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Public Act 103-0591 |
HB4582 Enrolled | LRB103 35517 HLH 65589 b |
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AN ACT concerning finance. |
Be it enacted by the People of the State of Illinois, |
represented in the General Assembly: |
Article 1. |
Section 1-1. This Act may be referred to as the Bond |
Authorization Act of 2024. |
Article 5. |
Section 5-5. The State Finance Act is amended by changing |
Section 6z-78 as follows: |
(30 ILCS 105/6z-78) |
Sec. 6z-78. Capital Projects Fund; bonded indebtedness; |
transfers. Money in the Capital Projects Fund shall, if and |
when the State of Illinois incurs any bonded indebtedness |
using the bond authorizations for capital projects enacted in |
Public Act 96-36, Public Act 96-1554, Public Act 97-771, |
Public Act 98-94, and this amendatory Act of the 103rd General |
Assembly and using the general obligation bond authorizations |
for capital projects enacted in Public Act 101-30 and Public |
Act 103-7 and in this amendatory Act of the 103rd General |
Assembly , be set aside and used for the purpose of paying and |
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discharging annually the principal and interest on that bonded |
indebtedness then due and payable. |
In addition to other transfers to the General Obligation |
Bond Retirement and Interest Fund made pursuant to Section 15 |
of the General Obligation Bond Act, upon each delivery of |
general obligation bonds for capital projects using bond |
authorizations enacted in Public Act 96-36, Public Act |
96-1554, Public Act 97-771, Public Act 98-94, Public Act |
101-30 (except for amounts in Public Act 101-30 that increase |
bond authorization under paragraph (1) of subsection (a) of |
Section 4 and subsection (e) of Section 4 of the General |
Obligation Bond Act), Public Act 103-7, and this amendatory |
Act of the 103rd General Assembly and this amendatory Act of |
the 103rd General Assembly , the State Comptroller shall |
compute and certify to the State Treasurer the total amount of |
principal of, interest on, and premium, if any, on such bonds |
during the then current and each succeeding fiscal year. With |
respect to the interest payable on variable rate bonds, such |
certifications shall be calculated at the maximum rate of |
interest that may be payable during the fiscal year, after |
taking into account any credits permitted in the related |
indenture or other instrument against the amount of such |
interest required to be appropriated for the period. |
(a) Except as provided for in subsection (b), on or before |
the last day of each month, the State Treasurer and State |
Comptroller shall transfer from the Capital Projects Fund to |
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the General Obligation Bond Retirement and Interest Fund an |
amount sufficient to pay the aggregate of the principal of, |
interest on, and premium, if any, on the bonds payable on their |
next payment date, divided by the number of monthly transfers |
occurring between the last previous payment date (or the |
delivery date if no payment date has yet occurred) and the next |
succeeding payment date. Interest payable on variable rate |
bonds shall be calculated at the maximum rate of interest that |
may be payable for the relevant period, after taking into |
account any credits permitted in the related indenture or |
other instrument against the amount of such interest required |
to be appropriated for that period. Interest for which moneys |
have already been deposited into the capitalized interest |
account within the General Obligation Bond Retirement and |
Interest Fund shall not be included in the calculation of the |
amounts to be transferred under this subsection. |
(b) On or before the last day of each month, the State |
Treasurer and State Comptroller shall transfer from the |
Capital Projects Fund to the General Obligation Bond |
Retirement and Interest Fund an amount sufficient to pay the |
aggregate of the principal of, interest on, and premium, if |
any, on the bonds issued prior to January 1, 2012 pursuant to |
Section 4(d) of the General Obligation Bond Act payable on |
their next payment date, divided by the number of monthly |
transfers occurring between the last previous payment date (or |
the delivery date if no payment date has yet occurred) and the |
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next succeeding payment date. If the available balance in the |
Capital Projects Fund is not sufficient for the transfer |
required in this subsection, the State Treasurer and State |
Comptroller shall transfer the difference from the Road Fund |
to the General Obligation Bond Retirement and Interest Fund; |
except that such Road Fund transfers shall constitute a debt |
of the Capital Projects Fund which shall be repaid according |
to subsection (c). Interest payable on variable rate bonds |
shall be calculated at the maximum rate of interest that may be |
payable for the relevant period, after taking into account any |
credits permitted in the related indenture or other instrument |
against the amount of such interest required to be |
appropriated for that period. Interest for which moneys have |
already been deposited into the capitalized interest account |
within the General Obligation Bond Retirement and Interest |
Fund shall not be included in the calculation of the amounts to |
be transferred under this subsection. |
(c) On the first day of any month when the Capital Projects |
Fund is carrying a debt to the Road Fund due to the provisions |
of subsection (b), the State Treasurer and State Comptroller |
shall transfer from the Capital Projects Fund to the Road Fund |
an amount sufficient to discharge that debt. These transfers |
to the Road Fund shall continue until the Capital Projects |
Fund has repaid to the Road Fund all transfers made from the |
Road Fund pursuant to subsection (b). Notwithstanding any |
other law to the contrary, transfers to the Road Fund from the |
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Capital Projects Fund shall be made prior to any other |
expenditures or transfers out of the Capital Projects Fund. |
(Source: P.A. 103-7, eff. 7-1-23.) |
Article 10. |
Section 10-5. The General Obligation Bond Act is amended |
by changing Sections 2, 3, and 9 as follows: |
(30 ILCS 330/2) (from Ch. 127, par. 652) |
Sec. 2. Authorization for Bonds. The State of Illinois is |
authorized to issue, sell and provide for the retirement of |
General Obligation Bonds of the State of Illinois for the |
categories and specific purposes expressed in Sections 2 |
through 8 of this Act, in the total amount of $81,789,839,969 |
$79,440,839,969 . |
The bonds authorized in this Section 2 and in Section 16 of |
this Act are herein called "Bonds". |
Of the total amount of Bonds authorized in this Act, up to |
$2,200,000,000 in aggregate original principal amount may be |
issued and sold in accordance with the Baccalaureate Savings |
Act in the form of General Obligation College Savings Bonds. |
Of the total amount of Bonds authorized in this Act, up to |
$300,000,000 in aggregate original principal amount may be |
issued and sold in accordance with the Retirement Savings Act |
in the form of General Obligation Retirement Savings Bonds. |
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Of the total amount of Bonds authorized in this Act, the |
additional $10,000,000,000 authorized by Public Act 93-2, the |
$3,466,000,000 authorized by Public Act 96-43, and the |
$4,096,348,300 authorized by Public Act 96-1497 shall be used |
solely as provided in Section 7.2. |
Of the total amount of Bonds authorized in this Act, the |
additional $6,000,000,000 authorized by Public Act 100-23 |
shall be used solely as provided in Section 7.6 and shall be |
issued by December 31, 2017. |
Of the total amount of Bonds authorized in this Act, |
$2,000,000,000 of the additional amount authorized by Public |
Act 100-587 and by Public Act 102-718 shall be used solely as |
provided in Section 7.7. |
The issuance and sale of Bonds pursuant to the General |
Obligation Bond Act is an economical and efficient method of |
financing the long-term capital needs of the State. This Act |
will permit the issuance of a multi-purpose General Obligation |
Bond with uniform terms and features. This will not only lower |
the cost of registration but also reduce the overall cost of |
issuing debt by improving the marketability of Illinois |
General Obligation Bonds. |
(Source: P.A. 102-718, eff. 5-5-22; 103-7, eff. 7-1-23.) |
(30 ILCS 330/3) (from Ch. 127, par. 653) |
Sec. 3. Capital facilities. The amount of $21,094,011,269 |
$18,745,011,269 is authorized to be used for the acquisition, |
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development, construction, reconstruction, improvement, |
demolition, financing, architectural planning and installation |
of capital facilities within the State, consisting of |
buildings, structures, durable equipment, land, interests in |
land, and the costs associated with the purchase and |
implementation of information technology, including but not |
limited to the purchase of hardware and software, for the |
following specific purposes: |
(a) $6,908,676,500 $6,333,676,500 for educational |
purposes by State universities and public community |
colleges, the Illinois Community College Board created by |
the Public Community College Act and for grants to public |
community colleges as authorized by Sections 5-11 and 5-12 |
of the Public Community College Act; |
(b) $2,590,506,300 $1,690,506,300 for correctional |
purposes at State prison and correctional centers; |
(c) $691,492,300 $688,492,300 for open spaces, |
recreational and conservation purposes and the protection |
of land, including expenditures and grants for the |
Illinois Conservation Reserve Enhancement Program and for |
ecosystem restoration and for plugging of abandoned wells; |
(d) $1,078,503,900 for State child care facilities, |
mental and public health facilities, and facilities for |
the care of veterans with disabilities and their spouses, |
and for grants to public and private community health |
centers, hospitals, and other health care providers for |
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capital facilities; |
(e) $8,439,753,300 $7,568,753,300 for use by the |
State, its departments, authorities, public corporations, |
commissions and agencies, including renewable energy |
upgrades at State facilities; |
(f) $818,100 for cargo handling facilities at port |
districts and for breakwaters, including harbor entrances, |
at port districts in conjunction with facilities for small |
boats and pleasure crafts; |
(g) $425,457,000 for water resource management |
projects, including flood mitigation and State dam and |
waterway projects; |
(h) $16,940,269 for the provision of facilities for |
food production research and related instructional and |
public service activities at the State universities and |
public community colleges; |
(i) $75,134,700 for grants by the Secretary of State, |
as State Librarian, for central library facilities |
authorized by Section 8 of the Illinois Library System Act |
and for grants by the Capital Development Board to units |
of local government for public library facilities; |
(j) $25,000,000 for the acquisition, development, |
construction, reconstruction, improvement, financing, |
architectural planning and installation of capital |
facilities consisting of buildings, structures, durable |
equipment and land for grants to counties, municipalities |
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or public building commissions with correctional |
facilities that do not comply with the minimum standards |
of the Department of Corrections under Section 3-15-2 of |
the Unified Code of Corrections; |
(k) $5,011,600 for grants by the Department of |
Conservation for improvement or expansion of aquarium |
facilities located on property owned by a park district; |
(l) $599,590,000 to State agencies for grants to local |
governments for the acquisition, financing, architectural |
planning, development, alteration, installation, and |
construction of capital facilities consisting of |
buildings, structures, durable equipment, and land; and |
(m) $237,127,300 for the Illinois Open Land Trust |
Program as defined by the Illinois Open Land Trust Act. |
The amounts authorized above for capital facilities may be |
used for the acquisition, installation, alteration, |
construction, or reconstruction of capital facilities and for |
the purchase of equipment for the purpose of major capital |
improvements which will reduce energy consumption in State |
buildings or facilities. |
(Source: P.A. 103-7, eff. 7-1-23.) |
(30 ILCS 330/9) (from Ch. 127, par. 659) |
Sec. 9. Conditions for issuance and sale of Bonds; |
requirements for Bonds. |
(a) Except as otherwise provided in this subsection, |
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subsection (h), and subsection (i), Bonds shall be issued and |
sold from time to time, in one or more series, in such amounts |
and at such prices as may be directed by the Governor, upon |
recommendation by the Director of the Governor's Office of |
Management and Budget. Bonds shall be in such form (either |
coupon, registered or book entry), in such denominations, |
payable within 25 years from their date, subject to such terms |
of redemption with or without premium, bear interest payable |
at such times and at such fixed or variable rate or rates, and |
be dated as shall be fixed and determined by the Director of |
the Governor's Office of Management and Budget in the order |
authorizing the issuance and sale of any series of Bonds, |
which order shall be approved by the Governor and is herein |
called a "Bond Sale Order"; provided however, that interest |
payable at fixed or variable rates shall not exceed that |
permitted in the Bond Authorization Act, as now or hereafter |
amended. Bonds shall be payable at such place or places, |
within or without the State of Illinois, and may be made |
registrable as to either principal or as to both principal and |
interest, as shall be specified in the Bond Sale Order. Bonds |
may be callable or subject to purchase and retirement or |
tender and remarketing as fixed and determined in the Bond |
Sale Order. Bonds, other than Bonds issued under Section 3 of |
this Act for the costs associated with the purchase and |
implementation of information technology, (i) except for |
refunding Bonds satisfying the requirements of Section 16 of |
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this Act must be issued with principal or mandatory redemption |
amounts in equal amounts, with the first maturity issued |
occurring within the fiscal year in which the Bonds are issued |
or within the next succeeding fiscal year , except that Bonds |
issued during fiscal year 2025 may be issued with principal or |
mandatory redemption amounts in unequal amounts, and (ii) must |
mature or be subject to mandatory redemption each fiscal year |
thereafter up to 25 years, except for refunding Bonds |
satisfying the requirements of Section 16 of this Act and sold |
during fiscal year 2009, 2010, or 2011 which must mature or be |
subject to mandatory redemption each fiscal year thereafter up |
to 16 years. Bonds issued under Section 3 of this Act for the |
costs associated with the purchase and implementation of |
information technology must be issued with principal or |
mandatory redemption amounts in equal amounts, with the first |
maturity issued occurring with the fiscal year in which the |
respective bonds are issued or with the next succeeding fiscal |
year, with the respective bonds issued maturing or subject to |
mandatory redemption each fiscal year thereafter up to 10 |
years , except that Bonds issued during fiscal year 2025 may be |
issued with principal or mandatory redemption amounts in |
unequal amounts . Notwithstanding any provision of this Act to |
the contrary, the Bonds authorized by Public Act 96-43 shall |
be payable within 5 years from their date and must be issued |
with principal or mandatory redemption amounts in equal |
amounts, with payment of principal or mandatory redemption |
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beginning in the first fiscal year following the fiscal year |
in which the Bonds are issued. |
Notwithstanding any provision of this Act to the contrary, |
the Bonds authorized by Public Act 96-1497 shall be payable |
within 8 years from their date and shall be issued with payment |
of maturing principal or scheduled mandatory redemptions in |
accordance with the following schedule, except the following |
amounts shall be prorated if less than the total additional |
amount of Bonds authorized by Public Act 96-1497 are issued: |
Fiscal Year After Issuance Amount |
1-2 $0 |
3 $110,712,120 |
4 $332,136,360 |
5 $664,272,720 |
6-8 $996,409,080 |
Notwithstanding any provision of this Act to the contrary, |
Income Tax Proceed Bonds issued under Section 7.6 shall be |
payable 12 years from the date of sale and shall be issued with |
payment of principal or mandatory redemption. |
In the case of any series of Bonds bearing interest at a |
variable interest rate ("Variable Rate Bonds"), in lieu of |
determining the rate or rates at which such series of Variable |
Rate Bonds shall bear interest and the price or prices at which |
such Variable Rate Bonds shall be initially sold or remarketed |
(in the event of purchase and subsequent resale), the Bond |
Sale Order may provide that such interest rates and prices may |
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vary from time to time depending on criteria established in |
such Bond Sale Order, which criteria may include, without |
limitation, references to indices or variations in interest |
rates as may, in the judgment of a remarketing agent, be |
necessary to cause Variable Rate Bonds of such series to be |
remarketable from time to time at a price equal to their |
principal amount, and may provide for appointment of a bank, |
trust company, investment bank, or other financial institution |
to serve as remarketing agent in that connection. The Bond |
Sale Order may provide that alternative interest rates or |
provisions for establishing alternative interest rates, |
different security or claim priorities, or different call or |
amortization provisions will apply during such times as |
Variable Rate Bonds of any series are held by a person |
providing credit or liquidity enhancement arrangements for |
such Bonds as authorized in subsection (b) of this Section. |
The Bond Sale Order may also provide for such variable |
interest rates to be established pursuant to a process |
generally known as an auction rate process and may provide for |
appointment of one or more financial institutions to serve as |
auction agents and broker-dealers in connection with the |
establishment of such interest rates and the sale and |
remarketing of such Bonds. |
(b) In connection with the issuance of any series of |
Bonds, the State may enter into arrangements to provide |
additional security and liquidity for such Bonds, including, |
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without limitation, bond or interest rate insurance or letters |
of credit, lines of credit, bond purchase contracts, or other |
arrangements whereby funds are made available to retire or |
purchase Bonds, thereby assuring the ability of owners of the |
Bonds to sell or redeem their Bonds. The State may enter into |
contracts and may agree to pay fees to persons providing such |
arrangements, but only under circumstances where the Director |
of the Governor's Office of Management and Budget certifies |
that he or she reasonably expects the total interest paid or to |
be paid on the Bonds, together with the fees for the |
arrangements (being treated as if interest), would not, taken |
together, cause the Bonds to bear interest, calculated to |
their stated maturity, at a rate in excess of the rate that the |
Bonds would bear in the absence of such arrangements. |
The State may, with respect to Bonds issued or anticipated |
to be issued, participate in and enter into arrangements with |
respect to interest rate protection or exchange agreements, |
guarantees, or financial futures contracts for the purpose of |
limiting, reducing, or managing interest rate exposure. The |
authority granted under this paragraph, however, shall not |
increase the principal amount of Bonds authorized to be issued |
by law. The arrangements may be executed and delivered by the |
Director of the Governor's Office of Management and Budget on |
behalf of the State. Net payments for such arrangements shall |
constitute interest on the Bonds and shall be paid from the |
General Obligation Bond Retirement and Interest Fund. The |
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Director of the Governor's Office of Management and Budget |
shall at least annually certify to the Governor and the State |
Comptroller his or her estimate of the amounts of such net |
payments to be included in the calculation of interest |
required to be paid by the State. |
(c) Prior to the issuance of any Variable Rate Bonds |
pursuant to subsection (a), the Director of the Governor's |
Office of Management and Budget shall adopt an interest rate |
risk management policy providing that the amount of the |
State's variable rate exposure with respect to Bonds shall not |
exceed 20%. This policy shall remain in effect while any Bonds |
are outstanding and the issuance of Bonds shall be subject to |
the terms of such policy. The terms of this policy may be |
amended from time to time by the Director of the Governor's |
Office of Management and Budget but in no event shall any |
amendment cause the permitted level of the State's variable |
rate exposure with respect to Bonds to exceed 20%. |
(d) "Build America Bonds" in this Section means Bonds |
authorized by Section 54AA of the Internal Revenue Code of |
1986, as amended ("Internal Revenue Code"), and bonds issued |
from time to time to refund or continue to refund "Build |
America Bonds". |
(e) Notwithstanding any other provision of this Section, |
Qualified School Construction Bonds shall be issued and sold |
from time to time, in one or more series, in such amounts and |
at such prices as may be directed by the Governor, upon |
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recommendation by the Director of the Governor's Office of |
Management and Budget. Qualified School Construction Bonds |
shall be in such form (either coupon, registered or book |
entry), in such denominations, payable within 25 years from |
their date, subject to such terms of redemption with or |
without premium, and if the Qualified School Construction |
Bonds are issued with a supplemental coupon, bear interest |
payable at such times and at such fixed or variable rate or |
rates, and be dated as shall be fixed and determined by the |
Director of the Governor's Office of Management and Budget in |
the order authorizing the issuance and sale of any series of |
Qualified School Construction Bonds, which order shall be |
approved by the Governor and is herein called a "Bond Sale |
Order"; except that interest payable at fixed or variable |
rates, if any, shall not exceed that permitted in the Bond |
Authorization Act, as now or hereafter amended. Qualified |
School Construction Bonds shall be payable at such place or |
places, within or without the State of Illinois, and may be |
made registrable as to either principal or as to both |
principal and interest, as shall be specified in the Bond Sale |
Order. Qualified School Construction Bonds may be callable or |
subject to purchase and retirement or tender and remarketing |
as fixed and determined in the Bond Sale Order. Qualified |
School Construction Bonds must be issued with principal or |
mandatory redemption amounts or sinking fund payments into the |
General Obligation Bond Retirement and Interest Fund (or |
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subaccount therefor) in equal amounts, with the first maturity |
issued, mandatory redemption payment or sinking fund payment |
occurring within the fiscal year in which the Qualified School |
Construction Bonds are issued or within the next succeeding |
fiscal year, with Qualified School Construction Bonds issued |
maturing or subject to mandatory redemption or with sinking |
fund payments thereof deposited each fiscal year thereafter up |
to 25 years. Sinking fund payments set forth in this |
subsection shall be permitted only to the extent authorized in |
Section 54F of the Internal Revenue Code or as otherwise |
determined by the Director of the Governor's Office of |
Management and Budget. "Qualified School Construction Bonds" |
in this subsection means Bonds authorized by Section 54F of |
the Internal Revenue Code and for bonds issued from time to |
time to refund or continue to refund such "Qualified School |
Construction Bonds". |
(f) Beginning with the next issuance by the Governor's |
Office of Management and Budget of a request for |
qualifications for the purpose of formulating a new pool of |
qualified underwriters, all entities responding to such a |
request for qualifications for inclusion on that list shall |
provide a written report to the Governor's Office of |
Management and Budget and the Illinois Comptroller. The |
written report submitted to the Comptroller shall (i) be |
published on the Comptroller's Internet website and (ii) be |
used by the Governor's Office of Management and Budget for the |
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purposes of scoring such a request for qualifications. The |
written report, at a minimum, shall: |
(1) disclose whether, within the past 3 months, |
pursuant to its credit default swap market-making |
activities, the firm has entered into any State of |
Illinois credit default swaps ("CDS"); |
(2) include, in the event of State of Illinois CDS |
activity, disclosure of the firm's cumulative notional |
volume of State of Illinois CDS trades and the firm's |
outstanding gross and net notional amount of State of |
