Full Text of HB2619 96th General Assembly
HB2619enr 96TH 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 3. The Property Tax Code is amended by changing | 5 |
| Section 18-185 as follows: | 6 |
| (35 ILCS 200/18-185)
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| Sec. 18-185. Short title; definitions. This Division 5 may | 8 |
| be cited as the
Property Tax Extension Limitation Law. As used | 9 |
| in this Division 5:
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| "Consumer Price Index" means the Consumer Price Index for | 11 |
| All Urban
Consumers for all items published by the United | 12 |
| States Department of Labor.
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| "Extension limitation" means (a) the lesser of 5% or the | 14 |
| percentage increase
in the Consumer Price Index during the | 15 |
| 12-month calendar year preceding the
levy year or (b) the rate | 16 |
| of increase approved by voters under Section 18-205.
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| "Affected county" means a county of 3,000,000 or more | 18 |
| inhabitants or a
county contiguous to a county of 3,000,000 or | 19 |
| more inhabitants.
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| "Taxing district" has the same meaning provided in Section | 21 |
| 1-150, except as
otherwise provided in this Section. For the | 22 |
| 1991 through 1994 levy years only,
"taxing district" includes | 23 |
| only each non-home rule taxing district having the
majority of |
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| its
1990 equalized assessed value within any county or counties | 2 |
| contiguous to a
county with 3,000,000 or more inhabitants. | 3 |
| Beginning with the 1995 levy
year, "taxing district" includes | 4 |
| only each non-home rule taxing district
subject to this Law | 5 |
| before the 1995 levy year and each non-home rule
taxing | 6 |
| district not subject to this Law before the 1995 levy year | 7 |
| having the
majority of its 1994 equalized assessed value in an | 8 |
| affected county or
counties. Beginning with the levy year in
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| which this Law becomes applicable to a taxing district as
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| provided in Section 18-213, "taxing district" also includes | 11 |
| those taxing
districts made subject to this Law as provided in | 12 |
| Section 18-213.
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| "Aggregate extension" for taxing districts to which this | 14 |
| Law applied before
the 1995 levy year means the annual | 15 |
| corporate extension for the taxing
district and those special | 16 |
| purpose extensions that are made annually for
the taxing | 17 |
| district, excluding special purpose extensions: (a) made for | 18 |
| the
taxing district to pay interest or principal on general | 19 |
| obligation bonds
that were approved by referendum; (b) made for | 20 |
| any taxing district to pay
interest or principal on general | 21 |
| obligation bonds issued before October 1,
1991; (c) made for | 22 |
| any taxing district to pay interest or principal on bonds
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| issued to refund or continue to refund those bonds issued | 24 |
| before October 1,
1991; (d)
made for any taxing district to pay | 25 |
| interest or principal on bonds
issued to refund or continue to | 26 |
| refund bonds issued after October 1, 1991 that
were approved by |
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| referendum; (e)
made for any taxing district to pay interest
or | 2 |
| principal on revenue bonds issued before October 1, 1991 for | 3 |
| payment of
which a property tax levy or the full faith and | 4 |
| credit of the unit of local
government is pledged; however, a | 5 |
| tax for the payment of interest or principal
on those bonds | 6 |
| shall be made only after the governing body of the unit of | 7 |
| local
government finds that all other sources for payment are | 8 |
| insufficient to make
those payments; (f) made for payments | 9 |
| under a building commission lease when
the lease payments are | 10 |
| for the retirement of bonds issued by the commission
before | 11 |
| October 1, 1991, to pay for the building project; (g) made for | 12 |
| payments
due under installment contracts entered into before | 13 |
| October 1, 1991;
(h) made for payments of principal and | 14 |
| interest on bonds issued under the
Metropolitan Water | 15 |
| Reclamation District Act to finance construction projects
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| initiated before October 1, 1991; (i) made for payments of | 17 |
| principal and
interest on limited bonds, as defined in Section | 18 |
| 3 of the Local Government Debt
Reform Act, in an amount not to | 19 |
| exceed the debt service extension base less
the amount in items | 20 |
| (b), (c), (e), and (h) of this definition for
non-referendum | 21 |
| obligations, except obligations initially issued pursuant to
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| referendum; (j) made for payments of principal and interest on | 23 |
| bonds
issued under Section 15 of the Local Government Debt | 24 |
| Reform Act; (k)
made
by a school district that participates in | 25 |
| the Special Education District of
Lake County, created by | 26 |
| special education joint agreement under Section
10-22.31 of the |
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| School Code, for payment of the school district's share of the
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| amounts required to be contributed by the Special Education | 3 |
| District of Lake
County to the Illinois Municipal Retirement | 4 |
| Fund under Article 7 of the
Illinois Pension Code; the amount | 5 |
| of any extension under this item (k) shall be
certified by the | 6 |
| school district to the county clerk; (l) made to fund
expenses | 7 |
| of providing joint recreational programs for the handicapped | 8 |
| under
Section 5-8 of
the
Park District Code or Section 11-95-14 | 9 |
| of the Illinois Municipal Code; (m) made for temporary | 10 |
| relocation loan repayment purposes pursuant to Sections 2-3.77 | 11 |
| and 17-2.2d of the School Code; (n) made for payment of | 12 |
| principal and interest on any bonds issued under the authority | 13 |
| of Section 17-2.2d of the School Code; and (o) made for | 14 |
| contributions to a firefighter's pension fund created under | 15 |
| Article 4 of the Illinois Pension Code, to the extent of the | 16 |
| amount certified under item (5) of Section 4-134 of the | 17 |
| Illinois Pension Code.
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| "Aggregate extension" for the taxing districts to which | 19 |
| this Law did not
apply before the 1995 levy year (except taxing | 20 |
| districts subject to this Law
in
accordance with Section | 21 |
| 18-213) means the annual corporate extension for the
taxing | 22 |
| district and those special purpose extensions that are made | 23 |
| annually for
the taxing district, excluding special purpose | 24 |
| extensions: (a) made for the
taxing district to pay interest or | 25 |
| principal on general obligation bonds that
were approved by | 26 |
| referendum; (b) made for any taxing district to pay interest
or |
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| principal on general obligation bonds issued before March 1, | 2 |
| 1995; (c) made
for any taxing district to pay interest or | 3 |
| principal on bonds issued to refund
or continue to refund those | 4 |
| bonds issued before March 1, 1995; (d) made for any
taxing | 5 |
| district to pay interest or principal on bonds issued to refund | 6 |
| or
continue to refund bonds issued after March 1, 1995 that | 7 |
| were approved by
referendum; (e) made for any taxing district | 8 |
| to pay interest or principal on
revenue bonds issued before | 9 |
| March 1, 1995 for payment of which a property tax
levy or the | 10 |
| full faith and credit of the unit of local government is | 11 |
| pledged;
however, a tax for the payment of interest or | 12 |
| principal on those bonds shall be
made only after the governing | 13 |
| body of the unit of local government finds that
all other | 14 |
| sources for payment are insufficient to make those payments; | 15 |
| (f) made
for payments under a building commission lease when | 16 |
| the lease payments are for
the retirement of bonds issued by | 17 |
| the commission before March 1, 1995 to
pay for the building | 18 |
| project; (g) made for payments due under installment
contracts | 19 |
| entered into before March 1, 1995; (h) made for payments of
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| principal and interest on bonds issued under the Metropolitan | 21 |
| Water Reclamation
District Act to finance construction | 22 |
| projects initiated before October 1,
1991; (h-4) made for | 23 |
| stormwater management purposes by the Metropolitan Water | 24 |
| Reclamation District of Greater Chicago under Section 12 of the | 25 |
| Metropolitan Water Reclamation District Act; (i) made for | 26 |
| payments of principal and interest on limited bonds,
as defined |
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| in Section 3 of the Local Government Debt Reform Act, in an | 2 |
| amount
not to exceed the debt service extension base less the | 3 |
| amount in items (b),
(c), and (e) of this definition for | 4 |
| non-referendum obligations, except
obligations initially | 5 |
| issued pursuant to referendum and bonds described in
subsection | 6 |
| (h) of this definition; (j) made for payments of
principal and | 7 |
| interest on bonds issued under Section 15 of the Local | 8 |
| Government
Debt Reform Act; (k) made for payments of principal | 9 |
| and interest on bonds
authorized by Public Act 88-503 and | 10 |
| issued under Section 20a of the Chicago
Park District Act for | 11 |
| aquarium or
museum projects; (l) made for payments of principal | 12 |
| and interest on
bonds
authorized by Public Act 87-1191 or | 13 |
| 93-601 and (i) issued pursuant to Section 21.2 of the Cook | 14 |
| County Forest
Preserve District Act, (ii) issued under Section | 15 |
| 42 of the Cook County
Forest Preserve District Act for | 16 |
| zoological park projects, or (iii) issued
under Section 44.1 of | 17 |
| the Cook County Forest Preserve District Act for
botanical | 18 |
| gardens projects; (m) made
pursuant
to Section 34-53.5 of the | 19 |
| School Code, whether levied annually or not;
(n) made to fund | 20 |
| expenses of providing joint recreational programs for the
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| handicapped under Section 5-8 of the Park
District Code or | 22 |
| Section 11-95-14 of the Illinois Municipal Code;
(o) made by | 23 |
| the
Chicago Park
District for recreational programs for the | 24 |
| handicapped under subsection (c) of
Section
7.06 of the Chicago | 25 |
| Park District Act; (p) made for contributions to a | 26 |
| firefighter's pension fund created under Article 4 of the |
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| Illinois Pension Code, to the extent of the amount certified | 2 |
| under item (5) of Section 4-134 of the Illinois Pension Code; | 3 |
| and (q) made by Ford Heights School District 169 under Section | 4 |
| 17-9.02 of the School Code.
