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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 Property Tax Code is amended by changing | |||||||||||||||||||||||||||
5 | Sections 18-50.1, 18-92, and 18-241 as follows:
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6 | (35 ILCS 200/18-50.1)
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7 | Sec. 18-50.1. School Finance Authority and Financial | |||||||||||||||||||||||||||
8 | Oversight Panel levies.
Notwithstanding any other law to the | |||||||||||||||||||||||||||
9 | contrary, any
levy adopted by a School Finance Authority | |||||||||||||||||||||||||||
10 | created under Article 1F of
the School Code or a Financial | |||||||||||||||||||||||||||
11 | Oversight Panel created under Article 1H of the School Code is | |||||||||||||||||||||||||||
12 | valid and shall be extended by the county clerk if it is
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13 | certified to the county clerk by the Authority or Panel in | |||||||||||||||||||||||||||
14 | sufficient time to allow
the county clerk to include the levy | |||||||||||||||||||||||||||
15 | in the extension for the taxable year.
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16 | (Source: P.A. 92-855, eff. 12-6-02.)
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17 | (35 ILCS 200/18-92)
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18 | Sec. 18-92. Downstate School Finance Authority for | |||||||||||||||||||||||||||
19 | Elementary
Districts Law and Financial Oversight Panel Law . The | |||||||||||||||||||||||||||
20 | provisions of the Truth in Taxation Law are subject to
the | |||||||||||||||||||||||||||
21 | Downstate School Finance Authority for Elementary Districts | |||||||||||||||||||||||||||
22 | Law and the Financial Oversight Panel Law of the School Code .
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| |||||||
1 | (Source: P.A. 92-855, eff. 12-6-02.)
| ||||||
2 | (35 ILCS 200/18-241)
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3 | Sec. 18-241. School Finance Authority and Financial | ||||||
4 | Oversight Panel .
| ||||||
5 | (a) A School Finance Authority established under Article 1E | ||||||
6 | or 1F of
the School Code shall not be a taxing district for | ||||||
7 | purposes of this Law. A Financial Oversight Panel established | ||||||
8 | under Article 1H of the School Code shall not be a taxing | ||||||
9 | district for purposes of this Law.
| ||||||
10 | (b) This Law shall not apply to the extension of taxes for | ||||||
11 | a
school district for the levy year in which a School Finance
| ||||||
12 | Authority for the district is created pursuant to Article 1E or | ||||||
13 | 1F of the
School Code. This Law shall not apply to the | ||||||
14 | extension of taxes for a school district for the levy year in | ||||||
15 | which a Financial Oversight Panel for the district is created | ||||||
16 | pursuant to Article 1H of the School Code.
| ||||||
17 | (Source: P.A. 92-547, eff. 6-13-02; 93-501, eff. 8-11-03.)
| ||||||
18 | Section 10. The Illinois Pension Code is amended by | ||||||
19 | changing Section 16-106 as follows:
| ||||||
20 | (40 ILCS 5/16-106) (from Ch. 108 1/2, par. 16-106)
| ||||||
21 | Sec. 16-106. Teacher. "Teacher": The following | ||||||
22 | individuals, provided
that, for employment prior to July 1, | ||||||
23 | 1990, they are employed on a
full-time basis, or if not |
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| |||||||
1 | full-time, on a permanent and continuous basis
in a position in | ||||||
2 | which services are expected to be rendered for at least
one | ||||||
3 | school term:
| ||||||
4 | (1) Any educational, administrative, professional or | ||||||
5 | other staff employed
in the public common schools included | ||||||
6 | within this system in a position
requiring certification | ||||||
7 | under the law governing the certification of
teachers;
| ||||||
8 | (2) Any educational, administrative, professional or | ||||||
9 | other staff employed
in any facility of the Department of | ||||||
10 | Children and Family Services or the
Department of Human | ||||||
11 | Services, in a position requiring certification under
the | ||||||
12 | law governing the certification of teachers, and any person | ||||||
13 | who (i)
works in such a position for the Department of | ||||||
14 | Corrections, (ii) was a member
of this System on May 31, | ||||||
15 | 1987, and (iii) did not elect to become a member of
the | ||||||
16 | State Employees' Retirement System pursuant to Section | ||||||
17 | 14-108.2 of this
Code; except that "teacher" does not | ||||||
18 | include any person who (A) becomes
a security employee of | ||||||
19 | the Department of Human Services, as defined in
Section | ||||||
20 | 14-110, after June 28, 2001 (the effective date of Public | ||||||
21 | Act
92-14), or (B) becomes a member of the State Employees'
| ||||||
22 | Retirement System pursuant to Section 14-108.2c of this | ||||||
23 | Code;
| ||||||
24 | (3) Any regional superintendent of schools, assistant | ||||||
25 | regional
superintendent of schools, State Superintendent | ||||||
26 | of Education; any person
employed by the State Board of |
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| |||||||
1 | Education as an executive; any executive of
the boards | ||||||
2 | engaged in the service of public common school education in
| ||||||
3 | school districts covered under this system of which the | ||||||
4 | State
Superintendent of Education is an ex-officio member; | ||||||
5 | any chief executive officer, chief educational officer, or | ||||||
6 | chief fiscal officer employed by a School Finance Authority | ||||||
7 | under Article 1E or 1F of the School Code; any chief | ||||||
8 | executive officer, chief educational officer, or chief | ||||||
9 | fiscal officer employed by a Financial Oversight Panel | ||||||
10 | under Article 1H of the School Code;
| ||||||
11 | (4) Any employee of a school board association | ||||||
12 | operating in compliance
with Article 23 of the School Code | ||||||
13 | who is certificated under the law
governing the | ||||||
14 | certification of teachers;
| ||||||
15 | (5) Any person employed by the retirement system
who:
| ||||||
16 | (i) was an employee of and a participant in the | ||||||
17 | system on August 17,
2001 (the effective date of Public | ||||||
18 | Act 92-416), or
| ||||||
19 | (ii) becomes an employee of the system on or after | ||||||
20 | August 17, 2001;
| ||||||
21 | (6) Any educational, administrative, professional or | ||||||
22 | other staff
employed by and under the supervision and | ||||||
23 | control of a regional
superintendent of schools, provided | ||||||
24 | such employment position requires the
person to be | ||||||
25 | certificated under the law governing the certification of
| ||||||
26 | teachers and is in an educational program serving 2 or more |
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1 | districts in
accordance with a joint agreement authorized | ||||||
2 | by the School Code or by federal
legislation;
| ||||||
3 | (7) Any educational, administrative, professional or | ||||||
4 | other staff employed
in an educational program serving 2 or | ||||||
5 | more school districts in accordance
with a joint agreement | ||||||
6 | authorized by the School Code or by federal
legislation and | ||||||
7 | in a position requiring certification under the laws
| ||||||
8 | governing the certification of teachers;
| ||||||
9 | (8) Any officer or employee of a statewide teacher | ||||||
10 | organization or
officer of a national teacher organization | ||||||
11 | who is certified under the law
governing certification of | ||||||
12 | teachers, provided: (i) the individual had
previously | ||||||
13 | established creditable service under this Article, (ii) | ||||||
14 | the
individual files with the system an irrevocable | ||||||
15 | election to become a member,
and (iii) the individual does | ||||||
16 | not receive credit for such service under any
other Article | ||||||
17 | of this Code;
| ||||||
18 | (9) Any educational, administrative, professional, or | ||||||
19 | other staff
employed in a charter school operating in | ||||||
20 | compliance with the Charter
Schools Law who is certificated | ||||||
21 | under the law governing the certification
of teachers.
| ||||||
22 | An annuitant receiving a retirement annuity under this | ||||||
23 | Article or under
Article 17 of this Code who is employed by a | ||||||
24 | board of education
or other employer as permitted under Section | ||||||
25 | 16-118
or 16-150.1 is not a "teacher" for purposes of this | ||||||
26 | Article. A person who
has received a single-sum retirement |
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| |||||||
1 | benefit under Section 16-136.4 of this
Article is not a | ||||||
2 | "teacher" for purposes of this Article.
| ||||||
3 | (Source: P.A. 92-14, eff. 6-28-01; 92-416, eff. 8-17-01;
| ||||||
4 | 92-651, eff. 7-11-02; 93-320, eff. 7-23-03.)
| ||||||
5 | Section 15. The School Code is amended by changing Sections | ||||||
6 | 1B-8 and 17-11.2 and by adding Article 1H as follows:
| ||||||
7 | (105 ILCS 5/1B-8) (from Ch. 122, par. 1B-8)
| ||||||
8 | Sec. 1B-8. There is created in the State Treasury a
special | ||||||
9 | fund to be known as the School District Emergency
Financial | ||||||
10 | Assistance Fund (the "Fund"). The School District Emergency
| ||||||
11 | Financial Assistance Fund shall consist of appropriations, | ||||||
12 | loan repayments, grants from the
federal government, and | ||||||
13 | donations from any public or private source. Moneys in
the Fund
| ||||||
14 | may be appropriated only to the Illinois Finance Authority and
| ||||||
15 | the State Board for
those purposes authorized under this | ||||||
16 | Article and Articles
Article 1F and 1H of this Code.
The | ||||||
17 | appropriation may be
allocated and expended by the State Board | ||||||
18 | as
grants to provide technical and consulting services to | ||||||
19 | school districts to assess their financial condition and by the | ||||||
20 | Illinois Finance Authority as
loans to school districts which | ||||||
21 | are the subject of an
approved petition for emergency financial | ||||||
22 | assistance under
Section 1B-4 ,
or 1F-62 , or 1H-65 of this Code. | ||||||
23 | Neither the State Board of Education nor the Illinois Finance | ||||||
24 | Authority may collect any fees for providing these services. |
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1 | From the amount allocated to each such school
district | ||||||
2 | under this Article the State Board shall identify a sum | ||||||
3 | sufficient to
cover all approved costs of the Financial | ||||||
4 | Oversight Panel
established for the respective school | ||||||
5 | district. If the State Board and State
Superintendent of | ||||||
6 | Education have not approved emergency financial assistance in
| ||||||
7 | conjunction with the appointment of a Financial Oversight | ||||||
8 | Panel, the Panel's
approved costs shall be paid from deductions | ||||||
9 | from the district's general State
aid.