Illinois CDS, as of the end of the current 3-month period; |
(3) indicate, pursuant to the firm's proprietary |
trading activities, disclosure of whether the firm, within |
the past 3 months, has entered into any proprietary trades |
for its own account in State of Illinois CDS; |
(4) include, in the event of State of Illinois |
proprietary trades, disclosure of the firm's outstanding |
gross and net notional amount of proprietary State of |
Illinois CDS and whether the net position is short or long |
credit protection, as of the end of the current 3-month |
period; |
(5) list all time periods during the past 3 months |
during which the firm held net long or net short State of |
Illinois CDS proprietary credit protection positions, the |
amount of such positions, and whether those positions were |
net long or net short credit protection positions; and |
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(6) indicate whether, within the previous 3 months, |
the firm released any publicly available research or |
marketing reports that reference State of Illinois CDS and |
include those research or marketing reports as |
attachments. |
(g) All entities included on a Governor's Office of |
Management and Budget's pool of qualified underwriters list |
shall, as soon as possible after March 18, 2011 (the effective |
date of Public Act 96-1554), but not later than January 21, |
2011, and on a quarterly fiscal basis thereafter, provide a |
written report to the Governor's Office of Management and |
Budget and the Illinois Comptroller. The written reports |
submitted to the Comptroller shall be published on the |
Comptroller's Internet website. The written reports, at a |
minimum, shall: |
(1) disclose whether, within the past 3 months, |
pursuant to its credit default swap market-making |
activities, the firm has entered into any State of |
Illinois credit default swaps ("CDS"); |
(2) include, in the event of State of Illinois CDS |
activity, disclosure of the firm's cumulative notional |
volume of State of Illinois CDS trades and the firm's |
outstanding gross and net notional amount of State of |
Illinois CDS, as of the end of the current 3-month period; |
(3) indicate, pursuant to the firm's proprietary |
trading activities, disclosure of whether the firm, within |
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the past 3 months, has entered into any proprietary trades |
for its own account in State of Illinois CDS; |
(4) include, in the event of State of Illinois |
proprietary trades, disclosure of the firm's outstanding |
gross and net notional amount of proprietary State of |
Illinois CDS and whether the net position is short or long |
credit protection, as of the end of the current 3-month |
period; |
(5) list all time periods during the past 3 months |
during which the firm held net long or net short State of |
Illinois CDS proprietary credit protection positions, the |
amount of such positions, and whether those positions were |
net long or net short credit protection positions; and |
(6) indicate whether, within the previous 3 months, |
the firm released any publicly available research or |
marketing reports that reference State of Illinois CDS and |
include those research or marketing reports as |
attachments. |
(h) Notwithstanding any other provision of this Section, |
for purposes of maximizing market efficiencies and cost |
savings, Income Tax Proceed Bonds may be issued and sold from |
time to time, in one or more series, in such amounts and at |
such prices as may be directed by the Governor, upon |
recommendation by the Director of the Governor's Office of |
Management and Budget. Income Tax Proceed Bonds shall be in |
such form, either coupon, registered, or book entry, in such |
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denominations, shall bear interest payable at such times and |
at such fixed or variable rate or rates, and be dated as shall |
be fixed and determined by the Director of the Governor's |
Office of Management and Budget in the order authorizing the |
issuance and sale of any series of Income Tax Proceed Bonds, |
which order shall be approved by the Governor and is herein |
called a "Bond Sale Order"; provided, however, that interest |
payable at fixed or variable rates shall not exceed that |
permitted in the Bond Authorization Act. Income Tax Proceed |
Bonds shall be payable at such place or places, within or |
without the State of Illinois, and may be made registrable as |
to either principal or as to both principal and interest, as |
shall be specified in the Bond Sale Order. Income Tax Proceed |
Bonds may be callable or subject to purchase and retirement or |
tender and remarketing as fixed and determined in the Bond |
Sale Order. |
(i) Notwithstanding any other provision of this Section, |
for purposes of maximizing market efficiencies and cost |
savings, State Pension Obligation Acceleration Bonds may be |
issued and sold from time to time, in one or more series, in |
such amounts and at such prices as may be directed by the |
Governor, upon recommendation by the Director of the |
Governor's Office of Management and Budget. State Pension |
Obligation Acceleration Bonds shall be in such form, either |
coupon, registered, or book entry, in such denominations, |
shall bear interest payable at such times and at such fixed or |
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variable rate or rates, and be dated as shall be fixed and |
determined by the Director of the Governor's Office of |
Management and Budget in the order authorizing the issuance |
and sale of any series of State Pension Obligation |
Acceleration Bonds, which order shall be approved by the |
Governor and is herein called a "Bond Sale Order"; provided, |
however, that interest payable at fixed or variable rates |
shall not exceed that permitted in the Bond Authorization Act. |
State Pension Obligation Acceleration Bonds shall be payable |
at such place or places, within or without the State of |
Illinois, and may be made registrable as to either principal |
or as to both principal and interest, as shall be specified in |
the Bond Sale Order. State Pension Obligation Acceleration |
Bonds may be callable or subject to purchase and retirement or |
tender and remarketing as fixed and determined in the Bond |
Sale Order. |
(Source: P.A. 103-7, eff. 7-1-23.) |
Article 15. |
Section 15-5. The Build Illinois Bond Act is amended by |
changing Sections 2, 4, 6, and 13 as follows: |
(30 ILCS 425/2) (from Ch. 127, par. 2802) |
Sec. 2. Authorization for Bonds. The State of Illinois is |
authorized to issue, sell and provide for the retirement of |
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limited obligation bonds, notes and other evidences of |
indebtedness of the State of Illinois in the total principal |
amount of $11,358,681,100 $10,019,681,100 herein called |
"Bonds". Such amount of authorized Bonds shall be exclusive of |
any refunding Bonds issued pursuant to Section 15 of this Act |
and exclusive of any Bonds issued pursuant to this Section |
which are redeemed, purchased, advance refunded, or defeased |
in accordance with paragraph (f) of Section 4 of this Act. |
Bonds shall be issued for the categories and specific purposes |
expressed in Section 4 of this Act. |
(Source: P.A. 102-1071, eff. 6-10-22; 103-7, eff. 7-1-23.) |
(30 ILCS 425/4) (from Ch. 127, par. 2804) |
Sec. 4. Purposes of Bonds. Bonds shall be issued for the |
following purposes and in the approximate amounts as set forth |
below: |
(a) $4,741,094,533 $4,506,094,533 for the expenses of |
issuance and sale of Bonds, including bond discounts, and for |
planning, engineering, acquisition, construction, |
reconstruction, development, improvement, demolition, and |
extension of the public infrastructure in the State of |
Illinois, including: the making of loans or grants to local |
governments for waste disposal systems, water and sewer line |
extensions and water distribution and purification facilities, |
rail or air or water port improvements, gas and electric |
utility extensions, publicly owned industrial and commercial |
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sites, buildings used for public administration purposes and |
other public infrastructure capital improvements; the making |
of loans or grants to units of local government for financing |
and construction of wastewater facilities, including grants to |
serve unincorporated areas; refinancing or retiring bonds |
issued between January 1, 1987 and January 1, 1990 by home rule |
municipalities, debt service on which is provided from a tax |
imposed by home rule municipalities prior to January 1, 1990 |
on the sale of food and drugs pursuant to Section 8-11-1 of the |
Home Rule Municipal Retailers' Occupation Tax Act or Section |
8-11-5 of the Home Rule Municipal Service Occupation Tax Act; |
the making of deposits not to exceed $70,000,000 in the |
aggregate into the Water Pollution Control Revolving Fund to |
provide assistance in accordance with the provisions of Title |
IV-A of the Environmental Protection Act; the planning, |
engineering, acquisition, construction, reconstruction, |
alteration, expansion, extension and improvement of highways, |
bridges, structures separating highways and railroads, rest |
areas, interchanges, access roads to and from any State or |
local highway and other transportation improvement projects |
which are related to economic development activities; the |
making of loans or grants for planning, engineering, |
rehabilitation, improvement or construction of rail and |
transit facilities; the planning, engineering, acquisition, |
construction, reconstruction and improvement of watershed, |
drainage, flood control, recreation and related improvements |
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and facilities, including expenses related to land and |
easement acquisition, relocation, control structures, channel |
work and clearing and appurtenant work; the planning, |
engineering, acquisition, construction, reconstruction and |
improvement of State facilities and related infrastructure; |
the making of Park and Recreational Facilities Construction |
(PARC) grants; the making of grants to units of local |
government for community development capital projects; the |
making of grants for improvement and development of zoos and |
park district field houses and related structures; and the |
making of grants for improvement and development of Navy Pier |
and related structures. |
(b) $3,554,636,967 $2,474,636,967 for fostering economic |
development and increased employment and fostering the well |
being of the citizens of Illinois through community |
development, including: the making of grants for improvement |
and development of McCormick Place and related structures; the |
planning and construction of a microelectronics research |
center, including the planning, engineering, construction, |
improvement, renovation and acquisition of buildings, |
equipment and related utility support systems; the making of |
loans to businesses and investments in small businesses; |
acquiring real properties for industrial or commercial site |
development; acquiring, rehabilitating and reconveying |
industrial and commercial properties for the purpose of |
expanding employment and encouraging private and other public |
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sector investment in the economy of Illinois; the payment of |
expenses associated with siting the Superconducting Super |
Collider Particle Accelerator in Illinois and with its |
acquisition, construction, maintenance, operation, promotion |
and support; the making of loans for the planning, |
engineering, acquisition, construction, improvement and |
conversion of facilities and equipment which will foster the |
use of Illinois coal; the payment of expenses associated with |
the promotion, establishment, acquisition and operation of |
small business incubator facilities and agribusiness research |
facilities, including the lease, purchase, renovation, |
planning, engineering, construction and maintenance of |
buildings, utility support systems and equipment designated |
for such purposes and the establishment and maintenance of |
centralized support services within such facilities; the |
making of grants for transportation electrification |
infrastructure projects that promote use of clean and |
renewable energy; the making of capital expenditures and |
grants for broadband development and for a statewide broadband |
deployment grant program; the making of grants to public |
entities and private persons and entities for community |
development capital projects; the making of grants to public |
entities and private persons and entities for capital projects |
in the context of grant programs focused on assisting |
economically depressed areas, expanding affordable housing, |
supporting the provision of human services, supporting |
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emerging technology enterprises, fostering the advancement of |
quantum information science and technology, and supporting |
minority owned businesses; and the making of grants or loans |
to units of local government for Urban Development Action |
Grant and Housing Partnership programs. |
(c) $2,785,076,600 $2,761,076,600 for the development and |
improvement of educational, scientific, technical and |
vocational programs and facilities and the expansion of health |
and human services for all citizens of Illinois, including: |
the making of grants to school districts and not-for-profit |
organizations for early childhood construction projects |
pursuant to Section 5-300 of the School Construction Law; the |
making of grants to educational institutions for educational, |
scientific, technical and vocational program equipment and |
facilities; the making of grants to museums for equipment and |
facilities; the making of construction and improvement grants |
and loans to public libraries and library systems; the making |
of grants and loans for planning, engineering, acquisition and |
construction of a new State central library in Springfield; |
the planning, engineering, acquisition and construction of an |
animal and dairy sciences facility; the planning, engineering, |
acquisition and construction of a campus and all related |
buildings, facilities, equipment and materials for Richland |
Community College; the acquisition, rehabilitation and |
installation of equipment and materials for scientific and |
historical surveys; the making of grants or loans for |
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distribution to eligible vocational education instructional |
programs for the upgrading of vocational education programs, |
school shops and laboratories, including the acquisition, |
rehabilitation and installation of technical equipment and |
materials; the making of grants or loans for distribution to |
eligible local educational agencies for the upgrading of math |
and science instructional programs, including the acquisition |
of instructional equipment and materials; miscellaneous |
capital improvements for universities and community colleges |
including the planning, engineering, construction, |
reconstruction, remodeling, improvement, repair and |
installation of capital facilities and costs of planning, |
supplies, equipment, materials, services, and all other |
required expenses; the making of grants or loans for repair, |
renovation and miscellaneous capital improvements for |
privately operated colleges and universities and community |
colleges, including the planning, engineering, acquisition, |
construction, reconstruction, remodeling, improvement, repair |
and installation of capital facilities and costs of planning, |
supplies, equipment, materials, services, and all other |
required expenses; and the making of grants or loans for |
distribution to local governments for hospital and other |
health care facilities including the planning, engineering, |
acquisition, construction, reconstruction, remodeling, |
improvement, repair and installation of capital facilities and |
costs of planning, supplies, equipment, materials, services |
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and all other required expenses. |
(d) $277,873,000 for protection, preservation, restoration |
and conservation of environmental and natural resources, |
including: the making of grants to soil and water conservation |
districts for the planning and implementation of conservation |
practices and for funding contracts with the Soil Conservation |
Service for watershed planning; the making of grants to units |
of local government for the capital development and |
improvement of recreation areas, including planning and |
engineering costs, sewer projects, including planning and |
engineering costs and water projects, including planning and |
engineering costs, and for the acquisition of open space |
lands, including the acquisition of easements and other |
property interests of less than fee simple ownership; the |
making of grants to units of local government through the |
Illinois Green Infrastructure Grant Program to protect water |
quality and mitigate flooding; the acquisition and related |
costs and development and management of natural heritage |
lands, including natural areas and areas providing habitat for |
endangered species and nongame wildlife, and buffer area |
lands; the acquisition and related costs and development and |
management of habitat lands, including forest, wildlife |
habitat and wetlands; and the removal and disposition of |
hazardous substances, including the cost of project |
management, equipment, laboratory analysis, and contractual |
services necessary for preventative and corrective actions |
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related to the preservation, restoration and conservation of |
the environment, including deposits not to exceed $60,000,000 |
in the aggregate into the Hazardous Waste Fund and the |
Brownfields Redevelopment Fund for improvements in accordance |
with the provisions of Titles V and XVII of the Environmental |
Protection Act. |
(e) The amount specified in paragraph (a) above shall |
include an amount necessary to pay reasonable expenses of each |
issuance and sale of the Bonds, as specified in the related |
Bond Sale Order (hereinafter defined). |
(f) Any unexpended proceeds from any sale of Bonds which |
are held in the Build Illinois Bond Fund may be used to redeem, |
purchase, advance refund, or defease any Bonds outstanding. |
(Source: P.A. 103-7, eff. 7-1-23.) |
(30 ILCS 425/6) (from Ch. 127, par. 2806) |
Sec. 6. Conditions for issuance and sale of Bonds - |
requirements for Bonds - master and supplemental indentures - |
credit and liquidity enhancement. |
(a) Bonds shall be issued and sold from time to time, in |
one or more series, in such amounts and at such prices as |
directed by the Governor, upon recommendation by the Director |
of the Governor's Office of Management and Budget. Bonds shall |
be payable only from the specific sources and secured in the |
manner provided in this Act. Bonds shall be in such form, in |
such denominations, mature on such dates within 25 years from |
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their date of issuance, be subject to optional or mandatory |
redemption, bear interest payable at such times and at such |
rate or rates, fixed or variable, and be dated as shall be |
fixed and determined by the Director of the Governor's Office |
of Management and Budget in an order authorizing the issuance |
and sale of any series of Bonds, which order shall be approved |
by the Governor and is herein called a "Bond Sale Order"; |
provided, however, that interest payable at fixed rates shall |
not exceed that permitted in "An Act to authorize public |
corporations to issue bonds, other evidences of indebtedness |
and tax anticipation warrants subject to interest rate |
limitations set forth therein", approved May 26, 1970, as now |
or hereafter amended, and interest payable at variable rates |
shall not exceed the maximum rate permitted in the Bond Sale |
Order. Said Bonds shall be payable at such place or places, |
within or without the State of Illinois, and may be made |
registrable as to either principal only or as to both |
principal and interest, as shall be specified in the Bond Sale |
Order. Bonds may be callable or subject to purchase and |
retirement or remarketing as fixed and determined in the Bond |
Sale Order. Bonds (i) except for refunding Bonds satisfying |
the requirements of Section 15 of this Act must be issued with |
principal or mandatory redemption amounts in equal amounts, |
with the first maturity issued occurring within the fiscal |
year in which the Bonds are issued or within the next |
succeeding fiscal year , except that Bonds issued during fiscal |
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year 2025 may be issued with principal or mandatory redemption |
amounts in unequal amounts, and (ii) must mature or be subject |
to mandatory redemption each fiscal year thereafter up to 25 |
years, except for refunding Bonds satisfying the requirements |
of Section 15 of this Act and sold during fiscal year 2009, |
2010, or 2011 which must mature or be subject to mandatory |
redemption each fiscal year thereafter up to 16 years. |
All Bonds authorized under this Act shall be issued |
pursuant to a master trust indenture ("Master Indenture") |
executed and delivered on behalf of the State by the Director |
of the Governor's Office of Management and Budget, such Master |
Indenture to be in substantially the form approved in the Bond |
Sale Order authorizing the issuance and sale of the initial |
series of Bonds issued under this Act. Such initial series of |
Bonds may, and each subsequent series of Bonds shall, also be |
issued pursuant to a supplemental trust indenture |
("Supplemental Indenture") executed and delivered on behalf of |
the State by the Director of the Governor's Office of |
Management and Budget, each such Supplemental Indenture to be |
in substantially the form approved in the Bond Sale Order |
relating to such series. The Master Indenture and any |
Supplemental Indenture shall be entered into with a bank or |
trust company in the State of Illinois having trust powers and |
possessing capital and surplus of not less than $100,000,000. |
Such indentures shall set forth the terms and conditions of |
the Bonds and provide for payment of and security for the |
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Bonds, including the establishment and maintenance of debt |
service and reserve funds, and for other protections for |
holders of the Bonds. The term "reserve funds" as used in this |
Act shall include funds and accounts established under |
indentures to provide for the payment of principal of and |
premium and interest on Bonds, to provide for the purchase, |
retirement or defeasance of Bonds, to provide for fees of |
trustees, registrars, paying agents and other fiduciaries and |
to provide for payment of costs of and debt service payable in |
respect of credit or liquidity enhancement arrangements, |
interest rate swaps or guarantees or financial futures |
contracts and indexing and remarketing agents' services. |
In the case of any series of Bonds bearing interest at a |
variable interest rate ("Variable Rate Bonds"), in lieu of |
determining the rate or rates at which such series of Variable |
Rate Bonds shall bear interest and the price or prices at which |
such Variable Rate Bonds shall be initially sold or remarketed |
(in the event of purchase and subsequent resale), the Bond |
Sale Order may provide that such interest rates and prices may |
vary from time to time depending on criteria established in |
such Bond Sale Order, which criteria may include, without |
limitation, references to indices or variations in interest |
rates as may, in the judgment of a remarketing agent, be |
necessary to cause Bonds of such series to be remarketable |
from time to time at a price equal to their principal amount |
(or compound accreted value in the case of original issue |
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discount Bonds), and may provide for appointment of indexing |
agents and a bank, trust company, investment bank or other |
financial institution to serve as remarketing agent in that |
connection. The Bond Sale Order may provide that alternative |
interest rates or provisions for establishing alternative |
interest rates, different security or claim priorities or |
different call or amortization provisions will apply during |
such times as Bonds of any series are held by a person |
providing credit or liquidity enhancement arrangements for |
such Bonds as authorized in subsection (b) of Section 6 of this |
Act. |
(b) In connection with the issuance of any series of |
Bonds, the State may enter into arrangements to provide |
additional security and liquidity for such Bonds, including, |
without limitation, bond or interest rate insurance or letters |
of credit, lines of credit, bond purchase contracts or other |
arrangements whereby funds are made available to retire or |
purchase Bonds, thereby assuring the ability of owners of the |
Bonds to sell or redeem their Bonds. The State may enter into |
contracts and may agree to pay fees to persons providing such |
arrangements, but only under circumstances where the Director |
of the Bureau of the Budget (now Governor's Office of |
Management and Budget) certifies that he reasonably expects |
the total interest paid or to be paid on the Bonds, together |
with the fees for the arrangements (being treated as if |
interest), would not, taken together, cause the Bonds to bear |
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interest, calculated to their stated maturity, at a rate in |
excess of the rate which the Bonds would bear in the absence of |
such arrangements. Any bonds, notes or other evidences of |
indebtedness issued pursuant to any such arrangements for the |
purpose of retiring and discharging outstanding Bonds shall |
constitute refunding Bonds under Section 15 of this Act. The |
