093_HB0232

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 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  Illinois  Pension  Code  is  amended by
 5    changing Sections 7-171, 21-110, and 21-110.1 as follows:

 6        (40 ILCS 5/7-171) (from Ch. 108 1/2, par. 7-171)
 7        Sec. 7-171. Finance; taxes.
 8        (a)  Each municipality other than a school district shall
 9    appropriate an amount sufficient to provide for  the  current
10    municipality  contributions required by Section 7-172 of this
11    Article, for the fiscal year for which the  appropriation  is
12    made  and  all  amounts  due  for municipal contributions for
13    previous years. Those municipalities which have been assessed
14    an annual amount to  amortize  its  unfunded  obligation,  as
15    provided  in subparagraph 5 of paragraph (a) of Section 7-172
16    of this Article, shall include in the appropriation an amount
17    sufficient to pay the  amount  assessed.   The  appropriation
18    shall  be  based  upon  an  estimate  of assets available for
19    municipality contributions and liabilities therefor  for  the
20    fiscal   year  for  which  appropriations  are  to  be  made,
21    including funds available from levies  for  this  purpose  in
22    prior years.
23        (b)  For the purpose of providing monies for municipality
24    contributions, beginning for the year in which a municipality
25    is included in this fund:
26             (1)  A municipality other than a school district may
27        levy a tax which shall not exceed the amount appropriated
28        for municipality contributions.
29             (2)  A  school  district  may  levy  a tax (i) in an
30        amount reasonably calculated at the time of the  levy  to
31        provide for the municipality contributions required under
 
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 1        Section  7-172  of  this Article for the fiscal years for
 2        which revenues from the levy will  be  received  and  all
 3        amounts  due  for  municipal  contributions  for previous
 4        years, (ii) in an amount necessary to meet  the  cost  of
 5        participation  in  the  Federal Social Security Insurance
 6        Program, and (iii) in an amount  necessary  to  meet  the
 7        cost  of  participation  in the Federal Medicare Program,
 8        including any share of the cost of  participation  of  an
 9        instrumentality or entity described in subdivision (b) or
10        (c)  of Section 21-102.8 for which the school district is
11        responsible, without regard to whether that participation
12        is mandatory or optional and without  regard  to  whether
13        the   school   district  has  otherwise  come  under  the
14        provisions of Article 21 for purposes of participation in
15        the Federal Social Security Insurance Program.  Any  levy
16        adopted  before the effective date of this amendatory Act
17        of 1995 by a school district shall  be  considered  valid
18        and   authorized  to  the  extent  that  the  amount  was
19        reasonably calculated at the time of the levy to  provide
20        for the municipality contributions required under Section
21        7-172  for  the  fiscal years for which revenues from the
22        levy will be received and all amounts due  for  municipal
23        contributions  for  previous  years.  In no event shall a
24        budget adopted by a school district limit a levy of  that
25        school district adopted under this Section.
26        (c)  Any  county  which is served by a regional office of
27    education that serves 2 or more counties may include  in  its
28    appropriation   an   amount   sufficient   to   provide   its
29    proportionate  share  of  the  municipality contributions for
30    that regional office of education.  The tax  levy  authorized
31    by  this  Section  may include an amount necessary to provide
32    monies for this contribution.
33        (d)  Any county that  is  a  part  of  a  multiple-county
34    health  department or consolidated health department which is
 
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 1    formed under "An Act in relation  to  the  establishment  and
 2    maintenance  of  county  and  multiple-county  public  health
 3    departments", approved July 9, 1943, as amended, and which is
 4    a  participating  instrumentality may include in the county's
 5    appropriation   an   amount   sufficient   to   provide   its
 6    proportionate share  of  municipality  contributions  of  the
 7    department.   The  tax  levy  authorized  by this Section may
 8    include the amount  necessary  to  provide  monies  for  this
 9    contribution.
10        (d-5)  A  school  district  participating  in  a  special
11    education  joint  agreement created under Section 10-22.31 of
12    the School Code that is a participating  instrumentality  may
13    include  in the school district's tax levy under this Section
14    an amount sufficient to provide its  proportionate  share  of
15    the  municipality contributions for current and prior service
16    by employees of  the  participating  instrumentality  created
17    under the joint agreement.
18        (e)  Such  tax  shall  be  levied  and  collected in like
19    manner, with the general taxes of the municipality and  shall
20    be  in  addition to all other taxes which the municipality is
21    now or may hereafter be authorized to levy upon  all  taxable
22    property  therein,  and shall be exclusive of and in addition
23    to the amount  of  tax  levied  for  general  purposes  under
24    Section  8-3-1 of the "Illinois Municipal Code", approved May
25    29, 1961, as amended, or under any other law  or  laws  which
26    may  limit  the amount of tax which the municipality may levy
27    for general purposes.  The tax may be levied by the governing
28    body of the municipality without being  authorized  as  being
29    additional  to all other taxes by a vote of the people of the
30    municipality.
31        (f)  The county clerk of the county  in  which  any  such
32    municipality  is  located,  in  reducing tax levies shall not
33    consider any such tax as a part of the general tax  levy  for
34    municipality  purposes, and shall not include the same in the
 
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 1    limitation of any other tax rate which may be extended.
 2        (g)  The amount of the tax  to  be  levied  in  any  year
 3    shall,  within the limits herein prescribed, be determined by
 4    the governing body of the respective municipality.
 5        (h)  The revenue derived from any such tax levy shall  be
 6    used  only for the purposes specified in this Article and, as
 7    collected, shall be paid to the treasurer of the municipality
 8    levying the tax.  Monies received by a county  treasurer  for
 9    use in making contributions to a regional office of education
10    for  its  municipality contributions shall be held by him for
11    that purpose and paid to the regional office of education  in
12    the  same manner as other monies appropriated for the expense
13    of the regional office.
14        (i)  The payment of Medicare taxes to  the  State  agency
15    shall  be  made  in  the  same  manner  and  under  the  same
16    conditions  as are set forth in Section 21-109 for payment of
17    Social Security contributions, except that the  State  agency
18    may designate a retirement system to assume responsibility to
19    the  State  agency  for  the  compiling  of  wage  data,  the
20    collection  of  Medicare  taxes, and the timely reporting and
21    payment of these items for specified persons under  mandatory
22    or  optional  Medicare  coverage,  regardless  of whether the
23    retirement system has entered into a coverage  agreement  for
24    Social Security coverage pursuant to Section 21-105.
25        (j)  The penalty and audit provisions of Sections 21-112,
26    21-113,  and  21-114 shall apply to the failure or refusal to
27    make timely and correct payments of Medicare taxes or reports
28    of wages in accordance with State agency rules.
29    (Source: P.A. 89-329, eff.  8-17-95;  90-448,  eff.  8-16-97;
30    90-511, eff. 8-22-97; 90-655, eff. 7-30-98.)

31        (40 ILCS 5/21-110) (from Ch. 108 1/2, par. 21-110)
32        Sec.  21-110.   Tax  levy.   The  governing  body  of any
33    political subdivision with the power to levy taxes (except  a
 
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 1    school district having a population of fewer than 500,000) is
 2    hereby  authorized  and  empowered to increase its annual tax
 3    levy  above  the  limitation  now  or   hereafter   otherwise
 4    authorized  by  law, by the amount necessary to meet the cost
 5    of participation in the  Federal  Social  Security  Insurance
 6    Program,  including any share of the cost of participation of
 7    an instrumentality or entity described in subsection  (b)  or
 8    (c)  of  Section 21-102.8 for which the political subdivision
 9    is responsible, without regard to whether such  participation
10    is  mandatory  or optional, and without regard to whether the
11    political subdivision has otherwise come under the provisions
12    of this Article for purposes of participation in the  Federal
13    Social Security Insurance Program.
14    (Source: P.A. 87-11.)

15        (40 ILCS 5/21-110.1) (from Ch. 108 1/2, par. 21-110.1)
16        Sec. 21-110.1.  Medicare taxes.
17        (a)  The  governing  body  of every political subdivision
18    with the power to levy taxes (except a school district having
19    a population of fewer than 500,000) is hereby authorized  and
20    empowered   to   increase  its  annual  tax  levy  above  the
21    limitation now or hereafter otherwise authorized by  law,  by
22    the amount necessary to meet the cost of its participation in
23    the Federal Medicare Program, including any share of the cost
24    of participation of an instrumentality or entity described in
25    subsection  (b)  or  (c)  of  Section  21-102.8 for which the
26    political  subdivision  is  responsible,  without  regard  to
27    whether such participation  is  mandatory  or  optional,  and
28    without  regard to whether the political subdivision has come
29    under  the  provisions  of  this  Article  for  purposes   of
30    participation   in  the  Federal  Social  Security  Insurance
31    Program.
32        (b)  The payment of medicare taxes to  the  State  Agency
33    shall  be  made  in  the  same  manner  and  under  the  same
 
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 1    conditions  as are set forth in Section 21-109 for payment of
 2    Social Security contributions, except that the  State  Agency
 3    may designate a retirement system to assume responsibility to
 4    the  State  Agency  for  the  compiling  of  wage  data,  the
 5    collection  of  medicare  taxes, and the timely reporting and
 6    payment of such items for specified persons  under  mandatory
 7    or  optional  medicare  coverage,  regardless of whether such
 8    retirement system has entered into a coverage  agreement  for
 9    Social Security coverage pursuant to Section 21-105.
10        (c)  The penalty and audit provisions of Sections 21-112,
11    21-113  and  21-114  shall apply to the failure or refusal to
12    make timely and correct payments of medicare taxes or reports
13    of wages in accordance with State Agency regulations.
14    (Source: P.A. 84-1472.)

15        Section 10.  The  School  Code  is  amended  by  changing
16    Sections  2-3.77,  10-22.31, 10-22.44, 11A-15, 17-2, 17-2.2c,
17    17-2.11, 17-2C,  17-3,  17-3.2,  17-3.4,  17-7,  17-8,  17-9,
18    17-11,  17-12,  17-16,  19-30, 19-31, 20-1, 20-2, 20-3, 20-4,
19    20-5, 20-6, 20-7, 35-5, 35-7,  and  35-25,  by  changing  the
20    heading  of  Article  20,  and  by  adding  Sections 17-1.10,
21    17-1.15, and 20-10 as follows:

22        (105 ILCS 5/2-3.77) (from Ch. 122, par. 2-3.77)
23        Sec. 2-3.77.  Temporary relocation expenses.
24        (a)  The State Board of Education may distribute loan  or
25    grant  moneys  appropriated for temporary relocation expenses
26    incurred  by  school  districts  as  a   result   of   fires,
27    earthquakes, tornados, or other natural or man-made disasters
28    which  destroy  school  buildings,  or  as  a  result  of the
29    condemnation of a school building under Section 3-14.22.  The
30    State Board  of  Education  shall  by  rule  prescribe  those
31    expenses  which  qualify as temporary relocation expenses and
32    the manner of determining and reporting  the  same,  provided
 
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 1    that  such  expenses  shall  be  deemed  to  include  amounts
 2    reasonably required to be expended for the lease, rental, and
 3    renovation  of  educational  facilities  and  for  additional
 4    transportation  and  other  expenses directly associated with
 5    the  temporary  relocation  and   housing   of   the   normal
 6    operations, activities, and affairs of a school district.
 7        (b)  Except  as  provided  in  subsection  (c), no moneys
 8    appropriated to the State Board of Education for purposes  of
 9    distribution  in  accordance  with  the  provisions  of  this
10    Section  shall  be  distributed to any school district unless
11    the school board of such district, as an express condition of
12    any such distribution, agrees to levy the tax provided for by
13    Section 17-2.2c at the maximum rate permitted thereunder  and
14    to  pay to the State of Illinois for deposit in the Temporary
15    Relocation Expenses Revolving Grant Fund (i) all proceeds  of
16    such  tax attributable to the first year and succeeding years
17    for which the tax is levied  after  moneys  appropriated  for
18    purposes  of this Section have been distributed to the school
19    district,  and  (ii)  all  insurance  proceeds  which  become
20    payable  to  the  district  under  those  provisions  of  any
21    contract or policy of insurance which  provide  reimbursement
22    for  or  other  coverage  against  loss  with  respect to any
23    temporary  relocation  expenses  of  the   school   district;
24    provided,  that  the  aggregate  of  any  tax  and  insurance
25    proceeds paid by the school district to the State pursuant to
26    this   Section   shall   not  exceed  in  amount  the  moneys
27    distributed to the school district pursuant to this Section.
28        (c)  The   State   Board   of   Education    may,    from
29    appropriations  made  for  this  purpose  from  the Temporary
30    Relocation Expenses Revolving Grant Fund, make grants that do
31    not require repayment to school districts  that  qualify  for
32    temporary  relocation  assistance  under  this Section to the
33    extent that  the  amount  of  temporary  relocation  expenses
34    incurred  by  a district exceeds the amount that the district
 
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 1    is able to repay to the State through insurance proceeds  and
 2    the tax levy authorized in Section 17-2.2c.
 3        (d)  The  Temporary  Relocation  Expenses Revolving Grant
 4    Fund is hereby established as a special fund within the State
 5    treasury.  Appropriations and amounts that  school  districts
 6    repay to the State under subsection (b) of this Section shall
 7    be  deposited  into  that  Fund.  If the balance in that Fund
 8    exceeds $3,000,000, the excess shall be transferred into  the
 9    General Revenue Fund.
10        (e)  The  State  Board of Education shall promulgate such
11    rules and regulations, not inconsistent with  the  provisions
12    of  this  Section,  as  are  necessary  to  provide  for  the
13    distribution  of  loan and grant moneys and for the repayment
14    of loan moneys distributed pursuant to this Section.
15    (Source: P.A. 90-464, eff. 8-17-97.)

