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92_HB0630eng HB0630 Engrossed LRB9206475NTsb 1 AN ACT concerning schools. 2 Be it enacted by the People of the State of Illinois, 3 represented in the General Assembly: 4 Section 5. The School Code is amended by changing 5 Sections 17-2.2c and 17-2.11 as follows: 6 (105 ILCS 5/17-2.2c) (from Ch. 122, par. 17-2.2c) 7 Sec. 17-2.2c. Tax for leasing educational facilities,or8 computer technology, or air conditioning equipmentboth,and 9 for temporary relocation expense purposes. The school board 10 of any district, by proper resolution, (i) may levy an annual 11 tax, in addition to any other taxes and not subject to the 12 limitations specified elsewhere in this Article, not to 13 exceed .05% upon the value of the taxable property as 14 equalized or assessed by the Department of Revenue, for the 15 purpose of leasing educational facilities,orcomputer 16 technology, or equipment to air condition classrooms, or any 17 combination of these,or both,and (ii),in order to repay 18 the State all moneys distributed to it for temporary 19 relocation expenses of the district, may levy an annual tax 20 not to exceed .05% upon the value of the taxable property as 21 equalized or assessed by the Department of Revenue for a 22 period not to exceed 7 years for the purpose of providing for 23 the repayment of moneys distributed for temporary relocation 24 expenses of the school district pursuant to Section 2-3.77. 25 The tax rate limit specified by this Section with respect 26 to an annual tax levied for the purpose of leasing 27 educational facilities,orcomputer technology, or equipment 28 to air condition classrooms, or any combination of these,or29bothmay be increased to .10% upon the approval of a 30 proposition to effect such increase by a majority of the 31 electors voting on that proposition at a regular scheduled HB0630 Engrossed -2- LRB9206475NTsb 1 election. Such proposition may be initiated by resolution of 2 the school board and shall be certified by the secretary to 3 the proper election authorities for submission in accordance 4 with the general election law. 5 The district is authorized to pledge any tax levied 6 pursuant to this Section for the purpose of leasing 7 educational facilities,orcomputer technology, or equipment 8 to air condition classrooms, or any combination of these,or9bothto secure the payment of any lease, lease-purchase 10 agreement, or installment purchase agreement entered into by 11 the district for such purpose. 12 For the purposes of this Section, "leasingofeducational 13 facilities,orcomputer technology, or equipment to air 14 condition classrooms, or any combination of theseor both" 15 includes (i) any payment with respect to a lease, 16 lease-purchase agreement, or installment purchase agreement 17 to acquire or use buildings, rooms, grounds, and 18 appurtenances to be used by the district for the use of 19 schools or for school administration purposes, (ii)andall 20 equipment, fixtures, renovations, and improvements to 21 existing facilities of the district necessary to accommodate 22 computers, as well as computer hardware and software, and 23 (iii) the installation of equipment to air condition 24 classrooms. 25 Any school district may abolish or abate its fund for 26 leasing educational facilities,orcomputer technology, or 27 equipment to air condition classrooms, or any combination of 28 these,or bothand for temporary relocation expense purposes 29 upon the adoption of a resolution so providing and upon a 30 determination by the school board that the moneys in the fund 31 are no longer needed for leasing educational facilities,or32 computer technology, or equipment to air condition 33 classrooms, or any combination of these,or bothor for 34 temporary relocation expense purposes. The resolution shall HB0630 Engrossed -3- LRB9206475NTsb 1 direct the transfer of any balance in the fund to another 2 school district fund or funds immediately upon the resolution 3 taking effect. Thereafter, any outstanding taxes of the 4 school district levied pursuant to this Section shall be 5 collected and paid into the fund or funds as directed by the 6 school board. Nothing in this Section shall prevent a school 7 district that has abolished or abated the fund from again 8 creating a fund for leasing educational facilities or 9 equipment to air condition classrooms and for temporary 10 relocation expense purposes in the manner provided in this 11 Section. 12 (Source: P.A. 89-106, eff. 7-7-95; 90-97, eff. 7-11-97; 13 90-464, eff. 8-17-97; 90-655, eff. 7-30-98.) 14 (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11) 15 Sec. 17-2.11. School board power to levy a tax or to 16 borrow money and issue bonds for fire prevention, safety, 17 energy conservation, disabled accessibility, school security, 18andspecified repair, and air conditioning purposes. Whenever 19 (1),as a result of any lawful order of any agency, other 20 than a school board, having authority to enforce any school 21 building code applicable to any facility that houses 22 students, or any law or regulation for the protection and 23 safety of the environment, pursuant to the Environmental 24 Protection Act, any school district having a population of 25 less than 500,000 inhabitants is required to alter or 26 reconstruct any school building or permanent, fixed 27 equipment; (2)or wheneverany such district determines that 28 it is necessary for energy conservation purposes that any 29 school building or permanent, fixed equipment should be 30 altered or reconstructed and that such alterations or 31 reconstruction will be made with funds not necessary for the 32 completion of approved and recommended projects contained in 33 any safety survey report or amendments thereto authorized by HB0630 Engrossed -4- LRB9206475NTsb 1 Section 2-3.12 of this CodeAct; (3)or wheneverany such 2 district determines that it is necessary for disabled 3 accessibility purposes and to comply with the