State may participate in and enter into arrangements with |
respect to interest rate swaps or guarantees or financial |
futures contracts for the purpose of limiting or restricting |
interest rate risk; provided that such arrangements shall be |
made with or executed through banks having capital and surplus |
of not less than $100,000,000 or insurance companies holding |
the highest policyholder rating accorded insurers by A.M. Best & |
Co. or any comparable rating service or government bond |
dealers reporting to, trading with, and recognized as primary |
dealers by a Federal Reserve Bank and having capital and |
surplus of not less than $100,000,000, or other persons whose |
debt securities are rated in the highest long-term categories |
by both Moody's Investors' Services, Inc. and Standard & |
Poor's Corporation. Agreements incorporating any of the |
foregoing arrangements may be executed and delivered by the |
Director of the Governor's Office of Management and Budget on |
behalf of the State in substantially the form approved in the |
Bond Sale Order relating to such Bonds. |
(c) "Build America Bonds" in this Section means Bonds |
authorized by Section 54AA of the Internal Revenue Code of |
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1986, as amended ("Internal Revenue Code"), and bonds issued |
from time to time to refund or continue to refund "Build |
America Bonds". |
(Source: P.A. 100-23, eff. 7-6-17; 100-587, eff. 6-4-18; |
101-30, eff. 6-28-19.) |
(30 ILCS 425/13) (from Ch. 127, par. 2813) |
Sec. 13. Computation of principal and interest; transfer |
from Build Illinois Bond Account; payment from Build Illinois |
Bond Retirement and Interest Fund. Upon each delivery of |
Bonds authorized to be issued under this Act, the trustee |
under the Master Indenture shall compute and certify to the |
Director of the Governor's Office of Management and Budget, |
the Comptroller and the Treasurer (a) the total amount of the |
principal of and the interest and the premium, if any, on the |
Bonds then being issued and on Bonds previously issued and |
outstanding that will be payable in order to retire such Bonds |
at their stated maturities or mandatory sinking fund payment |
dates and (b) the amount of principal of and interest and |
premium, if any, on such Bonds that will be payable on each |
principal, interest and mandatory sinking fund payment date |
according to the tenor of such Bonds during the then current |
and each succeeding fiscal year. Such certifications shall |
include with respect to interest payable on Variable Rate |
Bonds the maximum amount of interest which may be payable for |
the relevant period after taking into account any credits |
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permitted in the related indenture against the amount of such |
interest required to be appropriated for such period pursuant |
to subsection (c) of Section 11 of this Act. |
On or before June 20, 1993 and on or before each June 20 |
thereafter so long as Bonds remain outstanding, the trustee |
under the Master Indenture shall deliver to the Director of |
the Governor's Office of Management and Budget (formerly |
Bureau of the Budget), the Comptroller and the Treasurer a |
certificate setting forth the "Certified Annual Debt Service |
Requirement" (hereinafter defined) for the next succeeding |
fiscal year. If Bonds are issued subsequent to the delivery of |
any such certificate, upon the issuance of such Bonds the |
trustee under the Master Indenture shall deliver a |
supplemental certificate setting forth the revisions, if any, |
in the Certified Annual Debt Service Requirement resulting |
from the issuance of such Bonds. The "Certified Annual Debt |
Service Requirement" for any fiscal year shall be an amount |
equal to (a) the aggregate amount of principal, interest and |
premium, if any, payable on outstanding Bonds during such |
fiscal year plus (b) the amount required to be deposited into |
any reserve fund securing such Bonds or for the purpose of |
retiring or defeasing such Bonds plus (c) the amount of any |
deficiencies in required transfers of amounts described in |
clauses (a) and (b) for any prior fiscal year, minus (d) the |
amount, if any, of such interest to be paid from Bond proceeds |
on deposit under any indenture; provided, however, that |
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interest payable on Variable Rate Bonds shall be calculated at |
the maximum rate of interest which may be payable during such |
fiscal year after taking into account any credits permitted in |
the related indenture against the amount of such interest |
required to be appropriated for such period pursuant to |
subsection (c) of Section 11 of this Act. |
In each month during fiscal years 1986 through 1993, the |
State Treasurer and Comptroller shall transfer, on the last |
day of such month, from the Build Illinois Bond Account to the |
Build Illinois Bond Retirement and Interest Fund and shall |
make payment from the Build Illinois Bond Retirement and |
Interest Fund to the trustee under the Master Indenture of an |
amount equal to 1/12 of 150% of the amount set forth below for |
each such fiscal year, plus any cumulative deficiency in such |
transfers and payments for prior months; provided that such |
transfers shall commence in October, 1985 and such amounts for |
fiscal year 1986 shall equal 1/9 of 150% of the amount set |
forth below for such fiscal year: |
|
Fiscal Year | Amount | |
1986 | $15,000,000 | |
1987 | $25,000,000 | |
1988 | $40,000,000 | |
1989 | $54,000,000 | |
1990 | $85,400,000 | |
1991 | $133,600,000 | |
1992 | $164,400,000 | |
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provided that payments of such amounts from the Build Illinois |
Bond Retirement and Interest Fund to the trustee under the |
Master Indenture shall commence on the last day of the month in |
which Bonds are initially issued under this Act; and, further |
provided, that the first such payment to said trustee shall |
equal the entire amount then on deposit in the Build Illinois |
Bond Retirement and Interest Fund; and, further provided, that |
the aggregate amount of transfers and payments for any such |
fiscal year shall not exceed the amount set forth above for |
such fiscal year. |
In each month in which Bonds are outstanding during fiscal |
year 1994 and each fiscal year thereafter, the State Treasurer |
and Comptroller shall transfer, on the last day of such month, |
(i) with respect to Bonds constituting bonds issued pursuant |
to the bond authorization under this Act enacted pursuant to |
Public Act 96-36 and this amendatory Act of the 103rd General |
Assembly this amendatory Act of the 96th General Assembly (and |
any refunding Bonds issued to refund such Bonds), first from |
the Capital Projects Fund and second, if needed, from the |
Build Illinois Bond Account and (ii) with respect to all other |
Bonds not described in clause (i), from the Build Illinois |
Bond Account, in each case, to the Build Illinois Bond |
Retirement and Interest Fund and shall make payment from the |
Build Illinois Bond Retirement and Interest Fund to the |
trustee under the Master Indenture of an amount equal to the |
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greater of (a) 1/12th of 150% of the Certified Annual Debt |
Service Requirement or (b) the Tax Act Amount (as defined in |
Section 3 of the "Retailers' Occupation Tax Act", as amended) |
deposited in the Build Illinois Bond Account during such |
month, plus any cumulative deficiency in such transfers and |
payments for prior months; provided that such transfers and |
payments for any such fiscal year shall not exceed the greater |
of (a) the Certified Annual Debt Service Requirement or (b) |
the Tax Act Amount. |
(Source: P.A. 96-36, eff. 7-13-09 .) |
Article 20. |
Section 20-5. The Illinois Housing Development Act is |
amended by changing Section 22 as follows: |
(20 ILCS 3805/22) (from Ch. 67 1/2, par. 322) |
Sec. 22. (a) The Authority shall not have outstanding at |
any one time bonds and notes for any of its corporate purposes |
in an aggregate principal amount exceeding $11,500,000,000 |
$7,200,000,000 , excluding bonds and notes issued to refund |
outstanding bonds and notes. |
(b) Of the authorized aggregate principal amount of |
$11,500,000,000 $7,200,000,000 provided for by this Section, |
the amount of $150,000,000 shall be used for the purposes |
specified in Sections 7.23 and 7.24 of this Act. |
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(c) Of the $1,000,000,000 authorized by this amendatory |
Act of 1985, an amount not less than $100,000,000 shall be |
reserved for financing developments which involve the |
rehabilitation of dwelling accommodations, subject to the |
occupancy reservation of low or moderate income persons or |
families as provided in this Act. |
(Source: P.A. 102-175, eff. 7-29-21.) |
Article 25. |
Section 25-5. The Local Government Debt Reform Act is |
amended by changing Sections 10, 16, and 17 as follows: |
(30 ILCS 350/10) (from Ch. 17, par. 6910) |
Sec. 10. General provisions. Bonds authorized by |
applicable law may be issued in one or more series, bear such |
date or dates, become due at such time or times within 40 |
years, except as expressly limited by applicable law, provided |
that notwithstanding any such express limitation bonds issued |
by any school district, Lockport High School, Township High |
School District 113, South Suburban Community College District |
No. 510, Elgin Community College District No. 509, or |
Kishwaukee Community College District No. 523 for the purpose |
of purchasing, constructing, or improving real or personal |
property , including bonds issued pursuant to Sections 17-2.11 |
of the School Code, bonds issued to increase the working cash |
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fund of the district, and bonds issued to pay or paying claims |
against the any such district incurred for the purpose of |
purchasing, constructing, or improving real or personal |
property , and any bonds issued to refund or continue to refund |
those bonds, may become due within 30 25 years, bear interest |
payable at such intervals and at such rate or rates as |
authorized under applicable law, which rates may be fixed or |
variable, be in such denominations, be in such form, either |
coupon, registered or book-entry, carry such conversion, |
registration, and exchange privileges, be subject to |
defeasance upon such terms, have such rank or priority, be |
executed in such manner, be payable in such medium of payment |
at such place or places within or without the State of |
Illinois, make provision for a corporate trustee within or |
without the State with respect to such bonds, prescribe the |
rights, powers and duties thereof to be exercised for the |
benefit of the governmental unit and the protection of the |
bondholders, provide for the holding in trust, investment and |
use of moneys, funds and accounts held under an ordinance, |
provide for assignment of and direct payment of the moneys to |
pay such bonds or to be deposited into such funds or accounts |
directly to such trustee, be subject to such terms of |
redemption with or without premium, and be sold in such manner |
at private or public sale and at such price, all as the |
governing body shall determine. Whenever such bonds are sold |
at price less than par, they shall be sold at such price and |
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bear interest at such rate or rates such that either the true |
interest cost (yield) or the net interest rate, as may be |
selected by the governing body, received upon the sale of such |
bonds does not exceed the maximum rate otherwise authorized by |
applicable law. Except for an ordinance required to be |
published by applicable law in connection with a backdoor |
referendum, any bond ordinance adopted by a governing body |
under applicable law shall, in all instances, become effective |
immediately without publication or posting or any further act |
or requirement. |
(Source: P.A. 97-615, eff. 8-26-11; 98-36, eff. 6-28-13.) |
(30 ILCS 350/16) (from Ch. 17, par. 6916) |
Sec. 16. Levy for bonds. |
(a) A governmental unit may levy a tax for the payment of |
principal of and interest on general obligation bonds or |
limited bonds at any time prior to March 1 of the calendar year |
during which the tax will be collected. The county clerk shall |
accept the filing of the ordinance levying such tax |
notwithstanding that such time is subsequent to the end of the |
calendar year next preceding the calendar year during which |
such tax will be collected. |
(b) The county clerk shall accept the electronic filing of |
any ordinance under subsection (a) and any certificate abating |
taxes levied by an ordinance under subsection (a) . If a |
governmental unit electronically files an ordinance under |
|
subsection (a) or a certificate abating taxes levied by an |
ordinance under subsection (a) electronically , then the |
governmental unit shall maintain an original signed copy of |
the ordinance as long as the general obligation bonds or |
limited bonds remain outstanding. |
(c) In extending taxes for general obligation bonds, the |
county clerk shall add to the levy for debt service on such |
bonds an amount sufficient, in view of all losses and |
delinquencies in tax collection, to produce tax receipts |
adequate for the prompt payment of such debt service. |
(Source: P.A. 103-137, eff. 6-30-23.) |
(30 ILCS 350/17) (from Ch. 17, par. 6917) |
Sec. 17. Leases and installment contracts. |
(a) Interest not debt; debt on leases and installment |
contracts. Interest on bonds shall not be included in any |
computation of indebtedness of a governmental unit for the |
purpose of any statutory provision or limitation. For bonds |
consisting of leases and installment or financing contracts, |
(1) that portion of payments made by a governmental unit under |
the terms of a bond designated as interest in the bond or the |
ordinance authorizing such bond shall be treated as interest |
for purposes of this Section (2) where portions of payments |
due under the terms of a bond have not been designated as |
interest in the bond or the ordinance authorizing such bond, |
and all or a portion of such payments is to be used for the |
|
payment of principal of and interest on other bonds of the |
governmental unit or bonds issued by another unit of local |
government, such as a public building commission, the payments |
equal to interest due on such corresponding bonds shall be |
treated as interest for purposes of this Section and (3) where |
portions of payments due under the terms of a bond have not |
been designated as interest in the bond or ordinance |
authorizing such bond and no portion of any such payment is to |
be used for the payment of principal of and interest on other |
bonds of the governmental unit or another unit of local |
government, a portion of each payment due under the terms of |
such bond shall be treated as interest for purposes of this |
Section; such portion shall be equal in amount to the interest |
that would have been paid on a notional obligation of the |
governmental unit (bearing interest at the highest rate |
permitted by law for bonds of the governmental unit at the time |
the bond was issued or, if no such limit existed, 12%) on which |
the payments of principal and interest were due at the same |
times and in the same amounts as payments are due under the |
terms of the bonds. The rule set forth in this Section shall be |
applicable to all interest no matter when earned or accrued or |
at what interval paid, and whether or not a bond bears interest |
which compounds at certain intervals. For purposes of bonds |
sold at amounts less than 95% of their stated value at |
maturity, interest for purposes of this Section includes the |
difference between the amount set forth on the face of the bond |
|
as the original principal amount and the bond's stated value |
at maturity. |
This subsection may be made applicable to bonds issued |
prior to the effective date of this Act by passage of an |
ordinance to such effect by the governing body of a |
governmental unit. |
(b) Purchase or lease of property. The governing body of |
each governmental unit may purchase or lease either real or |
personal property, including investments, investment |
agreements, or investment services, through agreements that |
provide that the consideration for the purchase or lease may |
be paid through installments made at stated intervals for a |
period of no more than 20 years or another period of time |
authorized by law, whichever is greater; provided, however, |
that investments, investment agreements, or investment |
services purchased in connection with a bond issue may be paid |
through installments made at stated intervals for a period of |
time not in excess of the maximum term of such bond issue. Each |
governmental unit may issue certificates evidencing the |
indebtedness incurred under the lease or agreement. The |
governing body may provide for the treasurer, comptroller, |
finance officer, or other officer of the governing body |
charged with financial administration to act as counter-party |
to any such lease or agreement, as nominee lessor or seller. |
When the lease or agreement is executed by the officer of the |
governmental unit authorized by the governing body to bind the |
|
governmental unit thereon by the execution thereof and is |
filed with and executed by the nominee lessor or seller, the |
lease or agreement shall be sufficiently executed so as to |
permit the governmental unit to issue certificates evidencing |
the indebtedness incurred under the lease or agreement. The |
certificates shall be valid whether or not an appropriation |
with respect thereto is included in any annual or supplemental |
budget adopted by the governmental unit. From time to time, as |
the governing body executes contracts for the purpose of |
acquiring and constructing the services or real or personal |
property that is a part of the subject of the lease or |
agreement, including financial, legal, architectural, and |
engineering services related to the lease or agreement, the |
governing body shall order the contracts shall be filed with |
the its nominee officer, and that officer shall identify the |
contracts to the lease or agreement; that identification shall |
permit the payment of the contract from the proceeds of the |
certificates; and the nominee officer shall duly apply or |
cause to be applied proceeds of the certificates to the |
payment of the contracts. The governing body of each |
governmental unit may sell, lease, convey, and reacquire |
either real or personal property, or any interest in real or |
personal property, upon any terms and conditions and in any |
manner, as the governing body shall determine, if the |
governmental unit will lease, acquire by purchase agreement, |
or otherwise reacquire the property, as authorized by this |
|
subsection or any other applicable law. |
All indebtedness incurred under this subsection, when |
aggregated with the existing indebtedness of the governmental |
unit, may not exceed the debt limits provided by applicable |
law. |
(Source: P.A. 91-493, eff. 8-13-99; 91-868, eff. 6-22-00; |
92-879, eff. 1-13-03.) |
Section 25-10. The Property Tax Code is amended by |
changing Section 18-185 as follows: |
(35 ILCS 200/18-185) |
Sec. 18-185. Short title; definitions. This Division 5 |
may be cited as the Property Tax Extension Limitation Law. As |
used in this Division 5: |
"Consumer Price Index" means the Consumer Price Index for |
All Urban Consumers for all items published by the United |
States Department of Labor. |
"Extension limitation" means (a) the lesser of 5% or the |
percentage increase in the Consumer Price Index during the |
12-month calendar year preceding the levy year or (b) the rate |
of increase approved by voters under Section 18-205. |
"Affected county" means a county of 3,000,000 or more |
inhabitants or a county contiguous to a county of 3,000,000 or |
more inhabitants. |
"Taxing district" has the same meaning provided in Section |
|
1-150, except as otherwise provided in this Section. For the |
1991 through 1994 levy years only, "taxing district" includes |
only each non-home rule taxing district having the majority of |
its 1990 equalized assessed value within any county or |
counties contiguous to a county with 3,000,000 or more |
inhabitants. Beginning with the 1995 levy year, "taxing |
district" includes only each non-home rule taxing district |
subject to this Law before the 1995 levy year and each non-home |
rule taxing district not subject to this Law before the 1995 |
levy year having the majority of its 1994 equalized assessed |
value in an affected county or counties. Beginning with the |
levy year in which this Law becomes applicable to a taxing |
district as provided in Section 18-213, "taxing district" also |
includes those taxing districts made subject to this Law as |
provided in Section 18-213. |
"Aggregate extension" for taxing districts to which this |
Law applied before the 1995 levy year means the annual |
corporate extension for the taxing district and those special |
purpose extensions that are made annually for the taxing |
district, excluding special purpose extensions: (a) made for |
the taxing district to pay interest or principal on general |
obligation bonds that were approved by referendum; (b) made |
for any taxing district to pay interest or principal on |
general obligation bonds issued before October 1, 1991; (c) |
made for any taxing district to pay interest or principal on |
bonds issued to refund or continue to refund those bonds |
|
issued before October 1, 1991; (d) made for any taxing |
district to pay interest or principal on bonds issued to |
refund or continue to refund bonds issued after October 1, |
1991 that were approved by referendum; (e) made for any taxing |
district to pay interest or principal on revenue bonds issued |
before October 1, 1991 for payment of which a property tax levy |
or the full faith and credit of the unit of local government is |
pledged; however, a tax for the payment of interest or |
principal on those bonds shall be made only after the |
governing body of the unit of local government finds that all |
other sources for payment are insufficient to make those |
payments; (f) made for payments under a building commission |
lease when the lease payments are for the retirement of bonds |
issued by the commission before October 1, 1991, to pay for the |
building project; (g) made for payments due under installment |
contracts entered into before October 1, 1991; (h) made for |
payments of principal and interest on bonds issued under the |
Metropolitan Water Reclamation District Act to finance |
construction projects initiated before October 1, 1991; (i) |
made for payments of principal and interest on limited bonds, |
as defined in Section 3 of the Local Government Debt Reform |
Act, in an amount not to exceed the debt service extension base |
less the amount in items (b), (c), (e), and (h) of this |
definition for non-referendum obligations, except obligations |
initially issued pursuant to referendum; (j) made for payments |
of principal and interest on bonds issued under Section 15 of |
|
the Local Government Debt Reform Act; (k) made by a school |
district that participates in the Special Education District |
of Lake County, created by special education joint agreement |
under Section 10-22.31 of the School Code, for payment of the |
school district's share of the amounts required to be |
contributed by the Special Education District of Lake County |
to the Illinois Municipal Retirement Fund under Article 7 of |
the Illinois Pension Code; the amount of any extension under |
this item (k) shall be certified by the school district to the |
county clerk; (l) made to fund expenses of providing joint |
recreational programs for persons with disabilities under |
Section 5-8 of the Park District Code or Section 11-95-14 of |
the Illinois Municipal Code; (m) made for temporary relocation |
loan repayment purposes pursuant to Sections 2-3.77 and |
17-2.2d of the School Code; (n) made for payment of principal |
and interest on any bonds issued under the authority of |
Section 17-2.2d of the School Code; (o) made for contributions |
to a firefighter's pension fund created under Article 4 of the |
Illinois Pension Code, to the extent of the amount certified |
under item (5) of Section 4-134 of the Illinois Pension Code; |
and (p) made for road purposes in the first year after a |
township assumes the rights, powers, duties, assets, property, |
liabilities, obligations, and responsibilities of a road |
district abolished under the provisions of Section 6-133 of |
the Illinois Highway Code ; and (q) made for the payment of |
principal and interest on any bonds issued under the authority |
|
of Section 17-2.11 of the School Code or to refund or continue |
to refund those bonds . |
"Aggregate extension" for the taxing districts to which |
this Law did not apply before the 1995 levy year (except taxing |
districts subject to this Law in accordance with Section |
18-213) means the annual corporate extension for the taxing |
district and those special purpose extensions that are made |
annually for the taxing district, excluding special purpose |
extensions: (a) made for the taxing district to pay interest |
or principal on general obligation bonds that were approved by |
referendum; (b) made for any taxing district to pay interest |
or principal on general obligation bonds issued before March |
1, 1995; (c) made for any taxing district to pay interest or |
principal on bonds issued to refund or continue to refund |
those bonds issued before March 1, 1995; (d) made for any |
taxing district to pay interest or principal on bonds issued |
to refund or continue to refund bonds issued after March 1, |
1995 that were approved by referendum; (e) made for any taxing |
district to pay interest or principal on revenue bonds issued |
before March 1, 1995 for payment of which a property tax levy |
or the full faith and credit of the unit of local government is |
