Full Text of HB2676 96th General Assembly
HB2676 96TH GENERAL ASSEMBLY
|
|
|
96TH GENERAL ASSEMBLY
State of Illinois
2009 and 2010 HB2676
Introduced 2/24/2009, by Rep. Roger L. Eddy SYNOPSIS AS INTRODUCED: |
|
|
Creates the Financial Oversight Panel Law of the School Code. Allows a school district (other than the Chicago school district) to petition the State Board of Education for the establishment of a Financial Oversight Panel for the district. Allows the State Board to establish a Financial Oversight Panel without a petition from a district. Contains provisions concerning duties of the district; members and meetings of a Panel; powers of a Panel; officers of a Panel; collective bargaining agreements; deposits and investments; cash and bank accounts; the financial, management, and budgetary structure; the School District Emergency Financial Assistance Fund; grants and loans; the issuance of bonds; a tax levy; a debt service fund; a debt service reserve fund; bond anticipation notes; tax anticipation warrants; reports; a Panel audit; Panel property being exempt from taxation; sanctions; and abolition of a Panel. Makes related changes in the School Code and the Property Tax Code. Effective immediately.
|
| |
|
|
FISCAL NOTE ACT MAY APPLY |
HOUSING AFFORDABILITY IMPACT NOTE ACT MAY APPLY |
STATE MANDATES ACT MAY REQUIRE REIMBURSEMENT |
|
|
A BILL FOR
|
|
|
|
|
HB2676 |
|
LRB096 09851 NHT 20014 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 Property Tax Code is amended by changing | 5 |
| Sections 18-50.1, 18-92, and 18-241 as follows:
| 6 |
| (35 ILCS 200/18-50.1)
| 7 |
| Sec. 18-50.1. School Finance Authority and Financial | 8 |
| Oversight Panel levies.
Notwithstanding any other law to the | 9 |
| contrary, any
levy adopted by a School Finance Authority | 10 |
| created under Article 1F of
the School Code or a Financial | 11 |
| Oversight Panel established under Article 1H of the School Code | 12 |
| is valid and shall be extended by the county clerk if it is
| 13 |
| certified to the county clerk by the Authority or Panel in | 14 |
| sufficient time to allow
the county clerk to include the levy | 15 |
| in the extension for the taxable year.
| 16 |
| (Source: P.A. 92-855, eff. 12-6-02.)
| 17 |
| (35 ILCS 200/18-92)
| 18 |
| Sec. 18-92. Downstate School Finance Authority for | 19 |
| Elementary
Districts Law and Financial Oversight Panel Law . The | 20 |
| provisions of the Truth in Taxation Law are subject to
the | 21 |
| Downstate School Finance Authority for Elementary Districts | 22 |
| Law and the Financial Oversight Panel Law of the School Code .
|
|
|
|
HB2676 |
- 2 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| (Source: P.A. 95-331, eff. 8-21-07.)
| 2 |
| (35 ILCS 200/18-241)
| 3 |
| Sec. 18-241. School Finance Authority and Financial | 4 |
| Oversight Panel .
| 5 |
| (a) A School Finance Authority established under Article 1E | 6 |
| or 1F of
the School Code shall not be a taxing district for | 7 |
| purposes of this Law. A Financial Oversight Panel established | 8 |
| under Article 1H of the School Code shall not be a taxing | 9 |
| district for purposes of this Law.
| 10 |
| (b) This Law shall not apply to the extension of taxes for | 11 |
| a
school district for the levy year in which a School Finance
| 12 |
| Authority for the district is created pursuant to Article 1E or | 13 |
| 1F of the
School Code. This Law shall not apply to the | 14 |
| extension of taxes for a school district for the levy year in | 15 |
| which a Financial Oversight Panel for the district is created | 16 |
| pursuant to Article 1H of the School Code.
| 17 |
| (Source: P.A. 92-547, eff. 6-13-02; 93-501, eff. 8-11-03.)
| 18 |
| Section 15. The School Code is amended by changing Section | 19 |
| 1B-8 and by adding Article 1H as follows:
| 20 |
| (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
| 21 |
| Sec. 1B-8. There is created in the State Treasury a
special | 22 |
| fund to be known as the School District Emergency
Financial | 23 |
| Assistance Fund (the "Fund"). The School District Emergency
|
|
|
|
HB2676 |
- 3 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| Financial Assistance Fund shall consist of appropriations, | 2 |
| loan repayments, grants from the
federal government, and | 3 |
| donations from any public or private source. Moneys in
the Fund
| 4 |
| may be appropriated only to the Illinois Finance Authority and
| 5 |
| the State Board for
those purposes authorized under this | 6 |
| Article and Articles
Article 1F and 1H of this Code.
The | 7 |
| appropriation may be
allocated and expended by the State Board | 8 |
| for contractual services as
grants to provide technical | 9 |
| assistance and consultation consulting services to school | 10 |
| districts to assess their financial condition to Financial | 11 |
| Oversight Panels that petition for emergency financial | 12 |
| assistance grants. The and by the Illinois Finance Authority | 13 |
| may provide as
loans to school districts which are the subject | 14 |
| of an
approved petition for emergency financial assistance | 15 |
| under
Section 1B-4 ,
or 1F-62 , or 1H-65 of this Code. Neither | 16 |
| the State Board of Education nor the Illinois Finance Authority | 17 |
| may collect any fees for providing these services. | 18 |
| From the amount allocated to each such school
district | 19 |
| under this Article the State Board shall identify a sum | 20 |
| sufficient to
cover all approved costs of the Financial | 21 |
| Oversight Panel
established for the respective school | 22 |
| district. If the State Board and State
Superintendent of | 23 |
| Education have not approved emergency financial assistance in
| 24 |
| conjunction with the appointment of a Financial Oversight | 25 |
| Panel, the Panel's
approved costs shall be paid from deductions | 26 |
| from the district's general State
aid.
|
|
|
|
HB2676 |
- 4 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| The Financial Oversight Panel may prepare and file
with the | 2 |
| State Superintendent a proposal for emergency
financial | 3 |
| assistance for the school district and for its
operations | 4 |
| budget. No expenditures shall be
authorized by the State | 5 |
| Superintendent until he or she has approved
the proposal of the | 6 |
| Panel, either as submitted or in such
lesser amount determined | 7 |
| by the State Superintendent.
| 8 |
| The maximum amount of an emergency financial assistance | 9 |
| loan
which may be allocated to any school district under this
| 10 |
| Article, including moneys necessary for the operations of
the | 11 |
| Panel, shall not exceed $4,000 times the number of pupils
| 12 |
| enrolled in the school district during the school year
ending | 13 |
| June 30 prior to the date of approval by the State
Board of the | 14 |
| petition for emergency financial assistance, as
certified to | 15 |
| the local board and the Panel by the State
Superintendent.
An | 16 |
| emergency financial assistance grant shall not exceed $1,000 | 17 |
| times the
number of such pupils. A district may receive both a | 18 |
| loan and a grant.
| 19 |
| The payment of an emergency State financial assistance | 20 |
| grant or loan
shall be subject to appropriation by the General | 21 |
| Assembly.
Emergency State financial assistance allocated and | 22 |
| paid to a school
district under this Article may be applied to | 23 |
| any fund or funds from which
the local board of education of | 24 |
| that district is authorized to make
expenditures by law.
| 25 |
| Any emergency financial assistance proposed by the
| 26 |
| Financial Oversight Panel and approved by the State
|
|
|
|
HB2676 |
- 5 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| Superintendent may be paid in its entirety during the
initial | 2 |
| year of the Panel's existence or spread in equal or
declining | 3 |
| amounts over a period of years not to exceed the
period of the | 4 |
| Panel's existence. All
loan payments made from the School | 5 |
| District Emergency Financial
Assistance Fund for a
school | 6 |
| district shall be required to be repaid, with simple interest | 7 |
| over
the term of the loan at a rate equal to 50% of the one-year | 8 |
| Constant Maturity
Treasury (CMT) yield as last published by the | 9 |
| Board of Governors of the Federal
Reserve System before the | 10 |
| date on which the district's loan is
approved
by the State | 11 |
| Board of Education, not later than the
date the
Financial | 12 |
| Oversight Panel ceases to exist. The Panel shall
establish and | 13 |
| the Illinois Finance Authority shall
approve the terms and | 14 |
| conditions, including the schedule, of
repayments. The | 15 |
| schedule shall provide for repayments
commencing July 1 of each | 16 |
| year or upon each fiscal year's receipt of moneys from a tax | 17 |
| levy for emergency financial assistance. Repayment shall be | 18 |
| incorporated into the
annual budget of the school district and | 19 |
| may be made from any fund or funds
of the district in which | 20 |
| there are moneys available. Default on repayment is subject to | 21 |
| the Illinois Grant Funds Recovery Act. When moneys are repaid
| 22 |
| as provided herein they shall not be made available to the | 23 |
| local board for
further use as emergency financial assistance | 24 |
| under this Article at any
time thereafter. All repayments | 25 |
| required to be made by a school district
shall be received by | 26 |
| the State Board and deposited in the School District
Emergency |
|
|
|
HB2676 |
- 6 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| Financial Assistance Fund.
