[ Search ] [ Legislation ]
[ Home ] [ Back ] [ Bottom ]
91_HB4735
LRB9114452NTks
1 AN ACT to amend the School Code by changing Sections
2 17-2.2c and 17-2.11.
3 Be it enacted by the People of the State of Illinois,
4 represented in the General Assembly:
5 Section 5. The School Code is amended by changing
6 Sections 17-2.2c and 17-2.11 as follows:
7 (105 ILCS 5/17-2.2c) (from Ch. 122, par. 17-2.2c)
8 Sec. 17-2.2c. Tax for leasing educational facilities, or
9 computer technology, or air conditioning equipment both, and
10 for temporary relocation expense purposes. The school board
11 of any district, by proper resolution, (i) may levy an annual
12 tax, in addition to any other taxes and not subject to the
13 limitations specified elsewhere in this Article, not to
14 exceed .05% upon the value of the taxable property as
15 equalized or assessed by the Department of Revenue, for the
16 purpose of leasing educational facilities, or computer
17 technology, or equipment to air condition classrooms, or any
18 combination of these, or both, and (ii), in order to repay
19 the State all moneys distributed to it for temporary
20 relocation expenses of the district, may levy an annual tax
21 not to exceed .05% upon the value of the taxable property as
22 equalized or assessed by the Department of Revenue for a
23 period not to exceed 7 years for the purpose of providing for
24 the repayment of moneys distributed for temporary relocation
25 expenses of the school district pursuant to Section 2-3.77.
26 The tax rate limit specified by this Section with respect
27 to an annual tax levied for the purpose of leasing
28 educational facilities, or computer technology, or equipment
29 to air condition classrooms, or any combination of these, or
30 both may be increased to .10% upon the approval of a
31 proposition to effect such increase by a majority of the
-2- LRB9114452NTks
1 electors voting on that proposition at a regular scheduled
2 election. Such proposition may be initiated by resolution of
3 the school board and shall be certified by the secretary to
4 the proper election authorities for submission in accordance
5 with the general election law.
6 The district is authorized to pledge any tax levied
7 pursuant to this Section for the purpose of leasing
8 educational facilities, or computer technology, or equipment
9 to air condition classrooms, or any combination of these, or
10 both to secure the payment of any lease, lease-purchase
11 agreement, or installment purchase agreement entered into by
12 the district for such purpose.
13 For the purposes of this Section, "leasing of educational
14 facilities, or computer technology, or equipment to air
15 condition classrooms, or any combination of these or both"
16 includes (i) any payment with respect to a lease,
17 lease-purchase agreement, or installment purchase agreement
18 to acquire or use buildings, rooms, grounds, and
19 appurtenances to be used by the district for the use of
20 schools or for school administration purposes, (ii) and all
21 equipment, fixtures, renovations, and improvements to
22 existing facilities of the district necessary to accommodate
23 computers, as well as computer hardware and software, and
24 (iii) the installation of equipment to air condition
25 classrooms.
26 Any school district may abolish or abate its fund for
27 leasing educational facilities, or computer technology, or
28 equipment to air condition classrooms, or any combination of
29 these, or both and for temporary relocation expense purposes
30 upon the adoption of a resolution so providing and upon a
31 determination by the school board that the moneys in the fund
32 are no longer needed for leasing educational facilities, or
33 computer technology, or equipment to air condition
34 classrooms, or any combination of these, or both or for
-3- LRB9114452NTks
1 temporary relocation expense purposes. The resolution shall
2 direct the transfer of any balance in the fund to another
3 school district fund or funds immediately upon the resolution
4 taking effect. Thereafter, any outstanding taxes of the
5 school district levied pursuant to this Section shall be
6 collected and paid into the fund or funds as directed by the
7 school board. Nothing in this Section shall prevent a school
8 district that has abolished or abated the fund from again
9 creating a fund for leasing educational facilities or
10 equipment to air condition classrooms and for temporary
11 relocation expense purposes in the manner provided in this
12 Section.
13 (Source: P.A. 89-106, eff. 7-7-95; 90-97, eff. 7-11-97;
14 90-464, eff. 8-17-97; 90-655, eff. 7-30-98.)
