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Sen. Miguel del Valle
Filed: 5/11/2004
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| AMENDMENT TO HOUSE BILL 756
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| AMENDMENT NO. ______. Amend House Bill 756 by replacing |
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| everything after the enacting clause with the following:
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| "Section 5. The Capital Development Board Act is amended by |
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| changing Section 9.04 as follows:
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| (20 ILCS 3105/9.04) (from Ch. 127, par. 779.04)
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| Sec. 9.04. To succeed to and exercise the rights, powers |
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| and duties which have been vested in the
School Building |
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| Commission by Article 35 (now repealed) of the
The School Code.
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| (Source: P.A. 77-1995.)
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| Section 10. The Building Authority Act is amended by |
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| changing Sections 3, 4, 5, and 9 as follows:
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| (20 ILCS 3110/3) (from Ch. 127, par. 213.3)
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| Sec. 3. Duties. The Authority shall make thorough and |
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| continuous studies and
investigations of the following |
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| building needs of the State of Illinois as they
may from time |
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| to time develop:
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| (a) Office structures, recreational facilities, fixed |
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| equipment of any
kind, electric, gas, steam, water and sewer |
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| utilities, motor parking
facilities, hospitals, penitentiaries |
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| and facilities of every kind and
character, other than movable |
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| equipment, considered by the Authority
necessary or convenient |
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| for the efficient operation of any unit which is
used by any |
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| officer, department, board, commission or other agency of the
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| State.
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| (b) Buildings and other facilities intended for use as |
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| classrooms,
laboratories, libraries, student residence halls, |
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| instructional and
administrative facilities for students, |
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| faculty, officers, and employees,
and motor vehicle parking |
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| facilities and fixed equipment for any
institution or unit |
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| under the control of the Board of Trustees of the
University of |
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| Illinois, the Board of Trustees of Southern Illinois |
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| University,
the Board of Trustees of Chicago State University, |
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| the Board of Trustees of
Eastern Illinois University, the Board |
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| of Trustees of Governors State
University, the Board of |
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| Trustees of Illinois State University, the Board of
Trustees of |
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| Northeastern Illinois University, the Board of Trustees of |
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| Northern
Illinois University, the Board of Trustees of Western |
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| Illinois University, the
School Building Commission or any |
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| public community college district board.
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| (c) School sites, buildings and fixed equipment to meet the |
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| needs of
school districts unable to provide such facilities |
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| because of lack of funds
and constitutional bond limitations, |
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| whenever any General Assembly has
declared the acquisition of |
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| sites, construction of buildings and
installation of fixed |
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| equipment for such school districts to be in the
public |
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| interest, and allocations of said declarations shall be made as
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| provided in Section 5 of this Act.
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| Whenever the General Assembly declares by law that it is in |
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| the public
interest for the Authority to acquire any real |
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| estate, construct, complete
and remodel buildings, and install |
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| fixed equipment in buildings and other
facilities for public |
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| community college districts , or for school districts that
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| qualify under Article 35 of The School Code, as amended or as |
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| may hereafter be
amended , the amount of any declaration to be |
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| allocated to any public community
college district shall be |
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| determined by the Illinois Community College Board,
and the |
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| amount of any declaration to be allocated to any school |
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| district
School District
qualifying under Article 35 of The |
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| School Code shall be determined by the
School Building |
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| Commission or its successor , unless otherwise provided by law.
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| (Source: P.A. 89-4, eff. 1-1-96.)
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| (20 ILCS 3110/4) (from Ch. 127, par. 213.4)
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| Sec. 4. Any department, board, commission, agency or |
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| officer of this State
or the Board of Trustees of the |
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| University of Illinois, the Board of Trustees
of Southern |
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| Illinois University, the Board of Trustees of Chicago State
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| University, the Board of Trustees of Eastern Illinois |
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| University, the Board of
Trustees of Governors State |
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| University, the Board of Trustees of Illinois State
University, |
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| the Board of Trustees of Northeastern Illinois University, the
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| Board of Trustees of Northern Illinois University, the Board of |
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| Trustees of
Western Illinois University, the School Building |
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| Commission (or its successor) , or any public
community college |
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| district board , may transfer jurisdiction of or title to
any |
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| property under its or his control to the Authority when such |
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| transfer
is approved in writing by the Governor as being |
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| advantageous to the State.
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| (Source: P.A. 89-4, eff. 1-1-96.)
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| (20 ILCS 3110/5) (from Ch. 127, par. 213.5)
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| Sec. 5. Powers. To accomplish projects of the kind listed |
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| in Section 3
above, the Authority shall possess the following |
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| powers:
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| (a) Acquire by purchase or otherwise (including the power |
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| of
condemnation in the manner provided for the exercise of the |
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| right of eminent
domain under Article VII of the Code of Civil |
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| Procedure, as amended),
construct, complete, remodel and |
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| install fixed equipment in any and all
buildings and other |
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| facilities as the General Assembly by law declares
to be in the |
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| public interest.
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| Whenever the General Assembly has by law declared it to be |
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| in the
public interest for the Authority to acquire any real |
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| estate, construct,
complete, remodel and install fixed |
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| equipment in buildings and other
facilities for public |
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| community college districts, the Director of the
Department of |
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| Central Management Services shall, when requested by any such
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| public community college district board, enter into a lease by |
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| and on behalf of
and for the use of such public community |
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| college district board to the extent
appropriations have been |
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| made by the General Assembly to pay the rents under
the terms |
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| of such lease.