16        (105 ILCS 5/10-22.31) (from Ch. 122, par. 10-22.31)
17        Sec. 10-22.31.  Special education.
18        (a)  To enter into joint  agreements  with  other  school
19    boards  to  provide the needed special educational facilities
20    and to employ a director and other  professional  workers  as
21    defined  in  Section  14-1.10  and to establish facilities as
22    defined  in  Section  14-1.08  for  the  types  of   children
23    described  in Sections 14-1.02 through 14-1.07.  The director
24    (who may be employed under a multi-year contract as  provided
25    in  subsection  (c)  of  this Section) and other professional
26    workers may be employed  by  one  district,  which  shall  be
27    reimbursed on a mutually agreed basis by other districts that
28    are  parties  to  the  joint  agreement.  Such agreements may
29    provide that one district may supply professional workers for
30    a  joint  program  conducted  in  another   district.    Such
31    agreement   shall   provide   that   any   full-time   school
32    psychologist who is employed by a joint agreement program and
33    spends  over  50%  of  his or her time in one school district
 
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 1    shall not be required to work a different  teaching  schedule
 2    than  the  other school psychologists in that district.  Such
 3    agreement shall include, but not be  limited  to,  provisions
 4    for  administration,  staff,  programs,  financing,  housing,
 5    transportation,  an  advisory  body,  and  the  withdrawal of
 6    districts from the  joint  agreement.   Except  as  otherwise
 7    provided  in  Section 10-22.31.1, the withdrawal of districts
 8    from the joint agreement shall be by petition to the regional
 9    board of school trustees.  Such agreement may be  amended  at
10    any  time as provided in the joint agreement or, if the joint
11    agreement does not so provide, then  such  agreement  may  be
12    amended   at   any  time  upon  the  adoption  of  concurring
13    resolutions by the school boards of all member districts.   A
14    fully  executed  copy  of  any  such  agreement  or amendment
15    entered into on or after January 1, 1989 shall be filed  with
16    the  State Board of Education.  Such petitions for withdrawal
17    shall be made to the regional board of school trustees of all
18    counties  having  jurisdiction  over  one  or  more  of   the
19    districts in the joint agreement.  Upon receipt of a petition
20    for withdrawal, the regional boards of school trustees having
21    jurisdiction  over  the  cooperating  districts shall publish
22    notice of and  conduct  a  joint  hearing  on  the  issue  as
23    provided in Section 7-6.  No such petition may be considered,
24    however,  unless in compliance with Section 7-8.  If approved
25    by a 2/3 vote of all trustees of those regional boards, at  a
26    joint  meeting,  the  withdrawal  takes effect as provided in
27    Section 7-9 of this Act.
28        (b)  To either (1) designate an  administrative  district
29    to  act  as fiscal and legal agent for the districts that are
30    parties to the joint agreement, or (2) designate a  governing
31    board  composed  of  one  member  of the school board of each
32    cooperating district and designated by such boards to act  in
33    accordance with the joint agreement.  No such governing board
34    may  levy  taxes  and  no  such governing board may incur any
 
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 1    indebtedness except within an annual  budget  for  the  joint
 2    agreement  approved  by the governing board and by the boards
 3    of at least a majority of the cooperating school districts or
 4    a number of districts greater than a majority if required  by
 5    the  joint  agreement.    The  governing board may appoint an
 6    executive board of at least 7 members to administer the joint
 7    agreement in accordance with its terms. However, if 7 or more
 8    school districts are parties to a joint agreement  that  does
 9    not have an administrative district:  (i) at least a majority
10    of  the  members  appointed  by  the  governing  board to the
11    executive board shall be members of the school boards of  the
12    cooperating  districts; or (ii) if the governing board wishes
13    to appoint members who are not  school  board  members,  they
14    shall be superintendents from the cooperating districts.
15        (c)  To  employ  a  director of a joint agreement program
16    under a multi-year contract.  No such contract can be offered
17    or accepted for less than or more than 3 years, except for  a
18    person  serving  as  a  director of a special education joint
19    agreement for the first time in Illinois.  In  such  a  case,
20    the  initial  contract  shall  be  for a 2 year period.  Such
21    contract may be discontinued at any time by mutual  agreement
22    of  the  contracting  parties,  or  may  be  extended  for an
23    additional 3 years at the end of any year.
24        The contract year is July 1 through  the  following  June
25    30th,  unless  the  contract specifically provides otherwise.
26    Notice of intent not to renew a  contract  when  given  by  a
27    controlling  board  or  administrative  district  must  be in
28    writing stating the  specific  reason  therefor.   Notice  of
29    intent  not  to  renew  the  contract  must  be  given by the
30    controlling  board or the administrative district at least 90
31    days before the contract expires.   Failure  to  do  so  will
32    automatically extend the contract for one additional year.
33        By  accepting  the  terms of the multi-year contract, the
34    director of a special education joint  agreement  waives  all
 
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 1    rights  granted  under  Sections  24-11 through 24-16 for the
 2    duration of his or her employment as a director of a  special
 3    education joint agreement.
 4        (d)  To designate a district that is a party to the joint
 5    agreement  as  the  issuer of bonds or notes for the purposes
 6    and in the manner  provided  in  this  Section.   It  is  not
 7    necessary  for  such  district  to also be the administrative
 8    district for the joint agreement, nor is it necessary for the
 9    same district to be designated as the issuer of all series of
10    bonds or notes issued hereunder.  Any district so  designated
11    may,  from time to time, borrow money and, in evidence of its
12    obligation to repay the borrowing, issue its negotiable bonds
13    or  notes  for  the  purpose  of   acquiring,   constructing,
14    altering,  repairing, enlarging and equipping any building or
15    portion thereof, together with any land or interest  therein,
16    necessary  to  provide  special  educational  facilities  and
17    services  as defined in Section 14-1.08.  Title in and to any
18    such facilities shall be held in accordance  with  the  joint
19    agreement.
20        Any  such  bonds  or  notes  shall  be  authorized  by  a
21    resolution of the board of education of the issuing district.
22    The  resolution  may  contain such covenants as may be deemed
23    necessary or advisable by the district to assure the  payment
24    of  the  bonds  or  notes.  The resolution shall be effective
25    immediately upon its adoption.
26        Prior to the issuance of such bonds or notes, each school
27    district that is a party to the joint agreement shall  agree,
28    whether  by amendment to the joint agreement or by resolution
29    of the board of education, to be jointly and severally liable
30    for the payment of the bonds and notes.  The bonds  or  notes
31    shall  be  payable  solely  and  only  from the payments made
32    pursuant to such agreement.
33        Neither the bonds or notes nor the obligation to pay  the
34    bonds  or notes under any joint agreement shall constitute an
 
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 1    indebtedness of any district, including the issuing district,
 2    within  the  meaning  of  any  constitutional  or   statutory
 3    limitation.
 4        As long as any bonds or notes are outstanding and unpaid,
 5    the  agreement by a district to pay the bonds and notes shall
 6    be irrevocable notwithstanding the district's withdrawal from
 7    membership in the joint special education program.
 8        (e)  If a district whose employees  are  on  strike  was,
 9    prior  to  the  strike, sending students with disabilities to
10    special  educational  facilities  and  services  in   another
11    district  or cooperative, the district affected by the strike
12    shall continue to send such students during  the  strike  and
13    shall be eligible to receive appropriate State reimbursement.
14        (f)  With  respect  to those joint agreements that have a
15    governing board composed of one member of the school board of
16    each cooperating district and designated by those  boards  to
17    act  in  accordance  with  the joint agreement, the governing
18    board shall have, in addition to its other powers under  this
19    Section,  the  authority  to  issue  bonds  or  notes for the
20    purposes and in the manner provided in this subsection.   The
21    governing  board of the joint agreement may from time to time
22    borrow money and, in evidence of its obligation to repay  the
23    borrowing,  issue  its  negotiable  bonds  or  notes  for the
24    purpose  of  acquiring,  constructing,  altering,  repairing,
25    enlarging and equipping  any  building  or  portion  thereof,
26    together  with  any  land  or  interest therein, necessary to
27    provide  special  educational  facilities  and  services   as
28    defined  in Section 14-1.08 and including also facilities for
29    activities  of   administration   and   educational   support
30    personnel  employees.   Title  in  and to any such facilities
31    shall be held in accordance with the joint agreement.
32        Any  such  bonds  or  notes  shall  be  authorized  by  a
33    resolution  of  the  governing  board.   The  resolution  may
34    contain  such  covenants  as  may  be  deemed  necessary   or
 
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 1    advisable by the governing board to assure the payment of the
 2    bonds or notes and interest accruing thereon.  The resolution
 3    shall be effective immediately upon its adoption.
 4        Each  school  district  that  is  a  party  to  the joint
 5    agreement shall be automatically liable,  by  virtue  of  its
 6    membership  in  the  joint  agreement,  for its proportionate
 7    share of the principal amount of the  bonds  and  notes  plus
 8    interest  accruing  thereon,  as  provided in the resolution.
 9    Subject  to  the  joint  and  several  liability  hereinafter
10    provided  for,  the  resolution  may  provide  for  different
11    payment schedules for different  districts  except  that  the
12    aggregate  amount  of  scheduled  payments  for each district
13    shall be equal to its proportionate share of the debt service
14    in the bonds or  notes  based  upon  the  fraction  that  its
15    equalized  assessed  valuation  bears  to the total equalized
16    assessed valuation of all the district members of  the  joint
17    agreement as adjusted in the manner hereinafter provided.  In
18    computing  that  fraction the most recent available equalized
19    assessed valuation at the time of the issuance of  the  bonds
20    and notes shall be used, and the equalized assessed valuation
21    of  any  district maintaining grades K to 12 shall be doubled
22    in both the numerator and denominator of  the  fraction  used
23    for  all  of  the  districts  that  are  members of the joint
24    agreement.  In case of default in payment by any member, each
25    school district that is a party to the joint agreement  shall
26    automatically  be jointly and severally liable for the amount
27    of any deficiency.  The bonds or notes and  interest  thereon
28    shall  be  payable  solely  and  only  from  the  funds  made
29    available  pursuant  to  the  procedures  set  forth  in this
30    subsection.  No project authorized under this subsection  may
31    require  an  annual  contribution  for bond payments from any
32    member district in excess of 0.15% of the  value  of  taxable
33    property  as  equalized  or  assessed  by  the  Department of
34    Revenue in the case of districts maintaining  grades  K-8  or
 
                            -14-     LRB093 04731 NHT 04787 b
 1    9-12  and 0.30% of the value of taxable property as equalized
 2    or assessed by the Department  of  Revenue  in  the  case  of
 3    districts maintaining grades K-12.  This limitation on taxing
 4    authority   is   expressly  applicable  to  taxing  authority
 5    provided under Section 17-9 and other applicable Sections  of
 6    this  Act.   Nothing  contained  in  this subsection shall be
 7    construed as an exception to  the  property  tax  limitations
 8    contained  in  Section  17-2,  17-2.2a,  17-5,  or  any other
 9    applicable Section of this Code Act.
10        Neither the bonds or notes nor the obligation to pay  the
11    bonds  or notes under any joint agreement shall constitute an
12    indebtedness of  any  district  within  the  meaning  of  any
13    constitutional or statutory limitation.
14        As long as any bonds or notes are outstanding and unpaid,
15    the  obligation  of a district to pay its proportionate share
16    of the principal of and interest on the bonds  and  notes  as
17    required in this Section shall be a general obligation of the
18    district   payable  from  any  and  all  sources  of  revenue
19    designated for that purpose by the board of education of  the
20    district   and   shall  be  irrevocable  notwithstanding  the
21    district's withdrawal from membership in  the  joint  special
22    education program.
23    (Source:  P.A.  89-397,  eff.  8-20-95;  89-613, eff. 8-9-96;
24    89-626, eff.  8-9-96;  90-103,  eff.  7-11-97;  90-515,  eff.
25    8-22-97; 90-637, eff. 7-24-98; 90-655, eff. 7-30-98.)

26        (105 ILCS 5/10-22.44) (from Ch. 122, par. 10-22.44)
27        Sec.  10-22.44.  To transfer the interest earned from any
28    moneys of the district in the respective fund of the district
29    that is most in need of such interest income,  as  determined
30    by  the  board.   This Section does not apply to any interest
31    earned which has been earmarked or restricted  by  the  board
32    for a designated purpose.  This Section does not apply to any
33    interest  earned  on  any  funds  for  purposes  of  Illinois
 
                            -15-     LRB093 04731 NHT 04787 b
 1    Municipal  Retirement  under  the Pension Code, Tort Immunity
 2    under the Local Governmental and Governmental Employees  Tort
 3    Immunity   Act,   and   Fire   Prevention,   Safety,   Energy
 4    Conservation  and  School  Security  Purposes  under  Section
 5    17-2.11,  and  Capital  Improvements  under  Section  17-2.3.
 6    Interest  earned  on  these exempted funds shall be used only
 7    for the purposes authorized for the respective exempted funds
 8    from which the interest earnings were derived.
 9    (Source: P.A. 87-984.)

10        (105 ILCS 5/11A-15) (from Ch. 122, par. 11A-15)
11        Sec.  11A-15.   Joint  agreement   vocational   education
12    program.   Whenever  a  community  unit  school  district  is
13    established  under  the  provisions of this Act and more than
14    50% of the territory of such community unit  school  district
15    is territory which immediately prior to its inclusion in such
16    community  unit school district was included in a high school
17    district or districts which were signatories under  the  same
18    joint  agreement  vocational educational project, pursuant to
19    the provisions of this Act,  then  any  such  community  unit
20    school  district shall upon its establishment be deemed to be
21    a member and signatory to any such joint agreement and  shall
22    also  have  the  right  to  continue  to  extend any previous
23    authority to levy a  tax  under  Section  17-2.4.   In  those
24    instances,  however,  where more than 50% of the territory of
25    any community unit school district was not immediately  prior
26    to  its  establishment  included  within the territory of any
27    such high school district which was a signatory to  the  same
28    joint agreement vocational educational program, then any such
29    community  unit  school district shall not be deemed upon its
30    establishment to be a signatory to any such  joint  agreement
31    nor  shall  such  community unit school district be deemed to
32    have the special tax levy rights under Section 17-2.4 of this
33    Act.  Nothing herein shall be deemed to forbid such community
 
                            -16-     LRB093 04731 NHT 04787 b
 1    unit school district from subsequently joining any such joint
 2    agreement vocational education program and to thereafter levy
 3    a tax under Section 17-2.4  of  this  Act  by  following  the
 4    provisions  of such Section.  In the event any such community
 5    unit school district should subsequently join any such  joint
 6    agreement  vocational education program, it shall be entitled
 7    to  a  fair  credit,  as  computed  by  the  State  Board  of
 8    Education, for any capital contributions previously  made  to
 9    such  joint agreement vocational education program from taxes
10    levied against the assessed valuation of property situated in
11    any part of the territory included within any such  community
12    unit school district.
13    (Source: P.A. 83-686.)

