Full Text of HB3341 95th General Assembly
HB3341ham001 95TH GENERAL ASSEMBLY
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Rep. Harry R. Ramey Jr.
Filed: 4/17/2007
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| AMENDMENT TO HOUSE BILL 3341
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| AMENDMENT NO. ______. Amend House Bill 3341 by replacing | 3 |
| everything after the enacting clause with the following:
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| "Section 5. The School Code is amended by adding Article | 5 |
| 11F and by changing Section 19-1 as follows: | 6 |
| (105 ILCS 5/Art. 11F heading new)
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| ARTICLE 11F. DIVISION OF LARGE SCHOOL DISTRICTS | 8 |
| (105 ILCS 5/11F-1 new)
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| Sec. 11F-1. Short title. This Article may be cited as the | 10 |
| Meeting Local Educational Needs Law. | 11 |
| (105 ILCS 5/11F-5 new)
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| Sec. 11F-5. Purpose; findings. | 13 |
| (a) This Article provides a mechanism whereby a new | 14 |
| community unit school district may be established from a |
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| portion of the territory of an existing community unit school | 2 |
| district. | 3 |
| (b) The General Assembly hereby determines and declares all | 4 |
| of the following: | 5 |
| (1) That the school needs of certain large regions can | 6 |
| be better met by smaller school districts that can be more | 7 |
| responsive to local needs. In addition, often the needs of | 8 |
| children and citizens of a very large district can be | 9 |
| better served by reducing the size of the district and thus | 10 |
| reducing the scope of its responsibilities. | 11 |
| (2) That economic burdens that can result from | 12 |
| inadequately met school needs fall both upon a region and | 13 |
| upon the State and can include unemployment and | 14 |
| underemployment of workers, increased need for public | 15 |
| assistance, falling property values, a diminished market | 16 |
| for housing, and reduced tax revenues, and, in the event | 17 |
| that families migrate elsewhere to find better educational | 18 |
| opportunities, the burdens may also fall upon the | 19 |
| municipalities and other taxing districts within an area | 20 |
| losing population and property value in the form of reduced | 21 |
| tax revenues, thereby endangering its financial ability to | 22 |
| support necessary governmental services for its remaining | 23 |
| inhabitants. | 24 |
| (3) That the State has a responsibility to help create | 25 |
| a favorable climate for educational opportunities for its | 26 |
| citizens by encouraging the development of vibrant and |
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| dynamic public school systems in this State. | 2 |
| (4) That the main purpose of this Article is to promote | 3 |
| improvement in education, thereby reducing the evils | 4 |
| attendant upon unemployment and underemployment and the | 5 |
| disintegration of community life attendant upon migration | 6 |
| of families from a region and falling property values and | 7 |
| thereby enhancing the public health, safety, morals, | 8 |
| happiness and general welfare of this State. | 9 |
| (5) That while a goal of this State is generally to | 10 |
| reduce the overall number of school districts in this | 11 |
| State, in certain situations very large school districts in | 12 |
| this State draw students from multiple municipalities and | 13 |
| multiple counties, which can cause the district to lack the | 14 |
| uniformity of purpose present in many of this State's | 15 |
| largest school districts. | 16 |
| (105 ILCS 5/11F-10 new)
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| Sec. 11F-10. Definitions. The following terms, whenever | 18 |
| used or referred to in this Article, shall have the following | 19 |
| meanings, except in such instances where the context may | 20 |
| clearly indicate otherwise: | 21 |
| "Detachment" means the detachment of territory as | 22 |
| described in Section 11F-25 of this Code. | 23 |
| "New Board of Education" means the board of education of a | 24 |
| New District, created under this Article. | 25 |
| "New District " means a new community unit school district |
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| created from a portion of an existing community unit school | 2 |
| district under this Article. | 3 |
| "Original District" means an existing community unit | 4 |
| school district, a portion of whose territory is proposed to be | 5 |
| detached to form a New District. | 6 |
| "Territory" means a compact and contiguous area that is | 7 |
| proposed for detachment from an existing community unit school | 8 |
| district and establishment as a separate community unit school | 9 |
| district. | 10 |
| (105 ILCS 5/11F-15 new)
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| Sec. 11F-15. Petition; election area. | 12 |
| (a) A petition under this Article shall be filed with the | 13 |
| Regional Superintendent of Schools of the educational service | 14 |
| region in which the largest part of the Territory described in | 15 |
| the petition is situated, signed by at least 200 voters | 16 |
| residing in the Territory. No petition filed or election held | 17 |
| under this Article shall be null and void, invalidated, or | 18 |
| deemed in noncompliance with the Election Code for failure of | 19 |
| any person or persons to publish a notice of intention to file | 20 |
| such a petition or to attach an affidavit attesting to the | 21 |
| publication of such notice as required under subsection (g) of | 22 |
| Section 28-2 of the Election Code for petitions that are not | 23 |
| filed under Article 11E of this Code. The petition shall | 24 |
| request submission of a proposition at a regularly scheduled | 25 |
| election for the purpose of voting for or against the division |
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| of an Original District into 2 parts, the Territory and the | 2 |
| remainder of the Original District. | 3 |
| (b) The petition shall contain the following: | 4 |
| (1) A description of the Territory proposed for | 5 |
| detachment. Describing the Territory by reference to the | 6 |
| boundaries of other political subdivisions is hereby | 7 |
| authorized, although not required. | 8 |
| (2) Tax rates for the New District. | 9 |
| (3) An aggregate extension base for the New District. | 10 |
| (4) A request that the question of formation of the New | 11 |
| District be placed on the ballot as required in this | 12 |
| Article. | 13 |
| (5) A request that the board of education be elected on | 14 |
| a separate ballot at the same election that the question of | 15 |
| formation of the New District is on the ballot. | 16 |
| (6) Designation of a Committee of Ten, as provided | 17 |
| under subsection (d) of this Section. | 18 |
| (c) The petition may contain the following: | 19 |
| (1) A Debt Service Extension Base for the New District, | 20 |
| if one is desired. | 21 |
| (2) A request that a proposition to issue bonds be | 22 |
| placed on a separate ballot at the same election as the | 23 |
| question of formation of the New District. | 24 |
| (3) A request for authority to issue working cash bonds | 25 |
| in an amount not to exceed 85% of the aggregate extension | 26 |
| base.