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| In the course of such activities, acquire property of any |
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| and every
kind and description, whether real, personal or |
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| mixed, by gift, purchase
or otherwise. It may also acquire real |
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| estate of the State of Illinois
controlled by any officer, |
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| department, board, commission, or other
agency of the State , or |
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| the Board of Trustees of the University of
Illinois, the Board |
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| of Trustees of Southern Illinois University,
the Board of |
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| Trustees of Chicago State University, the Board of Trustees of
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| Eastern Illinois University, the Board of Trustees of Governors |
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| State
University, the Board of Trustees of Illinois State |
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| University, the Board of
Trustees of Northeastern Illinois |
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| University, the Board of Trustees of Northern
Illinois |
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| University, the Board of Trustees of Western Illinois |
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| University, the
School Building Commission (or its successor),
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| or any public community college district
board, the |
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| jurisdiction of which is transferred by such officer,
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| department, board, commission, or other agency , or the Board of |
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| Trustees
of Southern Illinois University,
the Board of Trustees |
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| of Chicago State University, the Board of Trustees of
Eastern |
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| Illinois University, the Board of Trustees of Governors State
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| University, the Board of Trustees of Illinois State University, |
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| the Board of
Trustees of Northeastern Illinois University, the |
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| Board of Trustees of Northern
Illinois University, the Board of |
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| Trustees of Western Illinois University, or
the School Building |
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| Commission (or its successor), or any public community college |
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| district board ,
to the Authority. The Board of Trustees of the |
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| University of Illinois, the
Board of Trustees of Southern |
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| Illinois University, the Board of Trustees of
Chicago State |
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| University, the Board of Trustees of Eastern Illinois |
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| University,
the Board of Trustees of Governors State |
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| University, the Board of Trustees of
Illinois State University, |
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| the Board of Trustees of Northeastern Illinois
University, the |
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| Board of Trustees of Northern Illinois University, the Board of
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| Trustees of Western Illinois University, or the School Building
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| Commission (or its successor) and any public community college |
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| district board, respectively, shall
prepare plans and |
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| specifications for and have supervision over any
project to be |
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| undertaken by the Authority for their use. Before any
other |
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| particular construction is undertaken, plans and |
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| specifications
shall be approved by the lessee provided for |
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| under (b) below, except as
indicated above.
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| (b) Execute leases of facilities and sites to, and charge |
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| for the
use of any such facilities and sites by, any officer, |
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| department, board,
commission or other agency of the State of |
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| Illinois, or the Director of
the Department of Central |
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| Management Services when the Director
is requested to, by
and |
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| on behalf of, or for the use of, any officer, department, |
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| board,
commission or other agency of the State of Illinois, or |
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| by the Board of
Trustees of the University of Illinois, the |
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| Board of Trustees of
Southern Illinois University,
the Board of |
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| Trustees of Chicago State University, the Board of Trustees of
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| Eastern Illinois University, the Board of Trustees of Governors |
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| State
University, the Board of Trustees of Illinois State |
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| University, the Board of
Trustees of Northeastern Illinois |
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| University, the Board of Trustees of Northern
Illinois |
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| University, the Board of Trustees of Western Illinois |
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| University, or
the School Building Commission (or its |
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| successor) or any public community college district board.
Such |
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| leases may be entered into contemporaneously with any financing |
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| to be done
by the Authority and payments under the terms of the |
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| lease shall begin at any
time after execution of any such |
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| lease.
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| (c) In the event of non-payment of rents reserved in such |
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| leases,
maintain and operate such facilities and sites or |
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| execute leases thereof
to others for any suitable purposes. |
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| Such leases to the officers,
departments, boards, commissions, |
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| other agencies, the respective Boards of
Trustees, , or the |
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| School Building Commission (or its successor) or any public |
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| community college
district board shall contain the provision |
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| that rents under such leases
shall be payable solely from |
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| appropriations to be made by the General
Assembly for the |
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| payment of such rent and any revenues derived from the
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| operation of the leased premises.
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| (d) Borrow money and issue and sell bonds in such amount or |
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| amounts
as the Authority may determine for the purpose of |
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| acquiring,
constructing, completing or remodeling, or putting |
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| fixed equipment in
any such facility; refund and refinance the |
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| same from time to time as
often as advantageous and in the |
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| public interest to do so; and pledge
any and all income of such |
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| Authority, and any revenues derived from such
facilities, or |
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| any combination thereof, to secure the payment of such
bonds |
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| and to redeem such bonds. All such bonds are subject to the
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| provisions of Section 6 of this Act.
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| In addition to the permanent financing authorized by |
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| Sections 5 and 6
of this Act, the Illinois Building Authority |
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| may borrow money and issue
interim notes in evidence thereof |
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| for any of the projects, or to perform
any of the duties |
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| authorized under this Act, and in addition may borrow
money and |
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| issue interim notes for planning, architectural and
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| engineering, acquisition of land, and purchase of fixed |
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| equipment as
follows:
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| 1. Whenever the Authority considers it advisable and in |
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| the
interests of the Authority to borrow funds temporarily |
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| for any of the
purposes enumerated in this Section, the |
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| Authority may from time to
time, and pursuant to |
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| appropriate resolution, issue interim notes to
evidence |
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| such borrowings including funds for the payment of interest |
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| on
such borrowings and funds for all necessary and |
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| incidental expenses in
connection with any of the purposes |
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| provided for by this Section and
this Act until the date of |
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| the permanent financing. Any resolution
authorizing the |
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| issuance of such notes shall describe the project to be
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| undertaken and shall specify the principal amount, rate of |
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| interest (not
exceeding
the maximum rate authorized by the |
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| Bond Authorization Act, as amended at the
time of the |
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| making of the contract,) and maturity date, but not to |
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| exceed 5
years
from date of issue, and such other terms as |
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| may be specified in such
resolution; however, time of |
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| payment of any such notes may be extended
for a period of |
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| not exceeding 3 years from the maturity date thereof.
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| The Authority may provide for the registration of the |
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| notes in the
name of the owner either as to principal |
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| alone, or as to both principal
and interest, on such terms |
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| and conditions as the Authority may
determine by the |
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| resolution authorizing their issue. The notes shall be
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| issued from time to time by the Authority as funds are |
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| borrowed, in the
manner the Authority may determine. |
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| Interest on the notes may be made
payable semiannually, |
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| annually or at maturity. The notes may be made
redeemable, |
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| prior to maturity, at the option of the Authority, in the
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| manner and upon the terms fixed by the resolution |
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| authorizing their
issuance. The notes may be executed in |
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| the name of the Authority by the
Chairman of the Authority |
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| or by any other officer or officers of the
Authority as the |
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| Authority by resolution may direct, shall be attested
by |
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| the Secretary or such other officer or officers of the |
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| Authority as
the Authority may by resolution direct, and be |
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| sealed with the
Authority's corporate seal. All such notes |
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| and the interest thereon may
be secured by a pledge of any |
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| income and revenue derived by the
Authority from the |
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| project to be undertaken with the proceeds of the
notes and |
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| shall be payable solely from such income and revenue and |
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| from
the proceeds to be derived from the sale of any |
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| revenue bonds for
permanent financing authorized to be |
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| issued under Sections 5 and 6 of
this Act, and from the |
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| property acquired with the proceeds of the notes.