14        (105 ILCS 5/17-1.10 new)
15        Section  17-1.10.  References to educational purpose tax,
16    operations and maintenance purposes  tax,  or  transportation
17    purposes tax. For tax years 2003 and thereafter, if involving
18    a  school  district  having a population of less than 500,000
19    inhabitants, references to a  school  district's  educational
20    purposes  tax,  operations  and  maintenance purposes tax, or
21    transportation purposes tax under this Code or any other  law
22    of  this  State  shall  be deemed to refer to that district's
23    general educational purposes tax.

24        (105 ILCS 5/17-1.15 new)
25        Sec.  17-1.15.  References  to  educational   fund.    If
26    involving  a school district having a population of less than
27    500,000  inhabitants,  references  to  a  school   district's
28    educational  fund  under  this  Code or any other law of this
29    State shall be deemed to refer  to  that  district's  general
30    educational fund.

31        (105 ILCS 5/17-2) (from Ch. 122, par. 17-2)
 
                            -17-     LRB093 04731 NHT 04787 b
 1        Sec.   17-2.  Tax  levies;  purposes;  rates.  Except  as
 2    otherwise provided in Articles 12 and 13  of  this  Act,  the
 3    following maximum rates shall apply to all taxes levied after
 4    the effective date of this amendatory Act of the 93rd General
 5    Assembly August 10, 1965, in districts having a population of
 6    less  than  500,000  inhabitants,  including  those districts
 7    organized under Article 11 of the  School  Code.  The  school
 8    board  of  any  district  having  a  population  of less than
 9    500,000 inhabitants may levy a tax annually, at not to exceed
10    the maximum rates and for the specified  purposes,  upon  all
11    the  taxable  property  of  the  district  at  the  value, as
12    equalized  or  assessed  by  the  Department  of  Revenue  as
13    follows:
14             (1)  Districts maintaining only grades 1 through  8,
15        1.36% for general educational purposes.
16             (2)  Districts maintaining only grades 9 through 12,
17        1.36% for general educational purposes.
18             (3)  Districts   maintaining   grades   kindergarten
19        through 12, 2.63% for general educational purposes.
20             (1)  districts  maintaining only grades 1 through 8,
21        .92% for educational purposes and .25% for operations and
22        maintenance purposes;
23             (2)  districts maintaining only grades 9 through 12,
24        .92% for educational purposes and .25% for operations and
25        maintenance purposes;
26             (3)  districts  maintaining  grades  1  through  12,
27        1.63% for the 1985-86 school year, 1.68% for the  1986-87
28        school  year, 1.75% for the 1987-88 school year and 1.84%
29        for  the  1988-89  school   year   and   thereafter   for
30        educational  purposes  and  .405%  for the 1989-90 school
31        year, .435% for the 1990-91 school year,  .465%  for  the
32        1991-92 school year, and .50% for the 1992-93 school year
33        and thereafter for operations and maintenance purposes;
34             (4)  all  districts,  0.75%  for capital improvement
 
                            -18-     LRB093 04731 NHT 04787 b
 1        purposes (which is in addition to the levy for operations
 2        and maintenance purposes), which tax  is  to  be  levied,
 3        accumulated  for  not  more  than  6 years, and spent for
 4        capital improvement purposes (including but  not  limited
 5        to the construction of a new school building or buildings
 6        or the purchase of school grounds on which any new school
 7        building  is  to be constructed or located, or both) only
 8        in accordance with Section 17-2.3 of this Act;
 9             (5)  districts maintaining only grades 1 through  8,
10        .12% for transportation purposes, provided that districts
11        maintaining only grades kindergarten through 8 which have
12        an enrollment of at least 2600 students may levy, subject
13        to  Section  17-2.2,  at  not to exceed a maximum rate of
14        .20% for transportation purposes for any school  year  in
15        which  the number of students requiring transportation in
16        the district  exceeds  by  at  least  2%  the  number  of
17        students  requiring transportation in the district during
18        the preceding school year, as verified in the  district's
19        claim  for  pupil transportation and reimbursement and as
20        certified by the State Board of Education to  the  county
21        clerk of the county in which such district is located not
22        later  than  November 15 following the submission of such
23        claim; districts maintaining only grades  9  through  12,
24        .12%   for   transportation   purposes;   and   districts
25        maintaining  grades  1  through  12, .14% for the 1985-86
26        school year, .16% for the 1986-87 school year,  .18%  for
27        the  1987-88  school year and .20% for the 1988-89 school
28        year and thereafter, for transportation purposes;
29             (6)  districts providing summer  classes,  .15%  for
30        educational  purposes,  subject to Section 17-2.1 of this
31        Act.
32        Whenever any special charter  school  district  operating
33    grades  1  through  12, has organized or shall organize under
34    the  general  school  law,  the  district  so  organized  may
 
                            -19-     LRB093 04731 NHT 04787 b
 1    continue to levy taxes at not to exceed  the  rate  at  which
 2    taxes  were  last  actually  extended  by the special charter
 3    district, except that if such rate at which taxes  were  last
 4    actually  extended  by such special charter district was less
 5    than the maximum rate  for  districts  maintaining  grades  1
 6    through  12  authorized  under  this  Section,  such  special
 7    charter district nevertheless may levy taxes at a rate not to
 8    exceed  the  maximum  rate for districts maintaining grades 1
 9    through 12 authorized under this Section, and except that  if
10    any  such  district  maintains  only  grades 1 through 8, the
11    board may levy, for general educational purposes, at  a  rate
12    not  to  exceed  the  maximum  rate  for elementary districts
13    authorized under this Section.
14        Whenever 2 or more school districts  reorganize  pursuant
15    to   Article  11A  or  11B  of  this  Code  into  a  district
16    maintaining grades kindergarten through 12, the newly  formed
17    district  may  levy  a  tax annually, for general educational
18    purposes, at a rate not to exceed 2.67% upon all the  taxable
19    property  of  the  district  at  the  value  as  equalized or
20    assessed by the Department of Revenue.
21        Maximum rates before or after established  in  excess  of
22    those  prescribed shall not be affected by the amendatory Act
23    of 1965.
24    (Source: P.A. 87-984; 87-1023; 88-45.)

25        (105 ILCS 5/17-2.2c) (from Ch. 122, par. 17-2.2c)
26        Sec. 17-2.2c.  Tax for leasing educational facilities  or
27    computer  technology  or  both,  and for temporary relocation
28    expense purposes.  The  school  board  of  any  district,  by
29    proper resolution, may levy an annual tax, in addition to any
30    other  taxes  and  not  subject  to the limitations specified
31    elsewhere in this Article, not to exceed .05% upon the  value
32    of  the  taxable  property  as  equalized  or assessed by the
33    Department of Revenue, for the purpose of leasing educational
 
                            -20-     LRB093 04731 NHT 04787 b
 1    facilities or computer technology or both, and, in  order  to
 2    repay  the  State  all moneys distributed to it for temporary
 3    relocation expenses of the district, may levy an  annual  tax
 4    not  to exceed .05% upon the value of the taxable property as
 5    equalized or assessed by the  Department  of  Revenue  for  a
 6    period not to exceed 7 years for the purpose of providing for
 7    the  repayment of moneys distributed for temporary relocation
 8    expenses of the school district pursuant to Section 2-3.77.
 9        Whenever 2 or more school districts  reorganize  pursuant
10    to   Article  11A  or  11B  of  this  Code  into  a  district
11    maintaining grades kindergarten through 12, the newly  formed
12    district  may levy a tax annually, for leasing purposes, at a
13    rate not to exceed 0.10% upon all the taxable property of the
14    district at  the  value  as  equalized  or  assessed  by  the
15    Department of Revenue.
16        The tax rate limit specified by this Section with respect
17    to   an   annual  tax  levied  for  the  purpose  of  leasing
18    educational facilities or computer technology or both may  be
19    increased  to  .10%  upon  the  approval  of a proposition to
20    effect such increase by a majority of the electors voting  on
21    that  proposition  at  a  regular  scheduled  election.  Such
22    proposition may be initiated  by  resolution  of  the  school
23    board  and  shall be certified by the secretary to the proper
24    election authorities for submission in  accordance  with  the
25    general election law.
26        The  district  is  authorized  to  pledge  any tax levied
27    pursuant  to  this  Section  for  the  purpose   of   leasing
28    educational  facilities  or  computer  technology  or both to
29    secure the payment of any lease, lease-purchase agreement, or
30    installment purchase agreement entered into by  the  district
31    for such purpose.
32        For the purposes of this Section, "leasing of educational
33    facilities  or  computer  technology  or  both"  includes any
34    payment with respect to a lease, lease-purchase agreement, or
 
                            -21-     LRB093 04731 NHT 04787 b
 1    installment purchase agreement to acquire or  use  buildings,
 2    rooms,  grounds, and appurtenances to be used by the district
 3    for the use of schools or for school administration  purposes
 4    and all equipment, fixtures, renovations, and improvements to
 5    existing  facilities of the district necessary to accommodate
 6    computers, as well as computer hardware and software.
 7        Any school district may abolish or  abate  its  fund  for
 8    leasing educational facilities or computer technology or both
 9    and  for  temporary  relocation  expense  purposes  upon  the
10    adoption   of   a   resolution   so   providing  and  upon  a
11    determination by the school board that the moneys in the fund
12    are no longer needed for leasing  educational  facilities  or
13    computer  technology  or  both  or  for  temporary relocation
14    expense purposes.  The resolution shall direct  the  transfer
15    of any balance in the fund to another school district fund or
16    funds   immediately   upon   the  resolution  taking  effect.
17    Thereafter, any outstanding  taxes  of  the  school  district
18    levied  pursuant  to this Section shall be collected and paid
19    into the fund or funds  as  directed  by  the  school  board.
20    Nothing  in this Section shall prevent a school district that
21    has abolished or abated the fund from again creating  a  fund
22    for   leasing   educational   facilities  and  for  temporary
23    relocation expense purposes in the manner  provided  in  this
24    Section.
25    (Source: P.A.  89-106,  eff.  7-7-95;  90-97,  eff.  7-11-97;
26    90-464, eff. 8-17-97; 90-655, eff. 7-30-98.)

27        (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
28        Sec.  17-2.11.  School  board  power  to levy a tax or to
29    borrow money and issue bonds  for  fire  prevention,  safety,
30    energy conservation, disabled accessibility, school security,
31    and  specified  repair purposes. Whenever, as a result of any
32    lawful order of any agency, other than a school board, having
33    authority to enforce any school building code  applicable  to
 
                            -22-     LRB093 04731 NHT 04787 b
 1    any  facility  that houses students, or any law or regulation
 2    for the protection and safety of the environment, pursuant to
 3    the Environmental Protection Act, any school district  having
 4    a  population of less than 500,000 inhabitants is required to
 5    alter or reconstruct any school building or permanent,  fixed
 6    equipment;  or  whenever any such district determines that it
 7    is necessary for energy conservation purposes that any school
 8    building or permanent, fixed equipment should be  altered  or
 9    reconstructed  and  that  such  alterations or reconstruction
10    will be made with funds not necessary for the  completion  of
11    approved  and  recommended  projects  contained in any safety
12    survey report or amendments  thereto  authorized  by  Section
13    2-3.12  of this Act; or whenever any such district determines
14    that it is necessary for disabled accessibility purposes  and
15    to  comply  with  the  school  building  code that any school
16    building or equipment should be altered or reconstructed  and
17    that  such  alterations  or  reconstruction will be made with
18    funds not  necessary  for  the  completion  of  approved  and
19    recommended projects contained in any safety survey report or
20    amendments  thereto  authorized  under Section 2-3.12 of this
21    Act; or whenever any such  district  determines  that  it  is
22    necessary  for  school  security  purposes  and  the  related
23    protection and safety of pupils and school personnel that any
24    school   building   or   property   should   be   altered  or
25    reconstructed  or  that  security   systems   and   equipment
26    (including  but  not limited to intercom, early detection and
27    warning, access control and  television  monitoring  systems)
28    should be purchased and installed, and that such alterations,
29    reconstruction or purchase and installation of equipment will
30    be  made  with  funds  not  necessary  for  the completion of
31    approved and recommended projects  contained  in  any  safety
32    survey  report  or  amendment  thereto  authorized by Section
33    2-3.12 of this Act and will deter  and  prevent  unauthorized
34    entry  or  activities  upon  school  property  by  unknown or
 
                            -23-     LRB093 04731 NHT 04787 b
 1    dangerous persons, assure early detection and advance warning
 2    of  any  such  actual  or  attempted  unauthorized  entry  or
 3    activities and help assure the continued safety of pupils and
 4    school staff if any such unauthorized entry  or  activity  is
 5    attempted  or  occurs;  or if a school district does not need
 6    funds  for  other  fire  prevention  and   safety   projects,
 7    including the completion of approved and recommended projects
 8    contained  in  any safety survey report or amendments thereto
 9    authorized  by  Section  2-3.12  of  this  Act,  and  it   is
10    determined  after  a  public hearing (which is preceded by at
11    least one published notice (i)  occurring  at  least  7  days
12    prior  to  the  hearing in a newspaper of general circulation
13    within the school district and (ii) setting forth  the  time,
14    date,  place, and general subject matter of the hearing) that
15    there is a substantial, immediate, and otherwise  unavoidable
16    threat  to  the  health,  safety, or welfare of pupils due to
17    disrepair of school sidewalks, playgrounds, parking lots,  or
18    school bus turnarounds and repairs must be made:  then in any
19    such  event,  such district may, by proper resolution, levy a
20    tax  for  the  purpose   of   making   such   alteration   or
21    reconstruction,  based  on a survey report by an architect or
22    engineer licensed in the State  of  Illinois,  upon  all  the
23    taxable  property of the district at the value as assessed by
24    the Department of Revenue at a rate not to exceed   .05%  per
25    year  for  a  period  sufficient to finance such alterations,
26    repairs, or reconstruction, upon the following conditions:
27             (a)  When there are not sufficient  funds  available
28        in  either  the  operations  and  maintenance fund of the
29        district or the fire prevention and safety  fund  of  the
30        district  as  determined  by the district on the basis of
31        regulations adopted by the State Board  of  Education  to
32        make  such alterations, repairs, or reconstruction, or to
33        purchase and install such permanent  fixed  equipment  so
34        ordered  or  determined  as necessary. Appropriate school
 
