Full Text of SB2071 95th General Assembly
SB2071eng 95TH GENERAL ASSEMBLY
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 5. The School Code is amended by changing Sections | 5 |
| 17-2.11 and 19-1 as follows:
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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 | 8 |
| money and
issue bonds for fire prevention, safety, energy | 9 |
| conservation, disabled
accessibility, school security, and | 10 |
| specified repair purposes.
Whenever, as a
result of any lawful | 11 |
| order of any agency,
other than a school board, having | 12 |
| authority to enforce any school building code
applicable to any | 13 |
| facility that houses students, or any law or regulation for
the | 14 |
| protection and safety of the environment, pursuant to the | 15 |
| Environmental
Protection Act, any school district having a | 16 |
| population of less than 500,000
inhabitants is required to | 17 |
| alter or reconstruct any school building or
permanent, fixed | 18 |
| equipment; or whenever any such district determines that
it is | 19 |
| necessary for energy conservation purposes that any school | 20 |
| building
or permanent, fixed equipment should be altered or | 21 |
| reconstructed and
that such alterations or reconstruction will | 22 |
| be made with funds not necessary
for the completion of approved | 23 |
| and recommended projects contained in any safety
survey report |
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| 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 | 3 |
| for disabled accessibility purposes and to comply with the | 4 |
| school building
code that any
school building or equipment | 5 |
| should be altered or reconstructed and that such
alterations or | 6 |
| reconstruction will be made with
funds not necessary for the | 7 |
| completion of approved and recommended projects
contained in | 8 |
| 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 | 10 |
| determines that it is
necessary for school
security purposes | 11 |
| and the related protection and safety of pupils and school
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| personnel that any school building or property should be | 13 |
| altered or
reconstructed or that security systems and equipment | 14 |
| (including but not limited
to intercom, early detection and | 15 |
| warning, access control and television
monitoring systems) | 16 |
| should be purchased and installed, and that such
alterations, | 17 |
| reconstruction or purchase and installation of equipment will | 18 |
| be
made with funds not necessary for the completion of approved | 19 |
| and recommended
projects contained in any safety survey report | 20 |
| or amendment thereto authorized
by Section 2-3.12 of this Act | 21 |
| and will deter and prevent unauthorized entry or
activities | 22 |
| upon school property by unknown or dangerous persons, assure | 23 |
| early
detection and advance warning of any such actual or | 24 |
| attempted unauthorized
entry or activities and help assure the | 25 |
| continued safety of pupils and school
staff if any such | 26 |
| unauthorized entry or activity is attempted or occurs;
or if a |
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| school district does not need funds for other fire prevention | 2 |
| and
safety projects, including the completion of approved and | 3 |
| recommended projects
contained in any safety survey report or | 4 |
| amendments thereto authorized by
Section 2-3.12 of this Act, | 5 |
| and it is determined after a public hearing (which
is preceded | 6 |
| 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 | 8 |
| within the school
district and (ii) setting forth the time, | 9 |
| date, place, and general subject
matter of the hearing) that | 10 |
| there is a
substantial, immediate, and otherwise unavoidable | 11 |
| threat to the health, safety,
or welfare of pupils due to | 12 |
| disrepair of school sidewalks, playgrounds, parking
lots, or | 13 |
| school bus turnarounds and repairs must be made: then
in any | 14 |
| such event, such district may, by proper resolution, levy a tax | 15 |
| for the
purpose of making such alteration or reconstruction, | 16 |
| based on a survey report
by an architect or engineer licensed | 17 |
| in the State of Illinois, upon all the
taxable property of the | 18 |
| district at the value as assessed by the Department of
Revenue | 19 |
| at a rate not to exceed .05% per year for a period sufficient | 20 |
| to
finance such alterations, repairs, or reconstruction, upon | 21 |
| the following
conditions:
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| (a) When there are not sufficient funds available in | 23 |
| the operations
and maintenance fund of the district, the | 24 |
| school facility occupation tax fund of the district, or the | 25 |
| fire prevention and safety fund of
the district as | 26 |
| determined by the district on the basis of regulations |
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| adopted
by the State Board of Education to make such | 2 |
| alterations, repairs, or
reconstruction, or to purchase | 3 |
| and install such permanent fixed equipment so
ordered or | 4 |
| determined as necessary. Appropriate school district | 5 |
| records shall
be made available to the State Superintendent | 6 |
| of Education upon request to
confirm such insufficiency.
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| (b) When a certified estimate of an architect or | 8 |
| engineer licensed in the
State of Illinois stating the | 9 |
| estimated amount necessary to make the
alterations or | 10 |
| repairs, or to purchase and install such equipment so | 11 |
| ordered
has been secured by the district, and the estimate | 12 |
| has been approved by the
regional superintendent of | 13 |
| schools, having jurisdiction of the district, and
the State | 14 |
| Superintendent of Education. Approval shall not be granted | 15 |
| for any
work that has already started without the prior | 16 |
| express authorization of the
State Superintendent of | 17 |
| Education. If such estimate is not approved or denied
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| approval by the regional superintendent of schools within 3 | 19 |
| months after the
date on which it is submitted to him or | 20 |
| her, the school board of the district
may submit such | 21 |
| estimate directly to the State Superintendent of Education | 22 |
| for
approval or denial.
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| For purposes of this Section a school district may replace | 24 |
| a school
building or build additions to replace portions of a | 25 |
| building when it is
determined that the effectuation of the | 26 |
| recommendations for the existing
building will cost more than |
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| the replacement costs to be paid for from the proceeds of bonds | 2 |
| issued pursuant to this Section . Such determination shall
be | 3 |
| based on a comparison of estimated costs made by an architect | 4 |
| or engineer
licensed in the State of Illinois. The portion of | 5 |
| the new building or addition paid for from the proceeds of | 6 |
| bonds issued pursuant to this Section shall not exceed the be
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| equivalent in area (square feet) of the buildings or additions | 8 |
| being replaced, shall be and comparable in purpose and grades | 9 |
| served ,
and may be on the same site or another site. Such | 10 |
| replacement may only be done
upon order of the regional | 11 |
| superintendent of schools and the approval of the
State | 12 |
| Superintendent of Education.
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| The filing of a certified copy of the resolution levying | 14 |
| the tax when
accompanied by the certificates of the regional | 15 |
| superintendent of schools and
State Superintendent of | 16 |
| Education shall be the authority of the county clerk to
extend | 17 |
| such tax.
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| The county clerk of the county in which any school district | 19 |
| levying a
tax under the authority of this Section is located, | 20 |
| in reducing raised
levies, shall not consider any such tax as a | 21 |
| part of the general levy
for school purposes and shall not | 22 |
| include the same in the limitation of
any other tax rate which | 23 |
| may be extended.
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| Such tax shall be levied and collected in like manner as | 25 |
| all other
taxes of school districts, subject to the provisions | 26 |
| contained in this Section.
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| The tax rate limit specified in this Section may be | 2 |
| increased to .10%
upon the approval of a proposition to effect | 3 |
| such increase by a majority
of the electors voting on that | 4 |
| proposition at a regular scheduled election.