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| (d) The petition shall designate a committee of 10 of the | 2 |
| petitioners, any 7 of whom may at any time, prior to the final | 3 |
| decision of the Regional Superintendent, amend the petition in | 4 |
| all respects (except that there may not be an increase or | 5 |
| decrease of more than 25% of the Territory to be included in | 6 |
| the proposed district) and may make binding stipulations on | 7 |
| behalf of all petitioners as to any question with respect to | 8 |
| the petition or hearing. The Regional Superintendent may accept | 9 |
| such stipulation instead of evidence or proof of the matter | 10 |
| stipulated. The committee of petitioners may stipulate to | 11 |
| accountings or waiver thereof between school districts | 12 |
| pursuant to Article 11C of this Code; however, the Regional | 13 |
| Superintendent may refuse to accept the stipulation. Those | 14 |
| designated as the Committee of Ten shall serve in such capacity | 15 |
| until such time as the Regional Superintendent should determine | 16 |
| that, because of death, resignation, transfer of residency from | 17 |
| the Territory, or failure to qualify or for any other reason, | 18 |
| the office of a particular member of the Committee is vacant. | 19 |
| Failure of a person designated as a member of the Committee of | 20 |
| Ten to sign the petition shall not disqualify the person as a | 21 |
| member of the Committee, and the person may sign the petition | 22 |
| at any time prior to final disposition of the petition and the | 23 |
| conclusion of the proceedings to form a unit district, | 24 |
| including all litigation pertaining to the petition or | 25 |
| proceedings. Upon determination by the Regional Superintendent | 26 |
| that such vacancies exist, he or she shall so declare the |
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| vacancies and shall notify the remaining members to appoint a | 2 |
| petitioner or petitioners, as the case may be, to fill the | 3 |
| vacancies in the Committee of Ten so designated. Such | 4 |
| appointment by the Committee of Ten of any such new membership | 5 |
| shall be made by a simple majority vote of the designated | 6 |
| remaining members. The Committee of Ten shall act, unless | 7 |
| otherwise specified in this Article, by majority vote of the | 8 |
| membership. The Committee of Ten may voluntarily dismiss its | 9 |
| petition at any time before the final decision of the Regional | 10 |
| Superintendent. | 11 |
| Alternatively, if a single municipality encompasses 50% or | 12 |
| more of the Territory included in the petition, the petition | 13 |
| may be filed by that municipality, by ordinance approved by a | 14 |
| two-thirds vote of the corporate authorities, and the corporate | 15 |
| authorities by a two-thirds vote thereof may perform any of the | 16 |
| activities that the Committee of Ten is authorized to perform. | 17 |
| The General Assembly declares that when a home rule | 18 |
| municipality files a petition pursuant to this Article, the | 19 |
| municipality is deemed to be taking action pertaining to its | 20 |
| government and affairs as provided for in Section 6 of Article | 21 |
| VII of the Illinois Constitution. | 22 |
| (e) The petition shall state that at that same election at | 23 |
| which the question of formation of the New District is placed | 24 |
| on the ballot, a board of education shall be elected on a | 25 |
| separate ballot to serve as the board of education of the | 26 |
| proposed New District. The election of board members shall |
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| proceed under the supervision of the Regional Superintendent. | 2 |
| The petition may also request that the referendum at which | 3 |
| the proposition is submitted for the purpose of voting for or | 4 |
| against the division of a community unit school district in the | 5 |
| Territory include a proposition on a separate ballot | 6 |
| authorizing the issuance of bonds by the district when | 7 |
| organized, in accordance with this Article. The principal | 8 |
| amount of the bonds and the purposes of issuance shall be | 9 |
| stated in the petition and in all notices and propositions | 10 |
| submitted thereunder. | 11 |
| (f) A petition for the division of an Original District | 12 |
| into 2 parts may be submitted only with respect to an Original | 13 |
| District with an enrollment of more than 30,000 students that | 14 |
| is located in 2 or more municipalities and 2 or more counties, | 15 |
| and which petition, if successful, would result in 2 community | 16 |
| unit school districts, each with an anticipated enrollment of | 17 |
| at least 5,000 students. | 18 |
| (g) The petition shall be filed with the Regional | 19 |
| Superintendent of the educational service region in which the | 20 |
| Territory described in the petition or that part of the | 21 |
| Territory with the largest part of the proposed New District is | 22 |
| located. The Regional Superintendent shall cause a copy of the | 23 |
| petition to be given to each school board of any district | 24 |
| affected by the proposed formation of the New District and the | 25 |
| Regional Superintendent of any other educational service | 26 |
| region in which any part of any affected district is located |
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| and shall cause a notice thereof to be published at least once | 2 |
| each week for 3 successive weeks in at least one newspaper | 3 |
| having general circulation within the area of the Territory of | 4 |
| the proposed district. The Regional Superintendent shall give | 5 |
| such notice within 90 days after receipt of the petition. The | 6 |
| notice shall state when and to whom the petition was presented, | 7 |
| the prayer of the petition, the description of the Territory of | 8 |
| the proposed New District, that school board members for the | 9 |
| New District shall be elected on a separate ballot at the same | 10 |
| election, if requested in the petition, a statement of the | 11 |
| proposition to issue bonds and indicating the amount and | 12 |
| purpose thereof, and the day on which the hearing upon the | 13 |
| petition will be held. Not more than 15 days after the last | 14 |
| date of the required notice, the Regional Superintendent shall | 15 |
| hold a hearing on the petition to determine whether the | 16 |
| petition is in compliance with the signature, size, location, | 17 |
| contiguity, and compactness requirements specified in this | 18 |
| Article and to make findings and conclusions regarding the | 19 |
| criteria enumerated in this Section. | 20 |
| (h) Upon the Regional Superintendent determining that the | 21 |
| petition, as filed or amended, is proper and is in compliance | 22 |
| with any applicable petition requirements set forth in the | 23 |
| Election Code and this Article, he or she shall hear evidence | 24 |
| as to the school needs and conditions of the Territory and in | 25 |
| the area within and adjacent thereto, take into consideration | 26 |
| the division of funds and assets that will result from the |
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| organization of the New District, and determine whether such | 2 |
| division of funds and assets will permit the New District and | 3 |
| the original district sufficient resources to operate viable | 4 |
| unit school district programs. | 5 |
| The Regional Superintendent shall consider all of the | 6 |
| following in reaching his or her decision: | 7 |
| (1) The benefit to students that can come from | 8 |
| increased involvement with their home municipality, | 9 |
| library, and park district, and coordination of activities | 10 |
| of those units of local government with activities of the | 11 |
| new unit school district. | 12 |
| (2) The benefit to students that can come from | 13 |
| increased direct coordination of curricular and | 14 |
| extracurricular activities among the elementary, middle, | 15 |
| and high schools of the New District. | 16 |
| (3) Whether the formation of the New District is in the | 17 |
| best interests and educational welfare of the whole child, | 18 |
| for the children who would attend the schools of the New | 19 |
| District, looking at factors that include, but are not | 20 |
| limited to, (i) whether the students would benefit from a | 21 |
| "community of interest" from the new school district, (ii) | 22 |
| whether the community of interest could lead to increased | 23 |
| participation in extracurricular activities of the schools | 24 |
| of the New District, (iii) whether the community of | 25 |
| interest could lead to equivalent or increased | 26 |
| participation in the social, religious, and commercial |
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| activities of the community, and (iv) whether these same | 2 |
| factors would be diminished in a substantial way for the | 3 |
| students of the Original District. | 4 |
| At the hearing, any resident in the proposed New District | 5 |
| or in any district affected thereby or any Regional | 6 |
| Superintendent entitled by this Section to be given a copy of | 7 |
| the petition may appear in support of the petition or to object | 8 |
| thereto. The Regional Superintendent may adjourn the hearing | 9 |
| from time to time. Within 14 days after the conclusion of the | 10 |
| hearing, the Regional Superintendent shall make a decision by | 11 |
| written order either approving or denying the petition. Upon | 12 |
| the Regional Superintendent approving or denying the petition, | 13 |
| he or she shall submit the petition and all evidence submitted | 14 |
| to the State Superintendent of Education who shall, within 60 | 15 |
| days after receipt of the decision of the Regional | 16 |
| Superintendent, approve or deny the petition. | 17 |
| The State Superintendent of Education shall review the | 18 |
| entire record of the proceedings held before the Regional | 19 |
| Superintendent, including the transcript of the proceedings, | 20 |
| and based upon a review of the same, shall affirm the decision | 21 |
| of the Regional Superintendent unless the State Superintendent | 22 |
| of Education finds that the decision is arbitrary or | 23 |
| capricious. If the State Superintendent of Education denies the | 24 |
| petition, the reasons for the denial must be communicated to | 25 |
| appropriate groups, agencies, or instrumentalities | 26 |
| representing the petitioners. If approved by the State |
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| Superintendent of Education, the petition must be placed on the | 2 |
| ballot at the next regularly scheduled election. If the State | 3 |
| Superintendent fails to act to approve or deny within 60 days, | 4 |
| the petition shall be deemed approved. | 5 |
| The decisions of the Regional Superintendent and the State | 6 |
| Superintendent of Education shall be deemed an "administrative | 7 |
| decision" as defined in Section 3-101 of the Code of Civil | 8 |
| Procedure. Any resident who appears at the hearing, any | 9 |
| petitioner, the Committee of Ten, or the board of education of | 10 |
| any district affected may, within 35 days after a copy of the | 11 |
| decision sought to be reviewed was served by registered mail | 12 |
| upon the party affected thereby, apply for a review of the | 13 |
| decision in accordance with the Administrative Review Law and | 14 |
| the rules adopted pursuant thereto. The commencement of any | 15 |
| action for review shall operate as a supersedeas, and no | 16 |
| further proceedings shall be had until final disposition of the | 17 |
| review. | 18 |
| (i) The election must be held in the entire area of the | 19 |
| Original District. For electors residing in the Original | 20 |
| District, but not in the Territory, the election shall be only | 21 |
| on the question of establishing the New District with specified | 22 |
| tax rate and extension information and not any other questions. | 23 |
| Electors residing in the Territory shall also be asked to vote | 24 |
| on another ballot for members of the Board of Education of the | 25 |
| New District and may also be asked to vote for or against | 26 |
| propositions to issue bonds on behalf of the New District. |
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| (105 ILCS 5/11F-20 new)
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| Sec. 11F-20. Referendum. | 3 |
| (a) The Regional Superintendent of Schools of the | 4 |
| educational service region comprising the largest percentage | 5 |
| of the Territory proposed for disconnection is hereby directed | 6 |
| to certify a question for the ballot at the next general, | 7 |
| general primary, or consolidated election to occur at least 88 | 8 |
| days after the date of the completion of and rendering of a | 9 |
| decision on the hearing. If the Territory encompasses areas | 10 |
| that are beyond the jurisdiction of the Regional Superintendent | 11 |
| or if a district-wide election is required and the Original | 12 |
| District encompasses areas beyond the jurisdiction of the | 13 |
| Regional Superintendent, then the Regional Superintendent | 14 |
| shall certify the appropriate question or questions to the | 15 |
| Regional Superintendent or Superintendents having jurisdiction | 16 |
| of such area or areas for placement on the ballot at the same | 17 |
| election that the certifying Regional Superintendent will | 18 |
| place the question or questions on the ballot. | 19 |
| (b) One or more public questions to create a community unit | 20 |
| school district under this Article, to elect school board | 21 |
| members, and to authorize the issuance of bonds by the newly | 22 |
| created district when organized shall be printed on the ballot | 23 |
| and submitted at the next regularly scheduled election as set | 24 |
| out in this Section, notwithstanding anything to the contrary | 25 |
| in Section 28-1 of the Election Code and notwithstanding any |
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| other propositions that may be presented at the same election. | 2 |
| (c) The referendum shall be conducted in accordance with | 3 |
| the general election law, except as specifically stated in this | 4 |
| Section. | 5 |
| (d) The Notice of the referendum shall be substantially in | 6 |
| the following form: | 7 |
| NOTICE OF REFERENDUM TO DETACH TERRITORY FROM A CERTAIN UNIT
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| SCHOOL DISTRICT AND TO ESTABLISH A NEW UNIT SCHOOL DISTRICT
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| NOTICE is hereby given that on (insert date), a referendum | 10 |
| will be held in part (parts) of .......... county (counties) | 11 |
| for the purpose of voting for or against the proposition to | 12 |
| detach territory from (here name the district from which the | 13 |
| territory is to be detached) and to establish a new unit school | 14 |
| district for the following described territory:
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| (here describe the territory as in the petition)
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| The election is called and will be held pursuant to an | 17 |
| order of the Regional Superintendent of Schools dated on | 18 |
| (insert date), which order states that the tax rates for | 19 |
| educational, operations and maintenance, pupil transportation, | 20 |
| and fire prevention and safety purposes, respectively, for the | 21 |
| proposed new school district shall be as follows for the new | 22 |
| school district for the territory described above: tax rates of |
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| ..... for educational purposes, ..... for operations and | 2 |
| maintenance purposes, ..... for pupil transportation purposes, | 3 |
| and ..... for fire prevention and safety purposes, which rates | 4 |
| shall constitute the tax rates for the school district, if a | 5 |
| majority of the voters voting on the proposition at the | 6 |
| referendum vote in favor thereof.