                            -24-     LRB093 04731 NHT 04787 b
 1        district records shall be made  available  to  the  State
 2        Superintendent  of Education upon request to confirm such
 3        insufficiency.
 4             (b)  When a certified estimate of  an  architect  or
 5        engineer  licensed  in  the State of Illinois stating the
 6        estimated amount necessary to  make  the  alterations  or
 7        repairs,  or  to  purchase  and install such equipment so
 8        ordered  has  been  secured  by  the  district,  and  the
 9        estimate has been approved by the regional superintendent
10        of schools, having jurisdiction of the district, and  the
11        State Superintendent of Education.  Approval shall not be
12        granted for any work that has already started without the
13        prior  express  authorization of the State Superintendent
14        of Education.  If such estimate is not approved or denied
15        approval by the regional superintendent of schools within
16        3 months after the date on which it is submitted  to  him
17        or  her, the school board of the district may submit such
18        estimate  directly  to  the   State   Superintendent   of
19        Education for approval or denial.
20        Whenever  2  or more school districts reorganize pursuant
21    to  Article  11A  or  11B  of  this  Code  into  a   district
22    maintaining  grades kindergarten through 12, the newly formed
23    district may  levy  a  tax  annually,  for  fire  prevention,
24    safety,  energy  conservation, disabled accessibility, school
25    security, and specified repair purposes, at  a  rate  not  to
26    exceed 0.10% upon all the taxable property of the district at
27    the  value  as  equalized  or  assessed  by the Department of
28    Revenue.
29        For purposes  of  this  Section  a  school  district  may
30    replace  a  school  building  or  build  additions to replace
31    portions of  a  building  when  it  is  determined  that  the
32    effectuation of the recommendations for the existing building
33    will   cost   more   than   the   replacement   costs.   Such
34    determination shall be based on  a  comparison  of  estimated
 
                            -25-     LRB093 04731 NHT 04787 b
 1    costs  made by an architect or engineer licensed in the State
 2    of  Illinois.   The  new  building  or  addition   shall   be
 3    equivalent  in  area  (square feet) and comparable in purpose
 4    and grades served and may be on  the  same  site  or  another
 5    site.   Such  replacement  may only be done upon order of the
 6    regional superintendent of schools and the  approval  of  the
 7    State Superintendent of Education.
 8        The  filing of a certified copy of the resolution levying
 9    the tax when accompanied by the certificates of the  regional
10    superintendent   of   schools  and  State  Superintendent  of
11    Education shall be the  authority  of  the  county  clerk  to
12    extend such tax.
13        The  county  clerk  of  the  county  in  which any school
14    district levying a tax under the authority of this Section is
15    located, in reducing raised levies, shall  not  consider  any
16    such  tax  as  a part of the general levy for school purposes
17    and shall not include the same in the limitation of any other
18    tax rate which may be extended.
19        Such tax shall be levied and collected in like manner  as
20    all   other   taxes  of  school  districts,  subject  to  the
21    provisions contained in this Section.
22        The tax rate limit  specified  in  this  Section  may  be
23    increased  to  .10%  upon  the  approval  of a proposition to
24    effect such increase by a majority of the electors voting  on
25    that  proposition  at  a  regular  scheduled  election.  Such
26    proposition  may  be  initiated  by  resolution of the school
27    board and shall be certified by the secretary to  the  proper
28    election  authorities  for  submission in accordance with the
29    general election law.
30        When taxes are levied by any  school  district  for  fire
31    prevention,  safety, energy conservation, and school security
32    purposes as specified in this Section, and the  purposes  for
33    which the taxes have been levied are accomplished and paid in
34    full,  and  there remain funds on hand in the Fire Prevention
 
                            -26-     LRB093 04731 NHT 04787 b
 1    and Safety Fund  from  the  proceeds  of  the  taxes  levied,
 2    including  interest  earnings  thereon,  the  school board by
 3    resolution shall use such excess and other  board  restricted
 4    funds excluding bond proceeds and earnings from such proceeds
 5    (1)  for  other  authorized  fire  prevention, safety, energy
 6    conservation,  and  school  security  purposes  or  (2)   for
 7    transfer  to  the  Operations  and  Maintenance  Fund for the
 8    purpose  of  abating  an  equal  amount  of  operations   and
 9    maintenance  purposes  taxes.  If any transfer is made to the
10    Operation and Maintenance Fund, the secretary of  the  school
11    board  shall  within  30  days notify the county clerk of the
12    amount of that transfer and direct the  clerk  to  abate  the
13    taxes  to  be  extended  for  the  purposes of operations and
14    maintenance authorized under Section 17-2 of this Act  by  an
15    amount equal to such transfer.
16        If  the  proceeds  from  the  tax levy authorized by this
17    Section are insufficient to complete the work approved  under
18    this  Section,  the  school board is authorized to sell bonds
19    without referendum under the provisions of this Section in an
20    amount that, when added to  the  proceeds  of  the  tax  levy
21    authorized  by  this  Section,  will  allow completion of the
22    approved work.
23        Such bonds shall bear interest at a rate  not  to  exceed
24    the  maximum rate authorized by law at the time of the making
25    of the contract, shall mature within 20 years from date,  and
26    shall  be signed by the president of the school board and the
27    treasurer of the school district.
28        In order to authorize and issue such  bonds,  the  school
29    board  shall  adopt  a resolution fixing the amount of bonds,
30    the date thereof, the maturities thereof, rates  of  interest
31    thereof, place of payment and denomination, which shall be in
32    denominations of not less than $100 and not more than $5,000,
33    and  provide  for  the levy and collection of a direct annual
34    tax upon all the taxable  property  in  the  school  district
 
                            -27-     LRB093 04731 NHT 04787 b
 1    sufficient to pay the principal and interest on such bonds to
 2    maturity.   Upon the filing in the office of the county clerk
 3    of the county in which the school district is  located  of  a
 4    certified  copy  of  the  resolution,  it  is the duty of the
 5    county clerk to extend the tax therefor in addition to and in
 6    excess of all other taxes heretofore or hereafter  authorized
 7    to be levied by such school district.
 8        After  the  time such bonds are issued as provided for by
 9    this Section, if additional  alterations  or  reconstructions
10    are  required  to  be made because of surveys conducted by an
11    architect or engineer licensed in the State of Illinois,  the
12    district may levy a tax at a rate not to exceed .05% per year
13    upon  all  the  taxable  property  of  the  district or issue
14    additional  bonds,  whichever  action  shall  be   the   most
15    feasible.
16        This  Section  is  cumulative  and  constitutes  complete
17    authority  for  the  issuance  of  bonds  as provided in this
18    Section notwithstanding any  other  statute  or  law  to  the
19    contrary.
20        With  respect  to  instruments  for  the payment of money
21    issued under this Section either before,  on,  or  after  the
22    effective  date  of  Public Act 86-004 (June 6, 1989), it is,
23    and always has been, the intention of  the  General  Assembly
24    (i)  that  the  Omnibus  Bond Acts are, and always have been,
25    supplementary  grants  of  power  to  issue  instruments   in
26    accordance  with  the  Omnibus  Bond  Acts, regardless of any
27    provision of this Act that may appear to be or to  have  been
28    more restrictive than those Acts, (ii) that the provisions of
29    this  Section  are  not  a  limitation  on  the supplementary
30    authority granted by the Omnibus Bond Acts,  and  (iii)  that
31    instruments    issued   under   this   Section   within   the
32    supplementary authority granted by the Omnibus Bond Acts  are
33    not  invalid  because  of  any provision of this Act that may
34    appear to be or to have  been  more  restrictive  than  those
 
                            -28-     LRB093 04731 NHT 04787 b
 1    Acts.
 2        When  the  purposes  for  which the bonds are issued have
 3    been accomplished and paid for in full and there remain funds
 4    on hand from the proceeds  of  the  bond  sale  and  interest
 5    earnings  therefrom, the board shall, by resolution, use such
 6    excess funds in accordance with  the  provisions  of  Section
 7    10-22.14 of this Act.
 8        Whenever  any  tax  is  levied  or  bonds issued for fire
 9    prevention, safety, energy conservation, and school  security
10    purposes,  such proceeds shall be deposited and accounted for
11    separately within the Fire Prevention and Safety Fund.
12    (Source: P.A. 88-251; 88-508; 88-628,  eff.  9-9-94;  88-670,
13    eff. 12-2-94; 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)

14        (105 ILCS 5/17-2C)
15        Sec.  17-2C.  Transfer from Restricted Uses Tort Immunity
16    Fund by financially distressed school districts.  The  school
17    board  of any school district that is certified under Section
18    19-1.5 as a financially distressed  school  district  may  by
19    resolution  transfer  from  the Restricted Uses Tort Immunity
20    Fund to any other school district fund an amount of money not
21    to exceed the lesser of $2,500,000 or 0.6% of  the  value  of
22    the taxable property within the district, provided the amount
23    transferred  is  not  then  required  for  the payment of any
24    liabilities created by a  settlement  or  a  tort  judgement,
25    defense  costs,  or  for the payment of any liabilities under
26    the Unemployment Insurance Act,  Workers'  Compensation  Act,
27    Workers'  Occupational  Diseases Act, or risk care management
28    programs.
29    (Source: P.A. 91-357, eff. 7-29-99.)

30        (105 ILCS 5/17-3) (from Ch. 122, par. 17-3)
31        Sec. 17-3. Additional levies-Submission  to  voters.  The
32    school board in any district having a population of less than
 
                            -29-     LRB093 04731 NHT 04787 b
 1    500,000  inhabitants  may,  by  proper  resolution,  cause  a
 2    proposition  to  increase,  for  a limited period of not less
 3    than 3 nor more than 10 years or for an unlimited period, the
 4    annual tax  rate  for  general  educational  purposes  to  be
 5    submitted  to  the  voters  of  such  district  at  a regular
 6    scheduled election as follows:
 7             (1)  in districts maintaining grades 1 through 8, or
 8        grades 9 through 12, the  maximum  rate  for  educational
 9        purposes  shall  not  exceed  5.10%  3.5% of the value as
10        equalized or assessed by the Department of Revenue;
11             (2)  in districts maintaining grades kindergarten  1
12        through  12  the  maximum  rate  for  general educational
13        purposes shall not exceed 6.45%. 4.00%, except that if  a
14        single  elementary  district  and  a  secondary  district
15        having  boundaries  that are coterminous on the effective
16        date  of  this  amendatory  Act  form  a  community  unit
17        district under Section 11-6, then the  maximum  rate  for
18        education  purposes  for  such  district shall not exceed
19        6.00% of the  value  as  equalized  or  assessed  by  the
20        Department of Revenue.
21        If  the  resolution of the school board seeks to increase
22    the annual tax rate for educational purposes  for  a  limited
23    period  of  not  less  than  3  nor  more  than 10 years, the
24    proposition shall so state and shall identify the  years  for
25    which the tax increase is sought.
26        If  a majority of the votes cast on the proposition is in
27    favor  thereof  at  an  election  for  which   the   election
28    authorities  have  given notice either (i) in accordance with
29    Section 12-5 of the Election Code or (ii) by publication of a
30    true and legible copy of the specimen ballot label containing
31    the proposition in the form in  which  it  appeared  or  will
32    appear  on  the  official  ballot  label  on  the  day of the
33    election at least 5 days before the day of the election in at
34    least  one  newspaper  published  in  and  having  a  general
 
                            -30-     LRB093 04731 NHT 04787 b
 1    circulation in the district, the school board may thereafter,
 2    until such authority is revoked in like manner, levy annually
 3    the tax so authorized; provided that if  the  proposition  as
 4    approved  limits  the  increase in the annual tax rate of the
 5    district for educational purposes to a  period  of  not  less
 6    than  3 nor more than 10 years, the district may, unless such
 7    authority is sooner revoked in like manner, levy annually the
 8    tax so authorized for the limited number of years approved by
 9    a majority of  the  votes  cast  on  the  proposition.   Upon
10    expiration  of  that  limited  period,  the rate at which the
11    district may annually levy its tax for  educational  purposes
12    shall be the rate provided under Section 17-2, or the rate at
13    which  the  district  last  levied  its  tax  for educational
14    purposes prior to approval of the proposition authorizing the
15    levy of that tax at an increased rate, whichever is greater.
16        The school board shall certify  the  proposition  to  the
17    proper  election  authorities  in accordance with the general
18    election law.
19        The provisions of this Section concerning notice  of  the
20    tax  rate  increase  referendum  apply  only  to consolidated
21    primary elections held prior to January 1, 2002 at which  not
22    less  than  55% of the voters voting on the tax rate increase
23    proposition  voted  in  favor  of  the  tax   rate   increase
24    proposition.
25    (Source: P.A. 92-6, eff. 6-7-01.)

26        (105 ILCS 5/17-3.2) (from Ch. 122, par. 17-3.2)
27        Sec.  17-3.2. Additional or supplemental budget. Whenever
28    the voters of a school district have voted  in  favor  of  an
29    increase  in  the  annual tax rate for general educational or
30    operations and maintenance purposes or both  at  an  election
31    held  after  the adoption of the annual school budget for any
32    fiscal year, the board may adopt or pass during  that  fiscal
33    year  an  additional  or  supplemental  budget under the sole
 
                            -31-     LRB093 04731 NHT 04787 b
 1    authority of this Section by a vote of a majority of the full
 2    membership of the board, any other provision of this  Article
 3    to  the  contrary  notwithstanding,  in  and  by  which  such
 4    additional or supplemental budget the board shall appropriate
 5    such  additional  sums  of  money as it may find necessary to
 6    defray expenses  and  liabilities  of  that  district  to  be
 7    incurred   for   general   educational   or   operations  and
 8    maintenance purposes or both  of  the  district  during  that
 9    fiscal  year,  but  not  in  excess  of  the additional funds
10    estimated to be available by virtue of such voted increase in
11    the annual tax rate for general educational or operations and
12    maintenance purposes or both. Such additional or supplemental
13    budget shall be regarded as an amendment of the annual school
14    budget for the fiscal year in which it is  adopted,  and  the
15    board  may levy the additional tax for general educational or
16    operations and maintenance purposes  or  both  to  equal  the
17    amount  of  the additional sums of money appropriated in that
18    additional or supplemental budget, immediately.
19    (Source: P.A. 86-1334.)