| 2 |
| In establishing the terms and conditions for the
repayment | 3 |
| obligation of the school district the Panel shall
annually | 4 |
| determine whether a separate local property tax levy is
| 5 |
| required. The board of any school district with a tax rate
for | 6 |
| educational purposes for the prior year of less than
120% of | 7 |
| the maximum rate for educational purposes authorized
by Section | 8 |
| 17-2 shall provide for a separate
tax levy for emergency | 9 |
| financial assistance repayment
purposes. Such tax levy shall | 10 |
| not be subject to referendum approval. The
amount of the levy | 11 |
| shall be equal to the
amount necessary to meet the annual | 12 |
| repayment obligations of
the district as established by the | 13 |
| Panel, or 20% of the
amount levied for educational purposes for | 14 |
| the prior year,
whichever is less. However, no district shall | 15 |
| be
required to levy the tax if the district's operating tax
| 16 |
| rate as determined under Section
18-8 or 18-8.05 exceeds 200% | 17 |
| of the district's tax rate for educational
purposes for the | 18 |
| prior year.
| 19 |
| (Source: P.A. 94-234, eff. 7-1-06 .)
| 20 |
| (105 ILCS 5/Art. 1H heading new)
| 21 |
| ARTICLE 1H. FINANCIAL OVERSIGHT PANELS | 22 |
| (105 ILCS 5/1H-1 new) | 23 |
| Sec. 1H-1. Short title. This Article may be cited as the | 24 |
| Financial Oversight Panel Law. |
|
|
|
HB2676 |
- 7 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| (105 ILCS 5/1H-5 new) | 2 |
| Sec. 1H-5. Findings; purpose; intent. | 3 |
| (a) The General Assembly finds all of the following: | 4 |
| (1) A fundamental goal of the people of this State, as | 5 |
| expressed in Section 1 of Article X of the Illinois | 6 |
| Constitution, is the educational development of all | 7 |
| persons to the limits of their capacities. When a board of | 8 |
| education faces financial difficulties, continued | 9 |
| operation of the public school system is threatened. | 10 |
| (2) A sound financial structure is essential to the | 11 |
| continued operation of any school system. It is vital to | 12 |
| commercial, educational, and cultural interests that | 13 |
| public schools remain in operation. To achieve that goal, | 14 |
| public school systems must have effective access to the | 15 |
| private market to borrow short and long term funds. | 16 |
| (3) To promote the financial integrity of districts, as | 17 |
| defined in this Article, it is necessary to provide for the | 18 |
| creation of financial oversight panels with the powers | 19 |
| necessary to promote sound financial management and to | 20 |
| ensure the continued operation of the public schools. | 21 |
| (b) It is the purpose of this Article to provide a secure | 22 |
| financial basis for the continued operation of public schools. | 23 |
| The intention of the General Assembly, in creating this | 24 |
| Article, is to establish procedures, provide powers, and impose | 25 |
| restrictions to ensure the financial and educational integrity |
|
|
|
HB2676 |
- 8 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| of the public schools, while leaving principal responsibility | 2 |
| for the educational policies of public schools to the boards of | 3 |
| education within the State, consistent with the requirements | 4 |
| for satisfying the public policy and purpose set forth in this | 5 |
| Article.
| 6 |
| (105 ILCS 5/1H-10 new) | 7 |
| Sec. 1H-10. Definitions. As used in this Article: | 8 |
| "Bonds" means bonds authorized to be issued by the Panel | 9 |
| under Section 1H-70 of this Code. | 10 |
| "Budget" means the annual budget of the district required | 11 |
| under Section 17-1 of this Code, as in effect from time to | 12 |
| time. | 13 |
| "Chairperson" means the Chairperson of the Panel. | 14 |
| "District" means any school district having a population of | 15 |
| not more than 500,000 that has had a Financial Oversight Panel | 16 |
| established under this Article. | 17 |
| "Financial plan" means the financial plan of the district | 18 |
| to be developed pursuant to this Article, as in effect from | 19 |
| time to time. | 20 |
| "Fiscal year" means the fiscal year of the district. | 21 |
| "Obligations" means bonds and notes of the Panel. | 22 |
| "Panel" means a Financial Oversight Panel created under | 23 |
| this Article. | 24 |
| "State Board" means the State Board of Education. | 25 |
| "State Superintendent" means the State Superintendent of |
|
|
|
HB2676 |
- 9 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| Education. | 2 |
| (105 ILCS 5/1H-15 new) | 3 |
| Sec. 1H-15. Establishment of Financial Oversight Panels; | 4 |
| duties of district. | 5 |
| (a) A school district may petition the State Board for the | 6 |
| establishment of a Financial Oversight Panel for the district. | 7 |
| The petition shall cite the reasons why the creation of a | 8 |
| Financial Oversight Panel for the district is necessary. The | 9 |
| State Board may grant the petition upon determining that the | 10 |
| approval of the petition is in the best educational and | 11 |
| financial interests of the district. The State Board may | 12 |
| establish a Financial Oversight Panel without a petition from a | 13 |
| district if the State Board determines that such action is in | 14 |
| the best educational and financial interests of the district. | 15 |
| (b) Upon establishment of a Financial Oversight Panel, all | 16 |
| of the following shall occur: | 17 |
| (1) There is established a body both corporate and | 18 |
| politic to be known as the "(Name of School District) | 19 |
| Financial Oversight Panel", which in this name shall | 20 |
| exercise all authority vested in a Panel by this Article. | 21 |
| (2) The duties and obligations of the district under | 22 |
| Article 1B of this Code shall be transferred and become | 23 |
| duties and obligations owed by the district to the | 24 |
| Financial Oversight Panel. | 25 |
| (c) In the event of a conflict between the provisions of |
|
|
|
HB2676 |
- 10 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| this Article and the provisions of Article 1B of this Code, the | 2 |
| provisions of this Article control. | 3 |
| (d) Any school district having a Financial Oversight Panel | 4 |
| established under Article 1B of this Code or any Financial | 5 |
| Oversight Panel established under Article 1B may petition the | 6 |
| State Board for the establishment of a Financial Oversight | 7 |
| Panel under this Article and concurrent dissolution of the | 8 |
| Article 1B Panel. All records, papers, books, funds, or other | 9 |
| assets or liabilities belonging to the dissolving Financial | 10 |
| Oversight Panel shall be transferred to the newly established | 11 |
| Financial Oversight Panel. | 12 |
| (105 ILCS 5/1H-20 new) | 13 |
| Sec. 1H-20. Members of Panel; meetings. | 14 |
| (a) Upon establishment of a Financial Oversight Panel under | 15 |
| Section 1H-15 of this Code, the State Superintendent shall | 16 |
| within 15 working days thereafter appoint 5 members to serve on | 17 |
| a Financial Oversight Panel for the district. Members appointed | 18 |
| to the Panel shall serve at the pleasure of the State | 19 |
| Superintendent. The State Superintendent shall designate one | 20 |
| of the members of the Panel to serve as its Chairperson. In the | 21 |
| event of vacancy or resignation, the State Superintendent | 22 |
| shall, within 10 days after receiving notice, appoint a | 23 |
| successor to serve out that member's term. The State | 24 |
| Superintendent may remove a member for incompetence, | 25 |
| malfeasance, neglect of duty, or other just cause. |
|
|
|
HB2676 |
- 11 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| (b) Members of the Panel shall be selected primarily on the | 2 |
| basis of their experience and education in financial | 3 |
| management, with consideration given to persons knowledgeable | 4 |
| in education finance. Two members of the Panel shall be | 5 |
| residents of the school district that the Panel serves. A | 6 |
| member of the Panel may not be a member of the district's | 7 |
| school board or an employee of the district nor may a member | 8 |
| have a direct financial interest in the district. | 9 |
| (c) Panel members may be reimbursed by the State Board for | 10 |
| travel and other necessary expenses incurred in the performance | 11 |
| of their official duties. Unless paid from bonds issued under | 12 |
| Section 1H-70 of this Code, the amount reimbursed members for | 13 |
| their expenses shall be charged to the school district as part | 14 |
| of any emergency financial assistance and incorporated as a | 15 |
| part of the terms and conditions for repayment of the | 16 |
| assistance or shall be deducted from the district's general | 17 |
| State aid as provided in Section 1H-65 of this Code. | 18 |
| (d) With the exception of the chairperson, who shall be | 19 |
| designated as provided in subsection (a) of this Section, the | 20 |
| Panel may elect such officers as it deems appropriate. | 21 |
| (e) The first meeting of the Panel shall be held at the | 22 |