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10 | The Financial Oversight Panel may prepare and file
with the | ||||||
11 | State Superintendent a proposal for emergency
financial | ||||||
12 | assistance for the school district and for its
operations | ||||||
13 | budget. No expenditures shall be
authorized by the State | ||||||
14 | Superintendent until he or she has approved
the proposal of the | ||||||
15 | Panel, either as submitted or in such
lesser amount determined | ||||||
16 | by the State Superintendent.
| ||||||
17 | The maximum amount of an emergency financial assistance | ||||||
18 | loan
which may be allocated to any school district under this
| ||||||
19 | Article, including moneys necessary for the operations of
the | ||||||
20 | Panel, shall not exceed $4,000 times the number of pupils
| ||||||
21 | enrolled in the school district during the school year
ending | ||||||
22 | June 30 prior to the date of approval by the State
Board of the | ||||||
23 | petition for emergency financial assistance, as
certified to | ||||||
24 | the local board and the Panel by the State
Superintendent.
An | ||||||
25 | emergency financial assistance grant shall not exceed $1,000 | ||||||
26 | times the
number of such pupils. A district may receive both a |
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1 | loan and a grant.
| ||||||
2 | The payment of an emergency State financial assistance | ||||||
3 | grant or loan
shall be subject to appropriation by the General | ||||||
4 | Assembly.
Emergency State financial assistance allocated and | ||||||
5 | paid to a school
district under this Article may be applied to | ||||||
6 | any fund or funds from which
the local board of education of | ||||||
7 | that district is authorized to make
expenditures by law.
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8 | Any emergency financial assistance proposed by the
| ||||||
9 | Financial Oversight Panel and approved by the State
| ||||||
10 | Superintendent may be paid in its entirety during the
initial | ||||||
11 | year of the Panel's existence or spread in equal or
declining | ||||||
12 | amounts over a period of years not to exceed the
period of the | ||||||
13 | Panel's existence. All
loan payments made from the School | ||||||
14 | District Emergency Financial
Assistance Fund for a
school | ||||||
15 | district shall be required to be repaid, with simple interest | ||||||
16 | over
the term of the loan at a rate equal to 50% of the one-year | ||||||
17 | Constant Maturity
Treasury (CMT) yield as last published by the | ||||||
18 | Board of Governors of the Federal
Reserve System before the | ||||||
19 | date on which the district's loan is
approved
by the State | ||||||
20 | Board of Education, not later than the
date the
Financial | ||||||
21 | Oversight Panel ceases to exist. The Panel shall
establish and | ||||||
22 | the Illinois Finance Authority shall
approve the terms and | ||||||
23 | conditions, including the schedule, of
repayments. The | ||||||
24 | schedule shall provide for repayments
commencing July 1 of each | ||||||
25 | year or upon each fiscal year's receipt of moneys from a tax | ||||||
26 | levy for emergency financial assistance. Repayment shall be |
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1 | incorporated into the
annual budget of the school district and | ||||||
2 | may be made from any fund or funds
of the district in which | ||||||
3 | there are moneys available. Default on repayment is subject to | ||||||
4 | the Illinois Grant Funds Recovery Act. When moneys are repaid
| ||||||
5 | as provided herein they shall not be made available to the | ||||||
6 | local board for
further use as emergency financial assistance | ||||||
7 | under this Article at any
time thereafter. All repayments | ||||||
8 | required to be made by a school district
shall be received by | ||||||
9 | the State Board and deposited in the School District
Emergency | ||||||
10 | Financial Assistance Fund.
| ||||||
11 | In establishing the terms and conditions for the
repayment | ||||||
12 | obligation of the school district the Panel shall
annually | ||||||
13 | determine whether a separate local property tax levy is
| ||||||
14 | required. The board of any school district with a tax rate
for | ||||||
15 | educational purposes for the prior year of less than
120% of | ||||||
16 | the maximum rate for educational purposes authorized
by Section | ||||||
17 | 17-2 shall provide for a separate
tax levy for emergency | ||||||
18 | financial assistance repayment
purposes. Such tax levy shall | ||||||
19 | not be subject to referendum approval. The
amount of the levy | ||||||
20 | shall be equal to the
amount necessary to meet the annual | ||||||
21 | repayment obligations of
the district as established by the | ||||||
22 | Panel, or 20% of the
amount levied for educational purposes for | ||||||
23 | the prior year,
whichever is less. However, no district shall | ||||||
24 | be
required to levy the tax if the district's operating tax
| ||||||
25 | rate as determined under Section
18-8 or 18-8.05 exceeds 200% | ||||||
26 | of the district's tax rate for educational
purposes for the |
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| |||||||
1 | prior year.
| ||||||
2 | (Source: P.A. 94-234, eff. 7-1-06 .)
| ||||||
3 | (105 ILCS 5/Art. 1H heading new)
| ||||||
4 | ARTICLE 1H. FINANCIAL OVERSIGHT PANELS | ||||||
5 | (105 ILCS 5/1H-1 new) | ||||||
6 | Sec. 1H-1. Short title. This Article may be cited as the | ||||||
7 | Financial Oversight Panel Law. | ||||||
8 | (105 ILCS 5/1H-5 new) | ||||||
9 | Sec. 1H-5. Findings; purpose; intent. | ||||||
10 | (a) The General Assembly finds all of the following: | ||||||
11 | (1) A fundamental goal of the people of this State, as | ||||||
12 | expressed in Section 1 of Article X of the Illinois | ||||||
13 | Constitution, is the educational development of all | ||||||
14 | persons to the limits of their capacities. When a board of | ||||||
15 | education faces financial difficulties, continued | ||||||
16 | operation of the public school system is threatened. | ||||||
17 | (2) A sound financial structure is essential to the | ||||||
18 | continued operation of any school system. It is vital to | ||||||
19 | commercial, educational, and cultural interests that | ||||||
20 | public schools remain in operation. To achieve that goal, | ||||||
21 | public school systems must have effective access to the | ||||||
22 | private market to borrow short and long term funds. | ||||||
23 | (3) To promote the financial integrity of districts, as |
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1 | defined in this Article, it is necessary to provide for the | ||||||
2 | creation of financial oversight panels with the powers | ||||||
3 | necessary to promote sound financial management and to | ||||||
4 | ensure the continued operation of the public schools. | ||||||
5 | (b) It is the purpose of this Article to provide a secure | ||||||
6 | financial basis for the continued operation of public schools. | ||||||
7 | The intention of the General Assembly, in creating this | ||||||
8 | Article, is to establish procedures, provide powers, and impose | ||||||
9 | restrictions to ensure the financial and educational integrity | ||||||
10 | of the public schools, while leaving principal responsibility | ||||||
11 | for the educational policies of public schools to the boards of | ||||||
12 | education within the State, consistent with the requirements | ||||||
13 | for satisfying the public policy and purpose set forth in this | ||||||
14 | Article.
| ||||||
15 | (105 ILCS 5/1H-10 new) | ||||||
16 | Sec. 1H-10. Definitions. As used in this Article: | ||||||
17 | "Bonds" means bonds authorized to be issued by the Panel | ||||||
18 | under Section 1H-70 of this Code. | ||||||
19 | "Budget" means the annual budget of the district required | ||||||
20 | under Section 17-1 of this Code, as in effect from time to | ||||||
21 | time. | ||||||
22 | "Chairperson" means the Chairperson of the Panel. | ||||||
23 | "District" means any school district having a population of | ||||||
24 | not more than 500,000 that has had a Financial Oversight Panel | ||||||
25 | established under this Article. |
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| |||||||
1 | "Financial plan" means the financial plan of the district | ||||||
2 | to be developed pursuant to this Article, as in effect from | ||||||
3 | time to time. | ||||||
4 | "Fiscal year" means the fiscal year of the district. | ||||||
5 | "Obligations" means bonds and notes of the Panel. | ||||||
6 | "Panel" means a Financial Oversight Panel created under | ||||||
7 | this Article. | ||||||
8 | "State Board" means the State Board of Education. | ||||||
9 | "State Superintendent" means the State Superintendent of | ||||||
10 | Education. | ||||||
11 | (105 ILCS 5/1H-15 new) | ||||||
12 | Sec. 1H-15. Establishment of Financial Oversight Panels; | ||||||
13 | duties of district. | ||||||
14 | (a) A school district may petition the State Board for the | ||||||
15 | establishment of a Financial Oversight Panel for the district. | ||||||
16 | The petition shall cite the reasons why the creation of a | ||||||
17 | Financial Oversight Panel for the district is necessary. The | ||||||
18 | State Board may grant the petition upon determining that the | ||||||
19 | approval of the petition is in the best educational and | ||||||
20 | financial interests of the district. The State Board may | ||||||
21 | establish a Financial Oversight Panel without a petition from a | ||||||
22 | district. | ||||||
23 | (b) Upon establishment of a Financial Oversight Panel, all | ||||||
24 | of the following shall occur: | ||||||
25 | (1) There is established a body both corporate and |
| |||||||
| |||||||
1 | politic to be known as the "(Name of School District) | ||||||
2 | Financial Oversight Panel", which in this name shall | ||||||
3 | exercise all authority vested in a Panel by this Article. | ||||||
4 | (2) The duties and obligations of the district under | ||||||
5 | Article 1B of this Code shall be transferred and become | ||||||
6 | duties and obligations owed by the district to the | ||||||
7 | Financial Oversight Panel. | ||||||
8 | (c) In the event of a conflict between the provisions of | ||||||
9 | this Article and the provisions of Article 1B of this Code, the | ||||||
10 | provisions of this Article control. | ||||||
11 | (105 ILCS 5/1H-20 new) | ||||||
12 | Sec. 1H-20. Members of Panel; meetings. | ||||||
13 | (a) Upon establishment of a Financial Oversight Panel under | ||||||
14 | Section 1H-15 of this Code, the State Superintendent shall | ||||||
15 | within 15 days thereafter appoint 5 members to serve on a | ||||||
16 | Financial Oversight Panel for the district. Members appointed | ||||||
17 | to the Panel shall serve at the pleasure of the State | ||||||