20        (105 ILCS 5/17-3.4) (from Ch. 122, par. 17-3.4)
21        Sec. 17-3.4.  Form  of  ballot  and  notice.   Except  as
22    otherwise  provided  under  subsection (d) of Section 17-6.1,
23    Whenever any proposition to authorize or to  levy  an  annual
24    tax,  or  to  increase  the  annual rate of tax levied by any
25    school district, for any school purpose is submitted  to  the
26    voters of such district at any election, each required notice
27    or  other  publication  of the election or referendum and the
28    form of ballot  shall  contain,  in  addition  to  any  other
29    matters required by law:
30             (a)  the  geographic  or  other  common  name of the
31        school district by which that district is commonly  known
32        and referred to, as well as the number of the district;
33             (b)  the  maximum  rate  at  which  such  tax may be
 
                            -32-     LRB093 04731 NHT 04787 b
 1        levied if the proposition is approved;
 2             (c)  the total dollar amount of  the  most  recently
 3        approved  annual  budget of the school district, what the
 4        total dollar amount of that annual  budget  would  be  if
 5        increased  by  the  amount of additional tax which may be
 6        levied if the proposition is approved, and what would  be
 7        the  percentage of increase in the total dollar amount of
 8        the most recently approved annual budget  of  the  school
 9        district  if  such  total dollar amount were increased by
10        the amount of additional tax which may be levied  if  the
11        proposition is approved; and
12        (d)  if the proposition is to increase the annual rate of
13    an  existing  tax  levied  by  the  school  district, then in
14    addition to the matters set forth in (a), (b) and (c)  above,
15    the  annual  rate  at  which  such  existing tax currently is
16    levied and the percentage of  increase  between  the  maximum
17    rate  at  which  such tax may be levied if the proposition is
18    approved and the annual rate at which such tax  currently  is
19    levied.
20    (Source: P.A. 86-579; 86-1318.)

21        (105 ILCS 5/17-7) (from Ch. 122, par. 17-7)
22        Sec.  17-7. Payments from tax levied. Any sum expended or
23    obligations incurred for the improvement, maintenance, repair
24    or benefit of school buildings and  property,  including  the
25    cost   of   interior   decorating   and   the   installation,
26    improvement,  repair, replacement and maintenance of building
27    fixtures, for the rental of buildings and property for school
28    purposes, or for the payment of all  premiums  for  insurance
29    upon school buildings and school building fixtures or for the
30    purchase  or equipment to be used in the school lunch program
31    shall be paid from the tax  levied  for  general  educational
32    operations  and  maintenance  purposes  and  the  purchase of
33    school grounds. The board may provide by resolution that  the
 
                            -33-     LRB093 04731 NHT 04787 b
 1    payment  of  all  salaries  of  janitors,  engineers or other
 2    custodial employees and  all  costs  of  fuel,  lights,  gas,
 3    water,   telephone   service,   and  custodial  supplies  and
 4    equipment or  the  cost  of  a  professional  survey  of  the
 5    conditions of school buildings as provided in Section 2-3.12,
 6    or  any one or more of the preceding items shall be paid from
 7    the  tax  levied  for  general  educational  operations   and
 8    maintenance  purposes  and  the purchase of school grounds in
 9    which event such salaries or specified costs, or both,  shall
10    be  so  paid  until  the next fiscal year after the repeal of
11    such resolution. Expenditures for all purposes not  specified
12    in  Sections  17-7  or  17-8  or other provisions of this Act
13    shall be made from the general educational fund.
14    (Source: P.A. 86-1334; 87-984.)

15        (105 ILCS 5/17-8) (from Ch. 122, par. 17-8)
16        Sec. 17-8.  Transportation costs paid from transportation
17    fund.  Any  transportation  operating  costs   incurred   for
18    transporting  pupils  to and from school and school sponsored
19    activities and the costs of acquiring equipment shall be paid
20    from a transportation fund to consist of moneys received from
21    any tax levy for general educational purposes  such  purpose,
22    state reimbursement for transportation, except as provided in
23    Section  29-5,  all  funds  received from other districts for
24    transporting  pupils  and  any  charges  for   transportation
25    services  rendered to individuals or auxiliary enterprises of
26    the school.
27        For the purpose of  this  Act  "transportation  operating
28    cost"  shall  include  all  costs  of  transportation  except
29    interest and rental of building facilities.
30    (Source: P.A. 85-581.)

31        (105 ILCS 5/17-9) (from Ch. 122, par. 17-9)
32        Sec.  17-9.  Extension  of taxes by county clerk-Separate
 
                            -34-     LRB093 04731 NHT 04787 b
 1    tax for payment of bonds.
 2        When the county clerk determines the amount of  taxes  to
 3    be  extended  upon  all  the  taxable  property in any school
 4    district  having  a   population   of   less   than   500,000
 5    inhabitants,  he shall determine from the certified copies of
 6    bond resolutions filed in his office the amount necessary  to
 7    pay  the  maturing  principal of and interest on any bonds of
 8    the district and shall extend a separate  tax  sufficient  to
 9    pay all principal and interest thereon which matures prior to
10    the  first  delinquent  date of taxes to be realized from the
11    next succeeding tax extension or  all  interest  and  sinking
12    fund  requirements for the payment of principal which must be
13    extended prior to  said  date.  The  separate  tax  shall  be
14    extended   without  limitation  as  to  rate  or  amount.  No
15    deduction shall be made in the rate which may be extended for
16    general educational or operations, building  and  maintenance
17    purposes  by  reason  of  any  rate  extended  for payment of
18    principal or interest of bonds, except as  provided  in  this
19    section,  nor  by  reason  of any tax required to be extended
20    pursuant to the exercise of the power  conferred  in  Section
21    10-22.12.
22    (Source: P.A. 77-2744.)

23        (105 ILCS 5/17-11) (from Ch. 122, par. 17-11)
24        Sec.  17-11.   Certificate of tax levy.  The school board
25    of each district shall ascertain,  as  near  as  practicable,
26    annually,  how  much  money must be raised by special tax for
27    transportation purposes if any and  for  general  educational
28    and  for  operations  and  maintenance  purposes for the next
29    ensuing year.  In school districts with a population of  less
30    than  500,000,  these amounts shall be certified and returned
31    to each county  clerk  on  or  before  the  last  Tuesday  in
32    December,  annually.   The certificate shall be signed by the
33    president and clerk or secretary, and may be in the following
 
                            -35-     LRB093 04731 NHT 04787 b
 1    form:
 2                       CERTIFICATE OF TAX LEVY
 3        We hereby certify that  we  require  the  sum  of  ......
 4    dollars,  to  be  levied  as a special tax for transportation
 5    purposes and the sum of ...... dollars  to  be  levied  as  a
 6    special  tax  for  general  educational purposes, and the sum
 7    ...... dollars to be levied as a special tax  for  operations
 8    and maintenance purposes, and the sum of ......, to be levied
 9    as  a  special  tax  for a working purposes cash fund, on the
10    equalized assessed value  of  the  taxable  property  of  our
11    district, for the year (insert year).
12        Signed on (insert date).
13        A ........... B ............., President
14        C ........... D............., Clerk (Secretary)
15        Dist. No. .........., ............ County

16        A  failure  by  the  school board to file the certificate
17    with the county clerk in the time required shall not  vitiate
18    the assessment.
19    (Source: P.A. 91-357, eff. 7-29-99.)

20        (105 ILCS 5/17-12) (from Ch. 122, par. 17-12)
21        Sec.  17-12.  Districts  in  two or more counties. When a
22    district lies partly in two or more counties the school board
23    shall ascertain, as near as practicable,  the  amount  to  be
24    raised  by special tax for general educational and operations
25    and maintenance purposes and shall prepare a certificate  for
26    each  county in which the district lies and shall deliver one
27    of such certificates to each of  the  county  clerks  of  the
28    counties  in which a part of the district is situated. On the
29    first Monday following the delivery of the certificate, or as
30    soon thereafter as may  be  practicable,  each  county  clerk
31    shall  ascertain  the  total  equalized  valuation of all the
32    taxable property in that part of the district as lies in  his
33    county, and certify the amount thereof to the county clerk of
 
                            -36-     LRB093 04731 NHT 04787 b
 1    each  of the other counties in which any part of the district
 2    lies. From  the aggregate of  such  equalized  valuation  and
 3    from  the certificate of the amount so required to be levied,
 4    such clerk shall ascertain the  rate  per  cent  required  to
 5    produce  in the district the amount of such levy, and at that
 6    rate shall extend the special tax to be  levied  for  general
 7    educational  and  operations and maintenance purposes in that
 8    part of the district lying in his respective county.
 9    (Source: P.A. 86-1334.)

10        (105 ILCS 5/17-16) (from Ch. 122, par. 17-16)
11        Sec. 17-16. Tax anticipation warrants. When there  is  no
12    money  in  the  treasury  of  any  school  district  having a
13    population of 500,000 or less inhabitants,  whether  governed
14    by  either  or  both  the  general school laws or any special
15    charter, to defray the necessary expenses  of  the  district,
16    including  amounts  necessary  to  pay maturing principal and
17    interest of bonds, the school board may  issue  warrants,  or
18    may  provide  a  fund  to  meet  the  expenses by issuing and
19    disposing of warrants, drawn against and in  anticipation  of
20    any taxes levied for the payment of the necessary expenses of
21    the  district, either for general transportation, educational
22    or for  all  operations  and  maintenance  purposes,  or  for
23    payments  to  the  Illinois Municipal Retirement Fund, or for
24    the payment of maturing principal and interest of  bonds,  or
25    for  fire  prevention, safety, energy conservation and school
26    security purposes, as the case may be, to the extent  of  85%
27    of  the total amount of the tax so levied. The warrants shall
28    show upon their face that they are payable in  the  numerical
29    order   of   their  issuance  solely  from  such  taxes  when
30    collected, and shall be received by any collector of taxes in
31    payment of the taxes against which they are issued, and  such
32    taxes shall be set apart and held for their payment.
33        Every  warrant  shall  bear interest, payable only out of
 
                            -37-     LRB093 04731 NHT 04787 b
 1    the taxes against which it is drawn, at a rate not  exceeding
 2    the maximum rate authorized by the Bond Authorization Act, as
 3    amended  at the time of the making of the contract, if issued
 4    before July 1, 1971 and if issued thereafter at the  rate  of
 5    not  to  exceed  the  maximum  rate  authorized  by  the Bond
 6    Authorization Act, as amended at the time of  the  making  of
 7    the  contract,  from  the  date of its issuance until paid or
 8    until notice shall be given by publication in a newspaper  or
 9    otherwise  that  the  money  for its payment is available and
10    that it will be paid on presentation, unless a lower rate  of
11    interest  is  specified  therein,  in which case the interest
12    shall be computed and paid at the lower rate.
13        With respect to instruments  for  the  payment  of  money
14    issued  under  this  Section  either before, on, or after the
15    effective date of this amendatory Act  of  1989,  it  is  and
16    always  has  been  the  intention of the General Assembly (i)
17    that  the  Omnibus  Bond  Acts  are  and  always  have   been
18    supplementary   grants  of  power  to  issue  instruments  in
19    accordance with the Omnibus  Bond  Acts,  regardless  of  any
20    provision  of  this Act that may appear to be or to have been
21    more restrictive than those Acts, (ii) that the provisions of
22    this Section  are  not  a  limitation  on  the  supplementary
23    authority  granted  by  the Omnibus Bond Acts, and (iii) that
24    instruments   issued   under   this   Section   within    the
25    supplementary  authority granted by the Omnibus Bond Acts are
26    not invalid because of any provision of  this  Act  that  may
27    appear  to  be  or  to  have been more restrictive than those
28    Acts.
29    (Source: P.A. 86-4; 86-1334; 87-984.)

30        (105 ILCS 5/19-30) (from Ch. 122, par. 19-30)
31        Sec.  19-30.  Any  school  district  which,  pursuant  to
32    Section 10-22.31b of this  Act,  has  entered  into  a  joint
33    agreement  with  one  or  more  school  districts to acquire,
 
                            -38-     LRB093 04731 NHT 04787 b
 1    build, establish and maintain sites and  buildings  for  area
 2    vocational purposes may by proper resolution borrow money for
 3    the  purpose  of  acquiring sites and buildings and building,
 4    equipping, improving and remodeling buildings and  sites  for
 5    vocational   education  purposes  and  as  evidence  of  such
 6    indebtedness issue bonds without  referendum,  provided  that
 7    the  project which is the subject of such joint agreement has
 8    been designated by the State Board  of  Vocational  Education
 9    and  Rehabilitation  as  an Area Secondary Vocational Center,
10    and  further  provided  (a)  that  such  district  has   been
11    authorized  by  referendum  to  impose  the tax under Section
12    17-2.4 of this Act, or (b) that  such  district,  not  having
13    been  so  authorized  by  such  referendum, by resolution has
14    authorized the payment of its proportionate share of the cost
15    of the area vocational center under such agreement from funds
16    raised by building tax levies.  The proceeds of the  sale  of
17    such  bonds may, in the discretion of the school board of the
18    district issuing such bonds, be transferred  to  the  Capital
19    Development Board, any other school district which is a party
20    to  such  joint agreement or the State or any of its agencies
21    provided, however, that such board first determines that such
22    transfer is necessary in order to accomplish the purposes for
23    which such bonds are issued.  The amount of the bonds  issued
24    by  any  such  participating school district shall not exceed
25    the district's estimated proportionate share of the  cost  of
26    the  area  vocational center as budgeted under such agreement
27    and as certified by the State Board of  Vocational  Education
28    and   Rehabilitation,   and   provided   that  (a)  any  such
29    participating  district  which   has   been   authorized   by
30    referendum  to  impose  the  tax under Section 17-2.4 of this
31    Act, shall thereafter reduce  the  maximum  statutory  amount
32    which  may be raised by such levy under Section 17-2.4 to the
33    extent of the total amount to be yielded by the imposition of
34    the  tax  authorized  by  this  Section,  and  (b)  any  such
 
