board of | 26 |
| each high
school district that is subject to the jurisdiction | 27 |
| and authority of the
township treasurer and trustees of schools | 28 |
| of that township at the time
those offices are abolished: (i) | 29 |
| shall appoint its own school treasurer as
provided in Section | 30 |
| 8-1; and (ii) unless the term of the contract of a
township | 31 |
| treasurer expires on the date that the office of township
| 32 |
| treasurer is abolished, shall pay to the former township | 33 |
| treasurer its
proportionate share of any aggregate | 34 |
| compensation that, were the office of
township treasurer not | 35 |
| abolished at that time, would
have been payable to the former | 36 |
| township treasurer after that date over the
remainder of the |
|
|
|
SB0380 Enrolled |
- 22 - |
LRB094 09889 NHT 40147 b |
|
| 1 |
| term of the contract of the former township treasurer that
| 2 |
| began prior to but ends after that date. In addition, on the | 3 |
| date that the offices of township treasurer and trustee of
| 4 |
| schools of a township are deemed abolished as provided in this | 5 |
| subsection,
the school board of each elementary school, high | 6 |
| school and unit school
district that until that date is subject | 7 |
| to the jurisdiction and authority
of the township treasurer and | 8 |
| trustees of schools of that township shall be
deemed by | 9 |
| operation of law to have agreed and assumed to pay and, when
| 10 |
| determined, shall pay to the Illinois Municipal Retirement
Fund | 11 |
| a proportionate share of the unfunded liability existing in | 12 |
| that Fund
at the time these offices are abolished in that
| 13 |
| calendar year for all annuities or other benefits then or
| 14 |
| thereafter to become payable from that Fund with respect to all | 15 |
| periods of
service performed prior to that date as a | 16 |
| participating employee in that
Fund by persons serving during | 17 |
| those periods of service as a trustee of
schools, township | 18 |
| treasurer or regular employee in the office of the
township | 19 |
| treasurer of that township. That unfunded liability shall be
| 20 |
| actuarially determined by the board of trustees of the Illinois | 21 |
| Municipal
Retirement Fund, and the board of trustees shall | 22 |
| thereupon notify each
school board required to pay a | 23 |
| proportionate share of that unfunded
liability of the aggregate | 24 |
| amount of the unfunded liability so determined.
The amount so | 25 |
| paid to the Illinois Municipal Retirement Fund by each of
those | 26 |
| school districts shall be credited to the account of the | 27 |
| township in
that Fund. For each elementary school, high school | 28 |
| and unit school district
under the jurisdiction and authority | 29 |
| of a township treasurer and trustees
of schools of a township | 30 |
| in which those offices are abolished as provided
in this | 31 |
| subsection, each such district's proportionate share of the
| 32 |
| aggregate compensation payable to the former township | 33 |
| treasurer as provided
in this paragraph and each such | 34 |
| district's proportionate share of the
aggregate amount of the | 35 |
| unfunded liability payable to the Illinois
Municipal | 36 |
| Retirement Fund as provided in this paragraph shall be computed
|
|
|
|
SB0380 Enrolled |
- 23 - |
LRB094 09889 NHT 40147 b |
|
| 1 |
| in accordance with the ratio that the number of pupils in | 2 |
| average daily
attendance in each such district as reported in | 3 |
| schedules prepared under
Section 24-19 for the school year last | 4 |
| ending prior to the date on which
the offices of township | 5 |
| treasurer and trustee of schools of that township
are abolished | 6 |
| bears to the aggregate number of pupils in average daily
| 7 |
| attendance in all of those districts as so reported for that | 8 |
| school year.
| 9 |
| Upon abolition of the offices of township treasurer and | 10 |
| trustee of
schools of a township as provided in this | 11 |
| subsection: (i) the regional
board of school trustees, in its | 12 |
| corporate capacity, shall be deemed the
successor in interest | 13 |
| to the former trustees of schools of that township
with respect | 14 |
| to the common school lands and township loanable funds of the
| 15 |
| township; (ii) all right, title and interest existing or vested | 16 |
| in the
former trustees of schools of that township in the | 17 |
| common school lands and
township loanable funds of the | 18 |
| township, and all records, moneys,
securities and other assets, | 19 |
| rights of property and causes of action
pertaining to or | 20 |
| constituting a part of those common school lands or
township | 21 |
| loanable funds, shall be transferred to and deemed vested by
| 22 |
| operation of law in the regional board of school trustees, | 23 |
| which shall hold
legal title to, manage and operate all common | 24 |
| school lands and township
loanable funds of the township, | 25 |
| receive the rents, issues and profits
therefrom, and have and | 26 |
| exercise with respect thereto the same powers and
duties as are | 27 |
| provided by this Code to be exercised by regional boards of
| 28 |
| school trustees when acting as township land commissioners in | 29 |
| counties
having at least 220,000 but fewer than 2,000,000 | 30 |
| inhabitants; (iii) the
regional board of school trustees shall | 31 |
| select to serve as its treasurer
with respect to the common | 32 |
| school lands and township loanable funds of the
township a | 33 |
| person from time to time also serving as the appointed school
| 34 |
| treasurer of any school district that was subject to the | 35 |
| jurisdiction and
authority of the township treasurer and | 36 |
| trustees of schools of that
township at the time those offices |
|
|
|
SB0380 Enrolled |
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LRB094 09889 NHT 40147 b |
|
| 1 |
| were abolished, and the person selected
to also serve as | 2 |
| treasurer of the regional board of school trustees shall
have | 3 |
| his compensation for services in that capacity fixed by the | 4 |
| regional
board of school trustees, to be paid from the township | 5 |
| loanable funds, and
shall make to the regional board of school | 6 |
| trustees the reports required to be
made by treasurers of | 7 |
| township land commissioners, give bond as required by
| 8 |
| treasurers of township land commissioners, and perform the | 9 |
| duties and
exercise the powers of treasurers of township land | 10 |
| commissioners; (iv) the
regional board of school trustees shall | 11 |
| designate in the manner provided by
Section 8-7, insofar as | 12 |
| applicable, a depositary for its treasurer, and the
proceeds of | 13 |
| all rents, issues and profits from the common school lands and
| 14 |
| township loanable funds of that township shall be deposited and | 15 |
| held in the
account maintained for those purposes with that | 16 |
| depositary and shall be
expended and distributed therefrom as | 17 |
| provided in Section 15-24 and other
applicable provisions of | 18 |
| this Code; and (v) whenever there is vested in the
trustees of | 19 |
| schools of a township at the time that office is abolished
| 20 |
| under this subsection the legal title to any school buildings | 21 |
| or school
sites used or occupied for school purposes by any | 22 |
| elementary school, high
school or unit school district subject | 23 |
| to the jurisdiction and authority of
those trustees of school | 24 |
| at the time that office is abolished, the legal
title to those | 25 |
| school buildings and school sites shall be deemed
transferred | 26 |
| by operation of law to and invested in the
school board of that | 27 |
| school district, in its corporate
capacity Section 7-28, the
| 28 |
| same to be held, sold, exchanged leased or otherwise | 29 |
| transferred in
accordance with applicable provisions of this | 30 |
| Code.