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| "Aggregate extension" for all taxing districts to which | 6 |
| this Law applies in
accordance with Section 18-213, except for | 7 |
| those taxing districts subject to
paragraph (2) of subsection | 8 |
| (e) of Section 18-213, means the annual corporate
extension for | 9 |
| the
taxing district and those special purpose extensions that | 10 |
| are made annually for
the taxing district, excluding special | 11 |
| purpose extensions: (a) made for the
taxing district to pay | 12 |
| interest or principal on general obligation bonds that
were | 13 |
| approved by referendum; (b) made for any taxing district to pay | 14 |
| interest
or principal on general obligation bonds issued before | 15 |
| the date on which the
referendum making this
Law applicable to | 16 |
| the taxing district is held; (c) made
for any taxing district | 17 |
| to pay interest or principal on bonds issued to refund
or | 18 |
| continue to refund those bonds issued before the date on which | 19 |
| the
referendum making this Law
applicable to the taxing | 20 |
| district is held;
(d) made for any
taxing district to pay | 21 |
| interest or principal on bonds issued to refund or
continue to | 22 |
| refund bonds issued after the date on which the referendum | 23 |
| making
this Law
applicable to the taxing district is held if | 24 |
| the bonds were approved by
referendum after the date on which | 25 |
| the referendum making this Law
applicable to the taxing | 26 |
| district is held; (e) made for any
taxing district to pay |
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| interest or principal on
revenue bonds issued before the date | 2 |
| on which the referendum making this Law
applicable to the
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| taxing district is held for payment of which a property tax
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| levy or the full faith and credit of the unit of local | 5 |
| government is pledged;
however, a tax for the payment of | 6 |
| interest or principal on those bonds shall be
made only after | 7 |
| the governing body of the unit of local government finds that
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| all other sources for payment are insufficient to make those | 9 |
| payments; (f) made
for payments under a building commission | 10 |
| lease when the lease payments are for
the retirement of bonds | 11 |
| issued by the commission before the date on which the
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| referendum making this
Law applicable to the taxing district is | 13 |
| held to
pay for the building project; (g) made for payments due | 14 |
| under installment
contracts entered into before the date on | 15 |
| which the referendum making this Law
applicable to
the taxing | 16 |
| district is held;
(h) made for payments
of principal and | 17 |
| interest on limited bonds,
as defined in Section 3 of the Local | 18 |
| Government Debt Reform Act, in an amount
not to exceed the debt | 19 |
| service extension base less the amount in items (b),
(c), and | 20 |
| (e) of this definition for non-referendum obligations, except
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| obligations initially issued pursuant to referendum; (i) made | 22 |
| for payments
of
principal and interest on bonds issued under | 23 |
| Section 15 of the Local Government
Debt Reform Act;
(j)
made | 24 |
| for a qualified airport authority to pay interest or principal | 25 |
| on
general obligation bonds issued for the purpose of paying | 26 |
| obligations due
under, or financing airport facilities |
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| required to be acquired, constructed,
installed or equipped | 2 |
| pursuant to, contracts entered into before March
1, 1996 (but | 3 |
| not including any amendments to such a contract taking effect | 4 |
| on
or after that date); (k) made to fund expenses of providing | 5 |
| joint
recreational programs for the handicapped under Section | 6 |
| 5-8 of
the
Park District Code or Section 11-95-14 of the | 7 |
| Illinois Municipal Code; and (l) made for contributions to a | 8 |
| firefighter's pension fund created under Article 4 of the | 9 |
| Illinois Pension Code, to the extent of the amount certified | 10 |
| under item (5) of Section 4-134 of the Illinois Pension Code ; | 11 |
| and (m) made for the taxing district to pay interest or | 12 |
| principal on general obligation bonds issued pursuant to | 13 |
| Section 19-3.10 of the School Code .
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| "Aggregate extension" for all taxing districts to which | 15 |
| this Law applies in
accordance with paragraph (2) of subsection | 16 |
| (e) of Section 18-213 means the
annual corporate extension for | 17 |
| the
taxing district and those special purpose extensions that | 18 |
| are made annually for
the taxing district, excluding special | 19 |
| purpose extensions: (a) made for the
taxing district to pay | 20 |
| interest or principal on general obligation bonds that
were | 21 |
| approved by referendum; (b) made for any taxing district to pay | 22 |
| interest
or principal on general obligation bonds issued before | 23 |
| the effective date of
this amendatory Act of 1997;
(c) made
for | 24 |
| any taxing district to pay interest or principal on bonds | 25 |
| issued to refund
or continue to refund those bonds issued | 26 |
| before the effective date
of this amendatory Act of 1997;
(d) |
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| made for any
taxing district to pay interest or principal on | 2 |
| bonds issued to refund or
continue to refund bonds issued after | 3 |
| the effective date of this amendatory Act
of 1997 if the bonds | 4 |
| were approved by referendum after the effective date of
this | 5 |
| amendatory Act of 1997;
(e) made for any
taxing district to pay | 6 |
| interest or principal on
revenue bonds issued before the | 7 |
| effective date of this amendatory Act of 1997
for payment of | 8 |
| which a property tax
levy or the full faith and credit of the | 9 |
| unit of local government is pledged;
however, a tax for the | 10 |
| payment of interest or principal on those bonds shall be
made | 11 |
| only after the governing body of the unit of local government | 12 |
| finds that
all other sources for payment are insufficient to | 13 |
| make those payments; (f) made
for payments under a building | 14 |
| commission lease when the lease payments are for
the retirement | 15 |
| of bonds issued by the commission before the effective date
of | 16 |
| this amendatory Act of 1997
to
pay for the building project; | 17 |
| (g) made for payments due under installment
contracts entered | 18 |
| into before the effective date of this amendatory Act of
1997;
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| (h) made for payments
of principal and interest on limited | 20 |
| bonds,
as defined in Section 3 of the Local Government Debt | 21 |
| Reform Act, in an amount
not to exceed the debt service | 22 |
| extension base less the amount in items (b),
(c), and (e) of | 23 |
| this definition for non-referendum obligations, except
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| obligations initially issued pursuant to referendum; (i) made | 25 |
| for payments
of
principal and interest on bonds issued under | 26 |
| Section 15 of the Local Government
Debt Reform Act;
(j)
made |
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| for a qualified airport authority to pay interest or principal | 2 |
| on
general obligation bonds issued for the purpose of paying | 3 |
| obligations due
under, or financing airport facilities | 4 |
| required to be acquired, constructed,
installed or equipped | 5 |
| pursuant to, contracts entered into before March
1, 1996 (but | 6 |
| not including any amendments to such a contract taking effect | 7 |
| on
or after that date); (k) made to fund expenses of providing | 8 |
| joint
recreational programs for the handicapped under Section | 9 |
| 5-8 of
the
Park District Code or Section 11-95-14 of the | 10 |
| Illinois Municipal Code; and (l) made for contributions to a | 11 |
| firefighter's pension fund created under Article 4 of the | 12 |
| Illinois Pension Code, to the extent of the amount certified | 13 |
| under item (5) of Section 4-134 of the Illinois Pension Code.