                            -39-     LRB093 04731 NHT 04787 b
 1    participating district, not having been so authorized by such
 2    referendum, but having by resolution authorized  the  payment
 3    of its proportionate share of the cost of the area vocational
 4    center  under  such  joint  agreement  from  funds  raised by
 5    building tax levies, shall thereafter,  annually  reduce  the
 6    maximum statutory amount which may be raised by such building
 7    tax levies to the extent of the amount to be yielded annually
 8    by  the  imposition  of  the  tax authorized by this Section.
 9    Such bonds shall bear interest at a rate of not to exceed the
10    maximum rate authorized by the  Bond  Authorization  Act,  as
11    amended  at the time of the making of the contract, and shall
12    mature within 20 years from date.
13        The failure on the part of a school district to abate  or
14    reduce  such  taxes  as described in this Section (a) and (b)
15    shall not constitute a forfeiture  by  the  district  of  its
16    right  to  levy  the  direct  annual  tax  authorized by this
17    Section.
18        In order to authorize and issue such  bonds,  the  school
19    board  shall  adopt  a  resolution  fixing  the amount of the
20    bonds,  the  date  thereof,  maturities  thereof,  rates   of
21    interest  thereof,  place  of payment and denomination, which
22    shall be in denominations of not less than $100 and not  more
23    than  $5,000  and  provide  for  the levy and collection of a
24    direct annual tax upon all the taxable property in the school
25    district sufficient to pay the principal of and  interest  on
26    such bonds to maturity.  Upon the filing in the office of the
27    County Clerk or Clerks of the County or Counties in which the
28    school  district  is  located  of  a  certified  copy of such
29    resolution it shall be the  duty  of  such  County  Clerk  or
30    Clerks  to  extend  the  tax  therefor, in addition to and in
31    excess of all other taxes heretofore or hereafter  authorized
32    to be levied by such school district.
33        This  Section shall be cumulative and it shall constitute
34    complete  authority  for  site  acquisitions   and   building
 
                            -40-     LRB093 04731 NHT 04787 b
 1    programs  and  for  the  issuance  of  bonds  as provided for
 2    hereunder, notwithstanding any other statute or  law  to  the
 3    contrary.
 4        With  respect  to  instruments  for  the payment of money
 5    issued under this Section either before,  on,  or  after  the
 6    effective  date  of  this  amendatory  Act of 1989, it is and
 7    always has been the intention of  the  General  Assembly  (i)
 8    that   the  Omnibus  Bond  Acts  are  and  always  have  been
 9    supplementary  grants  of  power  to  issue  instruments   in
10    accordance  with  the  Omnibus  Bond  Acts, regardless of any
11    provision of this Act that may appear to be or to  have  been
12    more restrictive than those Acts, (ii) that the provisions of
13    this  Section  are  not  a  limitation  on  the supplementary
14    authority granted by the Omnibus Bond Acts,  and  (iii)  that
15    instruments    issued   under   this   Section   within   the
16    supplementary authority granted by the Omnibus Bond Acts  are
17    not  invalid  because  of  any provision of this Act that may
18    appear to be or to have  been  more  restrictive  than  those
19    Acts.
20    (Source: P.A. 86-4.)

21        (105 ILCS 5/19-31) (from Ch. 122, par. 19-31)
22        Sec.  19-31.   Any  school  district  which,  pursuant to
23    Section 10-22.31b of this Act, or under the provisions of the
24    "Intergovernmental Cooperation Act", has entered into a joint
25    agreement or contract with one or more  school  districts  to
26    acquire,  build,  establish  and maintain sites and buildings
27    for the education of one or more of  the  types  of  children
28    with  disabilities  as  defined  in  Sections 14-1.02 through
29    14-1.07 of this Act, may by proper resolution  of  the  board
30    borrow money for the purpose of acquiring sites and buildings
31    and  building,  equipping, improving and remodeling buildings
32    and  sites  for  such  special  education  purposes,  and  as
33    evidence of such indebtedness issue bonds, provided that  the
 
                            -41-     LRB093 04731 NHT 04787 b
 1    project which is the subject of such joint agreement has been
 2    approved  by  the  State Board of Education.  The proceeds of
 3    the sale of such bonds may, in the discretion of  the  school
 4    board  of  the district issuing such bonds, be transferred to
 5    the Capital Development  Board,  any  other  school  district
 6    which is a party to such joint agreement, or the State or any
 7    of  its  agencies  provided,  however,  that such board first
 8    determines that  such  transfer  is  necessary  in  order  to
 9    accomplish the purposes for which such bonds are issued.  The
10    amount  of  the bonds issued by any such participating school
11    district  shall   not   exceed   the   district's   estimated
12    proportionate  share  of  the  cost of such special education
13    purposes as budgeted under such joint agreement or  contract,
14    and shall be amortized over a period not exceeding the number
15    of  years  of  levy remaining available to such participating
16    school district  under  Section  17-2.2a  of  this  Act,  and
17    provided  further  that any such participating district shall
18    thereafter reduce the maximum statutory amount which  may  be
19    raised  by  the  tax levy authorized under Section 17-2.2a of
20    this Act to the extent of the total amount to be  yielded  by
21    the  imposition  of  the tax authorized by this Section.  The
22    failure on the part of a school district to abate  or  reduce
23    such  taxes  shall not however constitute a forfeiture by the
24    district  of  its  right  to  levy  the  direct  annual   tax
25    authorized by this Section.
26        Such bonds shall bear interest at a rate of not to exceed
27    the maximum rate authorized by the Bond Authorization Act, as
28    amended  at the time of the making of the contract, and shall
29    mature within 8 years from the date of issuance.  In order to
30    authorize and issue such bonds, the school board shall  adopt
31    a  resolution  fixing  the  amount  of  the  bonds,  the date
32    thereof, maturities thereof, rates of interest thereof, place
33    of payment and denomination, which shall be in  denominations
34    of  not  less  than $100 and not more than $5,000 and provide
 
                            -42-     LRB093 04731 NHT 04787 b
 1    for the levy and collection of a direct annual tax  upon  all
 2    the taxable property in the school district sufficient to pay
 3    the  principal of and interest on such bonds to maturity, but
 4    not to exceed the  levy  authorized  under  Section  17-2.2a.
 5    Upon  the  filing in the office of the County Clerk or Clerks
 6    of the County or Counties in which  the  school  district  is
 7    located  of  a  certified copy of such resolution it shall be
 8    the duty of such County Clerk or Clerks  to  extend  the  tax
 9    therefor,  in  addition  to  and in excess of all other taxes
10    heretofore or hereafter  authorized  to  be  levied  by  such
11    school district.
12        This  Section shall be cumulative and it shall constitute
13    complete  authority  for  site  acquisitions   and   building
14    programs  and  for  the  issuance  of  bonds  as provided for
15    hereunder, notwithstanding any other statute or  law  to  the
16    contrary.
17        Notwithstanding the other provisions of this Section, any
18    school   district   qualifying   for   a   special  education
19    construction grant pursuant to the Capital Development  Board
20    Act  may  finance the construction project by levying the tax
21    authorized by Section 17-2.2a and issuing bonds in the manner
22    provided for in this Section at a  rate  not  to  exceed  the
23    maximum  rate  authorized  by  the Bond Authorization Act, as
24    amended at the time of the making of  the  contract,  with  a
25    maturity  date  not  more  than  20  years  from  the date of
26    issuance.
27        With respect to instruments  for  the  payment  of  money
28    issued  under  this  Section  either before, on, or after the
29    effective date of this amendatory Act  of  1989,  it  is  and
30    always  has  been  the  intention of the General Assembly (i)
31    that  the  Omnibus  Bond  Acts  are  and  always  have   been
32    supplementary   grants  of  power  to  issue  instruments  in
33    accordance with the Omnibus  Bond  Acts,  regardless  of  any
34    provision  of  this Act that may appear to be or to have been
 
                            -43-     LRB093 04731 NHT 04787 b
 1    more restrictive than those Acts, (ii) that the provisions of
 2    this Section  are  not  a  limitation  on  the  supplementary
 3    authority  granted  by  the Omnibus Bond Acts, and (iii) that
 4    instruments   issued   under   this   Section   within    the
 5    supplementary  authority granted by the Omnibus Bond Acts are
 6    not invalid because of any provision of  this  Act  that  may
 7    appear  to  be  or  to  have been more restrictive than those
 8    Acts.
 9    (Source: P.A. 89-397, eff. 8-20-95.)

10        (105 ILCS 5/Art. 20 heading)
11            ARTICLE 20. RESTRICTED USES WORKING CASH FUND

12        (105 ILCS 5/20-1) (from Ch. 122, par. 20-1)
13        Sec. 20-1. Authority to create  restricted  uses  working
14    cash  fund.  In each school district, whether organized under
15    general law or special charter, having a population  of  less
16    than 500,000 inhabitants, a fund to be known as a "Restricted
17    Uses  Working  Cash  Fund"  may  be  created,  maintained and
18    administered in the manner prescribed in  this  Article,  for
19    the  purpose of enabling the district to have in its treasury
20    at all time sufficient money  to  meet  demands  thereon  for
21    ordinary  and  necessary expenditures for corporate purposes.
22    In  addition,  expenses  for  benefits  paid  to   classified
23    employees  and tort judgment expenses shall be paid from this
24    fund.
25        If involving a school district  having  a  population  of
26    less   than  500,000  inhabitants,  references  to  a  school
27    district's working cash fund under this Code or any other law
28    of this State shall be deemed to  refer  to  that  district's
29    restricted uses fund.
30    (Source: P.A. 80-272.)

31        (105 ILCS 5/20-2) (from Ch. 122, par. 20-2)
 
                            -44-     LRB093 04731 NHT 04787 b
 1        Sec.  20-2.  Indebtedness  and  bonds. For the purpose of
 2    creating a restricted uses  working  cash  fund,  the  school
 3    board  of  any  such  district  may incur an indebtedness and
 4    issue working cash bonds as evidence thereof in an amount  or
 5    amounts  not  exceeding  in  the  aggregate  85% of the taxes
 6    permitted to be levied for general educational  purposes  for
 7    the  then  current  year  to be determined by multiplying the
 8    maximum general  educational  tax  rate  applicable  to  such
 9    school  district by the last assessed valuation as determined
10    at the time of the issue of said bonds plus 85% of  the  last
11    known  entitlement of such district to taxes as by law now or
12    hereafter enacted or amended, imposed by the General Assembly
13    of the State of Illinois to replace revenue lost by units  of
14    local  government  and  school  districts  as a result of the
15    abolition of ad valorem personal property taxes, pursuant  to
16    Article  IX,  Section 5, paragraph (c) of the Constitution of
17    the State  of  Illinois,  except  that  a  district  that  is
18    certified  under  Section  19-1.5 as a financially distressed
19    district  may  incur  an  indebtedness  and  issue  bonds  as
20    evidence thereof in an amount or amounts not exceeding in the
21    aggregate 125% of  the  taxes  permitted  to  be  levied  for
22    general  educational purposes for the then current year to be
23    determined by multiplying the maximum general educational tax
24    rate applicable to that school district by the last  assessed
25    valuation  as  determined  at the time of the issuance of the
26    bonds plus  125%  of  the  last  known  entitlement  of  that
27    district  to  taxes  that  by law now or hereafter enacted or
28    amended are  imposed  by  the  General  Assembly  to  replace
29    revenue   lost  by  units  of  local  government  and  school
30    districts as a result of the abolition of ad valorem personal
31    property taxes, pursuant to Article IX, Section 5,  paragraph
32    (c)  of  the Constitution of the State of Illinois. The bonds
33    shall bear  interest  at  not  more  than  the  maximum  rate
34    authorized  by  the Bond Authorization Act, as amended at the
 
                            -45-     LRB093 04731 NHT 04787 b
 1    time of the making of the contract, if issued before  January
 2    1,  1972 and not more than the maximum rate authorized by the
 3    Bond Authorization Act, as amended at the time of the  making
 4    of  the  contract,  if issued after January 1, 1972 and shall
 5    mature within 20 years from the date thereof. Subject to  the
 6    foregoing  limitations  as to amount, the bonds may be issued
 7    in an amount including existing indebtedness which  will  not
 8    exceed    the   constitutional   limitation   as   to   debt,
 9    notwithstanding  any  statutory  debt   limitation   to   the
10    contrary. When bonds have been issued under this Article by a
11    school district that is certified as a financially distressed
12    district  under  Section  19-1.5,  the amount of those bonds,
13    when and after they are  issued,  whether  issued  before  or
14    after  such certification, shall not be considered debt under
15    any statutory debt limitation and shall be excluded from  the
16    computation  and determination of any statutory or other debt
17    limitation applicable to the financially distressed district.
18    The school board shall before or at the time of  issuing  the
19    bonds  provide for the collection of a direct annual tax upon
20    all the taxable property within the  district  sufficient  to
21    pay the principal thereof at maturity and to pay the interest
22    thereon  as  it  falls due, which tax shall be in addition to
23    the  maximum  amount  of  all  other  taxes,  either  general
24    educational; transportation; operations and  maintenance;  or
25    fire  prevention  and  safety  fund  taxes,  now or hereafter
26    authorized and in addition to any limitations upon  the  levy
27    of taxes as provided by Sections 17-2 through 17-9. The bonds
28    may be issued redeemable at the option of the school board of
29    the  district issuing them on any interest payment date on or
30    after 5 years from date of issue.
31        With respect to instruments  for  the  payment  of  money
32    issued  under  this  Section  either before, on, or after the
33    effective date of this amendatory Act  of  1989,  it  is  and
34    always  has  been  the  intention of the General Assembly (i)
 
                            -46-     LRB093 04731 NHT 04787 b
 1    that  the  Omnibus  Bond  Acts  are  and  always  have   been
 2    supplementary   grants  of  power  to  issue  instruments  in
 3    accordance with the Omnibus  Bond  Acts,  regardless  of  any
 4    provision  of  this Act that may appear to be or to have been
 5    more restrictive than those Acts, (ii) that the provisions of
 6    this Section  are  not  a  limitation  on  the  supplementary
 7    authority  granted  by  the Omnibus Bond Acts, and (iii) that
 8    instruments   issued   under   this   Section   within    the
 9    supplementary  authority granted by the Omnibus Bond Acts are
10    not invalid because of any provision of  this  Act  that  may
11    appear  to  be  or  to  have been more restrictive than those
12    Acts.
13    (Source: P.A. 87-984; 88-641, eff. 9-9-94.)