pledged; however, a tax for the payment of interest or |
principal on those bonds shall be made only after the |
governing body of the unit of local government finds that all |
other sources for payment are insufficient to make those |
payments; (f) made for payments under a building commission |
|
lease when the lease payments are for the retirement of bonds |
issued by the commission before March 1, 1995 to pay for the |
building project; (g) made for payments due under installment |
contracts entered into before March 1, 1995; (h) made for |
payments of principal and interest on bonds issued under the |
Metropolitan Water Reclamation District Act to finance |
construction projects initiated before October 1, 1991; (h-4) |
made for stormwater management purposes by the Metropolitan |
Water Reclamation District of Greater Chicago under Section 12 |
of the Metropolitan Water Reclamation District Act; (h-8) made |
for payments of principal and interest on bonds issued under |
Section 9.6a of the Metropolitan Water Reclamation District |
Act to make contributions to the pension fund established |
under Article 13 of the Illinois Pension Code; (i) made for |
payments of principal and interest on limited bonds, as |
defined in Section 3 of the Local Government Debt Reform Act, |
in an amount not to exceed the debt service extension base less |
the amount in items (b), (c), and (e) of this definition for |
non-referendum obligations, except obligations initially |
issued pursuant to referendum and bonds described in |
subsections (h) and (h-8) of this definition; (j) made for |
payments of principal and interest on bonds issued under |
Section 15 of the Local Government Debt Reform Act; (k) made |
for payments of principal and interest on bonds authorized by |
Public Act 88-503 and issued under Section 20a of the Chicago |
Park District Act for aquarium or museum projects and bonds |
|
issued under Section 20a of the Chicago Park District Act for |
the purpose of making contributions to the pension fund |
established under Article 12 of the Illinois Pension Code; (l) |
made for payments of principal and interest on bonds |
authorized by Public Act 87-1191 or 93-601 and (i) issued |
pursuant to Section 21.2 of the Cook County Forest Preserve |
District Act, (ii) issued under Section 42 of the Cook County |
Forest Preserve District Act for zoological park projects, or |
(iii) issued under Section 44.1 of the Cook County Forest |
Preserve District Act for botanical gardens projects; (m) made |
pursuant to Section 34-53.5 of the School Code, whether levied |
annually or not; (n) made to fund expenses of providing joint |
recreational programs for persons with disabilities under |
Section 5-8 of the Park District Code or Section 11-95-14 of |
the Illinois Municipal Code; (o) made by the Chicago Park |
District for recreational programs for persons with |
disabilities under subsection (c) of Section 7.06 of the |
Chicago Park District Act; (p) made for contributions to a |
firefighter's pension fund created under Article 4 of the |
Illinois Pension Code, to the extent of the amount certified |
under item (5) of Section 4-134 of the Illinois Pension Code; |
(q) made by Ford Heights School District 169 under Section |
17-9.02 of the School Code; and (r) made for the purpose of |
making employer contributions to the Public School Teachers' |
Pension and Retirement Fund of Chicago under Section 34-53 of |
the School Code ; and (s) made for the payment of principal and |
|
interest on any bonds issued under the authority of Section |
17-2.11 of the School Code or to refund or continue to refund |
those bonds . |
"Aggregate extension" for all taxing districts to which |
this Law applies in accordance with Section 18-213, except for |
those taxing districts subject to paragraph (2) of subsection |
(e) of Section 18-213, means the annual corporate extension |
for the taxing district and those special purpose extensions |
that are made annually for the taxing district, excluding |
special purpose extensions: (a) made for the taxing district |
to pay interest or principal on general obligation bonds that |
were approved by referendum; (b) made for any taxing district |
to pay interest or principal on general obligation bonds |
issued before the date on which the referendum making this Law |
applicable to the taxing district is held; (c) made for any |
taxing district to pay interest or principal on bonds issued |
to refund or continue to refund those bonds issued before the |
date on which the referendum making this Law applicable to the |
taxing district is held; (d) made for any taxing district to |
pay interest or principal on bonds issued to refund or |
continue to refund bonds issued after the date on which the |
referendum making this Law applicable to the taxing district |
is held if the bonds were approved by referendum after the date |
on which the referendum making this Law applicable to the |
taxing district is held; (e) made for any taxing district to |
pay interest or principal on revenue bonds issued before the |
|
date on which the referendum making this Law applicable to the |
taxing district is held for payment of which a property tax |
levy or the full faith and credit of the unit of local |
government is pledged; however, a tax for the payment of |
interest or principal on those bonds shall be made only after |
the governing body of the unit of local government finds that |
all other sources for payment are insufficient to make those |
payments; (f) made for payments under a building commission |
lease when the lease payments are for the retirement of bonds |
issued by the commission before the date on which the |
referendum making this Law applicable to the taxing district |
is held to pay for the building project; (g) made for payments |
due under installment contracts entered into before the date |
on which the referendum making this Law applicable to the |
taxing district is held; (h) made for payments of principal |
and interest on limited bonds, as defined in Section 3 of the |
Local Government Debt Reform Act, in an amount not to exceed |
the debt service extension base less the amount in items (b), |
(c), and (e) of this definition for non-referendum |
obligations, except obligations initially issued pursuant to |
referendum; (i) made for payments of principal and interest on |
bonds issued under Section 15 of the Local Government Debt |
Reform Act; (j) made for a qualified airport authority to pay |
interest or principal on general obligation bonds issued for |
the purpose of paying obligations due under, or financing |
airport facilities required to be acquired, constructed, |
|
installed or equipped pursuant to, contracts entered into |
before March 1, 1996 (but not including any amendments to such |
a contract taking effect on or after that date); (k) made to |
fund expenses of providing joint recreational programs for |
persons with disabilities under Section 5-8 of the Park |
District Code or Section 11-95-14 of the Illinois Municipal |
Code; (l) made for contributions to a firefighter's pension |
fund created under Article 4 of the Illinois Pension Code, to |
the extent of the amount certified under item (5) of Section |
4-134 of the Illinois Pension Code; and (m) made for the taxing |
district to pay interest or principal on general obligation |
bonds issued pursuant to Section 19-3.10 of the School Code ; |
and (n) made for the payment of principal and interest on any |
bonds issued under the authority of Section 17-2.11 of the |
School Code or to refund or continue to refund those bonds . |
"Aggregate extension" for all taxing districts to which |
this Law applies in accordance with paragraph (2) of |
subsection (e) of Section 18-213 means the annual corporate |
extension for the taxing district and those special purpose |
extensions that are made annually for the taxing district, |
excluding special purpose extensions: (a) made for the taxing |
district to pay interest or principal on general obligation |
bonds that were approved by referendum; (b) made for any |
taxing district to pay interest or principal on general |
obligation bonds issued before March 7, 1997 (the effective |
date of Public Act 89-718); (c) made for any taxing district to |
|
pay interest or principal on bonds issued to refund or |
continue to refund those bonds issued before March 7, 1997 |
(the effective date of Public Act 89-718); (d) made for any |
taxing district to pay interest or principal on bonds issued |
to refund or continue to refund bonds issued after March 7, |
1997 (the effective date of Public Act 89-718) if the bonds |
were approved by referendum after March 7, 1997 (the effective |
date of Public Act 89-718); (e) made for any taxing district to |
pay interest or principal on revenue bonds issued before March |
7, 1997 (the effective date of Public Act 89-718) for payment |
of which a property tax levy or the full faith and credit of |
the unit of local government is pledged; however, a tax for the |
payment of interest or principal on those bonds shall be made |
only after the governing body of the unit of local government |
finds that all other sources for payment are insufficient to |
make those payments; (f) made for payments under a building |
commission lease when the lease payments are for the |
retirement of bonds issued by the commission before March 7, |
1997 (the effective date of Public Act 89-718) to pay for the |
building project; (g) made for payments due under installment |
contracts entered into before March 7, 1997 (the effective |
date of Public Act 89-718); (h) made for payments of principal |
and interest on limited bonds, as defined in Section 3 of the |
Local Government Debt Reform Act, in an amount not to exceed |
the debt service extension base less the amount in items (b), |
(c), and (e) of this definition for non-referendum |
|
obligations, except obligations initially issued pursuant to |
referendum; (i) made for payments of principal and interest on |
bonds issued under Section 15 of the Local Government Debt |
Reform Act; (j) made for a qualified airport authority to pay |
interest or principal on general obligation bonds issued for |
the purpose of paying obligations due under, or financing |
airport facilities required to be acquired, constructed, |
installed or equipped pursuant to, contracts entered into |
before March 1, 1996 (but not including any amendments to such |
a contract taking effect on or after that date); (k) made to |
fund expenses of providing joint recreational programs for |
persons with disabilities under Section 5-8 of the Park |
District Code or Section 11-95-14 of the Illinois Municipal |
Code; and (l) made for contributions to a firefighter's |
pension fund created under Article 4 of the Illinois Pension |
Code, to the extent of the amount certified under item (5) of |
Section 4-134 of the Illinois Pension Code ; and (m) made for |
the payment of principal and interest on any bonds issued |
under the authority of Section 17-2.11 of the School Code or to |
refund or continue to refund those bonds . |
"Debt service extension base" means an amount equal to |
that portion of the extension for a taxing district for the |
1994 levy year, or for those taxing districts subject to this |
Law in accordance with Section 18-213, except for those |
subject to paragraph (2) of subsection (e) of Section 18-213, |
for the levy year in which the referendum making this Law |
|
applicable to the taxing district is held, or for those taxing |
districts subject to this Law in accordance with paragraph (2) |
of subsection (e) of Section 18-213 for the 1996 levy year, |
constituting an extension for payment of principal and |
interest on bonds issued by the taxing district without |
referendum, but not including excluded non-referendum bonds. |
For park districts (i) that were first subject to this Law in |
1991 or 1995 and (ii) whose extension for the 1994 levy year |
for the payment of principal and interest on bonds issued by |
the park district without referendum (but not including |
excluded non-referendum bonds) was less than 51% of the amount |
for the 1991 levy year constituting an extension for payment |
of principal and interest on bonds issued by the park district |
without referendum (but not including excluded non-referendum |
bonds), "debt service extension base" means an amount equal to |
that portion of the extension for the 1991 levy year |
constituting an extension for payment of principal and |
interest on bonds issued by the park district without |
referendum (but not including excluded non-referendum bonds). |
A debt service extension base established or increased at any |
time pursuant to any provision of this Law, except Section |
18-212, shall be increased each year commencing with the later |
of (i) the 2009 levy year or (ii) the first levy year in which |
this Law becomes applicable to the taxing district, by the |
lesser of 5% or the percentage increase in the Consumer Price |
Index during the 12-month calendar year preceding the levy |
|
year. The debt service extension base may be established or |
increased as provided under Section 18-212. "Excluded |
non-referendum bonds" means (i) bonds authorized by Public Act |
88-503 and issued under Section 20a of the Chicago Park |
District Act for aquarium and museum projects; (ii) bonds |
issued under Section 15 of the Local Government Debt Reform |
Act; or (iii) refunding obligations issued to refund or to |
continue to refund obligations initially issued pursuant to |
referendum. |
"Special purpose extensions" include, but are not limited |
to, extensions for levies made on an annual basis for |
unemployment and workers' compensation, self-insurance, |
contributions to pension plans, and extensions made pursuant |
to Section 6-601 of the Illinois Highway Code for a road |
district's permanent road fund whether levied annually or not. |
The extension for a special service area is not included in the |
aggregate extension. |
"Aggregate extension base" means the taxing district's |
last preceding aggregate extension as adjusted under Sections |
18-135, 18-215, 18-230, 18-206, and 18-233. Beginning with |
levy year 2022, for taxing districts that are specified in |
Section 18-190.7, the taxing district's aggregate extension |
base shall be calculated as provided in Section 18-190.7. An |
adjustment under Section 18-135 shall be made for the 2007 |
levy year and all subsequent levy years whenever one or more |
counties within which a taxing district is located (i) used |
|
estimated valuations or rates when extending taxes in the |
taxing district for the last preceding levy year that resulted |
in the over or under extension of taxes, or (ii) increased or |
decreased the tax extension for the last preceding levy year |
as required by Section 18-135(c). Whenever an adjustment is |
required under Section 18-135, the aggregate extension base of |
the taxing district shall be equal to the amount that the |
aggregate extension of the taxing district would have been for |
the last preceding levy year if either or both (i) actual, |
rather than estimated, valuations or rates had been used to |
calculate the extension of taxes for the last levy year, or |
(ii) the tax extension for the last preceding levy year had not |
been adjusted as required by subsection (c) of Section 18-135. |
Notwithstanding any other provision of law, for levy year |
2012, the aggregate extension base for West Northfield School |
District No. 31 in Cook County shall be $12,654,592. |
Notwithstanding any other provision of law, for levy year |
2022, the aggregate extension base of a home equity assurance |
program that levied at least $1,000,000 in property taxes in |
levy year 2019 or 2020 under the Home Equity Assurance Act |
shall be the amount that the program's aggregate extension |
base for levy year 2021 would have been if the program had |
levied a property tax for levy year 2021. |
"Levy year" has the same meaning as "year" under Section |
1-155. |
"New property" means (i) the assessed value, after final |
|
board of review or board of appeals action, of new |
improvements or additions to existing improvements on any |
parcel of real property that increase the assessed value of |
that real property during the levy year multiplied by the |
equalization factor issued by the Department under Section |
17-30, (ii) the assessed value, after final board of review or |
board of appeals action, of real property not exempt from real |
estate taxation, which real property was exempt from real |
estate taxation for any portion of the immediately preceding |
levy year, multiplied by the equalization factor issued by the |
Department under Section 17-30, including the assessed value, |
upon final stabilization of occupancy after new construction |
is complete, of any real property located within the |
boundaries of an otherwise or previously exempt military |
reservation that is intended for residential use and owned by |
or leased to a private corporation or other entity, (iii) in |
counties that classify in accordance with Section 4 of Article |
IX of the Illinois Constitution, an incentive property's |
additional assessed value resulting from a scheduled increase |
in the level of assessment as applied to the first year final |
board of review market value, and (iv) any increase in |
assessed value due to oil or gas production from an oil or gas |
well required to be permitted under the Hydraulic Fracturing |
Regulatory Act that was not produced in or accounted for |
during the previous levy year. In addition, the county clerk |
in a county containing a population of 3,000,000 or more shall |
|
include in the 1997 recovered tax increment value for any |
school district, any recovered tax increment value that was |
applicable to the 1995 tax year calculations. |
"Qualified airport authority" means an airport authority |
organized under the Airport Authorities Act and located in a |
county bordering on the State of Wisconsin and having a |
population in excess of 200,000 and not greater than 500,000. |
"Recovered tax increment value" means, except as otherwise |
provided in this paragraph, the amount of the current year's |
equalized assessed value, in the first year after a |
municipality terminates the designation of an area as a |
redevelopment project area previously established under the |
Tax Increment Allocation Redevelopment Act in the Illinois |
Municipal Code, previously established under the Industrial |
Jobs Recovery Law in the Illinois Municipal Code, previously |
established under the Economic Development Project Area Tax |
Increment Act of 1995, or previously established under the |
Economic Development Area Tax Increment Allocation Act, of |
each taxable lot, block, tract, or parcel of real property in |
the redevelopment project area over and above the initial |
equalized assessed value of each property in the redevelopment |
project area. For the taxes which are extended for the 1997 |
levy year, the recovered tax increment value for a non-home |
rule taxing district that first became subject to this Law for |
the 1995 levy year because a majority of its 1994 equalized |
assessed value was in an affected county or counties shall be |
|
increased if a municipality terminated the designation of an |
area in 1993 as a redevelopment project area previously |
established under the Tax Increment Allocation Redevelopment |
Act in the Illinois Municipal Code, previously established |
under the Industrial Jobs Recovery Law in the Illinois |
Municipal Code, or previously established under the Economic |
Development Area Tax Increment Allocation Act, by an amount |
equal to the 1994 equalized assessed value of each taxable |
lot, block, tract, or parcel of real property in the |
redevelopment project area over and above the initial |
equalized assessed value of each property in the redevelopment |
project area. In the first year after a municipality removes a |
taxable lot, block, tract, or parcel of real property from a |
redevelopment project area established under the Tax Increment |
Allocation Redevelopment Act in the Illinois Municipal Code, |
the Industrial Jobs Recovery Law in the Illinois Municipal |
Code, or the Economic Development Area Tax Increment |
Allocation Act, "recovered tax increment value" means the |
amount of the current year's equalized assessed value of each |
taxable lot, block, tract, or parcel of real property removed |
from the redevelopment project area over and above the initial |
equalized assessed value of that real property before removal |
from the redevelopment project area. |
Except as otherwise provided in this Section, "limiting |
rate" means a fraction the numerator of which is the last |
preceding aggregate extension base times an amount equal to |
|
one plus the extension limitation defined in this Section and |
the denominator of which is the current year's equalized |
assessed value of all real property in the territory under the |
jurisdiction of the taxing district during the prior levy |
year. For those taxing districts that reduced their aggregate |
extension for the last preceding levy year, except for school |
districts that reduced their extension for educational |
purposes pursuant to Section 18-206, the highest aggregate |
extension in any of the last 3 preceding levy years shall be |
used for the purpose of computing the limiting rate. The |
denominator shall not include new property or the recovered |
tax increment value. If a new rate, a rate decrease, or a |
limiting rate increase has been approved at an election held |
after March 21, 2006, then (i) the otherwise applicable |
limiting rate shall be increased by the amount of the new rate |
or shall be reduced by the amount of the rate decrease, as the |
case may be, or (ii) in the case of a limiting rate increase, |
the limiting rate shall be equal to the rate set forth in the |
proposition approved by the voters for each of the years |
specified in the proposition, after which the limiting rate of |
the taxing district shall be calculated as otherwise provided. |
In the case of a taxing district that obtained referendum |
approval for an increased limiting rate on March 20, 2012, the |
limiting rate for tax year 2012 shall be the rate that |
generates the approximate total amount of taxes extendable for |
that tax year, as set forth in the proposition approved by the |
|
voters; this rate shall be the final rate applied by the county |
clerk for the aggregate of all capped funds of the district for |
tax year 2012. |
(Source: P.A. 102-263, eff. 8-6-21; 102-311, eff. 8-6-21; |
102-519, eff. 8-20-21; 102-558, eff. 8-20-21; 102-707, eff. |
4-22-22; 102-813, eff. 5-13-22; 102-895, eff. 5-23-22; |
103-154, eff. 6-30-23.) |
Section 25-15. The School Code is amended by changing |
Sections 10-22.36, 17-2.11, 19-1, and 20-2 as follows: |
(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36) |
Sec. 10-22.36. Buildings for school purposes. |
(a) To build or purchase a building for school classroom |
or instructional purposes upon the approval of a majority of |
the voters upon the proposition at a referendum held for such |
purpose or in accordance with Section 17-2.11, 19-3.5, or |
19-3.10. The board may initiate such referendum by resolution. |
The board shall certify the resolution and proposition to the |
proper election authority for submission in accordance with |
the general election law. |
The questions of building one or more new buildings for |
school purposes or office facilities, and issuing bonds for |
the purpose of borrowing money to purchase one or more |
buildings or sites for such buildings or office sites, to |
build one or more new buildings for school purposes or office |
|
facilities or to make additions and improvements to existing |
school buildings, may be combined into one or more |
propositions on the ballot. |
Before erecting, or purchasing or remodeling such a |
building the board shall submit the plans and specifications |
respecting heating, ventilating, lighting, seating, water |
supply, toilets and safety against fire to the regional |
superintendent of schools having supervision and control over |
the district, for approval in accordance with Section 2-3.12. |
Notwithstanding any of the foregoing, no referendum shall |
be required if the purchase, construction, or building of any |
such building (1) occurs while the building is being leased by |
the school district or (2) is paid with (A) funds derived from |
the sale or disposition of other buildings, land, or |
structures of the school district or (B) funds received (i) as |
a grant under the School Construction Law or (ii) as gifts or |
donations, provided that no funds to purchase, construct, or |
build such building, other than lease payments, are derived |
from the district's bonded indebtedness or the tax levy of the |
district. |
Notwithstanding any of the foregoing, no referendum shall |
be required if the purchase, construction, or building of any |
such building is paid with funds received from the County |
School Facility and Resources Occupation Tax Law under Section |
5-1006.7 of the Counties Code or from the proceeds of bonds or |
other debt obligations secured by revenues obtained from that |
|
Law. |
Notwithstanding any of the foregoing, for Decatur School |
District Number 61, no referendum shall be required if at |
least 50% of the cost of the purchase, construction, or |
building of any such building is paid, or will be paid, with |
funds received or expected to be received as part of, or |
otherwise derived from, any COVID-19 pandemic relief program |
or funding source, including, but not limited to, Elementary |
and Secondary School Emergency Relief Fund grant proceeds. |
(b) Notwithstanding the provisions of subsection (a), for |
any school district: (i) that is a tier 1 school, (ii) that has |
a population of less than 50,000 inhabitants, (iii) whose |
student population is between 5,800 and 6,300, (iv) in which |
57% to 62% of students are low-income, and (v) whose average |
district spending is between $10,000 to $12,000 per pupil, |
until July 1, 2025, no referendum shall be required if at least |