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| Dated (insert date). | 8 |
| Regional Superintendent of Schools | 9 |
| ..................................
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| (e) The notice shall state that members of the Board of | 11 |
| Education of the New District are to be elected at the same | 12 |
| election at which the proposition to establish the New District | 13 |
| is to be submitted to the voters. | 14 |
| (f) The ballot shall be in substantially the following | 15 |
| form:
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| OFFICIAL BALLOT
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| Shall a new community unit school district be established, | 18 |
| comprising the following territory:
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| (here describe the territory as in the petition) | 20 |
| with an aggregate extension base of ...................., a |
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| debt service extension base of ...................., and | 2 |
| initial taxing authority as follows:
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| (1) .....% for educational purposes and .....% for | 4 |
| operations and maintenance purposes; | 5 |
| (2) .....% for capital improvement purposes; | 6 |
| (3) .....% for transportation purposes; | 7 |
| (4) .....% for special education purposes; | 8 |
| (5) .....% for tort immunity; | 9 |
| (6) .....% for health insurance; and | 10 |
| (7) .....% for fire prevention, safety, energy | 11 |
| conservation, disabled accessibility, school security, and | 12 |
| repair purposes as specified in 105 ILCS 5/17-2.11.
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| The election authority must record the votes as "Yes" or "No".
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| (g) If a majority of the voters voting in the election vote | 15 |
| in favor of the New District, then the proposition shall be | 16 |
| deemed to have passed, and the New District shall be deemed | 17 |
| created with the tax rates specified in the question or other | 18 |
| applicable rates as specified in this Code if no rate is | 19 |
| specified for a particular tax. Notwithstanding anything to the | 20 |
| contrary in Sections 18-210 and 18-212 of the Property Tax | 21 |
| Code, the New District shall have the aggregate extension base | 22 |
| specified in the question and the debt service extension base | 23 |
| specified in the question if one was specified.
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| (105 ILCS 5/11F-25 new)
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| Sec. 11F-25. Creation of New School District.
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| (a) Upon the passage of the referendum, the New District | 3 |
| shall be established. The governing and administrative powers | 4 |
| of the New District shall be vested in a Board of Education | 5 |
| consisting of 7 members, all of whom shall have been elected at | 6 |
| large by voters residing in the Territory at the same regularly | 7 |
| scheduled election as the election establishing the New | 8 |
| District. | 9 |
| (b) The terms of all members of the Board of Education | 10 |
| shall begin on their election. The 7 members elected pursuant | 11 |
| to this Article shall draw lots to determine the length of | 12 |
| their terms. Three shall serve for 2-year terms, and 4 shall | 13 |
| serve for 4-year terms. The Board of Education shall in all | 14 |
| other respects be governed by the provisions of this Code and | 15 |
| as qualified and clarified in this Article. | 16 |
| (c) The Territory comprising the New District shall be | 17 |
| detached from the territory comprising the Original District, | 18 |
| effective on July 1 one year after the July 1 following the | 19 |
| election of the new Board of Education. Title to all school | 20 |
| lands and buildings located within the Territory of the New | 21 |
| District and owned by the Board of Education of the Original | 22 |
| District as of the effective date of the detachment shall vest | 23 |
| in the new Board of Education as of the date of the detachment | 24 |
| of the Territory. | 25 |
| (d) After the election and the organization of the new | 26 |
| Board of Education and prior to the date of detachment as set |
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| forth in subsection (c) of this Section, the new Board of | 2 |
| Education shall have the power to place all necessary public | 3 |
| questions on the ballot of any regularly scheduled election, | 4 |
| including, but not limited to, questions for the purposes set | 5 |
| out in Section 10-22.36 of this Code, and to do all of the | 6 |
| following: | 7 |
| (1) Establish the tax levy for the New District in the | 8 |
| year immediately preceding the year in which the New | 9 |
| District will take effect, in lieu of the levies by the | 10 |
| district from which the New District is formed, within the | 11 |
| time generally provided by law and in accordance with | 12 |
| Section 11F-40 of this Code. The funds produced by such a | 13 |
| levy shall be transferred to the New District as generally | 14 |
| provided by law at such time as they are received by the | 15 |
| county collector. | 16 |
| (2) Enter into agreements with depositories and direct | 17 |
| the deposit and investment of any funds received from the | 18 |
| county collector or any other source, all as generally | 19 |
| provided by law. | 20 |
| (3) Conduct a search for the superintendent of the New | 21 |
| District and enter into a contract with the person selected | 22 |
| to serve as the superintendent of the New District in | 23 |
| accordance with the provisions of this Code generally | 24 |
| applicable to the employment of the superintendent. | 25 |
| (4) Engage the services of accountants, architects, | 26 |
| attorneys, and other consultants, including, but not |
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| limited to, consultants to assist in the search for the | 2 |
| superintendent. | 3 |
| (5) Plan for the transition from the administration of | 4 |
| the schools by the district from which the New District is | 5 |
| formed. | 6 |
| (6) Bargain collectively, pursuant to the Illinois | 7 |
| Educational Labor Relations Act, with the certified | 8 |
| exclusive bargaining representative or certified exclusive | 9 |
| bargaining representatives of the New District's | 10 |
| employees. | 11 |
| (7) Expend the funds received from the levy in order to | 12 |
| permit the district from which the New District is formed | 13 |
| to meet payroll and other essential operating expenses | 14 |
| until the New District takes effect for all purposes. | 15 |
| (8) Expend the funds received from the levy and any | 16 |
| funds received from the district from which the New | 17 |
| District is formed, in the exercise of the powers listed in | 18 |
| this Section. | 19 |
| (9) Issue bonds pursuant to and in accordance with all | 20 |
| of the requirements of Section 17-2.11 of this Code, levy | 21 |
| taxes upon all taxable property within the New District to | 22 |
| pay the principal of and interest on those bonds as | 23 |
| provided in Section 17-2.11 of this Code, expend the | 24 |
| proceeds of the bonds and enter into any necessary | 25 |
| contracts for the work financed therewith as authorized by | 26 |
| Section 17-2.11 of this Code and other applicable law, and |
|
|
|
09500HB3341ham001 |
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| avail itself of the provisions of other applicable law, | 2 |
| including the Omnibus Bond Acts, in connection with the | 3 |
| issuance of those bonds. | 4 |
| (10) Issue working cash bonds or tax anticipation | 5 |
| warrants or both. | 6 |
| (e) After the proposition has been approved at election, | 7 |
| the date on which the change shall become effective for | 8 |
| purposes of administration and attendance may be accelerated or | 9 |
| postponed by stipulation of each of the school boards of the | 10 |
| New District and the Original District and approved by the | 11 |
| Regional Superintendent of Schools with which the original | 12 |
| petition is required to be filed.
