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Public Act 92-0127
SB1035 Enrolled LRB9205703NTsb
AN ACT in relation to education.
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 10-22.36 and 17-2A as follows:
(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
Sec. 10-22.36. Buildings for school purposes and offices.
To build or, purchase or move a building for school classroom
or instructional purposes or office facilities 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. 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 or
moving of any such building or office facility is completed
(1) while the building is being leased by the school district
or (2) with the expenditure of (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 complete such building,
other than lease payments, or office facility are derived
from the district's bonded indebtedness or the tax levy of
the district.
(Source: P.A. 86-686; 86-1010; 86-1040; 86-1331; 87-306;
87-984.)
(105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)
Sec. 17-2A. Interfund Transfers. The school board of any
district having a population of less than 500,000
inhabitants, 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 from (1) the Educational Fund to the
Operations and Maintenance Fund or the Transportation Fund,
(2) the Operations and Maintenance Fund to the Educational
Fund or the Transportation Fund, or (3) the Transportation
Fund to the Educational Fund or the Operations and
Maintenance Fund of said district an amount of money not to
exceed 20% of the tax actually received in the transferor
Fund for the year previous to the transfer, provided such
transfer is made solely for the purpose of meeting one-time,
non-recurring expenses. Any other permanent interfund
transfers authorized by any provision or judicial
interpretation of this Code for which the transferee Fund is
not precisely and specifically set forth in the provision of
this Code authorizing such transfer shall be made to the Fund
of the school district most in need of the funds being
transferred, as determined by resolution of the school board.
(Source: P.A. 89-3, eff. 2-27-95.)
Passed in the General Assembly May 01, 2001.
Approved July 20, 2001.
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