18 | Superintendent. The State Superintendent shall designate one | ||||||
19 | of the members of the Panel to serve as its Chairperson. In the | ||||||
20 | event of vacancy or resignation, the State Superintendent | ||||||
21 | shall, within 10 days after receiving notice, appoint a | ||||||
22 | successor to serve out that member's term. The State | ||||||
23 | Superintendent may remove a member for incompetence, | ||||||
24 | malfeasance, neglect of duty, or other just cause. | ||||||
25 | (b) Members of the Panel shall be selected primarily on the |
| |||||||
| |||||||
1 | basis of their experience and education in financial | ||||||
2 | management, with consideration given to persons knowledgeable | ||||||
3 | in education finance. Two members of the Panel shall be | ||||||
4 | residents of the school district that the Panel serves. A | ||||||
5 | member of the Panel may not be a member of the district's | ||||||
6 | school board or an employee of the district nor may a member | ||||||
7 | have a direct financial interest in the district. | ||||||
8 | (c) Panel members may be reimbursed by the State Board for | ||||||
9 | travel and other necessary expenses incurred in the performance | ||||||
10 | of their official duties. Unless paid from bonds issued under | ||||||
11 | Section 1H-70 of this Code, the amount reimbursed members for | ||||||
12 | their expenses shall be charged to the school district as part | ||||||
13 | of any emergency financial assistance and incorporated as a | ||||||
14 | part of the terms and conditions for repayment of the | ||||||
15 | assistance or shall be deducted from the district's general | ||||||
16 | State aid as provided in Section 1H-65 of this Code. | ||||||
17 | (d) The Panel may elect such officers as it deems | ||||||
18 | appropriate. | ||||||
19 | (e) The first meeting of the Panel shall be held at the | ||||||
20 | call of the Chairperson. The Panel shall prescribe the times | ||||||
21 | and places for its meetings and the manner in which regular and | ||||||
22 | special meetings may be called and shall comply with the Open | ||||||
23 | Meetings Act. | ||||||
24 | (f) Three members of the Panel shall constitute a quorum. | ||||||
25 | When a vote is taken upon any measure before the Panel, a | ||||||
26 | quorum being present, a majority of the votes of the members |
| |||||||
| |||||||
1 | voting on the measure shall determine the outcome. | ||||||
2 | (105 ILCS 5/1H-25 new) | ||||||
3 | Sec. 1H-25. General powers. The purposes of the Panel shall | ||||||
4 | be to exercise financial control over the district and to | ||||||
5 | furnish financial assistance so that the district can provide | ||||||
6 | public education within the district's jurisdiction while | ||||||
7 | permitting the district to meet its obligations to its | ||||||
8 | creditors and the holders of its debt. Except as expressly | ||||||
9 | limited by this Article, the Panel shall have all powers | ||||||
10 | granted to a voluntary or involuntary Financial Oversight Panel | ||||||
11 | and to a Financial Administrator under Article 1B of this Code | ||||||
12 | and all other powers necessary to meet its responsibilities and | ||||||
13 | to carry out its purposes and the purposes of this Article, | ||||||
14 | including without limitation all of the following powers, | ||||||
15 | provided that the Panel shall have no power to terminate any | ||||||
16 | employee without following the statutory procedures for such | ||||||
17 | terminations set forth in this Code: | ||||||
18 | (1) To sue and to be sued. | ||||||
19 | (2) To make, cancel, modify, and execute contracts, | ||||||
20 | leases, subleases, and all other instruments or agreements | ||||||
21 | necessary or convenient for the exercise of the powers and | ||||||
22 | functions granted by this Article, subject to Section 1H-45 | ||||||
23 | of this Code. The Panel may at a regular or special meeting | ||||||
24 | find that the district has insufficient or inadequate funds | ||||||
25 | with respect to any contract, other than collective |
| |||||||
| |||||||
1 | bargaining agreements. | ||||||
2 | (3) To purchase real or personal property necessary or | ||||||
3 | convenient for its purposes; to execute and deliver deeds | ||||||
4 | for real property held in its own name; and to sell, lease, | ||||||
5 | or otherwise dispose of such of its property as, in the | ||||||
6 | judgment of the Panel, is no longer necessary for its | ||||||
7 | purposes. | ||||||
8 | (4) To appoint officers, agents, and employees of the | ||||||
9 | Panel, including a chief executive officer, a chief fiscal | ||||||
10 | officer, and a chief educational officer; to define their | ||||||
11 | duties and qualifications; and to fix their compensation | ||||||
12 | and employee benefits. | ||||||
13 | (5) To transfer to the district such sums of money as | ||||||
14 | are not required for other purposes. | ||||||
15 | (6) To borrow money, including without limitation | ||||||
16 | accepting State loans, and to issue obligations pursuant to | ||||||
17 | this Article; to fund, refund, or advance refund the same; | ||||||
18 | to provide for the rights of the holders of its | ||||||
19 | obligations; and to repay any advances. | ||||||
20 | (7) To levy all property tax levies that otherwise | ||||||
21 | could be levied by the district, and to make levies | ||||||
22 | pursuant to Section 1H-65 of this Code. This levy or levies | ||||||
23 | shall be exempt from the Truth in Taxation Law. | ||||||
24 | (8) Subject to the provisions of any contract with or | ||||||
25 | for the benefit of the holders of its obligations, to | ||||||
26 | purchase or redeem its obligations. |
| |||||||
| |||||||
1 | (9) To procure all necessary goods and services for the | ||||||
2 | Panel in compliance with the purchasing laws and | ||||||
3 | requirements applicable to the district. | ||||||
4 | (10) To do any and all things necessary or convenient | ||||||
5 | to carry out its purposes and exercise the powers given to | ||||||
6 | it by this Article. | ||||||
7 | (11) To recommend annexation, consolidation, | ||||||
8 | dissolution, or reorganization of the district, in whole or | ||||||
9 | in part, to the State Board if in the Panel's judgment the | ||||||
10 | circumstances so require. No such proposal for annexation, | ||||||
11 | consolidation, dissolution, or reorganization shall occur | ||||||
12 | unless the Panel and the school boards of all other | ||||||
13 | districts directly affected by the annexation, | ||||||
14 | consolidation, dissolution, or reorganization have each | ||||||
15 | approved by majority vote the annexation, consolidation, | ||||||
16 | dissolution, or reorganization. Notwithstanding any other | ||||||
17 | law to the contrary, upon approval of the proposal by the | ||||||
18 | State Board, the State Board and all other affected | ||||||
19 | entities shall forthwith implement the proposal. When a | ||||||
20 | dissolution and annexation becomes effective for purposes | ||||||
21 | of administration and attendance, the positions of | ||||||
22 | teachers in contractual continued service in the district | ||||||
23 | being dissolved shall be transferred to the annexing | ||||||
24 | district or districts, pursuant to the provisions of | ||||||
25 | Section 24-12 of this Code. In the event that the territory | ||||||
26 | is added to 2 or more districts, the decision on which |
| |||||||
| |||||||
1 | positions shall be transferred to which annexing districts | ||||||
2 | shall be made by giving consideration to the proportionate | ||||||
3 | percentage of pupils transferred and the annexing | ||||||
4 | districts' staffing needs, and the transfer of teachers in | ||||||
5 | contractual continued service into positions shall be | ||||||
6 | based upon the request of those teachers in contractual | ||||||
7 | continued service in order of seniority in the dissolving | ||||||
8 | district. The status of all teachers in contractual | ||||||
9 | continued service transferred to an annexing district | ||||||
10 | shall not be lost, and the board of the annexing district | ||||||
11 | is subject to this Code with respect to teachers in | ||||||
12 | contractual continued service who are transferred in the | ||||||
13 | same manner as if the person were the annexing district's | ||||||
14 | employee and had been its employee during the time the | ||||||
15 | person was actually employed by the board of the dissolving | ||||||
16 | district from which the position was transferred. | ||||||
17 | (105 ILCS 5/1H-30 new) | ||||||
18 | Sec. 1H-30. Chief executive officer. The Panel may appoint | ||||||
19 | a chief executive officer who, under the direction of the | ||||||
20 | Panel, shall supervise the Panel's staff, including the chief | ||||||
21 | educational officer and the chief fiscal officer, and shall | ||||||
22 | have ultimate responsibility for implementing the policies, | ||||||
23 | procedures, directives, and decisions of the Panel. | ||||||
24 | (105 ILCS 5/1H-35 new) |
| |||||||
| |||||||
1 | Sec. 1H-35. Chief educational officer. The Panel may at a | ||||||
2 | regular or special meeting find that cause exists to cancel the | ||||||
3 | contract of the school district's superintendent who is serving | ||||||
4 | at the time the Panel is established. If there is no | ||||||
5 | superintendent, then the Panel shall, following consultation | ||||||
6 | with the district, employ a chief educational officer for the | ||||||
7 | district, who shall have all of the powers and duties of a | ||||||
8 | school district superintendent under this Code and such other | ||||||
9 | duties as may be assigned by the Panel in accordance with this | ||||||
10 | Code. The chief educational officer shall report to the Panel | ||||||
11 | or the chief executive officer appointed by the Panel. The | ||||||
12 | district shall not thereafter employ a superintendent during | ||||||
13 | the period that a chief educational officer is serving in the | ||||||
14 | district. The chief educational officer shall hold a | ||||||
15 | certificate with a superintendent endorsement issued under | ||||||
16 | Article 21 of this Code. | ||||||
17 | (105 ILCS 5/1H-40 new) | ||||||
18 | Sec. 1H-40. Chief fiscal officer. The Panel may appoint a | ||||||
19 | chief fiscal officer who, under the direction of the Panel, | ||||||
20 | shall have all of the powers and duties of the district's chief | ||||||
21 | school business official and any other duties regarding | ||||||
22 | budgeting, accounting, and other financial matters that are | ||||||
23 | assigned by the Panel, in accordance with this Code. The | ||||||
24 | district may not employ a chief school business official during | ||||||
25 | the period that the chief fiscal officer is serving in the |
| |||||||
| |||||||