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| "Debt service extension base" means an amount equal to that | 15 |
| portion of the
extension for a taxing district for the 1994 | 16 |
| levy year, or for those taxing
districts subject to this Law in | 17 |
| accordance with Section 18-213, except for
those subject to | 18 |
| paragraph (2) of subsection (e) of Section 18-213, for the
levy
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| year in which the referendum making this Law applicable to the | 20 |
| taxing district
is held, or for those taxing districts subject | 21 |
| to this Law in accordance with
paragraph (2) of subsection (e) | 22 |
| of Section 18-213 for the 1996 levy year,
constituting an
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| extension for payment of principal and interest on bonds issued | 24 |
| by the taxing
district without referendum, but not including | 25 |
| excluded non-referendum bonds. For park districts (i) that were | 26 |
| first
subject to this Law in 1991 or 1995 and (ii) whose |
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| extension for the 1994 levy
year for the payment of principal | 2 |
| and interest on bonds issued by the park
district without | 3 |
| referendum (but not including excluded non-referendum bonds)
| 4 |
| was less than 51% of the amount for the 1991 levy year | 5 |
| constituting an
extension for payment of principal and interest | 6 |
| on bonds issued by the park
district without referendum (but | 7 |
| not including excluded non-referendum bonds),
"debt service | 8 |
| extension base" means an amount equal to that portion of the
| 9 |
| extension for the 1991 levy year constituting an extension for | 10 |
| payment of
principal and interest on bonds issued by the park | 11 |
| district without referendum
(but not including excluded | 12 |
| non-referendum bonds). The debt service extension
base may be | 13 |
| established or increased as provided under Section 18-212.
| 14 |
| "Excluded non-referendum bonds" means (i) bonds authorized by | 15 |
| Public
Act 88-503 and issued under Section 20a of the Chicago | 16 |
| Park District Act for
aquarium and museum projects; (ii) bonds | 17 |
| issued under Section 15 of the
Local Government Debt Reform | 18 |
| Act; or (iii) refunding obligations issued
to refund or to | 19 |
| continue to refund obligations initially issued pursuant to
| 20 |
| referendum.
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| "Special purpose extensions" include, but are not limited | 22 |
| to, extensions
for levies made on an annual basis for | 23 |
| unemployment and workers'
compensation, self-insurance, | 24 |
| contributions to pension plans, and extensions
made pursuant to | 25 |
| Section 6-601 of the Illinois Highway Code for a road
| 26 |
| district's permanent road fund whether levied annually or not. |
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| The
extension for a special service area is not included in the
| 2 |
| aggregate extension.
| 3 |
| "Aggregate extension base" means the taxing district's | 4 |
| last preceding
aggregate extension as adjusted under Sections | 5 |
| 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 | 6 |
| shall be made for the 2007 levy year and all subsequent levy | 7 |
| years whenever one or more counties within which a taxing | 8 |
| district is located (i) used estimated valuations or rates when | 9 |
| extending taxes in the taxing district for the last preceding | 10 |
| levy year that resulted in the over or under extension of | 11 |
| taxes, or (ii) increased or decreased the tax extension for the | 12 |
| last preceding levy year as required by Section 18-135(c). | 13 |
| Whenever an adjustment is required under Section 18-135, the | 14 |
| aggregate extension base of the taxing district shall be equal | 15 |
| to the amount that the aggregate extension of the taxing | 16 |
| district would have been for the last preceding levy year if | 17 |
| either or both (i) actual, rather than estimated, valuations or | 18 |
| rates had been used to calculate the extension of taxes for the | 19 |
| last levy year, or (ii) the tax extension for the last | 20 |
| preceding levy year had not been adjusted as required by | 21 |
| subsection (c) of Section 18-135.
| 22 |
| "Levy year" has the same meaning as "year" under Section
| 23 |
| 1-155.
| 24 |
| "New property" means (i) the assessed value, after final | 25 |
| board of review or
board of appeals action, of new improvements | 26 |
| or additions to existing
improvements on any parcel of real |
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| property that increase the assessed value of
that real property | 2 |
| during the levy year multiplied by the equalization factor
| 3 |
| issued by the Department under Section 17-30, (ii) the assessed | 4 |
| value, after
final board of review or board of appeals action, | 5 |
| of real property not exempt
from real estate taxation, which | 6 |
| real property was exempt from real estate
taxation for any | 7 |
| portion of the immediately preceding levy year, multiplied by
| 8 |
| the equalization factor issued by the Department under Section | 9 |
| 17-30, including the assessed value, upon final stabilization | 10 |
| of occupancy after new construction is complete, of any real | 11 |
| property located within the boundaries of an otherwise or | 12 |
| previously exempt military reservation that is intended for | 13 |
| residential use and owned by or leased to a private corporation | 14 |
| or other entity, and
(iii) in counties that classify in | 15 |
| accordance with Section 4 of Article
IX of the
Illinois | 16 |
| Constitution, an incentive property's additional assessed | 17 |
| value
resulting from a
scheduled increase in the level of | 18 |
| assessment as applied to the first year
final board of
review | 19 |
| market value.
In addition, the county clerk in a county | 20 |
| containing a population of
3,000,000 or more shall include in | 21 |
| the 1997
recovered tax increment value for any school district, | 22 |
| any recovered tax
increment value that was applicable to the | 23 |
| 1995 tax year calculations.
| 24 |
| "Qualified airport authority" means an airport authority | 25 |
| organized under
the Airport Authorities Act and located in a | 26 |
| county bordering on the State of
Wisconsin and having a |
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| population in excess of 200,000 and not greater than
500,000.
| 2 |
| "Recovered tax increment value" means, except as otherwise | 3 |
| provided in this
paragraph, the amount of the current year's | 4 |
| equalized assessed value, in the
first year after a | 5 |
| municipality terminates
the designation of an area as a | 6 |
| redevelopment project area previously
established under the | 7 |
| Tax Increment Allocation Development Act in the Illinois
| 8 |
| Municipal Code, previously established under the Industrial | 9 |
| Jobs Recovery Law
in the Illinois Municipal Code, previously | 10 |
| established under the Economic Development Project Area Tax | 11 |
| Increment Act of 1995, or previously established under the | 12 |
| Economic
Development Area Tax Increment Allocation Act, of each | 13 |
| taxable lot, block,
tract, or parcel of real property in the | 14 |
| redevelopment project area over and
above the initial equalized | 15 |
| assessed value of each property in the
redevelopment project | 16 |
| area.
For the taxes which are extended for the 1997 levy year, | 17 |
| the recovered tax
increment value for a non-home rule taxing | 18 |
| district that first became subject
to this Law for the 1995 | 19 |
| levy year because a majority of its 1994 equalized
assessed | 20 |
| value was in an affected county or counties shall be increased | 21 |
| if a
municipality terminated the designation of an area in 1993 | 22 |
| as a redevelopment
project area previously established under | 23 |
| the Tax Increment Allocation
Development Act in the Illinois | 24 |
| Municipal Code, previously established under
the Industrial | 25 |
| Jobs Recovery Law in the Illinois Municipal Code, or previously
| 26 |
| established under the Economic Development Area Tax Increment |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| Allocation Act,
by an amount equal to the 1994 equalized | 2 |
| assessed value of each taxable lot,
block, tract, or parcel of | 3 |
| real property in the redevelopment project area over
and above | 4 |
| the initial equalized assessed value of each property in the
| 5 |
| redevelopment project area.
In the first year after a | 6 |
| municipality
removes a taxable lot, block, tract, or parcel of | 7 |
| real property from a
redevelopment project area established | 8 |
| under the Tax Increment Allocation
Development Act in the | 9 |
| Illinois
Municipal Code, the Industrial Jobs Recovery Law
in | 10 |
| the Illinois Municipal Code, or the Economic
Development Area | 11 |
| Tax Increment Allocation Act, "recovered tax increment value"
| 12 |
| means the amount of the current year's equalized assessed value | 13 |
| of each taxable
lot, block, tract, or parcel of real property | 14 |
| removed from the redevelopment
project area over and above the | 15 |
| initial equalized assessed value of that real
property before | 16 |
| removal from the redevelopment project area.
| 17 |
| Except as otherwise provided in this Section, "limiting | 18 |
| rate" means a
fraction the numerator of which is the last
| 19 |
| preceding aggregate extension base times an amount equal to one | 20 |
| plus the
extension limitation defined in this Section and the | 21 |
| denominator of which
is the current year's equalized assessed | 22 |
| value of all real property in the
territory under the | 23 |
| jurisdiction of the taxing district during the prior
levy year. | 24 |
| For those taxing districts that reduced their aggregate
| 25 |
| extension for the last preceding levy year, the highest | 26 |
| aggregate extension
in any of the last 3 preceding levy years |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| shall be used for the purpose of
computing the limiting rate. | 2 |
| The denominator shall not include new
property or the recovered | 3 |
| tax increment
value.
If a new rate, a rate decrease, or a | 4 |
| limiting rate increase has been approved at an election held | 5 |
| after March 21, 2006, then (i) the otherwise applicable | 6 |
| limiting rate shall be increased by the amount of the new rate | 7 |
| or shall be reduced by the amount of the rate decrease, as the | 8 |
| case may be, or (ii) in the case of a limiting rate increase, | 9 |
| the limiting rate shall be equal to the rate set forth
in the | 10 |
| proposition approved by the voters for each of the years | 11 |
| specified in the proposition, after
which the limiting rate of | 12 |
| the taxing district shall be calculated as otherwise provided.
| 13 |
| (Source: P.A. 94-974, eff. 6-30-06; 94-976, eff. 6-30-06; | 14 |
| 94-1078, eff. 1-9-07; 95-90, eff. 1-1-08; 95-331, eff. 8-21-07; | 15 |
| 95-404, eff. 1-1-08; 95-876, eff. 8-21-08.)
| 16 |
| Section 5. The School Code is amended by changing Sections | 17 |
| 10-22.36 and 19-1 and by adding Sections 19-3.5 and 19-3.10 as | 18 |
| follows:
| 19 |
| (105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
| 20 |
| Sec. 10-22.36. Buildings for school purposes. To build or | 21 |
| purchase a building for school classroom or
instructional | 22 |
| purposes upon the approval of a majority of the voters upon the
| 23 |
| proposition at a referendum held for such purpose or in | 24 |
| accordance with
Section 17-2.11 , 19-3.5, or 19-3.10 . The board |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| may initiate such referendum by resolution.
