State of Illinois
92^nd General Assembly
Legislation

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92_SB0022eng

 
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 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    Section 18-185 and by adding 18-201 as follows:

 6        (35 ILCS 200/18-185)
 7        Sec. 18-185.  Short title; definitions.  This Division  5
 8    may  be  cited  as the Property Tax Extension Limitation Law.
 9    As used in this Division 5:
10        "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.
13        "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
16    rate of increase approved by voters under Section 18-205.
17        "Affected county" means a county  of  3,000,000  or  more
18    inhabitants  or  a county contiguous to a county of 3,000,000
19    or more inhabitants.
20        "Taxing  district"  has  the  same  meaning  provided  in
21    Section 1-150, except as otherwise provided in this  Section.
22    For  the 1991 through 1994 levy years only, "taxing district"
23    includes only each non-home rule taxing district  having  the
24    majority  of  its  1990  equalized  assessed value within any
25    county or counties contiguous to a county with  3,000,000  or
26    more inhabitants.  Beginning with the 1995 levy year, "taxing
27    district"  includes  only  each non-home rule taxing district
28    subject to this Law  before  the  1995  levy  year  and  each
29    non-home  rule taxing district not subject to this Law before
30    the 1995 levy year having the majority of its 1994  equalized
31    assessed  value in an affected county or counties.  Beginning
 
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 1    with the levy year in which this Law becomes applicable to  a
 2    taxing  district  as  provided  in  Section  18-213,  "taxing
 3    district"  also  includes those taxing districts made subject
 4    to this Law as provided in Section 18-213.
 5        "Aggregate extension" for taxing districts to which  this
 6    Law  applied  before  the  1995  levy  year  means the annual
 7    corporate extension for the taxing district and those special
 8    purpose extensions that are  made  annually  for  the  taxing
 9    district,  excluding special purpose extensions: (a) made for
10    the taxing district to pay interest or principal  on  general
11    obligation  bonds  that were approved by referendum; (b) made
12    for any taxing district  to  pay  interest  or  principal  on
13    general  obligation  bonds issued before October 1, 1991; (c)
14    made for any taxing district to pay interest or principal  on
15    bonds  issued  to  refund  or  continue to refund those bonds
16    issued before October  1,  1991;  (d)  made  for  any  taxing
17    district  to  pay  interest  or  principal on bonds issued to
18    refund or continue to refund bonds issued  after  October  1,
19    1991  that  were  approved  by  referendum;  (e) made for any
20    taxing district to pay interest or principal on revenue bonds
21    issued before October 1, 1991 for payment of which a property
22    tax levy or the full faith and credit of the  unit  of  local
23    government  is  pledged;  however,  a  tax for the payment of
24    interest or principal on those bonds shall be made only after
25    the governing body of the unit of local government finds that
26    all other sources for payment are insufficient to make  those
27    payments;  (f)  made for payments under a building commission
28    lease when the lease payments are for the retirement of bonds
29    issued by the commission before October 1, 1991, to  pay  for
30    the  building  project;  (g)  made  for  payments  due  under
31    installment  contracts  entered  into before October 1, 1991;
32    (h) made for payments of  principal  and  interest  on  bonds
33    issued  under the Metropolitan Water Reclamation District Act
34    to finance construction projects initiated before October  1,
 
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 1    1991;  (i)  made  for  payments  of principal and interest on
 2    limited  bonds,  as  defined  in  Section  3  of  the   Local
 3    Government  Debt  Reform  Act, in an amount not to exceed the
 4    debt service extension base less the  amount  in  items  (b),
 5    (c),  (e),  and  (h)  of  this  definition for non-referendum
 6    obligations, except obligations initially issued pursuant  to
 7    referendum;  (j)  made for payments of principal and interest
 8    on bonds issued under Section 15 of the Local Government Debt
 9    Reform  Act;  and  (k)  made  by  a  school   district   that
10    participates  in  the  Special  Education  District  of  Lake
11    County,  created  by  special education joint agreement under
12    Section 10-22.31 of the  School  Code,  for  payment  of  the
13    school  district's  share  of  the  amounts  required  to  be
14    contributed  by the Special Education District of Lake County
15    to the Illinois Municipal Retirement Fund under Article 7  of
16    the  Illinois Pension Code; the amount of any extension under
17    this item (k) shall be certified by the  school  district  to
18    the county clerk.
19        "Aggregate  extension"  for the taxing districts to which
20    this Law did not apply before  the  1995  levy  year  (except
21    taxing  districts  subject  to  this  Law  in accordance with
22    Section 18-213) means the annual corporate extension for  the
23    taxing district and those special purpose extensions that are
24    made  annually  for  the  taxing  district, excluding special
25    purpose extensions: (a) made for the taxing district  to  pay
26    interest  or  principal on general obligation bonds that were
27    approved by referendum; (b) made for any taxing  district  to
28    pay  interest or principal on general obligation bonds issued
29    before March 1, 1995; (c) made for any taxing district to pay
30    interest or principal on bonds issued to refund  or  continue
31    to  refund  those bonds issued before March 1, 1995; (d) made
32    for any taxing district to pay interest or principal on bonds
33    issued to refund or continue to  refund  bonds  issued  after
34    March  1, 1995 that were approved by referendum; (e) made for
 
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 1    any taxing district to pay interest or principal  on  revenue
 2    bonds  issued  before  March  1,  1995 for payment of which a
 3    property tax levy or the full faith and credit of the unit of
 4    local government is pledged; however, a tax for  the  payment
 5    of  interest  or  principal on those bonds shall be made only
 6    after the governing body of  the  unit  of  local  government
 7    finds  that all other sources for payment are insufficient to
 8    make those payments; (f) made for payments under  a  building
 9    commission   lease  when  the  lease  payments  are  for  the
10    retirement of bonds issued by the commission before March  1,
11    1995  to  pay for the building project; (g) made for payments
12    due under installment contracts entered into before March  1,
13    1995;  (h)  made  for  payments  of principal and interest on
14    bonds  issued  under  the  Metropolitan   Water   Reclamation
15    District  Act  to  finance  construction  projects  initiated
16    before  October  1,  1991; (i) made for payments of principal
17    and interest on limited bonds, as defined in Section 3 of the
18    Local Government Debt Reform Act, in an amount not to  exceed
19    the debt service extension base less the amount in items (b),
20    (c),   and   (e)   of   this  definition  for  non-referendum
21    obligations, except obligations initially issued pursuant  to
22    referendum  and  bonds  described  in  subsection (h) of this
23    definition; (j) made for payments of principal  and  interest
24    on bonds issued under Section 15 of the Local Government Debt
25    Reform  Act;  (k) made for payments of principal and interest
26    on bonds authorized by Public Act  88-503  and  issued  under
27    Section  20a of the Chicago Park District Act for aquarium or
28    museum projects; and (l) made for payments of  principal  and
29    interest on bonds authorized by Public Act 87-1191 and issued
30    under  Section 42 of the Cook County Forest Preserve District
31    Act for zoological park projects.
32        "Aggregate extension" for all taxing districts  to  which
33    this  Law  applies  in accordance with Section 18-213, except
34    for those  taxing  districts  subject  to  paragraph  (2)  of
 
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 1    subsection  (e) of Section 18-213, means the annual corporate
 2    extension for the taxing district and those  special  purpose
 3    extensions  that  are  made annually for the taxing district,
 4    excluding special purpose extensions: (a) made for the taxing
 5    district to pay interest or principal on  general  obligation
 6    bonds  that  were  approved  by  referendum; (b) made for any
 7    taxing district to  pay  interest  or  principal  on  general
 8    obligation   bonds  issued  before  the  date  on  which  the
 9    referendum making this Law applicable to the taxing  district
10    is  held; (c) made for any taxing district to pay interest or
11    principal on bonds issued to refund  or  continue  to  refund
12    those  bonds  issued  before the date on which the referendum
13    making this Law applicable to the taxing  district  is  held;
14    (d) made for any taxing district to pay interest or principal
15    on  bonds issued to refund or continue to refund bonds issued
16    after the date  on  which  the  referendum  making  this  Law
17    applicable  to  the taxing district is held if the bonds were
18    approved by referendum after the date on which the referendum
19    making this Law applicable to the taxing  district  is  held;
20    (e) made for any taxing district to pay interest or principal
21    on  revenue  bonds  issued  before  the  date  on  which  the
22    referendum  making this Law applicable to the taxing district
23    is held for payment of which a property tax levy or the  full
24    faith  and credit of the unit of local government is pledged;
25    however, a tax for the payment of interest  or  principal  on
26    those  bonds  shall  be made only after the governing body of
27    the unit of local government finds that all other sources for
28    payment are insufficient to make those payments; (f) made for
29    payments under a building commission  lease  when  the  lease
30    payments  are  for  the  retirement  of  bonds  issued by the
31    commission before the date on  which  the  referendum  making
32    this Law applicable to the taxing district is held to pay for
33    the  building  project;  (g)  made  for  payments  due  under
34    installment  contracts  entered into before the date on which
 