| 13 |
| (105 ILCS 5/11F-30 new)
| 14 |
| Sec. 11F-30. Transfer of employment; collective | 15 |
| bargaining. | 16 |
| (a) As of the date of detachment and transfer of real | 17 |
| property described in Section 11F-25 of this Code, the | 18 |
| employment of all full-time, certified employees and of all | 19 |
| full-time, educational-support personnel assigned to the | 20 |
| buildings located in the New District shall be transferred to | 21 |
| the new Board of Education and the New District. Full-time, | 22 |
| certified employees and full-time, educational-support | 23 |
| personnel who are assigned part-time to a building or buildings | 24 |
| that shall be located in the New District and part-time in a | 25 |
| building or buildings located in the Original District shall |
|
|
|
09500HB3341ham001 |
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| 1 |
| have the right to choose to assign their employment to one | 2 |
| District or the other and shall notify the Boards of Education | 3 |
| of both Districts of such choice no later than March 1 of the | 4 |
| year in which the disconnection described in Section 11F-25 of | 5 |
| this Code shall take place. | 6 |
| (b) Employees subject to this Section shall suffer no loss | 7 |
| of accrued benefits of any kind, and all seniority rights of | 8 |
| all such employees shall be honored in the same manner as if no | 9 |
| transfer of employment had occurred. | 10 |
| (c) The exclusive representative of any group of employees | 11 |
| covered by this Section, as "exclusive representative" is | 12 |
| defined in Section 2 of the Illinois Educational Labor | 13 |
| Relations Act, shall be deemed to be and shall be recognized by | 14 |
| the New District as the exclusive representative of employees | 15 |
| transferred to the New District. The new Board of Education | 16 |
| shall have the duty to bargain with the exclusive | 17 |
| representative, subject to the provisions of the Illinois | 18 |
| Educational Labor Relations Act. | 19 |
| (105 ILCS 5/11F-35 new)
| 20 |
| Sec. 11F-35. Accounting and division of assets. As soon as | 21 |
| may be practicable after the passage of a referendum provided | 22 |
| for by this Article, the Regional Superintendent of Schools of | 23 |
| the educational service region in which the largest percentage | 24 |
| of the New District's Territory is located shall conduct an | 25 |
| accounting pursuant to Article 11C of this Code for the purpose |
|
|
|
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| of determining an equitable division of school assets and | 2 |
| property as between the Original District and the New District. | 3 |
| If the result of the accounting is that the Original District | 4 |
| would owe money to the New District, then all such costs must | 5 |
| be forgiven. If the result of the accounting is that the New | 6 |
| District owes money to the Original District, then the New | 7 |
| District shall make such payment as provided in Article 11C of | 8 |
| this Code. For purposes of the accounting, capital assets and | 9 |
| real property must be assessed or appraised on the basis of | 10 |
| insurance replacement costs, and financial assets must be | 11 |
| assessed by means of an audit. The accounting is subject to | 12 |
| administrative review, pursuant to Section 11C-3 of this Code. | 13 |
| (105 ILCS 5/11F-40 new)
| 14 |
| Sec. 11F-40. Tax rates. Initial tax rates shall be as | 15 |
| specified in the ballot question in Section 11F-20 of this Code | 16 |
| or in other applicable provisions of this Code. If the ballot | 17 |
| question is approved, these rates shall be used to develop the | 18 |
| initial levy of the New District. After the election, the rates | 19 |
| established by the ballot may be increased or decreased in the | 20 |
| same manner and within the limits provided by Sections 17-2 | 21 |
| through 17-7 of this Code and the Property Tax Extension | 22 |
| Limitation Law, if applicable. | 23 |
| (105 ILCS 5/11F-45 new)
| 24 |
| Sec. 11F-45. Transfer students under No Child Left Behind |
|
|
|
09500HB3341ham001 |
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| Act. For a period of 10 years after the opening of schools in a | 2 |
| New District created under this Article, the New District shall | 3 |
| accept students electing to transfer from any school in the | 4 |
| Original District that fails to make adequate yearly progress | 5 |
| for at least 2 consecutive years, as required by the federal No | 6 |
| Child Left Behind Act of 2001 and applicable provisions of this | 7 |
| Code, in the same manner as if the New District had never been | 8 |
| created from territory formerly within the Original District. | 9 |
| After 10 years, such transfers shall be subject to agreement | 10 |
| between the districts. | 11 |
| (105 ILCS 5/11F-50 new)
| 12 |
| Sec. 11F-50. Bonded indebtedness. Whenever the boundaries | 13 |
| of any community unit school district are changed by the | 14 |
| detachment of territory and establishment of a New District, | 15 |
| the Original District and the New District, as they exist on | 16 |
| and after such action, shall each assume the bonded | 17 |
| indebtedness, as well as financial obligations to the Capital | 18 |
| Development Board pursuant to Section 35-15 of this Code, of | 19 |
| all of the territory included therein after such change. The | 20 |
| outstanding bonded indebtedness shall be treated as provided in | 21 |
| this Section and in Section 19-29 of this Code. The tax rate | 22 |
| for bonded indebtedness shall be determined in the manner | 23 |
| provided in Section 19-7 of this Code, except that the County | 24 |
| Clerk shall annually extend taxes against all of the taxable | 25 |
| property situated in the county and contained in each such |
|
|
|
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| 1 |
| district as it exists after the formation of the community unit | 2 |
| school district provided for in this Article. | 3 |
| (105 ILCS 5/11F-55 new)
| 4 |
| Sec. 11F-55. Limitations on contesting boundary change. | 5 |
| Neither the People of the State of Illinois, any person or | 6 |
| corporation, private or public, nor any association of persons | 7 |
| shall commence an action contesting either directly or | 8 |
| indirectly the creation of any new school district under the | 9 |
| provisions of this Article, unless the action is commenced (i) | 10 |
| within one year after the order providing for the action shall | 11 |
| have become final, (ii) within one year after the date of the | 12 |
| election provided for in this Article if no proceedings to | 13 |
| contest the election are duly instituted within the time | 14 |
| permitted by law, or (iii) within one year after the final | 15 |
| disposition of any proceedings that may be so instituted to | 16 |
| contest the election; however, where a limitation of a shorter | 17 |
| period is prescribed by statute, the shorter limitation shall | 18 |
| apply, and the limitation set forth in this Section shall not | 19 |
| apply to any order where the judge, body, or officer entering | 20 |
| the order being challenged did not at the time of the entry of | 21 |
| the order have jurisdiction of the subject matter. | 22 |
| (105 ILCS 5/11F-60 new)
| 23 |
| Sec. 11F-60. Limitation on successive petitions. No | 24 |
| affected school district shall be again involved in proceedings |
|
|
|
09500HB3341ham001 |
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| under this Article for at least 2 years after final | 2 |
| determination of the first proceeding, unless during that | 3 |
| 2-year period a petition filed is substantially different than | 4 |
| any other previously filed petition during the previous 2 years | 5 |
| or if an affected district is placed on academic watch status | 6 |
| or the financial watch list by the State Board of Education or | 7 |
| is certified as being in financial difficulty during that | 8 |
| 2-year period.
| 9 |
| (105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
| 10 |
| Sec. 19-1. Debt limitations of school districts.
| 11 |
| (a) School districts shall not be subject to the provisions | 12 |
| limiting their
indebtedness prescribed in "An Act to limit the | 13 |
| indebtedness of counties having
a population of less than | 14 |
| 500,000 and townships, school districts and other
municipal | 15 |
| corporations having a population of less than 300,000", | 16 |
| approved
February 15, 1928, as amended.
| 17 |
| No school districts maintaining grades K through 8 or 9 | 18 |
| through 12
shall become indebted in any manner or for any | 19 |
| purpose to an amount,
including existing indebtedness, in the | 20 |
| aggregate exceeding 6.9% on the
value of the taxable property | 21 |
| therein to be ascertained by the last assessment
for State and | 22 |
| county taxes or, until January 1, 1983, if greater, the sum | 23 |
| that
is produced by multiplying the school district's 1978 | 24 |
| equalized assessed
valuation by the debt limitation percentage | 25 |
| in effect on January 1, 1979,
previous to the incurring of such |
|
|
|
09500HB3341ham001 |
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| indebtedness.