Such proposition | 5 |
| may be initiated by resolution of the school board and
shall be | 6 |
| certified by the secretary to the proper election authorities | 7 |
| for
submission in accordance with the general election law.
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| When taxes are levied by any school district for fire | 9 |
| prevention,
safety, energy conservation, and school security | 10 |
| purposes as specified in this
Section, and the purposes for | 11 |
| which the taxes have been
levied are accomplished and paid in | 12 |
| full, and there remain funds on hand in
the Fire Prevention and | 13 |
| Safety Fund from the proceeds of the taxes levied,
including | 14 |
| interest earnings thereon, the school board by resolution shall | 15 |
| use
such excess and other board restricted funds excluding bond | 16 |
| proceeds and
earnings from such proceeds (1) for other | 17 |
| authorized fire prevention,
safety, energy conservation, and | 18 |
| school security purposes
or (2) for transfer to the Operations | 19 |
| and Maintenance Fund
for the purpose of abating an equal amount | 20 |
| of operations and maintenance
purposes taxes. If any transfer | 21 |
| is made to the Operation and Maintenance
Fund, the secretary of | 22 |
| the school board shall within 30 days notify
the county clerk | 23 |
| of the amount of that transfer and direct the clerk to
abate | 24 |
| the taxes to be extended for the purposes of operations and
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| maintenance authorized under Section 17-2 of this Act by an | 26 |
| amount equal
to such transfer.
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| If the proceeds from the tax levy authorized by this
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| Section are insufficient to complete the work approved under | 3 |
| this
Section, the school board is authorized to sell bonds | 4 |
| without referendum
under the provisions of this Section in an | 5 |
| amount that, when added to the
proceeds of the tax levy | 6 |
| authorized by this Section, will allow completion
of the | 7 |
| approved work.
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| Such bonds shall bear interest at a rate not to exceed the | 9 |
| maximum rate
authorized by law at the time of the making of the | 10 |
| contract, shall mature
within 20 years from date, and shall be | 11 |
| signed by the president of the school
board and the treasurer | 12 |
| of the school district.
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| In order to authorize and issue such bonds, the school | 14 |
| board shall adopt
a resolution fixing the amount of bonds, the | 15 |
| date thereof, the maturities
thereof, rates of interest | 16 |
| thereof, place of payment and denomination,
which shall be in | 17 |
| denominations of not less than $100 and not more than
$5,000, | 18 |
| and provide for the levy and collection of a direct annual tax | 19 |
| upon
all the taxable property in the school district sufficient | 20 |
| to pay the
principal and interest on such bonds to maturity. | 21 |
| Upon the filing in the
office of the county clerk of the county | 22 |
| in which the school district is
located of a certified copy of | 23 |
| the resolution, it is the duty of the
county clerk to extend | 24 |
| the tax therefor in addition to and in excess of all
other | 25 |
| taxes heretofore or hereafter authorized to be
levied by such | 26 |
| school district.
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| After the time such bonds are issued as provided for by | 2 |
| this Section, if
additional alterations or reconstructions are | 3 |
| required to be made because
of surveys conducted by an | 4 |
| architect or engineer licensed in the State of
Illinois, the | 5 |
| district may levy a tax at a rate not to exceed .05% per year
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| upon all the taxable property of the district or issue | 7 |
| additional bonds,
whichever action shall be the most feasible.
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| This Section is cumulative and constitutes complete | 9 |
| authority for the
issuance of bonds as provided in this Section | 10 |
| notwithstanding any other
statute or law to the contrary.
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| With respect to instruments for the payment of money issued | 12 |
| under this
Section either before, on, or after the effective | 13 |
| date of Public Act 86-004
(June 6, 1989), it is, and always has | 14 |
| been, the intention of the General
Assembly (i) that the | 15 |
| Omnibus Bond Acts are, and always have been,
supplementary | 16 |
| grants of power to issue instruments in accordance with the
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| Omnibus Bond Acts, regardless of any provision of this Act that | 18 |
| may appear
to be or to have been more restrictive than those | 19 |
| Acts, (ii) that the
provisions of this Section are not a | 20 |
| limitation on the supplementary
authority granted by the | 21 |
| Omnibus Bond Acts, and (iii) that instruments
issued under this | 22 |
| Section within the supplementary authority granted by the
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| Omnibus Bond Acts are not invalid because of any provision of | 24 |
| this Act that
may appear to be or to have been more restrictive | 25 |
| than those Acts.
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| When the purposes for which the bonds are issued have been |
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| accomplished
and paid for in full and there remain funds on | 2 |
| hand from the proceeds of
the bond sale and interest earnings | 3 |
| therefrom, the board shall, by
resolution, use such excess | 4 |
| funds in accordance with the provisions of
Section 10-22.14 of | 5 |
| this Act.
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| Whenever any tax is levied or bonds issued for fire | 7 |
| prevention, safety,
energy conservation, and school security | 8 |
| purposes, such proceeds shall be
deposited and accounted for | 9 |
| separately within the Fire Prevention and Safety
Fund.
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| (Source: P.A. 95-675, eff. 10-11-07.)
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| (105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
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| Sec. 19-1. Debt limitations of school districts.
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| (a) School districts shall not be subject to the provisions | 14 |
| limiting their
indebtedness prescribed in "An Act to limit the | 15 |
| indebtedness of counties having
a population of less than | 16 |
| 500,000 and townships, school districts and other
municipal | 17 |
| corporations having a population of less than 300,000", | 18 |
| approved
February 15, 1928, as amended.
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| No school districts maintaining grades K through 8 or 9 | 20 |
| through 12
shall become indebted in any manner or for any | 21 |
| purpose to an amount,
including existing indebtedness, in the | 22 |
| aggregate exceeding 6.9% on the
value of the taxable property | 23 |
| therein to be ascertained by the last assessment
for State and | 24 |
| county taxes or, until January 1, 1983, if greater, the sum | 25 |
| that
is produced by multiplying the school district's 1978 |
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| equalized assessed
valuation by the debt limitation percentage | 2 |
| in effect on January 1, 1979,
previous to the incurring of such | 3 |
| indebtedness.
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| No school districts maintaining grades K through 12 shall | 5 |
| become
indebted in any manner or for any purpose to an amount, | 6 |
| including
existing indebtedness, in the aggregate exceeding | 7 |
| 13.8% on the value of
the taxable property therein to be | 8 |
| ascertained by the last assessment
for State and county taxes | 9 |
| or, until January 1, 1983, if greater, the sum that
is produced | 10 |
| by multiplying the school district's 1978 equalized assessed
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| valuation by the debt limitation percentage in effect on | 12 |
| January 1, 1979,
previous to the incurring of such | 13 |
| indebtedness.