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| Contemporaneously with the issue of revenue bonds as |
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| provided by this
Act, all interim notes, even though they |
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| may not then have matured,
shall be paid, both principal |
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| and interest to date of payment, from the
funds derived |
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| from the sale of revenue bonds for the permanent financing
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| and such interim notes shall be surrendered and canceled.
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| 2. The Authority, in order further to secure the |
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| payment of the
interim notes, is, in addition to the |
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| foregoing, authorized and
empowered to make any other or |
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| additional covenants, terms and
conditions not |
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| inconsistent with the provisions of subparagraph (a) of
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| this Section, and do any and all acts and things as may be |
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| necessary or
convenient or desirable in order to secure |
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| payment of its interim notes,
or in the discretion of the |
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| Authority, as will tend to make the interim
notes more |
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| acceptable to lenders, notwithstanding that the covenants,
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| acts or things may not be enumerated herein; however, |
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| nothing contained
in this subparagraph shall authorize the |
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| Authority to secure the payment
of the interim notes out of |
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| property or facilities, other than the
facilities acquired |
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| with the proceeds of the interim notes, and any net
income |
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| and revenue derived from the facilities and the proceeds of
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| revenue bonds as hereinabove provided.
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| (e) Convey property, without charge, to the State or to the
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| appropriate corporate agency of the State or to any public |
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| community college
district board if and when all debts which |
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| have been secured by the
income from such property have been |
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| paid.
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| (f) Enter into contracts regarding any matter connected |
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| with any
corporate purpose within the objects and purposes of |
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| this Act.
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| (g) Employ agents and employees necessary to carry out the |
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| duties
and purposes of the Authority.
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| (h) Adopt all necessary by-laws, rules and regulations for |
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| the
conduct of the business and affairs of the Authority, and |
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| for the
management and use of facilities and sites acquired |
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| under the powers
granted by this Act.
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| (i) Have and use a common seal and alter the same at |
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| pleasure.
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| The Interim notes shall constitute State debt of the State |
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| of
Illinois within the meaning of any of the provisions of the |
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| Constitution
and statutes of the State of Illinois.
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| No member, officer, agent or employee of the Authority, nor |
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| any other
person who executes interim notes, shall be liable |
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| personally by reason
of the issuance thereof.
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| With respect to instruments for the payment of money issued |
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| under this
Section either before, on, or after the effective |
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| date of this amendatory
Act of 1989, it is and always has been |
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| the intention of the General
Assembly (i) that the Omnibus Bond |
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| Acts are and always have been
supplementary grants of power to |
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| issue instruments in accordance with the
Omnibus Bond Acts, |
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| regardless of any provision of this Act that may appear
to be |
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| or to have been more restrictive than those Acts, (ii) that the
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| provisions of this Section are not a limitation on the |
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| supplementary
authority granted by the Omnibus Bond Acts, and |
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| (iii) that instruments
issued under this Section within the |
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| supplementary authority granted
by the Omnibus Bond Acts are |
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| not invalid because of any provision of
this Act that may |
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| appear to be or to have been more restrictive than
those Acts.
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| (Source: P.A. 89-4, eff. 1-1-96.)
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| (20 ILCS 3110/9) (from Ch. 127, par. 213.9)
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| Sec. 9. Limitation on disbursements. The Authority shall |
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| keep account
of the gross total income derived from each |
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| separate project or any combination
thereof undertaken |
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| pursuant to this Act. Disbursements from a given account
in The |
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| Public Building Fund shall be ordered by the Authority only for |
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| the
payment of
(1) the principal of and interest on the bonds |
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| issued for each project,
or combination thereof, and (2) any |
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| other purposes set forth in the
resolution authorizing the |
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| issuance of such bonds.
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| An accurate record shall be kept of the rental payments |
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| under each
lease entered into by the Authority and any officer, |
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| department, board,
commission or other agency of the State of |
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| Illinois, the Director of the
Department of Central Management |
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| Services, the Board of Trustees of the
University of Illinois, |
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| the Board of Trustees of Southern Illinois University,
the |
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| Board of Trustees of Chicago State University, the Board of |
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| Trustees of
Eastern Illinois University, the Board of Trustees |
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| of Governors State
University, the Board of Trustees of |
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| Illinois State University, the Board of
Trustees of |
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| Northeastern Illinois University, the Board of Trustees of |
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| Northern
Illinois University, the Board of Trustees of Western |
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| Illinois University, the
School Building Commission (or its |
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| successor) , or any public community
college district board, and |
30 |
| when the rentals applicable to each project
or facility, or any |
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| combination thereof, constructed, completed, remodeled,
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| maintained
and equipped, have been paid in (1) amounts |
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| sufficient to amortize and pay
the principal of and interest |
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| upon the total principal amount
of bonds of the Authority |
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| issued to pay the cost of each project or facility,
including |
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| maintenance and operation expenses and that proportion of the
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| administrative expense of the Authority as provided for by each |
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| lease, or
(2) amounts which when invested in direct obligations |
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| of the United
States of America are, together with earnings |
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| thereon, sufficient to amortize
and pay the principal of and |
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| interest upon the total principal amount
of bonds of the |
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| Authority issued to pay the cost of each project
or facility, |
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| including maintenance and operation expenses and that |
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| proportion
of the administrative expense of the Authority as |
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| provided for by each lease,
the property shall be conveyed |
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| without charge to the lessee.
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| (Source: P.A. 89-4, eff. 1-1-96.)
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| Section 15. The School Code is amended by changing Sections |
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| 2-3.12, 2-3.62, 7-03, 7-14, 7A-11, 11A-12, 11B-11, 11D-9, and |
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| 34-74 as follows:
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| (105 ILCS 5/2-3.12) (from Ch. 122, par. 2-3.12)
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| Sec. 2-3.12. School building code. To prepare for school |
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| boards with the
advice of the Department of Public Health, the |
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| Capital Development Board, and
the State Fire Marshal a school |
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| building code that will conserve the health and
safety and |
23 |
| general welfare of the pupils and school personnel and others |
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| who
use public school facilities.