50% of the cost of the purchase, construction, or building of |
any such building is paid, or will be paid, with funds received |
or expected to be received as part of, or otherwise derived |
from, the federal Consolidated Appropriations Act and the |
federal American Rescue Plan Act of 2021. |
For this subsection (b), the school board must hold at |
least 2 public hearings, the sole purpose of which shall be to |
discuss the decision to construct a school building and to |
receive input from the community. The notice of each public |
hearing that sets forth the time, date, place, and name or |
|
description of the school building that the school board is |
considering constructing must be provided at least 10 days |
prior to the hearing by publication on the school board's |
Internet website. |
(c) Notwithstanding the provisions of subsections |
subsection (a) and (b), for Cahokia Community Unit School |
District 187, no referendum shall be required for the lease of |
any building for school or educational purposes if the cost is |
paid or will be paid with funds available at the time of the |
lease in the district's existing fund balances to fund the |
lease of a building during the 2023-2024 or 2024-2025 school |
year. |
For the purposes of this subsection (c), the school board |
must hold at least 2 public hearings, the sole purpose of which |
shall be to discuss the decision to lease a school building and |
to receive input from the community. The notice of each public |
hearing that sets forth the time, date, place, and name or |
description of the school building that the school board is |
considering leasing must be provided at least 10 days prior to |
the hearing by publication on the school district's website. |
(d) (c) Notwithstanding the provisions of subsections |
subsection (a) and (b), for Bloomington School District 87, no |
referendum shall be required for the purchase, construction, |
or building of any building for school or education purposes |
if such cost is paid , or will be paid with funds available at |
the time of contract, purchase, construction, or building in |
|
Bloomington School District Number 87's existing fund balances |
to fund the procurement or requisition of a building or site |
during the 2022-2023, 2023-2024, or 2024-2025 school year |
years . |
For this subsection (d) (c) , the school board must hold at |
least 2 public hearings, the sole purpose of which shall be to |
discuss the decision to construct a school building and to |
receive input from the community. The notice of each public |
hearing that sets forth the time, date, place, and name or |
description of the school building that the school board is |
considering constructing must be provided at least 10 days |
prior to the hearing by publication on the school board's |
website. |
(e) Notwithstanding the provisions of subsection (a) and |
(b), beginning September 1, 2024, no referendum shall be |
required to build or purchase a building for school classroom |
or instructional purposes if, prior to the building or |
purchase of the building, the board determines, by resolution, |
that the building or purchase will result in an increase in |
pre-kindergarten or kindergarten classroom space in the |
district. |
(Source: P.A. 102-16, eff. 6-17-21; 102-699, eff. 7-1-22; |
103-8, eff. 6-7-23; 103-509, eff. 8-4-23; revised 8-31-23.) |
(105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11) |
Sec. 17-2.11. School board power to levy a tax or to borrow |
|
money and issue bonds for fire prevention, safety, energy |
conservation, accessibility, school security, and specified |
repair purposes. |
(a) Whenever, as a result of any lawful order of any |
agency, other than a school board, having authority to enforce |
any school building code applicable to any facility that |
houses students, or any law or regulation for the protection |
and safety of the environment, pursuant to the Environmental |
Protection Act, any school district having a population of |
less than 500,000 inhabitants is required to alter or |
reconstruct any school building or permanent, fixed equipment; |
the district may, by proper resolution, levy a tax for the |
purpose of making such alteration or reconstruction, based on |
a survey report by an architect or engineer licensed in this |
State, upon all of the taxable property of the district at the |
value as assessed by the Department of Revenue and at a rate |
not to exceed 0.05% per year for a period sufficient to finance |
such alteration or reconstruction, upon the following |
conditions: |
(1) When there are not sufficient funds available in |
the operations and maintenance fund of the school |
district, the school facility occupation tax fund of the |
district, or the fire prevention and safety fund of the |
district, as determined by the district on the basis of |
rules adopted by the State Board of Education, to make |
such alteration or reconstruction or to purchase and |
|
install such permanent, fixed equipment so ordered or |
determined as necessary. Appropriate school district |
records must be made available to the State Superintendent |
of Education, upon request, to confirm this insufficiency. |
(2) When a certified estimate of an architect or |
engineer licensed in this State stating the estimated |
amount necessary to make the alteration or reconstruction |
or to purchase and install the equipment so ordered has |
been secured by the school district, and the estimate has |
been approved by the regional superintendent of schools |
having jurisdiction over the district and the State |
Superintendent of Education. Approval must not be granted |
for any work that has already started without the prior |
express authorization of the State Superintendent of |
Education. If the estimate is not approved or is denied |
approval by the regional superintendent of schools within |
3 months after the date on which it is submitted to him or |
her, the school board of the district may submit the |
estimate directly to the State Superintendent of Education |
for approval or denial. |
In the case of an emergency situation, where the estimated |
cost to effectuate emergency repairs is less than the amount |
specified in Section 10-20.21 of this Code, the school |
district may proceed with such repairs prior to approval by |
the State Superintendent of Education, but shall comply with |
the provisions of subdivision (2) of this subsection (a) as |
|
soon thereafter as may be as well as Section 10-20.21 of this |
Code. If the estimated cost to effectuate emergency repairs is |
greater than the amount specified in Section 10-20.21 of this |
Code, then the school district shall proceed in conformity |
with Section 10-20.21 of this Code and with rules established |
by the State Board of Education to address such situations. |
The rules adopted by the State Board of Education to deal with |
these situations shall stipulate that emergency situations |
must be expedited and given priority consideration. For |
purposes of this paragraph, an emergency is a situation that |
presents an imminent and continuing threat to the health and |
safety of students or other occupants of a facility, requires |
complete or partial evacuation of a building or part of a |
building, or consumes one or more of the 5 emergency days built |
into the adopted calendar of the school or schools or would |
otherwise be expected to cause such school or schools to fall |
short of the minimum school calendar requirements. |
(b) Whenever any such district determines that it is |
necessary for energy conservation purposes that any school |
building or permanent, fixed equipment should be altered or |
reconstructed and that such alterations or reconstruction will |
be made with funds not necessary for the completion of |
approved and recommended projects contained in any safety |
survey report or amendments thereto authorized by Section |
2-3.12 of this Act; the district may levy a tax or issue bonds |
as provided in subsection (a) of this Section. |
|
(c) Whenever any such district determines that it is |
necessary for accessibility purposes and to comply with the |
school building code that any school building or equipment |
should be altered or reconstructed and that such alterations |
or reconstruction will be made with funds not necessary for |
the completion of approved and recommended projects contained |
in any safety survey report or amendments thereto authorized |
under Section 2-3.12 of this Act, the district may levy a tax |
or issue bonds as provided in subsection (a) of this Section. |
(d) Whenever any such district determines that it is |
necessary for school security purposes and the related |
protection and safety of pupils and school personnel that any |
school building or property should be altered or reconstructed |
or that security systems and equipment (including but not |
limited to intercom, early detection and warning, access |
control and television monitoring systems) should be purchased |
and installed, and that such alterations, reconstruction or |
purchase and installation of equipment will be made with funds |
not necessary for the completion of approved and recommended |
projects contained in any safety survey report or amendment |
thereto authorized by Section 2-3.12 of this Act and will |
deter and prevent unauthorized entry or activities upon school |
property by unknown or dangerous persons, assure early |
detection and advance warning of any such actual or attempted |
unauthorized entry or activities and help assure the continued |
safety of pupils and school staff if any such unauthorized |
|
entry or activity is attempted or occurs; the district may |
levy a tax or issue bonds as provided in subsection (a) of this |
Section. |
If such a school district determines that it is necessary |
for school security purposes and the related protection and |
safety of pupils and school staff to hire a school resource |
officer or that personnel costs for school counselors, mental |
health experts, or school resource officers are necessary and |
the district determines that it does not need funds for any of |
the other purposes set forth in this Section, then the |
district may levy a tax or issue bonds as provided in |
subsection (a). |
(e) If a school district does not need funds for other fire |
prevention and safety projects, including the completion of |
approved and recommended projects contained in any safety |
survey report or amendments thereto authorized by Section |
2-3.12 of this Act, and it is determined after a public hearing |
(which is preceded by at least one published notice (i) |
occurring at least 7 days prior to the hearing in a newspaper |
of general circulation within the school district and (ii) |
setting forth the time, date, place, and general subject |
matter of the hearing) that there is a substantial, immediate, |
and otherwise unavoidable threat to the health, safety, or |
welfare of pupils due to disrepair of school sidewalks, |
playgrounds, parking lots, or school bus turnarounds and |
repairs must be made; then the district may levy a tax or issue |
|
bonds as provided in subsection (a) of this Section. |
(f) For purposes of this Section a school district may |
replace a school building or build additions to replace |
portions of a building when it is determined that the |
effectuation of the recommendations for the existing building |
will cost more than the replacement costs. Such determination |
shall be based on a comparison of estimated costs made by an |
architect or engineer licensed in the State of Illinois. The |
new building or addition shall be equivalent in area (square |
feet) and comparable in purpose and grades served and may be on |
the same site or another site. Such replacement may only be |
done upon order of the regional superintendent of schools and |
the approval of the State Superintendent of Education. |
(g) The filing of a certified copy of the resolution |
levying the tax when accompanied by the certificates of the |
regional superintendent of schools and State Superintendent of |
Education shall be the authority of the county clerk to extend |
such tax. |
(h) The county clerk of the county in which any school |
district levying a tax under the authority of this Section is |
located, in reducing raised levies, shall not consider any |
such tax as a part of the general levy for school purposes and |
shall not include the same in the limitation of any other tax |
rate which may be extended. |
Such tax shall be levied and collected in like manner as |
all other taxes of school districts, subject to the provisions |
|
contained in this Section. |
(i) The tax rate limit specified in this Section may be |
increased to .10% upon the approval of a proposition to effect |
such increase by a majority of the electors voting on that |
proposition at a regular scheduled election. Such proposition |
may be initiated by resolution of the school board and shall be |
certified by the secretary to the proper election authorities |
for submission in accordance with the general election law. |
(j) When taxes are levied by any school district for fire |
prevention, safety, energy conservation, and school security |
purposes as specified in this Section, and the purposes for |
which the taxes have been levied are accomplished and paid in |
full, and there remain funds on hand in the Fire Prevention and |
Safety Fund from the proceeds of the taxes levied, including |
interest earnings thereon, the school board by resolution |
shall use such excess and other board restricted funds, |
excluding bond proceeds and earnings from such proceeds, as |
follows: |
(1) for other authorized fire prevention, safety, |
energy conservation, required safety inspections, school |
security purposes, sampling for lead in drinking water in |
schools, and for repair and mitigation due to lead levels |
in the drinking water supply; or |
(2) for transfer to the Operations and Maintenance |
Fund for the purpose of abating an equal amount of |
operations and maintenance purposes taxes. |
|
Notwithstanding subdivision (2) of this subsection (j) and |
subsection (k) of this Section, through June 30, 2021, the |
school board may, by proper resolution following a public |
hearing set by the school board or the president of the school |
board (that is preceded (i) by at least one published notice |
over the name of the clerk or secretary of the board, occurring |
at least 7 days and not more than 30 days prior to the hearing, |
in a newspaper of general circulation within the school |
district and (ii) by posted notice over the name of the clerk |
or secretary of the board, at least 48 hours before the |
hearing, at the principal office of the school board or at the |
building where the hearing is to be held if a principal office |
does not exist, with both notices setting forth the time, |
date, place, and subject matter of the hearing), transfer |
surplus life safety taxes and interest earnings thereon to the |
Operations and Maintenance Fund for building repair work. |
(k) If any transfer is made to the Operation and |
Maintenance Fund, the secretary of the school board shall |
within 30 days notify the county clerk of the amount of that |
transfer and direct the clerk to abate the taxes to be extended |
for the purposes of operations and maintenance authorized |
under Section 17-2 of this Act by an amount equal to such |
transfer. |
(l) If the proceeds from the tax levy authorized by this |
Section are insufficient to complete the work approved under |
this Section, the school board is authorized to sell bonds |
|
without referendum under the provisions of this Section in an |
amount that, when added to the proceeds of the tax levy |
authorized by this Section, will allow completion of the |
approved work. |
(m) Any bonds issued pursuant to this Section shall bear |
interest at a rate not to exceed the maximum rate authorized by |
law at the time of the making of the contract, shall mature |
within 20 years from date, and shall be signed by the president |
of the school board and the treasurer of the school district. |
The authorized amount of bonds issued pursuant to this Section |
may be increased by an amount not to exceed 3% of that |
authorized amount to provide for expenses of issuing the |
bonds, including underwriter's compensation and costs of bond |
insurance or other credit enhancement, and also an amount to |
pay capitalized interest as otherwise permitted by law. |
(n) In order to authorize and issue such bonds, the school |
board shall adopt a resolution fixing the amount of bonds, the |
date thereof, the maturities thereof, rates of interest |
thereof, place of payment and denomination, which shall be in |
denominations of not less than $100 and not more than $5,000, |
and provide for the levy and collection of a direct annual tax |
upon all the taxable property in the school district |
sufficient to pay the principal and interest on such bonds to |
maturity. Upon the filing in the office of the county clerk of |
the county in which the school district is located of a |
certified copy of the resolution, it is the duty of the county |
|
clerk to extend the tax therefor in addition to and in excess |
of all other taxes heretofore or hereafter authorized to be |
levied by such school district. |
(o) After the time such bonds are issued as provided for by |
this Section, if additional alterations or reconstructions are |
required to be made because of surveys conducted by an |
architect or engineer licensed in the State of Illinois, the |
district may levy a tax at a rate not to exceed .05% per year |
upon all the taxable property of the district or issue |
additional bonds, whichever action shall be the most feasible. |
(p) This Section is cumulative and constitutes complete |
authority for the issuance of bonds as provided in this |
Section notwithstanding any other statute or law to the |
contrary. |
(q) With respect to instruments for the payment of money |
issued under this Section either before, on, or after the |
effective date of Public Act 86-004 (June 6, 1989), it is, and |
always has been, the intention of the General Assembly (i) |
that the Omnibus Bond Acts are, and always have been, |
supplementary grants of power to issue instruments in |
accordance with the Omnibus Bond Acts, regardless of any |
provision of this Act that may appear to be or to have been |
more restrictive than those Acts, (ii) that the provisions of |
this Section are not a limitation on the supplementary |
authority granted by the Omnibus Bond Acts, and (iii) that |
instruments issued under this Section within the supplementary |
|
authority granted by the Omnibus Bond Acts are not invalid |
because of any provision of this Act that may appear to be or |
to have been more restrictive than those Acts. |
(r) When the purposes for which the bonds are issued have |
been accomplished and paid for in full and there remain funds |
on hand from the proceeds of the bond sale and interest |
earnings therefrom, the board shall, by resolution, use such |
excess funds in accordance with the provisions of Section |
10-22.14 of this Act. |
(s) Whenever any tax is levied or bonds issued for fire |
prevention, safety, energy conservation, and school security |
purposes, such proceeds shall be deposited and accounted for |
separately within the Fire Prevention and Safety Fund. |
(Source: P.A. 100-465, eff. 8-31-17; 101-455, eff. 8-23-19; |
101-643, eff. 6-18-20.) |
(105 ILCS 5/19-1) |
Sec. 19-1. Debt limitations of school districts. |
(a) School districts shall not be subject to the |
provisions limiting their indebtedness prescribed in the Local |
Government Debt Limitation Act. |
No school districts maintaining grades K through 8 or 9 |
through 12 shall become indebted in any manner or for any |
purpose to an amount, including existing indebtedness, in the |
aggregate exceeding 6.9% on the value of the taxable property |
therein to be ascertained by the last assessment for State and |
|
county taxes or, until January 1, 1983, if greater, the sum |
that is produced by multiplying the school district's 1978 |
equalized assessed valuation by the debt limitation percentage |
in effect on January 1, 1979, previous to the incurring of such |
indebtedness. |
No school districts maintaining grades K through 12 shall |
become indebted in any manner or for any purpose to an amount, |
including existing indebtedness, in the aggregate exceeding |
13.8% on the value of the taxable property therein to be |
ascertained by the last assessment for State and county taxes |
or, until January 1, 1983, if greater, the sum that is produced |
by multiplying the school district's 1978 equalized assessed |
valuation by the debt limitation percentage in effect on |
January 1, 1979, previous to the incurring of such |
indebtedness. |
No partial elementary unit district, as defined in Article |
11E of this Code, shall become indebted in any manner or for |
any purpose in an amount, including existing indebtedness, in |
the aggregate exceeding 6.9% of the value of the taxable |
property of the entire district, to be ascertained by the last |
assessment for State and county taxes, plus an amount, |
including existing indebtedness, in the aggregate exceeding |
6.9% of the value of the taxable property of that portion of |
the district included in the elementary and high school |
classification, to be ascertained by the last assessment for |
State and county taxes. Moreover, no partial elementary unit |
|
district, as defined in Article 11E of this Code, shall become |
indebted on account of bonds issued by the district for high |
school purposes in the aggregate exceeding 6.9% of the value |
of the taxable property of the entire district, to be |
ascertained by the last assessment for State and county taxes, |
nor shall the district become indebted on account of bonds |
issued by the district for elementary purposes in the |
aggregate exceeding 6.9% of the value of the taxable property |
for that portion of the district included in the elementary |
and high school classification, to be ascertained by the last |
assessment for State and county taxes. |
Notwithstanding the provisions of any other law to the |
contrary, in any case in which the voters of a school district |
have approved a proposition for the issuance of bonds of such |
school district at an election held prior to January 1, 1979, |
and all of the bonds approved at such election have not been |
issued, the debt limitation applicable to such school district |
during the calendar year 1979 shall be computed by multiplying |
the value of taxable property therein, including personal |
property, as ascertained by the last assessment for State and |
county taxes, previous to the incurring of such indebtedness, |
by the percentage limitation applicable to such school |
district under the provisions of this subsection (a). |
(a-5) After January 1, 2018, no school district may issue |
bonds under Sections 19-2 through 19-7 of this Code and rely on |
an exception to the debt limitations in this Section unless it |
|
has complied with the requirements of Section 21 of the Bond |
Issue Notification Act and the bonds have been approved by |
referendum. |
(b) Notwithstanding the debt limitation prescribed in |
subsection (a) of this Section, additional indebtedness may be |
incurred in an amount not to exceed the estimated cost of |
acquiring or improving school sites or constructing and |
equipping additional building facilities under the following |
conditions: |
(1) Whenever the enrollment of students for the next |
school year is estimated by the board of education to |
increase over the actual present enrollment by not less |
than 35% or by not less than 200 students or the actual |
present enrollment of students has increased over the |
previous school year by not less than 35% or by not less |
than 200 students and the board of education determines |
that additional school sites or building facilities are |
required as a result of such increase in enrollment; and |
(2) When the Regional Superintendent of Schools having |
jurisdiction over the school district and the State |
Superintendent of Education concur in such enrollment |
projection or increase and approve the need for such |
additional school sites or building facilities and the |
estimated cost thereof; and |
(3) When the voters in the school district approve a |
proposition for the issuance of bonds for the purpose of |
|
acquiring or improving such needed school sites or |
constructing and equipping such needed additional building |
facilities at an election called and held for that |
purpose. Notice of such an election shall state that the |
amount of indebtedness proposed to be incurred would |
exceed the debt limitation otherwise applicable to the |
school district. The ballot for such proposition shall |
state what percentage of the equalized assessed valuation |
will be outstanding in bonds if the proposed issuance of |
bonds is approved by the voters; or |
(4) Notwithstanding the provisions of paragraphs (1) |
through (3) of this subsection (b), if the school board |
determines that additional facilities are needed to |
provide a quality educational program and not less than |
2/3 of those voting in an election called by the school |
board on the question approve the issuance of bonds for |
the construction of such facilities, the school district |
may issue bonds for this purpose; or |
(5) Notwithstanding the provisions of paragraphs (1) |
through (3) of this subsection (b), if (i) the school |
district has previously availed itself of the provisions |
of paragraph (4) of this subsection (b) to enable it to |
issue bonds, (ii) the voters of the school district have |
not defeated a proposition for the issuance of bonds since |
the referendum described in paragraph (4) of this |
subsection (b) was held, (iii) the school board determines |
|
that additional facilities are needed to provide a quality |
educational program, and (iv) a majority of those voting |
in an election called by the school board on the question |
approve the issuance of bonds for the construction of such |