school building 4 code that any school building or equipment should be altered 5 or reconstructed and that such alterations or reconstruction 6 will be made with funds not necessary for the completion of 7 approved and recommended projects contained in any safety 8 survey report or amendments thereto authorized under Section 9 2-3.12 of this CodeAct; (4)or wheneverany such district 10 determines that it is necessary for school security purposes 11 and the related protection and safety of pupils and school 12 personnel that any school building or property should be 13 altered or reconstructed or that security systems and 14 equipment (including but not limited to intercom, early 15 detection and warning, access control and television 16 monitoring systems) should be purchased and installed, and 17 that such alterations, reconstruction or purchase and 18 installation of equipment will be made with funds not 19 necessary for the completion of approved and recommended 20 projects contained in any safety survey report or amendment 21 thereto authorized by Section 2-3.12 of this CodeActand 22 will deter and prevent unauthorized entry or activities upon 23 school property by unknown or dangerous persons, assure early 24 detection and advance warning of any such actual or attempted 25 unauthorized entry or activities and help assure the 26 continued safety of pupils and school staff if any such 27 unauthorized entry or activity is attempted or occurs; (5)or28ifa school district does not need funds for other fire 29 prevention and safety projects, including the completion of 30 approved and recommended projects contained in any safety 31 survey report or amendments thereto authorized by Section 32 2-3.12 of this CodeAct, and it is determined after a public 33 hearing (which is preceded by at least one published notice 34 (i) occurring at least 7 days prior to the hearing in a HB0630 Engrossed -5- LRB9206475NTsb 1 newspaper of general circulation within the school district 2 and (ii) setting forth the time, date, place, and general 3 subject matter of the hearing) that there is a substantial, 4 immediate, and otherwise unavoidable threat to the health, 5 safety, or welfare of pupils due to disrepair of school 6 sidewalks, playgrounds, parking lots, or school bus 7 turnarounds and repairs must be made; or (6) a school 8 district determines that it is necessary, for purposes of 9 providing air conditioning in classrooms, that any school 10 building, equipment, or property should be altered or 11 reconstructed to install the air conditioning and that such 12 alterations or reconstruction will be made with funds not 13 necessary for the completion of approved and recommended 14 projects contained in any safety survey report or amendments 15 thereto authorized by Section 2-3.12 of this Code: then in 16 any such event, such district may, by proper resolution, levy 17 a tax for the purpose of making such alteration or 18 reconstruction, based on a survey report by an architect or 19 engineer licensed in the State of Illinois, upon all the 20 taxable property of the district at the value as assessed by 21 the Department of Revenue at a rate not to exceed .05% per 22 year for a period sufficient to finance such alterations, 23 repairs, or reconstruction, upon the following conditions: 24 (a) When there are not sufficient funds available 25 in either the operations and maintenance fund of the 26 district or the fire prevention and safety fund of the 27 district as determined by the district on the basis of 28 regulations adopted by the State Board of Education to 29 make such alterations, repairs, or reconstruction, or to 30 purchase and install such permanent fixed equipment so 31 ordered or determined as necessary. Appropriate school 32 district records shall be made available to the State 33 Superintendent of Education upon request to confirm such 34 insufficiency. HB0630 Engrossed -6- LRB9206475NTsb 1 (b) When a certified estimate of an architect or 2 engineer licensed in the State of Illinois stating the 3 estimated amount necessary to make the alterations or 4 repairs, or to purchase and install such equipment so 5 ordered has been secured by the district, and the 6 estimate has been approved by the regional superintendent 7 of schools, having jurisdiction of the district, and the 8 State Superintendent of Education. Approval shall not be 9 granted for any work that has already started without the 10 prior express authorization of the State Superintendent 11 of Education. If such estimate is not approved or denied 12 approval by the regional superintendent of schools within 13 3 months after the date on which it is submitted to him 14 or her, the school board of the district may submit such 15 estimate directly to the State Superintendent of 16 Education for approval or denial. 17 For purposes of this Section a school district may 18 replace a school building or build additions to replace 19 portions of a building when it is determined that the 20 effectuation of the recommendations for the existing building 21 will cost more than the replacement costs. Such 22 determination shall be based on a comparison of estimated 23 costs made by an architect or engineer licensed in the State 24 of Illinois. The new building or addition shall be 25 equivalent in area (square feet) and comparable in purpose 26 and grades served and may be on the same site or another 27 site. Such replacement may only be done upon order of the 28 regional superintendent of schools and the approval of the 29 State Superintendent of Education. 30 The filing of a certified copy of the resolution levying 31 the tax when accompanied by the certificates of the regional 32 superintendent of schools and State Superintendent of 33 Education shall be the authority of the county clerk to 34 extend such tax. HB0630 Engrossed -7- LRB9206475NTsb 1 The county clerk of the county in which any school 2 district levying a tax under the authority of this Section is 3 located, in reducing raised levies, shall not consider any 4 such tax as a part of the general levy for school purposes 5 and shall not include the same in the limitation of any other 6 tax rate which may be extended. 