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| The document known as "Efficient and Adequate Standards for |
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| the Construction
of Schools" applies only to temporary school |
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| facilities, new school buildings,
and additions to existing |
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| schools whose construction contracts are awarded
after July 1, |
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| 1965. On or before July 1, 1967, each school board shall have
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| its school district buildings that were constructed prior to |
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| January 1, 1955,
surveyed by an architect or engineer licensed |
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| in the State of Illinois as to
minimum standards necessary to |
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| conserve the health and safety of the pupils
enrolled in the |
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| school buildings of the district. Buildings constructed
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| between January 1, 1955 and July 1, 1965, not owned by the |
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| State of Illinois,
shall be surveyed by an architect or |
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| engineer licensed in the State of Illinois
beginning 10 years |
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| after acceptance of the completed building by the school
board. |
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| Buildings constructed between January 1, 1955 and July 1, 1955 |
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| and
previously exempt under the provisions of Section 35-27 |
9 |
| (now repealed) shall be surveyed prior
to July 1, 1977 by an |
10 |
| architect or engineer licensed in the State of Illinois.
The |
11 |
| architect or engineer, using the document known as "Building |
12 |
| Specifications
for Health and Safety in Public Schools" as a |
13 |
| guide, shall make a report of the
findings of the survey to the |
14 |
| school board, giving priority in that report to
fire safety |
15 |
| problems and recommendations thereon if any such problems |
16 |
| exist.
The school board of each district so surveyed and |
17 |
| receiving a
report of needed recommendations to be made to |
18 |
| improve standards of safety
and health of the pupils enrolled |
19 |
| has until July 1, 1970, or in case of
buildings not owned by |
20 |
| the State of Illinois and completed between January
1, 1955 and |
21 |
| July 1, 1965 or in the case of buildings previously exempt |
22 |
| under
the provisions of Section 35-27 has a period of 3 years |
23 |
| after the survey is
commenced, to effectuate those |
24 |
| recommendations, giving first attention to the
recommendations |
25 |
| in the survey report having priority status, and is authorized
|
26 |
| to levy the tax provided for in Section 17-2.11, according to |
27 |
| the provisions of
that Section, to make such improvements. |
28 |
| School boards unable to effectuate
those recommendations prior |
29 |
| to July 1, 1970, on July 1, 1980 in the case of
buildings |
30 |
| previously exempt under the provisions of Section 35-27, may |
31 |
| petition
the State Superintendent of Education upon the |
32 |
| recommendation of the Regional
Superintendent for an extension |
33 |
| of time. The extension of time may be granted
by the State |
34 |
| Superintendent of Education for a period of one year, but may |
|
|
|
09300HB0756sam001 |
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|
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| be
extended from year to year provided substantial progress, in |
2 |
| the opinion of the
State Superintendent of Education, is being |
3 |
| made toward compliance.
However, for fire protection issues, |
4 |
| only one one-year extension may be
made, and no other provision |
5 |
| of this Code or an applicable code may
supersede this |
6 |
| requirement.
For routine inspections, fire officials shall
|
7 |
| provide written notice to the principal of the school to |
8 |
| schedule
a mutually agreed upon time for the fire safety check. |
9 |
| However, no more than
2 routine inspections may be made in a |
10 |
| calendar year.
|
11 |
| Within 2 years after the effective date of this amendatory |
12 |
| Act of 1983,
and every 10 years thereafter, or at such other |
13 |
| times as the State Board of
Education deems necessary or the |
14 |
| regional superintendent so orders, each school
board subject to |
15 |
| the provisions of this Section shall again survey its school
|
16 |
| buildings and effectuate any recommendations in accordance |
17 |
| with the procedures
set forth herein. An architect or engineer |
18 |
| licensed in the State of Illinois is
required to conduct the |
19 |
| surveys under the provisions of this Section and shall
make a |
20 |
| report of the findings of the survey titled "safety survey |
21 |
| report" to
the school board. The school board shall approve the |
22 |
| safety survey report,
including any recommendations to |
23 |
| effectuate compliance with the code, and
submit it to the |
24 |
| Regional Superintendent. The Regional Superintendent shall
|
25 |
| render a decision regarding approval or denial and submit the |
26 |
| safety survey
report to the State Superintendent of Education. |
27 |
| The State Superintendent of
Education shall approve or deny the |
28 |
| report including recommendations to
effectuate compliance with |
29 |
| the code and, if approved, issue a certificate of
approval. |
30 |
| Upon receipt of the certificate of approval, the Regional
|
31 |
| Superintendent shall issue an order to effect any approved |
32 |
| recommendations
included in the report. Items in the report |
33 |
| shall be prioritized. Urgent
items shall be considered as those |
34 |
| items related to life safety problems that
present an immediate |
|
|
|
09300HB0756sam001 |
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| hazard to the safety of students. Required items shall be
|
2 |
| considered as those items that are necessary for a safe |
3 |
| environment but present
less of an immediate hazard to the |
4 |
| safety of students. Urgent and required
items shall reference a |
5 |
| specific rule in the code authorized by this Section
that is |
6 |
| currently being violated or will be violated within the next 12 |
7 |
| months
if the violation is not remedied. The school board of |
8 |
| each district so
surveyed and receiving a report of needed |
9 |
| recommendations to be made to
maintain standards of safety and |
10 |
| health of the pupils enrolled shall effectuate
the correction |
11 |
| of urgent items as soon as achievable to ensure the safety of
|
12 |
| the students, but in no case more than one year after the date |
13 |
| of the State
Superintendent of Education's approval of the |
14 |
| recommendation.