| 31 |
| Notwithstanding Section 2-3.25g of this Code, a waiver of a | 32 |
| mandate
established under this Section may not be requested.
| 33 |
| (Source: P.A. 91-269, eff. 7-23-99; 92-448, eff. 8-21-01 .)
| 34 |
| (105 ILCS 5/17-9.02 new) | 35 |
| Sec. 17-9.02. Supplemental tax levy for Ford Heights School |
|
|
|
SB0380 Enrolled |
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LRB094 09889 NHT 40147 b |
|
| 1 |
| District 169. | 2 |
| (a) Notwithstanding any other provisions of this Article | 3 |
| and in addition to the methods provided by other Sections of | 4 |
| this Article for increasing the rate of tax levied for any | 5 |
| school purpose, Ford Heights School District 169 may levy a | 6 |
| supplemental tax for the 2006, 2007, and 2008 taxable years. | 7 |
| (b) The supplemental tax authorized by this Section is | 8 |
| levied upon all the taxable property of the school district at | 9 |
| its value as equalized or assessed by the Department of Revenue | 10 |
| for each of the years in which the levy is made. The | 11 |
| supplemental tax is in addition to all other taxes that the | 12 |
| district may levy for any school purpose for the years in which | 13 |
| the levy is made. | 14 |
| (c) For each year that it is levied, the supplemental tax | 15 |
| must be levied at a rate not exceeding that which, when applied | 16 |
| to the equalized assessed value of all taxable property in the | 17 |
| district for that year in which the levy is made, is sufficient | 18 |
| to yield that amount of tax revenue that is equal to $1,067,000 | 19 |
| for a total of $3,201,000 for all taxable years that the tax is | 20 |
| levied. | 21 |
| (d) The supplemental tax authorized by this Section must be | 22 |
| levied by proper resolution of the school board and without | 23 |
| referendum. A certified copy of the resolution levying the | 24 |
| supplemental tax, signed by the president and clerk or | 25 |
| secretary of the school board, must be filed in the office of | 26 |
| the county clerk, and it is, then, the duty of the county clerk | 27 |
| to extend the supplemental tax. The supplemental tax must be | 28 |
| extended and collected in like manner as all other taxes of the | 29 |
| school district, but the supplemental tax must be separately | 30 |
| identified by the collectors. | 31 |
| (e) Ford Heights School District 169 may use the proceeds | 32 |
| from the supplemental tax for any purpose for which the | 33 |
| district is authorized to make expenditures.
| 34 |
| (105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
| 35 |
| Sec. 19-1. Debt limitations of school districts.
|
|
|
|
SB0380 Enrolled |
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LRB094 09889 NHT 40147 b |
|
| 1 |
| (a) School districts shall not be subject to the provisions | 2 |
| limiting their
indebtedness prescribed in "An Act to limit the | 3 |
| indebtedness of counties having
a population of less than | 4 |
| 500,000 and townships, school districts and other
municipal | 5 |
| corporations having a population of less than 300,000", | 6 |
| approved
February 15, 1928, as amended.
| 7 |
| No school districts maintaining grades K through 8 or 9 | 8 |
| through 12
shall become indebted in any manner or for any | 9 |
| purpose to an amount,
including existing indebtedness, in the | 10 |
| aggregate exceeding 6.9% on the
value of the taxable property | 11 |
| therein to be ascertained by the last assessment
for State and | 12 |
| county taxes or, until January 1, 1983, if greater, the sum | 13 |
| that
is produced by multiplying the school district's 1978 | 14 |
| equalized assessed
valuation by the debt limitation percentage | 15 |
| in effect on January 1, 1979,
previous to the incurring of such | 16 |
| indebtedness.
| 17 |
| No school districts maintaining grades K through 12 shall | 18 |
| become
indebted in any manner or for any purpose to an amount, | 19 |
| including
existing indebtedness, in the aggregate exceeding | 20 |
| 13.8% on the value of
the taxable property therein to be | 21 |
| ascertained by the last assessment
for State and county taxes | 22 |
| or, until January 1, 1983, if greater, the sum that
is produced | 23 |
| by multiplying the school district's 1978 equalized assessed
| 24 |
| valuation by the debt limitation percentage in effect on | 25 |
| January 1, 1979,
previous to the incurring of such | 26 |
| indebtedness.