14        (105 ILCS 5/20-3) (from Ch. 122, par. 20-3)
15        Sec. 20-3. Tax levy.  For the purpose of providing moneys
16    for a restricted uses working cash fund, the school board  of
17    any  such school district may also levy annually upon all the
18    taxable property of  their  district  a  tax,  known  as  the
19    "working  cash  fund  tax,"  not to exceed 0.05% of value, as
20    equalized or assessed by the Department of Revenue. Provided,
21    that: (1) no such tax shall be levied if bonds are issued  in
22    amount  or  amounts  equal in the aggregate to the limitation
23    set forth in Section 20-2 for the creation  of  a  restricted
24    uses  working  cash fund; (2) no such tax shall be levied and
25    extended by a school district that  is  not  certified  as  a
26    financially  distressed  district under Section 19-1.5 if the
27    amount of the  tax  so  to  be  extended  will  increase  the
28    restricted uses working cash fund to a total amount exceeding
29    85%  of  the  taxes  last  extended  for  general educational
30    purposes  of  the  district  plus  85%  of  the  last   known
31    entitlement  of  such  district  to  taxes  as  by law now or
32    hereafter enacted or amended, imposed by the General Assembly
33    of the State of Illinois to replace revenue lost by units  of
 
                            -47-     LRB093 04731 NHT 04787 b
 1    local  government  and  school  districts  as a result of the
 2    abolition of ad valorem personal property taxes, pursuant  to
 3    Article  IX, Section 5(c) of the Constitution of the State of
 4    Illinois; and (3) no such tax shall be levied or extended  by
 5    a   school  district  that  is  certified  as  a  financially
 6    distressed district under Section 19-1.5 if the amount of the
 7    tax so to be  extended  will  increase  the  restricted  uses
 8    working  cash  fund  to  a total amount exceeding 125% of the
 9    taxes last extended for general educational purposes  of  the
10    district  plus  125%  of  the  last known entitlement of that
11    district to taxes that by law now  or  hereafter  enacted  or
12    amended  are  imposed  by  the  General  Assembly  to replace
13    revenue  lost  by  units  of  local  government  and   school
14    districts as a result of the abolition of ad valorem personal
15    property  taxes,  pursuant to Article IX, Section 5(c) of the
16    Constitution of the State of Illinois.  The collection of the
17    tax shall not be anticipated by the issuance of any  warrants
18    drawn  against  it.  The  tax  shall be levied and collected,
19    except as otherwise provided in this Section, in like  manner
20    as  the  general  taxes  of  the  district,  and  shall be in
21    addition to the maximum of all other  taxes,  either  general
22    educational;  transportation;  operations and maintenance; or
23    fire prevention and safety fund taxes, now or hereafter to be
24    levied for school purposes. It  may  be  levied  by  separate
25    resolution  by  the last Tuesday in September in each year or
26    it may be included in the certificate of tax levy filed under
27    Section 17-11.
28        Whenever 2 or more school districts  reorganize  pursuant
29    to   Article  11A  or  11B  of  this  Code  into  a  district
30    maintaining grades kindergarten through 12, the newly  formed
31    district  may levy a tax annually, for working cash purposes,
32    at a rate not to exceed 0.10% upon all the  taxable  property
33    of  the district at the value as equalized or assessed by the
34    Department of Revenue.
 
                            -48-     LRB093 04731 NHT 04787 b
 1    (Source: P.A. 87-984; 88-641, eff. 9-9-94.)

 2        (105 ILCS 5/20-4) (from Ch. 122, par. 20-4)
 3        Sec. 20-4.  Use and reimbursement of fund.  This  Section
 4    shall not apply in any school district which does not operate
 5    a restricted uses working cash fund.
 6        Moneys  derived  from the issuance of bonds as authorized
 7    by Section 20-2, or from any tax levied pursuant  to  Section
 8    20-3,  shall  be used only for the purposes and in the manner
 9    hereinafter  provided.  Moneys  in  the  fund  shall  not  be
10    regarded as current assets  available  for  school  purposes.
11    The  school  board  may  appropriate moneys to the restricted
12    uses working cash fund up to the maximum amount allowable  in
13    the  fund,  and  the  restricted  uses  working cash fund may
14    receive such  appropriations  and  any  other  contributions.
15    Moneys  in  the fund shall not be used by the school board in
16    any manner other than to provide moneys with  which  to  meet
17    ordinary  and  necessary disbursements for salaries and other
18    school purposes and may be transferred in whole or in part to
19    the  general  funds  or  both  of  the  school  district  and
20    disbursed therefrom in  anticipation  of  the  collection  of
21    taxes  lawfully  levied  for  any  or  all  purposes,  or  in
22    anticipation of such taxes as by law now or hereafter enacted
23    or  amended  are imposed by the General Assembly of the State
24    of Illinois  to  replace  revenue  lost  by  units  of  local
25    government  and school districts as a result of the abolition
26    of ad valorem personal property taxes,  pursuant  to  Article
27    IX,  Section  5(c)  of  the  Constitution  of  the  State  of
28    Illinois.   Moneys  so transferred to any other fund shall be
29    deemed to be transferred in anticipation of the collection of
30    that part of the taxes so levied or to be received  which  is
31    in  excess of the amount thereof required to pay any warrants
32    or notes and the interest thereon theretofore and  thereafter
33    issued  in  anticipation  of  the collection thereof and such
 
                            -49-     LRB093 04731 NHT 04787 b
 1    taxes when collected shall be applied to the payment  of  any
 2    such  warrants and the interest thereon, the amount estimated
 3    to be  required  to  satisfy  debt  service  and  pension  or
 4    retirement  obligations,  as  set  forth in Section 12 of the
 5    State Revenue Sharing Act and then to  the  reimbursement  of
 6    such   restricted  uses  working  cash  fund  as  hereinafter
 7    provided.
 8        Upon receipt by the  school  district  of  any  taxes  in
 9    anticipation   of   the  collection  whereof  moneys  of  the
10    restricted uses working cash fund have  been  so  transferred
11    for  disbursement,  the  fund shall immediately be reimbursed
12    therefrom until the  full  amount  so  transferred  has  been
13    retransferred  to  the fund. Unless the taxes so received and
14    applied to the reimbursement of the  restricted uses  working
15    cash  fund  prior  to  the  first  day  of  the  eighth month
16    following the month in which due  and  unpaid  real  property
17    taxes  begin  to  bear  interest  are  sufficient to effect a
18    complete  reimbursement  of  such   fund   for   any   moneys
19    transferred  therefrom  in  anticipation of the collection of
20    such taxes, the restricted uses working cash  fund  shall  be
21    reimbursed  for the amount of the deficiency therein from any
22    other revenues accruing to the general educational fund,  and
23    the  school  board  shall  make  provisions for the immediate
24    reimbursement of the amount of any  such  deficiency  in  its
25    next annual tax levy.
26    (Source: P.A. 87-984; 87-1168; 88-45.)

27        (105 ILCS 5/20-5) (from Ch. 122, par. 20-5)
28        Sec.  20-5.  Transfer  to  other fund. This Section shall
29    not apply in any school district which  does  not  operate  a
30    restricted uses working cash fund.
31        Moneys,  including interest earned from investment of the
32    restricted  uses  working  cash  fund  as  in  this   Section
33    provided,  shall  be  transferred  from  the  restricted uses
 
                            -50-     LRB093 04731 NHT 04787 b
 1    working cash fund to another fund of the district  only  upon
 2    the  authority  of  the school board which shall from time to
 3    time by separate resolution direct the  school  treasurer  to
 4    make  transfers  of  such  sums  as  may  be required for the
 5    purposes herein authorized.
 6        The  resolution  shall  set  forth  (a)  the   taxes   in
 7    anticipation  of  which  such transfer is to be made and from
 8    which  the  restricted  uses  working  cash  fund  is  to  be
 9    reimbursed; (b) the entire amount of taxes extended, or which
10    the school board estimates will be extended or received,  for
11    any  year in anticipation of the collection of all or part of
12    which such transfer is to be made; (c) the  aggregate  amount
13    of  warrants  or  notes theretofore issued in anticipation of
14    the collection of such taxes  together  with  the  amount  of
15    interest  accrued  and  which the school board estimates will
16    accrue thereon; (d) the aggregate  amount  of  receipts  from
17    taxes  imposed  to  replace  revenue  lost  by units of local
18    government and school districts as a result of the  abolition
19    of  ad  valorem  personal property taxes, pursuant to Article
20    IX,  Section  5(c)  of  the  Constitution  of  the  State  of
21    Illinois, which the corporate authorities  estimate  will  be
22    set aside for the payment of the proportionate amount of debt
23    service and pension or retirement obligations, as required by
24    Section  12  of  the  State  Revenue Sharing Act; and (e) the
25    aggregate amount of money theretofore  transferred  from  the
26    restricted  uses  working  cash  fund  to  the  other fund in
27    anticipation of the collection  of  such  taxes.  The  amount
28    which  any  such  resolution shall direct the treasurer so to
29    transfer, in anticipation of the collection of  taxes  levied
30    or  to  be received for any year, together with the aggregate
31    amount of such anticipation tax warrants or notes theretofore
32    drawn against such taxes and the amount of  interest  accrued
33    and  estimated  to accrue thereon and the aggregate amount of
34    such transfers to be made in anticipation of  the  collection
 
                            -51-     LRB093 04731 NHT 04787 b
 1    of  such  taxes  and  the  amount estimated to be required to
 2    satisfy debt service and pension or  retirement  obligations,
 3    as  set forth in Section 12 of the State Revenue Sharing Act,
 4    shall not exceed 85% of the actual  or  estimated  amount  of
 5    such  taxes  extended  or to be extended or to be received as
 6    set forth in such resolution in the case of a school district
 7    that is not certified as a  financially  distressed  district
 8    under  Section  19-1.5  or  125%  of  the actual or estimated
 9    amount of the taxes extended or  to  be  extended  or  to  be
10    received  as  set  forth  in  the resolution in the case of a
11    district  that  is  certified  as  a  financially  distressed
12    district  under  Section  19-1.5.  At  any  time  moneys  are
13    available in the restricted uses working cash fund they shall
14    be transferred to the general educational fund and  disbursed
15    for  the  payment of salaries and other school expenses so as
16    to avoid, whenever possible, the issuance of anticipation tax
17    warrants or notes.
18        Moneys earned as interest  from  the  investment  of  the
19    restricted  uses  working  cash fund, or any portion thereof,
20    may be transferred from the restricted uses working cash fund
21    to another fund of the district without  any  requirement  of
22    repayment  to the restricted uses working cash fund, upon the
23    authority  of  the  school  board  by   separate   resolution
24    directing  the  school  treasurer  to  make such transfer and
25    stating the purpose therefore as one herein authorized.
26    (Source: P.A. 87-970; 87-984; 87-1168; 88-9;  88-45;  88-641,
27    eff. 9-9-94)

28        (105 ILCS 5/20-6) (from Ch. 122, par. 20-6)
29        Sec.  20-6.  Willful  violation of law. Any member of the
30    school board of any school district to which this Article  is
31    applicable, or any other person holding any office, trust, or
32    employment  under  such school district who wilfully violates
33    any of the provisions of this Article shall be  guilty  of  a
 
                            -52-     LRB093 04731 NHT 04787 b
 1    business  offense  and fined not exceeding $10,000, and shall
 2    forfeit his right to his  office,  trust  or  employment  and
 3    shall  be  removed therefrom. Any such member or other person
 4    shall be liable for any sum that may be  unlawfully  diverted
 5    from the restricted uses working cash fund or otherwise used,
 6    to be recovered by such school district or by any taxpayer in
 7    the  name  and  for the benefit of such school district in an
 8    appropriate civil action; provided that  the  taxpayer  shall
 9    file  a  bond for all costs and be liable for all costs taxed
10    against the school district in such suit, and judgment  shall
11    be  rendered  accordingly. Nothing herein shall bar any other
12    remedies.
13    (Source: P.A. 79-1366.)

14        (105 ILCS 5/20-7) (from Ch. 122, par. 20-7)
15        Sec. 20-7. Resolution for issuance of bonds -  Submission
16    to  voters - Ballot. No school district may issue bonds under
17    this Article unless it  adopts  a  resolution  declaring  its
18    intention to issue bonds for the purpose therein provided and
19    directs  that  notice of such intention be published at least
20    once  in  a  newspaper  published  and   having   a   general
21    circulation in the district, if there be one, but if there is
22    no  newspaper  published  in such district then by publishing
23    such notice in a newspaper having a  general  circulation  in
24    the  district.   The notice shall set forth (1) the intention
25    of the district  to  issue  bonds  in  accordance  with  this
26    Article;  (2)  the  time within which a petition may be filed
27    requesting the submission of the  proposition  to  issue  the
28    bonds; (3) the specific number of voters required to sign the
29    petition;  and (4) the date of the prospective referendum. At
30    the time of  publication  of  the  notice  and  for  30  days
31    thereafter,  the  recording  officer  of  the  district shall
32    provide a petition form to any individual requesting one.  If
33    within 30 days after the publication a petition is filed with
 
                            -53-     LRB093 04731 NHT 04787 b
 1    the  recording  officer of the district, signed by the voters
 2    of the district equal to 10% or more of the registered voters
 3    of the district requesting  that  the  proposition  to  issue
 4    bonds  as  authorized  by  this  Article  be submitted to the
 5    voters thereof, then the district shall not be authorized  to
 6    issue  such bonds until the proposition has been certified to
 7    the proper election authorities and has been submitted to and
 8    approved  by  a  majority  of  the  voters  voting   on   the
 9    proposition  at  a  regular  scheduled election in accordance
10    with the general election law. If  no  such  petition  is  so
11    filed,  or  if  any  and all petitions filed are invalid, the
12    district may issue the bonds. In addition to the requirements
13    of the general election law the notice of the election  shall
14    set  forth the intention of the district to issue bonds under
15    this Article.  The proposition shall be in substantially  the
16    following form:
17                           OFFICIAL BALLOT
18    -------------------------------------------------------------
19        Shall the board of....
20    of School district number....           YES
21    County, Illinois, be authorized to
22    issue working cash bonds for a       ------------------------
23    restricted uses working cash
24    fund as provided for by Article 20      NO
25    of the School Code?
26    -------------------------------------------------------------
27    (Source: P.A. 87-767.)