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 1    the referendum making  this  Law  applicable  to  the  taxing
 2    district  is  held;  (h)  made  for payments of principal and
 3    interest on limited bonds, as defined in  Section  3  of  the
 4    Local  Government Debt Reform Act, in an amount not to exceed
 5    the debt service extension base less the amount in items (b),
 6    (c),  and  (e)  of   this   definition   for   non-referendum
 7    obligations,  except obligations initially issued pursuant to
 8    referendum; (i) made for payments of principal  and  interest
 9    on bonds issued under Section 15 of the Local Government Debt
10    Reform Act; and (j) made for a qualified airport authority to
11    pay  interest or principal on general obligation bonds issued
12    for the purpose of paying obligations due under, or financing
13    airport facilities  required  to  be  acquired,  constructed,
14    installed  or  equipped  pursuant  to, contracts entered into
15    before March 1, 1996 (but not  including  any  amendments  to
16    such a contract taking effect on or after that date).
17        "Aggregate  extension"  for all taxing districts to which
18    this  Law  applies  in  accordance  with  paragraph  (2)   of
19    subsection  (e)  of Section 18-213 means the annual corporate
20    extension for the taxing district and those  special  purpose
21    extensions  that  are  made annually for the taxing district,
22    excluding special purpose extensions: (a) made for the taxing
23    district to pay interest or principal on  general  obligation
24    bonds  that  were  approved  by  referendum; (b) made for any
25    taxing district to  pay  interest  or  principal  on  general
26    obligation  bonds  issued  before  the effective date of this
27    amendatory Act of 1997; (c) made for any taxing  district  to
28    pay  interest  or  principal  on  bonds  issued  to refund or
29    continue to refund those bonds issued  before  the  effective
30    date  of this amendatory Act of 1997; (d) made for any taxing
31    district to pay interest or  principal  on  bonds  issued  to
32    refund or continue to refund bonds issued after the effective
33    date  of  this  amendatory  Act  of  1997  if  the bonds were
34    approved by referendum  after  the  effective  date  of  this
 
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 1    amendatory  Act  of 1997; (e) made for any taxing district to
 2    pay interest or principal on revenue bonds issued before  the
 3    effective  date of this amendatory Act of 1997 for payment of
 4    which a property tax levy or the full faith and credit of the
 5    unit of local government is pledged; however, a tax  for  the
 6    payment of interest or principal on those bonds shall be made
 7    only after the governing body of the unit of local government
 8    finds  that all other sources for payment are insufficient to
 9    make those payments; (f) made for payments under  a  building
10    commission   lease  when  the  lease  payments  are  for  the
11    retirement of bonds  issued  by  the  commission  before  the
12    effective  date of this amendatory Act of 1997 to pay for the
13    building project; (g) made for payments due under installment
14    contracts entered into before  the  effective  date  of  this
15    amendatory  Act  of  1997; (h) made for payments of principal
16    and interest on limited bonds, as defined in Section 3 of the
17    Local Government Debt Reform Act, in an amount not to  exceed
18    the debt service extension base less the amount in items (b),
19    (c),   and   (e)   of   this  definition  for  non-referendum
20    obligations, except obligations initially issued pursuant  to
21    referendum;  (i)  made for payments of principal and interest
22    on bonds issued under Section 15 of the Local Government Debt
23    Reform Act; and (j) made for a qualified airport authority to
24    pay interest or principal on general obligation bonds  issued
25    for the purpose of paying obligations due under, or financing
26    airport  facilities  required  to  be  acquired, constructed,
27    installed or equipped pursuant  to,  contracts  entered  into
28    before  March  1,  1996  (but not including any amendments to
29    such a contract taking effect on or after that date).
30        "Debt service extension base" means an  amount  equal  to
31    that  portion  of the extension for a taxing district for the
32    1994 levy year, or for those taxing districts subject to this
33    Law in accordance  with  Section  18-213,  except  for  those
34    subject to paragraph (2) of subsection (e) of Section 18-213,
 
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 1    for  the  levy  year  in which the referendum making this Law
 2    applicable to the taxing  district  is  held,  or  for  those
 3    taxing  districts  subject  to  this  Law  in accordance with
 4    paragraph (2) of subsection (e) of  Section  18-213  for  the
 5    1996  levy  year,  constituting  an  extension for payment of
 6    principal and interest on bonds issued by the taxing district
 7    without referendum, but not including (i) bonds authorized by
 8    Public Act 88-503 and issued under Section 20a of the Chicago
 9    Park District Act for  aquarium  and  museum  projects;  (ii)
10    bonds  issued  under  Section 15 of the Local Government Debt
11    Reform Act; or (iii) refunding obligations issued  to  refund
12    or   to  continue  to  refund  obligations  initially  issued
13    pursuant  to  referendum;  or  (iv)  bonds  issued  for  fire
14    prevention and safety purposes under Section 17-2.11  of  the
15    School  Code  after the effective date of this amendatory Act
16    of the 92nd General Assembly and bonds issued to  refund  the
17    fire  prevention  and safety bonds issued after the effective
18    date of this amendatory Act of the 92nd General Assembly. The
19    debt service extension base may be established  or  increased
20    as provided under Section 18-212.
21        "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
25    to Section 6-601 of the Illinois  Highway  Code  for  a  road
26    district's  permanent  road  fund  whether levied annually or
27    not.  The  extension  for  a  special  service  area  is  not
28    included in the aggregate extension.
29        "Aggregate  extension  base"  means the taxing district's
30    last preceding aggregate extension as adjusted under Sections
31    18-215 through 18-230.
32        "Levy year" has the same meaning as "year" under  Section
33    1-155.
34        "New  property" means (i) the assessed value, after final
 
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 1    board  of  review  or  board  of  appeals  action,   of   new
 2    improvements  or  additions  to  existing improvements on any
 3    parcel of real property that increase the assessed  value  of
 4    that  real  property  during  the levy year multiplied by the
 5    equalization factor issued by the  Department  under  Section
 6    17-30  and  (ii)  the  assessed  value,  after final board of
 7    review or board of  appeals  action,  of  real  property  not
 8    exempt  from  real  estate  taxation, which real property was
 9    exempt from real estate  taxation  for  any  portion  of  the
10    immediately   preceding   levy   year,   multiplied   by  the
11    equalization factor issued by the  Department  under  Section
12    17-30.   In addition, the county clerk in a county containing
13    a population of 3,000,000 or more shall include in  the  1997
14    recovered  tax  increment  value for any school district, any
15    recovered tax increment value that was applicable to the 1995
16    tax year calculations.
17        "Qualified airport authority" means an airport  authority
18    organized  under the Airport Authorities Act and located in a
19    county bordering on the  State  of  Wisconsin  and  having  a
20    population in excess of 200,000 and not greater than 500,000.
21        "Recovered   tax   increment   value"  means,  except  as
22    otherwise provided in  this  paragraph,  the  amount  of  the
23    current  year's  equalized  assessed value, in the first year
24    after a municipality terminates the designation of an area as
25    a redevelopment project area previously established under the
26    Tax Increment Allocation  Development  Act  in  the  Illinois
27    Municipal  Code,  previously established under the Industrial
28    Jobs  Recovery  Law  in  the  Illinois  Municipal  Code,   or
29    previously  established  under  the Economic Development Area
30    Tax Increment Allocation Act, of  each  taxable  lot,  block,
31    tract,  or  parcel  of  real  property  in  the redevelopment
32    project area over and above the  initial  equalized  assessed
33    value  of  each  property  in the redevelopment project area.
34    For the taxes which are extended for the 1997 levy year,  the
 
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 1    recovered  tax  increment  value  for  a non-home rule taxing
 2    district that first became subject to this Law for  the  1995
 3    levy  year  because a majority of its 1994 equalized assessed
 4    value  was  in  an  affected  county  or  counties  shall  be
 5    increased if a municipality terminated the designation of  an
 6    area  in  1993  as  a  redevelopment  project area previously
 7    established under the Tax  Increment  Allocation  Development
 8    Act  in  the  Illinois Municipal Code, previously established
 9    under the  Industrial  Jobs  Recovery  Law  in  the  Illinois
10    Municipal  Code, or previously established under the Economic
11    Development Area Tax Increment Allocation Act, by  an  amount
12    equal  to  the  1994 equalized assessed value of each taxable
13    lot,  block,  tract,  or  parcel  of  real  property  in  the
14    redevelopment  project  area  over  and  above  the   initial
15    equalized   assessed   value   of   each   property   in  the
16    redevelopment  project  area.  In  the  first  year  after  a
17    municipality removes a taxable lot, block, tract,  or  parcel
18    of   real   property   from   a  redevelopment  project  area
19    established under the Tax  Increment  Allocation  Development
20    Act  in  the  Illinois  Municipal  Code,  the Industrial Jobs
21    Recovery Law in the Illinois Municipal Code, or the  Economic
22    Development Area Tax Increment Allocation Act, "recovered tax
23    increment  value"  means  the  amount  of  the current year's
24    equalized assessed value of each taxable lot,  block,  tract,
25    or  parcel  of  real  property removed from the redevelopment
26    project area over and above the  initial  equalized  assessed
27    value   of   that  real  property  before  removal  from  the
28    redevelopment project area.
29        Except as otherwise provided in this  Section,  "limiting
30    rate"  means  a  fraction  the numerator of which is the last
31    preceding aggregate extension base times an amount  equal  to
32    one plus the extension limitation defined in this Section and
33    the  denominator  of  which  is  the current year's equalized
34    assessed value of all real property in  the  territory  under
 
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 1    the jurisdiction of the taxing district during the prior levy
 2    year.    For   those  taxing  districts  that  reduced  their
 3    aggregate extension for the last  preceding  levy  year,  the
 4    highest  aggregate  extension  in any of the last 3 preceding
 5    levy years shall be used for the  purpose  of  computing  the
 6    limiting   rate.   The  denominator  shall  not  include  new
 7    property.  The denominator shall not  include  the  recovered
 8    tax increment value.
 9    (Source:  P.A.  90-485,  eff.  1-1-98;  90-511, eff. 8-22-97;
10    90-568, eff.  1-1-99;  90-616,  eff.  7-10-98;  90-655,  eff.
11    7-30-98; 91-357, eff. 7-29-99; 91-478, eff. 11-1-99.)

