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| Public Act 096-0517 |
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AN ACT concerning education.
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Be it enacted by the People of the State of Illinois,
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represented in the General Assembly:
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Section 3. The Property Tax Code is amended by changing | ||||
Section 18-185 as follows: | ||||
(35 ILCS 200/18-185)
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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:
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"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 the handicapped | ||
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; and (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.
| ||
"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; (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
subsection | ||
(h) 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; (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 the
| ||
handicapped 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 the | ||
handicapped 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; | ||
and (q) made by Ford Heights School District 169 under Section | ||
17-9.02 of the School Code.
| ||
"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 the handicapped 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 taxing district to pay interest or | ||
principal on general obligation bonds issued pursuant to | ||
Section 19-3.10 of the School Code.
| ||
"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 | ||
the effective date of
this amendatory Act of 1997;
(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 effective date
of this amendatory Act of 1997;
(d) | ||
made for any
taxing district to pay interest or principal on | ||
bonds issued to refund or
continue to refund bonds issued after | ||
the effective date of this amendatory Act
of 1997 if the bonds | ||
were approved by referendum after the effective date of
this | ||
amendatory Act of 1997;
(e) made for any
taxing district to pay | ||
interest or principal on
revenue bonds issued before the | ||
effective date of this amendatory Act of 1997
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 effective date
of | ||
this amendatory Act of 1997
to
pay for the building project; | ||
(g) made for payments due under installment
contracts entered | ||
into before the effective date of this amendatory Act of
1997;
| ||
(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 the handicapped 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.
| ||
"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). 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,
and 18-230.
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.
| ||
"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, and
(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.
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 Development 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
Development 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
Development 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, 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.
| ||
(Source: P.A. 94-974, eff. 6-30-06; 94-976, eff. 6-30-06; | ||
94-1078, eff. 1-9-07; 95-90, eff. 1-1-08; 95-331, eff. 8-21-07; | ||
95-404, eff. 1-1-08; 95-876, eff. 8-21-08.)
| ||
Section 5. The School Code is amended by changing Sections | ||
10-22.36 and 19-1 and by adding Sections 19-3.5 and 19-3.10 as | ||
follows:
| ||
(105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
| ||
Sec. 10-22.36. Buildings for school purposes. 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 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, (ii) as gifts or donations,
provided that no funds to | ||
complete such building, other than lease
payments, are
derived | ||
from the district's bonded indebtedness or the tax levy of
the
| ||
district, or (iii) from the County School Facility Occupation | ||
Tax Law under Section 5-1006.7 of the Counties Code.
| ||
(Source: P.A. 95-675, eff. 10-11-07.)
| ||
(105 ILCS 5/19-1) (from Ch. 122, par. 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 "An Act to limit the | ||
indebtedness of counties having
a population of less than | ||
500,000 and townships, school districts and other
municipal | ||
corporations having a population of less than 300,000", | ||
approved
February 15, 1928, as amended.
| ||
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).
| ||
(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 the effective | ||
date of this amendatory Act of 1998.
| ||
(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 handicapped 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 $15,000,000, | ||
but only if all of the following conditions are met: | ||
(i) The voters of the district approve a proposition | ||
for the bond issuance at 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 $15,000,000. | ||
(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. | ||
(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. 94-234, eff. 7-1-06; 94-721, eff. 1-6-06; 94-952, | ||
eff. 6-27-06; 94-1019, eff. 7-10-06; 94-1078, eff. 1-9-07; | ||
95-331, eff. 8-21-07; 95-594, eff. 9-10-07; 95-792, eff. | ||
1-1-09.) | ||
(105 ILCS 5/19-3.5 new) | ||
Sec. 19-3.5. Flood-damaged building. Martinsville | ||
Community Unit School District 3C is authorized to issue bonds | ||
in not to exceed the amount of $4,000,000 for the purpose of | ||
paying the cost of acquiring and improving a school site and | ||
building and equipping a new school building on the site to | ||
replace all or a portion of a school building closed by the | ||
regional superintendent of schools pursuant to Section 3-14.22 | ||
of this Code because of flood damage. The replacement building | ||
may be larger than the size of and offer more functions than | ||
the school building being replaced. Bonds issued pursuant to | ||
this Section may be issued without referendum and shall mature | ||
not more than 25 years from the date of issuance. | ||
(105 ILCS 5/19-3.10 new)
| ||
Sec. 19-3.10. Mine subsidence damaged building. Gillespie | ||
Community Unit School District 7 is authorized to issue bonds | ||
in not to exceed the amount of $22,000,000 for the purpose of | ||
paying the cost of acquiring and improving a school site and | ||
building and equipping a new school building on the site to | ||
replace all or a portion of a school building closed by the | ||
regional superintendent of schools pursuant to Section 3-14.22 | ||
of this Code because of mine subsidence damage. The replacement | ||
building may be larger than the size of and offer more | ||
functions than the school building being replaced. Bonds issued | ||
pursuant to this Section may be issued without referendum and | ||
shall mature not more than 25 years from the date of issuance.
| ||
Section 99. Effective date. This Act takes effect upon | ||
becoming law.
| ||