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| No partial elementary unit district, as defined in Article | 15 |
| 11E of this Code, shall become indebted in any manner or for | 16 |
| any purpose in an amount, including existing indebtedness, in | 17 |
| the aggregate exceeding 6.9% of the value of the taxable | 18 |
| property of the entire district, to be ascertained by the last | 19 |
| assessment for State and county taxes, plus an amount, | 20 |
| including existing indebtedness, in the aggregate exceeding | 21 |
| 6.9% of the value of the taxable property of that portion of | 22 |
| the district included in the elementary and high school | 23 |
| classification, to be ascertained by the last assessment for | 24 |
| State and county taxes. Moreover, no partial elementary unit | 25 |
| district, as defined in Article 11E of this Code, shall become | 26 |
| indebted on account of bonds issued by the district for high |
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| school purposes in the aggregate exceeding 6.9% of the value of | 2 |
| the taxable property of the entire district, to be ascertained | 3 |
| by the last assessment for State and county taxes, nor shall | 4 |
| the district become indebted on account of bonds issued by the | 5 |
| district for elementary purposes in the aggregate exceeding | 6 |
| 6.9% of the value of the taxable property for that portion of | 7 |
| the district included in the elementary and high school | 8 |
| classification, to be ascertained by the last assessment for | 9 |
| State and county taxes.
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| Notwithstanding the provisions of any other law to the | 11 |
| contrary, in any
case in which the voters of a school district | 12 |
| have approved a proposition
for the issuance of bonds of such | 13 |
| school district at an election held prior
to January 1, 1979, | 14 |
| and all of the bonds approved at such election have
not been | 15 |
| issued, the debt limitation applicable to such school district
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| during the calendar year 1979 shall be computed by multiplying | 17 |
| the value
of taxable property therein, including personal | 18 |
| property, as ascertained
by the last assessment for State and | 19 |
| county taxes, previous to the incurring
of such indebtedness, | 20 |
| by the percentage limitation applicable to such school
district | 21 |
| under the provisions of this subsection (a).
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| (b) Notwithstanding the debt limitation prescribed in | 23 |
| subsection (a)
of this Section, additional indebtedness may be | 24 |
| incurred in an amount
not to exceed the estimated cost of | 25 |
| acquiring or improving school sites
or constructing and | 26 |
| equipping additional building facilities under the
following |
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| conditions:
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| (1) Whenever the enrollment of students for the next | 3 |
| school year is
estimated by the board of education to | 4 |
| increase over the actual present
enrollment by not less | 5 |
| than 35% or by not less than 200 students or the
actual | 6 |
| present enrollment of students has increased over the | 7 |
| previous
school year by not less than 35% or by not less | 8 |
| than 200 students and
the board of education determines | 9 |
| that additional school sites or
building facilities are | 10 |
| required as a result of such increase in
enrollment; and
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| (2) When the Regional Superintendent of Schools having | 12 |
| jurisdiction
over the school district and the State | 13 |
| Superintendent of Education
concur in such enrollment | 14 |
| projection or increase and approve the need
for such | 15 |
| additional school sites or building facilities and the
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| estimated cost thereof; and
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| (3) When the voters in the school district approve a | 18 |
| proposition for
the issuance of bonds for the purpose of | 19 |
| acquiring or improving such
needed school sites or | 20 |
| constructing and equipping such needed additional
building | 21 |
| facilities at an election called and held for that purpose.
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| Notice of such an election shall state that the amount of | 23 |
| indebtedness
proposed to be incurred would exceed the debt | 24 |
| limitation otherwise
applicable to the school district. | 25 |
| The ballot for such proposition
shall state what percentage | 26 |
| of the equalized assessed valuation will be
outstanding in |
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| bonds if the proposed issuance of bonds is approved by
the | 2 |
| voters; or
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| (4) Notwithstanding the provisions of paragraphs (1) | 4 |
| through (3) of
this subsection (b), if the school board | 5 |
| determines that additional
facilities are needed to | 6 |
| provide a quality educational program and not
less than 2/3 | 7 |
| of those voting in an election called by the school board
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| on the question approve the issuance of bonds for the | 9 |
| construction of
such facilities, the school district may | 10 |
| issue bonds for this
purpose; or
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| (5) Notwithstanding the provisions of paragraphs (1) | 12 |
| through (3) of this
subsection (b), if (i) the school | 13 |
| district has previously availed itself of the
provisions of | 14 |
| paragraph (4) of this subsection (b) to enable it to issue | 15 |
| bonds,
(ii) the voters of the school district have not | 16 |
| defeated a proposition for the
issuance of bonds since the | 17 |
| referendum described in paragraph (4) of this
subsection | 18 |
| (b) was held, (iii) the school board determines that | 19 |
| additional
facilities are needed to provide a quality | 20 |
| educational program, and (iv) a
majority of those voting in | 21 |
| an election called by the school board on the
question | 22 |
| approve the issuance of bonds for the construction of such | 23 |
| facilities,
the school district may issue bonds for this | 24 |
| purpose.
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| In no event shall the indebtedness incurred pursuant to | 26 |
| this
subsection (b) and the existing indebtedness of the school |
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| district
exceed 15% of the value of the taxable property | 2 |
| therein to be
ascertained by the last assessment for State and | 3 |
| county taxes, previous
to the incurring of such indebtedness | 4 |
| or, until January 1, 1983, if greater,
the sum that is produced | 5 |
| by multiplying the school district's 1978 equalized
assessed | 6 |
| valuation by the debt limitation percentage in effect on | 7 |
| January 1,
1979.
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| The indebtedness provided for by this subsection (b) shall | 9 |
| be in
addition to and in excess of any other debt limitation.
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| (c) Notwithstanding the debt limitation prescribed in | 11 |
| subsection (a)
of this Section, in any case in which a public | 12 |
| question for the issuance
of bonds of a proposed school | 13 |
| district maintaining grades kindergarten
through 12 received | 14 |
| at least 60% of the valid ballots cast on the question at
an | 15 |
| election held on or prior to November 8, 1994, and in which the | 16 |
| bonds
approved at such election have not been issued, the | 17 |
| school district pursuant to
the requirements of Section 11A-10 | 18 |
| (now repealed) may issue the total amount of bonds approved
at | 19 |
| such election for the purpose stated in the question.
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| (d) Notwithstanding the debt limitation prescribed in | 21 |
| subsection (a)
of this Section, a school district that meets | 22 |
| all the criteria set forth in
paragraphs (1) and (2) of this | 23 |
| subsection (d) may incur an additional
indebtedness in an | 24 |
| amount not to exceed $4,500,000, even though the amount of
the | 25 |
| additional indebtedness authorized by this subsection (d), | 26 |
| when incurred
and added to the aggregate amount of indebtedness |
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| of the district existing
immediately prior to the district | 2 |
| incurring the additional indebtedness
authorized by this | 3 |
| subsection (d), causes the aggregate indebtedness of the
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| district to exceed the debt limitation otherwise applicable to | 5 |
| that district
under subsection (a):
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| (1) The additional indebtedness authorized by this | 7 |
| subsection (d) is
incurred by the school district through | 8 |
| the issuance of bonds under and in
accordance with Section | 9 |
| 17-2.11a for the purpose of replacing a school
building | 10 |
| which, because of mine subsidence damage, has been closed | 11 |
| as provided
in paragraph (2) of this subsection (d) or | 12 |
| through the issuance of bonds under
and in accordance with | 13 |
| Section 19-3 for the purpose of increasing the size of,
or | 14 |
| providing for additional functions in, such replacement | 15 |
| school buildings, or
both such purposes.
