Full Text of HB0410 95th General Assembly
HB0410ham001 95TH GENERAL ASSEMBLY
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Revenue Committee
Filed: 4/19/2007
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| AMENDMENT TO HOUSE BILL 410
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| AMENDMENT NO. ______. Amend House Bill 410 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The Counties Code is amended by adding Section | 5 |
| 5-1006.7 as follows: | 6 |
| (55 ILCS 5/5-1006.7 new) | 7 |
| Sec. 5-1006.7. School facility occupation taxes. | 8 |
| (a) For the purposes of this Section: | 9 |
| "Department" means the Department of Revenue.
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| "Occupation tax" means a tax imposed upon: | 11 |
| (1) all retailers engaged in the business of selling | 12 |
| tangible personal property, other than personal property | 13 |
| titled or registered with an agency of this State's | 14 |
| government, at retail in the county on the gross receipts | 15 |
| from the sales made in the course of business; and | 16 |
| (2) all servicemen engaged, in the county, in the |
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| business of making sales of service, who, as an incident to | 2 |
| making those sales of service, transfer tangible personal | 3 |
| property within the county as an incident to a sale of | 4 |
| service. | 5 |
| "Retailer" means and includes any person engaged in the | 6 |
| business of making sales at retail, as defined in Section 1 of | 7 |
| the Retailers' Occupation Tax Act. | 8 |
| "Serviceman" has the definition set forth in Section 2 of | 9 |
| the Service Occupation Tax Act.
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| "School-facility purposes" means the acquisition, | 11 |
| development, construction, reconstruction, rehabilitation, | 12 |
| improvement, financing, architectural planning, and | 13 |
| installation of capital facilities consisting of buildings, | 14 |
| structures, and durable equipment and for the acquisition and | 15 |
| improvement of real property and interests in real property | 16 |
| required, or expected to be required, in connection with the | 17 |
| capital facilities. "School-facility purposes" also includes | 18 |
| fire prevention, safety, energy conservation, disabled | 19 |
| accessibility, school security, and specified repair purposes | 20 |
| set forth under Section 17-2.11 of the School Code.
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| (b) A county board may impose an occupation tax within the | 22 |
| county, the proceeds of which may be used solely for | 23 |
| school-facility purposes. | 24 |
| This tax under this Section may be imposed only in | 25 |
| one-quarter percent increments and may not exceed 1%. | 26 |
| (c) The tax under this Section may not be imposed until the |
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| question of imposing the tax has been submitted to the electors | 2 |
| of the county at a regular election and approved by a majority | 3 |
| of the electors voting on the question. The county board must | 4 |
| certify the question to the proper election authority, which | 5 |
| must submit the question at an election in accordance with the | 6 |
| Election Code. | 7 |
| The election authority must submit the question in | 8 |
| substantially the following form: | 9 |
| Shall (name of county) be authorized to impose an | 10 |
| occupation
tax (commonly referred to as a "sales tax") in | 11 |
| accordance with Section 5-1006.7 of the Counties Code at | 12 |
| the rate of (insert rate) to be used exclusively for | 13 |
| school-facility purposes within the county? | 14 |
| The election authority must record the votes as "Yes" or "No". | 15 |
| If a majority of the electors voting on the question vote | 16 |
| in the affirmative, then the county may, thereafter, impose the | 17 |
| tax.
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| (d) The tax under this Section may not be imposed on the | 19 |
| sales of food for human consumption that is to be consumed off | 20 |
| the premises where it is sold (other than alcoholic beverages, | 21 |
| soft drinks, and food that has been prepared for immediate | 22 |
| consumption) or prescription and non-prescription medicines, | 23 |
| drugs, medical appliances, and insulin, urine testing | 24 |
| materials, syringes, and needles used by diabetics. | 25 |
| Nothing in this Section may be construed to authorize a | 26 |
| county board to impose a tax upon the privilege of engaging in |
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| any business that under the Constitution of the United States | 2 |
| may not be made the subject of taxation by this State. | 3 |
| (e) The Department has full power to administer and enforce | 4 |
| this Section, to collect all taxes and penalties due under this | 5 |
| Section, to dispose of taxes and penalties so collected in the | 6 |
| manner provided in this Section, and to determine all rights to | 7 |
| credit memoranda arising on account of the erroneous payment of | 8 |
| a tax or penalty under this Section. The Department shall | 9 |
| deposit all taxes and penalties collected under this Section | 10 |
| into a special fund created for that purpose. | 11 |
| In the administration of and compliance with this Section | 12 |
| with respect to a retailer who is subject to this Section, the | 13 |
| Department and the retailer (i) have the same rights, remedies, | 14 |
| privileges, immunities, powers, and duties, (ii) are subject to | 15 |
| the same conditions, restrictions, limitations, penalties, and | 16 |
| definitions of terms, and (iii) shall employ the same modes of | 17 |
| procedure as are set forth in Sections 1, 1a, 1a-1, 1d, 1e, 1f, | 18 |
| 1i, 1j, 1k, 1m, 1n, 2 through 2-70 (in respect to all | 19 |
| provisions contained in those Sections other than the State | 20 |
| rate of tax), 2a, 2b, 2c, 3 (except provisions relating to | 21 |
| transaction returns and quarter monthly payments), 4, 5, 5a, | 22 |
| 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, | 23 |
| 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act | 24 |
| and Section 3-7 of the Uniform Penalty and Interest Act as if | 25 |
| those provisions were set forth in this Section. The | 26 |
| certificate of registration that is issued by the Department to |
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| a retailer under the Retailers' Occupation Tax Act permits the | 2 |
| retailer to engage in a business that is taxable without | 3 |
| registering separately with the Department under an ordinance | 4 |
| or resolution under this Section. | 5 |
| In the administration of and compliance with this Section | 6 |
| with respect to a serviceman who is subject to this Section, | 7 |
| the Department and the serviceman (i) have the same rights, | 8 |
| remedies, privileges, immunities, powers, and duties, (ii) are | 9 |
| subject to the same conditions, restrictions, limitations, | 10 |
| penalties, and definitions of terms, and (iii) shall employ the | 11 |
| same modes of procedure as are set forth in Sections 2 (except | 12 |
| that the reference to State in the definition of supplier | 13 |
| maintaining a place of business in this State means the | 14 |
| county), 2a, 2b, 2c, 3 through 3-50 (in respect to all | 15 |
| provisions contained in those Sections other than the State | 16 |
| rate of tax), 4 (except that the reference to the State means | 17 |
| to the county), 5, 7, 8 (except that the jurisdiction to which | 18 |
| the tax is a debt to the extent indicated in that Section 8 is | 19 |
| the county), 9 (except as to the disposition of taxes and | 20 |
| penalties collected), 10, 11, 12 (except the reference therein | 21 |
| to Section 2b of the Retailers' Occupation Tax Act), 13 (except | 22 |
| that any reference to the State means the county), Section 15, | 23 |
| 16, 17, 18, 19, and 20 of the Service Occupation Tax Act and | 24 |
| Section 3-7 of the Uniform Penalty and Interest Act, as fully | 25 |
| as if those provisions were set forth in this Section. | 26 |
| A person who is subject to the tax imposed under the |
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| authority granted in this Section may reimburse himself or | 2 |
| herself for the tax liability by separately stating the tax as | 3 |
| an additional charge, which may be stated in combination, in a | 4 |
| single amount, with State tax that sellers are required to | 5 |
| collect under the Use Tax Act, pursuant to any bracketed | 6 |
| schedules set forth by the Department. | 7 |
| (f) The Department shall immediately pay over to the State | 8 |
| Treasurer, ex officio, as trustee, all taxes and penalties | 9 |
| collected under this Section to be deposited into the School | 10 |
| Facility Occupation Tax Fund, which shall be an unappropriated | 11 |
| trust fund held outside of the State treasury. | 12 |
| On or before the 25th day of each calendar month, the | 13 |
| Department shall prepare and certify to the Comptroller the | 14 |
| disbursement of stated sums of money to the regional | 15 |
| superintendents of schools in counties from which retailers or | 16 |
| servicemen have paid taxes or penalties to the Department | 17 |
| during the second preceding calendar month. The amount to be | 18 |
| paid to each regional superintendent of schools, and disbursed | 19 |
| by him or her in accordance with 3-14.31 of the School Code, is | 20 |
| equal to the amount (not including credit memoranda) collected | 21 |
| from the county under this Section during the second preceding | 22 |
| calendar month by the Department: plus | 23 |
| (1) an amount that the Department determines is | 24 |
| necessary to offset any amounts that were erroneously paid | 25 |
| to a different taxing body; less | 26 |
| (2) 2% of the amount under item (1), which must be |
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| deposited into the Tax Compliance and Administration Fund | 2 |
| and be used by the Department, subject to appropriation, to | 3 |
| cover the costs of the Department in administering and | 4 |
| enforcing the provisions of this Section on behalf of the | 5 |
| county; less | 6 |
| (3) an amount equal to the amount of refunds made | 7 |
| during the second preceding calendar month by the | 8 |
| Department on behalf of the county; and less | 9 |
| (4) any amount that the Department determines is | 10 |
| necessary to offset any amounts that were payable to a | 11 |
| different taxing body but were erroneously paid to the | 12 |
| county. | 13 |
| When certifying the amount of a monthly disbursement to a | 14 |
| regional superintendent of schools under this Section, the | 15 |
| Department shall increase or decrease the amounts by an amount | 16 |
| necessary to offset any miscalculation of previous | 17 |
| disbursements. The offset amount is the amount erroneously | 18 |
| disbursed within the previous 6 months from the time a | 19 |
| miscalculation is discovered.