| 27 |
| No partial elementary unit district, as defined in Article | 28 |
| 11E of this Code, shall become indebted in any manner or for | 29 |
| any purpose in an amount, including existing indebtedness, in | 30 |
| the aggregate exceeding 6.9% of the value of the taxable | 31 |
| property of the entire district, to be ascertained by the last | 32 |
| assessment for State and county taxes, plus an amount, | 33 |
| including existing indebtedness, in the aggregate exceeding | 34 |
| 6.9% of the value of the taxable property of that portion of | 35 |
| the district included in the elementary and high school | 36 |
| classification, to be ascertained by the last assessment for |
|
|
|
SB0380 Enrolled |
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LRB094 09889 NHT 40147 b |
|
| 1 |
| State and county taxes. Moreover, no partial elementary unit | 2 |
| district, as defined in Article 11E of this Code, shall become | 3 |
| indebted on account of bonds issued by the district for high | 4 |
| school purposes in the aggregate exceeding 6.9% of the value of | 5 |
| the taxable property of the entire district, to be ascertained | 6 |
| by the last assessment for State and county taxes, nor shall | 7 |
| the district become indebted on account of bonds issued by the | 8 |
| district for elementary purposes in the aggregate exceeding | 9 |
| 6.9% of the value of the taxable property for that portion of | 10 |
| the district included in the elementary and high school | 11 |
| classification, to be ascertained by the last assessment for | 12 |
| State and county taxes.
| 13 |
| Notwithstanding the provisions of any other law to the | 14 |
| contrary, in any
case in which the voters of a school district | 15 |
| have approved a proposition
for the issuance of bonds of such | 16 |
| school district at an election held prior
to January 1, 1979, | 17 |
| and all of the bonds approved at such election have
not been | 18 |
| issued, the debt limitation applicable to such school district
| 19 |
| during the calendar year 1979 shall be computed by multiplying | 20 |
| the value
of taxable property therein, including personal | 21 |
| property, as ascertained
by the last assessment for State and | 22 |
| county taxes, previous to the incurring
of such indebtedness, | 23 |
| by the percentage limitation applicable to such school
district | 24 |
| under the provisions of this subsection (a).
| 25 |
| (b) Notwithstanding the debt limitation prescribed in | 26 |
| subsection (a)
of this Section, additional indebtedness may be | 27 |
| incurred in an amount
not to exceed the estimated cost of | 28 |
| acquiring or improving school sites
or constructing and | 29 |
| equipping additional building facilities under the
following | 30 |
| conditions:
| 31 |
| (1) Whenever the enrollment of students for the next | 32 |
| school year is
estimated by the board of education to | 33 |
| increase over the actual present
enrollment by not less | 34 |
| than 35% or by not less than 200 students or the
actual | 35 |
| present enrollment of students has increased over the | 36 |
| previous
school year by not less than 35% or by not less |
|
|
|
SB0380 Enrolled |
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LRB094 09889 NHT 40147 b |
|
| 1 |
| than 200 students and
the board of education determines | 2 |
| that additional school sites or
building facilities are | 3 |
| required as a result of such increase in
enrollment; and
| 4 |
| (2) When the Regional Superintendent of Schools having | 5 |
| jurisdiction
over the school district and the State | 6 |
| Superintendent of Education
concur in such enrollment | 7 |
| projection or increase and approve the need
for such | 8 |
| additional school sites or building facilities and the
| 9 |
| estimated cost thereof; and
| 10 |
| (3) When the voters in the school district approve a | 11 |
| proposition for
the issuance of bonds for the purpose of | 12 |
| acquiring or improving such
needed school sites or | 13 |
| constructing and equipping such needed additional
building | 14 |
| facilities at an election called and held for that purpose.
| 15 |
| Notice of such an election shall state that the amount of | 16 |
| indebtedness
proposed to be incurred would exceed the debt | 17 |
| limitation otherwise
applicable to the school district. | 18 |
| The ballot for such proposition
shall state what percentage | 19 |
| of the equalized assessed valuation will be
outstanding in | 20 |
| bonds if the proposed issuance of bonds is approved by
the | 21 |
| voters; or
| 22 |
| (4) Notwithstanding the provisions of paragraphs (1) | 23 |
| through (3) of
this subsection (b), if the school board | 24 |
| determines that additional
facilities are needed to | 25 |
| provide a quality educational program and not
less than 2/3 | 26 |
| of those voting in an election called by the school board
| 27 |
| on the question approve the issuance of bonds for the | 28 |
| construction of
such facilities, the school district may | 29 |
| issue bonds for this
purpose; or
| 30 |
| (5) Notwithstanding the provisions of paragraphs (1) | 31 |
| through (3) of this
subsection (b), if (i) the school | 32 |
| district has previously availed itself of the
provisions of | 33 |
| paragraph (4) of this subsection (b) to enable it to issue | 34 |
| bonds,
(ii) the voters of the school district have not | 35 |
| defeated a proposition for the
issuance of bonds since the | 36 |
| referendum described in paragraph (4) of this
subsection |
|
|
|
SB0380 Enrolled |
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LRB094 09889 NHT 40147 b |
|
| 1 |
| (b) was held, (iii) the school board determines that | 2 |
| additional
facilities are needed to provide a quality | 3 |
| educational program, and (iv) a
majority of those voting in | 4 |
| an election called by the school board on the
question | 5 |
| approve the issuance of bonds for the construction of such | 6 |
| facilities,
the school district may issue bonds for this | 7 |
| purpose.