The board shall | 2 |
| certify the resolution and proposition to the proper
election | 3 |
| authority for submission in accordance with the general | 4 |
| election law.
| 5 |
| The questions of building one or more new buildings for | 6 |
| school
purposes or office facilities, and issuing bonds for the | 7 |
| purpose of
borrowing money to purchase one or more buildings or | 8 |
| sites for such
buildings or office sites, to build one or more | 9 |
| new buildings for school
purposes or office facilities or to | 10 |
| make additions and improvements to
existing school buildings, | 11 |
| may be combined into one or more propositions
on the ballot.
| 12 |
| Before erecting, or purchasing or remodeling such a | 13 |
| building the
board shall submit the plans and specifications | 14 |
| respecting heating,
ventilating, lighting, seating, water | 15 |
| supply, toilets and safety against
fire to the regional | 16 |
| superintendent of schools having supervision and
control over | 17 |
| the district, for approval in accordance with Section 2-3.12.
| 18 |
| Notwithstanding any of the foregoing, no referendum shall | 19 |
| be required
if the purchase, construction, or building of any
| 20 |
| such
building is completed (1) while the building is being
| 21 |
| leased by the school district or (2) with the expenditure of | 22 |
| (A) funds
derived from the sale or disposition of other | 23 |
| buildings, land, or
structures of the school district or (B) | 24 |
| funds received (i) as a
grant under the
School Construction | 25 |
| Law, (ii) as gifts or donations,
provided that no funds to | 26 |
| complete such building, other than lease
payments, are
derived |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| from the district's bonded indebtedness or the tax levy of
the
| 2 |
| district, or (iii) from the County School Facility Occupation | 3 |
| Tax Law under Section 5-1006.7 of the Counties Code.
| 4 |
| (Source: P.A. 95-675, eff. 10-11-07.)
| 5 |
| (105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
| 6 |
| Sec. 19-1. Debt limitations of school districts.
| 7 |
| (a) School districts shall not be subject to the provisions | 8 |
| limiting their
indebtedness prescribed in "An Act to limit the | 9 |
| indebtedness of counties having
a population of less than | 10 |
| 500,000 and townships, school districts and other
municipal | 11 |
| corporations having a population of less than 300,000", | 12 |
| approved
February 15, 1928, as amended.
| 13 |
| No school districts maintaining grades K through 8 or 9 | 14 |
| through 12
shall become indebted in any manner or for any | 15 |
| purpose to an amount,
including existing indebtedness, in the | 16 |
| aggregate exceeding 6.9% on the
value of the taxable property | 17 |
| therein to be ascertained by the last assessment
for State and | 18 |
| county taxes or, until January 1, 1983, if greater, the sum | 19 |
| that
is produced by multiplying the school district's 1978 | 20 |
| equalized assessed
valuation by the debt limitation percentage | 21 |
| in effect on January 1, 1979,
previous to the incurring of such | 22 |
| indebtedness.
| 23 |
| No school districts maintaining grades K through 12 shall | 24 |
| become
indebted in any manner or for any purpose to an amount, | 25 |
| including
existing indebtedness, in the aggregate exceeding |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| 13.8% on the value of
the taxable property therein to be | 2 |
| ascertained by the last assessment
for State and county taxes | 3 |
| or, until January 1, 1983, if greater, the sum that
is produced | 4 |
| by multiplying the school district's 1978 equalized assessed
| 5 |
| valuation by the debt limitation percentage in effect on | 6 |
| January 1, 1979,
previous to the incurring of such | 7 |
| indebtedness.
| 8 |
| No partial elementary unit district, as defined in Article | 9 |
| 11E of this Code, shall become indebted in any manner or for | 10 |
| any purpose in an amount, including existing indebtedness, in | 11 |
| the aggregate exceeding 6.9% of the value of the taxable | 12 |
| property of the entire district, to be ascertained by the last | 13 |
| assessment for State and county taxes, plus an amount, | 14 |
| including existing indebtedness, in the aggregate exceeding | 15 |
| 6.9% of the value of the taxable property of that portion of | 16 |
| the district included in the elementary and high school | 17 |
| classification, to be ascertained by the last assessment for | 18 |
| State and county taxes. Moreover, no partial elementary unit | 19 |
| district, as defined in Article 11E of this Code, shall become | 20 |
| indebted on account of bonds issued by the district for high | 21 |
| school purposes in the aggregate exceeding 6.9% of the value of | 22 |
| the taxable property of the entire district, to be ascertained | 23 |
| by the last assessment for State and county taxes, nor shall | 24 |
| the district become indebted on account of bonds issued by the | 25 |
| district for elementary purposes in the aggregate exceeding | 26 |
| 6.9% of the value of the taxable property for that portion of |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| the district included in the elementary and high school | 2 |
| classification, to be ascertained by the last assessment for | 3 |
| State and county taxes.
| 4 |
| Notwithstanding the provisions of any other law to the | 5 |
| contrary, in any
case in which the voters of a school district | 6 |
| have approved a proposition
for the issuance of bonds of such | 7 |
| school district at an election held prior
to January 1, 1979, | 8 |
| and all of the bonds approved at such election have
not been | 9 |
| issued, the debt limitation applicable to such school district
| 10 |
| during the calendar year 1979 shall be computed by multiplying | 11 |
| the value
of taxable property therein, including personal | 12 |
| property, as ascertained
by the last assessment for State and | 13 |
| county taxes, previous to the incurring
of such indebtedness, | 14 |
| by the percentage limitation applicable to such school
district | 15 |
| under the provisions of this subsection (a).
| 16 |
| (b) Notwithstanding the debt limitation prescribed in | 17 |
| subsection (a)
of this Section, additional indebtedness may be | 18 |
| incurred in an amount
not to exceed the estimated cost of | 19 |
| acquiring or improving school sites
or constructing and | 20 |
| equipping additional building facilities under the
following | 21 |
| conditions:
| 22 |
| (1) Whenever the enrollment of students for the next | 23 |
| school year is
estimated by the board of education to | 24 |
| increase over the actual present
enrollment by not less | 25 |
| than 35% or by not less than 200 students or the
actual | 26 |
| present enrollment of students has increased over the |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| previous
school year by not less than 35% or by not less | 2 |
| than 200 students and
the board of education determines | 3 |
| that additional school sites or
building facilities are | 4 |
| required as a result of such increase in
enrollment; and
| 5 |
| (2) When the Regional Superintendent of Schools having | 6 |
| jurisdiction
over the school district and the State | 7 |
| Superintendent of Education
concur in such enrollment | 8 |
| projection or increase and approve the need
for such | 9 |
| additional school sites or building facilities and the
| 10 |
| estimated cost thereof; and
| 11 |
| (3) When the voters in the school district approve a | 12 |
| proposition for
the issuance of bonds for the purpose of | 13 |
| acquiring or improving such
needed school sites or | 14 |
| constructing and equipping such needed additional
building | 15 |
| facilities at an election called and held for that purpose.
| 16 |
| Notice of such an election shall state that the amount of | 17 |
| indebtedness
proposed to be incurred would exceed the debt | 18 |
| limitation otherwise
applicable to the school district. | 19 |
| The ballot for such proposition
shall state what percentage | 20 |
| of the equalized assessed valuation will be
outstanding in | 21 |
| bonds if the proposed issuance of bonds is approved by
the | 22 |
| voters; or
| 23 |
| (4) Notwithstanding the provisions of paragraphs (1) | 24 |
| through (3) of
this subsection (b), if the school board | 25 |
| determines that additional
facilities are needed to | 26 |
| provide a quality educational program and not
less than 2/3 |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| of those voting in an election called by the school board
| 2 |
| on the question approve the issuance of bonds for the | 3 |
| construction of
such facilities, the school district may | 4 |
| issue bonds for this
purpose; or
| 5 |
| (5) Notwithstanding the provisions of paragraphs (1) | 6 |
| through (3) of this
subsection (b), if (i) the school | 7 |
| district has previously availed itself of the
provisions of | 8 |
| paragraph (4) of this subsection (b) to enable it to issue | 9 |
| bonds,
(ii) the voters of the school district have not | 10 |
| defeated a proposition for the
issuance of bonds since the | 11 |
| referendum described in paragraph (4) of this
subsection | 12 |
| (b) was held, (iii) the school board determines that | 13 |
| additional
facilities are needed to provide a quality | 14 |
| educational program, and (iv) a
majority of those voting in | 15 |
| an election called by the school board on the
question | 16 |
| approve the issuance of bonds for the construction of such | 17 |
| facilities,
the school district may issue bonds for this | 18 |
| purpose.