1 | district. The chief fiscal officer may, but is not required to, | ||||||
2 | hold a certificate with a chief school business official | ||||||
3 | endorsement issued under Article 21 of this Code. | ||||||
4 | (105 ILCS 5/1H-45 new) | ||||||
5 | Sec. 1H-45. Collective bargaining agreements. The Panel | ||||||
6 | shall have the power to negotiate collective bargaining | ||||||
7 | agreements with the district's employees in lieu of and on | ||||||
8 | behalf of the district. Upon concluding bargaining, the | ||||||
9 | district shall execute the agreements negotiated by the Panel, | ||||||
10 | and the district shall be bound by and shall administer the | ||||||
11 | agreements in all respects as if the agreements had been | ||||||
12 | negotiated by the district itself. | ||||||
13 | (105 ILCS 5/1H-50 new) | ||||||
14 | Sec. 1H-50. Deposits and investments. | ||||||
15 | (a) The Panel shall have the power to establish checking | ||||||
16 | and whatever other banking accounts it may deem appropriate for | ||||||
17 | conducting its affairs. | ||||||
18 | (b) Subject to the provisions of any contract with or for | ||||||
19 | the benefit of the holders of its obligations, the Panel may | ||||||
20 | invest any funds not required for immediate use or | ||||||
21 | disbursement, as provided in the Public Funds Investment Act. | ||||||
22 | (105 ILCS 5/1H-55 new) | ||||||
23 | Sec. 1H-55. Cash accounts and bank accounts. |
| |||||||
| |||||||
1 | (a) The Panel shall require the district or any officer of | ||||||
2 | the district, including the district's treasurer, to establish | ||||||
3 | and maintain separate cash accounts and separate bank accounts | ||||||
4 | in accordance with such rules, standards, and procedures as the | ||||||
5 | Panel may prescribe. | ||||||
6 | (b) The Panel shall have the power to assume exclusive | ||||||
7 | administration of the cash accounts and bank accounts of the | ||||||
8 | district, to establish and maintain whatever new cash accounts | ||||||
9 | and bank accounts it may deem appropriate, and to withdraw | ||||||
10 | funds from these accounts for the lawful expenditures of the | ||||||
11 | district. | ||||||
12 | (105 ILCS 5/1H-60 new) | ||||||
13 | Sec. 1H-60. Financial, management, and budgetary | ||||||
14 | structure. Upon direction of the Panel, the district shall | ||||||
15 | reorganize the financial accounts, management, and budgetary | ||||||
16 | systems of the district in whatever manner the Panel deems | ||||||
17 | appropriate to achieve greater financial responsibility and to | ||||||
18 | reduce financial inefficiency. | ||||||
19 | (105 ILCS 5/1H-65 new) | ||||||
20 | Sec. 1H-65. School District Emergency Financial Assistance | ||||||
21 | Fund; grants and loans. | ||||||
22 | (a) Moneys in the School District Emergency Financial | ||||||
23 | Assistance Fund established under Section 1B-8 of this Code may | ||||||
24 | be allocated and expended by the State Board as grants to |
| |||||||
| |||||||
1 | provide technical and consulting services to school districts | ||||||
2 | to assess their financial condition and by the Illinois Finance | ||||||
3 | Authority for emergency financial assistance loans to a Panel | ||||||
4 | that petitions for emergency financial assistance. An | ||||||
5 | emergency financial assistance loan to a Panel or borrowing | ||||||
6 | from sources other than the State shall not be considered part | ||||||
7 | of the calculation of a district's debt for purposes of the | ||||||
8 | limitation specified in Section 19-1 of this Code. From the | ||||||
9 | amount allocated to each Panel, the State Board shall identify | ||||||
10 | a sum sufficient to cover all approved costs of the Panel. If | ||||||
11 | the State Board and State Superintendent have not approved | ||||||
12 | emergency financial assistance in conjunction with the | ||||||
13 | appointment of a Panel, the Panel's approved costs shall be | ||||||
14 | paid from deductions from the district's general State aid. | ||||||
15 | (b) The Panel may prepare and file with the State | ||||||
16 | Superintendent a proposal for emergency financial assistance | ||||||
17 | for the school district and for its operations budget. No | ||||||
18 | expenditures may be authorized by the State Superintendent | ||||||
19 | until he or she has approved the proposal of the Panel, either | ||||||
20 | as submitted or in such lesser amount as determined by the | ||||||
21 | State Superintendent. | ||||||
22 | (c) The amount of an emergency financial assistance loan | ||||||
23 | that may be allocated to a Panel under this Article, including | ||||||
24 | moneys necessary for the operations of the Panel, and borrowing | ||||||
25 | from sources other than the State shall not exceed, in the | ||||||
26 | aggregate, $4,000 times the number of pupils enrolled in the |
| |||||||
| |||||||
1 | district during the school year ending June 30 prior to the | ||||||
2 | date of approval by the State Board of the petition for | ||||||
3 | emergency financial assistance, as certified to the school | ||||||
4 | board and the Panel by the State Superintendent. However, this | ||||||
5 | limitation does not apply to borrowing by the district secured | ||||||
6 | by amounts levied by the district prior to establishment of the | ||||||
7 | Panel. An emergency financial assistance grant shall not exceed | ||||||
8 | $1,000 times the number of such pupils. A district may receive | ||||||
9 | both a loan and a grant. | ||||||
10 | (d) The payment of a State emergency financial assistance | ||||||
11 | grant or loan is subject to appropriation by the General | ||||||
12 | Assembly. State emergency financial assistance allocated and | ||||||
13 | paid to a Panel under this Article may be applied to any fund | ||||||
14 | or funds from which the Panel is authorized to make | ||||||
15 | expenditures by law. | ||||||
16 | (e) Any State emergency financial assistance proposed by | ||||||
17 | the Panel and approved by the State Superintendent may be paid | ||||||
18 | in its entirety during the initial year of the Panel's | ||||||
19 | existence or spread in equal or declining amounts over a period | ||||||
20 | of years not to exceed the period of the Panel's existence. The | ||||||
21 | State Superintendent shall not approve any loan to the Panel | ||||||
22 | unless the Panel has been unable to borrow sufficient funds to | ||||||
23 | operate the district. | ||||||
24 | (f) All loan payments made from the School District | ||||||
25 | Emergency Financial Assistance Fund to a Panel shall be | ||||||
26 | required to be repaid not later than the date the Panel ceases |
| |||||||
| |||||||
1 | to exist, with simple interest over the term of the loan at a | ||||||
2 | rate equal to 50% of the one-year Constant Maturity Treasury | ||||||
3 | (CMT) yield as last published by the Board of Governors of the | ||||||
4 | Federal Reserve System before the date on which the Panel's | ||||||
5 | loan is approved by the State Board. | ||||||
6 | (g) The Panel shall establish and the Illinois Finance | ||||||
7 | Authority shall approve the terms and conditions of the loan, | ||||||
8 | including the schedule of repayments. The schedule shall | ||||||
9 | provide for repayments commencing July 1 of each year or upon | ||||||
10 | each fiscal year's receipt of moneys from a tax levy for | ||||||
11 | emergency financial assistance. Repayment shall be | ||||||
12 | incorporated into the annual budget of the district and may be | ||||||
13 | made from any fund or funds of the district in which there are | ||||||
14 | moneys available. Default on repayment is subject to the | ||||||
15 | Illinois Grant Funds Recovery Act. When moneys are repaid as | ||||||
16 | provided in this Section, they shall not be made available to | ||||||
17 | the Panel for further use as emergency financial assistance | ||||||
18 | under this Article at any time thereafter. All repayments | ||||||
19 | required to be made by a Panel shall be received by the State | ||||||
20 | Board and deposited into the School District Emergency | ||||||
21 | Financial Assistance Fund. | ||||||
22 | (h) In establishing the terms and conditions for the | ||||||
23 | repayment obligation of the Panel, the Panel shall annually | ||||||
24 | determine whether a separate local property tax levy is | ||||||
25 | required to meet that obligation. The Panel shall provide for a | ||||||
26 | separate tax levy for emergency financial assistance repayment |
| |||||||
| |||||||
1 | purposes. This tax levy shall not be subject to referendum | ||||||
2 | approval. The amount of the levy shall not exceed the amount | ||||||
3 | necessary to meet the annual emergency financial repayment | ||||||
4 | obligations of the district, including principal and interest, | ||||||
5 | as established by the Panel. | ||||||
6 | (105 ILCS 5/1H-70 new) | ||||||
7 | Sec. 1H-70. Power to issue bonds. | ||||||
8 | (a) The Panel may incur indebtedness by the issuance of | ||||||
9 | negotiable full faith and credit general obligation bonds of | ||||||
10 | the Panel in an outstanding amount not to exceed at any time, | ||||||
11 | including existing indebtedness, 13.8% of the district's most | ||||||
12 | recent equalized assessed valuation, excluding Bonds of the | ||||||
13 | Panel that have been refunded, for (i) the purpose of providing | ||||||
14 | the district with moneys for ordinary and necessary | ||||||
15 | expenditures and other operational needs of the district; (ii) | ||||||
16 | payment or refunding of outstanding debt obligations or tax | ||||||
17 | anticipation warrants of the district, the proceeds of which | ||||||
18 | were used to provide financing for the district; (iii) payment | ||||||
19 | of fees for arrangements as provided in subsection (b) of | ||||||
20 | Section 1H-75 of this Code; (iv) payment of interest on Bonds; | ||||||
21 | (v) establishment of reserves to secure Bonds; (vi) the payment | ||||||
22 | of costs of issuance of Bonds; (vii) payment of principal of or | ||||||
23 | interest or redemption premium on any Bonds or notes of the | ||||||
24 | Panel; and (viii) all other expenditures of the Panel | ||||||
25 | incidental to and necessary or convenient for carrying out its |
| |||||||
| |||||||
1 | corporate purposes and powers. | ||||||
2 | (b) The Panel may from time to time (i) issue Bonds to | ||||||
3 | refund any outstanding Bonds or notes of the Panel, whether the | ||||||
4 | Bonds or notes to be refunded have or have not matured or | ||||||
5 | become redeemable, and (ii) issue Bonds partly to refund Bonds | ||||||
6 | or notes then outstanding and partly for any other purpose set | ||||||
7 | forth in this Section. | ||||||
8 | (c) Bonds issued in accordance with subsection (a) of this | ||||||
9 | Section are not subject to any other statutory limitation as to | ||||||