| call of the Chairperson. The Panel shall prescribe the times | 23 |
| and places for its meetings and the manner in which regular and | 24 |
| special meetings may be called and shall comply with the Open | 25 |
| Meetings Act. | 26 |
| (f) Three members of the Panel shall constitute a quorum. |
|
|
|
HB2676 |
- 12 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| When a vote is taken upon any measure before the Panel, a | 2 |
| quorum being present, a majority of the votes of the members | 3 |
| voting on the measure shall determine the outcome. | 4 |
| (105 ILCS 5/1H-25 new) | 5 |
| Sec. 1H-25. General powers. The purposes of the Panel shall | 6 |
| be to exercise financial control over the district and to | 7 |
| furnish financial assistance so that the district can provide | 8 |
| public education within the district's jurisdiction while | 9 |
| permitting the district to meet its obligations to its | 10 |
| creditors and the holders of its debt. Except as expressly | 11 |
| limited by this Article, the Panel shall have all powers | 12 |
| granted to a voluntary or involuntary Financial Oversight Panel | 13 |
| and to a Financial Administrator under Article 1B of this Code | 14 |
| and all other powers necessary to meet its responsibilities and | 15 |
| to carry out its purposes and the purposes of this Article, | 16 |
| including without limitation all of the following powers, | 17 |
| provided that the Panel shall have no power to terminate any | 18 |
| employee without following the statutory procedures for such | 19 |
| terminations set forth in this Code: | 20 |
| (1) To sue and to be sued. | 21 |
| (2) To make, cancel, modify, and execute contracts, | 22 |
| leases, subleases, and all other instruments or agreements | 23 |
| necessary or convenient for the exercise of the powers and | 24 |
| functions granted by this Article, subject to Section 1H-45 | 25 |
| of this Code. The Panel may at a regular or special meeting |
|
|
|
HB2676 |
- 13 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| find that the district has insufficient or inadequate funds | 2 |
| with respect to any contract, other than collective | 3 |
| bargaining agreements. | 4 |
| (3) To purchase real or personal property necessary or | 5 |
| convenient for its purposes; to execute and deliver deeds | 6 |
| for real property held in its own name; and to sell, lease, | 7 |
| or otherwise dispose of such of its property as, in the | 8 |
| judgment of the Panel, is no longer necessary for its | 9 |
| purposes. | 10 |
| (4) To appoint officers, agents, and employees of the | 11 |
| Panel, including a chief executive officer, a chief fiscal | 12 |
| officer, and a chief educational officer; to define their | 13 |
| duties and qualifications; and to fix their compensation | 14 |
| and employee benefits. | 15 |
| (5) To transfer to the district such sums of money as | 16 |
| are not required for other purposes. | 17 |
| (6) To borrow money, including without limitation | 18 |
| accepting State loans, and to issue obligations pursuant to | 19 |
| this Article; to fund, refund, or advance refund the same; | 20 |
| to provide for the rights of the holders of its | 21 |
| obligations; and to repay any advances. | 22 |
| (7) To levy all property tax levies that otherwise | 23 |
| could be levied by the district, and to make levies | 24 |
| pursuant to Section 1H-65 of this Code. This levy or levies | 25 |
| shall be exempt from the Truth in Taxation Law. | 26 |
| (8) Subject to the provisions of any contract with or |
|
|
|
HB2676 |
- 14 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| for the benefit of the holders of its obligations, to | 2 |
| purchase or redeem its obligations. | 3 |
| (9) To procure all necessary goods and services for the | 4 |
| Panel in compliance with the purchasing laws and | 5 |
| requirements applicable to the district. | 6 |
| (10) To do any and all things necessary or convenient | 7 |
| to carry out its purposes and exercise the powers given to | 8 |
| it by this Article. | 9 |
| (11) To recommend annexation, consolidation, | 10 |
| dissolution, or reorganization of the district, in whole or | 11 |
| in part, to the State Board if in the Panel's judgment the | 12 |
| circumstances so require. No such proposal for annexation, | 13 |
| consolidation, dissolution, or reorganization shall occur | 14 |
| unless the Panel and the school boards of all other | 15 |
| districts directly affected by the annexation, | 16 |
| consolidation, dissolution, or reorganization have each | 17 |
| approved by majority vote the annexation, consolidation, | 18 |
| dissolution, or reorganization. Notwithstanding any other | 19 |
| law to the contrary, upon approval of the proposal by the | 20 |
| State Board, the State Board and all other affected | 21 |
| entities shall forthwith implement the proposal. When a | 22 |
| dissolution and annexation becomes effective for purposes | 23 |
| of administration and attendance, the positions of | 24 |
| teachers in contractual continued service in the district | 25 |
| being dissolved shall be transferred to the annexing | 26 |
| district or districts, pursuant to the provisions of |
|
|
|
HB2676 |
- 15 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| Section 24-12 of this Code. In the event that the territory | 2 |
| is added to 2 or more districts, the decision on which | 3 |
| positions shall be transferred to which annexing districts | 4 |
| shall be made by giving consideration to the proportionate | 5 |
| percentage of pupils transferred and the annexing | 6 |
| districts' staffing needs, and the transfer of teachers in | 7 |
| contractual continued service into positions shall be | 8 |
| based upon the request of those teachers in contractual | 9 |
| continued service in order of seniority in the dissolving | 10 |
| district. The status of all teachers in contractual | 11 |
| continued service transferred to an annexing district | 12 |
| shall not be lost, and the board of the annexing district | 13 |
| is subject to this Code with respect to teachers in | 14 |
| contractual continued service who are transferred in the | 15 |
| same manner as if the person were the annexing district's | 16 |
| employee and had been its employee during the time the | 17 |
| person was actually employed by the board of the dissolving | 18 |
| district from which the position was transferred. | 19 |
| (105 ILCS 5/1H-30 new) | 20 |
| Sec. 1H-30. Chief executive officer. The Panel may appoint | 21 |
| a chief executive officer who, under the direction of the | 22 |
| Panel, shall supervise the Panel's staff, including the chief | 23 |
| educational officer and the chief fiscal officer, and shall | 24 |
| have ultimate responsibility for implementing the policies, | 25 |
| procedures, directives, and decisions of the Panel. The chief |
|
|
|
HB2676 |
- 16 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| executive officer shall have the authority to determine the | 2 |
| agenda and order of business at school board meetings, as | 3 |
| needed in order to carry forward and implement the objectives | 4 |
| and priorities of the school board and Financial Oversight | 5 |
| Panel in the administration and management of the district. The | 6 |
| chief executive officer is not required to hold any certificate | 7 |
| issued under Article 21 of this Code. The chief executive | 8 |
| officer shall have the powers and duties as assigned by the | 9 |
| Panel in accordance with this Code. | 10 |
| (105 ILCS 5/1H-35 new) | 11 |
| Sec. 1H-35. Chief educational officer. The Panel may at a | 12 |
| regular or special meeting find that cause exists to cancel the | 13 |
| contract of the school district's superintendent who is serving | 14 |
| at the time the Panel is established. If there is no | 15 |
| superintendent, then the Panel may appoint a chief educational | 16 |
| officer for the district, who shall have all of the powers and | 17 |
| duties of a school district superintendent under this Code and | 18 |
| such other duties as may be assigned by the Panel in accordance | 19 |
| with this Code. The chief educational officer shall report to | 20 |
| the Panel or the chief executive officer appointed by the | 21 |
| Panel. The district shall not thereafter employ a | 22 |
| superintendent during the period that a chief educational | 23 |
| officer is serving in the district. The chief educational | 24 |
| officer is not required to hold any certificate issued under | 25 |
| Article 21 of this Code. |
|
|
|
HB2676 |
- 17 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| (105 ILCS 5/1H-40 new) | 2 |
| Sec. 1H-40. Chief fiscal officer. The Panel may appoint a | 3 |
| chief fiscal officer who, under the direction of the Panel or | 4 |
| the chief executive officer appointed by the Panel, shall have | 5 |
| all of the powers and duties of the district's chief school | 6 |
| business official and any other duties regarding budgeting, | 7 |
| accounting, and other financial matters that are assigned by | 8 |