| 19 |
| In no event shall the indebtedness incurred pursuant to | 20 |
| this
subsection (b) and the existing indebtedness of the school | 21 |
| district
exceed 15% of the value of the taxable property | 22 |
| therein to be
ascertained by the last assessment for State and | 23 |
| county taxes, previous
to the incurring of such indebtedness | 24 |
| or, until January 1, 1983, if greater,
the sum that is produced | 25 |
| by multiplying the school district's 1978 equalized
assessed | 26 |
| valuation by the debt limitation percentage in effect on |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| January 1,
1979.
| 2 |
| The indebtedness provided for by this subsection (b) shall | 3 |
| be in
addition to and in excess of any other debt limitation.
| 4 |
| (c) Notwithstanding the debt limitation prescribed in | 5 |
| subsection (a)
of this Section, in any case in which a public | 6 |
| question for the issuance
of bonds of a proposed school | 7 |
| district maintaining grades kindergarten
through 12 received | 8 |
| at least 60% of the valid ballots cast on the question at
an | 9 |
| election held on or prior to November 8, 1994, and in which the | 10 |
| bonds
approved at such election have not been issued, the | 11 |
| school district pursuant to
the requirements of Section 11A-10 | 12 |
| (now repealed) may issue the total amount of bonds approved
at | 13 |
| such election for the purpose stated in the question.
| 14 |
| (d) Notwithstanding the debt limitation prescribed in | 15 |
| subsection (a)
of this Section, a school district that meets | 16 |
| all the criteria set forth in
paragraphs (1) and (2) of this | 17 |
| subsection (d) may incur an additional
indebtedness in an | 18 |
| amount not to exceed $4,500,000, even though the amount of
the | 19 |
| additional indebtedness authorized by this subsection (d), | 20 |
| when incurred
and added to the aggregate amount of indebtedness | 21 |
| of the district existing
immediately prior to the district | 22 |
| incurring the additional indebtedness
authorized by this | 23 |
| subsection (d), causes the aggregate indebtedness of the
| 24 |
| district to exceed the debt limitation otherwise applicable to | 25 |
| that district
under subsection (a):
| 26 |
| (1) The additional indebtedness authorized by this |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| subsection (d) is
incurred by the school district through | 2 |
| the issuance of bonds under and in
accordance with Section | 3 |
| 17-2.11a for the purpose of replacing a school
building | 4 |
| which, because of mine subsidence damage, has been closed | 5 |
| as provided
in paragraph (2) of this subsection (d) or | 6 |
| through the issuance of bonds under
and in accordance with | 7 |
| Section 19-3 for the purpose of increasing the size of,
or | 8 |
| providing for additional functions in, such replacement | 9 |
| school buildings, or
both such purposes.
| 10 |
| (2) The bonds issued by the school district as provided | 11 |
| in paragraph (1)
above are issued for the purposes of | 12 |
| construction by the school district of
a new school | 13 |
| building pursuant to Section 17-2.11, to replace an | 14 |
| existing
school building that, because of mine subsidence | 15 |
| damage, is closed as of the
end of the 1992-93 school year | 16 |
| pursuant to action of the regional
superintendent of | 17 |
| schools of the educational service region in which the
| 18 |
| district is located under Section 3-14.22 or are issued for | 19 |
| the purpose of
increasing the size of, or providing for | 20 |
| additional functions in, the new
school building being | 21 |
| constructed to replace a school building closed as the
| 22 |
| result of mine subsidence damage, or both such purposes.
| 23 |
| (e) (Blank).
| 24 |
| (f) Notwithstanding the provisions of subsection (a) of | 25 |
| this Section or of
any other law, bonds in not to exceed the | 26 |
| aggregate amount of $5,500,000 and
issued by a school district |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| meeting the following criteria shall not be
considered | 2 |
| indebtedness for purposes of any statutory limitation and may | 3 |
| be
issued in an amount or amounts, including existing | 4 |
| indebtedness, in excess of
any heretofore or hereafter imposed | 5 |
| statutory limitation as to indebtedness:
| 6 |
| (1) At the time of the sale of such bonds, the board of | 7 |
| education of the
district shall have determined by | 8 |
| resolution that the enrollment of students in
the district | 9 |
| is projected to increase by not less than 7% during each of | 10 |
| the
next succeeding 2 school years.
| 11 |
| (2) The board of education shall also determine by | 12 |
| resolution that the
improvements to be financed with the | 13 |
| proceeds of the bonds are needed because
of the projected | 14 |
| enrollment increases.
| 15 |
| (3) The board of education shall also determine by | 16 |
| resolution that the
projected increases in enrollment are | 17 |
| the result of improvements made or
expected to be made to | 18 |
| passenger rail facilities located in the school
district.
| 19 |
| Notwithstanding the provisions of subsection (a) of this | 20 |
| Section or of any other law, a school district that has availed | 21 |
| itself of the provisions of this subsection (f) prior to July | 22 |
| 22, 2004 (the effective date of Public Act 93-799) may also | 23 |
| issue bonds approved by referendum up to an amount, including | 24 |
| existing indebtedness, not exceeding 25% of the equalized | 25 |
| assessed value of the taxable property in the district if all | 26 |
| of the conditions set forth in items (1), (2), and (3) of this |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| subsection (f) are met.
| 2 |
| (g) Notwithstanding the provisions of subsection (a) of | 3 |
| this Section or any
other law, bonds in not to exceed an | 4 |
| aggregate amount of 25% of the equalized
assessed value of the | 5 |
| taxable property of a school district and issued by a
school | 6 |
| district meeting the criteria in paragraphs (i) through (iv) of | 7 |
| this
subsection shall not be considered indebtedness for | 8 |
| purposes of any statutory
limitation and may be issued pursuant | 9 |
| to resolution of the school board in an
amount or amounts, | 10 |
| including existing indebtedness, in
excess of any statutory | 11 |
| limitation of indebtedness heretofore or hereafter
imposed:
| 12 |
| (i) The bonds are issued for the purpose of | 13 |
| constructing a new high school
building to replace two | 14 |
| adjacent existing buildings which together house a
single | 15 |
| high school, each of which is more than 65 years old, and | 16 |
| which together
are located on more than 10 acres and less | 17 |
| than 11 acres of property.
| 18 |
| (ii) At the time the resolution authorizing the | 19 |
| issuance of the bonds is
adopted, the cost of constructing | 20 |
| a new school building to replace the existing
school | 21 |
| building is less than 60% of the cost of repairing the | 22 |
| existing school
building.
| 23 |
| (iii) The sale of the bonds occurs before July 1, 1997.
| 24 |
| (iv) The school district issuing the bonds is a unit | 25 |
| school district
located in a county of less than 70,000 and | 26 |
| more than 50,000 inhabitants,
which has an average daily |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| attendance of less than 1,500 and an equalized
assessed | 2 |
| valuation of less than $29,000,000.
| 3 |
| (h) Notwithstanding any other provisions of this Section or | 4 |
| the
provisions of any other law, until January 1, 1998, 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 27.6% of the equalized assessed
| 8 |
| value of the taxable property in the district, if all of the | 9 |
| following
conditions are met:
| 10 |
| (i) The school district has an equalized assessed | 11 |
| valuation for calendar
year 1995 of less than $24,000,000;
| 12 |
| (ii) The bonds are issued for the capital improvement, | 13 |
| renovation,
rehabilitation, or replacement of existing | 14 |
| school buildings of the district,
all of which buildings | 15 |
| were originally constructed not less than 40 years ago;
| 16 |
| (iii) The voters of the district approve a proposition | 17 |
| for the issuance of
the bonds at a referendum held after | 18 |
| March 19, 1996; and
| 19 |
| (iv) The bonds are issued pursuant to Sections 19-2 | 20 |
| through 19-7 of this
Code.
| 21 |
| (i) Notwithstanding any other provisions of this Section or | 22 |
| the provisions
of any other law, until January 1, 1998, a | 23 |
| community unit school district
maintaining grades K through 12 | 24 |
| may issue bonds up to an amount, including
existing | 25 |
| indebtedness, not exceeding 27% of the equalized assessed value | 26 |
| of the
taxable property in the district, if all of the |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| following conditions are met:
| 2 |
| (i) The school district has an equalized assessed | 3 |
| valuation for calendar
year 1995 of less than $44,600,000;
| 4 |
| (ii) The bonds are issued for the capital improvement, | 5 |
| renovation,
rehabilitation, or replacement
of existing | 6 |
| school buildings of the district, all of which
existing | 7 |
| buildings were originally constructed not less than 80 | 8 |
| years ago;
| 9 |
| (iii) The voters of the district approve a proposition | 10 |
| for the issuance of
the bonds at a referendum held after | 11 |
| December 31, 1996; and
| 12 |
| (iv) The bonds are issued pursuant to Sections 19-2 | 13 |
| through 19-7 of this
Code.