28        (105 ILCS 5/20-10 new)
29        Sec.  20-10.  Nothing  in  this Article prevents a school
30    district from dividing its restricted uses fund into subfunds
31    for  the  separate  purposes  of  working  cash,   classified
32    benefits, and tort immunity.
 
                            -54-     LRB093 04731 NHT 04787 b
 1        (105 ILCS 5/35-5) (from Ch. 122, par. 35-5)
 2        Sec.  35-5.  Powers.  The  Commission  possesses  all the
 3    powers necessary and convenient  to  accomplish  the  objects
 4    prescribed  by  this  Article  including the following, which
 5    however, are not to be construed as  a  limitation  upon  the
 6    general powers hereby conferred.
 7        (a)  To  enter  into  contracts with regard to any matter
 8    connected with any powers of the Commission.
 9        (b)  To acquire by gift, purchase or  otherwise,  and  to
10    construct,  equip,  complete,  remodel  and  maintain  school
11    buildings  and equipment, and for that purpose to acquire and
12    improve school  sites  by  gift,  purchase,  condemnation  or
13    otherwise.
14        (c)  To  execute  non-assignable leases of facilities and
15    sites to school districts in Illinois for school purposes for
16    periods of not to exceed one year renewable at the option  of
17    the  school  district  from year to year, and in the event of
18    nonpayment of the  rents  provided  in  such  leases  or  the
19    termination  of  such  leases  to  execute  leases thereof to
20    others for any suitable purposes. The Commission  may  extend
21    the  time for paying the rent due or any portion thereof when
22    the inability of the district to pay is  due  to  failure  or
23    delays  in  the  collections  of  the  taxes  levied for such
24    purpose.
25        (d)  To convey such property to the appropriate authority
26    for the use and benefit of  the  lessee  school  district  in
27    which such property is located if and when the Commission has
28    been  reimbursed  out  of rentals or otherwise for all direct
29    costs pertaining thereto which  have  been  incurred  by  the
30    Commission,  including  acquisition  and  development  of the
31    site, acquisition of equipment, and design  and  construction
32    of  the building, collectively referred to in this Article as
33    the costs of the project.
34        (e)  To sell such  property  at  public  sale,  with  the
 
                            -55-     LRB093 04731 NHT 04787 b
 1    approval  of  the  Illinois Building Authority or other state
 2    agency authorized to provide funds, if the lease  thereof  is
 3    not  renewed  by  the  lessee district with power to sell the
 4    moveables separately from the site and building.
 5        (f)  To cause deeds and bills of  sale  authorized  under
 6    this  Article  to  be  executed  on  behalf  of  the State of
 7    Illinois by the Chairman and Secretary of the Commission.
 8        (g)  To adopt all needful by-laws, rules and  regulations
 9    for  the  acquisition,  management  and use of such sites and
10    buildings acquired for school purposes, consistent  with  the
11    objects and purposes of this Article.
12        (h)  To  employ  or  contract  for  such  services as the
13    Commission may deem necessary to carry out its duties.
14        (i)  To  execute  leases  with  the   Illinois   Building
15    Authority  or  other state agency authorized to provide funds
16    for school sites, buildings and fixed equipment as needed  by
17    school  districts qualifying under this Article, which leases
18    shall be payable solely and only from appropriations made  by
19    the   General  Assembly  from  time  to  time.  However,  the
20    allocation of the  amounts  declared  to  be  in  the  public
21    interest   by  any  General  Assembly  for  school  districts
22    qualifying under this Article shall be  made  by  the  School
23    Building Commission.
24        (j)  To  develop  a  system  of  documents  and  analyses
25    necessary  to  maintain the statutory cost limitations placed
26    on Commission projects, and for the optional  use  of  school
27    districts   in   general,   to   include  design,  materials,
28    components, construction techniques, contracts, criteria  and
29    prototype drawings and specifications.
30        (k)  To  acquire  by  gift, purchase or otherwise, and to
31    construct,  equip,  complete,  remodel  and  maintain  school
32    buildings and equipment, and for that purpose to acquire  and
33    improve  school  sites  by  gift,  purchase,  condemnation or
34    otherwise, when such facilities have  been  approved  by  the
 
                            -56-     LRB093 04731 NHT 04787 b
 1    Board of Vocational Education and Rehabilitation, hereinafter
 2    referred to; and when the erection of the approved facilities
 3    has been declared to be in the public interest by the General
 4    Assembly.
 5    (Source: P.A. 77-1994.)

 6        (105 ILCS 5/35-7) (from Ch. 122, par. 35-7)
 7        Sec.  35-7.  Qualifications.  No school district shall be
 8    entitled to have a building acquired or  constructed  in  the
 9    district by the Commission unless:
10        (a)  The  Commission  shall  determine  that the district
11    will require, in addition to its present classrooms and those
12    for  which  funds  have  been  provided  by   the   district,
13    classrooms   for   at  least  110  pupils  in  average  daily
14    attendance in grades K through 8, 110 pupils in average daily
15    attendance in grades 9 through 12 and 200 pupils  in  average
16    daily  attendance  in grades K through 12 at the beginning of
17    the ensuing school fall term  and  that  the  need  for  such
18    additional  classrooms  will  continue  through the 5 ensuing
19    school years. In determining the needs of a district  subject
20    to  Section  35-25 of this Act, the Commission shall consider
21    the factors therein involved.
22        (b)  It has either reduced its bonding power to less than
23    $5000 or will have done so in complying with  the  provisions
24    of this Article.
25        (c)  (Blank).  Its  school board has been duly authorized
26    to levy a special tax sufficient in  amount  to  provide  the
27    rent  under  Section  35-15  for  the  facilities  to  be  so
28    provided,  but  the Commission may approve an application for
29    the construction of a classroom in a district contingent upon
30    compliance with this provision  within  60  days  after  such
31    approval.
32    (Source: P.A. 77-2282.)
 
                            -57-     LRB093 04731 NHT 04787 b
 1        (105 ILCS 5/35-25) (from Ch. 122, par. 35-25)
 2        Sec.  35-25.  The  power of the Commission to construct a
 3    school building in the territory of a school district,  shall
 4    not  be vitiated by reason of the fact that a County Board of
 5    School Trustees has entered an order annexing all or part  of
 6    the  district,  together  with  coterminous  non-high  school
 7    territory,  to  a  school  district  or districts maintaining
 8    grades K to 12, if the order by reason of appeal or otherwise
 9    has not become final at the time  the  Commission  authorizes
10    the  construction  of  such building. However, in considering
11    the needs of such a  district  under  Section  35-6  of  this
12    Article  and  whether  the district is entitled to a building
13    under Section 35-7(a) of this Article, the  Commission  shall
14    consider, in addition to the needs of the applicant district,
15    the  needs  of the district to which it, or the portion of it
16    in which the proposed building lies, will be annexed  if  the
17    order  of  the County Board of School Trustees becomes final,
18    and as enlarged by such annexation.  If  such  order  becomes
19    final, the district to which such annexation is made shall be
20    subject  to  the  same  restrictions  as  to  future building
21    construction  or  enlargement  and  as  to  changes  in   its
22    boundaries as is provided in Sections 35-16 and 35-17 of this
23    Article  to  the  same extent as if it had been the applicant
24    for building aid and the building had been constructed in its
25    territory, shall be subject to all the terms  and  provisions
26    of  any  leases  entered into by the annexed district for the
27    rental of buildings constructed by the Commission, and  shall
28    be  authorized  to use and occupy such building and to levy a
29    tax throughout the annexing district in such  amount  as  has
30    been  authorized  by  the  voters  of  the  annexed  district
31    pursuant  to  an  election  held  under Section 35-22 of this
32    Article.
33    (Source: P.A. 77-2282.)
 
                            -58-     LRB093 04731 NHT 04787 b
 1        (105 ILCS 5/17-2.1 rep.)
 2        (105 ILCS 5/17-2.2 rep.)
 3        (105 ILCS 5/17-2.2a rep.)
 4        (105 ILCS 5/17-2.2b rep.)
 5        (105 ILCS 5/17-2.3 rep.)
 6        (105 ILCS 5/17-2.4 rep.)
 7        (105 ILCS 5/17-2.6 rep.)
 8        (105 ILCS 5/17-2A rep.)
 9        (105 ILCS 5/17-2B rep.)
10        (105 ILCS 5/17-3.1 rep.)
11        (105 ILCS 5/17-3.3 rep.)
12        (105 ILCS 5/17-4 rep.)
13        (105 ILCS 5/17-5 rep.)
14        (105 ILCS 5/17-5.1 rep.)
15        (105 ILCS 5/17-6.1 rep.)
16        (105 ILCS 5/17-9.01 rep.)
17        (105 ILCS 5/20-8 rep.)
18        (105 ILCS 5/20-9 rep.)
19        (105 ILCS 5/35-22 rep.)
20        (105 ILCS 5/35-23 rep.)
21        (105 ILCS 5/35-24 rep.)
22        (105 ILCS 5/35-26 rep.)
23        Section 15. The  School  Code  is  amended  by  repealing
24    Sections  17-2.1,  17-2.2,  17-2.2a, 17-2.2b, 17-2.3, 17-2.4,
25    17-2.6, 17-2A, 17-2B, 17-3.1,  17-3.3,  17-4,  17-5,  17-5.1,
26    17-6.1, 17-9.01, 20-8, 20-9, 35-22, 35-23, 35-24, and 35-26.

27        Section  90.  The State Mandates Act is amended by adding
28    Section 8.27 as follows:

29        (30 ILCS 805/8.27 new)
30        Sec. 8.27. Exempt mandate.   Notwithstanding  Sections  6
31    and  8 of this Act, no reimbursement by the State is required
32    for  the  implementation  of  any  mandate  created  by  this
 
                            -59-     LRB093 04731 NHT 04787 b
 1    amendatory Act of the 93rd General Assembly.

 2        Section 99.  Effective date.  This Act  takes  effect  on
 3    July 1, 2003.
 
                            -60-     LRB093 04731 NHT 04787 b
 1                                INDEX
 2               Statutes amended in order of appearance
 3    40 ILCS 5/7-171           from Ch. 108 1/2, par. 7-171
 4    40 ILCS 5/21-110          from Ch. 108 1/2, par. 21-110
 5    40 ILCS 5/21-110.1        from Ch. 108 1/2, par. 21-110.1
 6    105 ILCS 5/2-3.77         from Ch. 122, par. 2-3.77
 7    105 ILCS 5/10-22.31       from Ch. 122, par. 10-22.31
 8    105 ILCS 5/10-22.44       from Ch. 122, par. 10-22.44
 9    105 ILCS 5/11A-15         from Ch. 122, par. 11A-15
10    105 ILCS 5/17-1.10 new
11    105 ILCS 5/17-1.15 new
12    105 ILCS 5/17-2           from Ch. 122, par. 17-2
13    105 ILCS 5/17-2.2c        from Ch. 122, par. 17-2.2c
14    105 ILCS 5/17-2.11        from Ch. 122, par. 17-2.11
15    105 ILCS 5/17-2C
16    105 ILCS 5/17-3           from Ch. 122, par. 17-3
17    105 ILCS 5/17-3.2         from Ch. 122, par. 17-3.2
18    105 ILCS 5/17-3.4         from Ch. 122, par. 17-3.4
19    105 ILCS 5/17-7           from Ch. 122, par. 17-7
20    105 ILCS 5/17-8           from Ch. 122, par. 17-8
21    105 ILCS 5/17-9           from Ch. 122, par. 17-9
22    105 ILCS 5/17-11          from Ch. 122, par. 17-11
23    105 ILCS 5/17-12          from Ch. 122, par. 17-12
24    105 ILCS 5/17-16          from Ch. 122, par. 17-16
25    105 ILCS 5/19-30          from Ch. 122, par. 19-30
26    105 ILCS 5/19-31          from Ch. 122, par. 19-31
27    105 ILCS 5/Art. 20 heading
28    105 ILCS 5/20-1           from Ch. 122, par. 20-1
29    105 ILCS 5/20-2           from Ch. 122, par. 20-2
30    105 ILCS 5/20-3           from Ch. 122, par. 20-3
31    105 ILCS 5/20-4           from Ch. 122, par. 20-4
32    105 ILCS 5/20-5           from Ch. 122, par. 20-5
33    105 ILCS 5/20-6           from Ch. 122, par. 20-6
34    105 ILCS 5/20-7           from Ch. 122, par. 20-7
 
                            -61-     LRB093 04731 NHT 04787 b
 1    105 ILCS 5/20-10 new
 2    105 ILCS 5/35-5           from Ch. 122, par. 35-5
 3    105 ILCS 5/35-7           from Ch. 122, par. 35-7
 4    105 ILCS 5/35-25          from Ch. 122, par. 35-25
 5    105 ILCS 5/17-2.1 rep.
 6    105 ILCS 5/17-2.2 rep.
 7    105 ILCS 5/17-2.2a rep.
 8    105 ILCS 5/17-2.2b rep.
 9    105 ILCS 5/17-2.3 rep.
10    105 ILCS 5/17-2.4 rep.
11    105 ILCS 5/17-2.6 rep.
12    105 ILCS 5/17-2A rep.
13    105 ILCS 5/17-2B rep.
14    105 ILCS 5/17-3.1 rep.
15    105 ILCS 5/17-3.3 rep.
16    105 ILCS 5/17-4 rep.
17    105 ILCS 5/17-5 rep.
18    105 ILCS 5/17-5.1 rep.
19    105 ILCS 5/17-6.1 rep.
20    105 ILCS 5/17-9.01 rep.
21    105 ILCS 5/20-8 rep.
22    105 ILCS 5/20-9 rep.
23    105 ILCS 5/35-22 rep.
24    105 ILCS 5/35-23 rep.
25    105 ILCS 5/35-24 rep.
26    105 ILCS 5/35-26 rep.
27    30 ILCS 805/8.27 new