| 8 |
| In no event shall the indebtedness incurred pursuant to | 9 |
| this
subsection (b) and the existing indebtedness of the school | 10 |
| district
exceed 15% of the value of the taxable property | 11 |
| therein to be
ascertained by the last assessment for State and | 12 |
| county taxes, previous
to the incurring of such indebtedness | 13 |
| or, until January 1, 1983, if greater,
the sum that is produced | 14 |
| by multiplying the school district's 1978 equalized
assessed | 15 |
| valuation by the debt limitation percentage in effect on | 16 |
| January 1,
1979.
| 17 |
| The indebtedness provided for by this subsection (b) shall | 18 |
| be in
addition to and in excess of any other debt limitation.
| 19 |
| (c) Notwithstanding the debt limitation prescribed in | 20 |
| subsection (a)
of this Section, in any case in which a public | 21 |
| question for the issuance
of bonds of a proposed school | 22 |
| district maintaining grades kindergarten
through 12 received | 23 |
| at least 60% of the valid ballots cast on the question at
an | 24 |
| election held on or prior to November 8, 1994, and in which the | 25 |
| bonds
approved at such election have not been issued, the | 26 |
| school district pursuant to
the requirements of Section 11A-10 | 27 |
| (now repealed) may issue the total amount of bonds approved
at | 28 |
| such election for the purpose stated in the question.
| 29 |
| (d) Notwithstanding the debt limitation prescribed in | 30 |
| subsection (a)
of this Section, a school district that meets | 31 |
| all the criteria set forth in
paragraphs (1) and (2) of this | 32 |
| subsection (d) may incur an additional
indebtedness in an | 33 |
| amount not to exceed $4,500,000, even though the amount of
the | 34 |
| additional indebtedness authorized by this subsection (d), | 35 |
| when incurred
and added to the aggregate amount of indebtedness | 36 |
| of the district existing
immediately prior to the district |
|
|
|
SB0380 Enrolled |
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LRB094 09889 NHT 40147 b |
|
| 1 |
| incurring the additional indebtedness
authorized by this | 2 |
| subsection (d), causes the aggregate indebtedness of the
| 3 |
| district to exceed the debt limitation otherwise applicable to | 4 |
| that district
under subsection (a):
| 5 |
| (1) The additional indebtedness authorized by this | 6 |
| subsection (d) is
incurred by the school district through | 7 |
| the issuance of bonds under and in
accordance with Section | 8 |
| 17-2.11a for the purpose of replacing a school
building | 9 |
| which, because of mine subsidence damage, has been closed | 10 |
| as provided
in paragraph (2) of this subsection (d) or | 11 |
| through the issuance of bonds under
and in accordance with | 12 |
| Section 19-3 for the purpose of increasing the size of,
or | 13 |
| providing for additional functions in, such replacement | 14 |
| school buildings, or
both such purposes.
| 15 |
| (2) The bonds issued by the school district as provided | 16 |
| in paragraph (1)
above are issued for the purposes of | 17 |
| construction by the school district of
a new school | 18 |
| building pursuant to Section 17-2.11, to replace an | 19 |
| existing
school building that, because of mine subsidence | 20 |
| damage, is closed as of the
end of the 1992-93 school year | 21 |
| pursuant to action of the regional
superintendent of | 22 |
| schools of the educational service region in which the
| 23 |
| district is located under Section 3-14.22 or are issued for | 24 |
| the purpose of
increasing the size of, or providing for | 25 |
| additional functions in, the new
school building being | 26 |
| constructed to replace a school building closed as the
| 27 |
| result of mine subsidence damage, or both such purposes.
| 28 |
| (e) (Blank).
| 29 |
| (f) Notwithstanding the provisions of subsection (a) of | 30 |
| this Section or of
any other law, bonds in not to exceed the | 31 |
| aggregate amount of $5,500,000 and
issued by a school district | 32 |
| meeting the following criteria shall not be
considered | 33 |
| indebtedness for purposes of any statutory limitation and may | 34 |
| be
issued in an amount or amounts, including existing | 35 |
| indebtedness, in excess of
any heretofore or hereafter imposed | 36 |
| statutory limitation as to indebtedness:
|
|
|
|
SB0380 Enrolled |
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LRB094 09889 NHT 40147 b |
|
| 1 |
| (1) At the time of the sale of such bonds, the board of | 2 |
| education of the
district shall have determined by | 3 |
| resolution that the enrollment of students in
the district | 4 |
| is projected to increase by not less than 7% during each of | 5 |
| the
next succeeding 2 school years.
| 6 |
| (2) The board of education shall also determine by | 7 |
| resolution that the
improvements to be financed with the | 8 |
| proceeds of the bonds are needed because
of the projected | 9 |
| enrollment increases.
| 10 |
| (3) The board of education shall also determine by | 11 |
| resolution that the
projected increases in enrollment are | 12 |
| the result of improvements made or
expected to be made to | 13 |
| passenger rail facilities located in the school
district.
| 14 |
| Notwithstanding the provisions of subsection (a) of this | 15 |
| Section or of any other law, a school district that has availed | 16 |
| itself of the provisions of this subsection (f) prior to July | 17 |
| 22, 2004 (the effective date of Public Act 93-799) may also | 18 |
| issue bonds approved by referendum up to an amount, including | 19 |
| existing indebtedness, not exceeding 25% of the equalized | 20 |
| assessed value of the taxable property in the district if all | 21 |
| of the conditions set forth in items (1), (2), and (3) of this | 22 |
| subsection (f) are met.