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| Within 10 days after receipt by the Comptroller of the | 21 |
| disbursement certification to the regional superintendents of | 22 |
| schools provided for in this Section to be given to the | 23 |
| Comptroller by the Department, the Comptroller shall cause the | 24 |
| orders to be drawn for the respective amounts in accordance | 25 |
| with directions contained in the certification. | 26 |
| If the Department determines that a refund should be made |
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| under this Section to a claimant instead of issuing a credit | 2 |
| memorandum, then the Department shall notify the State | 3 |
| Comptroller, who shall cause the order to be drawn for the | 4 |
| amount specified and to the person named in the notification | 5 |
| from the Department. The refund shall be paid by the State | 6 |
| Treasurer out of the School Facility Occupation Tax Fund.
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| (g) For the purpose of determining the local governmental | 8 |
| unit whose tax is applicable, a retail sale by a producer of | 9 |
| coal or another mineral mined in Illinois is a sale at retail | 10 |
| at the place where the coal or other mineral mined in Illinois | 11 |
| is extracted from the earth. This paragraph does not apply to | 12 |
| coal or another mineral when it is delivered or shipped by the | 13 |
| seller to the purchaser at a point outside Illinois so that the | 14 |
| sale is exempt under the United States Constitution as a sale | 15 |
| in interstate or foreign commerce. | 16 |
| (h) If a county board imposes a tax under this Section, | 17 |
| then the board may, by ordinance, discontinue or reduce the | 18 |
| rate of the tax. If, however, a school board issues bonds under | 19 |
| Section 19c-5 of the School Code, then the county board may not | 20 |
| reduce the tax rate or discontinue the tax if that rate | 21 |
| reduction or discontinuance would inhibit the school board's | 22 |
| ability to pay the principal and interest on those bonds as | 23 |
| they become due. If the county board reduces the tax rate or | 24 |
| discontinues the tax, then a referendum must be held in | 25 |
| accordance with subsection (a) of this Section in order to | 26 |
| increase the rate of the tax or to reimpose the discontinued |
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| tax. | 2 |
| (i) The results of any election that authorizes a | 3 |
| proposition to impose a tax under this Section or to change the | 4 |
| rate of the tax, or any ordinance that lowers the rate or | 5 |
| discontinues the tax, must be certified by the county board and | 6 |
| filed with the Department either (i) on or before the first day | 7 |
| of April, whereupon the Department shall proceed to administer | 8 |
| and enforce the tax as of the first day of July next following | 9 |
| the filing; or (ii) on or before the first day of October, | 10 |
| whereupon the Department shall proceed to administer and | 11 |
| enforce the tax as of the first day of January next following | 12 |
| the filing. | 13 |
| (j) This Section does not apply to Cook County.
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| Section 10. The School Code is amended changing Sections | 15 |
| 17-2.11 and 19-1 and by adding Sections 3-14.31, 10-20.40, and | 16 |
| Article 19c as follows: | 17 |
| (105 ILCS 5/3-14.31 new)
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| Sec. 3-14.31. School facility occupation tax proceeds. | 19 |
| (a) Within 30 days after receiving any proceeds of a school | 20 |
| facility occupation tax under Section 5-1006.7 of the Counties | 21 |
| Code, each regional superintendent must disburse those | 22 |
| proceeds to each school district that is located in the county | 23 |
| in which the tax was collected. | 24 |
| (b) The proceeds must be disbursed on a per-pupil basis. |
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| Each school district that is located in the county in which the | 2 |
| tax was collected must annually certify to the regional | 3 |
| superintendent the number of students who attend a school that | 4 |
| is located in the county in which the tax was collected. The | 5 |
| regional superintendent may conduct an audit of the | 6 |
| certification submitted by a school board. | 7 |
| (105 ILCS 5/10-20.40 new)
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| Sec. 10-20.40. School facility occupation tax fund. All | 9 |
| proceeds received by a school district from a distribution | 10 |
| under 3-14.31 must be maintained in a special fund known as the | 11 |
| school facility occupation tax fund. The district may use | 12 |
| moneys in that fund only for school-facility purposes, as that | 13 |
| term is defined under Section 5-1006.7 of the Counties Code.
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| (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
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| Sec. 17-2.11. School board power to levy a tax or to borrow | 16 |
| money and
issue bonds for fire prevention, safety, energy | 17 |
| conservation, disabled
accessibility, school security, and | 18 |
| specified repair purposes.
