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| Public Act 098-0131 | ||||
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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 5. The School Code is amended by changing Section | ||||
17-2A as follows:
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(105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)
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Sec. 17-2A. Interfund Transfers. | ||||
(a) 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
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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
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hearing), transfer money 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
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district,
provided that, except during the period from July 1, | ||
2003 through June 30, 2016
2013, such transfer is made solely | ||
for the purpose of meeting one-time,
non-recurring expenses. | ||
Except during the period from July 1, 2003 through
June 30, | ||
2016 and except as otherwise provided in subsection (b) of this | ||
Section 2013, 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. | ||
(b) Notwithstanding subsection (a) of this Section or any
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other provision of this Code to the contrary, the school board
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of any school district (i) that is subject to the Property Tax
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Extension Limitation Law, (ii) that has a population of less
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than 500,000 inhabitants, (iii) that is levying at its maximum
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tax rate, (iv) whose total equalized assessed valuation has
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declined 20% in the prior 2 years, (v) in which 80% or more
of | ||
its students receive free or reduced-price lunch, and (vi) that | ||
had an equalized assessed valuation of less than $207 million | ||
but more than $203 million in the 2011 levy year may annually, | ||
until July 1, 2016, transfer money from any fund of the | ||
district, other than the Illinois Municipal Retirement Fund and | ||
the Bonds and Interest Fund, to the educational fund, the | ||
operations and maintenance fund, or the transportation fund of | ||
the district by proper resolution following a public hearing | ||
set by the school board or the president of the school board, | ||
with notice as provided in subsection (a) of this Section, so | ||
long as the district meets the qualifications set forth in this | ||
subsection (b) on the effective date of this amendatory Act of | ||
the 98th General Assembly even if the district does not meet | ||
those qualifications at the time a given transfer is made.
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(Source: P.A. 95-53, eff. 8-10-07; 96-1201, eff. 7-22-10.)
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Section 10. The Tort Liability of Schools Act is amended by | ||
adding Section 9.5 as follows: | ||
(745 ILCS 25/9.5 new) | ||
Sec. 9.5. Tort immunity fund transfers. Notwithstanding | ||
any provision of the School Code to the contrary, if a school | ||
board determines that there are educational needs that will go | ||
unmet because of a lack of funds in the district's educational, | ||
operations and maintenance, and transportation funds, that | ||
there exists a sufficient fund balance in the district's tort | ||
immunity fund to meet those educational needs, and that a | ||
transfer will not cause the district to realize increased tort | ||
exposure, then the school board of any school district (i) that | ||
is subject to the Property Tax Extension Limitation Law, (ii) | ||
that has a population of less
than 500,000 inhabitants, (iii) | ||
that is levying at its maximum
tax rate, (iv) whose total | ||
equalized assessed valuation has
declined 20% in the prior 2 | ||
years, (v) in which 80% or more
of its students receive free or | ||
reduced-price lunch, and (vi) that had an equalized assessed | ||
valuation of less than $207 million but more than $203 million | ||
in the 2011 levy year may annually, until July 1, 2016, | ||
transfer money from the tort immunity fund of the district to | ||
the educational fund, the operations and maintenance fund, or | ||
the transportation fund of the district by proper resolution | ||
following a public hearing set by the school board or the | ||
president of the school board, with notice as provided in | ||
subsection (a) of Section 17-2A of the School Code, so long as | ||
the district meets the qualifications set forth in this Section | ||
on the effective date of this amendatory Act of the 98th | ||
General Assembly even if the district does not meet those | ||
qualifications at the time a given transfer is made. | ||