facilities, the school district may issue bonds for this |
purpose. |
In no event shall the indebtedness incurred pursuant to |
this subsection (b) and the existing indebtedness of the |
school district exceed 15% of the value of the taxable |
property therein to be ascertained by the last assessment for |
State and county taxes, previous to the incurring of such |
indebtedness or, until January 1, 1983, if greater, the sum |
that is produced by multiplying the school district's 1978 |
equalized assessed valuation by the debt limitation percentage |
in effect on January 1, 1979. |
The indebtedness provided for by this subsection (b) shall |
be in addition to and in excess of any other debt limitation. |
(c) Notwithstanding the debt limitation prescribed in |
subsection (a) of this Section, in any case in which a public |
question for the issuance of bonds of a proposed school |
district maintaining grades kindergarten through 12 received |
at least 60% of the valid ballots cast on the question at an |
election held on or prior to November 8, 1994, and in which the |
bonds approved at such election have not been issued, the |
school district pursuant to the requirements of Section 11A-10 |
(now repealed) may issue the total amount of bonds approved at |
|
such election for the purpose stated in the question. |
(d) Notwithstanding the debt limitation prescribed in |
subsection (a) of this Section, a school district that meets |
all the criteria set forth in paragraphs (1) and (2) of this |
subsection (d) may incur an additional indebtedness in an |
amount not to exceed $4,500,000, even though the amount of the |
additional indebtedness authorized by this subsection (d), |
when incurred and added to the aggregate amount of |
indebtedness of the district existing immediately prior to the |
district incurring the additional indebtedness authorized by |
this subsection (d), causes the aggregate indebtedness of the |
district to exceed the debt limitation otherwise applicable to |
that district under subsection (a): |
(1) The additional indebtedness authorized by this |
subsection (d) is incurred by the school district through |
the issuance of bonds under and in accordance with Section |
17-2.11a for the purpose of replacing a school building |
which, because of mine subsidence damage, has been closed |
as provided in paragraph (2) of this subsection (d) or |
through the issuance of bonds under and in accordance with |
Section 19-3 for the purpose of increasing the size of, or |
providing for additional functions in, such replacement |
school buildings, or both such purposes. |
(2) The bonds issued by the school district as |
provided in paragraph (1) above are issued for the |
purposes of construction by the school district of a new |
|
school building pursuant to Section 17-2.11, to replace an |
existing school building that, because of mine subsidence |
damage, is closed as of the end of the 1992-93 school year |
pursuant to action of the regional superintendent of |
schools of the educational service region in which the |
district is located under Section 3-14.22 or are issued |
for the purpose of increasing the size of, or providing |
for additional functions in, the new school building being |
constructed to replace a school building closed as the |
result of mine subsidence damage, or both such purposes. |
(e) (Blank). |
(f) Notwithstanding the provisions of subsection (a) of |
this Section or of any other law, bonds in not to exceed the |
aggregate amount of $5,500,000 and issued by a school district |
meeting the following criteria shall not be considered |
indebtedness for purposes of any statutory limitation and may |
be issued in an amount or amounts, including existing |
indebtedness, in excess of any heretofore or hereafter imposed |
statutory limitation as to indebtedness: |
(1) At the time of the sale of such bonds, the board of |
education of the district shall have determined by |
resolution that the enrollment of students in the district |
is projected to increase by not less than 7% during each of |
the next succeeding 2 school years. |
(2) The board of education shall also determine by |
resolution that the improvements to be financed with the |
|
proceeds of the bonds are needed because of the projected |
enrollment increases. |
(3) The board of education shall also determine by |
resolution that the projected increases in enrollment are |
the result of improvements made or expected to be made to |
passenger rail facilities located in the school district. |
Notwithstanding the provisions of subsection (a) of this |
Section or of any other law, a school district that has availed |
itself of the provisions of this subsection (f) prior to July |
22, 2004 (the effective date of Public Act 93-799) may also |
issue bonds approved by referendum up to an amount, including |
existing indebtedness, not exceeding 25% of the equalized |
assessed value of the taxable property in the district if all |
of the conditions set forth in items (1), (2), and (3) of this |
subsection (f) are met. |
(g) Notwithstanding the provisions of subsection (a) of |
this Section or any other law, bonds in not to exceed an |
aggregate amount of 25% of the equalized assessed value of the |
taxable property of a school district and issued by a school |
district meeting the criteria in paragraphs (i) through (iv) |
of this subsection shall not be considered indebtedness for |
purposes of any statutory limitation and may be issued |
pursuant to resolution of the school board in an amount or |
amounts, including existing indebtedness, in excess of any |
statutory limitation of indebtedness heretofore or hereafter |
imposed: |
|
(i) The bonds are issued for the purpose of |
constructing a new high school building to replace two |
adjacent existing buildings which together house a single |
high school, each of which is more than 65 years old, and |
which together are located on more than 10 acres and less |
than 11 acres of property. |
(ii) At the time the resolution authorizing the |
issuance of the bonds is adopted, the cost of constructing |
a new school building to replace the existing school |
building is less than 60% of the cost of repairing the |
existing school building. |
(iii) The sale of the bonds occurs before July 1, |
1997. |
(iv) The school district issuing the bonds is a unit |
school district located in a county of less than 70,000 |
and more than 50,000 inhabitants, which has an average |
daily attendance of less than 1,500 and an equalized |
assessed valuation of less than $29,000,000. |
(h) Notwithstanding any other provisions of this Section |
or the provisions of any other law, until January 1, 1998, a |
community unit school district maintaining grades K through 12 |
may issue bonds up to an amount, including existing |
indebtedness, not exceeding 27.6% of the equalized assessed |
value of the taxable property in the district, if all of the |
following conditions are met: |
(i) The school district has an equalized assessed |
|
valuation for calendar year 1995 of less than $24,000,000; |
(ii) The bonds are issued for the capital improvement, |
renovation, rehabilitation, or replacement of existing |
school buildings of the district, all of which buildings |
were originally constructed not less than 40 years ago; |
(iii) The voters of the district approve a proposition |
for the issuance of the bonds at a referendum held after |
March 19, 1996; and |
(iv) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of this Code. |
(i) Notwithstanding any other provisions of this Section |
or the provisions of any other law, until January 1, 1998, a |
community unit school district maintaining grades K through 12 |
may issue bonds up to an amount, including existing |
indebtedness, not exceeding 27% of the equalized assessed |
value of the taxable property in the district, if all of the |
following conditions are met: |
(i) The school district has an equalized assessed |
valuation for calendar year 1995 of less than $44,600,000; |
(ii) The bonds are issued for the capital improvement, |
renovation, rehabilitation, or replacement of existing |
school buildings of the district, all of which existing |
buildings were originally constructed not less than 80 |
years ago; |
(iii) The voters of the district approve a proposition |
for the issuance of the bonds at a referendum held after |
|
December 31, 1996; and |
(iv) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of this Code. |
(j) Notwithstanding any other provisions of this Section |
or the provisions of any other law, until January 1, 1999, a |
community unit school district maintaining grades K through 12 |
may issue bonds up to an amount, including existing |
indebtedness, not exceeding 27% of the equalized assessed |
value of the taxable property in the district if all of the |
following conditions are met: |
(i) The school district has an equalized assessed |
valuation for calendar year 1995 of less than $140,000,000 |
and a best 3 months average daily attendance for the |
1995-96 school year of at least 2,800; |
(ii) The bonds are issued to purchase a site and build |
and equip a new high school, and the school district's |
existing high school was originally constructed not less |
than 35 years prior to the sale of the bonds; |
(iii) At the time of the sale of the bonds, the board |
of education determines by resolution that a new high |
school is needed because of projected enrollment |
increases; |
(iv) At least 60% of those voting in an election held |
after December 31, 1996 approve a proposition for the |
issuance of the bonds; and |
(v) The bonds are issued pursuant to Sections 19-2 |
|
through 19-7 of this Code. |
(k) Notwithstanding the debt limitation prescribed in |
subsection (a) of this Section, a school district that meets |
all the criteria set forth in paragraphs (1) through (4) of |
this subsection (k) may issue bonds to incur an additional |
indebtedness in an amount not to exceed $4,000,000 even though |
the amount of the additional indebtedness authorized by this |
subsection (k), when incurred and added to the aggregate |
amount of indebtedness of the school district existing |
immediately prior to the school district incurring such |
additional indebtedness, causes the aggregate indebtedness of |
the school district to exceed or increases the amount by which |
the aggregate indebtedness of the district already exceeds the |
debt limitation otherwise applicable to that school district |
under subsection (a): |
(1) the school district is located in 2 counties, and |
a referendum to authorize the additional indebtedness was |
approved by a majority of the voters of the school |
district voting on the proposition to authorize that |
indebtedness; |
(2) the additional indebtedness is for the purpose of |
financing a multi-purpose room addition to the existing |
high school; |
(3) the additional indebtedness, together with the |
existing indebtedness of the school district, shall not |
exceed 17.4% of the value of the taxable property in the |
|
school district, to be ascertained by the last assessment |
for State and county taxes; and |
(4) the bonds evidencing the additional indebtedness |
are issued, if at all, within 120 days of August 14, 1998 |
(the effective date of Public Act 90-757). |
(l) Notwithstanding any other provisions of this Section |
or the provisions of any other law, until January 1, 2000, a |
school district maintaining grades kindergarten through 8 may |
issue bonds up to an amount, including existing indebtedness, |
not exceeding 15% of the equalized assessed value of the |
taxable property in the district if all of the following |
conditions are met: |
(i) the district has an equalized assessed valuation |
for calendar year 1996 of less than $10,000,000; |
(ii) the bonds are issued for capital improvement, |
renovation, rehabilitation, or replacement of one or more |
school buildings of the district, which buildings were |
originally constructed not less than 70 years ago; |
(iii) the voters of the district approve a proposition |
for the issuance of the bonds at a referendum held on or |
after March 17, 1998; and |
(iv) the bonds are issued pursuant to Sections 19-2 |
through 19-7 of this Code. |
(m) Notwithstanding any other provisions of this Section |
or the provisions of any other law, until January 1, 1999, an |
elementary school district maintaining grades K through 8 may |
|
issue bonds up to an amount, excluding existing indebtedness, |
not exceeding 18% of the equalized assessed value of the |
taxable property in the district, if all of the following |
conditions are met: |
(i) The school district has an equalized assessed |
valuation for calendar year 1995 or less than $7,700,000; |
(ii) The school district operates 2 elementary |
attendance centers that until 1976 were operated as the |
attendance centers of 2 separate and distinct school |
districts; |
(iii) The bonds are issued for the construction of a |
new elementary school building to replace an existing |
multi-level elementary school building of the school |
district that is not accessible at all levels and parts of |
which were constructed more than 75 years ago; |
(iv) The voters of the school district approve a |
proposition for the issuance of the bonds at a referendum |
held after July 1, 1998; and |
(v) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of this Code. |
(n) Notwithstanding the debt limitation prescribed in |
subsection (a) of this Section or any other provisions of this |
Section or of any other law, a school district that meets all |
of the criteria set forth in paragraphs (i) through (vi) of |
this subsection (n) may incur additional indebtedness by the |
issuance of bonds in an amount not exceeding the amount |
|
certified by the Capital Development Board to the school |
district as provided in paragraph (iii) of this subsection |
(n), even though the amount of the additional indebtedness so |
authorized, when incurred and added to the aggregate amount of |
indebtedness of the district existing immediately prior to the |
district incurring the additional indebtedness authorized by |
this subsection (n), causes the aggregate indebtedness of the |
district to exceed the debt limitation otherwise applicable by |
law to that district: |
(i) The school district applies to the State Board of |
Education for a school construction project grant and |
submits a district facilities plan in support of its |
application pursuant to Section 5-20 of the School |
Construction Law. |
(ii) The school district's application and facilities |
plan are approved by, and the district receives a grant |
entitlement for a school construction project issued by, |
the State Board of Education under the School Construction |
Law. |
(iii) The school district has exhausted its bonding |
capacity or the unused bonding capacity of the district is |
less than the amount certified by the Capital Development |
Board to the district under Section 5-15 of the School |
Construction Law as the dollar amount of the school |
construction project's cost that the district will be |
required to finance with non-grant funds in order to |
|
receive a school construction project grant under the |
School Construction Law. |
(iv) The bonds are issued for a "school construction |
project", as that term is defined in Section 5-5 of the |
School Construction Law, in an amount that does not exceed |
the dollar amount certified, as provided in paragraph |
(iii) of this subsection (n), by the Capital Development |
Board to the school district under Section 5-15 of the |
School Construction Law. |
(v) The voters of the district approve a proposition |
for the issuance of the bonds at a referendum held after |
the criteria specified in paragraphs (i) and (iii) of this |
subsection (n) are met. |
(vi) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of the School Code. |
(o) Notwithstanding any other provisions of this Section |
or the provisions of any other law, until November 1, 2007, a |
community unit school district maintaining grades K through 12 |
may issue bonds up to an amount, including existing |
indebtedness, not exceeding 20% of the equalized assessed |
value of the taxable property in the district if all of the |
following conditions are met: |
(i) the school district has an equalized assessed |
valuation for calendar year 2001 of at least $737,000,000 |
and an enrollment for the 2002-2003 school year of at |
least 8,500; |
|
(ii) the bonds are issued to purchase school sites, |
build and equip a new high school, build and equip a new |
junior high school, build and equip 5 new elementary |
schools, and make technology and other improvements and |
additions to existing schools; |
(iii) at the time of the sale of the bonds, the board |
of education determines by resolution that the sites and |
new or improved facilities are needed because of projected |
enrollment increases; |
(iv) at least 57% of those voting in a general |
election held prior to January 1, 2003 approved a |
proposition for the issuance of the bonds; and |
(v) the bonds are issued pursuant to Sections 19-2 |
through 19-7 of this Code. |
(p) Notwithstanding any other provisions of this Section |
or the provisions of any other law, a community unit school |
district maintaining grades K through 12 may issue bonds up to |
an amount, including indebtedness, not exceeding 27% of the |
equalized assessed value of the taxable property in the |
district if all of the following conditions are met: |
(i) The school district has an equalized assessed |
valuation for calendar year 2001 of at least $295,741,187 |
and a best 3 months' average daily attendance for the |
2002-2003 school year of at least 2,394. |
(ii) The bonds are issued to build and equip 3 |
elementary school buildings; build and equip one middle |
|
school building; and alter, repair, improve, and equip all |
existing school buildings in the district. |
(iii) At the time of the sale of the bonds, the board |
of education determines by resolution that the project is |
needed because of expanding growth in the school district |
and a projected enrollment increase. |
(iv) The bonds are issued pursuant to Sections 19-2 |
through 19-7 of this Code. |
(p-5) Notwithstanding any other provisions of this Section |
or the provisions of any other law, bonds issued by a community |
unit school district maintaining grades K through 12 shall not |
be considered indebtedness for purposes of any statutory |
limitation and may be issued in an amount or amounts, |
including existing indebtedness, in excess of any heretofore |
or hereafter imposed statutory limitation as to indebtedness, |
if all of the following conditions are met: |
(i) For each of the 4 most recent years, residential |
property comprises more than 80% of the equalized assessed |
valuation of the district. |
(ii) At least 2 school buildings that were constructed |
40 or more years prior to the issuance of the bonds will be |
demolished and will be replaced by new buildings or |
additions to one or more existing buildings. |
(iii) Voters of the district approve a proposition for |
the issuance of the bonds at a regularly scheduled |
election. |
|
(iv) At the time of the sale of the bonds, the school |
board determines by resolution that the new buildings or |
building additions are needed because of an increase in |
enrollment projected by the school board. |
(v) The principal amount of the bonds, including |
existing indebtedness, does not exceed 25% of the |
equalized assessed value of the taxable property in the |
district. |
(vi) The bonds are issued prior to January 1, 2007, |
pursuant to Sections 19-2 through 19-7 of this Code. |
(p-10) Notwithstanding any other provisions of this |
Section or the provisions of any other law, bonds issued by a |
community consolidated school district maintaining grades K |
through 8 shall not be considered indebtedness for purposes of |
any statutory limitation and may be issued in an amount or |
amounts, including existing indebtedness, in excess of any |
heretofore or hereafter imposed statutory limitation as to |
indebtedness, if all of the following conditions are met: |
(i) For each of the 4 most recent years, residential |
and farm property comprises more than 80% of the equalized |
assessed valuation of the district. |
(ii) The bond proceeds are to be used to acquire and |
improve school sites and build and equip a school |
building. |
(iii) Voters of the district approve a proposition for |
the issuance of the bonds at a regularly scheduled |
|
election. |
(iv) At the time of the sale of the bonds, the school |
board determines by resolution that the school sites and |
building additions are needed because of an increase in |
enrollment projected by the school board. |
(v) The principal amount of the bonds, including |
existing indebtedness, does not exceed 20% of the |
equalized assessed value of the taxable property in the |
district. |
(vi) The bonds are issued prior to January 1, 2007, |
pursuant to Sections 19-2 through 19-7 of this Code. |
(p-15) In addition to all other authority to issue bonds, |
the Oswego Community Unit School District Number 308 may issue |
bonds with an aggregate principal amount not to exceed |
$450,000,000, but only if all of the following conditions are |
met: |
(i) The voters of the district have approved a |
proposition for the bond issue at the general election |
held on November 7, 2006. |
(ii) At the time of the sale of the bonds, the school |
board determines, by resolution, that: (A) the building |
and equipping of the new high school building, new junior |
high school buildings, new elementary school buildings, |
early childhood building, maintenance building, |
transportation facility, and additions to existing school |
buildings, the altering, repairing, equipping, and |
|
provision of technology improvements to existing school |
buildings, and the acquisition and improvement of school |
sites, as the case may be, are required as a result of a |
projected increase in the enrollment of students in the |
district; and (B) the sale of bonds for these purposes is |
authorized by legislation that exempts the debt incurred |
on the bonds from the district's statutory debt |
limitation. |
(iii) The bonds are issued, in one or more bond |
issues, on or before November 7, 2011, but the aggregate |
principal amount issued in all such bond issues combined |
must not exceed $450,000,000. |
(iv) The bonds are issued in accordance with this |
Article 19. |
(v) The proceeds of the bonds are used only to |
accomplish those projects approved by the voters at the |
general election held on November 7, 2006. |
The debt incurred on any bonds issued under this subsection |
(p-15) shall not be considered indebtedness for purposes of |
any statutory debt limitation. |
(p-20) In addition to all other authority to issue bonds, |
the Lincoln-Way Community High School District Number 210 may |
issue bonds with an aggregate principal amount not to exceed |
$225,000,000, but only if all of the following conditions are |
met: |
(i) The voters of the district have approved a |
|
proposition for the bond issue at the general primary |
election held on March 21, 2006. |
(ii) At the time of the sale of the bonds, the school |
board determines, by resolution, that: (A) the building |
and equipping of the new high school buildings, the |
altering, repairing, and equipping of existing school |
buildings, and the improvement of school sites, as the |
case may be, are required as a result of a projected |
increase in the enrollment of students in the district; |
and (B) the sale of bonds for these purposes is authorized |
by legislation that exempts the debt incurred on the bonds |
from the district's statutory debt limitation. |
(iii) The bonds are issued, in one or more bond |
issues, on or before March 21, 2011, but the aggregate |
principal amount issued in all such bond issues combined |
must not exceed $225,000,000. |
(iv) The bonds are issued in accordance with this |
Article 19. |
(v) The proceeds of the bonds are used only to |
accomplish those projects approved by the voters at the |
primary election held on March 21, 2006. |
The debt incurred on any bonds issued under this subsection |
(p-20) shall not be considered indebtedness for purposes of |
any statutory debt limitation. |
(p-25) In addition to all other authority to issue bonds, |
Rochester Community Unit School District 3A may issue bonds |
|
with an aggregate principal amount not to exceed $18,500,000, |
but only if all of the following conditions are met: |
(i) The voters of the district approve a proposition |
for the bond issuance at the general primary election held |
in 2008. |
(ii) At the time of the sale of the bonds, the school |
board determines, by resolution, that: (A) the building |
and equipping of a new high school building; the addition |
of classrooms and support facilities at the high school, |
middle school, and elementary school; the altering, |
repairing, and equipping of existing school buildings; and |
the improvement of school sites, as the case may be, are |
required as a result of a projected increase in the |
enrollment of students in the district; and (B) the sale |
of bonds for these purposes is authorized by a law that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation. |
(iii) The bonds are issued, in one or more bond |
issues, on or before December 31, 2012, but the aggregate |
principal amount issued in all such bond issues combined |
must not exceed $18,500,000. |
(iv) The bonds are issued in accordance with this |
Article 19. |
(v) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at the primary |
election held in 2008. |
|
The debt incurred on any bonds issued under this subsection |
(p-25) shall not be considered indebtedness for purposes of |
any statutory debt limitation. |
(p-30) In addition to all other authority to issue bonds, |
Prairie Grove Consolidated School District 46 may issue bonds |
with an aggregate principal amount not to exceed $30,000,000, |
but only if all of the following conditions are met: |
(i) The voters of the district approve a proposition |
for the bond issuance at an election held in 2008. |