Whenever, as a
result of any lawful | 19 |
| order of any agency,
other than a school board, having | 20 |
| authority to enforce any school building code
applicable to any | 21 |
| facility that houses students, or any law or regulation for
the | 22 |
| protection and safety of the environment, pursuant to the | 23 |
| Environmental
Protection Act, any school district having a | 24 |
| population of less than 500,000
inhabitants is required to |
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| alter or reconstruct any school building or
permanent, fixed | 2 |
| equipment; or whenever any such district determines that
it is | 3 |
| necessary for energy conservation purposes that any school | 4 |
| building
or permanent, fixed equipment should be altered or | 5 |
| reconstructed and
that such alterations or reconstruction will | 6 |
| be made with funds not necessary
for the completion of approved | 7 |
| and recommended projects contained in any safety
survey report | 8 |
| or amendments thereto authorized by Section 2-3.12 of this Act;
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| or whenever any such district determines that it is necessary | 10 |
| for disabled accessibility purposes and to comply with the | 11 |
| school building
code that any
school building or equipment | 12 |
| should be altered or reconstructed and that such
alterations or | 13 |
| reconstruction will be made with
funds not necessary for the | 14 |
| completion of approved and recommended projects
contained in | 15 |
| any safety survey report or amendments thereto authorized under
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| Section 2-3.12 of this Act; or whenever any such district | 17 |
| determines that it is
necessary for school
security purposes | 18 |
| and the related protection and safety of pupils and school
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| personnel that any school building or property should be | 20 |
| altered or
reconstructed or that security systems and equipment | 21 |
| (including but not limited
to intercom, early detection and | 22 |
| warning, access control and television
monitoring systems) | 23 |
| should be purchased and installed, and that such
alterations, | 24 |
| reconstruction or purchase and installation of equipment will | 25 |
| be
made with funds not necessary for the completion of approved | 26 |
| and recommended
projects contained in any safety survey report |
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| or amendment thereto authorized
by Section 2-3.12 of this Act | 2 |
| and will deter and prevent unauthorized entry or
activities | 3 |
| upon school property by unknown or dangerous persons, assure | 4 |
| early
detection and advance warning of any such actual or | 5 |
| attempted unauthorized
entry or activities and help assure the | 6 |
| continued safety of pupils and school
staff if any such | 7 |
| unauthorized entry or activity is attempted or occurs;
or if a | 8 |
| school district does not need funds for other fire prevention | 9 |
| and
safety projects, including the completion of approved and | 10 |
| recommended projects
contained in any safety survey report or | 11 |
| amendments thereto authorized by
Section 2-3.12 of this Act, | 12 |
| and it is determined after a public hearing (which
is preceded | 13 |
| by at least one published notice (i) occurring at least 7 days
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| prior to the hearing in a newspaper of general circulation | 15 |
| within the school
district and (ii) setting forth the time, | 16 |
| date, place, and general subject
matter of the hearing) that | 17 |
| there is a
substantial, immediate, and otherwise unavoidable | 18 |
| threat to the health, safety,
or welfare of pupils due to | 19 |
| disrepair of school sidewalks, playgrounds, parking
lots, or | 20 |
| school bus turnarounds and repairs must be made: then
in any | 21 |
| such event, such district may, by proper resolution, levy a tax | 22 |
| for the
purpose of making such alteration or reconstruction, | 23 |
| based on a survey report
by an architect or engineer licensed | 24 |
| in the State of Illinois, upon all the
taxable property of the | 25 |
| district at the value as assessed by the Department of
Revenue | 26 |
| at a rate not to exceed .05% per year for a period sufficient |
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| to
finance such alterations, repairs, or reconstruction, upon | 2 |
| the following
conditions:
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| (a) When there are not sufficient funds available in | 4 |
| either the operations
and maintenance fund of the district , | 5 |
| the school facility occupation tax fund of the district, or | 6 |
| the fire prevention and safety fund of
the district as | 7 |
| determined by the district on the basis of regulations | 8 |
| adopted
by the State Board of Education to make such | 9 |
| alterations, repairs, or
reconstruction, or to purchase | 10 |
| and install such permanent fixed equipment so
ordered or | 11 |
| determined as necessary. Appropriate school district | 12 |
| records shall
be made available to the State Superintendent | 13 |
| of Education upon request to
confirm such insufficiency.
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| (b) When a certified estimate of an architect or | 15 |
| engineer licensed in the
State of Illinois stating the | 16 |
| estimated amount necessary to make the
alterations or | 17 |
| repairs, or to purchase and install such equipment so | 18 |
| ordered
has been secured by the district, and the estimate | 19 |
| has been approved by the
regional superintendent of | 20 |
| schools, having jurisdiction of the district, and
the State | 21 |
| Superintendent of Education. Approval shall not be granted | 22 |
| for any
work that has already started without the prior | 23 |
| express authorization of the
State Superintendent of | 24 |
| Education. If such estimate is not approved or denied
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| approval by the regional superintendent of schools within 3 | 26 |
| months after the
date on which it is submitted to him or |
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| her, the school board of the district
may submit such | 2 |
| estimate directly to the State Superintendent of Education | 3 |
| for
approval or denial.
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| For purposes of this Section a school district may replace | 5 |
| a school
building or build additions to replace portions of a | 6 |
| building when it is
determined that the effectuation of the | 7 |
| recommendations for the existing
building will cost more than | 8 |
| the replacement costs. Such determination shall
be based on a | 9 |
| comparison of estimated costs made by an architect or engineer
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| licensed in the State of Illinois. The new building or addition | 11 |
| shall be
equivalent in area (square feet) and comparable in | 12 |
| purpose and grades served
and may be on the same site or | 13 |
| another site. Such replacement may only be done
upon order of | 14 |
| the regional superintendent of schools and the approval of the
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| State Superintendent of Education.
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| The filing of a certified copy of the resolution levying | 17 |
| the tax when
accompanied by the certificates of the regional | 18 |
| superintendent of schools and
State Superintendent of | 19 |
| Education shall be the authority of the county clerk to
extend | 20 |
| such tax.
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| The county clerk of the county in which any school district | 22 |
| levying a
tax under the authority of this Section is located, | 23 |
| in reducing raised
levies, shall not consider any such tax as a | 24 |
| part of the general levy
for school purposes and shall not | 25 |
| include the same in the limitation of
any other tax rate which | 26 |
| may be extended.
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| Such tax shall be levied and collected in like manner as | 2 |
| all other
taxes of school districts, subject to the provisions | 3 |
| contained in this Section.
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| The tax rate limit specified in this Section may be | 5 |
| increased to .10%
upon the approval of a proposition to effect | 6 |
| such increase by a majority
of the electors voting on that | 7 |
| proposition at a regular scheduled election.
Such proposition | 8 |
| may be initiated by resolution of the school board and
shall be | 9 |
| certified by the secretary to the proper election authorities | 10 |
| for
submission in accordance with the general election law.
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| When taxes are levied by any school district for fire | 12 |
| prevention,
safety, energy conservation, and school security | 13 |
| purposes as specified in this
Section, and the purposes for | 14 |
| which the taxes have been
levied are accomplished and paid in | 15 |
| full, and there remain funds on hand in
the Fire Prevention and | 16 |
| Safety Fund from the proceeds of the taxes levied,
including | 17 |
| interest earnings thereon, the school board by resolution shall | 18 |
| use
such excess and other board restricted funds excluding bond | 19 |
| proceeds and
earnings from such proceeds (1) for other | 20 |
| authorized fire prevention,
safety, energy conservation, and | 21 |
| school security purposes
or (2) for transfer to the Operations | 22 |
| and Maintenance Fund
for the purpose of abating an equal amount | 23 |
| of operations and maintenance
purposes taxes. If any transfer | 24 |
| is made to the Operation and Maintenance
Fund, the secretary of | 25 |
| the school board shall within 30 days notify
the county clerk | 26 |
| of the amount of that transfer and direct the clerk to
abate |
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| the taxes to be extended for the purposes of operations and
| 2 |
| maintenance authorized under Section 17-2 of this Act by an | 3 |
| amount equal
to such transfer.
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| If the proceeds from the tax levy authorized by this
| 5 |
| Section are insufficient to complete the work approved under | 6 |
| this
Section, the school board is authorized to sell bonds | 7 |
| without referendum
under the provisions of this Section in an | 8 |
| amount that, when added to the
proceeds of the tax levy | 9 |
| authorized by this Section, will allow completion
of the | 10 |
| approved work.
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| Such bonds shall bear interest at a rate not to exceed the | 12 |
| maximum rate
authorized by law at the time of the making of the | 13 |
| contract, shall mature
within 20 years from date, and shall be | 14 |
| signed by the president of the school
board and the treasurer | 15 |
| of the school district.
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| In order to authorize and issue such bonds, the school | 17 |
| board shall adopt
a resolution fixing the amount of bonds, the | 18 |
| date thereof, the maturities
thereof, rates of interest | 19 |
| thereof, place of payment and denomination,
which shall be in | 20 |
| denominations of not less than $100 and not more than
$5,000, | 21 |
| and provide for the levy and collection of a direct annual tax | 22 |
| upon
all the taxable property in the school district sufficient | 23 |
| to pay the
principal and interest on such bonds to maturity. | 24 |
| Upon the filing in the
office of the county clerk of the county | 25 |
| in which the school district is
located of a certified copy of | 26 |
| the resolution, it is the duty of the
county clerk to extend |
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| the tax therefor in addition to and in excess of all
other | 2 |
| taxes heretofore or hereafter authorized to be
levied by such | 3 |
| school district.