10 | debt, including without limitation that established by the | ||||||
11 | Local Government Debt Limitation Act, and may be issued without | ||||||
12 | referendum. | ||||||
13 | (105 ILCS 5/1H-75 new) | ||||||
14 | Sec. 1H-75. Terms of bonds. | ||||||
15 | (a) Whenever the Panel desires or is required to issue | ||||||
16 | Bonds as provided in this Article, it shall adopt a resolution | ||||||
17 | designating the amount of the Bonds to be issued, the purposes | ||||||
18 | for which the proceeds of the Bonds are to be used, and the | ||||||
19 | manner in which the proceeds shall be held pending the | ||||||
20 | application thereof. The Bonds shall be issued in the corporate | ||||||
21 | name of the Panel and shall bear such date or dates and shall | ||||||
22 | mature at such time or times, not exceeding 20 years from their | ||||||
23 | date, as the resolution may provide. The Bonds may be issued as | ||||||
24 | serial bonds payable in installments, as term bonds with | ||||||
25 | sinking fund installments, or as a combination of these as the |
| |||||||
| |||||||
1 | Panel may determine in the resolution. The Bonds shall be in | ||||||
2 | such denominations as the Panel may determine. The Bonds shall | ||||||
3 | be in such form, carry such registration privileges, be | ||||||
4 | executed in such manner, be payable at such place or places, | ||||||
5 | and be subject to such terms of redemption at such redemption | ||||||
6 | prices, including premium, as the resolution may provide. The | ||||||
7 | Bonds shall be sold by the Panel at public or private sale, as | ||||||
8 | determined by the Panel. | ||||||
9 | (b) In connection with the issuance of its Bonds, the Panel | ||||||
10 | may enter into arrangements to provide additional security and | ||||||
11 | liquidity for the Bonds. These may include without limitation | ||||||
12 | municipal bond insurance, letters of credit, lines of credit by | ||||||
13 | which the Panel may borrow funds to pay or redeem its Bonds, | ||||||
14 | and purchase or remarketing arrangements for ensuring the | ||||||
15 | ability of owners of the Panel's Bonds to sell their Bonds or | ||||||
16 | to have their Bonds redeemed. The Panel may enter into | ||||||
17 | contracts and may agree to pay fees to persons providing the | ||||||
18 | arrangements, including from Bond proceeds, but only under | ||||||
19 | circumstances in which the total interest paid or to be paid on | ||||||
20 | the Bonds, together with the fees for the arrangements (being | ||||||
21 | treated as if interest), would not, taken together, cause the | ||||||
22 | Bonds to bear interest, calculated to their absolute maturity, | ||||||
23 | at a rate in excess of the maximum rate allowed by law. | ||||||
24 | The resolution of the Panel authorizing the issuance of its | ||||||
25 | Bonds may provide that interest rates may vary from time to | ||||||
26 | time depending upon criteria established by the Panel, which |
| |||||||
| |||||||
1 | may include without limitation a variation in interest rates as | ||||||
2 | may be necessary to cause the Bonds to be remarketable from | ||||||
3 | time to time at a price equal to their principal amount, and | ||||||
4 | may provide for appointment of a national banking association, | ||||||
5 | bank, trust company, investment banker, or other financial | ||||||
6 | institution to serve as a remarketing agent in that connection. | ||||||
7 | The resolution of the Panel authorizing the issuance of its | ||||||
8 | Bonds may provide that alternative interest rates or provisions | ||||||
9 | shall apply during such times as the Bonds are held by a person | ||||||
10 | providing a letter of credit or other credit enhancement | ||||||
11 | arrangement for those Bonds. | ||||||
12 | (105 ILCS 5/1H-80 new) | ||||||
13 | Sec. 1H-80. Tax levy. | ||||||
14 | (a) Before or at the time of issuing any Bonds, the Panel | ||||||
15 | shall provide by resolution for the levy and collection of a | ||||||
16 | direct annual tax upon all the taxable property located within | ||||||
17 | the district, without limit as to rate or amount, sufficient to | ||||||
18 | pay and discharge the principal thereof at maturity or on | ||||||
19 | sinking fund installment dates and to pay the interest thereon | ||||||
20 | as it falls due. The taxes as levied shall also include | ||||||
21 | additional amounts to the extent that the collections in the | ||||||
22 | prior years were insufficient to pay and discharge the | ||||||
23 | principal thereof at maturity, sinking fund installments, if | ||||||
24 | any, and interest thereon as it fell due, and the amount so | ||||||
25 | collected shall be placed in the debt service reserve fund. The |
| |||||||
| |||||||
1 | tax shall be in addition to and exclusive of the maximum of all | ||||||
2 | taxes that the Panel or the district is authorized by law to | ||||||
3 | levy for any and all school purposes. The resolution shall be | ||||||
4 | in force upon its adoption. | ||||||
5 | (b) The levy shall be for the sole benefit of the holders | ||||||
6 | of the Bonds, and the holders of the Bonds shall have a | ||||||
7 | security interest in and lien upon all rights, claims, and | ||||||
8 | interests of the Panel arising pursuant to the levy and all | ||||||
9 | present and future proceeds of the levy until the principal of | ||||||
10 | and sinking fund installments and interest on the Bonds are | ||||||
11 | paid in full. All proceeds from the levy shall be deposited by | ||||||
12 | each county collector directly into the debt service fund | ||||||
13 | established pursuant to Section 1H-85 of this Code, shall be | ||||||
14 | applied solely for the payment of principal of and sinking fund | ||||||
15 | installments and interest on the Bonds, and shall not be used | ||||||
16 | for any other purpose. | ||||||
17 | (c) Upon the filing in the office of the county clerk of | ||||||
18 | each county where the school district is located of a duly | ||||||
19 | certified copy of the resolution, it shall be the duty of each | ||||||
20 | county clerk to extend the tax provided for in the resolution, | ||||||
21 | including an amount determined by the Panel to cover loss and | ||||||
22 | cost of collection and also deferred collections and abatements | ||||||
23 | in the amount of the taxes as extended on the collectors' | ||||||
24 | books. The tax shall be separate and apart from all other taxes | ||||||
25 | of the Panel or the district and shall be separately identified | ||||||
26 | by the collectors. |
| |||||||
| |||||||
1 | (105 ILCS 5/1H-85 new) | ||||||
2 | Sec. 1H-85. Debt service fund. The Panel shall establish a | ||||||
3 | debt service fund for the Bonds, to be maintained by a paying | ||||||
4 | agent, escrow agent, depository, or corporate trustee, which | ||||||
5 | may be any trust company or bank having the power of a trust | ||||||
6 | company within this State, separate and segregated from all | ||||||
7 | other funds and accounts of the Panel and the district. All | ||||||
8 | moneys on deposit in the debt service fund shall be held in | ||||||
9 | trust in the debt service fund for the benefit of the holders | ||||||
10 | of the Bonds, shall be applied solely for the payment of the | ||||||
11 | principal of and sinking fund installment, redemption premium, | ||||||
12 | if any, and interest on the Bonds, and shall not be used for | ||||||
13 | any other purpose. The holders of the Bonds shall have a | ||||||
14 | security interest in and lien upon all such moneys. | ||||||
15 | (105 ILCS 5/1H-90 new) | ||||||
16 | Sec. 1H-90. Debt service reserve fund. | ||||||
17 | (a) The Panel may create and establish a debt service | ||||||
18 | reserve fund to be maintained by a paying agent, escrow agent, | ||||||
19 | depository, or corporate trustee, which may be any trust | ||||||
20 | company or bank having the power of a trust company within the | ||||||
21 | State, separate and segregated from all other funds and | ||||||
22 | accounts of the Panel. The Panel may pay the following into the | ||||||
23 | debt service reserve fund: | ||||||
24 | (1) any proceeds from the sale of Bonds to the extent |
| |||||||
| |||||||
1 | provided in the resolution authorizing the issuance of the | ||||||
2 | Bonds; and | ||||||
3 | (2) any other moneys that may be available to the Panel | ||||||
4 | for the purpose of the fund. | ||||||
5 | (b) The amount to be accumulated in the debt service | ||||||
6 | reserve fund shall be determined by the Panel, but shall not | ||||||
7 | exceed the maximum amount of interest, principal, and sinking | ||||||
8 | fund installments due in any succeeding calendar year. | ||||||
9 | (c) All moneys on deposit in the debt service reserve fund | ||||||
10 | shall be held in trust for the benefit of the holders of the | ||||||
11 | Bonds, shall be applied solely for the payment of principal of | ||||||
12 | and sinking fund installments and interest on the Bonds to the | ||||||
13 | extent not paid from the debt service fund, and shall not be | ||||||
14 | used for any other purpose. | ||||||
15 | (d) Any moneys in the debt service reserve fund in excess | ||||||
16 | of the amount determined by the Panel pursuant to a resolution | ||||||
17 | authorizing the issuance of Bonds may be withdrawn by the Panel | ||||||
18 | and used for any of its lawful purposes. | ||||||
19 | (e) In computing the amount of the debt service reserve | ||||||
20 | fund, investments shall be valued as the Panel provides in the | ||||||
21 | resolution authorizing the issuance of the Bonds. | ||||||
22 | (105 ILCS 5/1H-95 new) | ||||||
23 | Sec. 1H-95. Bond anticipation notes. | ||||||
24 | (a) After the issuance of Bonds has been authorized, the | ||||||
25 | Panel shall have power to issue from time to time, pursuant to |
| |||||||
| |||||||
1 | a resolution or resolutions of the Panel, negotiable bond | ||||||
2 | anticipation notes of the Panel in anticipation of the issuance | ||||||
3 | of Bonds. | ||||||
4 | (b) Bond anticipation notes shall mature not later than 2 | ||||||
5 | years after the date of issuance, may be made redeemable prior | ||||||
6 | to their maturity, and may be sold in such manner, in such | ||||||
7 | denominations, and at such price or prices and shall bear | ||||||
8 | interest at such rate or rates not to exceed the maximum annual | ||||||
9 | rate authorized by law as a resolution authorizing the issuance | ||||||
10 | of the bond anticipation notes may provide. | ||||||
11 | (c) The bond anticipation notes may be made payable as to | ||||||
12 | both principal and interest from the proceeds of the Bonds. The | ||||||
13 | Panel may provide for payment of interest on the bond | ||||||
14 | anticipation notes from direct annual taxes upon all of the | ||||||
15 | taxable property located within the district that are | ||||||
