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1 | AN ACT concerning education.
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2 | Be it enacted by the People of the State of Illinois,
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3 | represented in the General Assembly:
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4 | Section 5. The School Code is amended by changing Section | ||||||||||||||||||||||||
5 | 17-2.11 as follows:
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6 | (105 ILCS 5/17-2.11) (from Ch. 122, par. 17-2.11)
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7 | Sec. 17-2.11. School board power to levy a tax or to borrow | ||||||||||||||||||||||||
8 | money and
issue bonds for fire prevention, safety, energy | ||||||||||||||||||||||||
9 | conservation, disabled
accessibility, school security, and | ||||||||||||||||||||||||
10 | specified repair purposes.
Whenever, as a
result of any lawful | ||||||||||||||||||||||||
11 | order of any agency,
other than a school board, having | ||||||||||||||||||||||||
12 | authority to enforce any school building code
applicable to any | ||||||||||||||||||||||||
13 | facility that houses students, or any law or regulation for
the | ||||||||||||||||||||||||
14 | protection and safety of the environment, pursuant to the | ||||||||||||||||||||||||
15 | Environmental
Protection Act, any school district having a | ||||||||||||||||||||||||
16 | population of less than 500,000
inhabitants is required to | ||||||||||||||||||||||||
17 | alter or reconstruct any school building or
permanent, fixed | ||||||||||||||||||||||||
18 | equipment; or whenever any such district determines that
it is | ||||||||||||||||||||||||
19 | necessary for energy conservation purposes that any school | ||||||||||||||||||||||||
20 | building
or permanent, fixed equipment should be altered or | ||||||||||||||||||||||||
21 | reconstructed and
that such alterations or reconstruction will | ||||||||||||||||||||||||
22 | be made with funds not necessary
for the completion of approved | ||||||||||||||||||||||||
23 | and recommended projects contained in any safety
survey report | ||||||||||||||||||||||||
24 | or amendments thereto authorized by Section 2-3.12 of this Act;
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25 | or whenever any such district determines that it is necessary | ||||||||||||||||||||||||
26 | for disabled accessibility purposes and to comply with the | ||||||||||||||||||||||||
27 | school building
code that any
school building or equipment | ||||||||||||||||||||||||
28 | should be altered or reconstructed and that such
alterations or | ||||||||||||||||||||||||
29 | reconstruction will be made with
funds not necessary for the | ||||||||||||||||||||||||
30 | completion of approved and recommended projects
contained in | ||||||||||||||||||||||||
31 | any safety survey report or amendments thereto authorized under
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32 | Section 2-3.12 of this Act; or whenever any such district |
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1 | determines that it is
necessary for school
security purposes | ||||||
2 | and the related protection and safety of pupils and school
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3 | personnel that any school building , bleachers, or property | ||||||
4 | should be altered or
reconstructed or that security systems and | ||||||
5 | equipment (including but not limited
to intercom, early | ||||||
6 | detection and warning, access control and television
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7 | monitoring systems) should be purchased and installed, and that | ||||||
8 | such
alterations, reconstruction or purchase and installation | ||||||
9 | of equipment will be
made with funds not necessary for the | ||||||
10 | completion of approved and recommended
projects contained in | ||||||
11 | any safety survey report or amendment thereto authorized
by | ||||||
12 | Section 2-3.12 of this Act and will deter and prevent | ||||||
13 | unauthorized entry or
activities upon school property by | ||||||
14 | unknown or dangerous persons, assure early
detection and | ||||||
15 | advance warning of any such actual or attempted unauthorized
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16 | entry or activities and help assure the continued safety of | ||||||
17 | pupils and school
staff if any such unauthorized entry or | ||||||
18 | activity is attempted or occurs;
or if a school district does | ||||||
19 | not need funds for other fire prevention and
safety projects, | ||||||
20 | including the completion of approved and recommended projects
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21 | contained in any safety survey report or amendments thereto | ||||||
22 | authorized by
Section 2-3.12 of this Act, and it is determined | ||||||
23 | after a public hearing (which
is preceded by at least one | ||||||
24 | published notice (i) occurring at least 7 days
prior to the | ||||||
25 | hearing in a newspaper of general circulation within the school
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26 | district and (ii) setting forth the time, date, place, and | ||||||
27 | general subject
matter of the hearing) that there is a
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28 | substantial, immediate, and otherwise unavoidable threat to | ||||||
29 | the health, safety,
or welfare of pupils due to disrepair of | ||||||
30 | school sidewalks, playgrounds, parking
lots, or school bus | ||||||
31 | turnarounds and repairs must be made: then
in any such event, | ||||||
32 | such district may, by proper resolution, levy a tax for the
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33 | purpose of making such alteration or reconstruction, based on a | ||||||
34 | survey report
by an architect or engineer licensed in the State | ||||||
35 | of Illinois, upon all the
taxable property of the district at | ||||||
36 | the value as assessed by the Department of
Revenue at a rate |
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1 | not to exceed .05% per year for a period sufficient to
finance | ||||||
2 | such alterations, repairs, or reconstruction, upon the | ||||||
3 | following
conditions:
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4 | (a) When there are not sufficient funds available in | ||||||
5 | either the operations
and maintenance fund of the district | ||||||
6 | or the fire prevention and safety fund of
the district as | ||||||
7 | determined by the district on the basis of regulations | ||||||
8 | adopted
by the State Board of Education to make such | ||||||
9 | alterations, repairs, or
reconstruction, or to purchase | ||||||
10 | and install such permanent fixed equipment so
ordered or | ||||||
11 | determined as necessary. Appropriate school district | ||||||
12 | records shall
be made available to the State Superintendent | ||||||
13 | of Education upon request to
confirm such insufficiency.