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| (2) The bonds issued by the school district as provided | 17 |
| in paragraph (1)
above are issued for the purposes of | 18 |
| construction by the school district of
a new school | 19 |
| building pursuant to Section 17-2.11, to replace an | 20 |
| existing
school building that, because of mine subsidence | 21 |
| damage, is closed as of the
end of the 1992-93 school year | 22 |
| pursuant to action of the regional
superintendent of | 23 |
| schools of the educational service region in which the
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| district is located under Section 3-14.22 or are issued for | 25 |
| the purpose of
increasing the size of, or providing for | 26 |
| additional functions in, the new
school building being |
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| constructed to replace a school building closed as the
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| result of mine subsidence damage, or both such purposes.
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| (e) (Blank).
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| (f) Notwithstanding the provisions of subsection (a) of | 5 |
| this Section or of
any other law, bonds in not to exceed the | 6 |
| aggregate amount of $5,500,000 and
issued by a school district | 7 |
| meeting the following criteria shall not be
considered | 8 |
| indebtedness for purposes of any statutory limitation and may | 9 |
| be
issued in an amount or amounts, including existing | 10 |
| indebtedness, in excess of
any heretofore or hereafter imposed | 11 |
| statutory limitation as to indebtedness:
| 12 |
| (1) At the time of the sale of such bonds, the board of | 13 |
| education of the
district shall have determined by | 14 |
| resolution that the enrollment of students in
the district | 15 |
| is projected to increase by not less than 7% during each of | 16 |
| the
next succeeding 2 school years.
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| (2) The board of education shall also determine by | 18 |
| resolution that the
improvements to be financed with the | 19 |
| proceeds of the bonds are needed because
of the projected | 20 |
| enrollment increases.
| 21 |
| (3) The board of education shall also determine by | 22 |
| resolution that the
projected increases in enrollment are | 23 |
| the result of improvements made or
expected to be made to | 24 |
| passenger rail facilities located in the school
district.
| 25 |
| Notwithstanding the provisions of subsection (a) of this | 26 |
| Section or of any other law, a school district that has availed |
|
|
|
SB2071 Engrossed |
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LRB095 17117 NHT 45405 b |
|
| 1 |
| itself of the provisions of this subsection (f) prior to July | 2 |
| 22, 2004 (the effective date of Public Act 93-799) may also | 3 |
| issue bonds approved by referendum up to an amount, including | 4 |
| existing indebtedness, not exceeding 25% of the equalized | 5 |
| assessed value of the taxable property in the district if all | 6 |
| of the conditions set forth in items (1), (2), and (3) of this | 7 |
| subsection (f) are met.
| 8 |
| (g) Notwithstanding the provisions of subsection (a) of | 9 |
| this Section or any
other law, bonds in not to exceed an | 10 |
| aggregate amount of 25% of the equalized
assessed value of the | 11 |
| taxable property of a school district and issued by a
school | 12 |
| district meeting the criteria in paragraphs (i) through (iv) of | 13 |
| this
subsection shall not be considered indebtedness for | 14 |
| purposes of any statutory
limitation and may be issued pursuant | 15 |
| to resolution of the school board in an
amount or amounts, | 16 |
| including existing indebtedness, in
excess of any statutory | 17 |
| limitation of indebtedness heretofore or hereafter
imposed:
| 18 |
| (i) The bonds are issued for the purpose of | 19 |
| constructing a new high school
building to replace two | 20 |
| adjacent existing buildings which together house a
single | 21 |
| high school, each of which is more than 65 years old, and | 22 |
| which together
are located on more than 10 acres and less | 23 |
| than 11 acres of property.
| 24 |
| (ii) At the time the resolution authorizing the | 25 |
| issuance of the bonds is
adopted, the cost of constructing | 26 |
| a new school building to replace the existing
school |
|
|
|
SB2071 Engrossed |
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LRB095 17117 NHT 45405 b |
|
| 1 |
| building is less than 60% of the cost of repairing the | 2 |
| existing school
building.
| 3 |
| (iii) The sale of the bonds occurs before July 1, 1997.
| 4 |
| (iv) The school district issuing the bonds is a unit | 5 |
| school district
located in a county of less than 70,000 and | 6 |
| more than 50,000 inhabitants,
which has an average daily | 7 |
| attendance of less than 1,500 and an equalized
assessed | 8 |
| valuation of less than $29,000,000.
| 9 |
| (h) Notwithstanding any other provisions of this Section or | 10 |
| the
provisions of any other law, until January 1, 1998, 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 27.6% of the equalized assessed
| 14 |
| value of the taxable property in the district, if all of the | 15 |
| following
conditions are met:
| 16 |
| (i) The school district has an equalized assessed | 17 |
| valuation for calendar
year 1995 of less than $24,000,000;
| 18 |
| (ii) The bonds are issued for the capital improvement, | 19 |
| renovation,
rehabilitation, or replacement of existing | 20 |
| school buildings of the district,
all of which buildings | 21 |
| were originally constructed not less than 40 years ago;
| 22 |
| (iii) The voters of the district approve a proposition | 23 |
| for the issuance of
the bonds at a referendum held after | 24 |
| March 19, 1996; and
| 25 |
| (iv) The bonds are issued pursuant to Sections 19-2 | 26 |
| through 19-7 of this
Code.
|
|
|
|
SB2071 Engrossed |
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LRB095 17117 NHT 45405 b |
|
| 1 |
| (i) Notwithstanding any other provisions of this Section or | 2 |
| the provisions
of any other law, until January 1, 1998, a | 3 |
| community unit school district
maintaining grades K through 12 | 4 |
| may issue bonds up to an amount, including
existing | 5 |
| indebtedness, not exceeding 27% of the equalized assessed value | 6 |
| of the
taxable property in the district, if all of the | 7 |
| following conditions are met:
| 8 |
| (i) The school district has an equalized assessed | 9 |
| valuation for calendar
year 1995 of less than $44,600,000;
| 10 |
| (ii) The bonds are issued for the capital improvement, | 11 |
| renovation,
rehabilitation, or replacement
of existing | 12 |
| school buildings of the district, all of which
existing | 13 |
| buildings were originally constructed not less than 80 | 14 |
| years ago;
| 15 |
| (iii) The voters of the district approve a proposition | 16 |
| for the issuance of
the bonds at a referendum held after | 17 |
| December 31, 1996; and
| 18 |
| (iv) The bonds are issued pursuant to Sections 19-2 | 19 |
| through 19-7 of this
Code.