| the Panel, in accordance with this Code. The district may not | 9 |
| employ a chief school business official during the period that | 10 |
| the chief fiscal officer is serving in the district. The chief | 11 |
| fiscal officer is not required to hold a certificate issued | 12 |
| under Article 21 of this Code. | 13 |
| (105 ILCS 5/1H-41 new)
| 14 |
| Sec. 1H-41. Superintendent. The Panel may employ a | 15 |
| superintendent who, under the direction of the Panel or the | 16 |
| chief executive officer appointed by the Panel, shall have all | 17 |
| of the powers and duties of a school district superintendent | 18 |
| under this Code assigned by the Panel and such other duties as | 19 |
| may be assigned by the Panel in accordance with this Code. The | 20 |
| superintendent shall report to the Panel or the chief executive | 21 |
| officer appointed by the Panel. The superintendent shall hold a | 22 |
| certificate with a superintendent endorsement issued under | 23 |
| Article 21 of this Code. |
|
|
|
HB2676 |
- 18 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| (105 ILCS 5/1H-42 new)
| 2 |
| Sec. 1H-42. Chief school business official. The Panel may | 3 |
| employ a chief school business official who, under the | 4 |
| direction of the Panel or the chief executive officer appointed | 5 |
| by the Panel, shall have all of the powers and duties of a | 6 |
| chief school business official under this Code assigned by the | 7 |
| Panel and such other duties as may be assigned by the Panel in | 8 |
| accordance with this Code. The chief school business official | 9 |
| shall report to the Panel or the chief executive officer | 10 |
| appointed by the Panel. The chief school business official | 11 |
| shall hold a certificate with a chief school business official | 12 |
| endorsement issued under Article 21 of this Code. | 13 |
| (105 ILCS 5/1H-45 new) | 14 |
| Sec. 1H-45. Collective bargaining agreements. The Panel | 15 |
| shall have the power to negotiate collective bargaining | 16 |
| agreements with the district's employees in lieu of and on | 17 |
| behalf of the district. Upon concluding bargaining, the | 18 |
| district shall execute the agreements negotiated by the Panel, | 19 |
| and the district shall be bound by and shall administer the | 20 |
| agreements in all respects as if the agreements had been | 21 |
| negotiated by the district itself. | 22 |
| (105 ILCS 5/1H-50 new) | 23 |
| Sec. 1H-50. Deposits and investments. | 24 |
| (a) The Panel shall have the power to establish checking |
|
|
|
HB2676 |
- 19 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| and whatever other banking accounts it may deem appropriate for | 2 |
| conducting its affairs. | 3 |
| (b) Subject to the provisions of any contract with or for | 4 |
| the benefit of the holders of its obligations, the Panel may | 5 |
| invest any funds not required for immediate use or | 6 |
| disbursement, as provided in the Public Funds Investment Act. | 7 |
| (105 ILCS 5/1H-55 new) | 8 |
| Sec. 1H-55. Cash accounts and bank accounts. | 9 |
| (a) The Panel shall require the district or any officer of | 10 |
| the district, including the district's treasurer, to establish | 11 |
| and maintain separate cash accounts and separate bank accounts | 12 |
| in accordance with such rules, standards, and procedures as the | 13 |
| Panel may prescribe. | 14 |
| (b) The Panel shall have the power to assume exclusive | 15 |
| administration of the cash accounts and bank accounts of the | 16 |
| district, to establish and maintain whatever new cash accounts | 17 |
| and bank accounts it may deem appropriate, and to withdraw | 18 |
| funds from these accounts for the lawful expenditures of the | 19 |
| district. | 20 |
| (105 ILCS 5/1H-60 new) | 21 |
| Sec. 1H-60. Financial, management, and budgetary | 22 |
| structure. Upon direction of the Panel, the district shall | 23 |
| reorganize the financial accounts, management, and budgetary | 24 |
| systems of the district in whatever manner the Panel deems |
|
|
|
HB2676 |
- 20 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| appropriate to achieve greater financial responsibility and to | 2 |
| reduce financial inefficiency. | 3 |
| (105 ILCS 5/1H-65 new) | 4 |
| Sec. 1H-65. School District Emergency Financial Assistance | 5 |
| Fund; grants and loans. | 6 |
| (a) Moneys in the School District Emergency Financial | 7 |
| Assistance Fund established under Section 1B-8 of this Code may | 8 |
| be allocated and expended by the State Board for contractual | 9 |
| services to provide technical assistance and consultation to | 10 |
| school districts to assess their financial condition or to | 11 |
| Panels that petition for emergency financial assistance grants | 12 |
| and by the Illinois Finance Authority as loans to school | 13 |
| districts that are the subject of an approved petition for | 14 |
| emergency financial assistance under Section 1B-4, 1F-62, or | 15 |
| 1H-65 of this Code. Neither the State Board of Education nor | 16 |
| the Illinois Finance Authority may collect any fees for | 17 |
| providing these services. From the amount allocated to each | 18 |
| such school district, the State Board shall identify a sum | 19 |
| sufficient to cover all approved costs of the Panel established | 20 |
| for the respective school district. If the State Board and | 21 |
| State Superintendent of Education have not approved emergency | 22 |
| financial assistance in conjunction with the appointment of a | 23 |
| Panel, the Panel's approved costs shall be paid from deductions | 24 |
| from the district's general State aid. An emergency financial | 25 |
| assistance loan to a Panel or borrowing from sources other than |
|
|
|
HB2676 |
- 21 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| the State shall not be considered as part of the calculation of | 2 |
| a district's debt for purposes of the limitation specified in | 3 |
| Section 19-1 of this Code. | 4 |
| (b) The Panel may prepare and file with the State | 5 |
| Superintendent a proposal for emergency financial assistance | 6 |
| for the school district and for its operations budget. No | 7 |
| expenditures shall be authorized by the State Superintendent | 8 |
| until he or she has approved the proposal of the Panel, either | 9 |
| as submitted or in such lesser amount determined by the State | 10 |
| Superintendent. | 11 |
| (c) The amount of an emergency financial assistance loan | 12 |
| that may be allocated to a Panel under this Article, including | 13 |
| (i) moneys necessary for the operations of the Panel and (ii) | 14 |
| borrowing from sources other than the State shall not exceed, | 15 |
| in the aggregate, $4,000 times the number of pupils enrolled in | 16 |
| the district during the school year ending June 30 prior to the | 17 |
| date of approval of the petition for emergency financial | 18 |
| assistance by the State Board. However, this limitation does | 19 |
| not apply to borrowing by the district secured by amounts | 20 |
| levied by the district prior to establishment of the Panel. An | 21 |
| emergency financial assistance grant shall not exceed $1,000 | 22 |
| times the number of such pupils. A district may receive both a | 23 |
| loan and a grant. | 24 |
| (d) The payment of a State emergency financial assistance | 25 |
| grant or loan is subject to appropriation by the General | 26 |
| Assembly. State emergency financial assistance allocated and |
|
|
|
HB2676 |
- 22 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| paid to a Panel under this Article may be applied to any fund | 2 |
| or funds from which the Panel is authorized to make | 3 |
| expenditures by law. | 4 |
| (e) Any State emergency financial assistance proposed by | 5 |
| the Panel and approved by the State Superintendent may be paid | 6 |
| in its entirety during the initial year of the Panel's | 7 |
| existence or spread in equal or variable amounts over a period | 8 |
| of years not to exceed the period of the Panel's existence. The | 9 |
| State Superintendent shall not approve any loan to the Panel | 10 |
| unless the Panel has been unable to borrow sufficient funds to | 11 |
| operate the district. | 12 |
| (f) All loan payments made from the School District | 13 |
| Emergency Financial Assistance Fund to a Panel shall be | 14 |
| required to be repaid not later than the date the Panel ceases | 15 |
| to exist, with simple interest over the term of the loan at a | 16 |
| rate equal to 50% of the one-year Constant Maturity Treasury | 17 |
| (CMT) yield as last published by the Board of Governors of the | 18 |
| Federal Reserve System before the date on which the Financial | 19 |
| Oversight Panel's loan is approved by the State Superintendent. | 20 |
| (g) The Panel shall establish and the Illinois Finance | 21 |
| Authority shall approve the terms and conditions of the loan, | 22 |
| including the schedule of repayments. The schedule shall | 23 |
| provide for repayments commencing July 1 of each year or upon | 24 |
| each fiscal year's receipt of moneys from a tax levy for | 25 |