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| After the time such bonds are issued as provided for by | 5 |
| this Section, if
additional alterations or reconstructions are | 6 |
| required to be made because
of surveys conducted by an | 7 |
| architect or engineer licensed in the State of
Illinois, the | 8 |
| district may levy a tax at a rate not to exceed .05% per year
| 9 |
| upon all the taxable property of the district or issue | 10 |
| additional bonds,
whichever action shall be the most feasible.
| 11 |
| This Section is cumulative and constitutes complete | 12 |
| authority for the
issuance of bonds as provided in this Section | 13 |
| notwithstanding any other
statute or law to the contrary.
| 14 |
| With respect to instruments for the payment of money issued | 15 |
| under this
Section either before, on, or after the effective | 16 |
| date of Public Act 86-004
(June 6, 1989), it is, and always has | 17 |
| been, the intention of the General
Assembly (i) that the | 18 |
| Omnibus Bond Acts are, and always have been,
supplementary | 19 |
| grants of power to issue instruments in accordance with the
| 20 |
| Omnibus Bond Acts, regardless of any provision of this Act that | 21 |
| may appear
to be or to have been more restrictive than those | 22 |
| Acts, (ii) that the
provisions of this Section are not a | 23 |
| limitation on the supplementary
authority granted by the | 24 |
| Omnibus Bond Acts, and (iii) that instruments
issued under this | 25 |
| Section within the supplementary authority granted by the
| 26 |
| Omnibus Bond Acts are not invalid because of any provision of |
|
|
|
09500HB0410ham001 |
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LRB095 06518 BDD 34129 a |
|
| 1 |
| this Act that
may appear to be or to have been more restrictive | 2 |
| than those Acts.
| 3 |
| When the purposes for which the bonds are issued have been | 4 |
| accomplished
and paid for in full and there remain funds on | 5 |
| hand from the proceeds of
the bond sale and interest earnings | 6 |
| therefrom, the board shall, by
resolution, use such excess | 7 |
| funds in accordance with the provisions of
Section 10-22.14 of | 8 |
| this Act.
| 9 |
| Whenever any tax is levied or bonds issued for fire | 10 |
| prevention, safety,
energy conservation, and school security | 11 |
| purposes, such proceeds shall be
deposited and accounted for | 12 |
| separately within the Fire Prevention and Safety
Fund.
| 13 |
| (Source: P.A. 88-251; 88-508; 88-628, eff. 9-9-94; 88-670,
eff. | 14 |
| 12-2-94; 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)
| 15 |
| (105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
| 16 |
| Sec. 19-1. Debt limitations of school districts.
| 17 |
| (a) School districts shall not be subject to the provisions | 18 |
| limiting their
indebtedness prescribed in "An Act to limit the | 19 |
| indebtedness of counties having
a population of less than | 20 |
| 500,000 and townships, school districts and other
municipal | 21 |
| corporations having a population of less than 300,000", | 22 |
| approved
February 15, 1928, as amended.
| 23 |
| No school districts maintaining grades K through 8 or 9 | 24 |
| through 12
shall become indebted in any manner or for any | 25 |
| purpose to an amount,
including existing indebtedness, in the |
|
|
|
09500HB0410ham001 |
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LRB095 06518 BDD 34129 a |
|
| 1 |
| aggregate exceeding 6.9% on the
value of the taxable property | 2 |
| therein to be ascertained by the last assessment
for State and | 3 |
| county taxes or, until January 1, 1983, if greater, the sum | 4 |
| that
is produced by multiplying the school district's 1978 | 5 |
| equalized assessed
valuation by the debt limitation percentage | 6 |
| in effect on January 1, 1979,
previous to the incurring of such | 7 |
| indebtedness.
| 8 |
| No school districts maintaining grades K through 12 shall | 9 |
| become
indebted in any manner or for any purpose to an amount, | 10 |
| including
existing indebtedness, in the aggregate exceeding | 11 |
| 13.8% on the value of
the taxable property therein to be | 12 |
| ascertained by the last assessment
for State and county taxes | 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,
previous to the incurring of such | 17 |
| indebtedness.
| 18 |
| No partial elementary unit district, as defined in Article | 19 |
| 11E of this Code, shall become indebted in any manner or for | 20 |
| any purpose in an amount, including existing indebtedness, in | 21 |
| the aggregate exceeding 6.9% of the value of the taxable | 22 |
| property of the entire district, to be ascertained by the last | 23 |
| assessment for State and county taxes, plus an amount, | 24 |
| including existing indebtedness, in the aggregate exceeding | 25 |
| 6.9% of the value of the taxable property of that portion of | 26 |
| the district included in the elementary and high school |
|
|
|
09500HB0410ham001 |
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LRB095 06518 BDD 34129 a |
|
| 1 |
| classification, to be ascertained by the last assessment for | 2 |
| State and county taxes. Moreover, no partial elementary unit | 3 |
| district, as defined in Article 11E of this Code, shall become | 4 |
| indebted on account of bonds issued by the district for high | 5 |
| school purposes in the aggregate exceeding 6.9% of the value of | 6 |
| the taxable property of the entire district, to be ascertained | 7 |
| by the last assessment for State and county taxes, nor shall | 8 |
| the district become indebted on account of bonds issued by the | 9 |
| district for elementary purposes in the aggregate exceeding | 10 |
| 6.9% of the value of the taxable property for that portion of | 11 |
| the district included in the elementary and high school | 12 |
| classification, to be ascertained by the last assessment for | 13 |
| State and county taxes.
| 14 |
| Notwithstanding the provisions of any other law to the | 15 |
| contrary, in any
case in which the voters of a school district | 16 |
| have approved a proposition
for the issuance of bonds of such | 17 |
| school district at an election held prior
to January 1, 1979, | 18 |
| and all of the bonds approved at such election have
not been | 19 |
| issued, the debt limitation applicable to such school district
| 20 |
| during the calendar year 1979 shall be computed by multiplying | 21 |
| the value
of taxable property therein, including personal | 22 |
| property, as ascertained
by the last assessment for State and | 23 |
| county taxes, previous to the incurring
of such indebtedness, | 24 |
| by the percentage limitation applicable to such school
district | 25 |
| under the provisions of this subsection (a).
| 26 |
| (b) Notwithstanding the debt limitation prescribed in |
|
|
|
09500HB0410ham001 |
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LRB095 06518 BDD 34129 a |
|
| 1 |
| subsection (a)
of this Section, additional indebtedness may be | 2 |
| incurred in an amount
not to exceed the estimated cost of | 3 |
| acquiring or improving school sites
or constructing and | 4 |
| equipping additional building facilities under the
following | 5 |
| conditions:
| 6 |
| (1) Whenever the enrollment of students for the next | 7 |
| school year is
estimated by the board of education to | 8 |
| increase over the actual present
enrollment by not less | 9 |
| than 35% or by not less than 200 students or the
actual | 10 |
| present enrollment of students has increased over the | 11 |
| previous
school year by not less than 35% or by not less | 12 |
| than 200 students and
the board of education determines | 13 |
| that additional school sites or
building facilities are | 14 |
| required as a result of such increase in
enrollment; and
| 15 |
| (2) When the Regional Superintendent of Schools having | 16 |
| jurisdiction
over the school district and the State | 17 |
| Superintendent of Education
concur in such enrollment | 18 |
| projection or increase and approve the need
for such | 19 |
| additional school sites or building facilities and the
| 20 |
| estimated cost thereof; and
| 21 |
| (3) When the voters in the school district approve a | 22 |
| proposition for
the issuance of bonds for the purpose of | 23 |
| acquiring or improving such
needed school sites or | 24 |
| constructing and equipping such needed additional
building | 25 |
| facilities at an election called and held for that purpose.