| 23 |
| (g) Notwithstanding the provisions of subsection (a) of | 24 |
| this Section or any
other law, bonds in not to exceed an | 25 |
| aggregate amount of 25% of the equalized
assessed value of the | 26 |
| taxable property of a school district and issued by a
school | 27 |
| district meeting the criteria in paragraphs (i) through (iv) of | 28 |
| this
subsection shall not be considered indebtedness for | 29 |
| purposes of any statutory
limitation and may be issued pursuant | 30 |
| to resolution of the school board in an
amount or amounts, | 31 |
| including existing indebtedness, in
excess of any statutory | 32 |
| limitation of indebtedness heretofore or hereafter
imposed:
| 33 |
| (i) The bonds are issued for the purpose of | 34 |
| constructing a new high school
building to replace two | 35 |
| adjacent existing buildings which together house a
single | 36 |
| high school, each of which is more than 65 years old, and |
|
|
|
SB0380 Enrolled |
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LRB094 09889 NHT 40147 b |
|
| 1 |
| which together
are located on more than 10 acres and less | 2 |
| than 11 acres of property.
| 3 |
| (ii) At the time the resolution authorizing the | 4 |
| issuance of the bonds is
adopted, the cost of constructing | 5 |
| a new school building to replace the existing
school | 6 |
| building is less than 60% of the cost of repairing the | 7 |
| existing school
building.
| 8 |
| (iii) The sale of the bonds occurs before July 1, 1997.
| 9 |
| (iv) The school district issuing the bonds is a unit | 10 |
| school district
located in a county of less than 70,000 and | 11 |
| more than 50,000 inhabitants,
which has an average daily | 12 |
| attendance of less than 1,500 and an equalized
assessed | 13 |
| valuation of less than $29,000,000.
| 14 |
| (h) Notwithstanding any other provisions of this Section or | 15 |
| the
provisions of any other law, until January 1, 1998, a | 16 |
| community unit school
district maintaining grades K through 12 | 17 |
| may issue bonds up to an amount,
including existing | 18 |
| indebtedness, not exceeding 27.6% of the equalized assessed
| 19 |
| value of the taxable property in the district, if all of the | 20 |
| following
conditions are met:
| 21 |
| (i) The school district has an equalized assessed | 22 |
| valuation for calendar
year 1995 of less than $24,000,000;
| 23 |
| (ii) The bonds are issued for the capital improvement, | 24 |
| renovation,
rehabilitation, or replacement of existing | 25 |
| school buildings of the district,
all of which buildings | 26 |
| were originally constructed not less than 40 years ago;
| 27 |
| (iii) The voters of the district approve a proposition | 28 |
| for the issuance of
the bonds at a referendum held after | 29 |
| March 19, 1996; and
| 30 |
| (iv) The bonds are issued pursuant to Sections 19-2 | 31 |
| through 19-7 of this
Code.
| 32 |
| (i) Notwithstanding any other provisions of this Section or | 33 |
| the provisions
of any other law, until January 1, 1998, a | 34 |
| community unit school district
maintaining grades K through 12 | 35 |
| may issue bonds up to an amount, including
existing | 36 |
| indebtedness, not exceeding 27% of the equalized assessed value |
|
|
|
SB0380 Enrolled |
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LRB094 09889 NHT 40147 b |
|
| 1 |
| of the
taxable property in the district, if all of the | 2 |
| following conditions are met:
| 3 |
| (i) The school district has an equalized assessed | 4 |
| valuation for calendar
year 1995 of less than $44,600,000;
| 5 |
| (ii) The bonds are issued for the capital improvement, | 6 |
| renovation,
rehabilitation, or replacement
of existing | 7 |
| school buildings of the district, all of which
existing | 8 |
| buildings were originally constructed not less than 80 | 9 |
| years ago;
| 10 |
| (iii) The voters of the district approve a proposition | 11 |
| for the issuance of
the bonds at a referendum held after | 12 |
| December 31, 1996; and
| 13 |
| (iv) The bonds are issued pursuant to Sections 19-2 | 14 |
| through 19-7 of this
Code.
| 15 |
| (j) Notwithstanding any other provisions of this Section or | 16 |
| the
provisions of any other law, until January 1, 1999, a | 17 |
| community unit school
district maintaining grades K through 12 | 18 |
| may issue bonds up to an amount,
including existing | 19 |
| indebtedness, not exceeding 27% of the equalized assessed
value | 20 |
| of the taxable property in the district if all of the following
| 21 |
| conditions are met:
| 22 |
| (i) The school district has an equalized assessed | 23 |
| valuation for calendar
year 1995 of less than $140,000,000 | 24 |
| and a best 3 months
average daily
attendance for the | 25 |
| 1995-96 school year of at least 2,800;
| 26 |
| (ii) The bonds are issued to purchase a site and build | 27 |
| and equip a new
high school, and the school district's | 28 |
| existing high school was originally
constructed not less | 29 |
| than 35
years prior to the sale of the bonds;
| 30 |
| (iii) At the time of the sale of the bonds, the board | 31 |
| of education
determines
by resolution that a new high | 32 |
| school is needed because of projected enrollment
| 33 |
| increases;
| 34 |
| (iv) At least 60% of those voting in an election held
| 35 |
| after December 31, 1996 approve a proposition
for the | 36 |
| issuance of
the bonds; and
|
|
|
|
SB0380 Enrolled |
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LRB094 09889 NHT 40147 b |
|
| 1 |
| (v) The bonds are issued pursuant to Sections 19-2 | 2 |
| through
19-7 of this Code.