16 | authorized to be levied annually for that purpose, without | ||||||
17 | limit as to rate or amount, sufficient to pay the interest as | ||||||
18 | it falls due, in the manner, subject to the security interest | ||||||
19 | and lien, and with the effect provided in Section 1H-80 of this | ||||||
20 | Code. | ||||||
21 | (d) The Panel is authorized to issue renewal notes in the | ||||||
22 | event it is unable to issue Bonds to pay outstanding bond | ||||||
23 | anticipation notes, on terms the Panel deems reasonable. | ||||||
24 | (e) A debt service fund shall be established in the manner | ||||||
25 | provided in Section 1H-85 of this Code by the Panel for the | ||||||
26 | bond anticipation notes, and the proceeds of any tax levy made |
| |||||||
| |||||||
1 | pursuant to this Section shall be deposited into the fund upon | ||||||
2 | receipt. | ||||||
3 | (105 ILCS 5/1H-100 new) | ||||||
4 | Sec. 1H-100. Vesting powers in trustee or other authorized | ||||||
5 | agent. The resolution authorizing issuance of the Bonds shall | ||||||
6 | vest in a trustee, paying agent, escrow agent, or depository | ||||||
7 | such rights, powers, and duties in trust as the Panel may | ||||||
8 | determine and may contain such provisions for protecting and | ||||||
9 | enforcing the rights and remedies of the holders of the Bonds | ||||||
10 | and limiting such rights and remedies as may be reasonable and | ||||||
11 | proper and not in violation of law, including covenants setting | ||||||
12 | forth the duties of the Panel in relation to the exercise of | ||||||
13 | its corporate powers and the custody, safeguarding, and | ||||||
14 | application of all moneys. The resolution shall provide for the | ||||||
15 | manner in which moneys in the various funds and accounts of the | ||||||
16 | Panel may be invested and the disposition of the earnings on | ||||||
17 | the investments. | ||||||
18 | (105 ILCS 5/1H-105 new) | ||||||
19 | Sec. 1H-105. Discharge of bonds. | ||||||
20 | (a) If the Panel pays or causes to be paid to the holders | ||||||
21 | of all Bonds then outstanding the principal, redemption price, | ||||||
22 | if any, and interest to become due on the Bonds, at the times | ||||||
23 | and in the manner stipulated therein and in the resolution | ||||||
24 | authorizing the issuance of the Bonds, then the covenants, |
| |||||||
| |||||||
1 | agreements, and other obligations of the Panel to the | ||||||
2 | Bondholders shall be discharged and satisfied. | ||||||
3 | (b) Bonds or interest installments for the payment or | ||||||
4 | redemption of which moneys have been set aside and held in | ||||||
5 | trust by the trustee or other authorized agent provided for in | ||||||
6 | Section 1H-100 of this Code, through deposit by the Panel of | ||||||
7 | funds for the payment, redemption, or otherwise, at the | ||||||
8 | maturity or redemption date, are deemed to have been paid | ||||||
9 | within the meaning and with the effect expressed in subsection | ||||||
10 | (a) of this Section. All outstanding Bonds of any series, prior | ||||||
11 | to the maturity or redemption date, are deemed to have been | ||||||
12 | paid within the meaning and with the effect expressed in | ||||||
13 | subsection (a) of this Section if (1) there has been deposited | ||||||
14 | with the trustee or other authorized agent either (A) moneys in | ||||||
15 | an amount that is sufficient or (B) direct obligations of the | ||||||
16 | United States of America the principal of and the interest on | ||||||
17 | which, when due, will provide moneys that, together with the | ||||||
18 | moneys, if any, deposited with the trustee or other authorized | ||||||
19 | agent at the same time, are sufficient to pay, when due, the | ||||||
20 | principal, sinking fund installment, or redemption price, if | ||||||
21 | applicable, of and interest due and to become due on the Bonds | ||||||
22 | on and prior to the redemption date, sinking fund installment | ||||||
23 | date, or maturity date, as the case may be, and (2) the Panel | ||||||
24 | has given the trustee or other authorized agent, in form | ||||||
25 | satisfactory to it, irrevocable instructions to give notice to | ||||||
26 | the effect and in accordance with the procedures provided in |
| |||||||
| |||||||
1 | the resolution authorizing the issuance of the Bonds. Neither | ||||||
2 | direct obligations of the United States of America, moneys | ||||||
3 | deposited with the trustee or other authorized agent, or | ||||||
4 | principal or interest payments on the securities shall be | ||||||
5 | withdrawn or used for any purpose other than, and shall be held | ||||||
6 | in trust for, the payment of the principal or redemption price, | ||||||
7 | if applicable, and interest on the Bonds. | ||||||
8 | (105 ILCS 5/1H-110 new) | ||||||
9 | Sec. 1H-110. Pledge of the State. The State of Illinois | ||||||
10 | pledges to and agrees with the holders of Bonds that the State | ||||||
11 | will not limit or alter the rights and powers vested in the | ||||||
12 | Panel by this Article with respect to the issuance of | ||||||
13 | obligations so as to impair the terms of any contract made by | ||||||
14 | the Panel with these holders or in any way impair the rights | ||||||
15 | and remedies of these holders until the Bonds, together with | ||||||
16 | interest on the Bonds, interest on any unpaid installments of | ||||||
17 | interest, and all costs and expenses in connection with any | ||||||
18 | action or proceedings by or on behalf of these holders, are | ||||||
19 | fully met and discharged or provisions made for their payment. | ||||||
20 | The Panel is authorized to include this pledge and agreement of | ||||||
21 | the State in any resolution or contract with the holders of | ||||||
22 | Bonds. | ||||||
23 | (105 ILCS 5/1H-115 new) | ||||||
24 | Sec. 1H-115. Statutory lien. Any pledge, assignment, lien, |
| |||||||
| |||||||
1 | or security interest for the benefit of the holders of Bonds or | ||||||
2 | bond anticipation notes, if any, created pursuant to this | ||||||
3 | Article are valid and binding from the time the Bonds are | ||||||
4 | issued, without any physical delivery or further act, and are | ||||||
5 | valid and binding as against and prior to any claims of all | ||||||
6 | other parties having claims of any kind in tort, contract, or | ||||||
7 | otherwise against the State, the Panel, the district, or any | ||||||
8 | other person, irrespective of whether the other parties have | ||||||
9 | notice. | ||||||
10 | (105 ILCS 5/1H-120 new) | ||||||
11 | Sec. 1H-120. State or district not liable on obligations. | ||||||
12 | Obligations shall not be deemed to constitute (i) a debt or | ||||||
13 | liability of the State, the district, or any political | ||||||
14 | subdivision of the State or district other than the Panel or | ||||||
15 | (ii) a pledge of the full faith and credit of the State, the | ||||||
16 | district, or any political subdivision of the State or district | ||||||
17 | other than the Panel but shall be payable solely from the funds | ||||||
18 | and revenues provided for in this Article. The issuance of | ||||||
19 | obligations shall not directly, indirectly, or contingently | ||||||
20 | obligate the State, the district, or any political subdivision | ||||||
21 | of the State or district other than the Panel to levy any form | ||||||
22 | of taxation therefor or to make any appropriation for their | ||||||
23 | payment. Nothing in this Section shall prevent or be construed | ||||||
24 | to prevent the Panel from pledging its full faith and credit to | ||||||
25 | the payment of obligations. Nothing in this Article shall be |
| |||||||
| |||||||
1 | construed to authorize the Panel to create a debt of the State | ||||||
2 | or the district within the meaning of the Constitution or laws | ||||||
3 | of Illinois, and all obligations issued by the Panel pursuant | ||||||
4 | to the provisions of this Article are payable and shall state | ||||||
5 | that they are payable solely from the funds and revenues | ||||||
6 | pledged for their payment in accordance with the resolution | ||||||
7 | authorizing their issuance or any trust indenture executed as | ||||||
8 | security therefor. The State or the district shall not in any | ||||||
9 | event be liable for the payment of the principal of or interest | ||||||
10 | on any obligations of the Panel or for the performance of any | ||||||
11 | pledge, obligation, or agreement of any kind whatsoever that | ||||||
12 | may be undertaken by the Panel. No breach of any such pledge, | ||||||
13 | obligation, or agreement may impose any liability upon the | ||||||
14 | State or the district or any charge upon their general credit | ||||||
15 | or against their taxing power. | ||||||
16 | (105 ILCS 5/1H-125 new) | ||||||
17 | Sec. 1H-125. Obligations as legal investments. The | ||||||
18 | obligations issued under the provisions of this Article are | ||||||
19 | hereby made securities in which all public officers and bodies | ||||||
20 | of this State, all political subdivisions of this State, all | ||||||
21 | persons carrying on an insurance business, all banks, bankers, | ||||||
22 | trust companies, savings banks, and savings associations | ||||||
23 | (including savings and loan associations, building and loan | ||||||
24 | associations, investment companies, and other persons carrying | ||||||
25 | on a banking business), and all credit unions, pension funds, |
| |||||||
| |||||||
1 | administrators, and guardians who are or may be authorized to | ||||||
2 | invest in bonds or in other obligations of the State may | ||||||
3 | properly and legally invest funds, including capital, in their | ||||||
4 | control or belonging to them. The obligations are also hereby | ||||||
5 | made securities that may be deposited with and may be received | ||||||
6 | by all public officers and bodies of the State, all political | ||||||
7 | subdivisions of the State, and public corporations for any | ||||||
8 | purpose for which the deposit of bonds or other obligations of | ||||||
9 | the State is authorized. | ||||||
10 | (105 ILCS 5/1H-130 new) | ||||||
11 | Sec. 1H-130. Complete authority. This Article, without | ||||||
12 | reference to any other law, shall be deemed full and complete | ||||||
13 | authority for the issuance of Bonds and bond anticipation notes | ||||||
14 | as provided in this Article. | ||||||
15 | (105 ILCS 5/1H-135 new) | ||||||
16 | Sec. 1H-135. Tax anticipation warrants. A Panel shall have | ||||||
17 | the same power to issue tax anticipation warrants as a school | ||||||
18 | board under Section 17-16 of this Code. Tax anticipation | ||||||
19 | warrants are considered borrowing from sources other than the | ||||||
20 | State and are subject to Section 1H-65 of this Code. | ||||||
21 | (105 ILCS 5/1H-140 new) | ||||||