Required items shall be corrected in a timely |
15 |
| manner, but in
no case more than 5 years from the date of the |
16 |
| State Superintendent
of
Education's approval of the |
17 |
| recommendation. Once each year the school
board shall submit a |
18 |
| report of progress on completion of any
recommendations to |
19 |
| effectuate compliance with the code. For each year that the
|
20 |
| school board does not effectuate any or all approved |
21 |
| recommendations, it shall
petition the Regional Superintendent |
22 |
| and the State Superintendent of Education
detailing what work |
23 |
| was completed in the previous year and a work plan for
|
24 |
| completion of the remaining work. If in the judgement of the |
25 |
| Regional
Superintendent and the State Superintendent of |
26 |
| Education substantial progress
has been made and just cause has |
27 |
| been shown by the school board, the petition
for a one year |
28 |
| extension of time may be approved.
|
29 |
| As soon as practicable, but not later than 2 years after |
30 |
| the effective date
of this amendatory Act of 1992, the State |
31 |
| Board of Education shall combine
the document known as |
32 |
| "Efficient and Adequate Standards for the Construction of
|
33 |
| Schools" with the document known as "Building Specifications |
34 |
| for Health and
Safety in Public Schools" together with any |
|
|
|
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| modifications or additions that may
be deemed necessary. The |
2 |
| combined document shall be known as the "Health/Life
Safety |
3 |
| Code for Public Schools" and shall be the governing code for |
4 |
| all
facilities that house public school students or are |
5 |
| otherwise used for public
school purposes, whether such |
6 |
| facilities are permanent or temporary and
whether they are |
7 |
| owned, leased, rented, or otherwise used by the district.
|
8 |
| Facilities owned by a school district but that are not used to |
9 |
| house public
school students or are not used for public school |
10 |
| purposes shall be
governed by separate provisions within the |
11 |
| code authorized by this Section.
|
12 |
| The 10 year survey cycle specified in this Section shall |
13 |
| continue to
apply based upon the standards contained in the |
14 |
| "Health/Life Safety Code
for Public Schools", which shall |
15 |
| specify building standards for buildings that
are constructed |
16 |
| prior to the effective date of this amendatory Act of 1992 and
|
17 |
| for buildings that are constructed after that date.
|
18 |
| The "Health/Life Safety Code for Public Schools" shall be |
19 |
| the governing code
for public schools; however, the provisions |
20 |
| of this Section shall not preclude
inspection of school |
21 |
| premises and buildings pursuant to Section 9 of the Fire
|
22 |
| Investigation Act, provided that the provisions of the |
23 |
| "Health/Life Safety Code
for Public Schools", or such |
24 |
| predecessor document authorized by this Section as
may be |
25 |
| applicable are used, and provided that those inspections are |
26 |
| coordinated
with the Regional Superintendent having |
27 |
| jurisdiction over the public school
facility.
Nothing in this |
28 |
| Section shall be construed to prohibit a local fire
department, |
29 |
| fire protection district, or the Office of the State Fire |
30 |
| Marshal
from
conducting a fire safety check in a public school. |
31 |
| Upon being notified by a
fire official that corrective action |
32 |
| must be taken
to resolve a violation, the school board shall |
33 |
| take corrective action within
one year. However, violations |
34 |
| that present imminent danger must be
addressed immediately.
|
|
|
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| Any agency having jurisdiction beyond the scope of the |
2 |
| applicable
document authorized by this Section may issue a |
3 |
| lawful order to a school board
to effectuate recommendations, |
4 |
| and the school board receiving the order shall
certify to the |
5 |
| Regional Superintendent and the State Superintendent of
|
6 |
| Education when it has complied with the order.
|
7 |
| The State Board of Education is authorized to adopt any |
8 |
| rules that are
necessary relating to the administration and |
9 |
| enforcement of the provisions of
this Section. The code |
10 |
| authorized by this Section shall apply only to those
school |
11 |
| districts having a population of less than 500,000 inhabitants.
|
12 |
| (Source: P.A. 92-593, eff. 1-1-03.)
|
13 |
| (105 ILCS 5/2-3.62) (from Ch. 122, par. 2-3.62)
|
14 |
| Sec. 2-3.62. Educational Service Centers.
|
15 |
| (a) A regional network of educational service centers shall |
16 |
| be established
by the State Board of Education to coordinate |
17 |
| and combine existing services in
a manner which is practical |
18 |
| and efficient and to provide new services to
schools as |
19 |
| provided in this Section. Services to be made available by such
|
20 |
| centers shall include the planning, implementation and |
21 |
| evaluation of:
|
22 |
| (1) (blank);
|
23 |
| (2) computer technology education including the |
24 |
| evaluation, use and
application of state-of-the-art |
25 |
| technology in computer software as provided
in Section |
26 |
| 2-3.117 of this Code
2-3.43 ;
|
27 |
| (3) mathematics, science and reading resources for |
28 |
| teachers including
continuing education, inservice |
29 |
| training and staff development.
|
30 |
| The centers may provide training, technical assistance, |
31 |
| coordination and
planning in other program areas such as school |
32 |
| improvement, school
accountability, career guidance, early |
33 |
| childhood education, alcohol/drug
education and prevention, |
|
|
|
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| family life - sex education, electronic transmission
of data |
2 |
| from school districts to the State, alternative education and |
3 |
| regional
special education, and telecommunications systems |
4 |
| that provide distance
learning. Such telecommunications |
5 |
| systems may be obtained through the
Department of Central |
6 |
| Management Services pursuant to Section 405-270 of the
|
7 |
| Department of Central Management Services Law (20 ILCS |
8 |
| 405/405-270). The programs and services of educational
service |
9 |
| centers may be offered to private school teachers and private |
10 |
| school
students within each service center area provided public |
11 |
| schools have already
been afforded adequate access to such |
12 |
| programs and services.
|
13 |
| The State Board of Education shall promulgate rules and |
14 |
| regulations necessary
to implement this Section. The rules |
15 |
| shall include detailed standards which
delineate the scope and |
16 |
| specific content of programs to be provided by each
Educational |
17 |
| Service Center, as well as the specific planning, |
18 |
| implementation
and evaluation services to be provided by each |
19 |
| Center relative to its programs.
The Board shall also provide |
20 |
| the standards by which it will evaluate the
programs provided |
21 |
| by each Center.
|
22 |
| (b) Centers serving Class 1 county school units shall be |
23 |
| governed by an
11-member board, 3 members of which shall be |
24 |
| public school teachers
nominated by the local bargaining |
25 |
| representatives to the appropriate regional
superintendent for |
26 |
| appointment and no more than 3 members of which shall be
from |
27 |
| each of the following categories, including but not limited to
|
28 |
| superintendents, regional superintendents, school board |
29 |
| members
and a representative of an institution of higher |
30 |
| education. The members of
the board shall be appointed by the |
31 |
| regional superintendents whose school
districts are served by |
32 |
| the educational service center.