| 2 |
| No school districts maintaining grades K through 12 shall | 3 |
| become
indebted in any manner or for any purpose to an amount, | 4 |
| including
existing indebtedness, in the aggregate exceeding | 5 |
| 13.8% on the value of
the taxable property therein to be | 6 |
| ascertained by the last assessment
for State and county taxes | 7 |
| or, until January 1, 1983, if greater, the sum that
is produced | 8 |
| by multiplying the school district's 1978 equalized assessed
| 9 |
| valuation by the debt limitation percentage in effect on | 10 |
| January 1, 1979,
previous to the incurring of such | 11 |
| indebtedness.
| 12 |
| No partial elementary unit district, as defined in Article | 13 |
| 11E of this Code, shall become indebted in any manner or for | 14 |
| any purpose in an amount, including existing indebtedness, in | 15 |
| the aggregate exceeding 6.9% of the value of the taxable | 16 |
| property of the entire district, to be ascertained by the last | 17 |
| assessment for State and county taxes, plus an amount, | 18 |
| including existing indebtedness, in the aggregate exceeding | 19 |
| 6.9% of the value of the taxable property of that portion of | 20 |
| the district included in the elementary and high school | 21 |
| classification, to be ascertained by the last assessment for | 22 |
| State and county taxes. Moreover, no partial elementary unit | 23 |
| district, as defined in Article 11E of this Code, shall become | 24 |
| indebted on account of bonds issued by the district for high | 25 |
| school purposes in the aggregate exceeding 6.9% of the value of | 26 |
| the taxable property of the entire district, to be ascertained |
|
|
|
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| 1 |
| by the last assessment for State and county taxes, nor shall | 2 |
| the district become indebted on account of bonds issued by the | 3 |
| district for elementary purposes in the aggregate exceeding | 4 |
| 6.9% of the value of the taxable property for that portion of | 5 |
| the district included in the elementary and high school | 6 |
| classification, to be ascertained by the last assessment for | 7 |
| State and county taxes.
| 8 |
| Notwithstanding the provisions of any other law to the | 9 |
| contrary, in any
case in which the voters of a school district | 10 |
| have approved a proposition
for the issuance of bonds of such | 11 |
| school district at an election held prior
to January 1, 1979, | 12 |
| and all of the bonds approved at such election have
not been | 13 |
| issued, the debt limitation applicable to such school district
| 14 |
| during the calendar year 1979 shall be computed by multiplying | 15 |
| the value
of taxable property therein, including personal | 16 |
| property, as ascertained
by the last assessment for State and | 17 |
| county taxes, previous to the incurring
of such indebtedness, | 18 |
| by the percentage limitation applicable to such school
district | 19 |
| under the provisions of this subsection (a).
| 20 |
| (b) Notwithstanding the debt limitation prescribed in | 21 |
| subsection (a)
of this Section, additional indebtedness may be | 22 |
| incurred in an amount
not to exceed the estimated cost of | 23 |
| acquiring or improving school sites
or constructing and | 24 |
| equipping additional building facilities under the
following | 25 |
| conditions:
| 26 |
| (1) Whenever the enrollment of students for the next |
|
|
|
09500HB3341ham001 |
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| school year is
estimated by the board of education to | 2 |
| increase over the actual present
enrollment by not less | 3 |
| than 35% or by not less than 200 students or the
actual | 4 |
| present enrollment of students has increased over the | 5 |
| previous
school year by not less than 35% or by not less | 6 |
| than 200 students and
the board of education determines | 7 |
| that additional school sites or
building facilities are | 8 |
| required as a result of such increase in
enrollment; and
| 9 |
| (2) When the Regional Superintendent of Schools having | 10 |
| jurisdiction
over the school district and the State | 11 |
| Superintendent of Education
concur in such enrollment | 12 |
| projection or increase and approve the need
for such | 13 |
| additional school sites or building facilities and the
| 14 |
| estimated cost thereof; and
| 15 |
| (3) When the voters in the school district approve a | 16 |
| proposition for
the issuance of bonds for the purpose of | 17 |
| acquiring or improving such
needed school sites or | 18 |
| constructing and equipping such needed additional
building | 19 |
| facilities at an election called and held for that purpose.
| 20 |
| Notice of such an election shall state that the amount of | 21 |
| indebtedness
proposed to be incurred would exceed the debt | 22 |
| limitation otherwise
applicable to the school district. | 23 |
| The ballot for such proposition
shall state what percentage | 24 |
| of the equalized assessed valuation will be
outstanding in | 25 |
| bonds if the proposed issuance of bonds is approved by
the | 26 |
| voters; or
|
|
|
|
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| 1 |
| (4) Notwithstanding the provisions of paragraphs (1) | 2 |
| through (3) of
this subsection (b), if the school board | 3 |
| determines that additional
facilities are needed to | 4 |
| provide a quality educational program and not
less than 2/3 | 5 |
| of those voting in an election called by the school board
| 6 |
| on the question approve the issuance of bonds for the | 7 |
| construction of
such facilities, the school district may | 8 |
| issue bonds for this
purpose; or
| 9 |
| (5) Notwithstanding the provisions of paragraphs (1) | 10 |
| through (3) of this
subsection (b), if (i) the school | 11 |
| district has previously availed itself of the
provisions of | 12 |
| paragraph (4) of this subsection (b) to enable it to issue | 13 |
| bonds,
(ii) the voters of the school district have not | 14 |
| defeated a proposition for the
issuance of bonds since the | 15 |
| referendum described in paragraph (4) of this
subsection | 16 |
| (b) was held, (iii) the school board determines that | 17 |
| additional
facilities are needed to provide a quality | 18 |
| educational program, and (iv) a
majority of those voting in | 19 |
| an election called by the school board on the
question | 20 |
| approve the issuance of bonds for the construction of such | 21 |
| facilities,
the school district may issue bonds for this | 22 |
| purpose.
| 23 |
| In no event shall the indebtedness incurred pursuant to | 24 |
| this
subsection (b) and the existing indebtedness of the school | 25 |
| district
exceed 15% of the value of the taxable property | 26 |
| therein to be
ascertained by the last assessment for State and |
|
|
|
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| 1 |
| county taxes, previous
to the incurring of such indebtedness | 2 |
| or, until January 1, 1983, if greater,
the sum that is produced | 3 |
| by multiplying the school district's 1978 equalized
assessed | 4 |
| valuation by the debt limitation percentage in effect on | 5 |
| January 1,
1979.
| 6 |
| The indebtedness provided for by this subsection (b) shall | 7 |
| be in
addition to and in excess of any other debt limitation.
| 8 |
| (c) Notwithstanding the debt limitation prescribed in | 9 |
| subsection (a)
of this Section, in any case in which a public | 10 |
| question for the issuance
of bonds of a proposed school | 11 |
| district maintaining grades kindergarten
through 12 received | 12 |
| at least 60% of the valid ballots cast on the question at
an | 13 |
| election held on or prior to November 8, 1994, and in which the | 14 |
| bonds
approved at such election have not been issued, the | 15 |
| school district pursuant to
the requirements of Section 11A-10 | 16 |
| (now repealed) may issue the total amount of bonds approved
at | 17 |
| such election for the purpose stated in the question.
| 18 |
| (d) Notwithstanding the debt limitation prescribed in | 19 |
| subsection (a)
of this Section, a school district that meets | 20 |
| all the criteria set forth in
paragraphs (1) and (2) of this | 21 |
| subsection (d) may incur an additional
indebtedness in an | 22 |
| amount not to exceed $4,500,000, even though the amount of
the | 23 |
| additional indebtedness authorized by this subsection (d), | 24 |
| when incurred
and added to the aggregate amount of indebtedness | 25 |
| of the district existing
immediately prior to the district | 26 |
| incurring the additional indebtedness
authorized by this |
|
|
|
09500HB3341ham001 |
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| 1 |
| subsection (d), causes the aggregate indebtedness of the
| 2 |
| district to exceed the debt limitation otherwise applicable to | 3 |
| that district
under subsection (a):
| 4 |
| (1) The additional indebtedness authorized by this | 5 |
| subsection (d) is
incurred by the school district through | 6 |
| the issuance of bonds under and in
accordance with Section | 7 |
| 17-2.11a for the purpose of replacing a school
building | 8 |
| which, because of mine subsidence damage, has been closed | 9 |
| as provided
in paragraph (2) of this subsection (d) or | 10 |
| through the issuance of bonds under
and in accordance with | 11 |
| Section 19-3 for the purpose of increasing the size of,
or | 12 |
| providing for additional functions in, such replacement | 13 |
| school buildings, or
both such purposes.