| 26 |
| Notice of such an election shall state that the amount of |
|
|
|
09500HB0410ham001 |
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LRB095 06518 BDD 34129 a |
|
| 1 |
| indebtedness
proposed to be incurred would exceed the debt | 2 |
| limitation otherwise
applicable to the school district. | 3 |
| The ballot for such proposition
shall state what percentage | 4 |
| of the equalized assessed valuation will be
outstanding in | 5 |
| bonds if the proposed issuance of bonds is approved by
the | 6 |
| voters; or
| 7 |
| (4) Notwithstanding the provisions of paragraphs (1) | 8 |
| through (3) of
this subsection (b), if the school board | 9 |
| determines that additional
facilities are needed to | 10 |
| provide a quality educational program and not
less than 2/3 | 11 |
| of those voting in an election called by the school board
| 12 |
| on the question approve the issuance of bonds for the | 13 |
| construction of
such facilities, the school district may | 14 |
| issue bonds for this
purpose; or
| 15 |
| (5) Notwithstanding the provisions of paragraphs (1) | 16 |
| through (3) of this
subsection (b), if (i) the school | 17 |
| district has previously availed itself of the
provisions of | 18 |
| paragraph (4) of this subsection (b) to enable it to issue | 19 |
| bonds,
(ii) the voters of the school district have not | 20 |
| defeated a proposition for the
issuance of bonds since the | 21 |
| referendum described in paragraph (4) of this
subsection | 22 |
| (b) was held, (iii) the school board determines that | 23 |
| additional
facilities are needed to provide a quality | 24 |
| educational program, and (iv) a
majority of those voting in | 25 |
| an election called by the school board on the
question | 26 |
| approve the issuance of bonds for the construction of such |
|
|
|
09500HB0410ham001 |
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LRB095 06518 BDD 34129 a |
|
| 1 |
| facilities,
the school district may issue bonds for this | 2 |
| purpose.
| 3 |
| In no event shall the indebtedness incurred pursuant to | 4 |
| this
subsection (b) and the existing indebtedness of the school | 5 |
| district
exceed 15% of the value of the taxable property | 6 |
| therein to be
ascertained by the last assessment for State and | 7 |
| county taxes, previous
to the incurring of such indebtedness | 8 |
| or, until January 1, 1983, if greater,
the sum that is produced | 9 |
| by multiplying the school district's 1978 equalized
assessed | 10 |
| valuation by the debt limitation percentage in effect on | 11 |
| January 1,
1979.
| 12 |
| The indebtedness provided for by this subsection (b) shall | 13 |
| be in
addition to and in excess of any other debt limitation.
| 14 |
| (c) Notwithstanding the debt limitation prescribed in | 15 |
| subsection (a)
of this Section, in any case in which a public | 16 |
| question for the issuance
of bonds of a proposed school | 17 |
| district maintaining grades kindergarten
through 12 received | 18 |
| at least 60% of the valid ballots cast on the question at
an | 19 |
| election held on or prior to November 8, 1994, and in which the | 20 |
| bonds
approved at such election have not been issued, the | 21 |
| school district pursuant to
the requirements of Section 11A-10 | 22 |
| (now repealed) may issue the total amount of bonds approved
at | 23 |
| such election for the purpose stated in the question.
| 24 |
| (d) Notwithstanding the debt limitation prescribed in | 25 |
| subsection (a)
of this Section, a school district that meets | 26 |
| all the criteria set forth in
paragraphs (1) and (2) of this |
|
|
|
09500HB0410ham001 |
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LRB095 06518 BDD 34129 a |
|
| 1 |
| subsection (d) may incur an additional
indebtedness in an | 2 |
| amount not to exceed $4,500,000, even though the amount of
the | 3 |
| additional indebtedness authorized by this subsection (d), | 4 |
| when incurred
and added to the aggregate amount of indebtedness | 5 |
| of the district existing
immediately prior to the district | 6 |
| incurring the additional indebtedness
authorized by this | 7 |
| subsection (d), causes the aggregate indebtedness of the
| 8 |
| district to exceed the debt limitation otherwise applicable to | 9 |
| that district
under subsection (a):
| 10 |
| (1) The additional indebtedness authorized by this | 11 |
| subsection (d) is
incurred by the school district through | 12 |
| the issuance of bonds under and in
accordance with Section | 13 |
| 17-2.11a for the purpose of replacing a school
building | 14 |
| which, because of mine subsidence damage, has been closed | 15 |
| as provided
in paragraph (2) of this subsection (d) or | 16 |
| through the issuance of bonds under
and in accordance with | 17 |
| Section 19-3 for the purpose of increasing the size of,
or | 18 |
| providing for additional functions in, such replacement | 19 |
| school buildings, or
both such purposes.
| 20 |
| (2) The bonds issued by the school district as provided | 21 |
| in paragraph (1)
above are issued for the purposes of | 22 |
| construction by the school district of
a new school | 23 |
| building pursuant to Section 17-2.11, to replace an | 24 |
| existing
school building that, because of mine subsidence | 25 |
| damage, is closed as of the
end of the 1992-93 school year | 26 |
| pursuant to action of the regional
superintendent of |
|
|
|
09500HB0410ham001 |
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LRB095 06518 BDD 34129 a |
|
| 1 |
| schools of the educational service region in which the
| 2 |
| district is located under Section 3-14.22 or are issued for | 3 |
| the purpose of
increasing the size of, or providing for | 4 |
| additional functions in, the new
school building being | 5 |
| constructed to replace a school building closed as the
| 6 |
| result of mine subsidence damage, or both such purposes.
| 7 |
| (e) (Blank).
| 8 |
| (f) Notwithstanding the provisions of subsection (a) of | 9 |
| this Section or of
any other law, bonds in not to exceed the | 10 |
| aggregate amount of $5,500,000 and
issued by a school district | 11 |
| meeting the following criteria shall not be
considered | 12 |
| indebtedness for purposes of any statutory limitation and may | 13 |
| be
issued in an amount or amounts, including existing | 14 |
| indebtedness, in excess of
any heretofore or hereafter imposed | 15 |
| statutory limitation as to indebtedness:
| 16 |
| (1) At the time of the sale of such bonds, the board of | 17 |
| education of the
district shall have determined by | 18 |
| resolution that the enrollment of students in
the district | 19 |
| is projected to increase by not less than 7% during each of | 20 |
| the
next succeeding 2 school years.
| 21 |
| (2) The board of education shall also determine by | 22 |
| resolution that the
improvements to be financed with the | 23 |
| proceeds of the bonds are needed because
of the projected | 24 |
| enrollment increases.
| 25 |
| (3) The board of education shall also determine by | 26 |
| resolution that the
projected increases in enrollment are |
|
|
|
09500HB0410ham001 |
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LRB095 06518 BDD 34129 a |
|
| 1 |
| the result of improvements made or
expected to be made to | 2 |
| passenger rail facilities located in the school
district.
| 3 |
| Notwithstanding the provisions of subsection (a) of this | 4 |
| Section or of any other law, a school district that has availed | 5 |
| itself of the provisions of this subsection (f) prior to July | 6 |
| 22, 2004 (the effective date of Public Act 93-799) may also | 7 |
| issue bonds approved by referendum up to an amount, including | 8 |
| existing indebtedness, not exceeding 25% of the equalized | 9 |
| assessed value of the taxable property in the district if all | 10 |
| of the conditions set forth in items (1), (2), and (3) of this | 11 |
| subsection (f) are met.
| 12 |
| (g) Notwithstanding the provisions of subsection (a) of | 13 |
| this Section or any
other law, bonds in not to exceed an | 14 |
| aggregate amount of 25% of the equalized
assessed value of the | 15 |
| taxable property of a school district and issued by a
school | 16 |
| district meeting the criteria in paragraphs (i) through (iv) of | 17 |
| this
subsection shall not be considered indebtedness for | 18 |
| purposes of any statutory
limitation and may be issued pursuant | 19 |
| to resolution of the school board in an
amount or amounts, | 20 |
| including existing indebtedness, in
excess of any statutory | 21 |
| limitation of indebtedness heretofore or hereafter
imposed:
| 22 |
| (i) The bonds are issued for the purpose of | 23 |
| constructing a new high school
building to replace two | 24 |
| adjacent existing buildings which together house a
single | 25 |
| high school, each of which is more than 65 years old, and | 26 |
| which together
are located on more than 10 acres and less |
|
|
|
09500HB0410ham001 |
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LRB095 06518 BDD 34129 a |
|
| 1 |
| than 11 acres of property.