7 Such tax shall be levied and collected in like manner as 8 all other taxes of school districts, subject to the 9 provisions contained in this Section. 10 The tax rate limit specified in this Section may be 11 increased to .10% upon the approval of a proposition to 12 effect such increase by a majority of the electors voting on 13 that proposition at a regular scheduled election. Such 14 proposition may be initiated by resolution of the school 15 board and shall be certified by the secretary to the proper 16 election authorities for submission in accordance with the 17 general election law. 18 When taxes are levied by any school district for fire 19 prevention, safety, energy conservation,andschool security, 20 and air conditioning purposes as specified in this Section, 21 and the purposes for which the taxes have been levied are 22 accomplished and paid in full, and there remain funds on hand 23 in the Fire Prevention and Safety Fund from the proceeds of 24 the taxes levied, including interest earnings thereon, the 25 school board by resolution shall use such excess and other 26 board restricted funds excluding bond proceeds and earnings 27 from such proceeds (1) for other authorized fire prevention, 28 safety, energy conservation,andschool security, and air 29 conditioning purposes or (2) for transfer to the Operations 30 and Maintenance Fund for the purpose of abating an equal 31 amount of operations and maintenance purposes taxes. If any 32 transfer is made to the Operation and Maintenance Fund, the 33 secretary of the school board shall within 30 days notify the 34 county clerk of the amount of that transfer and direct the HB0630 Engrossed -8- LRB9206475NTsb 1 clerk to abate the taxes to be extended for the purposes of 2 operations and maintenance authorized under Section 17-2 of 3 this Act by an amount equal to such transfer. 4 If the proceeds from the tax levy authorized by this 5 Section are insufficient to complete the work approved under 6 this Section, the school board is authorized to sell bonds 7 without referendum under the provisions of this Section in an 8 amount that, when added to the proceeds of the tax levy 9 authorized by this Section, will allow completion of the 10 approved work. 11 Such bonds shall bear interest at a rate not to exceed 12 the maximum rate authorized by law at the time of the making 13 of the contract, shall mature within 20 years from date, and 14 shall be signed by the president of the school board and the 15 treasurer of the school district. 16 In order to authorize and issue such bonds, the school 17 board shall adopt a resolution fixing the amount of bonds, 18 the date thereof, the maturities thereof, rates of interest 19 thereof, place of payment and denomination, which shall be in 20 denominations of not less than $100 and not more than $5,000, 21 and provide for the levy and collection of a direct annual 22 tax upon all the taxable property in the school district 23 sufficient to pay the principal and interest on such bonds to 24 maturity. Upon the filing in the office of the county clerk 25 of the county in which the school district is located of a 26 certified copy of the resolution, it is the duty of the 27 county clerk to extend the tax therefor in addition to and in 28 excess of all other taxes heretofore or hereafter authorized 29 to be levied by such school district. 30 After the time such bonds are issued as provided for by 31 this Section, if additional alterations or reconstructions 32 are required to be made because of surveys conducted by an 33 architect or engineer licensed in the State of Illinois, the 34 district may levy a tax at a rate not to exceed .05% per year HB0630 Engrossed -9- LRB9206475NTsb 1 upon all the taxable property of the district or issue 2 additional bonds, whichever action shall be the most 3 feasible. 4 This Section is cumulative and constitutes complete 5 authority for the issuance of bonds as provided in this 6 Section notwithstanding any other statute or law to the 7 contrary. 8 With respect to instruments for the payment of money 9 issued under this Section either before, on, or after the 10 effective date of Public Act 86-004 (June 6, 1989), it is, 11 and always has been, the intention of the General Assembly 12 (i) that the Omnibus Bond Acts are, and always have been, 13 supplementary grants of power to issue instruments in 14 accordance with the Omnibus Bond Acts, regardless of any 15 provision of this Act that may appear to be or to have been 16 more restrictive than those Acts, (ii) that the provisions of 17 this Section are not a limitation on the supplementary 18 authority granted by the Omnibus Bond Acts, and (iii) that 19 instruments issued under this Section within the 20 supplementary authority granted by the Omnibus Bond Acts are 21 not invalid because of any provision of this Act that may 22 appear to be or to have been more restrictive than those 23 Acts. 24 When the purposes for which the bonds are issued have 25 been accomplished and paid for in full and there remain funds 26 on hand from the proceeds of the bond sale and interest 27 earnings therefrom, the board shall, by resolution, use such 28 excess funds in accordance with the provisions of Section 29 10-22.14 of this Act. 30 Whenever any tax is levied or bonds issued for fire 31 prevention, safety, energy conservation,andschool security, 32 and air conditioning purposes, such proceeds shall be 33 deposited and accounted for separately within the Fire 34 Prevention and Safety Fund. HB0630 Engrossed -10- LRB9206475NTsb 1 (Source: P.A. 88-251; 88-508; 88-628, eff. 9-9-94; 88-670, 2 eff. 12-2-94; 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.) 3 Section 99. Effective date. This Act takes effect upon 4 becoming law.