| 14 |
| (2) The bonds issued by the school district as provided | 15 |
| in paragraph (1)
above are issued for the purposes of | 16 |
| construction by the school district of
a new school | 17 |
| building pursuant to Section 17-2.11, to replace an | 18 |
| existing
school building that, because of mine subsidence | 19 |
| damage, is closed as of the
end of the 1992-93 school year | 20 |
| pursuant to action of the regional
superintendent of | 21 |
| schools of the educational service region in which the
| 22 |
| district is located under Section 3-14.22 or are issued for | 23 |
| the purpose of
increasing the size of, or providing for | 24 |
| additional functions in, the new
school building being | 25 |
| constructed to replace a school building closed as the
| 26 |
| result of mine subsidence damage, or both such purposes.
|
|
|
|
09500HB3341ham001 |
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| 1 |
| (e) (Blank).
| 2 |
| (f) Notwithstanding the provisions of subsection (a) of | 3 |
| this Section or of
any other law, bonds in not to exceed the | 4 |
| aggregate amount of $5,500,000 and
issued by a school district | 5 |
| meeting the following criteria shall not be
considered | 6 |
| indebtedness for purposes of any statutory limitation and may | 7 |
| be
issued in an amount or amounts, including existing | 8 |
| indebtedness, in excess of
any heretofore or hereafter imposed | 9 |
| statutory limitation as to indebtedness:
| 10 |
| (1) At the time of the sale of such bonds, the board of | 11 |
| education of the
district shall have determined by | 12 |
| resolution that the enrollment of students in
the district | 13 |
| is projected to increase by not less than 7% during each of | 14 |
| the
next succeeding 2 school years.
| 15 |
| (2) The board of education shall also determine by | 16 |
| resolution that the
improvements to be financed with the | 17 |
| proceeds of the bonds are needed because
of the projected | 18 |
| enrollment increases.
| 19 |
| (3) The board of education shall also determine by | 20 |
| resolution that the
projected increases in enrollment are | 21 |
| the result of improvements made or
expected to be made to | 22 |
| passenger rail facilities located in the school
district.
| 23 |
| Notwithstanding the provisions of subsection (a) of this | 24 |
| Section or of any other law, a school district that has availed | 25 |
| itself of the provisions of this subsection (f) prior to July | 26 |
| 22, 2004 (the effective date of Public Act 93-799) may also |
|
|
|
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| 1 |
| issue bonds approved by referendum up to an amount, including | 2 |
| existing indebtedness, not exceeding 25% of the equalized | 3 |
| assessed value of the taxable property in the district if all | 4 |
| of the conditions set forth in items (1), (2), and (3) of this | 5 |
| subsection (f) are met.
| 6 |
| (g) Notwithstanding the provisions of subsection (a) of | 7 |
| this Section or any
other law, bonds in not to exceed an | 8 |
| aggregate amount of 25% of the equalized
assessed value of the | 9 |
| taxable property of a school district and issued by a
school | 10 |
| district meeting the criteria in paragraphs (i) through (iv) of | 11 |
| this
subsection shall not be considered indebtedness for | 12 |
| purposes of any statutory
limitation and may be issued pursuant | 13 |
| to resolution of the school board in an
amount or amounts, | 14 |
| including existing indebtedness, in
excess of any statutory | 15 |
| limitation of indebtedness heretofore or hereafter
imposed:
| 16 |
| (i) The bonds are issued for the purpose of | 17 |
| constructing a new high school
building to replace two | 18 |
| adjacent existing buildings which together house a
single | 19 |
| high school, each of which is more than 65 years old, and | 20 |
| which together
are located on more than 10 acres and less | 21 |
| than 11 acres of property.
| 22 |
| (ii) At the time the resolution authorizing the | 23 |
| issuance of the bonds is
adopted, the cost of constructing | 24 |
| a new school building to replace the existing
school | 25 |
| building is less than 60% of the cost of repairing the | 26 |
| existing school
building.
|
|
|
|
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|
| 1 |
| (iii) The sale of the bonds occurs before July 1, 1997.
| 2 |
| (iv) The school district issuing the bonds is a unit | 3 |
| school district
located in a county of less than 70,000 and | 4 |
| more than 50,000 inhabitants,
which has an average daily | 5 |
| attendance of less than 1,500 and an equalized
assessed | 6 |
| valuation of less than $29,000,000.
| 7 |
| (h) Notwithstanding any other provisions of this Section or | 8 |
| the
provisions of any other law, until January 1, 1998, a | 9 |
| community unit school
district maintaining grades K through 12 | 10 |
| may issue bonds up to an amount,
including existing | 11 |
| indebtedness, not exceeding 27.6% of the equalized assessed
| 12 |
| value of the taxable property in the district, if all of the | 13 |
| following
conditions are met:
| 14 |
| (i) The school district has an equalized assessed | 15 |
| valuation for calendar
year 1995 of less than $24,000,000;
| 16 |
| (ii) The bonds are issued for the capital improvement, | 17 |
| renovation,
rehabilitation, or replacement of existing | 18 |
| school buildings of the district,
all of which buildings | 19 |
| were originally constructed not less than 40 years ago;
| 20 |
| (iii) The voters of the district approve a proposition | 21 |
| for the issuance of
the bonds at a referendum held after | 22 |
| March 19, 1996; and
| 23 |
| (iv) The bonds are issued pursuant to Sections 19-2 | 24 |
| through 19-7 of this
Code.
| 25 |
| (i) Notwithstanding any other provisions of this Section or | 26 |
| the provisions
of any other law, until January 1, 1998, a |
|
|
|
09500HB3341ham001 |
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LRB095 06992 NHT 35011 a |
|
| 1 |
| community unit school district
maintaining grades K through 12 | 2 |
| may issue bonds up to an amount, including
existing | 3 |
| indebtedness, not exceeding 27% of the equalized assessed value | 4 |
| of the
taxable property in the district, if all of the | 5 |
| following conditions are met:
| 6 |
| (i) The school district has an equalized assessed | 7 |
| valuation for calendar
year 1995 of less than $44,600,000;
| 8 |
| (ii) The bonds are issued for the capital improvement, | 9 |
| renovation,
rehabilitation, or replacement
of existing | 10 |
| school buildings of the district, all of which
existing | 11 |
| buildings were originally constructed not less than 80 | 12 |
| years ago;
| 13 |
| (iii) The voters of the district approve a proposition | 14 |
| for the issuance of
the bonds at a referendum held after | 15 |
| December 31, 1996; and
| 16 |
| (iv) The bonds are issued pursuant to Sections 19-2 | 17 |
| through 19-7 of this
Code.
| 18 |
| (j) Notwithstanding any other provisions of this Section or | 19 |
| the
provisions of any other law, until January 1, 1999, a | 20 |
| community unit school
district maintaining grades K through 12 | 21 |
| may issue bonds up to an amount,
including existing | 22 |
| indebtedness, not exceeding 27% of the equalized assessed
value | 23 |
| of the taxable property in the district if all of the following
| 24 |
| conditions are met:
| 25 |
| (i) The school district has an equalized assessed | 26 |
| valuation for calendar
year 1995 of less than $140,000,000 |
|
|
|
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| 1 |
| and a best 3 months
average daily
attendance for the | 2 |
| 1995-96 school year of at least 2,800;
| 3 |
| (ii) The bonds are issued to purchase a site and build | 4 |
| and equip a new
high school, and the school district's | 5 |
| existing high school was originally
constructed not less | 6 |
| than 35
years prior to the sale of the bonds;
| 7 |
| (iii) At the time of the sale of the bonds, the board | 8 |
| of education
determines
by resolution that a new high | 9 |
| school is needed because of projected enrollment
| 10 |
| increases;
| 11 |
| (iv) At least 60% of those voting in an election held
| 12 |
| after December 31, 1996 approve a proposition
for the | 13 |
| issuance of
the bonds; and
| 14 |
| (v) The bonds are issued pursuant to Sections 19-2 | 15 |
| through
19-7 of this Code.
| 16 |
| (k) Notwithstanding the debt limitation prescribed in | 17 |
| subsection (a) of
this Section, a school district that meets | 18 |
| all the criteria set forth in
paragraphs (1) through (4) of | 19 |
| this subsection (k) may issue bonds to incur an
additional | 20 |
| indebtedness in an amount not to exceed $4,000,000 even though | 21 |
| the
amount of the additional indebtedness authorized by this | 22 |
| subsection (k), when
incurred and added to the aggregate amount | 23 |
| of indebtedness of the school
district existing immediately | 24 |
| prior to the school district incurring such
additional | 25 |
| indebtedness, causes the aggregate indebtedness of the school
| 26 |
| district to exceed or increases the amount by which the |
|
|
|
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| 1 |
| aggregate indebtedness
of the district already exceeds the debt | 2 |
| limitation otherwise applicable to
that school district under | 3 |
| subsection (a):
| 4 |
| (1) the school district is located in 2 counties, and a | 5 |
| referendum to
authorize the additional indebtedness was | 6 |
| approved by a majority of the voters
of the school district | 7 |
| voting on the proposition to authorize that
indebtedness;
| 8 |
| (2) the additional indebtedness is for the purpose of | 9 |
| financing a
multi-purpose room addition to the existing | 10 |
| high school;
| 11 |
| (3) the additional indebtedness, together with the | 12 |
| existing indebtedness
of the school district, shall not | 13 |
| exceed 17.4% of the value of the taxable
property in the | 14 |
| school district, to be ascertained by the last assessment | 15 |
| for
State and county taxes; and
| 16 |
| (4) the bonds evidencing the additional indebtedness | 17 |
| are issued, if at
all, within 120 days of the effective | 18 |
| date of this amendatory Act of 1998.