22 | Sec. 1H-140. Reports. | ||||||
23 | (a) The Panel, upon taking office and annually thereafter, |
| |||||||
| |||||||
1 | shall prepare and submit to the Governor, General Assembly, and | ||||||
2 | State Superintendent a report that includes the audited | ||||||
3 | financial statement for the preceding fiscal year, an approved | ||||||
4 | financial plan, and a statement of the major steps necessary to | ||||||
5 | accomplish the objectives of the financial plan. | ||||||
6 | (b) Annual reports must be submitted on or before March 1 | ||||||
7 | of each year. | ||||||
8 | (c) The requirement for reporting to the General Assembly | ||||||
9 | shall be satisfied by filing copies of the report as provided | ||||||
10 | in Section 3.1 of the General Assembly Organization Act and by | ||||||
11 | filing additional copies with the State Government Report | ||||||
12 | Distribution Center for the General Assembly as required under | ||||||
13 | subdivision (t) of Section 7 of the State Library Act. | ||||||
14 | (105 ILCS 5/1H-145 new) | ||||||
15 | Sec. 1H-145. Audit of Panel. The Panel shall be subject to | ||||||
16 | audit in the manner provided for the audit of State funds and | ||||||
17 | accounts. A copy of the audit report shall be submitted to the | ||||||
18 | State Superintendent, the Governor, the Speaker and Minority | ||||||
19 | Leader of the House of Representatives, and the President and | ||||||
20 | Minority Leader of the Senate. | ||||||
21 | (105 ILCS 5/1H-150 new) | ||||||
22 | Sec. 1H-150. Assistance by State agencies, units of local | ||||||
23 | government, and school districts. The district shall render | ||||||
24 | such services to and permit the use of its facilities and |
| |||||||
| |||||||
1 | resources by the Panel at no charge as may be requested by the | ||||||
2 | Panel. Any State agency, unit of local government, or school | ||||||
3 | district may, within its lawful powers and duties, render such | ||||||
4 | services to the Panel as may be requested by the Panel. Upon | ||||||
5 | request of the Panel, any State agency, unit of local | ||||||
6 | government, or school district is authorized and empowered to | ||||||
7 | loan to the Panel such officers and employees as the Panel may | ||||||
8 | deem necessary in carrying out its functions and duties. | ||||||
9 | Officers and employees so transferred shall not lose or forfeit | ||||||
10 | their employment status or rights. | ||||||
11 | (105 ILCS 5/1H-155 new) | ||||||
12 | Sec. 1H-155. Property of Panel exempt from taxation. The | ||||||
13 | property of the Panel is exempt from taxation. | ||||||
14 | (105 ILCS 5/1H-160 new) | ||||||
15 | Sec. 1H-160. Sanctions. | ||||||
16 | (a) No member, officer, employee, or agent of the district | ||||||
17 | may commit the district to any contract or other obligation or | ||||||
18 | incur any liability on behalf of the district for any purpose | ||||||
19 | if the amount of the contract, obligation, or liability is in | ||||||
20 | excess of the amount authorized for that purpose then available | ||||||
21 | under the financial plan and budget then in effect. | ||||||
22 | (b) No member, officer, employee, or agent of the district | ||||||
23 | may commit the district to any contract or other obligation on | ||||||
24 | behalf of the district for the payment of money for any purpose |
| |||||||
| |||||||
1 | required to be approved by the Panel unless the contract or | ||||||
2 | other obligation has been approved by the Panel. | ||||||
3 | (c) No member, officer, employee, or agent of the district | ||||||
4 | may take any action in violation of any valid order of the | ||||||
5 | Panel, may fail or refuse to take any action required by any | ||||||
6 | such order, may prepare, present, certify, or report any | ||||||
7 | information, including any projections or estimates, for the | ||||||
8 | Panel or any of its agents that is false or misleading, or, | ||||||
9 | upon learning that any such information is false or misleading, | ||||||
10 | may fail promptly to advise the Panel or its agents. | ||||||
11 | (d) In addition to any penalty or liability under any other | ||||||
12 | law, any member, officer, employee, or agent of the district | ||||||
13 | who violates subsection (a), (b), or (c) of this Section is | ||||||
14 | subject to appropriate administrative discipline as may be | ||||||
15 | imposed by the Panel, including, if warranted, suspension from | ||||||
16 | duty without pay, removal from office, or termination of | ||||||
17 | employment. | ||||||
18 | (105 ILCS 5/1H-165 new) | ||||||
19 | Sec. 1H-165. Abolition of Panel. The Panel shall be | ||||||
20 | abolished 10 years after its creation or one year after all its | ||||||
21 | obligations issued under the provisions of this Article have | ||||||
22 | been fully paid and discharged, whichever comes later. However, | ||||||
23 | the State Board, upon recommendation of the Panel and if no | ||||||
24 | obligations are outstanding, may abolish the Panel at any time | ||||||
25 | after the Panel has been in existence for 3 years. Upon the |
| |||||||
| |||||||
1 | abolition of the Panel, all of its records shall be transferred | ||||||
2 | to the State Board and any property of the Panel shall pass to | ||||||
3 | and be vested in the State Board. | ||||||
4 | (105 ILCS 5/1H-170 new) | ||||||
5 | Sec. 1H-170. Limitations of actions after abolition; | ||||||
6 | indemnification; legal representation. | ||||||
7 | (a) Abolition of the Panel pursuant to Section 1H-165 of | ||||||
8 | this Code shall bar any remedy available against the Panel, its | ||||||
9 | members, employees, or agents for any right or claim existing | ||||||
10 | or any liability incurred prior to the abolition, unless the | ||||||
11 | action or other proceeding is commenced prior to the expiration | ||||||
12 | of 2 years after the date of the abolition. | ||||||
13 | (b) The Panel may indemnify any member, officer, employee, | ||||||
14 | or agent who was or is a party or is threatened to be made a | ||||||
15 | party to any threatened, pending, or completed action, suit, or | ||||||
16 | proceeding, whether civil, criminal, administrative, or | ||||||
17 | investigative, by reason of the fact that he or she was a | ||||||
18 | member, officer, employee, or agent of the Panel, against | ||||||
19 | expenses (including attorney's fees, judgments, fines, and | ||||||
20 | amounts paid in settlement actually and reasonably incurred by | ||||||
21 | him or her in connection with the action, suit, or proceeding) | ||||||
22 | if he or she acted in good faith and in a manner that he or she | ||||||
23 | reasonably believed to be in or not opposed to the best | ||||||
24 | interests of the Panel and, with respect to any criminal action | ||||||
25 | or proceeding, had no reasonable cause to believe his or her |
| |||||||
| |||||||
1 | conduct was unlawful. The termination of any action, suit, or | ||||||
2 | proceeding by judgment, order, settlement, or conviction or | ||||||
3 | upon a plea of nolo contendere or its equivalent, shall not, of | ||||||
4 | itself, create a presumption that the person did not act in | ||||||
5 | good faith in a manner that he or she reasonably believed to be | ||||||
6 | in or not opposed to the best interests of the Panel and, with | ||||||
7 | respect to any criminal action or proceeding, had reasonable | ||||||
8 | cause to believe that his or her conduct was unlawful. | ||||||
9 | To the extent that a member, officer, employee, or agent of | ||||||
10 | the Panel has been successful, on the merits or otherwise, in | ||||||
11 | the defense of any such action, suit, or proceeding referred to | ||||||
12 | in this subsection (b) or in defense of any claim, issue, or | ||||||
13 | matter therein, he or she shall be indemnified against | ||||||
14 | expenses, including attorney's fees, actually and reasonably | ||||||
15 | incurred by him or her in connection therewith. Any such | ||||||
16 | indemnification shall be made by the Panel only as authorized | ||||||
17 | in the specific case, upon a determination that indemnification | ||||||
18 | of the member, officer, employee, or agent is proper in the | ||||||
19 | circumstances because he or she has met the applicable standard | ||||||
20 | of conduct. The determination shall be made (i) by the Panel by | ||||||
21 | a majority vote of a quorum consisting of members who are not | ||||||
22 | parties to the action, suit, or proceeding or (ii) if such a | ||||||
23 | quorum is not obtainable or, even if obtainable, a quorum of | ||||||
24 | disinterested members so directs, by independent legal counsel | ||||||
25 | in a written opinion. | ||||||
26 | Reasonable expenses incurred in defending an action, suit, |
| |||||||
| |||||||
1 | or proceeding shall be paid by the Panel in advance of the | ||||||
2 | final disposition of the action, suit, or proceeding, as | ||||||
3 | authorized by the Panel in the specific case, upon receipt of | ||||||
4 | an undertaking by or on behalf of the member, officer, | ||||||
5 | employee, or agent to repay the amount, unless it is ultimately | ||||||
6 | determined that he or she is entitled to be indemnified by the | ||||||
7 | Panel as authorized in this Section. | ||||||
8 | Any member, officer, employee, or agent against whom any | ||||||
9 | action, suit, or proceeding is brought may employ his or her | ||||||
10 | own attorney to appear on his or her behalf. | ||||||
11 | The right to indemnification accorded by this Section shall | ||||||
12 | not limit any other right to indemnification to which the | ||||||
13 | member, officer, employee, or agent may be entitled. Any rights | ||||||
14 | under this Section shall inure to the benefit of the heirs, | ||||||
15 | executors, and administrators of any member, officer, | ||||||
16 | employee, or agent of the Panel. | ||||||
17 | The Panel may purchase and maintain insurance on behalf of | ||||||
18 | any person who is or was a member, officer, employee, or agent | ||||||
19 | of the Panel against any liability asserted against him or her | ||||||
20 | and incurred by him or her in any such capacity or arising out | ||||||
21 | of his or her status as such, whether or not the Panel would | ||||||
22 | have the power to indemnify him or her against liability under | ||||||
23 | the provisions of this Section. | ||||||
24 | The Panel shall be considered a State agency for purposes | ||||||
25 | of receiving representation by the Attorney General. Members, | ||||||
26 | officers, employees, and agents of the Panel shall be entitled |
| |||||||
| |||||||
1 | to representation and indemnification under the State Employee | ||||||
2 | Indemnification Act.
| ||||||
3 | (105 ILCS 5/17-11.2)
| ||||||
4 | Sec. 17-11.2. School Finance Authority and Financial | ||||||
5 | Oversight Panel levies.