| 2 |
| (ii) At the time the resolution authorizing the | 3 |
| issuance of the bonds is
adopted, the cost of constructing | 4 |
| a new school building to replace the existing
school | 5 |
| building is less than 60% of the cost of repairing the | 6 |
| existing school
building.
| 7 |
| (iii) The sale of the bonds occurs before July 1, 1997.
| 8 |
| (iv) The school district issuing the bonds is a unit | 9 |
| school district
located in a county of less than 70,000 and | 10 |
| more than 50,000 inhabitants,
which has an average daily | 11 |
| attendance of less than 1,500 and an equalized
assessed | 12 |
| valuation of less than $29,000,000.
| 13 |
| (h) Notwithstanding any other provisions of this Section or | 14 |
| the
provisions of any other law, until January 1, 1998, a | 15 |
| community unit school
district maintaining grades K through 12 | 16 |
| may issue bonds up to an amount,
including existing | 17 |
| indebtedness, not exceeding 27.6% of the equalized assessed
| 18 |
| value of the taxable property in the district, if all of the | 19 |
| following
conditions are met:
| 20 |
| (i) The school district has an equalized assessed | 21 |
| valuation for calendar
year 1995 of less than $24,000,000;
| 22 |
| (ii) The bonds are issued for the capital improvement, | 23 |
| renovation,
rehabilitation, or replacement of existing | 24 |
| school buildings of the district,
all of which buildings | 25 |
| were originally constructed not less than 40 years ago;
| 26 |
| (iii) The voters of the district approve a proposition |
|
|
|
09500HB0410ham001 |
- 28 - |
LRB095 06518 BDD 34129 a |
|
| 1 |
| for the issuance of
the bonds at a referendum held after | 2 |
| March 19, 1996; and
| 3 |
| (iv) The bonds are issued pursuant to Sections 19-2 | 4 |
| through 19-7 of this
Code.
| 5 |
| (i) Notwithstanding any other provisions of this Section or | 6 |
| the provisions
of any other law, until January 1, 1998, a | 7 |
| community unit school district
maintaining grades K through 12 | 8 |
| may issue bonds up to an amount, including
existing | 9 |
| indebtedness, not exceeding 27% of the equalized assessed value | 10 |
| of the
taxable property in the district, if all of the | 11 |
| following conditions are met:
| 12 |
| (i) The school district has an equalized assessed | 13 |
| valuation for calendar
year 1995 of less than $44,600,000;
| 14 |
| (ii) The bonds are issued for the capital improvement, | 15 |
| renovation,
rehabilitation, or replacement
of existing | 16 |
| school buildings of the district, all of which
existing | 17 |
| buildings were originally constructed not less than 80 | 18 |
| years ago;
| 19 |
| (iii) The voters of the district approve a proposition | 20 |
| for the issuance of
the bonds at a referendum held after | 21 |
| December 31, 1996; and
| 22 |
| (iv) The bonds are issued pursuant to Sections 19-2 | 23 |
| through 19-7 of this
Code.
| 24 |
| (j) Notwithstanding any other provisions of this Section or | 25 |
| the
provisions of any other law, until January 1, 1999, a | 26 |
| community unit school
district maintaining grades K through 12 |
|
|
|
09500HB0410ham001 |
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LRB095 06518 BDD 34129 a |
|
| 1 |
| may issue bonds up to an amount,
including existing | 2 |
| indebtedness, not exceeding 27% of the equalized assessed
value | 3 |
| of the taxable property in the district if all of the following
| 4 |
| conditions are met:
| 5 |
| (i) The school district has an equalized assessed | 6 |
| valuation for calendar
year 1995 of less than $140,000,000 | 7 |
| and a best 3 months
average daily
attendance for the | 8 |
| 1995-96 school year of at least 2,800;
| 9 |
| (ii) The bonds are issued to purchase a site and build | 10 |
| and equip a new
high school, and the school district's | 11 |
| existing high school was originally
constructed not less | 12 |
| than 35
years prior to the sale of the bonds;
| 13 |
| (iii) At the time of the sale of the bonds, the board | 14 |
| of education
determines
by resolution that a new high | 15 |
| school is needed because of projected enrollment
| 16 |
| increases;
| 17 |
| (iv) At least 60% of those voting in an election held
| 18 |
| after December 31, 1996 approve a proposition
for the | 19 |
| issuance of
the bonds; and
| 20 |
| (v) The bonds are issued pursuant to Sections 19-2 | 21 |
| through
19-7 of this Code.
| 22 |
| (k) Notwithstanding the debt limitation prescribed in | 23 |
| subsection (a) of
this Section, a school district that meets | 24 |
| all the criteria set forth in
paragraphs (1) through (4) of | 25 |
| this subsection (k) may issue bonds to incur an
additional | 26 |
| indebtedness in an amount not to exceed $4,000,000 even though |
|
|
|
09500HB0410ham001 |
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LRB095 06518 BDD 34129 a |
|
| 1 |
| the
amount of the additional indebtedness authorized by this | 2 |
| subsection (k), when
incurred and added to the aggregate amount | 3 |
| of indebtedness of the school
district existing immediately | 4 |
| prior to the school district incurring such
additional | 5 |
| indebtedness, causes the aggregate indebtedness of the school
| 6 |
| district to exceed or increases the amount by which the | 7 |
| aggregate indebtedness
of the district already exceeds the debt | 8 |
| limitation otherwise applicable to
that school district under | 9 |
| subsection (a):
| 10 |
| (1) the school district is located in 2 counties, and a | 11 |
| referendum to
authorize the additional indebtedness was | 12 |
| approved by a majority of the voters
of the school district | 13 |
| voting on the proposition to authorize that
indebtedness;
| 14 |
| (2) the additional indebtedness is for the purpose of | 15 |
| financing a
multi-purpose room addition to the existing | 16 |
| high school;
| 17 |
| (3) the additional indebtedness, together with the | 18 |
| existing indebtedness
of the school district, shall not | 19 |
| exceed 17.4% of the value of the taxable
property in the | 20 |
| school district, to be ascertained by the last assessment | 21 |
| for
State and county taxes; and
| 22 |
| (4) the bonds evidencing the additional indebtedness | 23 |
| are issued, if at
all, within 120 days of the effective | 24 |
| date of this amendatory Act of 1998.
| 25 |
| (l) Notwithstanding any other provisions of this Section or | 26 |
| the
provisions of any other law, until January 1, 2000, a |
|
|
|
09500HB0410ham001 |
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LRB095 06518 BDD 34129 a |
|
| 1 |
| school district
maintaining grades kindergarten through 8 may | 2 |
| issue bonds up to an amount,
including existing indebtedness, | 3 |
| not exceeding 15% of the equalized assessed
value of the | 4 |
| taxable property in the district if all of the following
| 5 |
| conditions are met:
| 6 |
| (i) the district has an equalized assessed valuation | 7 |
| for calendar year
1996 of less than $10,000,000;
| 8 |
| (ii) the bonds are issued for capital improvement, | 9 |
| renovation,
rehabilitation, or replacement of one or more | 10 |
| school buildings of the district,
which buildings were | 11 |
| originally constructed not less than 70 years ago;
| 12 |
| (iii) the voters of the district approve a proposition | 13 |
| for the issuance of
the bonds at a referendum held on or | 14 |
| after March 17, 1998; and
| 15 |
| (iv) the bonds are issued pursuant to Sections 19-2 | 16 |
| through 19-7 of this
Code.