| 19 |
| (l) Notwithstanding any other provisions of this Section or | 20 |
| the
provisions of any other law, until January 1, 2000, a | 21 |
| school district
maintaining grades kindergarten through 8 may | 22 |
| issue bonds up to an amount,
including existing indebtedness, | 23 |
| not exceeding 15% of the equalized assessed
value of the | 24 |
| taxable property in the district if all of the following
| 25 |
| conditions are met:
| 26 |
| (i) the district has an equalized assessed valuation |
|
|
|
09500HB3341ham001 |
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| 1 |
| for calendar year
1996 of less than $10,000,000;
| 2 |
| (ii) the bonds are issued for capital improvement, | 3 |
| renovation,
rehabilitation, or replacement of one or more | 4 |
| school buildings of the district,
which buildings were | 5 |
| originally constructed not less than 70 years ago;
| 6 |
| (iii) the voters of the district approve a proposition | 7 |
| for the issuance of
the bonds at a referendum held on or | 8 |
| after March 17, 1998; and
| 9 |
| (iv) the bonds are issued pursuant to Sections 19-2 | 10 |
| through 19-7 of this
Code.
| 11 |
| (m) Notwithstanding any other provisions of this Section or | 12 |
| the provisions
of
any other law, until January 1, 1999, an | 13 |
| elementary school district maintaining
grades K through 8 may | 14 |
| issue bonds up to an amount, excluding existing
indebtedness, | 15 |
| not exceeding 18% of the equalized assessed value of the | 16 |
| taxable
property in the district, if all of the following | 17 |
| conditions are met:
| 18 |
| (i) The school district has an equalized assessed | 19 |
| valuation for calendar
year 1995 or less than $7,700,000;
| 20 |
| (ii) The school district operates 2 elementary | 21 |
| attendance centers that
until
1976 were operated as the | 22 |
| attendance centers of 2 separate and distinct school
| 23 |
| districts;
| 24 |
| (iii) The bonds are issued for the construction of a | 25 |
| new elementary school
building to replace an existing | 26 |
| multi-level elementary school building of the
school |
|
|
|
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| 1 |
| district that is not handicapped accessible at all levels | 2 |
| and parts of
which were constructed more than 75 years ago;
| 3 |
| (iv) The voters of the school district approve a | 4 |
| proposition for the
issuance of the bonds at a referendum | 5 |
| held after July 1, 1998; and
| 6 |
| (v) The bonds are issued pursuant to Sections 19-2 | 7 |
| through 19-7 of this
Code.
| 8 |
| (n) Notwithstanding the debt limitation prescribed in | 9 |
| subsection (a) of
this Section or any other provisions of this | 10 |
| Section or of any other law, a
school district that meets all | 11 |
| of the criteria set forth in paragraphs (i)
through (vi) of | 12 |
| this subsection (n) may incur additional indebtedness by the
| 13 |
| issuance of bonds in an amount not exceeding the amount | 14 |
| certified by the
Capital Development Board to the school | 15 |
| district as provided in paragraph (iii)
of
this subsection (n), | 16 |
| even though the amount of the additional indebtedness so
| 17 |
| authorized, when incurred and added to the aggregate amount of | 18 |
| indebtedness of
the district existing immediately prior to the | 19 |
| district incurring the
additional indebtedness authorized by | 20 |
| this subsection (n), causes the aggregate
indebtedness of the | 21 |
| district to exceed the debt limitation otherwise applicable
by | 22 |
| law to that district:
| 23 |
| (i) The school district applies to the State Board of | 24 |
| Education for a
school construction project grant and | 25 |
| submits a district facilities plan in
support
of its | 26 |
| application pursuant to Section 5-20 of
the School |
|
|
|
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| 1 |
| Construction Law.
| 2 |
| (ii) The school district's application and facilities | 3 |
| plan are approved
by,
and the district receives a grant | 4 |
| entitlement for a school construction project
issued by, | 5 |
| the State Board of Education under the School Construction | 6 |
| Law.
| 7 |
| (iii) The school district has exhausted its bonding | 8 |
| capacity or the unused
bonding capacity of the district is | 9 |
| less than the amount certified by the
Capital Development | 10 |
| Board to the district under Section 5-15 of the School
| 11 |
| Construction Law as the dollar amount of the school | 12 |
| construction project's cost
that the district will be | 13 |
| required to finance with non-grant funds in order to
| 14 |
| receive a school construction project grant under the | 15 |
| School Construction Law.
| 16 |
| (iv) The bonds are issued for a "school construction | 17 |
| project", as that
term is defined in Section 5-5 of the | 18 |
| School Construction Law, in an amount
that does not exceed | 19 |
| the dollar amount certified, as provided in paragraph
(iii) | 20 |
| of this subsection (n), by the Capital Development Board
to | 21 |
| the school
district under Section 5-15 of the School | 22 |
| Construction Law.
| 23 |
| (v) The voters of the district approve a proposition | 24 |
| for the issuance of
the bonds at a referendum held after | 25 |
| the criteria specified in paragraphs (i)
and (iii) of this | 26 |
| subsection (n) are met.
|
|
|
|
09500HB3341ham001 |
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LRB095 06992 NHT 35011 a |
|
| 1 |
| (vi) The bonds are issued pursuant to Sections 19-2 | 2 |
| through 19-7 of the
School Code.
| 3 |
| (o) Notwithstanding any other provisions of this Section or | 4 |
| the
provisions of any other law, until November 1, 2007, a | 5 |
| community unit
school district maintaining grades K through 12 | 6 |
| may issue bonds up to
an amount, including existing | 7 |
| indebtedness, not exceeding 20% of the
equalized assessed value | 8 |
| of the taxable property in the district if all of the
following | 9 |
| conditions are met:
| 10 |
| (i) the school district has an equalized assessed | 11 |
| valuation
for calendar year 2001 of at least $737,000,000 | 12 |
| and an enrollment
for the 2002-2003 school year of at least | 13 |
| 8,500;
| 14 |
| (ii) the bonds are issued to purchase school sites, | 15 |
| build and
equip a new high school, build and equip a new | 16 |
| junior high school,
build and equip 5 new elementary | 17 |
| schools, and make technology
and other improvements and | 18 |
| additions to existing schools;
| 19 |
| (iii) at the time of the sale of the bonds, the board | 20 |
| of
education determines by resolution that the sites and | 21 |
| new or
improved facilities are needed because of projected | 22 |
| enrollment
increases;
| 23 |
| (iv) at least 57% of those voting in a general election | 24 |
| held
prior to January 1, 2003 approved a proposition for | 25 |
| the issuance of
the bonds; and
| 26 |
| (v) the bonds are issued pursuant to Sections 19-2 |
|
|
|
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| 1 |
| through
19-7 of this Code.
| 2 |
| (p) Notwithstanding any other provisions of this Section or | 3 |
| the provisions of any other law, a community unit school | 4 |
| district maintaining grades K through 12 may issue bonds up to | 5 |
| an amount, including indebtedness, not exceeding 27% of the | 6 |
| equalized assessed value of the taxable property in the | 7 |
| district if all of the following conditions are met: | 8 |
| (i) The school district has an equalized assessed | 9 |
| valuation for calendar year 2001 of at least $295,741,187 | 10 |
| and a best 3 months' average daily attendance for the | 11 |
| 2002-2003 school year of at least 2,394. | 12 |
| (ii) The bonds are issued to build and equip 3 | 13 |
| elementary school buildings; build and equip one middle | 14 |
| school building; and alter, repair, improve, and equip all | 15 |
| existing school buildings in the district. | 16 |
| (iii) At the time of the sale of the bonds, the board | 17 |
| of education determines by resolution that the project is | 18 |
| needed because of expanding growth in the school district | 19 |
| and a projected enrollment increase. | 20 |
| (iv) The bonds are issued pursuant to Sections 19-2 | 21 |
| through 19-7 of this Code.