| 20 |
| (j) Notwithstanding any other provisions of this Section or | 21 |
| the
provisions of any other law, until January 1, 1999, a | 22 |
| community unit school
district maintaining grades K through 12 | 23 |
| may issue bonds up to an amount,
including existing | 24 |
| indebtedness, not exceeding 27% of the equalized assessed
value | 25 |
| of the taxable property in the district if all of the following
| 26 |
| conditions are met:
|
|
|
|
SB2071 Engrossed |
- 20 - |
LRB095 17117 NHT 45405 b |
|
| 1 |
| (i) The school district has an equalized assessed | 2 |
| valuation for calendar
year 1995 of less than $140,000,000 | 3 |
| and a best 3 months
average daily
attendance for the | 4 |
| 1995-96 school year of at least 2,800;
| 5 |
| (ii) The bonds are issued to purchase a site and build | 6 |
| and equip a new
high school, and the school district's | 7 |
| existing high school was originally
constructed not less | 8 |
| than 35
years prior to the sale of the bonds;
| 9 |
| (iii) At the time of the sale of the bonds, the board | 10 |
| of education
determines
by resolution that a new high | 11 |
| school is needed because of projected enrollment
| 12 |
| increases;
| 13 |
| (iv) At least 60% of those voting in an election held
| 14 |
| after December 31, 1996 approve a proposition
for the | 15 |
| issuance of
the bonds; and
| 16 |
| (v) The bonds are issued pursuant to Sections 19-2 | 17 |
| through
19-7 of this Code.
| 18 |
| (k) 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) through (4) of | 21 |
| this subsection (k) may issue bonds to incur an
additional | 22 |
| indebtedness in an amount not to exceed $4,000,000 even though | 23 |
| the
amount of the additional indebtedness authorized by this | 24 |
| subsection (k), when
incurred and added to the aggregate amount | 25 |
| of indebtedness of the school
district existing immediately | 26 |
| prior to the school district incurring such
additional |
|
|
|
SB2071 Engrossed |
- 21 - |
LRB095 17117 NHT 45405 b |
|
| 1 |
| indebtedness, causes the aggregate indebtedness of the school
| 2 |
| district to exceed or increases the amount by which the | 3 |
| aggregate indebtedness
of the district already exceeds the debt | 4 |
| limitation otherwise applicable to
that school district under | 5 |
| subsection (a):
| 6 |
| (1) the school district is located in 2 counties, and a | 7 |
| referendum to
authorize the additional indebtedness was | 8 |
| approved by a majority of the voters
of the school district | 9 |
| voting on the proposition to authorize that
indebtedness;
| 10 |
| (2) the additional indebtedness is for the purpose of | 11 |
| financing a
multi-purpose room addition to the existing | 12 |
| high school;
| 13 |
| (3) the additional indebtedness, together with the | 14 |
| existing indebtedness
of the school district, shall not | 15 |
| exceed 17.4% of the value of the taxable
property in the | 16 |
| school district, to be ascertained by the last assessment | 17 |
| for
State and county taxes; and
| 18 |
| (4) the bonds evidencing the additional indebtedness | 19 |
| are issued, if at
all, within 120 days of the effective | 20 |
| date of this amendatory Act of 1998.
| 21 |
| (l) Notwithstanding any other provisions of this Section or | 22 |
| the
provisions of any other law, until January 1, 2000, a | 23 |
| school district
maintaining grades kindergarten through 8 may | 24 |
| issue bonds up to an amount,
including existing indebtedness, | 25 |
| not exceeding 15% of the equalized assessed
value of the | 26 |
| taxable property in the district if all of the following
|
|
|
|
SB2071 Engrossed |
- 22 - |
LRB095 17117 NHT 45405 b |
|
| 1 |
| conditions are met:
| 2 |
| (i) the district has an equalized assessed valuation | 3 |
| for calendar year
1996 of less than $10,000,000;
| 4 |
| (ii) the bonds are issued for capital improvement, | 5 |
| renovation,
rehabilitation, or replacement of one or more | 6 |
| school buildings of the district,
which buildings were | 7 |
| originally constructed not less than 70 years ago;
| 8 |
| (iii) the voters of the district approve a proposition | 9 |
| for the issuance of
the bonds at a referendum held on or | 10 |
| after March 17, 1998; and
| 11 |
| (iv) the bonds are issued pursuant to Sections 19-2 | 12 |
| through 19-7 of this
Code.
| 13 |
| (m) Notwithstanding any other provisions of this Section or | 14 |
| the provisions
of
any other law, until January 1, 1999, an | 15 |
| elementary school district maintaining
grades K through 8 may | 16 |
| issue bonds up to an amount, excluding existing
indebtedness, | 17 |
| not exceeding 18% of the equalized assessed value of the | 18 |
| taxable
property in the district, if all of the following | 19 |
| conditions are met:
| 20 |
| (i) The school district has an equalized assessed | 21 |
| valuation for calendar
year 1995 or less than $7,700,000;
| 22 |
| (ii) The school district operates 2 elementary | 23 |
| attendance centers that
until
1976 were operated as the | 24 |
| attendance centers of 2 separate and distinct school
| 25 |
| districts;
| 26 |
| (iii) The bonds are issued for the construction of a |
|
|
|
SB2071 Engrossed |
- 23 - |
LRB095 17117 NHT 45405 b |
|
| 1 |
| new elementary school
building to replace an existing | 2 |
| multi-level elementary school building of the
school | 3 |
| district that is not handicapped accessible at all levels | 4 |
| and parts of
which were constructed more than 75 years ago;
| 5 |
| (iv) The voters of the school district approve a | 6 |
| proposition for the
issuance of the bonds at a referendum | 7 |
| held after July 1, 1998; and
| 8 |
| (v) The bonds are issued pursuant to Sections 19-2 | 9 |
| through 19-7 of this
Code.
| 10 |
| (n) Notwithstanding the debt limitation prescribed in | 11 |
| subsection (a) of
this Section or any other provisions of this | 12 |
| Section or of any other law, a
school district that meets all | 13 |
| of the criteria set forth in paragraphs (i)
through (vi) or | 14 |
| paragraphs (i), (ii), and (vii) of this subsection (n) may | 15 |
| incur additional indebtedness by the
issuance of bonds or the | 16 |
| execution of a lease with a public building commission in an | 17 |
| amount not exceeding the amount certified by the
Capital | 18 |
| Development Board to the school district as provided in | 19 |
| paragraph (iii)
of
this subsection (n), even though the amount | 20 |
| of the additional indebtedness so
authorized, when incurred and | 21 |
| added to the aggregate amount of indebtedness of
the district | 22 |
| existing immediately prior to the district incurring the
| 23 |
| additional indebtedness authorized by this subsection (n), | 24 |
| causes the aggregate
indebtedness of the district to exceed the | 25 |
| debt limitation otherwise applicable
by law to that district:
| 26 |
| (i) The school district applies to the State Board of |
|
|
|
SB2071 Engrossed |
- 24 - |
LRB095 17117 NHT 45405 b |
|
| 1 |
| Education for a
school construction project grant and | 2 |
| submits a district facilities plan in
support
of its | 3 |
| application pursuant to Section 5-20 of
the School | 4 |
| Construction Law.