12        (35 ILCS 200/18-201 new)
13        Sec. 18-201.  School districts.
14        (a)  The  aggregate extension for a school district shall
15    not include any extension (i) made for  fire  prevention  and
16    safety  purposes  under  Section  17-2.11  of the School Code
17    produced by that portion of the  rate  for  that  purpose  in
18    excess  of  the  district's maximum permissible rate for that
19    purpose immediately prior  to  the  effective  date  of  this
20    amendatory  Act of the 92nd General Assembly or (ii) made for
21    payments of principal and interest  on  fire  prevention  and
22    safety  bonds issued under Section 17-2.11 of the School Code
23    after the effective date of this amendatory Act of  the  92nd
24    General  Assembly  or  on  bonds  issued  to  refund the fire
25    prevention and safety bonds issued after the  effective  date
26    of this amendatory Act of the 92nd General Assembly.
27        (b)  The  requirements of Section 18-190 of this Code for
28    a direct referendum on the imposition of a new  or  increased
29    tax  rate  shall  not  apply  to  the tax levies that are not
30    included in the aggregate extension pursuant to this Section.

31        (35 ILCS 200/18-200 rep.)
32        Section  10.   The  Property  Tax  Code  is  amended   by
 
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 1    repealing Section 18-200.

 2        Section  15.  The  School  Code  is  amended  by changing
 3    Sections 2-3.12,  10-22.14,  17-2.2,  17-2.11,  and  19-1  as
 4    follows:

 5        (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
 6        Sec. 2-3.12.  School building code. To prepare for school
 7    boards  with  the  advice of the Department of Public Health,
 8    the Capital Development Board, and the State Fire  Marshal  a
 9    school building code that will conserve the health and safety
10    and  general  welfare  of the pupils and school personnel and
11    others who use public school facilities.
12        The document known as "Efficient and  Adequate  Standards
13    for  the  Construction  of Schools" applies only to temporary
14    school facilities, new school  buildings,  and  additions  to
15    existing  schools  whose  construction  contracts are awarded
16    after July 1, 1965.  On or before July 1, 1967,  each  school
17    board  shall  have  its  school  district buildings that were
18    constructed  prior  to  January  1,  1955,  surveyed  by   an
19    architect or engineer licensed in the State of Illinois as to
20    minimum standards necessary to conserve the health and safety
21    of  the  pupils  enrolled  in  the  school  buildings  of the
22    district.  Buildings constructed between January 1, 1955  and
23    July  1,  1965,  not owned by the State of Illinois, shall be
24    surveyed by an architect or engineer licensed in the State of
25    Illinois beginning 10 years after acceptance of the completed
26    building by the school board.  Buildings constructed  between
27    January  1, 1955 and July 1, 1955 and previously exempt under
28    the provisions of Section 35-27 shall be  surveyed  prior  to
29    July  1,  1977  by  an  architect or engineer licensed in the
30    State of Illinois.  The  architect  or  engineer,  using  the
31    document  known  as  "Building  Specifications for Health and
32    Safety in Public Schools" as a guide, shall make a report  of
 
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 1    the  findings  of  the  survey  to  the  school board, giving
 2    priority  in  that  report  to  fire  safety   problems   and
 3    recommendations  thereon  if  any  such  problems exist.  The
 4    school board of each district so  surveyed  and  receiving  a
 5    report  of  needed  recommendations  to  be  made  to improve
 6    standards of safety and health of  the  pupils  enrolled  has
 7    until  July 1, 1970, or in case of buildings not owned by the
 8    State of Illinois and completed between January 1,  1955  and
 9    July  1,  1965  or in the case of buildings previously exempt
10    under the provisions of Section 35-27 has a period of 3 years
11    after  the  survey  is   commenced,   to   effectuate   those
12    recommendations,    giving    first    attention    to    the
13    recommendations  in the survey report having priority status,
14    and is authorized to levy the tax  provided  for  in  Section
15    17-2.11, according to the provisions of that Section, to make
16    such  improvements.  School boards unable to effectuate those
17    recommendations prior to July 1, 1970, on July 1, 1980 in the
18    case of buildings previously exempt under the  provisions  of
19    Section  35-27,  may  petition  the  State  Superintendent of
20    Education   upon   the   recommendation   of   the   Regional
21    Superintendent for an extension of time.   The  extension  of
22    time  may be granted by the State Superintendent of Education
23    for a period of one year, but may be extended  from  year  to
24    year  provided  substantial  progress,  in the opinion of the
25    State Superintendent  of  Education,  is  being  made  toward
26    compliance.
27        Within   2   years  after  the  effective  date  of  this
28    amendatory Act of 1983, and every 10 years thereafter, or  at
29    such  other  times  as  the  State  Board  of Education deems
30    necessary or the  regional  superintendent  so  orders,  each
31    school  board subject to the provisions of this Section shall
32    again  survey  its  school  buildings  and   effectuate   any
33    recommendations  in  accordance with the procedures set forth
34    herein. An architect or engineer licensed  in  the  State  of
 
SB22 Engrossed              -14-               LRB9201505NTsb
 1    Illinois  is  required  to  conduct  the  surveys  under  the
 2    provisions  of  this  Section  and shall make a report of the
 3    findings of the survey titled "safety survey report"  to  the
 4    school  board.   The  school  board  shall approve the safety
 5    survey report, including any  recommendations  to  effectuate
 6    compliance  with  the  code,  and  submit  it to the Regional
 7    Superintendent.  The Regional Superintendent shall  render  a
 8    decision  regarding  approval or denial and submit the safety
 9    survey report to the State Superintendent of Education.   The
10    State  Superintendent  of Education shall approve or deny the
11    report including  recommendations  to  effectuate  compliance
12    with  the  code  and,  if  approved,  issue  a certificate of
13    approval. Upon receipt of the certificate  of  approval,  the
14    Regional  Superintendent  shall  issue an order to effect any
15    approved recommendations included in the  report.   Items  in
16    the  report  shall  be  prioritized.   Urgent  items shall be
17    considered as those items related  to  life  safety  problems
18    that  present  an immediate hazard to the safety of students.
19    Required items shall be considered as those  items  that  are
20    necessary  for  a  safe  environment  but  present less of an
21    immediate hazard  to  the  safety  of  students.  Urgent  and
22    required items shall be defined in rules adopted by the State
23    Board of Education. Urgent and required items shall reference
24    a  specific  rule in the code authorized by this Section that
25    is currently being violated or will be  violated  within  the
26    next  12 months if the violation is not remedied.  The school
27    board of each district so surveyed and receiving a report  of
28    needed  recommendations  to  be made to maintain standards of
29    safety and health of the pupils enrolled shall effectuate the
30    correction of urgent items as soon as  achievable  to  ensure
31    the safety of the students, but in no case more than one year
32    after  the  date  of  the State Superintendent of Education's
33    approval of the recommendation.    Required  items  shall  be
34    corrected  in  a  timely manner, but in no case more than 3 5
 
SB22 Engrossed              -15-               LRB9201505NTsb
 1    years  from  the  date  of  the   State   Superintendent   of
 2    Education's  approval  of the recommendation.  Once each year
 3    the school  board  shall  submit  a  report  of  progress  on
 4    completion  of  any  recommendations to effectuate compliance
 5    with the code.  For each year that the school board does  not
 6    effectuate  any  or  all  approved  recommendations, it shall
 7    petition  the   Regional   Superintendent   and   the   State
 8    Superintendent of Education detailing what work was completed
 9    in  the  previous  year and a work plan for completion of the
10    remaining  work.   If  in  the  judgement  of  the   Regional
11    Superintendent  and  the  State  Superintendent  of Education
12    substantial progress has been made and just  cause  has  been
13    shown  by  the  school  board,  the  petition  for a one year
14    extension of time may be approved.
15        As soon as practicable, but not later than 2 years  after
16    the  effective date of this amendatory Act of 1992, the State
17    Board of  Education  shall  combine  the  document  known  as
18    "Efficient  and  Adequate  Standards  for the Construction of
19    Schools" with the document known as "Building  Specifications
20    for  Health  and  Safety in Public Schools" together with any
21    modifications or additions that may be deemed necessary.  The
22    combined document shall be known as the  "Health/Life  Safety
23    Code  for Public Schools" and shall be the governing code for
24    all facilities that  house  public  school  students  or  are
25    otherwise  used  for  public  school  purposes,  whether such
26    facilities are permanent or temporary and  whether  they  are
27    owned,  leased,  rented,  or  otherwise used by the district.
28    Facilities owned by a school district but that are  not  used
29    to  house  public  school students or are not used for public
30    school purposes shall  be  governed  by  separate  provisions
31    within the code authorized by this Section.
32        The  10 year survey cycle specified in this Section shall
33    continue to apply based upon the standards contained  in  the
34    "Health/Life  Safety  Code  for  Public Schools", which shall
 
SB22 Engrossed              -16-               LRB9201505NTsb
 1    specify building standards for buildings that are constructed
 2    prior to the effective date of this amendatory  Act  of  1992
 3    and for buildings that are constructed after that date.
 4        The "Health/Life Safety Code for Public Schools" shall be
 5    the   governing   code   for  public  schools;  however,  the
 6    provisions of this Section shall not preclude  inspection  of
 7    school  premises  and  buildings pursuant to Section 9 of the
 8    Fire Investigation Act, provided that the provisions  of  the
 9    "Health/Life   Safety  Code  for  Public  Schools",  or  such
10    predecessor document authorized by this  Section  as  may  be
11    applicable  are used, and provided that those inspections are
12    coordinated   with   the   Regional   Superintendent   having
13    jurisdiction over the public  school  facility.   Any  agency
14    having  jurisdiction  beyond  the  scope  of  the  applicable
15    document  authorized by this Section may issue a lawful order
16    to a school board  to  effectuate  recommendations,  and  the
17    school  board  receiving  the  order  shall  certify  to  the
18    Regional  Superintendent  and  the  State  Superintendent  of
19    Education when it has complied with the order.
20        The  State  Board of Education is authorized to adopt any
21    rules that are necessary relating to the  administration  and
22    enforcement  of  the  provisions  of  this Section.  The code
23    authorized by this Section shall apply only to  those  school
24    districts   having   a   population   of  less  than  500,000
25    inhabitants.
26    (Source: P.A. 89-397, eff. 8-20-95; 90-811, eff. 1-26-99.)