| 22 |
| (p-5) Notwithstanding any other provisions of this Section | 23 |
| or the provisions of any other law, bonds issued by a community | 24 |
| unit school district maintaining grades K through 12 shall not | 25 |
| be considered indebtedness for purposes of any statutory | 26 |
| limitation and may be issued in an amount or amounts, including |
|
|
|
09500HB3341ham001 |
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|
| 1 |
| existing indebtedness, in excess of any heretofore or hereafter | 2 |
| imposed statutory limitation as to indebtedness, if all of the | 3 |
| following conditions are met: | 4 |
| (i) For each of the 4 most recent years, residential | 5 |
| property comprises more than 80% of the equalized assessed | 6 |
| valuation of the district. | 7 |
| (ii) At least 2 school buildings that were constructed | 8 |
| 40 or more years prior to the issuance of the bonds will be | 9 |
| demolished and will be replaced by new buildings or | 10 |
| additions to one or more existing buildings. | 11 |
| (iii) Voters of the district approve a proposition for | 12 |
| the issuance of the bonds at a regularly scheduled | 13 |
| election. | 14 |
| (iv) At the time of the sale of the bonds, the school | 15 |
| board determines by resolution that the new buildings or | 16 |
| building additions are needed because of an increase in | 17 |
| enrollment projected by the school board. | 18 |
| (v) The principal amount of the bonds, including | 19 |
| existing indebtedness, does not exceed 25% of the equalized | 20 |
| assessed value of the taxable property in the district. | 21 |
| (vi) The bonds are issued prior to January 1, 2007, | 22 |
| pursuant to Sections 19-2 through 19-7 of this Code.
| 23 |
| (p-10) Notwithstanding any other provisions of this | 24 |
| Section or the provisions of any other law, bonds issued by a | 25 |
| community consolidated school district maintaining grades K | 26 |
| through 8 shall not be considered indebtedness for purposes of |
|
|
|
09500HB3341ham001 |
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LRB095 06992 NHT 35011 a |
|
| 1 |
| any statutory limitation and may be issued in an amount or | 2 |
| amounts, including existing indebtedness, in excess of any | 3 |
| heretofore or hereafter imposed statutory limitation as to | 4 |
| indebtedness, if all of the following conditions are met: | 5 |
| (i) For each of the 4 most recent years, residential | 6 |
| and farm property comprises more than 80% of the equalized | 7 |
| assessed valuation of the district. | 8 |
| (ii) The bond proceeds are to be used to acquire and | 9 |
| improve school sites and build and equip a school building. | 10 |
| (iii) Voters of the district approve a proposition for | 11 |
| the issuance of the bonds at a regularly scheduled | 12 |
| election. | 13 |
| (iv) At the time of the sale of the bonds, the school | 14 |
| board determines by resolution that the school sites and | 15 |
| building additions are needed because of an increase in | 16 |
| enrollment projected by the school board. | 17 |
| (v) The principal amount of the bonds, including | 18 |
| existing indebtedness, does not exceed 20% of the equalized | 19 |
| assessed value of the taxable property in the district. | 20 |
| (vi) The bonds are issued prior to January 1, 2007, | 21 |
| pursuant to Sections 19-2 through 19-7 of this Code.
| 22 |
| (p-15) In addition to all other authority to issue bonds, | 23 |
| the Oswego Community Unit School District Number 308 may issue | 24 |
| bonds with an aggregate principal amount not to exceed | 25 |
| $450,000,000, but only if all of the following conditions are | 26 |
| met: |
|
|
|
09500HB3341ham001 |
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LRB095 06992 NHT 35011 a |
|
| 1 |
| (i) The voters of the district have approved a | 2 |
| proposition for the bond issue at the general election held | 3 |
| on November 7, 2006. | 4 |
| (ii) At the time of the sale of the bonds, the school | 5 |
| board determines, by resolution, that: (A) the building and | 6 |
| equipping of the new high school building, new junior high | 7 |
| school buildings, new elementary school buildings, early | 8 |
| childhood building, maintenance building, transportation | 9 |
| facility, and additions to existing school buildings, the | 10 |
| altering, repairing, equipping, and provision of | 11 |
| technology improvements to existing school buildings, and | 12 |
| the acquisition and improvement of school sites, as the | 13 |
| case may be, are required as a result of a projected | 14 |
| increase in the enrollment of students in the district; and | 15 |
| (B) the sale of bonds for these purposes is authorized by | 16 |
| legislation that exempts the debt incurred on the bonds | 17 |
| from the district's statutory debt limitation.
| 18 |
| (iii) The bonds are issued, in one or more bond issues, | 19 |
| on or before November 7, 2011, but the aggregate principal | 20 |
| amount issued in all such bond issues combined must not | 21 |
| exceed $450,000,000.
| 22 |
| (iv) The bonds are issued in accordance with this | 23 |
| Article 19. | 24 |
| (v) The proceeds of the bonds are used only to | 25 |
| accomplish those projects approved by the voters at the | 26 |
| general election held on November 7, 2006. |
|
|
|
09500HB3341ham001 |
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LRB095 06992 NHT 35011 a |
|
| 1 |
| The debt incurred on any bonds issued under this subsection | 2 |
| (p-15) shall not be considered indebtedness for purposes of any | 3 |
| statutory debt limitation.
| 4 |
| (p-20) In addition to all other authority to issue bonds, | 5 |
| the Lincoln-Way Community High School District Number 210 may | 6 |
| issue bonds with an aggregate principal amount not to exceed | 7 |
| $225,000,000, but only if all of the following conditions are | 8 |
| met: | 9 |
| (i) The voters of the district have approved a | 10 |
| proposition for the bond issue at the general primary | 11 |
| election held on March 21, 2006. | 12 |
| (ii) At the time of the sale of the bonds, the school | 13 |
| board determines, by resolution, that: (A) the building and | 14 |
| equipping of the new high school buildings, the altering, | 15 |
| repairing, and equipping of existing school buildings, and | 16 |
| the improvement of school sites, as the case may be, are | 17 |
| required as a result of a projected increase in the | 18 |
| enrollment of students in the district; and (B) the sale of | 19 |
| bonds for these purposes is authorized by legislation that | 20 |
| exempts the debt incurred on the bonds from the district's | 21 |
| statutory debt limitation.
| 22 |
| (iii) The bonds are issued, in one or more bond issues, | 23 |
| on or before March 21, 2011, but the aggregate principal | 24 |
| amount issued in all such bond issues combined must not | 25 |
| exceed $225,000,000.
| 26 |
| (iv) The bonds are issued in accordance with this |
|
|
|
09500HB3341ham001 |
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LRB095 06992 NHT 35011 a |
|
| 1 |
| Article 19. | 2 |
| (v) The proceeds of the bonds are used only to | 3 |
| accomplish those projects approved by the voters at the | 4 |
| primary election held on March 21, 2006. | 5 |
| The debt incurred on any bonds issued under this subsection | 6 |
| (p-20) shall not be considered indebtedness for purposes of any | 7 |
| statutory debt limitation.
| 8 |
| (p-25) Notwithstanding the debt limitation prescribed in | 9 |
| subsection (a) of this Section or the provisions of any other | 10 |
| law, any indebtedness assumed under Section 19-29 by a new | 11 |
| school district formed under the provisions and procedures of | 12 |
| Article 11F of this Code shall not be included in the | 13 |
| calculation of the new school district's debt limitation | 14 |
| pursuant to subsection (a) of this Section.
| 15 |
| (q) A school district must notify the State Board of | 16 |
| Education prior to issuing any form of long-term or short-term | 17 |
| debt that will result in outstanding debt that exceeds 75% of | 18 |
| the debt limit specified in this Section or any other provision | 19 |
| of law.
| 20 |
| (Source: P.A. 93-13, eff. 6-9-03; 93-799, eff. 7-22-04; | 21 |
| 93-1045, eff. 10-15-04; 94-234, eff. 7-1-06; 94-721, eff. | 22 |
| 1-6-06; 94-952, eff. 6-27-06; 94-1019, eff. 7-10-06; 94-1078, | 23 |
| eff. 1-9-07.) | 24 |
| Section 90. The State Mandates Act is amended by adding | 25 |
| Section 8.31 as follows: |
|
|
|
09500HB3341ham001 |
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LRB095 06992 NHT 35011 a |
|
| 1 |
| (30 ILCS 805/8.31 new) | 2 |
| Sec. 8.31. Exempt mandate. Notwithstanding Sections 6 and 8 | 3 |
| of this Act, no reimbursement by the State is required for the | 4 |
| implementation of any mandate created by this amendatory Act of | 5 |
| the 95th General Assembly.
| 6 |
| Section 99. Effective date. This Act takes effect upon | 7 |
| becoming law.".
|
|