Full Text of HB0160 98th General Assembly
HB0160ham002 98TH GENERAL ASSEMBLY | Rep. JoAnn D. Osmond Filed: 3/6/2013
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| 1 | | AMENDMENT TO HOUSE BILL 160
| 2 | | AMENDMENT NO. ______. Amend House Bill 160 by replacing | 3 | | everything after the enacting clause with the following:
| 4 | | "Section 5. The School Code is amended by changing Section | 5 | | 17-2A as follows:
| 6 | | (105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)
| 7 | | Sec. 17-2A. Interfund Transfers. | 8 | | (a) The school board of any district having a population of | 9 | | less than
500,000 inhabitants may, by proper resolution | 10 | | following a public hearing
set by the school board or the | 11 | | president of the school board
(that is preceded (i) by at least | 12 | | one published notice over the name of
the clerk
or secretary of | 13 | | the board, occurring at least 7 days and not more than 30
days
| 14 | | prior to the hearing, in a newspaper of general circulation | 15 | | within the
school
district and (ii) by posted notice over the | 16 | | name of the clerk or secretary of
the board, at least 48 hours |
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| 1 | | before the hearing, at the principal office of the
school board | 2 | | or at the building where the hearing is to be held if a | 3 | | principal
office does not exist, with both notices setting | 4 | | forth the time, date, place,
and subject matter of the
| 5 | | hearing), transfer money from (1) the Educational Fund to the | 6 | | Operations
and
Maintenance Fund or the Transportation Fund, (2) | 7 | | the Operations and
Maintenance Fund to the Educational Fund or | 8 | | the Transportation Fund, or (3) the
Transportation Fund to the | 9 | | Educational Fund or the Operations and Maintenance
Fund of said
| 10 | | district,
provided that, except during the period from July 1, | 11 | | 2003 through June 30, 2016
2013 , such transfer is made solely | 12 | | for the purpose of meeting one-time,
non-recurring expenses. | 13 | | Except during the period from July 1, 2003 through
June 30, | 14 | | 2016 and except as otherwise provided in subsection (b) of this | 15 | | Section 2013 , any other permanent interfund transfers | 16 | | authorized
by any provision or judicial interpretation of this | 17 | | Code for which the
transferee fund is not precisely and | 18 | | specifically set forth in the provision of
this Code | 19 | | authorizing such transfer shall be made to the fund of the | 20 | | school
district most in need of the funds being transferred, as | 21 | | determined by
resolution of the school board. | 22 | | (b) Notwithstanding subsection (a) of this Section or any
| 23 | | other provision of this Code to the contrary, the school board
| 24 | | of any school district (i) that is subject to the Property Tax
| 25 | | Extension Limitation Law, (ii) that has a population of less
| 26 | | than 500,000 inhabitants, (iii) that is levying at its maximum
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| 1 | | tax rate, (iv) whose total equalized assessed valuation has
| 2 | | declined 20% in the prior 2 years, (v) in which 80% or more
of | 3 | | its students receive free or reduced-price lunch, and (vi) that | 4 | | had an equalized assessed valuation of less than $207 million | 5 | | but more than $203 million in the 2011 levy year may annually | 6 | | transfer money from any fund of the district, other than the | 7 | | Illinois Municipal Retirement Fund and the Bonds and Interest | 8 | | Fund, to the educational fund, the operations and maintenance | 9 | | fund, or the transportation fund of the district by proper | 10 | | resolution following a public hearing set by the school board | 11 | | or the president of the school board, with notice as provided | 12 | | in subsection (a) of this Section, so long as the district | 13 | | meets the qualifications set forth in this subsection (b) on | 14 | | the effective date of this amendatory Act of the 98th General | 15 | | Assembly even if the district does not meet those | 16 | | qualifications at the time a given transfer is made.
| 17 | | (Source: P.A. 95-53, eff. 8-10-07; 96-1201, eff. 7-22-10.)
| 18 | | Section 10. The Tort Liability of Schools Act is amended by | 19 | | adding Section 9.5 as follows: | 20 | | (745 ILCS 25/9.5 new) | 21 | | Sec. 9.5. Tort immunity fund transfers. Notwithstanding | 22 | | any provision of the School Code to the contrary, if a school | 23 | | board determines that there are educational needs that will go | 24 | | unmet because of a lack of funds in the district's educational, |
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| 1 | | operations and maintenance, and transportation funds, that | 2 | | there exists a sufficient fund balance in the district's tort | 3 | | immunity fund to meet those educational needs, and that a | 4 | | transfer will not cause the district to realize increased tort | 5 | | exposure, then the school board of any school district (i) that | 6 | | is subject to the Property Tax Extension Limitation Law, (ii) | 7 | | that has a population of less
than 500,000 inhabitants, (iii) | 8 | | that is levying at its maximum
tax rate, (iv) whose total | 9 | | equalized assessed valuation has
declined 20% in the prior 2 | 10 | | years, (v) in which 80% or more
of its students receive free or | 11 | | reduced-price lunch, and (vi) that had an equalized assessed | 12 | | valuation of less than $207 million but more than $203 million | 13 | | in the 2011 levy year may annually transfer money from the tort | 14 | | immunity fund of the district to the educational fund, the | 15 | | operations and maintenance fund, or the transportation fund of | 16 | | the district by proper resolution following a public hearing | 17 | | set by the school board or the president of the school board, | 18 | | with notice as provided in subsection (a) of Section 17-2A of | 19 | | the School Code, so long as the district meets the | 20 | | qualifications set forth in this Section on the effective date | 21 | | of this amendatory Act of the 98th General Assembly even if the | 22 | | district does not meet those qualifications at the time a given | 23 | | transfer is made. ".
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