| emergency financial assistance. Repayment shall be | 26 |
| incorporated into the annual budget of the district and may be |
|
|
|
HB2676 |
- 23 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| made from any fund or funds of the district in which there are | 2 |
| moneys available. Default on repayment is subject to the | 3 |
| Illinois Grant Funds Recovery Act. When moneys are repaid as | 4 |
| provided in this Section, they shall not be made available to | 5 |
| the Panel for further use as emergency financial assistance | 6 |
| under this Article at any time thereafter. All repayments | 7 |
| required to be made by a Panel shall be deposited into the | 8 |
| School District Emergency Financial Assistance Fund. | 9 |
| (h) In establishing the terms and conditions for the | 10 |
| repayment obligation of the Panel, the Panel shall annually | 11 |
| determine whether a separate local property tax levy is | 12 |
| required to meet that obligation. The Financial Oversight Panel | 13 |
| shall provide for a separate tax levy for emergency financial | 14 |
| assistance repayment purposes. This tax levy shall not be | 15 |
| subject to referendum approval. The amount of the levy shall | 16 |
| not exceed the amount necessary to meet the annual emergency | 17 |
| financial repayment obligations of the district, including | 18 |
| principal and interest, as established by the Panel, and shall | 19 |
| not be subject to the provisions of the Property Tax Extension | 20 |
| Limitation Law. | 21 |
| (105 ILCS 5/1H-70 new) | 22 |
| Sec. 1H-70. Power to issue bonds. | 23 |
| (a) The Panel may incur indebtedness by the issuance of | 24 |
| negotiable full faith and credit general obligation bonds of | 25 |
| the Panel in an outstanding amount not to exceed at any time, |
|
|
|
HB2676 |
- 24 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| including existing indebtedness, 15% of the district's most | 2 |
| recent equalized assessed valuation, excluding Bonds of the | 3 |
| Panel that have been refunded, for (i) the purpose of providing | 4 |
| the district with moneys for ordinary and necessary | 5 |
| expenditures and other operational needs of the district; (ii) | 6 |
| payment or refunding of outstanding debt obligations or tax | 7 |
| anticipation warrants of the district, the proceeds of which | 8 |
| were used to provide financing for the district; (iii) payment | 9 |
| of fees for arrangements as provided in subsection (b) of | 10 |
| Section 1H-75 of this Code; (iv) payment of interest on Bonds; | 11 |
| (v) establishment of reserves to secure Bonds; (vi) the payment | 12 |
| of costs of issuance of Bonds; (vii) payment of principal of or | 13 |
| interest or redemption premium on any Bonds or notes of the | 14 |
| Panel; and (viii) all other expenditures of the Panel | 15 |
| incidental to and necessary or convenient for carrying out its | 16 |
| corporate purposes and powers. | 17 |
| (b) The Panel may from time to time (i) issue Bonds to | 18 |
| refund any outstanding Bonds or notes of the Panel, whether the | 19 |
| Bonds or notes to be refunded have or have not matured or | 20 |
| become redeemable, and (ii) issue Bonds partly to refund Bonds | 21 |
| or notes then outstanding and partly for any other purpose set | 22 |
| forth in this Section. | 23 |
| (c) Bonds issued in accordance with subsection (a) of this | 24 |
| Section are not subject to any other statutory limitation as to | 25 |
| debt, including without limitation that established by the | 26 |
| Local Government Debt Limitation Act, and may be issued without |
|
|
|
HB2676 |
- 25 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| referendum. | 2 |
| (105 ILCS 5/1H-75 new) | 3 |
| Sec. 1H-75. Terms of bonds. | 4 |
| (a) Whenever the Panel desires or is required to issue | 5 |
| Bonds as provided in this Article, it shall adopt a resolution | 6 |
| designating the amount of the Bonds to be issued, the purposes | 7 |
| for which the proceeds of the Bonds are to be used, and the | 8 |
| manner in which the proceeds shall be held pending the | 9 |
| application thereof. The Bonds shall be issued in the corporate | 10 |
| name of the Panel and shall bear such date or dates and shall | 11 |
| mature at such time or times, not exceeding 20 years from their | 12 |
| date, as the resolution may provide. The Bonds may be issued as | 13 |
| serial bonds payable in installments, as term bonds with | 14 |
| sinking fund installments, or as a combination of these as the | 15 |
| Panel may determine in the resolution. The Bonds shall be in | 16 |
| such denominations as the Panel may determine. The Bonds shall | 17 |
| be in such form, carry such registration privileges, be | 18 |
| executed in such manner, be payable at such place or places, | 19 |
| and be subject to such terms of redemption at such redemption | 20 |
| prices, including premium, as the resolution may provide. The | 21 |
| Bonds shall be sold by the Panel at public or private sale, as | 22 |
| determined by the Panel. | 23 |
| (b) In connection with the issuance of its Bonds, the Panel | 24 |
| may enter into arrangements to provide additional security and | 25 |
| liquidity for the Bonds. These may include without limitation |
|
|
|
HB2676 |
- 26 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| municipal bond insurance, letters of credit, lines of credit by | 2 |
| which the Panel may borrow funds to pay or redeem its Bonds, | 3 |
| and purchase or remarketing arrangements for ensuring the | 4 |
| ability of owners of the Panel's Bonds to sell their Bonds or | 5 |
| to have their Bonds redeemed. The Panel may enter into | 6 |
| contracts and may agree to pay fees to persons providing the | 7 |
| arrangements, including from Bond proceeds, but only under | 8 |
| circumstances in which the total interest paid or to be paid on | 9 |
| the Bonds, together with the fees for the arrangements (being | 10 |
| treated as if interest), would not, taken together, cause the | 11 |
| Bonds to bear interest, calculated to their absolute maturity, | 12 |
| at a rate in excess of the maximum rate allowed by law. | 13 |
| The resolution of the Panel authorizing the issuance of its | 14 |
| Bonds may provide that interest rates may vary from time to | 15 |
| time depending upon criteria established by the Panel, which | 16 |
| may include without limitation a variation in interest rates as | 17 |
| may be necessary to cause the Bonds to be remarketable from | 18 |
| time to time at a price equal to their principal amount, and | 19 |
| may provide for appointment of a national banking association, | 20 |
| bank, trust company, investment banker, or other financial | 21 |
| institution to serve as a remarketing agent in that connection. | 22 |
| The resolution of the Panel authorizing the issuance of its | 23 |
| Bonds may provide that alternative interest rates or provisions | 24 |
| shall apply during such times as the Bonds are held by a person | 25 |
| providing a letter of credit or other credit enhancement | 26 |
| arrangement for those Bonds. |
|
|
|
HB2676 |
- 27 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| (105 ILCS 5/1H-80 new) | 2 |
| Sec. 1H-80. Tax levy. | 3 |
| (a) Before or at the time of issuing any Bonds, the Panel | 4 |
| shall provide by resolution for the levy and collection of a | 5 |
| direct annual tax upon all the taxable property located within | 6 |
| the district, without limit as to rate or amount, sufficient to | 7 |
| pay and discharge the principal thereof at maturity or on | 8 |
| sinking fund installment dates and to pay the interest thereon | 9 |
| as it falls due. The taxes as levied shall also include | 10 |
| additional amounts to the extent that the collections in the | 11 |
| prior years were insufficient to pay and discharge the | 12 |
| principal thereof at maturity, sinking fund installments, if | 13 |
| any, and interest thereon as it fell due, and the amount so | 14 |
| collected shall be placed in the debt service reserve fund. The | 15 |
| tax shall be in addition to and exclusive of the maximum of all | 16 |
| taxes that the Panel or the district is authorized by law to | 17 |
| levy for any and all school purposes. The resolution shall be | 18 |
| in force upon its adoption. | 19 |
| (b) The levy shall be for the sole benefit of the holders | 20 |
| of the Bonds, and the holders of the Bonds shall have a | 21 |
| security interest in and lien upon all rights, claims, and | 22 |
| interests of the Panel arising pursuant to the levy and all | 23 |
| present and future proceeds of the levy until the principal of | 24 |
| and sinking fund installments and interest on the Bonds are | 25 |
| paid in full. All proceeds from the levy shall be deposited by |
|
|
|
HB2676 |
- 28 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| each county collector directly into the debt service fund | 2 |
| established pursuant to Section 1H-85 of this Code, shall be | 3 |
| applied solely for the payment of principal of and sinking fund | 4 |
| installments and interest on the Bonds, and shall not be used | 5 |