27        (105 ILCS 5/10-22.14) (from Ch. 122, par. 10-22.14)
28        Sec. 10-22.14. Borrowing  money  and  issuing  bonds.  To
29    borrow  money,  and  issue  bonds for the purposes and in the
30    manner provided by this Act.
31        When bond proceeds from  the  sale  of  bonds  include  a
32    premium,  or  when  the proceeds of bonds issued for the fire
33    prevention, safety, energy conservation, and school  security
 
SB22 Engrossed              -17-               LRB9201505NTsb
 1    purposes  as  specified  in  Section  17-2.11 are invested as
 2    authorized by law, the board shall  determine  by  resolution
 3    whether  the  interest  earned  on  the  investment  of  bond
 4    proceeds  authorized  under  Section  17-2.11  or the premium
 5    realized in the sale of bonds, as the case may be, is  to  be
 6    used  for  the  purposes  for which the bonds were issued or,
 7    instead,  for  payment  of  the  principal  indebtedness  and
 8    interest on those bonds.
 9        When  bonds,  other  than  bonds  issued  for  the   fire
10    prevention,  safety, energy conservation, and school security
11    purposes as specified in Section 17-2.11 are  issued  by  any
12    school  district,  and  the purposes for which the bonds have
13    been issued are accomplished and paid for in full, and  there
14    remain  funds  on  hand  from  the  proceeds  of the bonds so
15    issued, the board by resolution  may  transfer  those  excess
16    funds to the operations and maintenance fund.
17        When bonds are issued by any school district for the fire
18    prevention,  safety, energy conservation, and school security
19    purposes as specified in Section 17-2.11,  and  the  purposes
20    for  which  the  bonds  have been issued are accomplished and
21    paid in full,  and  there  remain  funds  on  hand  from  the
22    proceeds  of  the bonds issued, the board by resolution shall
23    use  those  excess  funds  (1)  for  other  authorized   fire
24    prevention,  safety, energy conservation, and school security
25    purposes as specified in Section 17-2.11 or (2) for  transfer
26    to  the  Bond  and Interest Fund for payment of principal and
27    interest on those bonds.  If any transfer is made to the Bond
28    and Interest Fund, the secretary of the  school  board  shall
29    within  30 days notify the county clerk of the amount of that
30    transfer and direct the  clerk  to  abate  the  taxes  to  be
31    extended  for the purposes of principal and interest payments
32    on the respective bonds issued under Section  17-2.11  by  an
33    amount equal to such transfer.
34    (Source: P.A. 86-970; 87-984.)
 
SB22 Engrossed              -18-               LRB9201505NTsb
 1        (105 ILCS 5/17-2.2) (from Ch. 122, par. 17-2.2)
 2        Sec. 17-2.2.  Backdoor Back door referendum. Whenever any
 3    school district first levies a tax at a rate within the limit
 4    prescribed  by paragraph (3) of Section 17-2 but in excess of
 5    the maximum permissible on July 9, 1957, or within the  limit
 6    prescribed  by  paragraph  (1)  or (2) of Section 17-2 but in
 7    excess of the  maximum  permissible  on  June  30,  1965,  or
 8    whenever after August 3, 1989 any school district maintaining
 9    only  grades  kindergarten  through  8 first levies a tax for
10    transportation purposes for any school year which  is  within
11    the limit prescribed for that school year by paragraph (5) of
12    Section  17-2  but  in excess of the maximum authorized to be
13    levied for such purposes for  the  1988-89  school  year,  or
14    whenever  after  August  3,  1989  any  school district first
15    levies a tax for operations and maintenance purposes for  any
16    school  year  which  is  within the limit prescribed for that
17    school year by paragraph (3) of Section 17-2 but in excess of
18    the maximum authorized to be levied for such purposes for the
19    immediately preceding school year,  or  whenever  a  backdoor
20    referendum  is  required  under Section 17-2.11, the district
21    shall cause to be published a notice of the proposed tax levy
22    such  resolution  in  at  least  one  newspaper  of   general
23    circulation  or  more  newspapers  published in the district,
24    within  10  days  after  such  levy  is  made.   The   notice
25    publication  of  the resolution shall include a notice of (1)
26    the specific number of voters required  to  sign  a  petition
27    requesting  that the question of the adoption of the tax levy
28    be submitted to the voters of the district; (2) the  time  in
29    which  the  petition  must  be filed; and (3) the date of the
30    prospective referendum.  The district Secretary shall provide
31    a petition  form  to  any  individual  requesting  one.   Any
32    registered  voter  taxpayer  in  such district may, within 30
33    days after such levy is made, file with the Secretary of  the
34    board  of  education  a  petition signed by the voters of the
 
SB22 Engrossed              -19-               LRB9201505NTsb
 1    district equal to 10% or more of the registered voters of the
 2    district requesting the submission to  a  referendum  of  the
 3    following proposition:
 4        "Shall  school  district  No..... be authorized to levy a
 5    tax for  (state  purposes)  (in  excess  of....  but  not  to
 6    exceed....) or (at a rate not to exceed...%) as authorized in
 7    Section....  17-2  of  the School Code?" The secretary of the
 8    board of education  shall  certify  the  proposition  to  the
 9    proper  election authorities for submission to the electorate
10    at a  regular  scheduled  election  in  accordance  with  the
11    general election law.
12        If  a  majority  of  the voters voting on the proposition
13    vote in favor thereof, such increased tax shall thereafter be
14    authorized; if  a  majority  of  the  vote  is  against  such
15    proposition,  the  previous  maximum rate authorized, if any,
16    shall remain in effect until changed by law.
17    (Source: P.A. 86-128; 86-134; 86-1028; 86-1334; 87-767.)

18        (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
19        Sec. 17-2.11. School board power to  levy  a  tax  or  to
20    borrow  money  and  issue  bonds for fire prevention, safety,
21    energy conservation, disabled accessibility, school security,
22    and specified repair purposes. Whenever, as a result  of  any
23    lawful order of any agency, other than a school board, having
24    authority  to  enforce any school building code applicable to
25    any facility that houses students, or any law  or  regulation
26    for the protection and safety of the environment, pursuant to
27    the  Environmental Protection Act, any school district having
28    a population of less than 500,000 inhabitants is required  to
29    alter,   repair,   or  reconstruct  any  school  building  or
30    permanent, fixed equipment; or  whenever  any  such  district
31    determines  that  it  is  necessary  for  energy conservation
32    purposes  that  any  school  building  or  permanent,   fixed
33    equipment  should  be  altered or reconstructed and that such
 
SB22 Engrossed              -20-               LRB9201505NTsb
 1    alterations or reconstruction will be  made  with  funds  not
 2    necessary  for  the  completion  of  approved and recommended
 3    projects contained in any safety survey report or  amendments
 4    thereto authorized by Section 2-3.12 of this Act; or whenever
 5    any  such  district  determines  that  it  is  necessary  for
 6    disabled accessibility purposes and to comply with the school
 7    building code that any school building or equipment should be
 8    altered   or  reconstructed  and  that  such  alterations  or
 9    reconstruction will be made with funds not necessary for  the
10    completion  of approved and recommended projects contained in
11    any safety survey report  or  amendments  thereto  authorized
12    under  Section  2-3.12  of  this  Act;  or  whenever any such
13    district determines that it is necessary for school  security
14    purposes  and the related protection and safety of pupils and
15    school personnel that any school building or property  should
16    be  altered  or  reconstructed  or  that security systems and
17    equipment (including  but  not  limited  to  intercom,  early
18    detection   and   warning,   access  control  and  television
19    monitoring systems) should be purchased  and  installed,  and
20    that   such   alterations,  reconstruction  or  purchase  and
21    installation  of  equipment  will  be  made  with  funds  not
22    necessary for the  completion  of  approved  and  recommended
23    projects  contained  in any safety survey report or amendment
24    thereto authorized by Section 2-3.12 of  this  Act  and  will
25    deter  and  prevent  unauthorized  entry  or  activities upon
26    school property by unknown or dangerous persons, assure early
27    detection and advance warning of any such actual or attempted
28    unauthorized  entry  or  activities  and  help   assure   the
29    continued  safety  of  pupils  and  school  staff if any such
30    unauthorized entry or activity is attempted or occurs; or  if
31    a  school  district  does  not  need  funds  for  other  fire
32    prevention  and  safety projects, including the completion of
33    approved and recommended projects  contained  in  any  safety
34    survey  report  or  amendments  thereto authorized by Section
 