| 3 |
| (k) Notwithstanding the debt limitation prescribed in | 4 |
| subsection (a) of
this Section, a school district that meets | 5 |
| all the criteria set forth in
paragraphs (1) through (4) of | 6 |
| this subsection (k) may issue bonds to incur an
additional | 7 |
| indebtedness in an amount not to exceed $4,000,000 even though | 8 |
| the
amount of the additional indebtedness authorized by this | 9 |
| subsection (k), when
incurred and added to the aggregate amount | 10 |
| of indebtedness of the school
district existing immediately | 11 |
| prior to the school district incurring such
additional | 12 |
| indebtedness, causes the aggregate indebtedness of the school
| 13 |
| district to exceed or increases the amount by which the | 14 |
| aggregate indebtedness
of the district already exceeds the debt | 15 |
| limitation otherwise applicable to
that school district under | 16 |
| subsection (a):
| 17 |
| (1) the school district is located in 2 counties, and a | 18 |
| referendum to
authorize the additional indebtedness was | 19 |
| approved by a majority of the voters
of the school district | 20 |
| voting on the proposition to authorize that
indebtedness;
| 21 |
| (2) the additional indebtedness is for the purpose of | 22 |
| financing a
multi-purpose room addition to the existing | 23 |
| high school;
| 24 |
| (3) the additional indebtedness, together with the | 25 |
| existing indebtedness
of the school district, shall not | 26 |
| exceed 17.4% of the value of the taxable
property in the | 27 |
| school district, to be ascertained by the last assessment | 28 |
| for
State and county taxes; and
| 29 |
| (4) the bonds evidencing the additional indebtedness | 30 |
| are issued, if at
all, within 120 days of the effective | 31 |
| date of this amendatory Act of 1998.
| 32 |
| (l) Notwithstanding any other provisions of this Section or | 33 |
| the
provisions of any other law, until January 1, 2000, a | 34 |
| school district
maintaining grades kindergarten through 8 may | 35 |
| issue bonds up to an amount,
including existing indebtedness, | 36 |
| not exceeding 15% of the equalized assessed
value of the |
|
|
|
SB0380 Enrolled |
- 35 - |
LRB094 09889 NHT 40147 b |
|
| 1 |
| taxable property in the district if all of the following
| 2 |
| conditions are met:
| 3 |
| (i) the district has an equalized assessed valuation | 4 |
| for calendar year
1996 of less than $10,000,000;
| 5 |
| (ii) the bonds are issued for capital improvement, | 6 |
| renovation,
rehabilitation, or replacement of one or more | 7 |
| school buildings of the district,
which buildings were | 8 |
| originally constructed not less than 70 years ago;
| 9 |
| (iii) the voters of the district approve a proposition | 10 |
| for the issuance of
the bonds at a referendum held on or | 11 |
| after March 17, 1998; and
| 12 |
| (iv) the bonds are issued pursuant to Sections 19-2 | 13 |
| through 19-7 of this
Code.
| 14 |
| (m) Notwithstanding any other provisions of this Section or | 15 |
| the provisions
of
any other law, until January 1, 1999, an | 16 |
| elementary school district maintaining
grades K through 8 may | 17 |
| issue bonds up to an amount, excluding existing
indebtedness, | 18 |
| not exceeding 18% of the equalized assessed value of the | 19 |
| taxable
property in the district, if all of the following | 20 |
| conditions are met:
| 21 |
| (i) The school district has an equalized assessed | 22 |
| valuation for calendar
year 1995 or less than $7,700,000;
| 23 |
| (ii) The school district operates 2 elementary | 24 |
| attendance centers that
until
1976 were operated as the | 25 |
| attendance centers of 2 separate and distinct school
| 26 |
| districts;
| 27 |
| (iii) The bonds are issued for the construction of a | 28 |
| new elementary school
building to replace an existing | 29 |
| multi-level elementary school building of the
school | 30 |
| district that is not handicapped accessible at all levels | 31 |
| and parts of
which were constructed more than 75 years ago;
| 32 |
| (iv) The voters of the school district approve a | 33 |
| proposition for the
issuance of the bonds at a referendum | 34 |
| held after July 1, 1998; and
| 35 |
| (v) The bonds are issued pursuant to Sections 19-2 | 36 |
| through 19-7 of this
Code.
|
|
|
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| (n) Notwithstanding the debt limitation prescribed in | 2 |
| subsection (a) of
this Section or any other provisions of this | 3 |
| Section or of any other law, a
school district that meets all | 4 |
| of the criteria set forth in paragraphs (i)
through (vi) of | 5 |
| this subsection (n) may incur additional indebtedness by the
| 6 |
| issuance of bonds in an amount not exceeding the amount | 7 |
| certified by the
Capital Development Board to the school | 8 |
| district as provided in paragraph (iii)
of
this subsection (n), | 9 |
| even though the amount of the additional indebtedness so
| 10 |
| authorized, when incurred and added to the aggregate amount of | 11 |
| indebtedness of
the district existing immediately prior to the | 12 |
| district incurring the
additional indebtedness authorized by | 13 |
| this subsection (n), causes the aggregate
indebtedness of the | 14 |
| district to exceed the debt limitation otherwise applicable
by | 15 |
| law to that district:
| 16 |
| (i) The school district applies to the State Board of | 17 |
| Education for a
school construction project grant and | 18 |
| submits a district facilities plan in
support
of its | 19 |
| application pursuant to Section 5-20 of
the School | 20 |
| Construction Law.
| 21 |
| (ii) The school district's application and facilities | 22 |
| plan are approved
by,
and the district receives a grant | 23 |
| entitlement for a school construction project
issued by, | 24 |
| the State Board of Education under the School Construction | 25 |
| Law.