| for any other purpose. | 6 |
| (c) Upon the filing in the office of the county clerk of | 7 |
| each county where the school district is located of a duly | 8 |
| certified copy of the resolution, it shall be the duty of each | 9 |
| county clerk to extend the tax provided for in the resolution, | 10 |
| including an amount determined by the Panel to cover loss and | 11 |
| cost of collection and also deferred collections and abatements | 12 |
| in the amount of the taxes as extended on the collectors' | 13 |
| books. The tax shall be separate and apart from all other taxes | 14 |
| of the Panel or the district and shall be separately identified | 15 |
| by the collectors. | 16 |
| (105 ILCS 5/1H-85 new) | 17 |
| Sec. 1H-85. Debt service fund. The Panel shall establish a | 18 |
| debt service fund for the Bonds, to be maintained by a paying | 19 |
| agent, escrow agent, depository, or corporate trustee, which | 20 |
| may be any trust company or bank having the power of a trust | 21 |
| company within this State, separate and segregated from all | 22 |
| other funds and accounts of the Panel and the district. All | 23 |
| moneys on deposit in the debt service fund shall be held in | 24 |
| trust in the debt service fund for the benefit of the holders | 25 |
| of the Bonds, shall be applied solely for the payment of the |
|
|
|
HB2676 |
- 29 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| principal of and sinking fund installment, redemption premium, | 2 |
| if any, and interest on the Bonds, and shall not be used for | 3 |
| any other purpose. The holders of the Bonds shall have a | 4 |
| security interest in and lien upon all such moneys. | 5 |
| (105 ILCS 5/1H-90 new) | 6 |
| Sec. 1H-90. Debt service reserve fund. | 7 |
| (a) The Panel may create and establish a debt service | 8 |
| reserve fund to be maintained by a paying agent, escrow agent, | 9 |
| depository, or corporate trustee, which may be any trust | 10 |
| company or bank having the power of a trust company within the | 11 |
| State, separate and segregated from all other funds and | 12 |
| accounts of the Panel. The Panel may pay the following into the | 13 |
| debt service reserve fund: | 14 |
| (1) any proceeds from the sale of Bonds to the extent | 15 |
| provided in the resolution authorizing the issuance of the | 16 |
| Bonds; and | 17 |
| (2) any other moneys that may be available to the Panel | 18 |
| for the purpose of the fund. | 19 |
| (b) The amount to be accumulated in the debt service | 20 |
| reserve fund shall be determined by the Panel, but shall not | 21 |
| exceed the maximum amount of interest, principal, and sinking | 22 |
| fund installments due in any succeeding calendar year. | 23 |
| (c) All moneys on deposit in the debt service reserve fund | 24 |
| shall be held in trust for the benefit of the holders of the | 25 |
| Bonds, shall be applied solely for the payment of principal of |
|
|
|
HB2676 |
- 30 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| and sinking fund installments and interest on the Bonds to the | 2 |
| extent not paid from the debt service fund, and shall not be | 3 |
| used for any other purpose. | 4 |
| (d) Any moneys in the debt service reserve fund in excess | 5 |
| of the amount determined by the Panel pursuant to a resolution | 6 |
| authorizing the issuance of Bonds may be withdrawn by the Panel | 7 |
| and used for any of its lawful purposes. | 8 |
| (e) In computing the amount of the debt service reserve | 9 |
| fund, investments shall be valued as the Panel provides in the | 10 |
| resolution authorizing the issuance of the Bonds. | 11 |
| (105 ILCS 5/1H-95 new) | 12 |
| Sec. 1H-95. Bond anticipation notes. | 13 |
| (a) After the issuance of Bonds has been authorized, the | 14 |
| Panel shall have power to issue from time to time, pursuant to | 15 |
| a resolution or resolutions of the Panel, negotiable bond | 16 |
| anticipation notes of the Panel in anticipation of the issuance | 17 |
| of Bonds. | 18 |
| (b) Bond anticipation notes shall mature not later than 2 | 19 |
| years after the date of issuance, may be made redeemable prior | 20 |
| to their maturity, and may be sold in such manner, in such | 21 |
| denominations, and at such price or prices and shall bear | 22 |
| interest at such rate or rates not to exceed the maximum annual | 23 |
| rate authorized by law as a resolution authorizing the issuance | 24 |
| of the bond anticipation notes may provide. | 25 |
| (c) The bond anticipation notes may be made payable as to |
|
|
|
HB2676 |
- 31 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| both principal and interest from the proceeds of the Bonds. The | 2 |
| Panel may provide for payment of interest on the bond | 3 |
| anticipation notes from direct annual taxes upon all of the | 4 |
| taxable property located within the district that are | 5 |
| authorized to be levied annually for that purpose, without | 6 |
| limit as to rate or amount, sufficient to pay the interest as | 7 |
| it falls due, in the manner, subject to the security interest | 8 |
| and lien, and with the effect provided in Section 1H-80 of this | 9 |
| Code. | 10 |
| (d) The Panel is authorized to issue renewal notes in the | 11 |
| event it is unable to issue Bonds to pay outstanding bond | 12 |
| anticipation notes, on terms the Panel deems reasonable. | 13 |
| (e) A debt service fund shall be established in the manner | 14 |
| provided in Section 1H-85 of this Code by the Panel for the | 15 |
| bond anticipation notes, and the proceeds of any tax levy made | 16 |
| pursuant to this Section shall be deposited into the fund upon | 17 |
| receipt. | 18 |
| (105 ILCS 5/1H-100 new) | 19 |
| Sec. 1H-100. Vesting powers in trustee or other authorized | 20 |
| agent. The resolution authorizing issuance of the Bonds shall | 21 |
| vest in a trustee, paying agent, escrow agent, or depository | 22 |
| such rights, powers, and duties in trust as the Panel may | 23 |
| determine and may contain such provisions for protecting and | 24 |
| enforcing the rights and remedies of the holders of the Bonds | 25 |
| and limiting such rights and remedies as may be reasonable and |
|
|
|
HB2676 |
- 32 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| proper and not in violation of law, including covenants setting | 2 |
| forth the duties of the Panel in relation to the exercise of | 3 |
| its corporate powers and the custody, safeguarding, and | 4 |
| application of all moneys. The resolution shall provide for the | 5 |
| manner in which moneys in the various funds and accounts of the | 6 |
| Panel may be invested and the disposition of the earnings on | 7 |
| the investments. | 8 |
| (105 ILCS 5/1H-105 new) | 9 |
| Sec. 1H-105. Discharge of bonds. | 10 |
| (a) If the Panel pays or causes to be paid to the holders | 11 |
| of all Bonds then outstanding the principal, redemption price, | 12 |
| if any, and interest to become due on the Bonds, at the times | 13 |
| and in the manner stipulated therein and in the resolution | 14 |
| authorizing the issuance of the Bonds, then the covenants, | 15 |
| agreements, and other obligations of the Panel to the | 16 |
| Bondholders shall be discharged and satisfied. | 17 |
| (b) Bonds or interest installments for the payment or | 18 |
| redemption of which moneys have been set aside and held in | 19 |
| trust by the trustee or other authorized agent provided for in | 20 |
| Section 1H-100 of this Code, through deposit by the Panel of | 21 |
| funds for the payment, redemption, or otherwise, at the | 22 |
| maturity or redemption date, are deemed to have been paid | 23 |
| within the meaning and with the effect expressed in subsection | 24 |
| (a) of this Section. All outstanding Bonds of any series, prior | 25 |
| to the maturity or redemption date, are deemed to have been |
|
|
|
HB2676 |
- 33 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| paid within the meaning and with the effect expressed in | 2 |
| subsection (a) of this Section if (1) there has been deposited | 3 |
| with the trustee or other authorized agent either (A) moneys in | 4 |
| an amount that is sufficient or (B) direct obligations of the | 5 |
| United States of America the principal of and the interest on | 6 |
| which, when due, will provide moneys that, together with the | 7 |
| moneys, if any, deposited with the trustee or other authorized | 8 |
| agent at the same time, are sufficient to pay, when due, the | 9 |
| principal, sinking fund installment, or redemption price, if | 10 |
| applicable, of and interest due and to become due on the Bonds | 11 |
| on and prior to the redemption date, sinking fund installment | 12 |
| date, or maturity date, as the case may be, and (2) the Panel | 13 |
| has given the trustee or other authorized agent, in form | 14 |
| satisfactory to it, irrevocable instructions to give notice to | 15 |
| the effect and in accordance with the procedures provided in | 16 |
| the resolution authorizing the issuance of the Bonds. Neither | 17 |
| direct obligations of the United States of America, moneys | 18 |