| 5 |
| (ii) The school district's application and facilities | 6 |
| plan are approved
by,
and the district receives a grant | 7 |
| entitlement for a school construction project
issued by, | 8 |
| the State Board of Education under the School Construction | 9 |
| Law.
| 10 |
| (iii) The school district has exhausted its bonding | 11 |
| capacity or the unused
bonding capacity of the district is | 12 |
| less than the amount certified by the
Capital Development | 13 |
| Board to the district under Section 5-15 of the School
| 14 |
| Construction Law as the dollar amount of the school | 15 |
| construction project's cost
that the district will be | 16 |
| required to finance with non-grant funds in order to
| 17 |
| receive a school construction project grant under the | 18 |
| School Construction Law.
| 19 |
| (iv) The bonds are issued for a "school construction | 20 |
| project", as that
term is defined in Section 5-5 of the | 21 |
| School Construction Law, in an amount
that does not exceed | 22 |
| the dollar amount certified, as provided in paragraph
(iii) | 23 |
| of this subsection (n), by the Capital Development Board
to | 24 |
| the school
district under Section 5-15 of the School | 25 |
| Construction Law.
| 26 |
| (v) The voters of the district approve a proposition |
|
|
|
SB2071 Engrossed |
- 25 - |
LRB095 17117 NHT 45405 b |
|
| 1 |
| for the issuance of
the bonds at a referendum held after | 2 |
| the criteria specified in paragraphs (i)
and (iii) of this | 3 |
| subsection (n) are met.
| 4 |
| (vi) The bonds are issued pursuant to Sections 19-2 | 5 |
| through 19-7 of the
School Code.
| 6 |
| (vii) The school district will lease the school | 7 |
| construction project from a public building commission | 8 |
| pursuant to the Public Building Commission Act. | 9 |
| The indebtedness incurred on any lease under this | 10 |
| subsection (n) shall not be considered indebtedness for | 11 |
| purposes of any statutory debt limitation. | 12 |
| (o) Notwithstanding any other provisions of this Section or | 13 |
| the
provisions of any other law, until November 1, 2007, a | 14 |
| community unit
school district maintaining grades K through 12 | 15 |
| may issue bonds up to
an amount, including existing | 16 |
| indebtedness, not exceeding 20% of the
equalized assessed value | 17 |
| of the taxable property in the district if all of the
following | 18 |
| conditions are met:
| 19 |
| (i) the school district has an equalized assessed | 20 |
| valuation
for calendar year 2001 of at least $737,000,000 | 21 |
| and an enrollment
for the 2002-2003 school year of at least | 22 |
| 8,500;
| 23 |
| (ii) the bonds are issued to purchase school sites, | 24 |
| build and
equip a new high school, build and equip a new | 25 |
| junior high school,
build and equip 5 new elementary | 26 |
| schools, and make technology
and other improvements and |
|
|
|
SB2071 Engrossed |
- 26 - |
LRB095 17117 NHT 45405 b |
|
| 1 |
| additions to existing schools;
| 2 |
| (iii) at the time of the sale of the bonds, the board | 3 |
| of
education determines by resolution that the sites and | 4 |
| new or
improved facilities are needed because of projected | 5 |
| enrollment
increases;
| 6 |
| (iv) at least 57% of those voting in a general election | 7 |
| held
prior to January 1, 2003 approved a proposition for | 8 |
| the issuance of
the bonds; and
| 9 |
| (v) the bonds are issued pursuant to Sections 19-2 | 10 |
| through
19-7 of this Code.
| 11 |
| (p) Notwithstanding any other provisions of this Section or | 12 |
| the provisions of any other law, a community unit school | 13 |
| district maintaining grades K through 12 may issue bonds up to | 14 |
| an amount, including indebtedness, not exceeding 27% of the | 15 |
| equalized assessed value of the taxable property in the | 16 |
| district if all of the following conditions are met: | 17 |
| (i) The school district has an equalized assessed | 18 |
| valuation for calendar year 2001 of at least $295,741,187 | 19 |
| and a best 3 months' average daily attendance for the | 20 |
| 2002-2003 school year of at least 2,394. | 21 |
| (ii) The bonds are issued to build and equip 3 | 22 |
| elementary school buildings; build and equip one middle | 23 |
| school building; and alter, repair, improve, and equip all | 24 |
| existing school buildings in the district. | 25 |
| (iii) At the time of the sale of the bonds, the board | 26 |
| of education determines by resolution that the project is |
|
|
|
SB2071 Engrossed |
- 27 - |
LRB095 17117 NHT 45405 b |
|
| 1 |
| needed because of expanding growth in the school district | 2 |
| and a projected enrollment increase. | 3 |
| (iv) The bonds are issued pursuant to Sections 19-2 | 4 |
| through 19-7 of this Code.
| 5 |
| (p-5) Notwithstanding any other provisions of this Section | 6 |
| or the provisions of any other law, bonds issued by a community | 7 |
| unit school district maintaining grades K through 12 shall not | 8 |
| be considered indebtedness for purposes of any statutory | 9 |
| limitation and may be issued in an amount or amounts, including | 10 |
| existing indebtedness, in excess of any heretofore or hereafter | 11 |
| imposed statutory limitation as to indebtedness, if all of the | 12 |
| following conditions are met: | 13 |
| (i) For each of the 4 most recent years, residential | 14 |
| property comprises more than 80% of the equalized assessed | 15 |
| valuation of the district. | 16 |
| (ii) At least 2 school buildings that were constructed | 17 |
| 40 or more years prior to the issuance of the bonds will be | 18 |
| demolished and will be replaced by new buildings or | 19 |
| additions to one or more existing buildings. | 20 |
| (iii) Voters of the district approve a proposition for | 21 |
| the issuance of the bonds at a regularly scheduled | 22 |
| election. | 23 |
| (iv) At the time of the sale of the bonds, the school | 24 |
| board determines by resolution that the new buildings or | 25 |
| building additions are needed because of an increase in | 26 |
| enrollment projected by the school board. |
|
|
|
SB2071 Engrossed |
- 28 - |
LRB095 17117 NHT 45405 b |
|
| 1 |
| (v) The principal amount of the bonds, including | 2 |
| existing indebtedness, does not exceed 25% of the equalized | 3 |
| assessed value of the taxable property in the district. | 4 |
| (vi) The bonds are issued prior to January 1, 2007, | 5 |
| pursuant to Sections 19-2 through 19-7 of this Code.