(ii) At the time of the sale of the bonds, the school |
board determines, by resolution, that (A) the building and |
equipping of a new school building and additions to |
existing school buildings are required as a result of a |
projected increase in the enrollment of students in the |
district and (B) the altering, repairing, and equipping of |
existing school buildings are required because of the age |
of the existing school buildings. |
(iii) The bonds are issued, in one or more bond |
issuances, on or before December 31, 2012; however, the |
aggregate principal amount issued in all such bond |
issuances combined must not exceed $30,000,000. |
(iv) The bonds are issued in accordance with this |
Article. |
(v) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held in 2008. |
|
The debt incurred on any bonds issued under this subsection |
(p-30) shall not be considered indebtedness for purposes of |
any statutory debt limitation. |
(p-35) In addition to all other authority to issue bonds, |
Prairie Hill Community Consolidated School District 133 may |
issue bonds with an aggregate principal amount not to exceed |
$13,900,000, but only if all of the following conditions are |
met: |
(i) The voters of the district approved a proposition |
for the bond issuance at an election held on April 17, |
2007. |
(ii) At the time of the sale of the bonds, the school |
board determines, by resolution, that (A) the improvement |
of the site of and the building and equipping of a school |
building are required as a result of a projected increase |
in the enrollment of students in the district and (B) the |
repairing and equipping of the Prairie Hill Elementary |
School building is required because of the age of that |
school building. |
(iii) The bonds are issued, in one or more bond |
issuances, on or before December 31, 2011, but the |
aggregate principal amount issued in all such bond |
issuances combined must not exceed $13,900,000. |
(iv) The bonds are issued in accordance with this |
Article. |
(v) The proceeds of the bonds are used to accomplish |
|
only those projects approved by the voters at an election |
held on April 17, 2007. |
The debt incurred on any bonds issued under this subsection |
(p-35) shall not be considered indebtedness for purposes of |
any statutory debt limitation. |
(p-40) In addition to all other authority to issue bonds, |
Mascoutah Community Unit District 19 may issue bonds with an |
aggregate principal amount not to exceed $55,000,000, but only |
if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at a regular election held on or |
after November 4, 2008. |
(2) At the time of the sale of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of a new high school building is required as a |
result of a projected increase in the enrollment of |
students in the district and the age and condition of the |
existing high school building, (ii) the existing high |
school building will be demolished, and (iii) the sale of |
bonds is authorized by statute that exempts the debt |
incurred on the bonds from the district's statutory debt |
limitation. |
(3) The bonds are issued, in one or more bond |
issuances, on or before December 31, 2011, but the |
aggregate principal amount issued in all such bond |
issuances combined must not exceed $55,000,000. |
|
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at a regular |
election held on or after November 4, 2008. |
The debt incurred on any bonds issued under this |
subsection (p-40) shall not be considered indebtedness for |
purposes of any statutory debt limitation. |
(p-45) Notwithstanding the provisions of subsection (a) of |
this Section or of any other law, bonds issued pursuant to |
Section 19-3.5 of this Code shall not be considered |
indebtedness for purposes of any statutory limitation if the |
bonds are issued in an amount or amounts, including existing |
indebtedness of the school district, not in excess of 18.5% of |
the value of the taxable property in the district to be |
ascertained by the last assessment for State and county taxes. |
(p-50) Notwithstanding the provisions of subsection (a) of |
this Section or of any other law, bonds issued pursuant to |
Section 19-3.10 of this Code shall not be considered |
indebtedness for purposes of any statutory limitation if the |
bonds are issued in an amount or amounts, including existing |
indebtedness of the school district, not in excess of 43% of |
the value of the taxable property in the district to be |
ascertained by the last assessment for State and county taxes. |
(p-55) In addition to all other authority to issue bonds, |
Belle Valley School District 119 may issue bonds with an |
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aggregate principal amount not to exceed $47,500,000, but only |
if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after April |
7, 2009. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result |
of mine subsidence in an existing school building and |
because of the age and condition of another existing |
school building and (ii) the issuance of bonds is |
authorized by statute that exempts the debt incurred on |
the bonds from the district's statutory debt limitation. |
(3) The bonds are issued, in one or more bond |
issuances, on or before March 31, 2014, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $47,500,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after April 7, 2009. |
The debt incurred on any bonds issued under this |
subsection (p-55) shall not be considered indebtedness for |
purposes of any statutory debt limitation. Bonds issued under |
this subsection (p-55) must mature within not to exceed 30 |
|
years from their date, notwithstanding any other law to the |
contrary. |
(p-60) In addition to all other authority to issue bonds, |
Wilmington Community Unit School District Number 209-U may |
issue bonds with an aggregate principal amount not to exceed |
$2,285,000, but only if all of the following conditions are |
met: |
(1) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at the general |
primary election held on March 21, 2006. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the projects |
approved by the voters were and are required because of |
the age and condition of the school district's prior and |
existing school buildings and (ii) the issuance of the |
bonds is authorized by legislation that exempts the debt |
incurred on the bonds from the district's statutory debt |
limitation. |
(3) The bonds are issued in one or more bond issuances |
on or before March 1, 2011, but the aggregate principal |
amount issued in all those bond issuances combined must |
not exceed $2,285,000. |
(4) The bonds are issued in accordance with this |
Article. |
The debt incurred on any bonds issued under this |
subsection (p-60) shall not be considered indebtedness for |
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purposes of any statutory debt limitation. |
(p-65) In addition to all other authority to issue bonds, |
West Washington County Community Unit School District 10 may |
issue bonds with an aggregate principal amount not to exceed |
$32,200,000 and maturing over a period not exceeding 25 years, |
but only if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after |
February 2, 2010. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (A) all or a portion |
of the existing Okawville Junior/Senior High School |
Building will be demolished; (B) the building and |
equipping of a new school building to be attached to and |
the alteration, repair, and equipping of the remaining |
portion of the Okawville Junior/Senior High School |
Building is required because of the age and current |
condition of that school building; and (C) the issuance of |
bonds is authorized by a statute that exempts the debt |
incurred on the bonds from the district's statutory debt |
limitation. |
(3) The bonds are issued, in one or more bond |
issuances, on or before March 31, 2014, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $32,200,000. |
(4) The bonds are issued in accordance with this |
|
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after February 2, 2010. |
The debt incurred on any bonds issued under this |
subsection (p-65) shall not be considered indebtedness for |
purposes of any statutory debt limitation. |
(p-70) In addition to all other authority to issue bonds, |
Cahokia Community Unit School District 187 may issue bonds |
with an aggregate principal amount not to exceed $50,000,000, |
but only if all the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after |
November 2, 2010. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result |
of the age and condition of an existing school building |
and (ii) the issuance of bonds is authorized by a statute |
that exempts the debt incurred on the bonds from the |
district's statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, on |
or before July 1, 2016, but the aggregate principal amount |
issued in all such bond issuances combined must not exceed |
$50,000,000. |
(4) The bonds are issued in accordance with this |
|
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after November 2, 2010. |
The debt incurred on any bonds issued under this |
subsection (p-70) shall not be considered indebtedness for |
purposes of any statutory debt limitation. Bonds issued under |
this subsection (p-70) must mature within not to exceed 25 |
years from their date, notwithstanding any other law, |
including Section 19-3 of this Code, to the contrary. |
(p-75) Notwithstanding the debt limitation prescribed in |
subsection (a) of this Section or any other provisions of this |
Section or of any other law, the execution of leases on or |
after January 1, 2007 and before July 1, 2011 by the Board of |
Education of Peoria School District 150 with a public building |
commission for leases entered into pursuant to the Public |
Building Commission Act shall not be considered indebtedness |
for purposes of any statutory debt limitation. |
This subsection (p-75) applies only if the State Board of |
Education or the Capital Development Board makes one or more |
grants to Peoria School District 150 pursuant to the School |
Construction Law. The amount exempted from the debt limitation |
as prescribed in this subsection (p-75) shall be no greater |
than the amount of one or more grants awarded to Peoria School |
District 150 by the State Board of Education or the Capital |
Development Board. |
|
(p-80) In addition to all other authority to issue bonds, |
Ridgeland School District 122 may issue bonds with an |
aggregate principal amount not to exceed $50,000,000 for the |
purpose of refunding or continuing to refund bonds originally |
issued pursuant to voter approval at the general election held |
on November 7, 2000, and the debt incurred on any bonds issued |
under this subsection (p-80) shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-80) may be issued in one |
or more issuances and must mature within not to exceed 25 years |
from their date, notwithstanding any other law, including |
Section 19-3 of this Code, to the contrary. |
(p-85) In addition to all other authority to issue bonds, |
Hall High School District 502 may issue bonds with an |
aggregate principal amount not to exceed $32,000,000, but only |
if all the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after April |
9, 2013. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result |
of the age and condition of an existing school building, |
(ii) the existing school building should be demolished in |
its entirety or the existing school building should be |
demolished except for the 1914 west wing of the building, |
|
and (iii) the issuance of bonds is authorized by a statute |
that exempts the debt incurred on the bonds from the |
district's statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $32,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after April 9, 2013. |
The debt incurred on any bonds issued under this |
subsection (p-85) shall not be considered indebtedness for |
purposes of any statutory debt limitation. Bonds issued under |
this subsection (p-85) must mature within not to exceed 30 |
years from their date, notwithstanding any other law, |
including Section 19-3 of this Code, to the contrary. |
(p-90) In addition to all other authority to issue bonds, |
Lebanon Community Unit School District 9 may issue bonds with |
an aggregate principal amount not to exceed $7,500,000, but |
only if all of the following conditions are met: |
(1) The voters of the district approved a proposition |
for the bond issuance at the general primary election on |
February 2, 2010. |
|
(2) At or prior to the time of the sale of the bonds, |
the school board determines, by resolution, that (i) the |
building and equipping of a new elementary school building |
is required as a result of a projected increase in the |
enrollment of students in the district and the age and |
condition of the existing Lebanon Elementary School |
building, (ii) a portion of the existing Lebanon |
Elementary School building will be demolished and the |
remaining portion will be altered, repaired, and equipped, |
and (iii) the sale of bonds is authorized by a statute that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more bond |
issuances, on or before April 1, 2014, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $7,500,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at the general |
primary election held on February 2, 2010. |
The debt incurred on any bonds issued under this |
subsection (p-90) shall not be considered indebtedness for |
purposes of any statutory debt limitation. |
(p-95) In addition to all other authority to issue bonds, |
Monticello Community Unit School District 25 may issue bonds |
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with an aggregate principal amount not to exceed $35,000,000, |
but only if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after |
November 4, 2014. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result |
of the age and condition of an existing school building |
and (ii) the issuance of bonds is authorized by a statute |
that exempts the debt incurred on the bonds from the |
district's statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, on |
or before July 1, 2020, but the aggregate principal amount |
issued in all such bond issuances combined must not exceed |
$35,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after November 4, 2014. |
The debt incurred on any bonds issued under this |
subsection (p-95) shall not be considered indebtedness for |
purposes of any statutory debt limitation. Bonds issued under |
this subsection (p-95) must mature within not to exceed 25 |
years from their date, notwithstanding any other law, |
|
including Section 19-3 of this Code, to the contrary. |
(p-100) In addition to all other authority to issue bonds, |
the community unit school district created in the territory |
comprising Milford Community Consolidated School District 280 |
and Milford Township High School District 233, as approved at |
the general primary election held on March 18, 2014, may issue |
bonds with an aggregate principal amount not to exceed |
$17,500,000, but only if all the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after |
November 4, 2014. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result |
of the age and condition of an existing school building |
and (ii) the issuance of bonds is authorized by a statute |
that exempts the debt incurred on the bonds from the |
district's statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, on |
or before July 1, 2020, but the aggregate principal amount |
issued in all such bond issuances combined must not exceed |
$17,500,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
|
held on or after November 4, 2014. |
The debt incurred on any bonds issued under this |
subsection (p-100) shall not be considered indebtedness for |
purposes of any statutory debt limitation. Bonds issued under |
this subsection (p-100) must mature within not to exceed 25 |
years from their date, notwithstanding any other law, |
including Section 19-3 of this Code, to the contrary. |
(p-105) In addition to all other authority to issue bonds, |
North Shore School District 112 may issue bonds with an |
aggregate principal amount not to exceed $150,000,000, but |
only if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after March |
15, 2016. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of new buildings and improving the sites thereof |
and the building and equipping of additions to, altering, |
repairing, equipping, and renovating existing buildings |
and improving the sites thereof are required as a result |
of the age and condition of the district's existing |
buildings and (ii) the issuance of bonds is authorized by |
a statute that exempts the debt incurred on the bonds from |
the district's statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
|
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $150,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after March 15, 2016. |
The debt incurred on any bonds issued under this |
subsection (p-105) and on any bonds issued to refund or |
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-105) and any bonds |
issued to refund or continue to refund such bonds must mature |
within not to exceed 30 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-110) In addition to all other authority to issue bonds, |
Sandoval Community Unit School District 501 may issue bonds |
with an aggregate principal amount not to exceed $2,000,000, |
but only if all of the following conditions are met: |
(1) The voters of the district approved a proposition |
for the bond issuance at an election held on March 20, |
2012. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
|
equipping of a new school building is required because of |
the age and current condition of the Sandoval Elementary |
School building and (ii) the issuance of bonds is |
authorized by a statute that exempts the debt incurred on |
the bonds from the district's statutory debt limitation. |
(3) The bonds are issued, in one or more bond |
issuances, on or before March 19, 2022, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $2,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at the election |
held on March 20, 2012. |
The debt incurred on any bonds issued under this |
subsection (p-110) and on any bonds issued to refund or |
continue to refund the bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
(p-115) In addition to all other authority to issue bonds, |
Bureau Valley Community Unit School District 340 may issue |
bonds with an aggregate principal amount not to exceed |
$25,000,000, but only if all of the following conditions are |
met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after March |
15, 2016. |
|
(2) Prior to the issuances of the bonds, the school |
board determines, by resolution, that (i) the renovating |
and equipping of some existing school buildings, the |
building and equipping of new school buildings, and the |
demolishing of some existing school buildings are required |
as a result of the age and condition of existing school |
buildings and (ii) the issuance of bonds is authorized by |
a statute that exempts the debt incurred on the bonds from |
the district's statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, on |
or before July 1, 2021, but the aggregate principal amount |
issued in all such bond issuances combined must not exceed |
$25,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after March 15, 2016. |
The debt incurred on any bonds issued under this |
subsection (p-115) shall not be considered indebtedness for |
purposes of any statutory debt limitation. Bonds issued under |
this subsection (p-115) must mature within not to exceed 30 |
years from their date, notwithstanding any other law, |
including Section 19-3 of this Code, to the contrary. |
(p-120) In addition to all other authority to issue bonds, |
Paxton-Buckley-Loda Community Unit School District 10 may |
|
issue bonds with an aggregate principal amount not to exceed |
$28,500,000, but only if all the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after |
November 8, 2016. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the projects as |
described in said proposition, relating to the building |
and equipping of one or more school buildings or additions |
to existing school buildings, are required as a result of |
the age and condition of the District's existing buildings |
and (ii) the issuance of bonds is authorized by a statute |
that exempts the debt incurred on the bonds from the |
district's statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $28,500,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after November 8, 2016. |
The debt incurred on any bonds issued under this |
subsection (p-120) and on any bonds issued to refund or |
|
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-120) and any bonds |
issued to refund or continue to refund such bonds must mature |
within not to exceed 25 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-125) In addition to all other authority to issue bonds, |
Hillsboro Community Unit School District 3 may issue bonds |
with an aggregate principal amount not to exceed $34,500,000, |
but only if all the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after March |
15, 2016. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) altering, |
repairing, and equipping the high school |
agricultural/vocational building, demolishing the high |
school main, cafeteria, and gym buildings, building and |
equipping a school building, and improving sites are |
required as a result of the age and condition of the |
district's existing buildings and (ii) the issuance of |
bonds is authorized by a statute that exempts the debt |
incurred on the bonds from the district's statutory debt |
limitation. |
(3) The bonds are issued, in one or more issuances, |
|
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $34,500,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after March 15, 2016. |
The debt incurred on any bonds issued under this |
subsection (p-125) and on any bonds issued to refund or |
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-125) and any bonds |
issued to refund or continue to refund such bonds must mature |
within not to exceed 25 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-130) In addition to all other authority to issue bonds, |
Waltham Community Consolidated School District 185 may incur |
indebtedness in an aggregate principal amount not to exceed |
$9,500,000 to build and equip a new school building and |
improve the site thereof, but only if all the following |
conditions are met: |
(1) A majority of the voters of the district voting on |
an advisory question voted in favor of the question |
|
regarding the use of funding sources to build a new school |
building without increasing property tax rates at the |
general election held on November 8, 2016. |
(2) Prior to incurring the debt, the school board |
enters into intergovernmental agreements with the City of |
LaSalle to pledge moneys in a special tax allocation fund |
associated with tax increment financing districts LaSalle |
I and LaSalle III and with the Village of Utica to pledge |
moneys in a special tax allocation fund associated with |
tax increment financing district Utica I for the purposes |
of repaying the debt issued pursuant to this subsection |
(p-130). Notwithstanding any other provision of law to the |
contrary, the intergovernmental agreement may extend these |
tax increment financing districts as necessary to ensure |
repayment of the debt. |
(3) Prior to incurring the debt, the school board |
determines, by resolution, that (i) the building and |
equipping of a new school building is required as a result |
of the age and condition of the district's existing |
buildings and (ii) the debt is authorized by a statute |
that exempts the debt from the district's statutory debt |
limitation. |
(4) The debt is incurred, in one or more issuances, |
not later than January 1, 2021, and the aggregate |
principal amount of debt issued in all such issuances |
combined must not exceed $9,500,000. |
|
The debt incurred under this subsection (p-130) and on any |
bonds issued to pay, refund, or continue to refund such debt |
shall not be considered indebtedness for purposes of any |
statutory debt limitation. Debt issued under this subsection |
(p-130) and any bonds issued to pay, refund, or continue to |
refund such debt must mature within not to exceed 25 years from |
their date, notwithstanding any other law, including Section |
19-11 of this Code and subsection (b) of Section 17 of the |
Local Government Debt Reform Act, to the contrary. |
(p-133) Notwithstanding the provisions of subsection (a) |
of this Section or of any other law, bonds heretofore or |
hereafter issued by East Prairie School District 73 with an |
aggregate principal amount not to exceed $47,353,147 and |
approved by the voters of the district at the general election |
held on November 8, 2016, and any bonds issued to refund or |
continue to refund the bonds, shall not be considered |
indebtedness for the purposes of any statutory debt limitation |
and may mature within not to exceed 25 years from their date, |
notwithstanding any other law, including Section 19-3 of this |
Code, to the contrary. |
(p-135) In addition to all other authority to issue bonds, |
Brookfield LaGrange Park School District Number 95 may issue |
bonds with an aggregate principal amount not to exceed |
$20,000,000, but only if all the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after April |
|
4, 2017. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the additions |
and renovations to the Brook Park Elementary and S. E. |
Gross Middle School buildings are required to accommodate |
enrollment growth, replace outdated facilities, and create |
spaces consistent with 21st century learning and (ii) the |
issuance of the bonds is authorized by a statute that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $20,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after April 4, 2017. |