SB22 Engrossed              -21-               LRB9201505NTsb
 1    2-3.12 of this Act, and  it  is  determined  after  a  public
 2    hearing  (which  is preceded by at least one published notice
 3    (i) occurring at least 7 days  prior  to  the  hearing  in  a
 4    newspaper  of  general circulation within the school district
 5    and (ii) setting forth the time,  date,  place,  and  general
 6    subject  matter  of the hearing) that there is a substantial,
 7    immediate, and otherwise unavoidable threat  to  the  health,
 8    safety,  or  welfare  of  pupils  due  to disrepair of school
 9    sidewalks,  playgrounds,  parking   lots,   or   school   bus
10    turnarounds  and  repairs  must  be  made:   then in any such
11    event, such district may, by proper resolution,  levy  a  tax
12    for  the  purpose  of  making  such  alteration,  repair,  or
13    reconstruction,  based  on a survey report by an architect or
14    engineer licensed in the State  of  Illinois,  upon  all  the
15    taxable  property of the district at the value as assessed by
16    the Department of Revenue at a rate not to exceed  0.15%  for
17    elementary  and  high  school  districts  and  0.30% for unit
18    districts .05% per year for a period  sufficient  to  finance
19    such   alterations,  repairs,  or  reconstruction,  upon  the
20    following conditions:
21             (a)  When there are not sufficient  funds  available
22        in  either  the  operations  and  maintenance fund of the
23        district or the fire prevention and safety  fund  of  the
24        district  as  determined  by the district on the basis of
25        regulations adopted by the State Board  of  Education  to
26        make  such alterations, repairs, or reconstruction, or to
27        purchase and install such permanent  fixed  equipment  so
28        ordered  or  determined  as necessary. Appropriate school
29        district records shall be made  available  to  the  State
30        Superintendent  of Education upon request to confirm such
31        insufficiency.
32             (b)  When a certified estimate of  an  architect  or
33        engineer  licensed  in  the State of Illinois stating the
34        estimated amount necessary to make  the  alterations,  or
 
SB22 Engrossed              -22-               LRB9201505NTsb
 1        repairs,  reconstruction  or to purchase and install such
 2        equipment so ordered has been secured  by  the  district,
 3        and  the  estimate  has  been  approved  by  the regional
 4        superintendent of schools,  having  jurisdiction  of  the
 5        district,  and  the  State  Superintendent  of Education.
 6        Approval shall not be  granted  for  any  work  that  has
 7        already  started  without the prior express authorization
 8        of  the  State  Superintendent  of  Education.   If  such
 9        estimate is  not  approved  or  denied  approval  by  the
10        regional  superintendent of schools within 3 months after
11        the date on which it is submitted  to  him  or  her,  the
12        school  board  of  the  district may submit such estimate
13        directly to the State  Superintendent  of  Education  for
14        approval or denial.
15             (c)  Whenever  a  school  district  subject  to  the
16        Property  Tax  Extension  Limitation Law first levies the
17        tax at a rate permitted by this  amendatory  Act  of  the
18        92nd  General  Assembly  but  in  excess  of  its maximum
19        permissible rate for that purpose  immediately  prior  to
20        the  effective  date  of  this amendatory Act of the 92nd
21        General Assembly, the rate increase shall be subject to a
22        backdoor referendum  using  the  procedures  provided  in
23        Section 17-2.2 of this Code.
24        For  purposes  of  this  Section  a  school  district may
25    replace a school  building  or  build  additions  to  replace
26    portions  of  a  building  when  it  is  determined  that the
27    effectuation of the recommendations for the existing building
28    will  cost   more   than   the   replacement   costs.    Such
29    determination  shall  be  based  on a comparison of estimated
30    costs made by an architect or engineer licensed in the  State
31    of   Illinois.    The  new  building  or  addition  shall  be
32    equivalent in area (square feet) and  comparable  in  purpose
33    and  grades  served  and  may  be on the same site or another
34    site.  Such replacement may only be done upon  order  of  the
 
SB22 Engrossed              -23-               LRB9201505NTsb
 1    regional  superintendent  of  schools and the approval of the
 2    State Superintendent of Education.
 3        The filing of a certified copy of the resolution  levying
 4    the  tax when accompanied by the certificates of the regional
 5    superintendent  of  schools  and  State   Superintendent   of
 6    Education  shall  be  the  authority  of  the county clerk to
 7    extend such tax.
 8        The county clerk  of  the  county  in  which  any  school
 9    district levying a tax under the authority of this Section is
10    located,  in  reducing  raised levies, shall not consider any
11    such tax as a part of the general levy  for  school  purposes
12    and shall not include the same in the limitation of any other
13    tax rate which may be extended.
14        Such  tax shall be levied and collected in like manner as
15    all  other  taxes  of  school  districts,  subject   to   the
16    provisions contained in this Section.
17        The  tax  rate  limit  specified  in  this Section may be
18    increased to .10% upon  the  approval  of  a  proposition  to
19    effect  such increase by a majority of the electors voting on
20    that  proposition  at  a  regular  scheduled  election.  Such
21    proposition may be initiated  by  resolution  of  the  school
22    board  and  shall be certified by the secretary to the proper
23    election authorities for submission in  accordance  with  the
24    general election law.
25        When taxes are levied by any school district for the fire
26    prevention,  safety, energy conservation, and school security
27    purposes as specified in this Section, and the  purposes  for
28    which the taxes have been levied are accomplished and paid in
29    full,  and  there remain funds on hand in the Fire Prevention
30    and Safety Fund  from  the  proceeds  of  the  taxes  levied,
31    including  interest  earnings  thereon,  the  school board by
32    resolution shall use such excess and other  board  restricted
33    funds excluding bond proceeds and earnings from such proceeds
34    (1)  for  other  authorized  fire  prevention, safety, energy
 
SB22 Engrossed              -24-               LRB9201505NTsb
 1    conservation,  and  school  security  purposes  or  (2)   for
 2    transfer  to  the  Operations  and  Maintenance  Fund for the
 3    purpose  of  abating  an  equal  amount  of  operations   and
 4    maintenance  purposes  taxes.  If any transfer is made to the
 5    Operation and Maintenance Fund, the secretary of  the  school
 6    board  shall  within  30  days notify the county clerk of the
 7    amount of that transfer and direct the  clerk  to  abate  the
 8    taxes  to  be  extended  for  the  purposes of operations and
 9    maintenance authorized under Section 17-2 of this Act  by  an
10    amount equal to such transfer.
11        If  the  proceeds  from  the  tax levy authorized by this
12    Section are insufficient to complete the work approved  under
13    this  Section,  the  school board is authorized to sell bonds
14    without referendum under the provisions of this Section in an
15    amount that, when added to  the  proceeds  of  the  tax  levy
16    authorized  by  this  Section,  will  allow completion of the
17    approved work, provided that a district that  is  subject  to
18    the  Property  Tax  Extension Limitation Law shall submit the
19    authorization to a backdoor referendum as  provided  in  this
20    Section.   No school district that is subject to the Property
21    Tax Extension Limitation  Law  may  issue  bonds  under  this
22    Section unless it adopts a resolution declaring its intention
23    to  issue  bonds and directs that notice of this intention be
24    published at least once in a newspaper of general circulation
25    in  the  district.   The  notice  shall  set  forth  (i)  the
26    intention of the district to issue bonds in  accordance  with
27    this  Section,  (ii)  the time within which a petition may be
28    filed  requesting  the  submission  to  the  voters  of   the
29    proposition  to issue the bonds, (iii) the specific number of
30    voters required to sign the petition, and (iv)  the  date  of
31    the  prospective  referendum.   At the time of publication of
32    the notice and for 30 days thereafter, the secretary  of  the
33    district  shall  provide  a  petition  form to any individual
34    requesting one.  If within 30 days after  the  publication  a
 
SB22 Engrossed              -25-               LRB9201505NTsb
 1    petition  is filed with the secretary of the district, signed
 2    by the voters of the district equal to 20%  or  more  of  the
 3    registered   voters  of  the  district  requesting  that  the
 4    proposition to issue bonds as authorized by this  Section  be
 5    submitted  to the voters thereof, then the district shall not
 6    be authorized to issue the bonds until  the  proposition  has
 7    been  certified  to  the  proper election authorities and has
 8    been submitted to and approved by a majority  of  the  voters
 9    voting  on the proposition at a regular scheduled election in
10    accordance  with  the  general  election  law.   If  no  such
11    petition is filed, or if any  and  all  petitions  filed  are
12    invalid, the district may issue the bonds.
13        Such  bonds  shall  bear interest at a rate not to exceed
14    the maximum rate authorized by law at the time of the  making
15    of  the contract, shall mature within 20 years from date, and
16    shall be signed by the president of the school board and  the
17    treasurer of the school district. Such bonds issued after the
18    effective  date  of  this  amendatory Act of the 92nd General
19    Assembly and any bonds issued to  refund  such  bonds  issued
20    after  the  effective date of this amendatory Act of the 92nd
21    General Assembly shall not be considered debt for purposes of
22    any statutory debt limitation.
23        In order to authorize and issue such  bonds,  the  school
24    board  shall  adopt  a resolution fixing the amount of bonds,
25    the date thereof, the maturities thereof, rates  of  interest
26    thereof, place of payment and denomination, which shall be in
27    denominations of not less than $100 and not more than $5,000,
28    and  provide  for  the levy and collection of a direct annual
29    tax upon all the taxable  property  in  the  school  district
30    sufficient to pay the principal and interest on such bonds to
31    maturity.   Upon the filing in the office of the county clerk
32    of the county in which the school district is  located  of  a
33    certified  copy  of  the  resolution,  it  is the duty of the
34    county clerk to extend the tax therefor in addition to and in
 