| deposited with the trustee or other authorized agent, or | 19 |
| principal or interest payments on the securities shall be | 20 |
| withdrawn or used for any purpose other than, and shall be held | 21 |
| in trust for, the payment of the principal or redemption price, | 22 |
| if applicable, and interest on the Bonds. | 23 |
| (105 ILCS 5/1H-110 new) | 24 |
| Sec. 1H-110. Pledge of the State. The State of Illinois | 25 |
| pledges to and agrees with the holders of Bonds that the State |
|
|
|
HB2676 |
- 34 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| will not limit or alter the rights and powers vested in the | 2 |
| Panel by this Article with respect to the issuance of | 3 |
| obligations so as to impair the terms of any contract made by | 4 |
| the Panel with these holders or in any way impair the rights | 5 |
| and remedies of these holders until the Bonds, together with | 6 |
| interest on the Bonds, interest on any unpaid installments of | 7 |
| interest, and all costs and expenses in connection with any | 8 |
| action or proceedings by or on behalf of these holders, are | 9 |
| fully met and discharged or provisions made for their payment. | 10 |
| The Panel is authorized to include this pledge and agreement of | 11 |
| the State in any resolution or contract with the holders of | 12 |
| Bonds. | 13 |
| (105 ILCS 5/1H-115 new) | 14 |
| Sec. 1H-115. Statutory lien. Any pledge, assignment, lien, | 15 |
| or security interest for the benefit of the holders of Bonds or | 16 |
| bond anticipation notes, if any, created pursuant to this | 17 |
| Article are valid and binding from the time the Bonds are | 18 |
| issued, without any physical delivery or further act, and are | 19 |
| valid and binding as against and prior to any claims of all | 20 |
| other parties having claims of any kind in tort, contract, or | 21 |
| otherwise against the State, the Panel, the district, or any | 22 |
| other person, irrespective of whether the other parties have | 23 |
| notice. | 24 |
| (105 ILCS 5/1H-120 new) |
|
|
|
HB2676 |
- 35 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| Sec. 1H-120. State or district not liable on obligations. | 2 |
| Obligations shall not be deemed to constitute (i) a debt or | 3 |
| liability of the State, the district, or any political | 4 |
| subdivision of the State or district other than the Panel or | 5 |
| (ii) a pledge of the full faith and credit of the State, the | 6 |
| district, or any political subdivision of the State or district | 7 |
| other than the Panel but shall be payable solely from the funds | 8 |
| and revenues provided for in this Article. The issuance of | 9 |
| obligations shall not directly, indirectly, or contingently | 10 |
| obligate the State, the district, or any political subdivision | 11 |
| of the State or district other than the Panel to levy any form | 12 |
| of taxation therefor or to make any appropriation for their | 13 |
| payment. Nothing in this Section shall prevent or be construed | 14 |
| to prevent the Panel from pledging its full faith and credit to | 15 |
| the payment of obligations. Nothing in this Article shall be | 16 |
| construed to authorize the Panel to create a debt of the State | 17 |
| or the district within the meaning of the Constitution or laws | 18 |
| of Illinois, and all obligations issued by the Panel pursuant | 19 |
| to the provisions of this Article are payable and shall state | 20 |
| that they are payable solely from the funds and revenues | 21 |
| pledged for their payment in accordance with the resolution | 22 |
| authorizing their issuance or any trust indenture executed as | 23 |
| security therefor. The State or the district shall not in any | 24 |
| event be liable for the payment of the principal of or interest | 25 |
| on any obligations of the Panel or for the performance of any | 26 |
| pledge, obligation, or agreement of any kind whatsoever that |
|
|
|
HB2676 |
- 36 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| may be undertaken by the Panel. No breach of any such pledge, | 2 |
| obligation, or agreement may impose any liability upon the | 3 |
| State or the district or any charge upon their general credit | 4 |
| or against their taxing power. | 5 |
| (105 ILCS 5/1H-125 new) | 6 |
| Sec. 1H-125. Obligations as legal investments. The | 7 |
| obligations issued under the provisions of this Article are | 8 |
| hereby made securities in which all public officers and bodies | 9 |
| of this State, all political subdivisions of this State, all | 10 |
| persons carrying on an insurance business, all banks, bankers, | 11 |
| trust companies, savings banks, and savings associations | 12 |
| (including savings and loan associations, building and loan | 13 |
| associations, investment companies, and other persons carrying | 14 |
| on a banking business), and all credit unions, pension funds, | 15 |
| administrators, and guardians who are or may be authorized to | 16 |
| invest in bonds or in other obligations of the State may | 17 |
| properly and legally invest funds, including capital, in their | 18 |
| control or belonging to them. The obligations are also hereby | 19 |
| made securities that may be deposited with and may be received | 20 |
| by all public officers and bodies of the State, all political | 21 |
| subdivisions of the State, and public corporations for any | 22 |
| purpose for which the deposit of bonds or other obligations of | 23 |
| the State is authorized. | 24 |
| (105 ILCS 5/1H-130 new) |
|
|
|
HB2676 |
- 37 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| Sec. 1H-130. Complete authority. This Article, without | 2 |
| reference to any other law, shall be deemed full and complete | 3 |
| authority for the issuance of Bonds and bond anticipation notes | 4 |
| as provided in this Article. | 5 |
| (105 ILCS 5/1H-135 new) | 6 |
| Sec. 1H-135. Tax anticipation warrants. A Panel shall have | 7 |
| the same power to issue tax anticipation warrants as a school | 8 |
| board under Section 17-16 of this Code. Tax anticipation | 9 |
| warrants are considered borrowing from sources other than the | 10 |
| State and are subject to Section 1H-65 of this Code. | 11 |
| (105 ILCS 5/1H-140 new) | 12 |
| Sec. 1H-140. Reports. | 13 |
| (a) The Panel, upon taking office and annually thereafter, | 14 |
| shall prepare and submit to the Governor, General Assembly, and | 15 |
| State Superintendent a report that includes the audited | 16 |
| financial statement for the preceding fiscal year, an approved | 17 |
| financial plan, and a statement of the major steps necessary to | 18 |
| accomplish the objectives of the financial plan. | 19 |
| (b) Annual reports must be submitted on or before March 1 | 20 |
| of each year. | 21 |
| (c) The requirement for reporting to the General Assembly | 22 |
| shall be satisfied by filing copies of the report as provided | 23 |
| in Section 3.1 of the General Assembly Organization Act and by | 24 |
| filing additional copies with the State Government Report |
|
|
|
HB2676 |
- 38 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| Distribution Center for the General Assembly as required under | 2 |
| subdivision (t) of Section 7 of the State Library Act. | 3 |
| (105 ILCS 5/1H-145 new) | 4 |
| Sec. 1H-145. Audit of Panel. The State Superintendent may | 5 |
| require a separate audit of the Panel, otherwise the activities | 6 |
| of the Panel must be included in the scope of the audit of the | 7 |
| school district. A copy of the audit report covering the Panel | 8 |
| must be submitted to the State Superintendent. | 9 |
| (105 ILCS 5/1H-150 new) | 10 |
| Sec. 1H-150. Assistance by State agencies, units of local | 11 |
| government, and school districts. The district shall render | 12 |
| such services to and permit the use of its facilities and | 13 |
| resources by the Panel at no charge as may be requested by the | 14 |
| Panel. Any State agency, unit of local government, or school | 15 |
| district may, within its lawful powers and duties, render such | 16 |
| services to the Panel as may be requested by the Panel. Upon | 17 |
| request of the Panel, any State agency, unit of local | 18 |
| government, or school district is authorized and empowered to | 19 |
| loan to the Panel such officers and employees as the Panel may | 20 |
| deem necessary in carrying out its functions and duties. | 21 |
| Officers and employees so transferred shall not lose or forfeit | 22 |
| their employment status or rights. | 23 |
| (105 ILCS 5/1H-155 new) |
|
|
|
HB2676 |
- 39 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| Sec. 1H-155. Property of Panel exempt from taxation. The | 2 |
| property of the Panel is exempt from taxation. | 3 |
| (105 ILCS 5/1H-160 new) | 4 |
| Sec. 1H-160. Sanctions. | 5 |
| (a) No member, officer, employee, or agent of the district | 6 |
| may commit the district to any contract or other obligation or | 7 |
| incur any liability on behalf of the district for any purpose | 8 |
| if the amount of the contract, obligation, or liability is in | 9 |
| excess of the amount authorized for that purpose then available | 10 |