| 6 |
| (p-10) Notwithstanding any other provisions of this | 7 |
| Section or the provisions of any other law, bonds issued by a | 8 |
| community consolidated school district maintaining grades K | 9 |
| through 8 shall not be considered indebtedness for purposes of | 10 |
| any statutory limitation and may be issued in an amount or | 11 |
| amounts, including existing indebtedness, in excess of any | 12 |
| heretofore or hereafter imposed statutory limitation as to | 13 |
| indebtedness, if all of the following conditions are met: | 14 |
| (i) For each of the 4 most recent years, residential | 15 |
| and farm property comprises more than 80% of the equalized | 16 |
| assessed valuation of the district. | 17 |
| (ii) The bond proceeds are to be used to acquire and | 18 |
| improve school sites and build and equip a school building. | 19 |
| (iii) Voters of the district approve a proposition for | 20 |
| the issuance of the bonds at a regularly scheduled | 21 |
| election. | 22 |
| (iv) At the time of the sale of the bonds, the school | 23 |
| board determines by resolution that the school sites and | 24 |
| building additions are needed because of an increase in | 25 |
| enrollment projected by the school board. | 26 |
| (v) The principal amount of the bonds, including |
|
|
|
SB2071 Engrossed |
- 29 - |
LRB095 17117 NHT 45405 b |
|
| 1 |
| existing indebtedness, does not exceed 20% of the equalized | 2 |
| assessed value of the taxable property in the district. | 3 |
| (vi) The bonds are issued prior to January 1, 2007, | 4 |
| pursuant to Sections 19-2 through 19-7 of this Code.
| 5 |
| (p-15) In addition to all other authority to issue bonds, | 6 |
| the Oswego Community Unit School District Number 308 may issue | 7 |
| bonds with an aggregate principal amount not to exceed | 8 |
| $450,000,000, but only if all of the following conditions are | 9 |
| met: | 10 |
| (i) The voters of the district have approved a | 11 |
| proposition for the bond issue at the general election held | 12 |
| on November 7, 2006. | 13 |
| (ii) At the time of the sale of the bonds, the school | 14 |
| board determines, by resolution, that: (A) the building and | 15 |
| equipping of the new high school building, new junior high | 16 |
| school buildings, new elementary school buildings, early | 17 |
| childhood building, maintenance building, transportation | 18 |
| facility, and additions to existing school buildings, the | 19 |
| altering, repairing, equipping, and provision of | 20 |
| technology improvements to existing school buildings, and | 21 |
| the acquisition and improvement of school sites, as the | 22 |
| case may be, are required as a result of a projected | 23 |
| increase in the enrollment of students in the district; and | 24 |
| (B) the sale of bonds for these purposes is authorized by | 25 |
| legislation that exempts the debt incurred on the bonds | 26 |
| from the district's statutory debt limitation.
|
|
|
|
SB2071 Engrossed |
- 30 - |
LRB095 17117 NHT 45405 b |
|
| 1 |
| (iii) The bonds are issued, in one or more bond issues, | 2 |
| on or before November 7, 2011, but the aggregate principal | 3 |
| amount issued in all such bond issues combined must not | 4 |
| exceed $450,000,000.
| 5 |
| (iv) The bonds are issued in accordance with this | 6 |
| Article 19. | 7 |
| (v) The proceeds of the bonds are used only to | 8 |
| accomplish those projects approved by the voters at the | 9 |
| general election held on November 7, 2006. | 10 |
| The debt incurred on any bonds issued under this subsection | 11 |
| (p-15) shall not be considered indebtedness for purposes of any | 12 |
| statutory debt limitation.
| 13 |
| (p-20) In addition to all other authority to issue bonds, | 14 |
| the Lincoln-Way Community High School District Number 210 may | 15 |
| issue bonds with an aggregate principal amount not to exceed | 16 |
| $225,000,000, but only if all of the following conditions are | 17 |
| met: | 18 |
| (i) The voters of the district have approved a | 19 |
| proposition for the bond issue at the general primary | 20 |
| election held on March 21, 2006. | 21 |
| (ii) At the time of the sale of the bonds, the school | 22 |
| board determines, by resolution, that: (A) the building and | 23 |
| equipping of the new high school buildings, the altering, | 24 |
| repairing, and equipping of existing school buildings, and | 25 |
| the improvement of school sites, as the case may be, are | 26 |
| required as a result of a projected increase in the |
|
|
|
SB2071 Engrossed |
- 31 - |
LRB095 17117 NHT 45405 b |
|
| 1 |
| enrollment of students in the district; and (B) the sale of | 2 |
| bonds for these purposes is authorized by legislation that | 3 |
| exempts the debt incurred on the bonds from the district's | 4 |
| statutory debt limitation.
| 5 |
| (iii) The bonds are issued, in one or more bond issues, | 6 |
| on or before March 21, 2011, but the aggregate principal | 7 |
| amount issued in all such bond issues combined must not | 8 |
| exceed $225,000,000.
| 9 |
| (iv) The bonds are issued in accordance with this | 10 |
| Article 19. | 11 |
| (v) The proceeds of the bonds are used only to | 12 |
| accomplish those projects approved by the voters at the | 13 |
| primary election held on March 21, 2006. | 14 |
| The debt incurred on any bonds issued under this subsection | 15 |
| (p-20) shall not be considered indebtedness for purposes of any | 16 |
| statutory debt limitation.
| 17 |
| (p-25) In addition to all other authority to issue bonds, | 18 |
| Rochester Community Unit School District 3A may issue bonds | 19 |
| with an aggregate principal amount not to exceed $15,000,000, | 20 |
| but only if all of the following conditions are met: | 21 |
| (i) The voters of the district approve a proposition | 22 |
| for the bond issuance at the general primary election held | 23 |
| in 2008.
| 24 |
| (ii) At the time of the sale of the bonds, the school | 25 |
| board determines, by resolution, that: (A) the building and | 26 |
| equipping of a new high school building; the addition of |
|
|
|
SB2071 Engrossed |
- 32 - |
LRB095 17117 NHT 45405 b |
|
| 1 |
| classrooms and support facilities at the high school, | 2 |
| middle school, and elementary school; the altering, | 3 |
| repairing, and equipping of existing school buildings; and | 4 |
| the improvement of school sites, as the case may be, are | 5 |
| required as a result of a projected increase in the | 6 |
| enrollment of students in the district; and (B) the sale of | 7 |
| bonds for these purposes is authorized by a law that | 8 |
| exempts the debt incurred on the bonds from the district's | 9 |
| statutory debt limitation. | 10 |
| (iii) The bonds are issued, in one or more bond issues, | 11 |
| on or before December 31, 2012, but the aggregate principal | 12 |
| amount issued in all such bond issues combined must not | 13 |
| exceed $15,000,000. | 14 |
| (iv) The bonds are issued in accordance with this | 15 |
| Article 19. | 16 |
| (v) The proceeds of the bonds are used to accomplish | 17 |
| only those projects approved by the voters at the primary | 18 |
| election held in 2008.
| 19 |
| The debt incurred on any bonds issued under this subsection | 20 |
| (p-25) shall not be considered indebtedness for purposes of any | 21 |
| statutory debt limitation.
| 22 |
| (p-30) In addition to all other authority to issue bonds, | 23 |
| Prairie Grove Consolidated School District 46 may issue bonds | 24 |
| with an aggregate principal amount not to exceed $30,000,000, | 25 |
| but only if all of the following conditions are met:
| 26 |
| (i) The voters of the district approve a proposition |
|
|
|
SB2071 Engrossed |
- 33 - |
LRB095 17117 NHT 45405 b |
|
| 1 |
| for the bond issuance at an election held in 2008.