SB22 Engrossed              -26-               LRB9201505NTsb
 1    excess of all other taxes heretofore or hereafter  authorized
 2    to be levied by such school district.
 3        After  the  time such bonds are issued as provided for by
 4    this  Section,  if  additional   alterations,   repairs,   or
 5    reconstructions  are  required  to be made because of surveys
 6    conducted by an architect or engineer licensed in  the  State
 7    of  Illinois,  the  district  may levy a tax at a rate not to
 8    exceed the rate permitted by this Section .05% per year  upon
 9    all  the taxable property of the district or issue additional
10    bonds, whichever action shall be the most feasible.
11        This  Section  is  cumulative  and  constitutes  complete
12    authority for the issuance  of  bonds  as  provided  in  this
13    Section  notwithstanding  any  other  statute  or  law to the
14    contrary.
15        With respect to instruments  for  the  payment  of  money
16    issued  under  this  Section  either before, on, or after the
17    effective date of Public Act 86-004 (June 6,  1989),  it  is,
18    and  always  has  been, the intention of the General Assembly
19    (i) that the Omnibus Bond Acts are,  and  always  have  been,
20    supplementary   grants  of  power  to  issue  instruments  in
21    accordance with the Omnibus  Bond  Acts,  regardless  of  any
22    provision  of  this Act that may appear to be or to have been
23    more restrictive than those Acts, (ii) that the provisions of
24    this Section  are  not  a  limitation  on  the  supplementary
25    authority  granted  by  the Omnibus Bond Acts, and (iii) that
26    instruments   issued   under   this   Section   within    the
27    supplementary  authority granted by the Omnibus Bond Acts are
28    not invalid because of any provision of  this  Act  that  may
29    appear  to  be  or  to  have been more restrictive than those
30    Acts.
31        When the purposes for which the  bonds  are  issued  have
32    been accomplished and paid for in full and there remain funds
33    on  hand  from  the  proceeds  of  the bond sale and interest
34    earnings therefrom, the board shall, by resolution, use  such
 
SB22 Engrossed              -27-               LRB9201505NTsb
 1    excess  funds  in  accordance  with the provisions of Section
 2    10-22.14 of this Act.
 3        Whenever any tax is levied or  bonds  issued  under  this
 4    Section,    the   for   fire   prevention,   safety,   energy
 5    conservation, and school  security  purposes,  such  proceeds
 6    shall  be  deposited  and accounted for separately within the
 7    Fire Prevention and Safety Fund.
 8    (Source: P.A. 88-251; 88-508; 88-628,  eff.  9-9-94;  88-670,
 9    eff. 12-2-94; 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)

10        (105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
11        Sec. 19-1.  Debt limitations of school districts.
12        (a)  School   districts  shall  not  be  subject  to  the
13    provisions limiting  their  indebtedness  prescribed  in  the
14    Local  Government  Debt  Limitation  Act "An Act to limit the
15    indebtedness of counties having a  population  of  less  than
16    500,000  and  townships, school districts and other municipal
17    corporations having  a  population  of  less  than  300,000",
18    approved February 15, 1928, as amended.
19        No  school  districts maintaining grades K through 8 or 9
20    through 12 shall become indebted in any  manner  or  for  any
21    purpose to an amount, including existing indebtedness, in the
22    aggregate  exceeding  9.0%  of 6.9% on the equalized assessed
23    value of the taxable property therein to  be  ascertained  by
24    the  last  assessment  for  State  and county taxes or, until
25    January 1, 1983, if greater, the  sum  that  is  produced  by
26    multiplying  the  school  district's  1978 equalized assessed
27    valuation by the debt  limitation  percentage  in  effect  on
28    January   1,   1979,   previous  to  the  incurring  of  such
29    indebtedness.
30        No school districts maintaining grades K through 12 shall
31    become indebted in any  manner  or  for  any  purpose  to  an
32    amount,  including  existing  indebtedness,  in the aggregate
33    exceeding 18.0% of 13.8% on the equalized assessed  value  of
 
SB22 Engrossed              -28-               LRB9201505NTsb
 1    the  taxable  property  therein to be ascertained by the last
 2    assessment for State and county taxes or,  until  January  1,
 3    1983, if greater, the sum that is produced by multiplying the
 4    school  district's  1978  equalized assessed valuation by the
 5    debt limitation percentage in  effect  on  January  1,  1979,
 6    previous to the incurring of such indebtedness.
 7        Notwithstanding  the  provisions  of any other law to the
 8    contrary, in any  case  in  which  the  voters  of  a  school
 9    district  have  approved  a  proposition  for the issuance of
10    bonds of such school district at an election  held  prior  to
11    January  1,  1979,  and  all  of  the  bonds approved at such
12    election have not been issued, the debt limitation applicable
13    to such school district during the calendar year  1979  shall
14    be  computed  by  multiplying  the  value of taxable property
15    therein, including personal property, as ascertained  by  the
16    last  assessment  for State and county taxes, previous to the
17    incurring of such indebtedness, by the percentage  limitation
18    applicable  to  such  school district under the provisions of
19    this subsection (a).
20        (b)  Notwithstanding the debt  limitation  prescribed  in
21    subsection  (a)  of this Section, additional indebtedness may
22    be incurred in an amount not to exceed the estimated cost  of
23    acquiring  or  improving  school  sites  or  constructing and
24    equipping additional building facilities under the  following
25    conditions:
26             (1)  Whenever  the  enrollment  of  students for the
27        next school year is estimated by the board  of  education
28        to  increase  over  the  actual present enrollment by not
29        less than 35% or by not less than  200  students  or  the
30        actual  present enrollment of students has increased over
31        the previous school year by not less than 35% or  by  not
32        less  than  200  students  and  the  board  of  education
33        determines  that  additional  school  sites  or  building
34        facilities  are  required as a result of such increase in
 
SB22 Engrossed              -29-               LRB9201505NTsb
 1        enrollment; and
 2             (2)  When the  Regional  Superintendent  of  Schools
 3        having  jurisdiction  over  the  school  district and the
 4        State  Superintendent  of  Education   concur   in   such
 5        enrollment  projection  or  increase and approve the need
 6        for such additional school sites or  building  facilities
 7        and the estimated cost thereof; and
 8             (3)  When  the voters in the school district approve
 9        a proposition for the issuance of bonds for  the  purpose
10        of  acquiring  or  improving  such needed school sites or
11        constructing  and  equipping   such   needed   additional
12        building  facilities  at  an election called and held for
13        that purpose. Notice of such an election shall state that
14        the amount of indebtedness proposed to be incurred  would
15        exceed  the  debt  limitation otherwise applicable to the
16        school district.  The ballot for such  proposition  shall
17        state what percentage of the equalized assessed valuation
18        will  be outstanding in bonds if the proposed issuance of
19        bonds is approved by the voters; or
20             (4)  Notwithstanding the  provisions  of  paragraphs
21        (1)  through  (3)  of  this subsection (b), if the school
22        board determines that additional facilities are needed to
23        provide a quality educational program and not  less  than
24        2/3  of  those voting in an election called by the school
25        board on the question approve the issuance of  bonds  for
26        the  construction of such facilities, the school district
27        may issue bonds for this purpose; or
28             (5)  Notwithstanding the  provisions  of  paragraphs
29        (1) through (3) of this subsection (b), if (i) the school
30        district  has previously availed itself of the provisions
31        of paragraph (4) of this subsection (b) to enable  it  to
32        issue  bonds, (ii) the voters of the school district have
33        not defeated a proposition  for  the  issuance  of  bonds
34        since  the  referendum described in paragraph (4) of this
 
SB22 Engrossed              -30-               LRB9201505NTsb
 1        subsection  (b)  was  held,  (iii)   the   school   board
 2        determines  that  additional  facilities  are  needed  to
 3        provide   a  quality  educational  program,  and  (iv)  a
 4        majority of those voting in an  election  called  by  the
 5        school  board  on  the  question  approve the issuance of
 6        bonds for the construction of such facilities, the school
 7        district may issue bonds for this purpose.
 8        In no event shall the indebtedness incurred  pursuant  to
 9    this  subsection  (b)  and  the  existing indebtedness of the
10    school district exceed 20%  15%  of  the  equalized  assessed
11    value  of  the  taxable property therein to be ascertained by
12    the last assessment for State and county taxes,  previous  to
13    the incurring of such indebtedness or, until January 1, 1983,
14    if  greater,  the  sum  that  is  produced by multiplying the
15    school district's 1978 equalized assessed  valuation  by  the
16    debt limitation percentage in effect on January 1, 1979.
17        The  indebtedness  provided  for  by  this subsection (b)
18    shall be in addition to and  in  excess  of  any  other  debt
19    limitation.
20        (c)  Notwithstanding  the  debt  limitation prescribed in
21    subsection (a) of this Section, in any case in which a public
22    question for the issuance  of  bonds  of  a  proposed  school
23    district  maintaining grades kindergarten through 12 received
24    at least 60% of the valid ballots cast on the question at  an
25    election  held  on or prior to November 8, 1994, and in which
26    the bonds approved at such election have not been issued, the
27    school district  pursuant  to  the  requirements  of  Section
28    11A-10  may  issue the total amount of bonds approved at such
29    election for the purpose stated in the question.
30        (d)  Notwithstanding the debt  limitation  prescribed  in
31    subsection  (a) of this Section, a school district that meets
32    all the criteria set forth in paragraphs (1) and (2) of  this
33    subsection  (d)  may  incur  an additional indebtedness in an
34    amount not to exceed $4,500,000, even though  the  amount  of
 