| under the financial plan and budget then in effect. | 11 |
| (b) No member, officer, employee, or agent of the district | 12 |
| may commit the district to any contract or other obligation on | 13 |
| behalf of the district for the payment of money for any purpose | 14 |
| required to be approved by the Panel unless the contract or | 15 |
| other obligation has been approved by the Panel. | 16 |
| (c) No member, officer, employee, or agent of the district | 17 |
| may take any action in violation of any valid order of the | 18 |
| Panel, may fail or refuse to take any action required by any | 19 |
| such order, may prepare, present, certify, or report any | 20 |
| information, including any projections or estimates, for the | 21 |
| Panel or any of its agents that is false or misleading, or, | 22 |
| upon learning that any such information is false or misleading, | 23 |
| may fail promptly to advise the Panel or its agents. | 24 |
| (d) In addition to any penalty or liability under any other | 25 |
| law, any member, officer, employee, or agent of the district |
|
|
|
HB2676 |
- 40 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| who violates subsection (a), (b), or (c) of this Section is | 2 |
| subject to appropriate administrative discipline as may be | 3 |
| imposed by the Panel, including, if warranted, suspension from | 4 |
| duty without pay, removal from office, or termination of | 5 |
| employment. | 6 |
| (105 ILCS 5/1H-165 new) | 7 |
| Sec. 1H-165. Abolition of Panel. The Panel shall be | 8 |
| abolished 10 years after its creation or one year after all its | 9 |
| obligations issued under the provisions of this Article have | 10 |
| been fully paid and discharged, whichever comes later. However, | 11 |
| the State Board, upon recommendation of the Panel and if no | 12 |
| obligations are outstanding, may abolish the Panel at any time | 13 |
| after the Panel has been in existence for 3 years. Upon the | 14 |
| abolition of the Panel, all of its records shall be transferred | 15 |
| to the State Board and any property of the Panel shall pass to | 16 |
| and be vested in the State Board. | 17 |
| (105 ILCS 5/1H-170 new) | 18 |
| Sec. 1H-170. Limitations of actions after abolition; | 19 |
| indemnification; legal representation. | 20 |
| (a) Abolition of the Panel pursuant to Section 1H-165 of | 21 |
| this Code shall bar any remedy available against the Panel, its | 22 |
| members, employees, or agents for any right or claim existing | 23 |
| or any liability incurred prior to the abolition, unless the | 24 |
| action or other proceeding is commenced prior to the expiration |
|
|
|
HB2676 |
- 41 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| of 2 years after the date of the abolition. | 2 |
| (b) The Panel may indemnify any member, officer, employee, | 3 |
| or agent who was or is a party or is threatened to be made a | 4 |
| party to any threatened, pending, or completed action, suit, or | 5 |
| proceeding, whether civil, criminal, administrative, or | 6 |
| investigative, by reason of the fact that he or she was a | 7 |
| member, officer, employee, or agent of the Panel, against | 8 |
| expenses (including attorney's fees, judgments, fines, and | 9 |
| amounts paid in settlement actually and reasonably incurred by | 10 |
| him or her in connection with the action, suit, or proceeding) | 11 |
| if he or she acted in good faith and in a manner that he or she | 12 |
| reasonably believed to be in or not opposed to the best | 13 |
| interests of the Panel and, with respect to any criminal action | 14 |
| or proceeding, had no reasonable cause to believe his or her | 15 |
| conduct was unlawful. The termination of any action, suit, or | 16 |
| proceeding by judgment, order, settlement, or conviction or | 17 |
| upon a plea of nolo contendere or its equivalent, shall not, of | 18 |
| itself, create a presumption that the person did not act in | 19 |
| good faith in a manner that he or she reasonably believed to be | 20 |
| in or not opposed to the best interests of the Panel and, with | 21 |
| respect to any criminal action or proceeding, had reasonable | 22 |
| cause to believe that his or her conduct was unlawful. | 23 |
| To the extent that a member, officer, employee, or agent of | 24 |
| the Panel has been successful, on the merits or otherwise, in | 25 |
| the defense of any such action, suit, or proceeding referred to | 26 |
| in this subsection (b) or in defense of any claim, issue, or |
|
|
|
HB2676 |
- 42 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| matter therein, he or she shall be indemnified against | 2 |
| expenses, including attorney's fees, actually and reasonably | 3 |
| incurred by him or her in connection therewith. Any such | 4 |
| indemnification shall be made by the Panel only as authorized | 5 |
| in the specific case, upon a determination that indemnification | 6 |
| of the member, officer, employee, or agent is proper in the | 7 |
| circumstances because he or she has met the applicable standard | 8 |
| of conduct. The determination shall be made (i) by the Panel by | 9 |
| a majority vote of a quorum consisting of members who are not | 10 |
| parties to the action, suit, or proceeding or (ii) if such a | 11 |
| quorum is not obtainable or, even if obtainable, a quorum of | 12 |
| disinterested members so directs, by independent legal counsel | 13 |
| in a written opinion. | 14 |
| Reasonable expenses incurred in defending an action, suit, | 15 |
| or proceeding shall be paid by the Panel in advance of the | 16 |
| final disposition of the action, suit, or proceeding, as | 17 |
| authorized by the Panel in the specific case, upon receipt of | 18 |
| an undertaking by or on behalf of the member, officer, | 19 |
| employee, or agent to repay the amount, unless it is ultimately | 20 |
| determined that he or she is entitled to be indemnified by the | 21 |
| Panel as authorized in this Section. | 22 |
| Any member, officer, employee, or agent against whom any | 23 |
| action, suit, or proceeding is brought may employ his or her | 24 |
| own attorney to appear on his or her behalf. | 25 |
| The right to indemnification accorded by this Section shall | 26 |
| not limit any other right to indemnification to which the |
|
|
|
HB2676 |
- 43 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| member, officer, employee, or agent may be entitled. Any rights | 2 |
| under this Section shall inure to the benefit of the heirs, | 3 |
| executors, and administrators of any member, officer, | 4 |
| employee, or agent of the Panel. | 5 |
| The Panel may purchase and maintain insurance on behalf of | 6 |
| any person who is or was a member, officer, employee, or agent | 7 |
| of the Panel against any liability asserted against him or her | 8 |
| and incurred by him or her in any such capacity or arising out | 9 |
| of his or her status as such, whether or not the Panel would | 10 |
| have the power to indemnify him or her against liability under | 11 |
| the provisions of this Section. | 12 |
| The Panel shall be considered a State agency for purposes | 13 |
| of receiving representation by the Attorney General. Members, | 14 |
| officers, employees, and agents of the Panel shall be entitled | 15 |
| to representation and indemnification under the State Employee | 16 |
| Indemnification Act.
| 17 |
| Section 99. Effective date. This Act takes effect upon | 18 |
| becoming law.
|
|
|
|
HB2676 |
- 44 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
|
INDEX
| 2 |
|
Statutes amended in order of appearance
|
| 3 |
| 35 ILCS 200/18-50.1 |
|
| 4 |
| 35 ILCS 200/18-92 |
|
| 5 |
| 35 ILCS 200/18-241 |
|
| 6 |
| 105 ILCS 5/1B-8 |
from Ch. 122, par. 1B-8 |
| 7 |
| 105 ILCS 5/Art. 1H heading | 8 |
| new |
|
| 9 |
| 105 ILCS 5/1H-1 new |
|
| 10 |
| 105 ILCS 5/1H-5 new |
|
| 11 |
| 105 ILCS 5/1H-10 new |
|
| 12 |
| 105 ILCS 5/1H-15 new |
|
| 13 |
| 105 ILCS 5/1H-20 new |
|
| 14 |
| 105 ILCS 5/1H-25 new |
|
| 15 |
| 105 ILCS 5/1H-30 new |
|
| 16 |
| 105 ILCS 5/1H-35 new |
|
| 17 |
| 105 ILCS 5/1H-40 new |
|
| 18 |
| 105 ILCS 5/1H-41 new |
|
| 19 |
| 105 ILCS 5/1H-42 new |
|
| 20 |
| 105 ILCS 5/1H-45 new |
|
| 21 |
| 105 ILCS 5/1H-50 new |
|
| 22 |
| 105 ILCS 5/1H-55 new |
|
| 23 |
| 105 ILCS 5/1H-60 new |
|
| 24 |
| 105 ILCS 5/1H-65 new |
|
| 25 |
| 105 ILCS 5/1H-70 new |
|
|
|
|
|
HB2676 |
- 45 - |
LRB096 09851 NHT 20014 b |
|
| 1 |
| 105 ILCS 5/1H-75 new |
|
| 2 |
| 105 ILCS 5/1H-80 new |
|
| 3 |
| 105 ILCS 5/1H-85 new |
|
| 4 |
| 105 ILCS 5/1H-90 new |
|
| 5 |
| 105 ILCS 5/1H-95 new |
|
| 6 |
| 105 ILCS 5/1H-100 new |
|
| 7 |
| 105 ILCS 5/1H-105 new |
|
| 8 |
| 105 ILCS 5/1H-110 new |
|
| 9 |
| 105 ILCS 5/1H-115 new |
|
| 10 |
| 105 ILCS 5/1H-120 new |
|
| 11 |
| 105 ILCS 5/1H-125 new |
|
| 12 |
| 105 ILCS 5/1H-130 new |
|
| 13 |
| 105 ILCS 5/1H-135 new |
|
| 14 |
| 105 ILCS 5/1H-140 new |
|
| 15 |
| 105 ILCS 5/1H-145 new |
|
| 16 |
| 105 ILCS 5/1H-150 new |
|
| 17 |
| 105 ILCS 5/1H-155 new |
|
| 18 |
| 105 ILCS 5/1H-160 new |
|
| 19 |
| 105 ILCS 5/1H-165 new |
|
| 20 |
| 105 ILCS 5/1H-170 new |
|
| |
|