| 26 |
| (iii) The school district has exhausted its bonding | 27 |
| capacity or the unused
bonding capacity of the district is | 28 |
| less than the amount certified by the
Capital Development | 29 |
| Board to the district under Section 5-15 of the School
| 30 |
| Construction Law as the dollar amount of the school | 31 |
| construction project's cost
that the district will be | 32 |
| required to finance with non-grant funds in order to
| 33 |
| receive a school construction project grant under the | 34 |
| School Construction Law.
| 35 |
| (iv) The bonds are issued for a "school construction | 36 |
| project", as that
term is defined in Section 5-5 of the |
|
|
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| School Construction Law, in an amount
that does not exceed | 2 |
| the dollar amount certified, as provided in paragraph
(iii) | 3 |
| of this subsection (n), by the Capital Development Board
to | 4 |
| the school
district under Section 5-15 of the School | 5 |
| Construction Law.
| 6 |
| (v) The voters of the district approve a proposition | 7 |
| for the issuance of
the bonds at a referendum held after | 8 |
| the criteria specified in paragraphs (i)
and (iii) of this | 9 |
| subsection (n) are met.
| 10 |
| (vi) The bonds are issued pursuant to Sections 19-2 | 11 |
| through 19-7 of the
School Code.
| 12 |
| (o) Notwithstanding any other provisions of this Section or | 13 |
| the
provisions of any other law, until November 1, 2007, a | 14 |
| community unit
school district maintaining grades K through 12 | 15 |
| may issue bonds up to
an amount, including existing | 16 |
| indebtedness, not exceeding 20% of the
equalized assessed value | 17 |
| of the taxable property in the district if all of the
following | 18 |
| conditions are met:
| 19 |
| (i) the school district has an equalized assessed | 20 |
| valuation
for calendar year 2001 of at least $737,000,000 | 21 |
| and an enrollment
for the 2002-2003 school year of at least | 22 |
| 8,500;
| 23 |
| (ii) the bonds are issued to purchase school sites, | 24 |
| build and
equip a new high school, build and equip a new | 25 |
| junior high school,
build and equip 5 new elementary | 26 |
| schools, and make technology
and other improvements and | 27 |
| additions to existing schools;
| 28 |
| (iii) at the time of the sale of the bonds, the board | 29 |
| of
education determines by resolution that the sites and | 30 |
| new or
improved facilities are needed because of projected | 31 |
| enrollment
increases;
| 32 |
| (iv) at least 57% of those voting in a general election | 33 |
| held
prior to January 1, 2003 approved a proposition for | 34 |
| the issuance of
the bonds; and
| 35 |
| (v) the bonds are issued pursuant to Sections 19-2 | 36 |
| through
19-7 of this Code.
|
|
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| (p) Notwithstanding any other provisions of this Section or | 2 |
| the provisions of any other law, a community unit school | 3 |
| district maintaining grades K through 12 may issue bonds up to | 4 |
| an amount, including indebtedness, not exceeding 27% of the | 5 |
| equalized assessed value of the taxable property in the | 6 |
| district if all of the following conditions are met: | 7 |
| (i) The school district has an equalized assessed | 8 |
| valuation for calendar year 2001 of at least $295,741,187 | 9 |
| and a best 3 months' average daily attendance for the | 10 |
| 2002-2003 school year of at least 2,394. | 11 |
| (ii) The bonds are issued to build and equip 3 | 12 |
| elementary school buildings; build and equip one middle | 13 |
| school building; and alter, repair, improve, and equip all | 14 |
| existing school buildings in the district. | 15 |
| (iii) At the time of the sale of the bonds, the board | 16 |
| of education determines by resolution that the project is | 17 |
| needed because of expanding growth in the school district | 18 |
| and a projected enrollment increase. | 19 |
| (iv) The bonds are issued pursuant to Sections 19-2 | 20 |
| through 19-7 of this Code.
| 21 |
| (p-5) Notwithstanding any other provisions of this Section | 22 |
| or the provisions of any other law, bonds issued by a community | 23 |
| unit school district maintaining grades K through 12 shall not | 24 |
| be considered indebtedness for purposes of any statutory | 25 |
| limitation and may be issued in an amount or amounts, including | 26 |
| existing indebtedness, in excess of any heretofore or hereafter | 27 |
| imposed statutory limitation as to indebtedness, if all of the | 28 |
| following conditions are met: | 29 |
| (i) For each of the 4 most recent years, residential | 30 |
| property comprises more than 80% of the equalized assessed | 31 |
| valuation of the district. | 32 |
| (ii) At least 2 school buildings that were constructed | 33 |
| 40 or more years prior to the issuance of the bonds will be | 34 |
| demolished and will be replaced by new buildings or | 35 |
| additions to one or more existing buildings. | 36 |
| (iii) Voters of the district approve a proposition for |
|
|
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LRB094 09889 NHT 40147 b |
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| the issuance of the bonds at a regularly scheduled | 2 |
| election. | 3 |
| (iv) At the time of the sale of the bonds, the school | 4 |
| board determines by resolution that the new buildings or | 5 |
| building additions are needed because of an increase in | 6 |
| enrollment projected by the school board. | 7 |
| (v) The principal amount of the bonds, including | 8 |
| existing indebtedness, does not exceed 25% of the equalized | 9 |
| assessed value of the taxable property in the district. | 10 |
| (vi) The bonds are issued prior to January 1, 2007, | 11 |
| pursuant to Sections 19-2 through 19-7 of this Code.