SB22 Engrossed              -31-               LRB9201505NTsb
 1    the  additional  indebtedness  authorized  by this subsection
 2    (d), when incurred and  added  to  the  aggregate  amount  of
 3    indebtedness  of  the  district existing immediately prior to
 4    the district incurring the additional indebtedness authorized
 5    by this subsection (d), causes the aggregate indebtedness  of
 6    the   district   to  exceed  the  debt  limitation  otherwise
 7    applicable to that district under subsection (a):
 8             (1)  The additional indebtedness authorized by  this
 9        subsection (d) is incurred by the school district through
10        the  issuance  of  bonds  under  and  in  accordance with
11        Section 17-2.11a for the purpose of  replacing  a  school
12        building  which,  because  of mine subsidence damage, has
13        been  closed  as  provided  in  paragraph  (2)  of   this
14        subsection (d) or through the issuance of bonds under and
15        in  accordance  with  Section  19-3  for  the  purpose of
16        increasing the  size  of,  or  providing  for  additional
17        functions  in, such replacement school buildings, or both
18        such purposes.
19             (2)  The bonds issued  by  the  school  district  as
20        provided  in  paragraph  (1)  above  are  issued  for the
21        purposes of construction by the school district of a  new
22        school  building  pursuant to Section 17-2.11, to replace
23        an  existing  school  building  that,  because  of   mine
24        subsidence damage, is closed as of the end of the 1992-93
25        school   year   pursuant   to   action  of  the  regional
26        superintendent of  schools  of  the  educational  service
27        region  in  which  the  district is located under Section
28        3-14.22 or are issued for the purpose of  increasing  the
29        size  of,  or  providing for additional functions in, the
30        new school building being constructed to replace a school
31        building closed as the result of mine subsidence  damage,
32        or both such purposes.
33        (e)  Notwithstanding  the  debt  limitation prescribed in
34    subsection (a) of this Section, a school district that  meets
 
SB22 Engrossed              -32-               LRB9201505NTsb
 1    all  the  criteria set forth in paragraphs (1) through (5) of
 2    this  subsection  (e)  may,  without  referendum,  incur   an
 3    additional indebtedness in an amount not to exceed the lesser
 4    of  $5,000,000 or 1.5% of the equalized assessed value of the
 5    taxable property within the district even though  the  amount
 6    of  the additional indebtedness authorized by this subsection
 7    (e), when incurred and  added  to  the  aggregate  amount  of
 8    indebtedness  of  the  district existing immediately prior to
 9    the district incurring that additional  indebtedness,  causes
10    the  aggregate  indebtedness  of  the  district  to exceed or
11    increases the amount by which the aggregate  indebtedness  of
12    the  district  already  exceeds the debt limitation otherwise
13    applicable to that district under subsection (a):
14             (1)  The State  Board  of  Education  certifies  the
15        school  district  under  Section  19-1.5 as a financially
16        distressed district.
17             (2)  The additional indebtedness authorized by  this
18        subsection  (e) is incurred by the financially distressed
19        district during the school year or school years in  which
20        the  certification  of  the  district  as  a  financially
21        distressed  district  continues  in  effect  through  the
22        issuance  of  bonds for the lawful school purposes of the
23        district, pursuant to resolution of the school board  and
24        without  referendum, as provided in paragraph (5) of this
25        subsection.
26             (3)  The aggregate amount of  bonds  issued  by  the
27        financially  distressed  district during a fiscal year in
28        which  it  is  authorized  to  issue  bonds  under   this
29        subsection  does  not  exceed  the  amount  by  which the
30        aggregate expenditures of the  district  for  operational
31        purposes  during  the  immediately  preceding fiscal year
32        exceeds  the  amount  appropriated  for  the  operational
33        purposes of the district  in  the  annual  school  budget
34        adopted  by  the  school  board  of  the district for the
 
SB22 Engrossed              -33-               LRB9201505NTsb
 1        fiscal year in which the bonds are issued.
 2             (4)  Throughout   each   fiscal   year   in    which
 3        certification of the district as a financially distressed
 4        district  continues  in effect, the district maintains in
 5        effect a gross salary  expense  and  gross  wage  expense
 6        freeze  policy  under which the district expenditures for
 7        total employee salaries and  wages  do  not  exceed  such
 8        expenditures  for  the immediately preceding fiscal year.
 9        Nothing in this paragraph, however, shall  be  deemed  to
10        impair  or  to  require  impairment  of  the  contractual
11        obligations,  including collective bargaining agreements,
12        of the district or to impair or require the impairment of
13        the vested rights of any employee of the  district  under
14        the  terms  of any contract or agreement in effect on the
15        effective date of this amendatory Act of 1994.
16             (5)  Bonds  issued  by  the  financially  distressed
17        district under this subsection shall bear interest  at  a
18        rate  not to exceed the maximum rate authorized by law at
19        the time of the making  of  the  contract,  shall  mature
20        within  40  years  from their date of issue, and shall be
21        signed by the president of the school board and treasurer
22        of the school district.  In order to  issue  bonds  under
23        this   subsection,   the   school  board  shall  adopt  a
24        resolution fixing the amount of the bonds,  the  date  of
25        the  bonds,  the  maturities  of  the bonds, the rates of
26        interest of the bonds, and their  place  of  payment  and
27        denomination,   and   shall  provide  for  the  levy  and
28        collection of a direct annual tax upon  all  the  taxable
29        property  in the district sufficient to pay the principal
30        and interest on the bonds to maturity.  Upon  the  filing
31        in  the office of the county clerk of the county in which
32        the financially  distressed  district  is  located  of  a
33        certified  copy  of the resolution, it is the duty of the
34        county clerk to extend the tax therefor  in  addition  to
 
SB22 Engrossed              -34-               LRB9201505NTsb
 1        and  in  excess of all other taxes at any time authorized
 2        to be levied by the district.  If bond proceeds from  the
 3        sale of bonds include a premium or if the proceeds of the
 4        bonds are invested as authorized by law, the school board
 5        shall determine by resolution whether the interest earned
 6        on  the  investment  of  bond  proceeds  or  the  premium
 7        realized  on  the sale of the bonds is to be used for any
 8        of the lawful school purposes for which  the  bonds  were
 9        issued  or  for the payment of the principal indebtedness
10        and interest on the bonds.  The proceeds of the bond sale
11        shall be deposited in the educational  purposes  fund  of
12        the  district  and  shall  be  used  to  pay  operational
13        expenses  of the district.  This subsection is cumulative
14        and constitutes complete authority for  the  issuance  of
15        bonds as provided in this subsection, notwithstanding any
16        other law to the contrary.
17        (f)  Notwithstanding  the provisions of subsection (a) of
18    this Section or of any other law, bonds in not to exceed  the
19    aggregate  amount  of  $5,500,000  and  issued  by  a  school
20    district   meeting   the  following  criteria  shall  not  be
21    considered  indebtedness  for  purposes  of   any   statutory
22    limitation  and  may  be  issued  in  an  amount  or amounts,
23    including existing indebtedness, in excess of any  heretofore
24    or hereafter imposed statutory limitation as to indebtedness:
25             (1)  At  the  time  of  the  sale of such bonds, the
26        board of education of the district shall have  determined
27        by  resolution  that  the  enrollment  of students in the
28        district is projected to increase by  not  less  than  7%
29        during each of the next succeeding 2 school years.
30             (2)  The  board of education shall also determine by
31        resolution that the improvements to be financed with  the
32        proceeds of the bonds are needed because of the projected
33        enrollment increases.
34             (3)  The  board of education shall also determine by
 
SB22 Engrossed              -35-               LRB9201505NTsb
 1        resolution that the projected increases in enrollment are
 2        the result of improvements made or expected to be made to
 3        passenger rail facilities located in the school district.
 4        (g)  Notwithstanding the provisions of subsection (a)  of
 5    this  Section  or  any  other  law, bonds in not to exceed an
 6    aggregate amount of 25% of the equalized  assessed  value  of
 7    the  taxable  property  of  a school district and issued by a
 8    school  district  meeting  the  criteria  in  paragraphs  (i)
 9    through (iv) of  this  subsection  shall  not  be  considered
10    indebtedness for purposes of any statutory limitation and may
11    be  issued  pursuant  to resolution of the school board in an
12    amount or amounts, including existing indebtedness, in excess
13    of any statutory limitation  of  indebtedness  heretofore  or
14    hereafter imposed:
15             (i)  The   bonds  are  issued  for  the  purpose  of
16        constructing a new high school building  to  replace  two
17        adjacent existing buildings which together house a single
18        high school, each of which is more than 65 years old, and
19        which together are located on more than 10 acres and less
20        than 11 acres of property.
21             (ii)  At  the  time  the  resolution authorizing the
22        issuance  of  the  bonds  is   adopted,   the   cost   of
23        constructing   a  new  school  building  to  replace  the
24        existing school building is less than 60% of the cost  of
25        repairing the existing school building.
26             (iii)  The  sale  of the bonds occurs before July 1,
27        1997.
28             (iv)  The school district issuing  the  bonds  is  a
29        unit  school  district  located  in a county of less than
30        70,000 and more than 50,000  inhabitants,  which  has  an
31        average  daily  attendance  of  less  than  1,500  and an
32        equalized assessed valuation of less than $29,000,000.
33        (h)  Notwithstanding any other provisions of this Section
34    or the provisions of any other law, until January 1, 1998,  a
 