15 (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
16 Sec. 17-2.11. School board power to levy a tax or to
17 borrow money and issue bonds for fire prevention, safety,
18 energy conservation, disabled accessibility, school security,
19 and specified repair, and air conditioning purposes. Whenever
20 (1), as a result of any lawful order of any agency, other
21 than a school board, having authority to enforce any school
22 building code applicable to any facility that houses
23 students, or any law or regulation for the protection and
24 safety of the environment, pursuant to the Environmental
25 Protection Act, any school district having a population of
26 less than 500,000 inhabitants is required to alter or
27 reconstruct any school building or permanent, fixed
28 equipment; (2) or whenever any such district determines that
29 it is necessary for energy conservation purposes that any
30 school building or permanent, fixed equipment should be
31 altered or reconstructed and that such alterations or
32 reconstruction will be made with funds not necessary for the
33 completion of approved and recommended projects contained in
-4- LRB9114452NTks
1 any safety survey report or amendments thereto authorized by
2 Section 2-3.12 of this Code Act; (3) or whenever any such
3 district determines that it is necessary for disabled
4 accessibility purposes and to comply with the school building
5 code that any school building or equipment should be altered
6 or reconstructed and that such alterations or reconstruction
7 will be made with funds not necessary for the completion of
8 approved and recommended projects contained in any safety
9 survey report or amendments thereto authorized under Section
10 2-3.12 of this Code Act; (4) or whenever any such district
11 determines that it is necessary for school security purposes
12 and the related protection and safety of pupils and school
13 personnel that any school building or property should be
14 altered or reconstructed or that security systems and
15 equipment (including but not limited to intercom, early
16 detection and warning, access control and television
17 monitoring systems) should be purchased and installed, and
18 that such alterations, reconstruction or purchase and
19 installation of equipment will be made with funds not
20 necessary for the completion of approved and recommended
21 projects contained in any safety survey report or amendment
22 thereto authorized by Section 2-3.12 of this Code Act and
23 will deter and prevent unauthorized entry or activities upon
24 school property by unknown or dangerous persons, assure early
25 detection and advance warning of any such actual or attempted
26 unauthorized entry or activities and help assure the
27 continued safety of pupils and school staff if any such
28 unauthorized entry or activity is attempted or occurs; (5) or
29 if a school district does not need funds for other fire
30 prevention and safety projects, including the completion of
31 approved and recommended projects contained in any safety
32 survey report or amendments thereto authorized by Section
33 2-3.12 of this Code Act, and it is determined after a public
34 hearing (which is preceded by at least one published notice
-5- LRB9114452NTks
1 (i) occurring at least 7 days prior to the hearing in a
2 newspaper of general circulation within the school district
3 and (ii) setting forth the time, date, place, and general
4 subject matter of the hearing) that there is a substantial,
5 immediate, and otherwise unavoidable threat to the health,
6 safety, or welfare of pupils due to disrepair of school
7 sidewalks, playgrounds, parking lots, or school bus
8 turnarounds and repairs must be made; or (6) a school
9 district determines that it is necessary, for purposes of
10 providing air conditioning in classrooms, that any school
11 building, equipment, or property should be altered or
12 reconstructed to install the air conditioning and that such
13 alterations or reconstruction will be made with funds not
14 necessary for the completion of approved and recommended
15 projects contained in any safety survey report or amendments
16 thereto authorized by Section 2-3.12 of this Code: then in
17 any such event, such district may, by proper resolution, levy
18 a tax for the purpose of making such alteration or
19 reconstruction, based on a survey report by an architect or
20 engineer licensed in the State of Illinois, upon all the
21 taxable property of the district at the value as assessed by
22 the Department of Revenue at a rate not to exceed .05% per
23 year for a period sufficient to finance such alterations,
24 repairs, or reconstruction, upon the following conditions:
25 (a) When there are not sufficient funds available
26 in either the operations and maintenance fund of the
27 district or the fire prevention and safety fund of the
28 district as determined by the district on the basis of
29 regulations adopted by the State Board of Education to
30 make such alterations, repairs, or reconstruction, or to
31 purchase and install such permanent fixed equipment so
32 ordered or determined as necessary. Appropriate school
33 district records shall be made available to the State
34 Superintendent of Education upon request to confirm such
-6- LRB9114452NTks
1 insufficiency.
2 (b) When a certified estimate of an architect or
3 engineer licensed in the State of Illinois stating the
4 estimated amount necessary to make the alterations or
5 repairs, or to purchase and install such equipment so
6 ordered has been secured by the district, and the
7 estimate has been approved by the regional superintendent
8 of schools, having jurisdiction of the district, and the
9 State Superintendent of Education. Approval shall not be
10 granted for any work that has already started without the
11 prior express authorization of the State Superintendent
12 of Education. If such estimate is not approved or denied
13 approval by the regional superintendent of schools within
14 3 months after the date on which it is submitted to him
15 or her, the school board of the district may submit such
16 estimate directly to the State Superintendent of
17 Education for approval or denial.
18 For purposes of this Section a school district may
19 replace a school building or build additions to replace
20 portions of a building when it is determined that the
21 effectuation of the recommendations for the existing building
22 will cost more than the replacement costs. Such
23 determination shall be based on a comparison of estimated
24 costs made by an architect or engineer licensed in the State
25 of Illinois. The new building or addition shall be
26 equivalent in area (square feet) and comparable in purpose
27 and grades served and may be on the same site or another
28 site. Such replacement may only be done upon order of the
29 regional superintendent of schools and the approval of the
30 State Superintendent of Education.
31 The filing of a certified copy of the resolution levying
32 the tax when accompanied by the certificates of the regional
33 superintendent of schools and State Superintendent of
34 Education shall be the authority of the county clerk to
-7- LRB9114452NTks
1 extend such tax.
2 The county clerk of the county in which any school
3 district levying a tax under the authority of this Section is
4 located, in reducing raised levies, shall not consider any
5 such tax as a part of the general levy for school purposes
6 and shall not include the same in the limitation of any other
7 tax rate which may be extended.