| 14 |
| (j) Notwithstanding any other provisions of this Section or | 15 |
| the
provisions of any other law, until January 1, 1999, a | 16 |
| community unit school
district maintaining grades K through 12 | 17 |
| may issue bonds up to an amount,
including existing | 18 |
| indebtedness, not exceeding 27% of the equalized assessed
value | 19 |
| of the taxable property in the district if all of the following
| 20 |
| conditions are met:
| 21 |
| (i) The school district has an equalized assessed | 22 |
| valuation for calendar
year 1995 of less than $140,000,000 | 23 |
| and a best 3 months
average daily
attendance for the | 24 |
| 1995-96 school year of at least 2,800;
| 25 |
| (ii) The bonds are issued to purchase a site and build | 26 |
| and equip a new
high school, and the school district's |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| existing high school was originally
constructed not less | 2 |
| than 35
years prior to the sale of the bonds;
| 3 |
| (iii) At the time of the sale of the bonds, the board | 4 |
| of education
determines
by resolution that a new high | 5 |
| school is needed because of projected enrollment
| 6 |
| increases;
| 7 |
| (iv) At least 60% of those voting in an election held
| 8 |
| after December 31, 1996 approve a proposition
for the | 9 |
| issuance of
the bonds; and
| 10 |
| (v) The bonds are issued pursuant to Sections 19-2 | 11 |
| through
19-7 of this Code.
| 12 |
| (k) Notwithstanding the debt limitation prescribed in | 13 |
| subsection (a) of
this Section, a school district that meets | 14 |
| all the criteria set forth in
paragraphs (1) through (4) of | 15 |
| this subsection (k) may issue bonds to incur an
additional | 16 |
| indebtedness in an amount not to exceed $4,000,000 even though | 17 |
| the
amount of the additional indebtedness authorized by this | 18 |
| subsection (k), when
incurred and added to the aggregate amount | 19 |
| of indebtedness of the school
district existing immediately | 20 |
| prior to the school district incurring such
additional | 21 |
| indebtedness, causes the aggregate indebtedness of the school
| 22 |
| district to exceed or increases the amount by which the | 23 |
| aggregate indebtedness
of the district already exceeds the debt | 24 |
| limitation otherwise applicable to
that school district under | 25 |
| subsection (a):
| 26 |
| (1) the school district is located in 2 counties, and a |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| referendum to
authorize the additional indebtedness was | 2 |
| approved by a majority of the voters
of the school district | 3 |
| voting on the proposition to authorize that
indebtedness;
| 4 |
| (2) the additional indebtedness is for the purpose of | 5 |
| financing a
multi-purpose room addition to the existing | 6 |
| high school;
| 7 |
| (3) the additional indebtedness, together with the | 8 |
| existing indebtedness
of the school district, shall not | 9 |
| exceed 17.4% of the value of the taxable
property in the | 10 |
| school district, to be ascertained by the last assessment | 11 |
| for
State and county taxes; and
| 12 |
| (4) the bonds evidencing the additional indebtedness | 13 |
| are issued, if at
all, within 120 days of the effective | 14 |
| date of this amendatory Act of 1998.
| 15 |
| (l) Notwithstanding any other provisions of this Section or | 16 |
| the
provisions of any other law, until January 1, 2000, a | 17 |
| school district
maintaining grades kindergarten through 8 may | 18 |
| issue bonds up to an amount,
including existing indebtedness, | 19 |
| not exceeding 15% of the equalized assessed
value of the | 20 |
| taxable property in the district if all of the following
| 21 |
| conditions are met:
| 22 |
| (i) the district has an equalized assessed valuation | 23 |
| for calendar year
1996 of less than $10,000,000;
| 24 |
| (ii) the bonds are issued for capital improvement, | 25 |
| renovation,
rehabilitation, or replacement of one or more | 26 |
| school buildings of the district,
which buildings were |
|
|
|
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| 1 |
| originally constructed not less than 70 years ago;
| 2 |
| (iii) the voters of the district approve a proposition | 3 |
| for the issuance of
the bonds at a referendum held on or | 4 |
| after March 17, 1998; and
| 5 |
| (iv) the bonds are issued pursuant to Sections 19-2 | 6 |
| through 19-7 of this
Code.
| 7 |
| (m) Notwithstanding any other provisions of this Section or | 8 |
| the provisions
of
any other law, until January 1, 1999, an | 9 |
| elementary school district maintaining
grades K through 8 may | 10 |
| issue bonds up to an amount, excluding existing
indebtedness, | 11 |
| not exceeding 18% of the equalized assessed value of the | 12 |
| taxable
property in the district, if all of the following | 13 |
| conditions are met:
| 14 |
| (i) The school district has an equalized assessed | 15 |
| valuation for calendar
year 1995 or less than $7,700,000;
| 16 |
| (ii) The school district operates 2 elementary | 17 |
| attendance centers that
until
1976 were operated as the | 18 |
| attendance centers of 2 separate and distinct school
| 19 |
| districts;
| 20 |
| (iii) The bonds are issued for the construction of a | 21 |
| new elementary school
building to replace an existing | 22 |
| multi-level elementary school building of the
school | 23 |
| district that is not handicapped accessible at all levels | 24 |
| and parts of
which were constructed more than 75 years ago;
| 25 |
| (iv) The voters of the school district approve a | 26 |
| proposition for the
issuance of the bonds at a referendum |
|
|
|
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LRB096 10393 NHT 20563 b |
|
| 1 |
| held after July 1, 1998; and
| 2 |
| (v) The bonds are issued pursuant to Sections 19-2 | 3 |
| through 19-7 of this
Code.
| 4 |
| (n) Notwithstanding the debt limitation prescribed in | 5 |
| subsection (a) of
this Section or any other provisions of this | 6 |
| Section or of any other law, a
school district that meets all | 7 |
| of the criteria set forth in paragraphs (i)
through (vi) of | 8 |
| this subsection (n) may incur additional indebtedness by the
| 9 |
| issuance of bonds in an amount not exceeding the amount | 10 |
| certified by the
Capital Development Board to the school | 11 |
| district as provided in paragraph (iii)
of
this subsection (n), | 12 |
| even though the amount of the additional indebtedness so
| 13 |
| authorized, when incurred and added to the aggregate amount of | 14 |
| indebtedness of
the district existing immediately prior to the | 15 |
| district incurring the
additional indebtedness authorized by | 16 |
| this subsection (n), causes the aggregate
indebtedness of the | 17 |
| district to exceed the debt limitation otherwise applicable
by | 18 |
| law to that district:
| 19 |
| (i) The school district applies to the State Board of | 20 |
| Education for a
school construction project grant and | 21 |
| submits a district facilities plan in
support
of its | 22 |
| application pursuant to Section 5-20 of
the School | 23 |
| Construction Law.
| 24 |
| (ii) The school district's application and facilities | 25 |
| plan are approved
by,
and the district receives a grant | 26 |
| entitlement for a school construction project
issued by, |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| the State Board of Education under the School Construction | 2 |
| Law.
| 3 |
| (iii) The school district has exhausted its bonding | 4 |
| capacity or the unused
bonding capacity of the district is | 5 |
| less than the amount certified by the
Capital Development | 6 |
| Board to the district under Section 5-15 of the School
| 7 |
| Construction Law as the dollar amount of the school | 8 |
| construction project's cost
that the district will be | 9 |
| required to finance with non-grant funds in order to
| 10 |
| receive a school construction project grant under the | 11 |
| School Construction Law.
| 12 |
| (iv) The bonds are issued for a "school construction | 13 |
| project", as that
term is defined in Section 5-5 of the | 14 |
| School Construction Law, in an amount
that does not exceed | 15 |
| the dollar amount certified, as provided in paragraph
(iii) | 16 |
| of this subsection (n), by the Capital Development Board
to | 17 |
| the school
district under Section 5-15 of the School | 18 |
| Construction Law.
| 19 |
| (v) The voters of the district approve a proposition | 20 |
| for the issuance of
the bonds at a referendum held after | 21 |
| the criteria specified in paragraphs (i)
and (iii) of this | 22 |
| subsection (n) are met.
| 23 |
| (vi) The bonds are issued pursuant to Sections 19-2 | 24 |
| through 19-7 of the
School Code.