The debt incurred on any bonds issued under this |
subsection (p-135) and on any bonds issued to refund or |
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
(p-140) The debt incurred on any bonds issued by Wolf |
Branch School District 113 under Section 17-2.11 of this Code |
|
for the purpose of repairing or replacing all or a portion of a |
school building that has been damaged by mine subsidence in an |
aggregate principal amount not to exceed $17,500,000 and on |
any bonds issued to refund or continue to refund those bonds |
shall not be considered indebtedness for purposes of any |
statutory debt limitation and must mature no later than 25 |
years from the date of issuance, notwithstanding any other |
provision of law to the contrary, including Section 19-3 of |
this Code. The maximum allowable amount of debt exempt from |
statutory debt limitations under this subsection (p-140) shall |
be reduced by an amount equal to any grants awarded by the |
State Board of Education or Capital Development Board for the |
explicit purpose of repairing or reconstructing a school |
building damaged by mine subsidence. |
(p-145) In addition to all other authority to issue bonds, |
Greenview Community Unit School District 200 may issue bonds |
with an aggregate principal amount not to exceed $3,500,000, |
but only if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on March 17, |
2020. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that the bonding is |
necessary for construction and expansion of the district's |
kindergarten through grade 12 facility. |
(3) The bonds are issued, in one or more issuances, |
|
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $3,500,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only the projects approved by the voters at an election |
held on March 17, 2020. |
The debt incurred on any bonds issued under this |
subsection (p-145) and on any bonds issued to refund or |
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-145) and any bonds |
issued to refund or continue to refund such bonds must mature |
within not to exceed 25 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-150) In addition to all other authority to issue bonds, |
Komarek School District 94 may issue bonds with an aggregate |
principal amount not to exceed $20,800,000, but only if all of |
the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after March |
17, 2020. |
(2) Prior to the issuance of the bonds, the school |
|
board determines, by resolution, that (i) building and |
equipping additions to, altering, repairing, equipping, or |
demolishing a portion of, or improving the site of the |
district's existing school building is required as a |
result of the age and condition of the existing building |
and (ii) the issuance of the bonds is authorized by a |
statute that exempts the debt incurred on the bonds from |
the district's statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, no |
later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all of the bond issuances |
combined may not exceed $20,800,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at an election |
held on or after March 17, 2020. |
The debt incurred on any bonds issued under this |
subsection (p-150) and on any bonds issued to refund or |
continue to refund those bonds may not be considered |
indebtedness for purposes of any statutory debt limitation. |
Notwithstanding any other law to the contrary, including |
Section 19-3, bonds issued under this subsection (p-150) and |
any bonds issued to refund or continue to refund those bonds |
must mature within 30 years from their date of issuance. |
|
(p-155) In addition to all other authority to issue bonds, |
Williamsville Community Unit School District 15 may issue |
bonds with an aggregate principal amount not to exceed |
$40,000,000, but only if all of the following conditions are |
met: |
(1) The voters of the school district approve a |
proposition for the bond issuance at an election held on |
March 17, 2020. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that the projects set |
forth in the proposition for the bond issuance were and |
are required because of the age and condition of the |
school district's existing school buildings. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $40,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only the projects approved by the voters at an election |
held on March 17, 2020. |
The debt incurred on any bonds issued under this |
subsection (p-155) and on any bonds issued to refund or |
continue to refund such bonds shall not be considered |
|
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-155) and any bonds |
issued to refund or continue to refund such bonds must mature |
within not to exceed 25 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-160) In addition to all other authority to issue bonds, |
Berkeley School District 87 may issue bonds with an aggregate |
principal amount not to exceed $105,000,000, but only if all |
of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at the general primary election held |
on March 17, 2020. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) building and |
equipping a school building to replace the Sunnyside |
Intermediate and MacArthur Middle School buildings; |
building and equipping additions to and altering, |
repairing, and equipping the Riley Intermediate and |
Northlake Middle School buildings; altering, repairing, |
and equipping the Whittier Primary and Jefferson Primary |
School buildings; improving sites; renovating |
instructional spaces; providing STEM (science, technology, |
engineering, and mathematics) labs; and constructing life |
safety, security, and infrastructure improvements are |
required to replace outdated facilities and to provide |
|
safe spaces consistent with 21st century learning and (ii) |
the issuance of bonds is authorized by a statute that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $105,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only those projects approved by the voters at the general |
primary election held on March 17, 2020. |
The debt incurred on any bonds issued under this |
subsection (p-160) and on any bonds issued to refund or |
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
(p-165) In addition to all other authority to issue bonds, |
Elmwood Park Community Unit School District 401 may issue |
bonds with an aggregate principal amount not to exceed |
$55,000,000, but only if all of the following conditions are |
met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after March |
17, 2020. |
|
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the building and |
equipping of an addition to the John Mills Elementary |
School building; the renovating, altering, repairing, and |
equipping of the John Mills and Elmwood Elementary School |
buildings; the installation of safety and security |
improvements; and the improvement of school sites are |
required as a result of the age and condition of the |
district's existing school buildings and (ii) the issuance |
of bonds is authorized by a statute that exempts the debt |
incurred on the bonds from the district's statutory debt |
limitation. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $55,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only the projects approved by the voters at an election |
held on or after March 17, 2020. |
The debt incurred on any bonds issued under this |
subsection (p-165) and on any bonds issued to refund or |
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
|
Bonds issued under this subsection (p-165) and any bonds |
issued to refund or continue to refund such bonds must mature |
within not to exceed 25 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-170) In addition to all other authority to issue bonds, |
Maroa-Forsyth Community Unit School District 2 may issue bonds |
with an aggregate principal amount not to exceed $33,000,000, |
but only if all of the following conditions are met: |
(1) The voters of the school district approve a |
proposition for the bond issuance at an election held on |
March 17, 2020. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that the projects set |
forth in the proposition for the bond issuance were and |
are required because of the age and condition of the |
school district's existing school buildings. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $33,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only the projects approved by the voters at an election |
|
held on March 17, 2020. |
The debt incurred on any bonds issued under this |
subsection (p-170) and on any bonds issued to refund or |
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-170) and any bonds |
issued to refund or continue to refund such bonds must mature |
within not to exceed 25 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-175) In addition to all other authority to issue bonds, |
Schiller Park School District 81 may issue bonds with an |
aggregate principal amount not to exceed $30,000,000, but only |
if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after March |
17, 2020. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) building and |
equipping a school building to replace the Washington |
Elementary School building, installing fire suppression |
systems, security systems, and federal Americans with |
Disability Act of 1990 compliance measures, acquiring |
land, and improving the site are required to accommodate |
enrollment growth, replace an outdated facility, and |
create spaces consistent with 21st century learning and |
|
(ii) the issuance of bonds is authorized by a statute that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $30,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only the projects approved by the voters at an election |
held on or after March 17, 2020. |
The debt incurred on any bonds issued under this |
subsection (p-175) and on any bonds issued to refund or |
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-175) and any bonds |
issued to refund or continue to refund such bonds must mature |
within not to exceed 27 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-180) In addition to all other authority to issue bonds, |
Iroquois County Community Unit School District 9 may issue |
bonds with an aggregate principal amount not to exceed |
$17,125,000, but only if all of the following conditions are |
|
met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after April |
6, 2021. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) building and |
equipping a new school building in the City of Watseka; |
altering, repairing, renovating, and equipping portions of |
the existing facilities of the district; and making site |
improvements is necessary because of the age and condition |
of the district's existing school facilities and (ii) the |
issuance of bonds is authorized by a statute that exempts |
the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $17,125,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only the projects approved by the voters at an election |
held on or after April 6, 2021. |
The debt incurred on any bonds issued under this |
subsection (p-180) and on any bonds issued to refund or |
|
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-180) and any bonds |
issued to refund or continue to refund such bonds must mature |
within not to exceed 25 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-185) In addition to all other authority to issue bonds, |
Field Community Consolidated School District 3 may issue bonds |
with an aggregate principal amount not to exceed $2,600,000, |
but only if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after April |
6, 2021. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) it is necessary |
to alter, repair, renovate, and equip the existing |
facilities of the district, including, but not limited to, |
roof replacement, lighting replacement, electrical |
upgrades, restroom repairs, and gym renovations, and make |
site improvements because of the age and condition of the |
district's existing school facilities and (ii) the |
issuance of bonds is authorized by a statute that exempts |
the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, |
|
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $2,600,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only the projects approved by the voters at an election |
held on or after April 6, 2021. |
The debt incurred on any bonds issued under this |
subsection (p-185) and on any bonds issued to refund or |
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-185) and any bonds |
issued to refund or continue to refund such bonds must mature |
within not to exceed 25 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-190) In addition to all other authority to issue bonds, |
Mahomet-Seymour Community Unit School District 3 may issue |
bonds with an aggregate principal amount not to exceed |
$97,900,000, but only if all the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after June |
28, 2022. |
(2) Prior to the issuance of the bonds, the school |
|
board determines, by resolution, that (i) it is necessary |
to build and equip a new junior high school building, |
build and equip a new transportation building, and build |
and equip additions to, renovate, and make site |
improvements at the Lincoln Trail Elementary building, |
Middletown Prairie Elementary building, and |
Mahomet-Seymour High School building and (ii) the issuance |
of bonds is authorized by a statute that exempts the debt |
incurred on the bonds from the district's statutory debt |
limitation. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $97,900,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only the projects approved by the voters at an election |
held on or after June 28, 2022. |
The debt incurred on any bonds issued under this |
subsection (p-190) and on any bonds issued to refund or |
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-190) and any bonds |
issued to refund or continue to refund such bonds must mature |
|
within not to exceed 25 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-195) In addition to all other authority to issue bonds, |
New Berlin Community Unit School District 16 may issue bonds |
with an aggregate principal amount not to exceed $23,500,000, |
but only if all the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after June |
28, 2022. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) it is necessary |
to alter, repair, and equip the junior/senior high school |
building, including creating new classroom, gym, and other |
instructional spaces, renovating the J.V. Kirby Pretzel |
Dome, improving heating, cooling, and ventilation systems, |
installing school safety and security improvements, |
removing asbestos, and making site improvements, and (ii) |
the issuance of bonds is authorized by a statute that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $23,500,000. |
|
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only the projects approved by the voters at an election |
held on or after June 28, 2022. |
The debt incurred on any bonds issued under this |
subsection (p-195) and on any bonds issued to refund or |
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-195) and any bonds |
issued to refund or continue to refund such bonds must mature |
within not to exceed 25 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-200) In addition to all other authority to issue bonds, |
Highland Community Unit School District 5 may issue bonds with |
an aggregate principal amount not to exceed $40,000,000, but |
only if all the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after June |
28, 2022. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) it is necessary |
to improve the sites of, build, and equip a new primary |
school building and build and equip additions to and |
alter, repair, and equip existing school buildings and |
|
(ii) the issuance of bonds is authorized by a statute that |
exempts the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $40,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only the projects approved by the voters at an election |
held on or after June 28, 2022. |
The debt incurred on any bonds issued under this |
subsection (p-200) and on any bonds issued to refund or |
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-200) and any bonds |
issued to refund or continue to refund such bonds must mature |
within not to exceed 25 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-205) In addition to all other authority to issue bonds, |
Sullivan Community Unit School District 300 may issue bonds |
with an aggregate principal amount not to exceed $25,000,000, |
but only if all of the following conditions are met: |
|
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after June |
28, 2022. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) the projects set |
forth in the proposition for the issuance of the bonds are |
required because of the age, condition, or capacity of the |
school district's existing school buildings and (ii) the |
issuance of bonds is authorized by a statute that exempts |
the debt incurred on the bonds from the district's |
statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $25,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only the projects approved by the voters at an election |
held on or after June 28, 2022. |
The debt incurred on any bonds issued under this |
subsection (p-205) and on any bonds issued to refund or |
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-205) and any bonds |
|
issued to refund or continue to refund such bonds must mature |
within not to exceed 25 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-210) In addition to all other authority to issue bonds, |
Manhattan School District 114 may issue bonds with an |
aggregate principal amount not to exceed $85,000,000, but only |
if all the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after June |
28, 2022. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that the projects set |
forth in the proposition for the bond issuance were and |
are required because of the age, condition, or capacity of |
the school district's existing school buildings. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
approving the issuances of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $85,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only the projects approved by the voters at an election |
held on or after June 28, 2022. |
|
The debt incurred on any bonds issued under this |
subsection (p-210) and on any bonds issued to refund or |
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-210) and any bonds |
issued to refund or continue to refund such bonds must mature |
within not to exceed 30 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-215) In addition to all other authority to issue bonds, |
Golf Elementary School District 67 may issue bonds with an |
aggregate principal amount not to exceed $56,000,000, but only |
if all of the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after June |
28, 2022. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that (i) it is necessary |
to build and equip a new school building and improve the |
site thereof and (ii) the issuance of bonds is authorized |
by a statute that exempts the debt incurred on the bonds |
from the district's statutory debt limitation. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
|
combined must not exceed $56,000,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only the projects approved by the voters at an election |
held on or after June 28, 2022. |
The debt incurred on any bonds issued under this |
subsection (p-215) and on any bonds issued to refund or |
continue to refund such bonds shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-215) and any bonds |
issued to refund or continue to refund such bonds must mature |
within not to exceed 25 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-220) In addition to all other authority to issue bonds, |
Joliet Public Schools District 86 may issue bonds with an |
aggregate principal amount not to exceed $99,500,000, but only |
if all the following conditions are met: |
(1) The voters of the district approve a proposition |
for the bond issuance at an election held on or after April |
4, 2023. |
(2) Prior to the issuance of the bonds, the school |
board determines, by resolution, that the projects set |
forth in the proposition for the bond issuance were and |
are required because of the age and condition of the |
|
school district's existing school buildings. |
(3) The bonds are issued, in one or more issuances, |
not later than 5 years after the date of the referendum |
approving the issuance of the bonds, but the aggregate |
principal amount issued in all such bond issuances |
combined must not exceed $99,500,000. |
(4) The bonds are issued in accordance with this |
Article. |
(5) The proceeds of the bonds are used to accomplish |
only the projects approved by the voters at an election |
held on or after April 4, 2023. |
The debt incurred on any bonds issued under this |
subsection (p-220), and on any bonds issued to refund or |
continue to refund such bonds, shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
Bonds issued under this subsection (p-220) and any bonds |
issued to refund or continue to refund such bonds must mature |
within not to exceed 25 years from their date, notwithstanding |
any other law, including Section 19-3 of this Code, to the |
contrary. |
(p-225) Notwithstanding the provisions of any other law to |
the contrary, debt incurred on any bonds issued under Section |
19-3 of this Code and authorized by an election held on or |
after November 5, 2024, and on any bonds issued to refund or |
continue to refund such bonds, shall not be considered |
indebtedness for purposes of any statutory debt limitation. |
|
Bonds issued under Section 19-3 of this Code and authorized by |
an election held on or after November 5, 2024, and any bonds |
issued to refund or continue to refund such bonds must mature |
within 30 years from their date, notwithstanding any other |
law, including Section 19-3 of this Code, to the contrary. |
(q) A school district must notify the State Board of |
Education prior to issuing any form of long-term or short-term |
debt that will result in outstanding debt that exceeds 75% of |
the debt limit specified in this Section or any other |
provision of law. |
(Source: P.A. 102-316, eff. 8-6-21; 102-949, eff. 5-27-22; |
103-449, eff. 1-1-24 .) |
(105 ILCS 5/20-2) (from Ch. 122, par. 20-2) |
Sec. 20-2. Indebtedness and bonds. For the purpose of |
creating, re-creating, or increasing a working cash fund, the |
school board of any such district may incur an indebtedness |
and issue bonds as evidence thereof in an amount or amounts not |
exceeding in the aggregate 85% of the taxes permitted to be |
levied for educational purposes for the then current year to |
be determined by multiplying the maximum educational tax rate |
or rates applicable to such school district by the last |
assessed valuation or assessed valuations as determined at the |
time of the issue of said bonds, plus 85% of the last known |
entitlement of such district to taxes as by law now or |
hereafter enacted or amended, imposed by the General Assembly |
|
of the State of Illinois to replace revenue lost by units of |
local government and school districts as a result of the |
abolition of ad valorem personal property taxes, pursuant to |
Article IX, Section 5, paragraph (c) of the Constitution of |
the State of Illinois, plus 85% of the most recent amount of |
funding received by the school district under Section 18-8.15. |
The authorized amount of bonds issued pursuant to this Section |
may be increased by an amount not to exceed 3% of that |
authorized amount to provide for expenses of issuing such |
bonds, including underwriter's compensation and costs of bond |
insurance or other credit enhancement, and also an amount to |
pay capitalized interest as otherwise permitted by law. The |
bonds shall bear interest at not more than the maximum rate |
authorized by law and shall mature within 20 years from the |
date thereof. Subject to the foregoing limitations as to |
amount, the bonds may be issued in an amount including |
existing indebtedness which will not exceed the constitutional |
limitation as to debt, notwithstanding any statutory debt |
limitation to the contrary. The school board shall before or |
at the time of issuing the bonds provide for the collection of |
a direct annual tax upon all the taxable property within the |
district sufficient to pay the principal thereof at maturity |
and to pay the interest thereon as it falls due, which tax |
shall be in addition to the maximum amount of all other taxes, |
either educational; transportation; operations and |
maintenance; or fire prevention and safety fund taxes, now or |
|
hereafter authorized and in addition to any limitations upon |
the levy of taxes as provided by Sections 17-2 through 17-9. |
With respect to instruments for the payment of money |
issued under this Section either before, on, or after the |
effective date of this amendatory Act of 1989, it is and always |
has been the intention of the General Assembly (i) that the |
Omnibus Bond Acts are and always have been supplementary |
grants of power to issue instruments in accordance with the |
Omnibus Bond Acts, regardless of any provision of this Act |
that may appear to be or to have been more restrictive than |
those Acts, (ii) that the provisions of this Section are not a |
limitation on the supplementary authority granted by the |
Omnibus Bond Acts, and (iii) that instruments issued under |
this Section within the supplementary authority granted by the |
Omnibus Bond Acts are not invalid because of any provision of |
this Act that may appear to be or to have been more restrictive |
than those Acts. |
(Source: P.A. 101-416, eff. 8-16-19.) |
Article 99. |
Section 99-99. Effective date. This Act takes effect July |
1, 2024. |