| 2 |
| (ii) At the time of the sale of the bonds, the school | 3 |
| board determines, by resolution, that (A) the building and | 4 |
| equipping of a new school building and additions to | 5 |
| existing school buildings are required as a result of a | 6 |
| projected increase in the enrollment of students in the | 7 |
| district and (B) the altering, repairing, and equipping of | 8 |
| existing school buildings are required because of the age | 9 |
| of the existing school buildings.
| 10 |
| (iii) The bonds are issued, in one or more bond | 11 |
| issuances, on or before December 31, 2012; however, the | 12 |
| aggregate principal amount issued in all such bond | 13 |
| issuances combined must not exceed $30,000,000.
| 14 |
| (iv) The bonds are issued in accordance with this | 15 |
| Article.
| 16 |
| (v) The proceeds of the bonds are used to accomplish | 17 |
| only those projects approved by the voters at an election | 18 |
| held in 2008.
| 19 |
| The debt incurred on any bonds issued under this subsection | 20 |
| (p-30) shall not be considered indebtedness for purposes of any | 21 |
| statutory debt limitation.
| 22 |
| (p-35) In addition to all other authority to issue bonds, | 23 |
| Prairie Hill Community Consolidated School District 133 may | 24 |
| issue bonds with an aggregate principal amount not to exceed | 25 |
| $13,900,000, but only if all of the following conditions are | 26 |
| met:
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| 1 |
| (i) The voters of the district approved a proposition | 2 |
| for the bond issuance at an election held on April 17, | 3 |
| 2007.
| 4 |
| (ii) At the time of the sale of the bonds, the school | 5 |
| board determines, by resolution, that (A) the improvement | 6 |
| of the site of and the building and equipping of a school | 7 |
| building are required as a result of a projected increase | 8 |
| in the enrollment of students in the district and (B) the | 9 |
| repairing and equipping of the Prairie Hill Elementary | 10 |
| School building is required because of the age of that | 11 |
| school building.
| 12 |
| (iii) The bonds are issued, in one or more bond | 13 |
| issuances, on or before December 31, 2011, but the | 14 |
| aggregate principal amount issued in all such bond | 15 |
| issuances combined must not exceed $13,900,000.
| 16 |
| (iv) The bonds are issued in accordance with this | 17 |
| Article.
| 18 |
| (v) The proceeds of the bonds are used to accomplish | 19 |
| only those projects approved by the voters at an election | 20 |
| held on April 17, 2007.
| 21 |
| The debt incurred on any bonds issued under this subsection | 22 |
| (p-35) shall not be considered indebtedness for purposes of any | 23 |
| statutory debt limitation.
| 24 |
| (q) A school district must notify the State Board of | 25 |
| Education prior to issuing any form of long-term or short-term | 26 |
| debt that will result in outstanding debt that exceeds 75% of |
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| 1 |
| the debt limit specified in this Section or any other provision | 2 |
| of law.
| 3 |
| (Source: P.A. 94-234, eff. 7-1-06; 94-721, eff. 1-6-06; 94-952, | 4 |
| eff. 6-27-06; 94-1019, eff. 7-10-06; 94-1078, eff. 1-9-07; | 5 |
| 95-331, eff. 8-21-07; 95-594, eff. 9-10-07.) | 6 |
| Section 10. The School Construction Law is amended by | 7 |
| changing Sections 5-25 and 5-35 as follows:
| 8 |
| (105 ILCS 230/5-25)
| 9 |
| Sec. 5-25. Eligibility and project standards.
| 10 |
| (a) The State Board of Education shall establish | 11 |
| eligibility standards for
school construction project grants | 12 |
| and debt service grants. These standards
shall include minimum | 13 |
| enrollment requirements for eligibility for school
| 14 |
| construction project grants of 200 students for elementary | 15 |
| districts, 200
students for high school districts, and 400 | 16 |
| students for unit districts. The
State Board of Education shall | 17 |
| approve a district's eligibility for a school
construction | 18 |
| project grant or a debt service grant pursuant to the | 19 |
| established
standards.
| 20 |
| (b) The Capital Development Board shall establish
project | 21 |
| standards for all school construction project grants provided | 22 |
| pursuant
to this Article. These standards shall include space | 23 |
| and capacity standards as
well as the determination of | 24 |
| recognized project costs that shall be eligible
for State |
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| 1 |
| financial assistance and enrichment costs that shall not be | 2 |
| eligible
for State financial assistance.
| 3 |
| (c) The State Board of Education and the Capital | 4 |
| Development Board shall
not establish standards that | 5 |
| disapprove or otherwise establish limitations
that restrict | 6 |
| the eligibility of a school district with a population | 7 |
| exceeding
500,000 for a school construction project grant based | 8 |
| on the fact that any or
all of the school construction project | 9 |
| grant will be used to pay debt service
or to make lease | 10 |
| payments, as authorized by subsection (b) of Section 5-35 of
| 11 |
| this Law , or based on the fact that all or a part of the school | 12 |
| construction project is owned by a public building commission | 13 |
| and leased to the school district .
| 14 |
| (Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)
| 15 |
| (105 ILCS 230/5-35)
| 16 |
| Sec. 5-35. School construction project grant amounts; | 17 |
| permitted
use; prohibited use.
| 18 |
| (a) The product of the district's grant index and the
| 19 |
| recognized project cost, as determined by the Capital | 20 |
| Development Board, for an
approved school construction project | 21 |
| shall equal the amount of the grant the
Capital Development | 22 |
| Board shall provide to the eligible district. The grant
index | 23 |
| shall not be used in cases where the General Assembly and the | 24 |
| Governor
approve appropriations designated for specifically | 25 |
| identified school district
construction projects.
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| 1 |
| (b) In each fiscal year in which school construction | 2 |
| project grants are
awarded, 20% of the total amount awarded | 3 |
| statewide shall be awarded to a school
district with a | 4 |
| population exceeding 500,000, provided such district complies
| 5 |
| with the provisions of this Article.
| 6 |
| In addition to the uses otherwise authorized by this Law, | 7 |
| any school
district with a population exceeding 500,000 is | 8 |
| authorized to use any or all
of the school construction project | 9 |
| grants (i) to pay debt service, as defined
in the Local | 10 |
| Government Debt Reform Act, on bonds, as defined in the Local
| 11 |
| Government Debt Reform Act, issued to finance one or more | 12 |
| school construction
projects and (ii) to the extent that any | 13 |
| such bond is a lease or other
installment or financing contract | 14 |
| between the school district and a public
building commission | 15 |
| that has issued bonds to finance one or more qualifying
school | 16 |
| construction projects, to make lease payments under the lease.
| 17 |
| (c) No portion of a school construction project grant | 18 |
| awarded by the
Capital Development Board shall be used by a | 19 |
| school district for any
on-going operational costs.
| 20 |
| (Source: P.A. 90-548, eff. 1-1-98; 91-38, eff. 6-15-99.)
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