Public Act 90-0097 of the 90th General Assembly
Public Act 90-0097
SB69 Enrolled LRB9000568THcw
AN ACT in relation to school technology.
Be it enacted by the People of the State of Illinois,
represented in the General Assembly:
Section 5. The School Code is amended by changing
Sections 10-22.25a and 17-2.2c as follows:
(105 ILCS 5/10-22.25a) (from Ch. 122, par. 10-22.25a)
Sec. 10-22.25a. To obtain personal property, when
authorized by an affirmative vote of 2/3 of the members of
the board, by lease, with or without an option to purchase,
for a period not to exceed 5 years or by purchase under an
installment contract extending over a period of not more than
5 years, with interest at a rate not to exceed the maximum
rate authorized by the Bond Authorization Act, as amended at
the time of the making of the contract; provided that the
term of guaranteed energy savings contracts as defined in
Article 19b of the School Code may exceed 5 years. For the
purpose of this Section, personal property shall include
computer hardware and software and all equipment, fixtures,
renovations, and improvements to existing facilities of the
district necessary to accommodate computers.
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. 86-927; 87-1106.)
(105 ILCS 5/17-2.2c) (from Ch. 122, par. 17-2.2c)
Sec. 17-2.2c. Tax for leasing educational facilities or
computer technology or both, and for temporary relocation
expense purposes. The school board of any district, except
for school boards of districts in municipalities of 500,000
or more, may, by proper resolution levy an annual tax, in
addition to any other taxes and not subject to the
limitations specified elsewhere in this Article, not to
exceed .05% upon the value of the taxable property as
equalized or assessed by the Department of Revenue, for the
purpose of leasing educational facilities or computer
technology or both, and, until the school district has repaid
to the State all moneys distributed to it for temporary
relocation expenses of the district, may levy an annual tax
not to exceed .05% upon the value of the taxable property as
equalized or assessed by the Department of Revenue for the
purpose of providing for the repayment of moneys distributed
for temporary relocation expenses of the school district
pursuant to Section 2-3.77.
The tax rate limit specified by this Section with respect
to an annual tax levied for the purpose of leasing
educational facilities or computer technology or both 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.
The district is authorized to pledge any tax levied
pursuant to this Section for the purpose of leasing
educational facilities or computer technology or both to
secure the payment of any lease, lease-purchase agreement, or
installment purchase agreement entered into by the district
for such purpose.
For the purposes of this Section, "leasing of educational
facilities or computer technology or both" includes any
payment with respect to a lease, lease-purchase agreement, or
installment purchase agreement to acquire or use buildings,
rooms, grounds, and appurtenances to be used by the district
for the use of schools or for school administration purposes
and all equipment, fixtures, renovations, and improvements to
existing facilities of the district necessary to accommodate
computers, as well as computer hardware and software.
Any school district may abolish or abate its fund for
leasing educational facilities or computer technology or both
and for temporary relocation expense purposes upon the
adoption of a resolution so providing and upon a
determination by the school board that the moneys in the fund
are no longer needed for leasing educational facilities or
computer technology or both or for temporary relocation
expense purposes. The resolution shall direct the transfer
of any balance in the fund to another school district fund or
funds immediately upon the resolution taking effect.
Thereafter, any outstanding taxes of the school district
levied pursuant to this Section shall be collected and paid
into the fund or funds as directed by the school board.
Nothing in this Section shall prevent a school district that
has abolished or abated the fund from again creating a fund
for leasing educational facilities and for temporary
relocation expense purposes in the manner provided in this
Section.
(Source: P.A. 89-106, eff. 7-7-95.)
Section 99. Effective date. This Act takes effect upon
becoming a law.