|
| | 100TH GENERAL ASSEMBLY
State of Illinois
2017 and 2018
HB3012 Introduced , by Rep. Rita Mayfield SYNOPSIS AS INTRODUCED:
|
| 105 ILCS 5/17-2A | from Ch. 122, par. 17-2A |
|
Amends the School Code. Allows a specified school district to make a one-time transfer of certain excess funds to the Operations and Maintenance Fund of the district by proper resolution and following a public hearing. Effective immediately.
|
| |
| | A BILL FOR |
|
|
| | HB3012 | | LRB100 10475 MLM 20688 b |
|
|
| 1 | | AN ACT concerning education.
|
| 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 Section |
| 5 | | 17-2A as follows:
|
| 6 | | (105 ILCS 5/17-2A) (from Ch. 122, par. 17-2A)
|
| 7 | | Sec. 17-2A. Interfund transfers. |
| 8 | | (a) The school board of any district having a population of |
| 9 | | less than
500,000 inhabitants may, by proper resolution |
| 10 | | following a public hearing
set by the school board or the |
| 11 | | president of the school board
(that is preceded (i) by at least |
| 12 | | one published notice over the name of
the clerk
or secretary of |
| 13 | | the board, occurring at least 7 days and not more than 30
days
|
| 14 | | prior to the hearing, in a newspaper of general circulation |
| 15 | | within the
school
district and (ii) by posted notice over the |
| 16 | | name of the clerk or secretary of
the board, at least 48 hours |
| 17 | | before the hearing, at the principal office of the
school board |
| 18 | | or at the building where the hearing is to be held if a |
| 19 | | principal
office does not exist, with both notices setting |
| 20 | | forth the time, date, place,
and subject matter of the
|
| 21 | | hearing), transfer money from (1) the Educational Fund to the |
| 22 | | Operations
and
Maintenance Fund or the Transportation Fund, (2) |
| 23 | | the Operations and
Maintenance Fund to the Educational Fund or |
|
| | HB3012 | - 2 - | LRB100 10475 MLM 20688 b |
|
|
| 1 | | the Transportation Fund, (3) the
Transportation Fund to the |
| 2 | | Educational Fund or the Operations and Maintenance
Fund, or (4) |
| 3 | | the Tort Immunity Fund to the Operations and Maintenance Fund |
| 4 | | of said
district,
provided that, except during the period from |
| 5 | | July 1, 2003 through June 30, 2019, such transfer is made |
| 6 | | solely for the purpose of meeting one-time,
non-recurring |
| 7 | | expenses. Except during the period from July 1, 2003 through
|
| 8 | | June 30, 2019 and except as otherwise provided in subsection |
| 9 | | (b) of this Section, any other permanent interfund transfers |
| 10 | | authorized
by any provision or judicial interpretation of this |
| 11 | | Code for which the
transferee fund is not precisely and |
| 12 | | specifically set forth in the provision of
this Code |
| 13 | | authorizing such transfer shall be made to the fund of the |
| 14 | | school
district most in need of the funds being transferred, as |
| 15 | | determined by
resolution of the school board. |
| 16 | | (b) (Blank).
|
| 17 | | (c) Notwithstanding subsection (a) of this Section or any |
| 18 | | other provision of this Code to the contrary, the school board |
| 19 | | of any school district (i) that is subject to the Property Tax |
| 20 | | Extension Limitation Law, (ii) that is an elementary district |
| 21 | | servicing students in grades K through 8, (iii) whose territory |
| 22 | | is in one county, (iv) that is eligible for Section 7002 |
| 23 | | Federal Impact Aid, and (v) that has no more than $81,000 in |
| 24 | | funds remaining from refinancing bonds that were refinanced a |
| 25 | | minimum of 5 years prior to January 20, 2017 (the effective |
| 26 | | date of Public Act 99-926) this amendatory Act of the 99th |
|
| | HB3012 | - 3 - | LRB100 10475 MLM 20688 b |
|
|
| 1 | | General Assembly may make a one-time transfer of the funds |
| 2 | | remaining from the refinancing bonds to the Operations and |
| 3 | | Maintenance Fund of the district by proper resolution following |
| 4 | | a public hearing set by the school board or the president of |
| 5 | | the school board, with notice as provided in subsection (a) of |
| 6 | | this Section, so long as the district meets the qualifications |
| 7 | | set forth in this subsection (c) on January 20, 2017 (the |
| 8 | | effective date of Public Act 99-926) this amendatory Act of the |
| 9 | | 99th General Assembly. |
| 10 | | (d) Notwithstanding subsection (a) of this Section or any |
| 11 | | other provision of this Code to the contrary, the school board |
| 12 | | of any school district (i) that is subject to the Property Tax |
| 13 | | Extension Limitation Law, (ii) that is a community unit school |
| 14 | | district servicing students in grades K through 12, (iii) whose |
| 15 | | territory is in one county, (iv) that owns property designated |
| 16 | | by the United States as a Superfund site pursuant to the |
| 17 | | federal Comprehensive Environmental Response, Compensation and |
| 18 | | Liability Act of 1980 (42 U.S.C. 9601 et seq.), and (v) has an |
| 19 | | excess accumulation of funds in its bond fund, including funds |
| 20 | | accumulated prior to July 1, 2000, may make a one-time transfer |
| 21 | | of those excess funds accumulated prior to July 1, 2000 to the |
| 22 | | Operations and Maintenance Fund of the district by proper |
| 23 | | resolution following a public hearing set by the school board |
| 24 | | or the president of the school board, with notice as provided |
| 25 | | in subsection (a) of this Section, so long as the district |
| 26 | | meets the qualifications set forth in this subsection (d) on |