| 25 |
| (o) Notwithstanding any other provisions of this Section or | 26 |
| the
provisions of any other law, until November 1, 2007, a |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| community unit
school district maintaining grades K through 12 | 2 |
| may issue bonds up to
an amount, including existing | 3 |
| indebtedness, not exceeding 20% of the
equalized assessed value | 4 |
| of the taxable property in the district if all of the
following | 5 |
| conditions are met:
| 6 |
| (i) the school district has an equalized assessed | 7 |
| valuation
for calendar year 2001 of at least $737,000,000 | 8 |
| and an enrollment
for the 2002-2003 school year of at least | 9 |
| 8,500;
| 10 |
| (ii) the bonds are issued to purchase school sites, | 11 |
| build and
equip a new high school, build and equip a new | 12 |
| junior high school,
build and equip 5 new elementary | 13 |
| schools, and make technology
and other improvements and | 14 |
| additions to existing schools;
| 15 |
| (iii) at the time of the sale of the bonds, the board | 16 |
| of
education determines by resolution that the sites and | 17 |
| new or
improved facilities are needed because of projected | 18 |
| enrollment
increases;
| 19 |
| (iv) at least 57% of those voting in a general election | 20 |
| held
prior to January 1, 2003 approved a proposition for | 21 |
| the issuance of
the bonds; and
| 22 |
| (v) the bonds are issued pursuant to Sections 19-2 | 23 |
| through
19-7 of this Code.
| 24 |
| (p) Notwithstanding any other provisions of this Section or | 25 |
| the provisions of any other law, a community unit school | 26 |
| district maintaining grades K through 12 may issue bonds up to |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| an amount, including indebtedness, not exceeding 27% of the | 2 |
| equalized assessed value of the taxable property in the | 3 |
| district if all of the following conditions are met: | 4 |
| (i) The school district has an equalized assessed | 5 |
| valuation for calendar year 2001 of at least $295,741,187 | 6 |
| and a best 3 months' average daily attendance for the | 7 |
| 2002-2003 school year of at least 2,394. | 8 |
| (ii) The bonds are issued to build and equip 3 | 9 |
| elementary school buildings; build and equip one middle | 10 |
| school building; and alter, repair, improve, and equip all | 11 |
| existing school buildings in the district. | 12 |
| (iii) At the time of the sale of the bonds, the board | 13 |
| of education determines by resolution that the project is | 14 |
| needed because of expanding growth in the school district | 15 |
| and a projected enrollment increase. | 16 |
| (iv) The bonds are issued pursuant to Sections 19-2 | 17 |
| through 19-7 of this Code.
| 18 |
| (p-5) Notwithstanding any other provisions of this Section | 19 |
| or the provisions of any other law, bonds issued by a community | 20 |
| unit school district maintaining grades K through 12 shall not | 21 |
| be considered indebtedness for purposes of any statutory | 22 |
| limitation and may be issued in an amount or amounts, including | 23 |
| existing indebtedness, in excess of any heretofore or hereafter | 24 |
| imposed statutory limitation as to indebtedness, if all of the | 25 |
| following conditions are met: | 26 |
| (i) For each of the 4 most recent years, residential |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| property comprises more than 80% of the equalized assessed | 2 |
| valuation of the district. | 3 |
| (ii) At least 2 school buildings that were constructed | 4 |
| 40 or more years prior to the issuance of the bonds will be | 5 |
| demolished and will be replaced by new buildings or | 6 |
| additions to one or more existing buildings. | 7 |
| (iii) Voters of the district approve a proposition for | 8 |
| the issuance of the bonds at a regularly scheduled | 9 |
| election. | 10 |
| (iv) At the time of the sale of the bonds, the school | 11 |
| board determines by resolution that the new buildings or | 12 |
| building additions are needed because of an increase in | 13 |
| enrollment projected by the school board. | 14 |
| (v) The principal amount of the bonds, including | 15 |
| existing indebtedness, does not exceed 25% of the equalized | 16 |
| assessed value of the taxable property in the district. | 17 |
| (vi) The bonds are issued prior to January 1, 2007, | 18 |
| pursuant to Sections 19-2 through 19-7 of this Code.
| 19 |
| (p-10) Notwithstanding any other provisions of this | 20 |
| Section or the provisions of any other law, bonds issued by a | 21 |
| community consolidated school district maintaining grades K | 22 |
| through 8 shall not be considered indebtedness for purposes of | 23 |
| any statutory limitation and may be issued in an amount or | 24 |
| amounts, including existing indebtedness, in excess of any | 25 |
| heretofore or hereafter imposed statutory limitation as to | 26 |
| indebtedness, if all of the following conditions are met: |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| (i) For each of the 4 most recent years, residential | 2 |
| and farm property comprises more than 80% of the equalized | 3 |
| assessed valuation of the district. | 4 |
| (ii) The bond proceeds are to be used to acquire and | 5 |
| improve school sites and build and equip a school building. | 6 |
| (iii) Voters of the district approve a proposition for | 7 |
| the issuance of the bonds at a regularly scheduled | 8 |
| election. | 9 |
| (iv) At the time of the sale of the bonds, the school | 10 |
| board determines by resolution that the school sites and | 11 |
| building additions are needed because of an increase in | 12 |
| enrollment projected by the school board. | 13 |
| (v) The principal amount of the bonds, including | 14 |
| existing indebtedness, does not exceed 20% of the equalized | 15 |
| assessed value of the taxable property in the district. | 16 |
| (vi) The bonds are issued prior to January 1, 2007, | 17 |
| pursuant to Sections 19-2 through 19-7 of this Code.
| 18 |
| (p-15) In addition to all other authority to issue bonds, | 19 |
| the Oswego Community Unit School District Number 308 may issue | 20 |
| bonds with an aggregate principal amount not to exceed | 21 |
| $450,000,000, but only if all of the following conditions are | 22 |
| met: | 23 |
| (i) The voters of the district have approved a | 24 |
| proposition for the bond issue at the general election held | 25 |
| on November 7, 2006. | 26 |
| (ii) At the time of the sale of the bonds, the school |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| board determines, by resolution, that: (A) the building and | 2 |
| equipping of the new high school building, new junior high | 3 |
| school buildings, new elementary school buildings, early | 4 |
| childhood building, maintenance building, transportation | 5 |
| facility, and additions to existing school buildings, the | 6 |
| altering, repairing, equipping, and provision of | 7 |
| technology improvements to existing school buildings, and | 8 |
| the acquisition and improvement of school sites, as the | 9 |
| case may be, are required as a result of a projected | 10 |
| increase in the enrollment of students in the district; and | 11 |
| (B) the sale of bonds for these purposes is authorized by | 12 |
| legislation that exempts the debt incurred on the bonds | 13 |
| from the district's statutory debt limitation.
| 14 |
| (iii) The bonds are issued, in one or more bond issues, | 15 |
| on or before November 7, 2011, but the aggregate principal | 16 |
| amount issued in all such bond issues combined must not | 17 |
| exceed $450,000,000.
| 18 |
| (iv) The bonds are issued in accordance with this | 19 |
| Article 19. | 20 |
| (v) The proceeds of the bonds are used only to | 21 |
| accomplish those projects approved by the voters at the | 22 |
| general election held on November 7, 2006. | 23 |
| The debt incurred on any bonds issued under this subsection | 24 |
| (p-15) shall not be considered indebtedness for purposes of any | 25 |
| statutory debt limitation.
| 26 |
| (p-20) In addition to all other authority to issue bonds, |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| the Lincoln-Way Community High School District Number 210 may | 2 |
| issue bonds with an aggregate principal amount not to exceed | 3 |
| $225,000,000, but only if all of the following conditions are | 4 |
| met: | 5 |
| (i) The voters of the district have approved a | 6 |
| proposition for the bond issue at the general primary | 7 |
| election held on March 21, 2006. | 8 |
| (ii) At the time of the sale of the bonds, the school | 9 |
| board determines, by resolution, that: (A) the building and | 10 |
| equipping of the new high school buildings, the altering, | 11 |
| repairing, and equipping of existing school buildings, and | 12 |
| the improvement of school sites, as the case may be, are | 13 |
| required as a result of a projected increase in the | 14 |
| enrollment of students in the district; and (B) the sale of | 15 |
| bonds for these purposes is authorized by legislation that | 16 |
| exempts the debt incurred on the bonds from the district's | 17 |
| statutory debt limitation.
| 18 |
| (iii) The bonds are issued, in one or more bond issues, | 19 |
| on or before March 21, 2011, but the aggregate principal | 20 |
| amount issued in all such bond issues combined must not | 21 |
| exceed $225,000,000.
| 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 |
| primary election held on March 21, 2006. |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| The debt incurred on any bonds issued under this subsection | 2 |
| (p-20) shall not be considered indebtedness for purposes of any | 3 |
| statutory debt limitation.
| 4 |
| (p-25) In addition to all other authority to issue bonds, | 5 |
| Rochester Community Unit School District 3A may issue bonds | 6 |
| with an aggregate principal amount not to exceed $15,000,000, | 7 |
| but only if all of the following conditions are met: | 8 |
| (i) The voters of the district approve a proposition | 9 |
| for the bond issuance at the general primary election held | 10 |
| in 2008.
