Public Act 90-0097 of the 90th General Assembly

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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.

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