| 12 |
| (p-10) Notwithstanding any other provisions of this | 13 |
| Section or the provisions of any other law, bonds issued by a | 14 |
| community consolidated school district maintaining grades K | 15 |
| through 8 shall not be considered indebtedness for purposes of | 16 |
| any statutory limitation and may be issued in an amount or | 17 |
| amounts, including existing indebtedness, in excess of any | 18 |
| heretofore or hereafter imposed statutory limitation as to | 19 |
| indebtedness, if all of the following conditions are met: | 20 |
| (i) For each of the 4 most recent years, residential | 21 |
| and farm property comprises more than 80% of the equalized | 22 |
| assessed valuation of the district. | 23 |
| (ii) The bond proceeds are to be used to acquire and | 24 |
| improve school sites and build and equip a school building. | 25 |
| (iii) Voters of the district approve a proposition for | 26 |
| the issuance of the bonds at a regularly scheduled | 27 |
| election. | 28 |
| (iv) At the time of the sale of the bonds, the school | 29 |
| board determines by resolution that the school sites and | 30 |
| building additions are needed because of an increase in | 31 |
| enrollment projected by the school board. | 32 |
| (v) The principal amount of the bonds, including | 33 |
| existing indebtedness, does not exceed 20% of the equalized | 34 |
| assessed value of the taxable property in the district. | 35 |
| (vi) The bonds are issued prior to January 1, 2007, | 36 |
| pursuant to Sections 19-2 through 19-7 of this Code.
|
|
|
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LRB094 09889 NHT 40147 b |
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| 1 |
| (p-15) In addition to all other authority to issue bonds, | 2 |
| the Oswego Community Unit School District Number 308 may issue | 3 |
| bonds with an aggregate principal amount not to exceed | 4 |
| $450,000,000, but only if all of the following conditions are | 5 |
| met: | 6 |
| (i) The voters of the district have approved a | 7 |
| proposition for the bond issue at the general election held | 8 |
| on November 7, 2006. | 9 |
| (ii) At the time of the sale of the bonds, the school | 10 |
| board determines, by resolution, that: (A) the building and | 11 |
| equipping of the new high school building, new junior high | 12 |
| school buildings, new elementary school buildings, early | 13 |
| childhood building, maintenance building, transportation | 14 |
| facility, and additions to existing school buildings, the | 15 |
| altering, repairing, equipping, and provision of | 16 |
| technology improvements to existing school buildings, and | 17 |
| the acquisition and improvement of school sites, as the | 18 |
| case may be, are required as a result of a projected | 19 |
| increase in the enrollment of students in the district; and | 20 |
| (B) the sale of bonds for these purposes is authorized by | 21 |
| legislation that exempts the debt incurred on the bonds | 22 |
| from the district's statutory debt limitation.
| 23 |
| (iii) The bonds are issued, in one or more bond issues, | 24 |
| on or before November 7, 2011, but the aggregate principal | 25 |
| amount issued in all such bond issues combined must not | 26 |
| exceed $450,000,000.
| 27 |
| (iv) The bonds are issued in accordance with this | 28 |
| Article 19. | 29 |
| (v) The proceeds of the bonds are used only to | 30 |
| accomplish those projects approved by the voters at the | 31 |
| general election held on November 7, 2006. | 32 |
| The debt incurred on any bonds issued under this subsection | 33 |
| (p-15) shall not be considered indebtedness for purposes of any | 34 |
| statutory debt limitation.
| 35 |
| (p-20) In addition to all other authority to issue bonds, | 36 |
| the Lincoln-Way Community High School District Number 210 may |
|
|
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LRB094 09889 NHT 40147 b |
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| 1 |
| issue bonds with an aggregate principal amount not to exceed | 2 |
| $225,000,000, but only if all of the following conditions are | 3 |
| met: | 4 |
| (i) The voters of the district have approved a | 5 |
| proposition for the bond issue at the general primary | 6 |
| election held on March 21, 2006. | 7 |
| (ii) At the time of the sale of the bonds, the school | 8 |
| board determines, by resolution, that: (A) the building and | 9 |
| equipping of the new high school buildings, the altering, | 10 |
| repairing, and equipping of existing school buildings, and | 11 |
| the improvement of school sites, as the case may be, are | 12 |
| required as a result of a projected increase in the | 13 |
| enrollment of students in the district; and (B) the sale of | 14 |
| bonds for these purposes is authorized by legislation that | 15 |
| exempts the debt incurred on the bonds from the district's | 16 |
| statutory debt limitation.
| 17 |
| (iii) The bonds are issued, in one or more bond issues, | 18 |
| on or before March 21, 2011, but the aggregate principal | 19 |
| amount issued in all such bond issues combined must not | 20 |
| exceed $225,000,000.
| 21 |
| (iv) The bonds are issued in accordance with this | 22 |
| Article 19. | 23 |
| (v) The proceeds of the bonds are used only to | 24 |
| accomplish those projects approved by the voters at the | 25 |
| primary election held on March 21, 2006. | 26 |
| The debt incurred on any bonds issued under this subsection | 27 |
| (p-20) shall not be considered indebtedness for purposes of any | 28 |
| statutory debt limitation.
| 29 |
| (q) A school district must notify the State Board of | 30 |
| Education prior to issuing any form of long-term or short-term | 31 |
| debt that will result in outstanding debt that exceeds 75% of | 32 |
| the debt limit specified in this Section or any other provision | 33 |
| of law.
| 34 |
| (Source: P.A. 93-13, eff. 6-9-03; 93-799, eff. 7-22-04; | 35 |
| 93-1045, eff. 10-15-04; 94-234, eff. 7-1-06; 94-721, eff. | 36 |
| 1-6-06; 94-952, eff. 6-27-06; 94-1019, eff. 7-10-06; revised |
|
|
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LRB094 09889 NHT 40147 b |
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| 1 |
| 8-3-06.)
| 2 |
| Section 99. Effective date. This Act takes effect upon | 3 |
| becoming law.
|
|