8 Such tax shall be levied and collected in like manner as
9 all other taxes of school districts, subject to the
10 provisions contained in this Section.
11 The tax rate limit specified in this Section may be
12 increased to .10% upon the approval of a proposition to
13 effect such increase by a majority of the electors voting on
14 that proposition at a regular scheduled election. Such
15 proposition may be initiated by resolution of the school
16 board and shall be certified by the secretary to the proper
17 election authorities for submission in accordance with the
18 general election law.
19 When taxes are levied by any school district for fire
20 prevention, safety, energy conservation, and school security,
21 and air conditioning purposes as specified in this Section,
22 and the purposes for which the taxes have been levied are
23 accomplished and paid in full, and there remain funds on hand
24 in the Fire Prevention and Safety Fund from the proceeds of
25 the taxes levied, including interest earnings thereon, the
26 school board by resolution shall use such excess and other
27 board restricted funds excluding bond proceeds and earnings
28 from such proceeds (1) for other authorized fire prevention,
29 safety, energy conservation, and school security, and air
30 conditioning purposes or (2) for transfer to the Operations
31 and Maintenance Fund for the purpose of abating an equal
32 amount of operations and maintenance purposes taxes. If any
33 transfer is made to the Operation and Maintenance Fund, the
34 secretary of the school board shall within 30 days notify the
-8- LRB9114452NTks
1 county clerk of the amount of that transfer and direct the
2 clerk to abate the taxes to be extended for the purposes of
3 operations and maintenance authorized under Section 17-2 of
4 this Act by an amount equal to such transfer.
5 If the proceeds from the tax levy authorized by this
6 Section are insufficient to complete the work approved under
7 this Section, the school board is authorized to sell bonds
8 without referendum under the provisions of this Section in an
9 amount that, when added to the proceeds of the tax levy
10 authorized by this Section, will allow completion of the
11 approved work.
12 Such bonds shall bear interest at a rate not to exceed
13 the maximum rate authorized by law at the time of the making
14 of the contract, shall mature within 20 years from date, and
15 shall be signed by the president of the school board and the
16 treasurer of the school district.
17 In order to authorize and issue such bonds, the school
18 board shall adopt a resolution fixing the amount of bonds,
19 the date thereof, the maturities thereof, rates of interest
20 thereof, place of payment and denomination, which shall be in
21 denominations of not less than $100 and not more than $5,000,
22 and provide for the levy and collection of a direct annual
23 tax upon all the taxable property in the school district
24 sufficient to pay the principal and interest on such bonds to
25 maturity. Upon the filing in the office of the county clerk
26 of the county in which the school district is located of a
27 certified copy of the resolution, it is the duty of the
28 county clerk to extend the tax therefor in addition to and in
29 excess of all other taxes heretofore or hereafter authorized
30 to be levied by such school district.
31 After the time such bonds are issued as provided for by
32 this Section, if additional alterations or reconstructions
33 are required to be made because of surveys conducted by an
34 architect or engineer licensed in the State of Illinois, the
-9- LRB9114452NTks
1 district may levy a tax at a rate not to exceed .05% per year
2 upon all the taxable property of the district or issue
3 additional bonds, whichever action shall be the most
4 feasible.
5 This Section is cumulative and constitutes complete
6 authority for the issuance of bonds as provided in this
7 Section notwithstanding any other statute or law to the
8 contrary.
9 With respect to instruments for the payment of money
10 issued under this Section either before, on, or after the
11 effective date of Public Act 86-004 (June 6, 1989), it is,
12 and always has been, the intention of the General Assembly
13 (i) that the Omnibus Bond Acts are, and always have been,
14 supplementary grants of power to issue instruments in
15 accordance with the Omnibus Bond Acts, regardless of any
16 provision of this Act that may appear to be or to have been
17 more restrictive than those Acts, (ii) that the provisions of
18 this Section are not a limitation on the supplementary
19 authority granted by the Omnibus Bond Acts, and (iii) that
20 instruments issued under this Section within the
21 supplementary authority granted by the Omnibus Bond Acts are
22 not invalid because of any provision of this Act that may
23 appear to be or to have been more restrictive than those
24 Acts.
25 When the purposes for which the bonds are issued have
26 been accomplished and paid for in full and there remain funds
27 on hand from the proceeds of the bond sale and interest
28 earnings therefrom, the board shall, by resolution, use such
29 excess funds in accordance with the provisions of Section
30 10-22.14 of this Act.
31 Whenever any tax is levied or bonds issued for fire
32 prevention, safety, energy conservation, and school security,
33 and air conditioning purposes, such proceeds shall be
34 deposited and accounted for separately within the Fire
-10- LRB9114452NTks
1 Prevention and Safety Fund.
2 (Source: P.A. 88-251; 88-508; 88-628, eff. 9-9-94; 88-670,
3 eff. 12-2-94; 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)
4 Section 99. Effective date. This Act takes effect upon
5 becoming law.