| 17 |
| (m) Notwithstanding any other provisions of this Section or | 18 |
| the provisions
of
any other law, until January 1, 1999, an | 19 |
| elementary school district maintaining
grades K through 8 may | 20 |
| issue bonds up to an amount, excluding existing
indebtedness, | 21 |
| not exceeding 18% of the equalized assessed value of the | 22 |
| taxable
property in the district, if all of the following | 23 |
| conditions are met:
| 24 |
| (i) The school district has an equalized assessed | 25 |
| valuation for calendar
year 1995 or less than $7,700,000;
| 26 |
| (ii) The school district operates 2 elementary |
|
|
|
09500HB0410ham001 |
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LRB095 06518 BDD 34129 a |
|
| 1 |
| attendance centers that
until
1976 were operated as the | 2 |
| attendance centers of 2 separate and distinct school
| 3 |
| districts;
| 4 |
| (iii) The bonds are issued for the construction of a | 5 |
| new elementary school
building to replace an existing | 6 |
| multi-level elementary school building of the
school | 7 |
| district that is not handicapped accessible at all levels | 8 |
| and parts of
which were constructed more than 75 years ago;
| 9 |
| (iv) The voters of the school district approve a | 10 |
| proposition for the
issuance of the bonds at a referendum | 11 |
| held after July 1, 1998; and
| 12 |
| (v) The bonds are issued pursuant to Sections 19-2 | 13 |
| through 19-7 of this
Code.
| 14 |
| (n) Notwithstanding the debt limitation prescribed in | 15 |
| subsection (a) of
this Section or any other provisions of this | 16 |
| Section or of any other law, a
school district that meets all | 17 |
| of the criteria set forth in paragraphs (i)
through (vi) of | 18 |
| this subsection (n) may incur additional indebtedness by the
| 19 |
| issuance of bonds in an amount not exceeding the amount | 20 |
| certified by the
Capital Development Board to the school | 21 |
| district as provided in paragraph (iii)
of
this subsection (n), | 22 |
| even though the amount of the additional indebtedness so
| 23 |
| authorized, when incurred and added to the aggregate amount of | 24 |
| indebtedness of
the district existing immediately prior to the | 25 |
| district incurring the
additional indebtedness authorized by | 26 |
| this subsection (n), causes the aggregate
indebtedness of the |
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| district to exceed the debt limitation otherwise applicable
by | 2 |
| law to that district:
| 3 |
| (i) The school district applies to the State Board of | 4 |
| Education for a
school construction project grant and | 5 |
| submits a district facilities plan in
support
of its | 6 |
| application pursuant to Section 5-20 of
the School | 7 |
| Construction Law.
| 8 |
| (ii) The school district's application and facilities | 9 |
| plan are approved
by,
and the district receives a grant | 10 |
| entitlement for a school construction project
issued by, | 11 |
| the State Board of Education under the School Construction | 12 |
| Law.
| 13 |
| (iii) The school district has exhausted its bonding | 14 |
| capacity or the unused
bonding capacity of the district is | 15 |
| less than the amount certified by the
Capital Development | 16 |
| Board to the district under Section 5-15 of the School
| 17 |
| Construction Law as the dollar amount of the school | 18 |
| construction project's cost
that the district will be | 19 |
| required to finance with non-grant funds in order to
| 20 |
| receive a school construction project grant under the | 21 |
| School Construction Law.
| 22 |
| (iv) The bonds are issued for a "school construction | 23 |
| project", as that
term is defined in Section 5-5 of the | 24 |
| School Construction Law, in an amount
that does not exceed | 25 |
| the dollar amount certified, as provided in paragraph
(iii) | 26 |
| of this subsection (n), by the Capital Development Board
to |
|
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| the school
district under Section 5-15 of the School | 2 |
| Construction Law.
| 3 |
| (v) The voters of the district approve a proposition | 4 |
| for the issuance of
the bonds at a referendum held after | 5 |
| the criteria specified in paragraphs (i)
and (iii) of this | 6 |
| subsection (n) are met.
| 7 |
| (vi) The bonds are issued pursuant to Sections 19-2 | 8 |
| through 19-7 of the
School Code.
| 9 |
| (o) Notwithstanding any other provisions of this Section or | 10 |
| the
provisions of any other law, until November 1, 2007, a | 11 |
| community unit
school district maintaining grades K through 12 | 12 |
| may issue bonds up to
an amount, including existing | 13 |
| indebtedness, not exceeding 20% of the
equalized assessed value | 14 |
| of the taxable property in the district if all of the
following | 15 |
| conditions are met:
| 16 |
| (i) the school district has an equalized assessed | 17 |
| valuation
for calendar year 2001 of at least $737,000,000 | 18 |
| and an enrollment
for the 2002-2003 school year of at least | 19 |
| 8,500;
| 20 |
| (ii) the bonds are issued to purchase school sites, | 21 |
| build and
equip a new high school, build and equip a new | 22 |
| junior high school,
build and equip 5 new elementary | 23 |
| schools, and make technology
and other improvements and | 24 |
| additions to existing schools;
| 25 |
| (iii) at the time of the sale of the bonds, the board | 26 |
| of
education determines by resolution that the sites and |
|
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| new or
improved facilities are needed because of projected | 2 |
| enrollment
increases;
| 3 |
| (iv) at least 57% of those voting in a general election | 4 |
| held
prior to January 1, 2003 approved a proposition for | 5 |
| the issuance of
the bonds; and
| 6 |
| (v) the bonds are issued pursuant to Sections 19-2 | 7 |
| through
19-7 of this Code.
| 8 |
| (p) Notwithstanding any other provisions of this Section or | 9 |
| the provisions of any other law, a community unit school | 10 |
| district maintaining grades K through 12 may issue bonds up to | 11 |
| an amount, including indebtedness, not exceeding 27% of the | 12 |
| equalized assessed value of the taxable property in the | 13 |
| district if all of the following conditions are met: | 14 |
| (i) The school district has an equalized assessed | 15 |
| valuation for calendar year 2001 of at least $295,741,187 | 16 |
| and a best 3 months' average daily attendance for the | 17 |
| 2002-2003 school year of at least 2,394. | 18 |
| (ii) The bonds are issued to build and equip 3 | 19 |
| elementary school buildings; build and equip one middle | 20 |
| school building; and alter, repair, improve, and equip all | 21 |
| existing school buildings in the district. | 22 |
| (iii) At the time of the sale of the bonds, the board | 23 |
| of education determines by resolution that the project is | 24 |
| needed because of expanding growth in the school district | 25 |
| and a projected enrollment increase. | 26 |
| (iv) The bonds are issued pursuant to Sections 19-2 |
|
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| through 19-7 of this Code.
| 2 |
| (p-5) Notwithstanding any other provisions of this Section | 3 |
| or the provisions of any other law, bonds issued by a community | 4 |
| unit school district maintaining grades K through 12 shall not | 5 |
| be considered indebtedness for purposes of any statutory | 6 |
| limitation and may be issued in an amount or amounts, including | 7 |
| existing indebtedness, in excess of any heretofore or hereafter | 8 |
| imposed statutory limitation as to indebtedness, if all of the | 9 |
| following conditions are met: | 10 |
| (i) For each of the 4 most recent years, residential | 11 |
| property comprises more than 80% of the equalized assessed | 12 |
| valuation of the district. | 13 |
| (ii) At least 2 school buildings that were constructed | 14 |
| 40 or more years prior to the issuance of the bonds will be | 15 |
| demolished and will be replaced by new buildings or | 16 |
| additions to one or more existing buildings. | 17 |
| (iii) Voters of the district approve a proposition for | 18 |
| the issuance of the bonds at a regularly scheduled | 19 |
| election. | 20 |
| (iv) At the time of the sale of the bonds, the school | 21 |
| board determines by resolution that the new buildings or | 22 |
| building additions are needed because of an increase in | 23 |
| enrollment projected by the school board. | 24 |
| (v) The principal amount of the bonds, including | 25 |
| existing indebtedness, does not exceed 25% of the equalized | 26 |
| assessed value of the taxable property in the district. |
|
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| (vi) The bonds are issued prior to January 1, 2007, | 2 |
| pursuant to Sections 19-2 through 19-7 of this Code.