The composition of the board |
33 |
| will reflect the revisions of this
amendatory Act of 1989 as |
34 |
| the terms of office of current members expire.
|
|
|
|
09300HB0756sam001 |
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LRB093 05401 BDD 50770 a |
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|
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| (c) The centers shall be of sufficient size and number to |
2 |
| assure delivery
of services to all local school districts in |
3 |
| the State.
|
4 |
| (d) From monies appropriated for this program the State |
5 |
| Board of
Education shall provide grants to qualifying |
6 |
| Educational Service Centers
applying for such grants in |
7 |
| accordance with rules and regulations
promulgated by the State |
8 |
| Board of Education to implement this Section.
|
9 |
| (e) The governing authority of each of the 18 regional |
10 |
| educational service
centers shall appoint a family life - sex |
11 |
| education advisory board
consisting of 2 parents, 2 teachers, 2 |
12 |
| school administrators, 2 school
board members, 2 health care |
13 |
| professionals, one library system
representative, and the |
14 |
| director of the regional educational service center
who shall |
15 |
| serve as chairperson of the advisory board so appointed. |
16 |
| Members
of the family life - sex education advisory boards |
17 |
| shall serve without
compensation. Each of the advisory boards |
18 |
| appointed pursuant to this
subsection shall develop a plan for |
19 |
| regional teacher-parent family life - sex
education training |
20 |
| sessions and shall file a written report of such plan
with the |
21 |
| governing board of their regional educational service center. |
22 |
| The
directors of each of the regional educational service
|
23 |
| centers shall thereupon meet, review each of the reports |
24 |
| submitted by the
advisory boards and combine those reports into |
25 |
| a single written report which
they shall file with the Citizens |
26 |
| Council on School Problems prior to the
end of the regular |
27 |
| school term of the 1987-1988 school year.
|
28 |
| (f) The 14 educational service centers serving Class I |
29 |
| county school units
shall be disbanded on the first Monday of |
30 |
| August, 1995, and their statutory
responsibilities and |
31 |
| programs shall be assumed by the regional offices of
education, |
32 |
| subject to rules and regulations developed by
the
State Board |
33 |
| of Education. The regional superintendents of schools elected |
34 |
| by
the voters residing in all Class I counties shall serve as |
|
|
|
09300HB0756sam001 |
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LRB093 05401 BDD 50770 a |
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| the chief
administrators for these programs and services. By |
2 |
| rule of the State Board of
Education, the 10 educational |
3 |
| service regions of
lowest
population shall provide such |
4 |
| services under cooperative agreements with larger
regions.
|
5 |
| (Source: P.A. 93-21, eff. 7-1-03.)
|
6 |
| (105 ILCS 5/7-03) (from Ch. 122, par. 7-03)
|
7 |
| Sec. 7-03. Limitation on application. The provisions of |
8 |
| this Article
shall not apply to the disconnection of territory |
9 |
| from one high school
district and the annexation of such |
10 |
| territory to another high school
district when the boundaries |
11 |
| of such high school districts are changed
under the provisions |
12 |
| of Section 7C-1 (now repealed) .
|
13 |
| (Source: P.A. 85-1020.)
|
14 |
| (105 ILCS 5/7-14) (from Ch. 122, par. 7-14)
|
15 |
| Sec. 7-14. Bonded indebtedness-Tax rate.
|
16 |
| (a) Except as provided in subsection (b), whenever the |
17 |
| boundaries of any
school district are changed by the annexation |
18 |
| or detachment of territory, each
such district as it exists on |
19 |
| and after such action shall assume the bonded
indebtedness , as |
20 |
| well as financial obligations to the Capital Development Board |
21 |
| with regard to rental payments
pursuant to Section 35-15 of the |
22 |
| School Code , of all the territory included
therein after such |
23 |
| change. The tax rate for bonded indebtedness shall be
|
24 |
| determined in the manner provided in Section 19-7 of this Act, |
25 |
| except the
County Clerk shall annually extend taxes against all |
26 |
| the taxable property
situated in the county and contained in |
27 |
| each such district as it exists after
the action. |
28 |
| Notwithstanding the provisions of this subsection, if the
|
29 |
| boundaries of a school district are changed by annexation or |
30 |
| detachment of
territory after June 30, 1987, and prior to |
31 |
| September 15, 1987, and if the
school district to which |
32 |
| territory is being annexed has no outstanding
bonded |
|
|
|
09300HB0756sam001 |
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LRB093 05401 BDD 50770 a |
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|
1 |
| indebtedness on the date such annexation occurs, then the |
2 |
| annexing
school district shall not be liable for any bonded |
3 |
| indebtedness of the
district from which the territory is |
4 |
| detached, and the school district from
which the territory is |
5 |
| detached shall remain liable for all of its bonded
|
6 |
| indebtedness.
|
7 |
| (b) Whenever a school district with bonded indebtedness has |
8 |
| become dissolved
under this Article and its territory annexed |
9 |
| to another district, the
annexing district or districts shall |
10 |
| not, except by action pursuant to
resolution of the school |
11 |
| board of the annexing district prior to the effective
date of |
12 |
| the annexation, assume the bonded indebtedness of the dissolved
|
13 |
| district; nor, except by action pursuant to resolution of the |
14 |
| school
board of the dissolving district, shall the territory of |
15 |
| the dissolved
district assume the bonded indebtedness of the |
16 |
| annexing district or districts.