SB22 Engrossed              -36-               LRB9201505NTsb
 1    community  unit  school district maintaining grades K through
 2    12 may issue  bonds  up  to  an  amount,  including  existing
 3    indebtedness,  not  exceeding 27.6% of the equalized assessed
 4    value of the taxable property in the district, if all of  the
 5    following conditions are met:
 6             (i)  The  school  district has an equalized assessed
 7        valuation  for  calendar   year   1995   of   less   than
 8        $24,000,000;
 9             (ii)  The   bonds   are   issued   for  the  capital
10        improvement, renovation, rehabilitation,  or  replacement
11        of  existing  school  buildings  of  the district, all of
12        which buildings were originally constructed not less than
13        40 years ago;
14             (iii)  The  voters  of  the   district   approve   a
15        proposition for the issuance of the bonds at a referendum
16        held after March 19, 1996; and
17             (iv)  The bonds are issued pursuant to Sections 19-2
18        through 19-7 of this Code.
19        (i)  Notwithstanding any other provisions of this Section
20    or  the provisions of any other law, until January 1, 1998, a
21    community unit school district maintaining grades  K  through
22    12  may  issue  bonds  up  to  an  amount, including existing
23    indebtedness, not exceeding 27%  of  the  equalized  assessed
24    value  of the taxable property in the district, if all of the
25    following conditions are met:
26             (i)  The school district has an  equalized  assessed
27        valuation   for   calendar   year   1995   of  less  than
28        $44,600,000;
29             (ii)  The  bonds  are   issued   for   the   capital
30        improvement,  renovation,  rehabilitation, or replacement
31        of existing school buildings  of  the  district,  all  of
32        which  existing buildings were originally constructed not
33        less than 80 years ago;
34             (iii)  The  voters  of  the   district   approve   a
 
SB22 Engrossed              -37-               LRB9201505NTsb
 1        proposition for the issuance of the bonds at a referendum
 2        held after December 31, 1996; and
 3             (iv)  The bonds are issued pursuant to Sections 19-2
 4        through 19-7 of this Code.
 5        (j)  Notwithstanding any other provisions of this Section
 6    or  the provisions of any other law, until January 1, 1999, a
 7    community unit school district maintaining grades  K  through
 8    12  may  issue  bonds  up  to  an  amount, including existing
 9    indebtedness, not exceeding 27%  of  the  equalized  assessed
10    value  of  the taxable property in the district if all of the
11    following conditions are met:
12             (i)  The school district has an  equalized  assessed
13        valuation   for   calendar   year   1995   of  less  than
14        $140,000,000 and a best 3 months average daily attendance
15        for the 1995-96 school year of at least 2,800;
16             (ii)  The bonds are issued to purchase  a  site  and
17        build  and  equip  a  new  high  school,  and  the school
18        district's   existing   high   school   was    originally
19        constructed  not  less than 35 years prior to the sale of
20        the bonds;
21             (iii)  At the time of the sale  of  the  bonds,  the
22        board  of  education  determines by resolution that a new
23        high school is needed  because  of  projected  enrollment
24        increases;
25             (iv)  At  least  60%  of those voting in an election
26        held after December 31, 1996 approve  a  proposition  for
27        the issuance of the bonds; and
28             (v)  The  bonds are issued pursuant to Sections 19-2
29        through 19-7 of this Code.
30        (k)  Notwithstanding the debt  limitation  prescribed  in
31    subsection  (a) of this Section, a school district that meets
32    all the criteria set forth in paragraphs (1) through  (4)  of
33    this  subsection  (k)  may issue bonds to incur an additional
34    indebtedness in an  amount  not  to  exceed  $4,000,000  even
 
SB22 Engrossed              -38-               LRB9201505NTsb
 1    though  the  amount of the additional indebtedness authorized
 2    by this subsection  (k),  when  incurred  and  added  to  the
 3    aggregate  amount  of  indebtedness  of  the  school district
 4    existing immediately prior to the school  district  incurring
 5    such    additional   indebtedness,   causes   the   aggregate
 6    indebtedness of the school district to  exceed  or  increases
 7    the  amount  by  which  the  aggregate  indebtedness  of  the
 8    district   already  exceeds  the  debt  limitation  otherwise
 9    applicable to that school district under subsection (a):
10             (1)  the school district is located in  2  counties,
11        and a referendum to authorize the additional indebtedness
12        was  approved  by  a majority of the voters of the school
13        district voting on  the  proposition  to  authorize  that
14        indebtedness;
15             (2)  the  additional indebtedness is for the purpose
16        of  financing  a  multi-purpose  room  addition  to   the
17        existing high school;
18             (3)  the  additional indebtedness, together with the
19        existing indebtedness of the school district,  shall  not
20        exceed  17.4% of the value of the taxable property in the
21        school district, to be ascertained by the last assessment
22        for State and county taxes; and
23             (4)  the    bonds    evidencing    the    additional
24        indebtedness are issued, if at all, within  120  days  of
25        the effective date of this amendatory Act of 1998.
26        (l)  Notwithstanding any other provisions of this Section
27    or  the provisions of any other law, until January 1, 2000, a
28    school district maintaining grades kindergarten through 8 may
29    issue bonds up to an amount, including existing indebtedness,
30    not exceeding 15% of the  equalized  assessed  value  of  the
31    taxable  property  in  the  district  if all of the following
32    conditions are met:
33             (i)  the  district   has   an   equalized   assessed
34        valuation   for   calendar   year   1996   of  less  than
 
SB22 Engrossed              -39-               LRB9201505NTsb
 1        $10,000,000;
 2             (ii)  the bonds are issued for capital  improvement,
 3        renovation, rehabilitation, or replacement of one or more
 4        school  buildings  of  the district, which buildings were
 5        originally constructed not less than 70 years ago;
 6             (iii)  the  voters  of  the   district   approve   a
 7        proposition for the issuance of the bonds at a referendum
 8        held on or after March 17, 1998; and
 9             (iv)  the bonds are issued pursuant to Sections 19-2
10        through 19-7 of this Code.
11        (m)  Notwithstanding any other provisions of this Section
12    or the provisions of any other law, until January 1, 1999, an
13    elementary school district maintaining grades K through 8 may
14    issue bonds up to an amount, excluding existing indebtedness,
15    not  exceeding  18%  of  the  equalized assessed value of the
16    taxable property in the district, if  all  of  the  following
17    conditions are met:
18             (i)  The  school  district has an equalized assessed
19        valuation for calendar year 1995 or less than $7,700,000;
20             (ii)  The  school  district  operates  2  elementary
21        attendance centers that until 1976 were operated  as  the
22        attendance  centers  of  2  separate  and distinct school
23        districts;
24             (iii)  The bonds are issued for the construction  of
25        a  new  elementary school building to replace an existing
26        multi-level elementary  school  building  of  the  school
27        district that is not handicapped accessible at all levels
28        and  parts  of  which were constructed more than 75 years
29        ago;
30             (iv)  The voters of the school  district  approve  a
31        proposition for the issuance of the bonds at a referendum
32        held after July 1, 1998; and
33             (v)  The  bonds are issued pursuant to Sections 19-2
34        through 19-7 of this Code.
 
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 1        (n)  Notwithstanding the debt  limitation  prescribed  in
 2    subsection  (a)  of  this  Section or any other provisions of
 3    this Section or of any other  law,  a  school  district  that
 4    meets all of the criteria set forth in paragraphs (i) through
 5    (vi) of this subsection (n) may incur additional indebtedness
 6    by  the  issuance  of  bonds  in  an amount not exceeding the
 7    amount certified by the  Capital  Development  Board  to  the
 8    school  district  as  provided  in  paragraph  (iii)  of this
 9    subsection (n), even though  the  amount  of  the  additional
10    indebtedness  so  authorized,  when incurred and added to the
11    aggregate amount of indebtedness  of  the  district  existing
12    immediately  prior  to  the district incurring the additional
13    indebtedness authorized by this subsection  (n),  causes  the
14    aggregate  indebtedness  of  the  district to exceed the debt
15    limitation otherwise applicable by law to that district:
16             (i)  The school district applies to the State  Board
17        of  Education for a school construction project grant and
18        submits a district facilities  plan  in  support  of  its
19        application  pursuant  to  Section  5-20  of  the  School
20        Construction Law.
21             (ii)  The    school   district's   application   and
22        facilities  plan  are  approved  by,  and  the   district
23        receives  a  grant  entitlement for a school construction
24        project issued by, the State Board of Education under the
25        School Construction Law.
26             (iii)  The school district has exhausted its bonding
27        capacity or the unused bonding capacity of  the  district
28        is   less  than  the  amount  certified  by  the  Capital
29        Development Board to the district under Section  5-15  of
30        the  School  Construction Law as the dollar amount of the
31        school construction project's cost that the district will
32        be required to finance with non-grant funds in  order  to
33        receive  a  school  construction  project grant under the
34        School Construction Law.
 
SB22 Engrossed              -41-               LRB9201505NTsb
 1             (iv)  The   bonds   are   issued   for   a   "school
 2        construction project", as that term is defined in Section
 3        5-5 of the School Construction Law,  in  an  amount  that
 4        does  not exceed the dollar amount certified, as provided
 5        in paragraph (iii) of this subsection (n), by the Capital
 6        Development Board to the school  district  under  Section
 7        5-15 of the School Construction Law.
 8             (v)  The   voters   of   the   district   approve  a
 9        proposition for the issuance of the bonds at a referendum
10        held after the criteria specified in paragraphs  (i)  and
11        (iii) of this subsection (n) are met.
12             (vi)  The bonds are issued pursuant to Sections 19-2
13        through 19-7 of the School Code.
14    (Source: P.A.  90-570,  eff.  1-28-98;  90-757, eff. 8-14-98;
15    91-55, eff. 6-30-99.)

16        Section 99.  Effective date.  This Act takes effect  upon
17    becoming law.
 
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 1                                INDEX
 2               Statutes amended in order of appearance
 3    35 ILCS 200/18-185
 4    35 ILCS 200/18-201 new
 5    35 ILCS 200/18-200 rep.
 6    105 ILCS 5/2-3.12         from Ch. 122, par. 2-3.12
 7    105 ILCS 5/10-22.14       from Ch. 122, par. 10-22.14
 8    105 ILCS 5/17-2.2         from Ch. 122, par. 17-2.2
 9    105 ILCS 5/17-2.11        from Ch. 122, par. 17-2.11
10    105 ILCS 5/19-1           from Ch. 122, par. 19-1

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