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14 | (b) When a certified estimate of an architect or | ||||||
15 | engineer licensed in the
State of Illinois stating the | ||||||
16 | estimated amount necessary to make the
alterations or | ||||||
17 | repairs, or to purchase and install such equipment so | ||||||
18 | ordered
has been secured by the district, and the estimate | ||||||
19 | has been approved by the
regional superintendent of | ||||||
20 | schools, having jurisdiction of the district, and
the State | ||||||
21 | Superintendent of Education. Approval shall not be granted | ||||||
22 | for any
work that has already started without the prior | ||||||
23 | express authorization of the
State Superintendent of | ||||||
24 | Education. If such estimate is not approved or denied
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25 | approval by the regional superintendent of schools within 3 | ||||||
26 | months after the
date on which it is submitted to him or | ||||||
27 | her, the school board of the district
may submit such | ||||||
28 | estimate directly to the State Superintendent of Education | ||||||
29 | for
approval or denial.
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30 | For purposes of this Section a school district may replace | ||||||
31 | a school
building or build additions to replace portions of a | ||||||
32 | building when it is
determined that the effectuation of the | ||||||
33 | recommendations for the existing
building will cost more than | ||||||
34 | the replacement costs. Such determination shall
be based on a | ||||||
35 | comparison of estimated costs made by an architect or engineer
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36 | licensed in the State of Illinois. The new building or addition |
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1 | shall be
equivalent in area (square feet) and comparable in | ||||||
2 | purpose and grades served
and may be on the same site or | ||||||
3 | another site. Such replacement may only be done
upon order of | ||||||
4 | the regional superintendent of schools and the approval of the
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5 | State Superintendent of Education.
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6 | The filing of a certified copy of the resolution levying | ||||||
7 | the tax when
accompanied by the certificates of the regional | ||||||
8 | superintendent of schools and
State Superintendent of | ||||||
9 | Education shall be the authority of the county clerk to
extend | ||||||
10 | such tax.
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11 | The county clerk of the county in which any school district | ||||||
12 | levying a
tax under the authority of this Section is located, | ||||||
13 | in reducing raised
levies, shall not consider any such tax as a | ||||||
14 | part of the general levy
for school purposes and shall not | ||||||
15 | include the same in the limitation of
any other tax rate which | ||||||
16 | may be extended.
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17 | Such tax shall be levied and collected in like manner as | ||||||
18 | all other
taxes of school districts, subject to the provisions | ||||||
19 | contained in this Section.
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20 | The tax rate limit specified in this Section may be | ||||||
21 | increased to .10%
upon the approval of a proposition to effect | ||||||
22 | such increase by a majority
of the electors voting on that | ||||||
23 | proposition at a regular scheduled election.
Such proposition | ||||||
24 | may be initiated by resolution of the school board and
shall be | ||||||
25 | certified by the secretary to the proper election authorities | ||||||
26 | for
submission in accordance with the general election law.
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27 | When taxes are levied by any school district for fire | ||||||
28 | prevention,
safety, energy conservation, and school security | ||||||
29 | purposes as specified in this
Section, and the purposes for | ||||||
30 | which the taxes have been
levied are accomplished and paid in | ||||||
31 | full, and there remain funds on hand in
the Fire Prevention and | ||||||
32 | Safety Fund from the proceeds of the taxes levied,
including | ||||||
33 | interest earnings thereon, the school board by resolution shall | ||||||
34 | use
such excess and other board restricted funds excluding bond | ||||||
35 | proceeds and
earnings from such proceeds (1) for other | ||||||
36 | authorized fire prevention,
safety, energy conservation, and |
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1 | school security purposes
or (2) for transfer to the Operations | ||||||
2 | and Maintenance Fund
for the purpose of abating an equal amount | ||||||
3 | of operations and maintenance
purposes taxes. If any transfer | ||||||
4 | is made to the Operation and Maintenance
Fund, the secretary of | ||||||
5 | the school board shall within 30 days notify
the county clerk | ||||||
6 | of the amount of that transfer and direct the clerk to
abate | ||||||
7 | the taxes to be extended for the purposes of operations and
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8 | maintenance authorized under Section 17-2 of this Act by an | ||||||
9 | amount equal
to such transfer.