If the annexing district or |
17 |
| districts do not assume the bonded indebtedness of
the |
18 |
| dissolved district, a tax rate for the bonded indebtedness |
19 |
| shall be
determined in the manner provided in Section 19-7, and |
20 |
| the county clerk or
clerks shall annually extend taxes for each |
21 |
| outstanding bond issue against
all the taxable property that |
22 |
| was situated within the boundaries of the
district as the |
23 |
| boundaries existed at the time of the issuance of each bond
|
24 |
| issue regardless of whether the property is still contained in |
25 |
| that same
district at the time of the extension of the taxes by |
26 |
| the county clerk
or clerks.
|
27 |
| (Source: P.A. 87-107; 87-1120; 87-1215; 88-45.)
|
28 |
| (105 ILCS 5/7A-11) (from Ch. 122, par. 7A-11)
|
29 |
| Sec. 7A-11. Assets, liabilities and bonded indebtedness - |
30 |
| Tax rate.
|
31 |
| (a) Upon the effective date of the change as provided in |
32 |
| Section 7A-8, and
subject to the provisions of subsection (b) |
33 |
| of this Section 7A-11, the
newly created elementary school |
|
|
|
09300HB0756sam001 |
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|
1 |
| district shall receive all the assets and
assume all the |
2 |
| liabilities and obligations of the dissolved unit school
|
3 |
| district, including all the bonded indebtedness of the |
4 |
| dissolved unit
school district and its financial obligations to |
5 |
| the Capital Development
Board with regard to rental payments
|
6 |
| pursuant to Section 35-15 .
|
7 |
| (b) Notwithstanding the provisions of subsection (a) of |
8 |
| this Section,
upon the stipulation of the school board of the |
9 |
| annexing high school
district and either the school board of |
10 |
| the unit school district prior to
the effective date of its |
11 |
| dissolution, or thereafter of the school board of
the newly |
12 |
| created elementary school district, and with the approval in
|
13 |
| either case of the regional superintendent of schools of the |
14 |
| educational
service region in which the territory described in |
15 |
| the petition filed under
this Article or the greater portion of |
16 |
| the equalized assessed valuation of
such territory is situated, |
17 |
| the assets, liabilities and obligations of the
dissolved unit |
18 |
| school district, including all the bonded indebtedness of
the |
19 |
| dissolved unit school district and its financial obligations to |
20 |
| the
Capital Development Board with regard to rental payments
|
21 |
| pursuant to Section 35-15 , may be divided and
assumed between |
22 |
| and by such newly created elementary school district and
the |
23 |
| annexing high school district in accordance with the terms and
|
24 |
| provisions of such stipulation and approval. In such event, the |
25 |
| provisions
of Section 19-29, as now or hereafter amended, shall |
26 |
| be applied to
determine the debt incurring power of the newly |
27 |
| created elementary school
district and of the contiguous |
28 |
| annexing high school district.
|
29 |
| (c) Without regard to whether the receipt of assets and the |
30 |
| assumption
of liabilities and obligations of the dissolved unit |
31 |
| school district is
determined pursuant to subsection (a) or (b) |
32 |
| of this Section, the tax rate
for bonded indebtedness shall be |
33 |
| determined in the manner provided in
Section 19-7; and |
34 |
| notwithstanding the creation of such new elementary
school |
|
|
|
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1 |
| district, the county clerk or clerks shall annually extend |
2 |
| taxes for
each outstanding bond issue against all the taxable |
3 |
| property that was
situated within the boundaries of the |
4 |
| dissolved unit school district as
such boundaries existed at |
5 |
| the time of the issuance of each such bond
issue, regardless of |
6 |
| whether such property was still contained in that unit
school |
7 |
| district at the time of its dissolution and regardless of |
8 |
| whether
such property is contained in the newly created |
9 |
| elementary school district
at the time of the extension of such |
10 |
| taxes by the county clerk or clerks.
|
11 |
| (Source: P.A. 86-1028.)
|
12 |
| (105 ILCS 5/11A-12) (from Ch. 122, par. 11A-12)
|
13 |
| Sec. 11A-12. Bonded indebtedness - Tax rate.
|
14 |
| (a) Except as provided in subsection (b), whenever a new |
15 |
| district
is created under the provisions of this Article, each
|
16 |
| such district as
it exists on and after such action shall |
17 |
| assume the financial obligations
to the Capital Development |
18 |
| Board , with regard to rental payments or otherwise pursuant to |
19 |
| Section 35-15 of the
School
Code and the Capital Development |
20 |
| Board Act, of all the territory included
therein after such |
21 |
| change, and the outstanding bonded indebtedness shall
be |
22 |
| treated as hereinafter provided in this Section and in Section |
23 |
| 19-29
of this Act. The tax rate for bonded indebtedness shall |
24 |
| be determined in
the manner provided in Section 19-7 of this |
25 |
| Act, and notwithstanding the
creation of any such new district, |
26 |
| the County Clerk or Clerks shall annually
extend taxes for each |
27 |
| outstanding bond issue against all the taxable property
that |
28 |
| was situated within the boundaries of the district as such |
29 |
| boundaries
existed at the time of the issuance of each such |
30 |
| bond issue regardless of
whether such property is still |
31 |
| contained
in that same district at the time of the extension of |
32 |
| such taxes by the
County Clerk or Clerks.
|
33 |
| (b) Whenever the entire territory of 2 or more school |
|
|
|
09300HB0756sam001 |
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|
1 |
| districts is
organized into a community unit school district |
2 |
| pursuant to a petition filed
under this Article, the petition |
3 |
| may provide that the entire territory of the
new community unit |
4 |
| school district shall assume the bonded indebtedness of the
|
5 |
| previously existing school district. In that case the tax rate |
6 |
| for bonded
indebtedness shall be determined in the manner |
7 |
| provided in Section 19-7 of this
Act, except the County Clerk |
8 |
| shall annually extend taxes for each outstanding
bond issue |
9 |
| against all the taxable property situated in the new community |
10 |
| unit
school district as it exists after the organization.
|
11 |
| (Source: P.A. 88-555, eff. 7-27-94.)
|
12 |
| (105 ILCS 5/11B-11) (from Ch. 122, par. 11B-11)
|
13 |
| Sec. 11B-11. Bonded indebtedness - Tax rate. Whenever a new |
14 |
| district
is created under any of the provisions of this Act, |
15 |
| each such district as
it exists on and after such
action shall |
16 |
| assume the financial obligations
to the Capital Development |
17 |
| Board , with regard to rental payments or otherwise pursuant to |
18 |
| Section 35-15 of "The School
Code" and the Capital Development |
19 |
| Board Act, of all the territory included
therein after such |
20 |
| change, and the outstanding bonded indebtedness shall
be |
21 |
| treated as hereinafter provided in this Section and in Section |
22 |
| 19-29
of this Act. The tax rate for bonded indebtedness shall |
23 |
| be determined in
the manner provided in Section 19-7 of this |
24 |
| Act, and notwithstanding the
creation of any such new district, |
25 |
| the County Clerk or Clerks shall annually
extend taxes for each |
26 |
| outstanding bond issue against all the taxable property
that |
27 |
| was situated within the boundaries of the district as such |
28 |
| boundaries
existed at the time of the issuance of each such |
29 |
| bond issue regardless of
whether such property is still |
30 |
| contained
in that same district at the time of the extension of |
31 |
| such taxes by the
County Clerk or Clerks.
