Full Text of HB0160 98th General Assembly
HB0160enr 98TH GENERAL ASSEMBLY |
| | HB0160 Enrolled | | LRB098 02682 NHT 32916 b |
|
| 1 | | AN ACT concerning education.
| 2 | | Be it enacted by the People of the State of Illinois,
| 3 | | represented in the General Assembly:
| 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 | 17 | | before the hearing, at the principal office of the
school board | 18 | | or at the building where the hearing is to be held if a | 19 | | principal
office does not exist, with both notices setting | 20 | | forth the time, date, place,
and subject matter of the
| 21 | | hearing), transfer money from (1) the Educational Fund to the | 22 | | Operations
and
Maintenance Fund or the Transportation Fund, (2) | 23 | | the Operations and
Maintenance Fund to the Educational Fund or |
| | | HB0160 Enrolled | - 2 - | LRB098 02682 NHT 32916 b |
|
| 1 | | the Transportation Fund, or (3) the
Transportation Fund to the | 2 | | Educational Fund or the Operations and Maintenance
Fund of said
| 3 | | district,
provided that, except during the period from July 1, | 4 | | 2003 through June 30, 2016
2013 , such transfer is made solely | 5 | | for the purpose of meeting one-time,
non-recurring expenses. | 6 | | Except during the period from July 1, 2003 through
June 30, | 7 | | 2016 and except as otherwise provided in subsection (b) of this | 8 | | Section 2013 , any other permanent interfund transfers | 9 | | authorized
by any provision or judicial interpretation of this | 10 | | Code for which the
transferee fund is not precisely and | 11 | | specifically set forth in the provision of
this Code | 12 | | authorizing such transfer shall be made to the fund of the | 13 | | school
district most in need of the funds being transferred, as | 14 | | determined by
resolution of the school board. | 15 | | (b) Notwithstanding subsection (a) of this Section or any
| 16 | | other provision of this Code to the contrary, the school board
| 17 | | of any school district (i) that is subject to the Property Tax
| 18 | | Extension Limitation Law, (ii) that has a population of less
| 19 | | than 500,000 inhabitants, (iii) that is levying at its maximum
| 20 | | tax rate, (iv) whose total equalized assessed valuation has
| 21 | | declined 20% in the prior 2 years, (v) in which 80% or more
of | 22 | | its students receive free or reduced-price lunch, and (vi) that | 23 | | had an equalized assessed valuation of less than $207 million | 24 | | but more than $203 million in the 2011 levy year may annually, | 25 | | until July 1, 2016, transfer money from any fund of the | 26 | | district, other than the Illinois Municipal Retirement Fund and |
| | | HB0160 Enrolled | - 3 - | LRB098 02682 NHT 32916 b |
|
| 1 | | the Bonds and Interest Fund, to the educational fund, the | 2 | | operations and maintenance fund, or the transportation fund of | 3 | | the district by proper resolution following a public hearing | 4 | | set by the school board or the president of the school board, | 5 | | with notice as provided in subsection (a) of this Section, so | 6 | | long as the district meets the qualifications set forth in this | 7 | | subsection (b) on the effective date of this amendatory Act of | 8 | | the 98th General Assembly even if the district does not meet | 9 | | those qualifications at the time a given transfer is made.
| 10 | | (Source: P.A. 95-53, eff. 8-10-07; 96-1201, eff. 7-22-10.)
| 11 | | Section 10. The Tort Liability of Schools Act is amended by | 12 | | adding Section 9.5 as follows: | 13 | | (745 ILCS 25/9.5 new) | 14 | | Sec. 9.5. Tort immunity fund transfers. Notwithstanding | 15 | | any provision of the School Code to the contrary, if a school | 16 | | board determines that there are educational needs that will go | 17 | | unmet because of a lack of funds in the district's educational, | 18 | | operations and maintenance, and transportation funds, that | 19 | | there exists a sufficient fund balance in the district's tort | 20 | | immunity fund to meet those educational needs, and that a | 21 | | transfer will not cause the district to realize increased tort | 22 | | exposure, then the school board of any school district (i) that | 23 | | is subject to the Property Tax Extension Limitation Law, (ii) | 24 | | that has a population of less
than 500,000 inhabitants, (iii) |
| | | HB0160 Enrolled | - 4 - | LRB098 02682 NHT 32916 b |
|
| 1 | | that is levying at its maximum
tax rate, (iv) whose total | 2 | | equalized assessed valuation has
declined 20% in the prior 2 | 3 | | years, (v) in which 80% or more
of its students receive free or | 4 | | reduced-price lunch, and (vi) that had an equalized assessed | 5 | | valuation of less than $207 million but more than $203 million | 6 | | in the 2011 levy year may annually, until July 1, 2016, | 7 | | transfer money from the tort immunity fund of the district to | 8 | | the educational fund, the operations and maintenance fund, or | 9 | | the transportation fund of the district by proper resolution | 10 | | following a public hearing set by the school board or the | 11 | | president of the school board, with notice as provided in | 12 | | subsection (a) of Section 17-2A of the School Code, so long as | 13 | | the district meets the qualifications set forth in this Section | 14 | | on the effective date of this amendatory Act of the 98th | 15 | | General Assembly even if the district does not meet those | 16 | | qualifications at the time a given transfer is made. |
|