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10 | If the proceeds from the tax levy authorized by this
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11 | Section are insufficient to complete the work approved under | ||||||
12 | this
Section, the school board is authorized to sell bonds | ||||||
13 | without referendum
under the provisions of this Section in an | ||||||
14 | amount that, when added to the
proceeds of the tax levy | ||||||
15 | authorized by this Section, will allow completion
of the | ||||||
16 | approved work.
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17 | Such bonds shall bear interest at a rate not to exceed the | ||||||
18 | maximum rate
authorized by law at the time of the making of the | ||||||
19 | contract, shall mature
within 20 years from date, and shall be | ||||||
20 | signed by the president of the school
board and the treasurer | ||||||
21 | of the school district.
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22 | In order to authorize and issue such bonds, the school | ||||||
23 | board shall adopt
a resolution fixing the amount of bonds, the | ||||||
24 | date thereof, the maturities
thereof, rates of interest | ||||||
25 | thereof, place of payment and denomination,
which shall be in | ||||||
26 | denominations of not less than $100 and not more than
$5,000, | ||||||
27 | and provide for the levy and collection of a direct annual tax | ||||||
28 | upon
all the taxable property in the school district sufficient | ||||||
29 | to pay the
principal and interest on such bonds to maturity. | ||||||
30 | Upon the filing in the
office of the county clerk of the county | ||||||
31 | in which the school district is
located of a certified copy of | ||||||
32 | the resolution, it is the duty of the
county clerk to extend | ||||||
33 | the tax therefor in addition to and in excess of all
other | ||||||
34 | taxes heretofore or hereafter authorized to be
levied by such | ||||||
35 | school district.
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36 | After the time such bonds are issued as provided for by |
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1 | this Section, if
additional alterations or reconstructions are | ||||||
2 | required to be made because
of surveys conducted by an | ||||||
3 | architect or engineer licensed in the State of
Illinois, the | ||||||
4 | district may levy a tax at a rate not to exceed .05% per year
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5 | upon all the taxable property of the district or issue | ||||||
6 | additional bonds,
whichever action shall be the most feasible.
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7 | This Section is cumulative and constitutes complete | ||||||
8 | authority for the
issuance of bonds as provided in this Section | ||||||
9 | notwithstanding any other
statute or law to the contrary.
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10 | With respect to instruments for the payment of money issued | ||||||
11 | under this
Section either before, on, or after the effective | ||||||
12 | date of Public Act 86-004
(June 6, 1989), it is, and always has | ||||||
13 | been, the intention of the General
Assembly (i) that the | ||||||
14 | Omnibus Bond Acts are, and always have been,
supplementary | ||||||
15 | grants of power to issue instruments in accordance with the
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16 | Omnibus Bond Acts, regardless of any provision of this Act that | ||||||
17 | may appear
to be or to have been more restrictive than those | ||||||
18 | Acts, (ii) that the
provisions of this Section are not a | ||||||
19 | limitation on the supplementary
authority granted by the | ||||||
20 | Omnibus Bond Acts, and (iii) that instruments
issued under this | ||||||
21 | Section within the supplementary authority granted by the
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22 | Omnibus Bond Acts are not invalid because of any provision of | ||||||
23 | this Act that
may appear to be or to have been more restrictive | ||||||
24 | than those Acts.
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25 | When the purposes for which the bonds are issued have been | ||||||
26 | accomplished
and paid for in full and there remain funds on | ||||||
27 | hand from the proceeds of
the bond sale and interest earnings | ||||||
28 | therefrom, the board shall, by
resolution, use such excess | ||||||
29 | funds in accordance with the provisions of
Section 10-22.14 of | ||||||
30 | this Act.
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31 | Whenever any tax is levied or bonds issued for fire | ||||||
32 | prevention, safety,
energy conservation, and school security | ||||||
33 | purposes, such proceeds shall be
deposited and accounted for | ||||||
34 | separately within the Fire Prevention and Safety
Fund.
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35 | (Source: P.A. 88-251; 88-508; 88-628, eff. 9-9-94; 88-670,
eff. | ||||||
36 | 12-2-94; 89-235, eff. 8-4-95; 89-397, eff. 8-20-95.)
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1 | Section 99. Effective date. This Act takes effect upon | ||||||
2 | becoming law.
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