|
32 |
| (Source: P.A. 83-686.)
|
|
|
|
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|
1 |
| (105 ILCS 5/11D-9) (from Ch. 122, par. 11D-9)
|
2 |
| Sec. 11D-9. Bonded indebtedness; tax rate. Whenever new |
3 |
| districts
are created under any of the provisions of this |
4 |
| Article, each such district as
it exists on and after such |
5 |
| action shall assume the financial obligations
to the Capital |
6 |
| Development Board , with regard to rental payments or otherwise
|
7 |
| pursuant to Section 35-15 of The School
Code and the Capital |
8 |
| Development Board Act, of all the territory included
therein |
9 |
| after such change, and the outstanding bonded indebtedness |
10 |
| shall
be treated as provided in this Section and in Section |
11 |
| 19-29
of this Act. The tax rate for bonded indebtedness shall |
12 |
| be determined in
the manner provided in Section 19-7 of this |
13 |
| Act, and notwithstanding the
creation of any such new |
14 |
| districts, the county clerk or clerks shall annually
extend |
15 |
| taxes for each outstanding bond issue against all the taxable |
16 |
| property
that was situated within the boundaries of each |
17 |
| district as such boundaries
existed at the time of the issuance |
18 |
| of each such bond issue, regardless of
whether such property is |
19 |
| still contained in that same district at the time
of the |
20 |
| extension of such taxes by the county clerk or clerks.
|
21 |
| (Source: P.A. 86-1334.)
|
22 |
| (105 ILCS 5/34-74) (from Ch. 122, par. 34-74)
|
23 |
| Sec. 34-74. Custody of school moneys. Except as provided in |
24 |
| Article
Articles 34A and 34B, and Section 34-29.2 of this
Code, |
25 |
| all moneys raised by taxation for school purposes, or
received |
26 |
| from
the state common school fund, or from any other source for |
27 |
| school
purposes, shall be held by the city treasurer, |
28 |
| ex-officio, as school
treasurer, in separate funds for school |
29 |
| purposes, subject to the order
of the board upon
(i) its |
30 |
| warrants signed by its president and secretary and
|
31 |
| countersigned by the mayor and city comptroller
or (ii) its |
32 |
| checks, as
defined in Section 3-104 of the Uniform Commercial |
33 |
| Code, signed by its
president, secretary, and comptroller and |
|
|
|
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|
1 |
| countersigned by the mayor and city
comptroller.
|
2 |
| (Source: P.A. 91-151, eff. 1-1-00.)
|
3 |
| (105 ILCS 5/1A-6 rep.)
|
4 |
| (105 ILCS 5/2-3.35 rep.)
|
5 |
| (105 ILCS 5/2-3.37 rep.)
|
6 |
| (105 ILCS 5/2-3.43 rep.)
|
7 |
| (105 ILCS 5/2-3.52 rep.)
|
8 |
| (105 ILCS 5/2-3.54 rep.)
|
9 |
| (105 ILCS 5/2-3.55 rep.)
|
10 |
| (105 ILCS 5/2-3.55A rep.)
|
11 |
| (105 ILCS 5/2-3.67 rep.)
|
12 |
| (105 ILCS 5/2-3.69 rep.)
|
13 |
| (105 ILCS 5/2-3.72 rep.)
|
14 |
| (105 ILCS 5/2-3.82 rep.)
|
15 |
| (105 ILCS 5/2-3.90 rep.)
|
16 |
| (105 ILCS 5/2-3.91 rep.)
|
17 |
| (105 ILCS 5/2-3.106 rep.) |
18 |
| (105 ILCS 5/2-3.114 rep.) |
19 |
| (105 ILCS 5/Art. 7C rep.)
|
20 |
| (105 ILCS 5/10-20.16 rep.)
|
21 |
| (105 ILCS 5/10-20.25 rep.)
|
22 |
| (105 ILCS 5/10-20.25a rep.)
|
23 |
| (105 ILCS 5/prec. Sec. 13-1 heading rep.)
|
24 |
| (105 ILCS 5/13-1 rep.)
|
25 |
| (105 ILCS 5/13-2 rep.)
|
26 |
| (105 ILCS 5/13-3 rep.)
|
27 |
| (105 ILCS 5/13-4 rep.)
|
28 |
| (105 ILCS 5/13-5 rep.)
|
29 |
| (105 ILCS 5/13-6 rep.)
|
30 |
| (105 ILCS 5/13-7 rep.)
|
31 |
| (105 ILCS 5/13-8 rep.)
|
32 |
| (105 ILCS 5/13-9 rep.)
|
33 |
| (105 ILCS 5/14-3.02 rep.)
|
|
|
|
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|
|
1 |
| (105 ILCS 5/14-3.03 rep.)
|
2 |
| (105 ILCS 5/17-2.6 rep.)
|
3 |
| (105 ILCS 5/29-6.4 rep.)
|
4 |
| (105 ILCS 5/29-17 rep.) |
5 |
| (105 ILCS 5/Art. 34B rep.) |
6 |
| (105 ILCS 5/Art. 35 rep.) |
7 |
| Section 90. The School Code is amended by repealing |
8 |
| Sections 1A-6, 2-3.35, 2-3.37, 2-3.43, 2-3.52, 2-3.54, 2-3.55, |
9 |
| 2-3.55A, 2-3.67, 2-3.69, 2-3.72, 2-3.82, 2-3.90, 2-3.91, |
10 |
| 2-3.106, 2-3.114, 10-20.16, 10-20.25, 10-20.25a, 13-1, 13-2, |
11 |
| 13-3, 13-4, 13-5, 13-6, 13-7, 13-8, 13-9, 14-3.02, 14-3.03, |
12 |
| 17-2.6, 29-6.4, 29-17, Articles 7C, 34B, and 35, and the |
13 |
| heading preceding Section 13-1.
|
14 |
| Section 99. Effective date. This Act takes effect upon |
15 |
| becoming law.".
|