Notwithstanding any other law to the | ||||||
6 | contrary, any levy
adopted by a School Finance Authority | ||||||
7 | created under Article 1F of this
Code or a Financial Oversight | ||||||
8 | Panel created under Article 1H of this Code is valid and shall | ||||||
9 | be extended by the county clerk if it is certified to
the | ||||||
10 | county clerk by the Authority or Panel in sufficient time to | ||||||
11 | allow the county
clerk to include the levy in the extension for | ||||||
12 | the taxable year.
| ||||||
13 | (Source: P.A. 92-855, eff. 12-6-02.)
| ||||||
14 | Section 20. The Illinois Educational Labor Relations Act is | ||||||
15 | amended by changing Section 2 as follows:
| ||||||
16 | (115 ILCS 5/2) (from Ch. 48, par. 1702)
| ||||||
17 | Sec. 2. Definitions. As used in this Act:
| ||||||
18 | (a) "Educational employer"
or "employer" means the | ||||||
19 | governing body of a public school district, combination
of | ||||||
20 | public school districts, including the governing body of joint | ||||||
21 | agreements
of any type formed by 2 or more school districts, | ||||||
22 | public community college
district or State college or | ||||||
23 | university, and any State agency whose major
function is |
| |||||||
| |||||||
1 | providing educational services.
"Educational employer" or | ||||||
2 | "employer" does not include a Financial Oversight
Panel created | ||||||
3 | pursuant to Section 1A-8 of the School Code due to a
district
| ||||||
4 | violating a financial plan but does include a School Finance | ||||||
5 | Authority
created
under Article 1E or 1F of the School Code and | ||||||
6 | a Financial Oversight Panel created under Article 1H of the | ||||||
7 | School Code .
| ||||||
8 | (b) "Educational employee" or "employee" means any | ||||||
9 | individual, excluding
supervisors, managerial, confidential, | ||||||
10 | short term employees, student, and
part-time academic | ||||||
11 | employees of community colleges employed full or part
time by | ||||||
12 | an educational employer, but shall not include elected | ||||||
13 | officials
and appointees of the Governor with the advice and | ||||||
14 | consent of the Senate,
firefighters as defined by subsection | ||||||
15 | (g-1) of Section 3 of the Illinois
Public Labor Relations Act, | ||||||
16 | and peace officers employed by a State
university. For the | ||||||
17 | purposes of this Act, part-time
academic employees of community | ||||||
18 | colleges shall be defined as those
employees who provide less | ||||||
19 | than 3 credit hours of instruction per
academic
semester. In | ||||||
20 | this subsection (b), the term "student"
includes graduate | ||||||
21 | students who are research assistants primarily
performing | ||||||
22 | duties that involve research or graduate assistants primarily
| ||||||
23 | performing duties that are pre-professional, but excludes | ||||||
24 | graduate
students who are teaching assistants primarily | ||||||
25 | performing duties that
involve the delivery and support of | ||||||
26 | instruction and all other graduate
assistants.
|
| |||||||
| |||||||
1 | (c) "Employee organization" or "labor organization" means | ||||||
2 | an organization
of any kind in which membership includes | ||||||
3 | educational employees, and which
exists for the purpose, in | ||||||
4 | whole or in part, of dealing with employers
concerning | ||||||
5 | grievances, employee-employer disputes, wages, rates of pay,
| ||||||
6 | hours of employment, or conditions of work, but shall not | ||||||
7 | include any
organization which practices discrimination in | ||||||
8 | membership because of race,
color, creed, age, gender, national | ||||||
9 | origin or political affiliation.
| ||||||
10 | (d) "Exclusive representative" means the labor | ||||||
11 | organization which has
been designated by the Illinois | ||||||
12 | Educational Labor Relations Board as the
representative of the | ||||||
13 | majority of educational employees in an appropriate
unit, or | ||||||
14 | recognized by an educational employer prior to January 1, 1984 | ||||||
15 | as
the exclusive representative of the employees in an | ||||||
16 | appropriate unit or,
after January 1, 1984, recognized by an | ||||||
17 | employer upon evidence that the
employee organization has been | ||||||
18 | designated as the exclusive representative
by a majority of the | ||||||
19 | employees in an appropriate unit.
| ||||||
20 | (e) "Board" means the Illinois Educational Labor Relations | ||||||
21 | Board.
| ||||||
22 | (f) "Regional Superintendent" means the regional | ||||||
23 | superintendent of
schools provided for in Articles 3 and 3A of | ||||||
24 | The School Code.
| ||||||
25 | (g) "Supervisor" means any individual having authority in | ||||||
26 | the interests
of the employer to hire, transfer, suspend, lay |
| |||||||
| |||||||
1 | off, recall, promote,
discharge, reward or discipline other | ||||||
2 | employees within the appropriate
bargaining unit and adjust | ||||||
3 | their grievances, or to effectively recommend
such action if | ||||||
4 | the exercise of such authority is not of a merely routine or
| ||||||
5 | clerical nature but requires the use of independent judgment. | ||||||
6 | The term
"supervisor" includes only those individuals who | ||||||
7 | devote a preponderance of
their employment time to such | ||||||
8 | exercising authority.
| ||||||
9 | (h) "Unfair labor practice" or "unfair practice" means any | ||||||
10 | practice
prohibited by Section 14 of this Act.
| ||||||
11 | (i) "Person" includes an individual, educational employee, | ||||||
12 | educational
employer, legal representative, or employee | ||||||
13 | organization.
| ||||||
14 | (j) "Wages" means salaries or other forms of compensation | ||||||
15 | for services
rendered.
| ||||||
16 | (k) "Professional employee" means, in the case of a public | ||||||
17 | community
college, State college or university, State agency | ||||||
18 | whose major function is
providing educational services, the | ||||||
19 | Illinois School for the Deaf, and the
Illinois School for the | ||||||
20 | Visually Impaired, (1) any employee engaged in work
(i) | ||||||
21 | predominantly intellectual and varied in character as opposed | ||||||
22 | to
routine mental, manual, mechanical, or physical work; (ii) | ||||||
23 | involving the
consistent exercise of discretion and judgment in | ||||||
24 | its performance; (iii) of
such character that the output | ||||||
25 | produced or the result accomplished cannot
be standardized in | ||||||
26 | relation to a given period of time; and (iv) requiring
|
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1 | knowledge of an advanced type in a field of science or learning | ||||||
2 | customarily
acquired by a prolonged course of specialized | ||||||
3 | intellectual instruction and
study in an institution of higher | ||||||
4 | learning or a hospital, as distinguished
from a general | ||||||
5 | academic education or from an apprenticeship or from training
| ||||||
6 | in the performance of routine mental, manual, or physical | ||||||
7 | processes; or
(2) any employee, who (i) has completed the | ||||||
8 | courses of specialized
intellectual instruction and study | ||||||
9 | described in clause (iv) of paragraph
(1) of this subsection, | ||||||
10 | and (ii) is performing related work under the
supervision of a | ||||||
11 | professional person to qualify himself or herself to
become a | ||||||
12 | professional as defined in paragraph (l).
| ||||||
13 | (l) "Professional employee" means, in the case of any | ||||||
14 | public school
district, or combination of school districts | ||||||
15 | pursuant to joint agreement,
any employee who has a certificate | ||||||
16 | issued under Article 21 or Section 34-83
of the School Code, as | ||||||
17 | now or hereafter amended.
| ||||||
18 | (m) "Unit" or "bargaining unit" means any group of | ||||||
19 | employees for which
an exclusive representative is selected.
| ||||||
20 | (n) "Confidential employee" means an employee, who (i) in | ||||||
21 | the regular
course of his or her duties, assists and acts in a | ||||||
22 | confidential capacity to
persons who formulate, determine and | ||||||
23 | effectuate management policies with
regard to labor relations | ||||||
24 | or who (ii) in the regular course of his or her
duties has | ||||||
25 | access to information relating to the effectuation or review of
| ||||||
26 | the employer's collective bargaining policies.
|
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| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
1 | (o) "Managerial employee" means an individual who is | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
2 | engaged
predominantly in executive and management functions | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
3 | and is charged with the
responsibility of directing the | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
4 | effectuation of such management policies and
practices.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
5 | (p) "Craft employee" means a skilled journeyman, craft | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
6 | person, and his
or her apprentice or helper.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
7 | (q) "Short-term employee" is an employee who is employed | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
8 | for less than
2 consecutive calendar quarters during a calendar | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
9 | year and who does not
have a reasonable expectation that he or | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
10 | she will be rehired by the same
employer for the same service | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
11 | in a subsequent calendar year. Nothing in
this subsection shall | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
12 | affect the employee status of individuals who were
covered by a | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
13 | collective bargaining agreement on the effective date of this
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
14 | amendatory Act of 1991.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
15 | (Source: P.A. 92-547, eff. 6-13-02; 92-748, eff. 1-1-03; | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
16 | 93-314, eff. 1-1-04;
93-501, eff. 8-11-03; 93-1044, eff. | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
17 | 10-14-04; revised 10-25-04.)
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
18 | Section 99. Effective date. This Act takes effect upon | |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
19 | becoming law.
| |||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||
| ||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||||