| 3 |
| (p-10) Notwithstanding any other provisions of this | 4 |
| Section or the provisions of any other law, bonds issued by a | 5 |
| community consolidated school district maintaining grades K | 6 |
| through 8 shall not be considered indebtedness for purposes of | 7 |
| any statutory limitation and may be issued in an amount or | 8 |
| amounts, including existing indebtedness, in excess of any | 9 |
| heretofore or hereafter imposed statutory limitation as to | 10 |
| indebtedness, if all of the following conditions are met: | 11 |
| (i) For each of the 4 most recent years, residential | 12 |
| and farm property comprises more than 80% of the equalized | 13 |
| assessed valuation of the district. | 14 |
| (ii) The bond proceeds are to be used to acquire and | 15 |
| improve school sites and build and equip a school building. | 16 |
| (iii) Voters of the district approve a proposition for | 17 |
| the issuance of the bonds at a regularly scheduled | 18 |
| election. | 19 |
| (iv) At the time of the sale of the bonds, the school | 20 |
| board determines by resolution that the school sites and | 21 |
| building additions are needed because of an increase in | 22 |
| enrollment projected by the school board. | 23 |
| (v) The principal amount of the bonds, including | 24 |
| existing indebtedness, does not exceed 20% of the equalized | 25 |
| assessed value of the taxable property in the district. | 26 |
| (vi) The bonds are issued prior to January 1, 2007, |
|
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| pursuant to Sections 19-2 through 19-7 of this Code.
| 2 |
| (p-15) In addition to all other authority to issue bonds, | 3 |
| the Oswego Community Unit School District Number 308 may issue | 4 |
| bonds with an aggregate principal amount not to exceed | 5 |
| $450,000,000, but only if all of the following conditions are | 6 |
| met: | 7 |
| (i) The voters of the district have approved a | 8 |
| proposition for the bond issue at the general election held | 9 |
| on November 7, 2006. | 10 |
| (ii) At the time of the sale of the bonds, the school | 11 |
| board determines, by resolution, that: (A) the building and | 12 |
| equipping of the new high school building, new junior high | 13 |
| school buildings, new elementary school buildings, early | 14 |
| childhood building, maintenance building, transportation | 15 |
| facility, and additions to existing school buildings, the | 16 |
| altering, repairing, equipping, and provision of | 17 |
| technology improvements to existing school buildings, and | 18 |
| the acquisition and improvement of school sites, as the | 19 |
| case may be, are required as a result of a projected | 20 |
| increase in the enrollment of students in the district; and | 21 |
| (B) the sale of bonds for these purposes is authorized by | 22 |
| legislation that exempts the debt incurred on the bonds | 23 |
| from the district's statutory debt limitation.
| 24 |
| (iii) The bonds are issued, in one or more bond issues, | 25 |
| on or before November 7, 2011, but the aggregate principal | 26 |
| amount issued in all such bond issues combined must not |
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| exceed $450,000,000.
| 2 |
| (iv) The bonds are issued in accordance with this | 3 |
| Article 19. | 4 |
| (v) The proceeds of the bonds are used only to | 5 |
| accomplish those projects approved by the voters at the | 6 |
| general election held on November 7, 2006. | 7 |
| The debt incurred on any bonds issued under this subsection | 8 |
| (p-15) shall not be considered indebtedness for purposes of any | 9 |
| statutory debt limitation.
| 10 |
| (p-20) In addition to all other authority to issue bonds, | 11 |
| the Lincoln-Way Community High School District Number 210 may | 12 |
| issue bonds with an aggregate principal amount not to exceed | 13 |
| $225,000,000, but only if all of the following conditions are | 14 |
| met: | 15 |
| (i) The voters of the district have approved a | 16 |
| proposition for the bond issue at the general primary | 17 |
| election held on March 21, 2006. | 18 |
| (ii) At the time of the sale of the bonds, the school | 19 |
| board determines, by resolution, that: (A) the building and | 20 |
| equipping of the new high school buildings, the altering, | 21 |
| repairing, and equipping of existing school buildings, and | 22 |
| the improvement of school sites, as the case may be, are | 23 |
| required as a result of a projected increase in the | 24 |
| enrollment of students in the district; and (B) the sale of | 25 |
| bonds for these purposes is authorized by legislation that | 26 |
| exempts the debt incurred on the bonds from the district's |
|
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| 1 |
| statutory debt limitation.
| 2 |
| (iii) The bonds are issued, in one or more bond issues, | 3 |
| on or before March 21, 2011, but the aggregate principal | 4 |
| amount issued in all such bond issues combined must not | 5 |
| exceed $225,000,000.
| 6 |
| (iv) The bonds are issued in accordance with this | 7 |
| Article 19. | 8 |
| (v) The proceeds of the bonds are used only to | 9 |
| accomplish those projects approved by the voters at the | 10 |
| primary election held on March 21, 2006. | 11 |
| The debt incurred on any bonds issued under this subsection | 12 |
| (p-20) shall not be considered indebtedness for purposes of any | 13 |
| statutory debt limitation.
| 14 |
| (q) A school district must notify the State Board of | 15 |
| Education prior to issuing any form of long-term or short-term | 16 |
| debt that will result in outstanding debt that exceeds 75% of | 17 |
| the debt limit specified in this Section or any other provision | 18 |
| of law.
| 19 |
| (r) The debt incurred on any bonds issued under Article 19c | 20 |
| shall not be considered indebtedness for purposes of any | 21 |
| statutory debt limitation.
| 22 |
| (Source: P.A. 93-13, eff. 6-9-03; 93-799, eff. 7-22-04; | 23 |
| 93-1045, eff. 10-15-04; 94-234, eff. 7-1-06; 94-721, eff. | 24 |
| 1-6-06; 94-952, eff. 6-27-06; 94-1019, eff. 7-10-06; 94-1078, | 25 |
| eff. 1-9-07.)". |
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| (105 ILCS 5/Art. 19c heading new)
| 2 |
| ARTICLE 19c. SCHOOL FACILITY REVENUE BONDS | 3 |
| (105 ILCS 5/19c-5 new)
| 4 |
| Sec. 19c-5. School facility revenue bonds. | 5 |
| (a) A school board may, from time to time, issue and | 6 |
| dispose of its interest bearing revenue bonds for | 7 |
| school-facility purposes and may also, from time to time, issue | 8 |
| and dispose of its interest bearing revenue bonds to refund any | 9 |
| bonds at maturity or pursuant to redemption provisions or at | 10 |
| any time before maturity with the consent of the holders | 11 |
| thereof. All such bonds are payable solely from the revenues or | 12 |
| income to be derived from the tax imposed under Section | 13 |
| 5-1006.7 of the Counties Code and from funds, if any, received | 14 |
| and to be received by the school board from any other source. | 15 |
| The bonds may be sold at such price as the school board may | 16 |
| determine to finance and to refund or refinance any and all | 17 |
| bonds issued and sold by the board under this Article. No bonds | 18 |
| issued under this Article, however, may bear interest in excess | 19 |
| of the maximum rate authorized by the Bond Authorization Act, | 20 |
| as amended at the time of the making of the contract, computed | 21 |
| to the maturity of the bonds. The bonds must be issued in | 22 |
| denominations of not less than $100 and not more than $5,000 | 23 |
| and must mature within 20 years from the date that they are | 24 |
| issued. | 25 |
| (b) It is and always has been the intention of the General |
|
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| Assembly (i) that the Omnibus Bond Acts are and always have | 2 |
| been supplementary grants of power to issue instruments in | 3 |
| accordance with the Omnibus Bond Acts, regardless of any | 4 |
| provision of this Act that may appear to be or to have been | 5 |
| more restrictive than those Acts, (ii) that the provisions of | 6 |
| this Section are not a limitation on the supplementary | 7 |
| authority granted by the Omnibus Bond Acts, and (iii) that | 8 |
| instruments issued under this Section within the supplementary | 9 |
| authority granted by the Omnibus Bond Acts are not invalid | 10 |
| because of any provision of this Act that may appear to be or | 11 |
| to have been more restrictive than those Acts. | 12 |
| (c) For the purpose of this Article, "school-facility | 13 |
| purposes" has the same meaning as defined in Section 5-1006.7 | 14 |
| of the Counties Code.
| 15 |
| Section 99. Effective date. This Act takes effect upon | 16 |
| becoming law.".
|
|