| 11 |
| (ii) At the time of the sale of the bonds, the school | 12 |
| board determines, by resolution, that: (A) the building and | 13 |
| equipping of a new high school building; the addition of | 14 |
| classrooms and support facilities at the high school, | 15 |
| middle school, and elementary school; the altering, | 16 |
| repairing, and equipping of existing school buildings; and | 17 |
| the improvement of school sites, as the case may be, are | 18 |
| required as a result of a projected increase in the | 19 |
| enrollment of students in the district; and (B) the sale of | 20 |
| bonds for these purposes is authorized by a law that | 21 |
| exempts the debt incurred on the bonds from the district's | 22 |
| statutory debt limitation. | 23 |
| (iii) The bonds are issued, in one or more bond issues, | 24 |
| on or before December 31, 2012, but the aggregate principal | 25 |
| amount issued in all such bond issues combined must not | 26 |
| exceed $15,000,000. |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| (iv) The bonds are issued in accordance with this | 2 |
| Article 19. | 3 |
| (v) The proceeds of the bonds are used to accomplish | 4 |
| only those projects approved by the voters at the primary | 5 |
| election held in 2008.
| 6 |
| The debt incurred on any bonds issued under this subsection | 7 |
| (p-25) shall not be considered indebtedness for purposes of any | 8 |
| statutory debt limitation.
| 9 |
| (p-30) In addition to all other authority to issue bonds, | 10 |
| Prairie Grove Consolidated School District 46 may issue bonds | 11 |
| with an aggregate principal amount not to exceed $30,000,000, | 12 |
| but only if all of the following conditions are met:
| 13 |
| (i) The voters of the district approve a proposition | 14 |
| for the bond issuance at an election held in 2008.
| 15 |
| (ii) At the time of the sale of the bonds, the school | 16 |
| board determines, by resolution, that (A) the building and | 17 |
| equipping of a new school building and additions to | 18 |
| existing school buildings are required as a result of a | 19 |
| projected increase in the enrollment of students in the | 20 |
| district and (B) the altering, repairing, and equipping of | 21 |
| existing school buildings are required because of the age | 22 |
| of the existing school buildings.
| 23 |
| (iii) The bonds are issued, in one or more bond | 24 |
| issuances, on or before December 31, 2012; however, the | 25 |
| aggregate principal amount issued in all such bond | 26 |
| issuances combined must not exceed $30,000,000.
|
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| (iv) The bonds are issued in accordance with this | 2 |
| Article.
| 3 |
| (v) The proceeds of the bonds are used to accomplish | 4 |
| only those projects approved by the voters at an election | 5 |
| held in 2008.
| 6 |
| The debt incurred on any bonds issued under this subsection | 7 |
| (p-30) shall not be considered indebtedness for purposes of any | 8 |
| statutory debt limitation.
| 9 |
| (p-35) In addition to all other authority to issue bonds, | 10 |
| Prairie Hill Community Consolidated School District 133 may | 11 |
| issue bonds with an aggregate principal amount not to exceed | 12 |
| $13,900,000, but only if all of the following conditions are | 13 |
| met:
| 14 |
| (i) The voters of the district approved a proposition | 15 |
| for the bond issuance at an election held on April 17, | 16 |
| 2007.
| 17 |
| (ii) At the time of the sale of the bonds, the school | 18 |
| board determines, by resolution, that (A) the improvement | 19 |
| of the site of and the building and equipping of a school | 20 |
| building are required as a result of a projected increase | 21 |
| in the enrollment of students in the district and (B) the | 22 |
| repairing and equipping of the Prairie Hill Elementary | 23 |
| School building is required because of the age of that | 24 |
| school building.
| 25 |
| (iii) The bonds are issued, in one or more bond | 26 |
| issuances, on or before December 31, 2011, but the |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| aggregate principal amount issued in all such bond | 2 |
| issuances combined must not exceed $13,900,000.
| 3 |
| (iv) The bonds are issued in accordance with this | 4 |
| Article.
| 5 |
| (v) The proceeds of the bonds are used to accomplish | 6 |
| only those projects approved by the voters at an election | 7 |
| held on April 17, 2007.
| 8 |
| The debt incurred on any bonds issued under this subsection | 9 |
| (p-35) shall not be considered indebtedness for purposes of any | 10 |
| statutory debt limitation.
| 11 |
| (p-40) In addition to all other authority to issue bonds, | 12 |
| Mascoutah Community Unit District 19 may issue bonds with an | 13 |
| aggregate principal amount not to exceed $55,000,000, but only | 14 |
| if all of the following conditions are met: | 15 |
| (1) The voters of the district approve a proposition | 16 |
| for the bond issuance at a regular election held on or | 17 |
| after November 4, 2008. | 18 |
| (2) At the time of the sale of the bonds, the school | 19 |
| board determines, by resolution, that (i) the building and | 20 |
| equipping of a new high school building is required as a | 21 |
| result of a projected increase in the enrollment of | 22 |
| students in the district and the age and condition of the | 23 |
| existing high school building, (ii) the existing high | 24 |
| school building will be demolished, and (iii) the sale of | 25 |
| bonds is authorized by statute that exempts the debt | 26 |
| incurred on the bonds from the district's statutory debt |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| limitation. | 2 |
| (3) The bonds are issued, in one or more bond | 3 |
| issuances, on or before December 31, 2011, but the | 4 |
| aggregate principal amount issued in all such bond | 5 |
| issuances combined must not exceed $55,000,000. | 6 |
| (4) The bonds are issued in accordance with this | 7 |
| Article. | 8 |
| (5) The proceeds of the bonds are used to accomplish | 9 |
| only those projects approved by the voters at a regular | 10 |
| election held on or after November 4, 2008. | 11 |
| The debt incurred on any bonds issued under this subsection | 12 |
| (p-40) shall not be considered indebtedness for purposes of any | 13 |
| statutory debt limitation. | 14 |
| (p-45) Notwithstanding the provisions of subsection (a) of | 15 |
| this Section or of any other law, bonds issued pursuant to | 16 |
| Section 19-3.5 of this Code shall not be considered | 17 |
| indebtedness for purposes of any statutory limitation if the | 18 |
| bonds are issued in an amount or amounts, including existing | 19 |
| indebtedness of the school district, not in excess of 18.5% of | 20 |
| the value of the taxable property in the district to be | 21 |
| ascertained by the last assessment for State and county taxes. | 22 |
| (p-50) Notwithstanding the provisions of subsection (a) of
| 23 |
| this Section or of any other law, bonds issued pursuant to
| 24 |
| Section 19-3.10 of this Code shall not be considered
| 25 |
| indebtedness for purposes of any statutory limitation if the
| 26 |
| bonds are issued in an amount or amounts, including existing
|
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| indebtedness of the school district, not in excess of 43% of
| 2 |
| the value of the taxable property in the district to be
| 3 |
| ascertained by the last assessment for State and county taxes. | 4 |
| (q) A school district must notify the State Board of | 5 |
| Education prior to issuing any form of long-term or short-term | 6 |
| debt that will result in outstanding debt that exceeds 75% of | 7 |
| the debt limit specified in this Section or any other provision | 8 |
| of law.
| 9 |
| (Source: P.A. 94-234, eff. 7-1-06; 94-721, eff. 1-6-06; 94-952, | 10 |
| eff. 6-27-06; 94-1019, eff. 7-10-06; 94-1078, eff. 1-9-07; | 11 |
| 95-331, eff. 8-21-07; 95-594, eff. 9-10-07; 95-792, eff. | 12 |
| 1-1-09.) | 13 |
| (105 ILCS 5/19-3.5 new) | 14 |
| Sec. 19-3.5. Flood-damaged building. Martinsville | 15 |
| Community Unit School District 3C is authorized to issue bonds | 16 |
| in not to exceed the amount of $4,000,000 for the purpose of | 17 |
| paying the cost of acquiring and improving a school site and | 18 |
| building and equipping a new school building on the site to | 19 |
| replace all or a portion of a school building closed by the | 20 |
| regional superintendent of schools pursuant to Section 3-14.22 | 21 |
| of this Code because of flood damage. The replacement building | 22 |
| may be larger than the size of and offer more functions than | 23 |
| the school building being replaced. Bonds issued pursuant to | 24 |
| this Section may be issued without referendum and shall mature | 25 |
| not more than 25 years from the date of issuance. |
|
|
|
HB2619 Enrolled |
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LRB096 10393 NHT 20563 b |
|
| 1 |
| (105 ILCS 5/19-3.10 new)
| 2 |
| Sec. 19-3.10. Mine subsidence damaged building. Gillespie | 3 |
| Community Unit School District 7 is authorized to issue bonds | 4 |
| in not to exceed the amount of $22,000,000 for the purpose of | 5 |
| paying the cost of acquiring and improving a school site and | 6 |
| building and equipping a new school building on the site to | 7 |
| replace all or a portion of a school building closed by the | 8 |
| regional superintendent of schools pursuant to Section 3-14.22 | 9 |
| of this Code because of mine subsidence damage. The replacement | 10 |
| building may be larger than the size of and offer more | 11 |
| functions than the school building being replaced. Bonds issued | 12 |
| pursuant to this Section may be issued without referendum and | 13 |
| shall mature not more than 25 years from the date of issuance.
| 14 |
| Section 99. Effective date. This Act takes effect upon | 15 |
| becoming law.
|
|