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HB2619 Engrossed |
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LRB096 10393 NHT 20563 b |
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| AN ACT concerning education.
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| Be it enacted by the People of the State of Illinois,
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| represented in the General Assembly:
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| Section 3. The Property Tax Code is amended by changing |
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| Section 18-185 as follows: |
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| (35 ILCS 200/18-185)
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| Sec. 18-185. Short title; definitions. This Division 5 may |
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| be cited as the
Property Tax Extension Limitation Law. As used |
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| in this Division 5:
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| "Consumer Price Index" means the Consumer Price Index for |
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| All Urban
Consumers for all items published by the United |
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| States Department of Labor.
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| "Extension limitation" means (a) the lesser of 5% or the |
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| percentage increase
in the Consumer Price Index during the |
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| 12-month calendar year preceding the
levy year or (b) the rate |
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| of increase approved by voters under Section 18-205.
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| "Affected county" means a county of 3,000,000 or more |
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| inhabitants or a
county contiguous to a county of 3,000,000 or |
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| more inhabitants.
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| "Taxing district" has the same meaning provided in Section |
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| 1-150, except as
otherwise provided in this Section. For the |
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| 1991 through 1994 levy years only,
"taxing district" includes |
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| only each non-home rule taxing district having the
majority of |
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HB2619 Engrossed |
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LRB096 10393 NHT 20563 b |
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| its
1990 equalized assessed value within any county or counties |
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| contiguous to a
county with 3,000,000 or more inhabitants. |
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| Beginning with the 1995 levy
year, "taxing district" includes |
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| only each non-home rule taxing district
subject to this Law |
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| before the 1995 levy year and each non-home rule
taxing |
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| district not subject to this Law before the 1995 levy year |
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| having the
majority of its 1994 equalized assessed value in an |
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| affected county or
counties. Beginning with the levy year in
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| which this Law becomes applicable to a taxing district as
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| provided in Section 18-213, "taxing district" also includes |
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| those taxing
districts made subject to this Law as provided in |
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| Section 18-213.
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| "Aggregate extension" for taxing districts to which this |
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| Law applied before
the 1995 levy year means the annual |
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| corporate extension for the taxing
district and those special |
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| purpose extensions that are made annually for
the taxing |
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| district, excluding special purpose extensions: (a) made for |
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| the
taxing district to pay interest or principal on general |
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| obligation bonds
that were approved by referendum; (b) made for |
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| any taxing district to pay
interest or principal on general |
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| obligation bonds issued before October 1,
1991; (c) made for |
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| any taxing district to pay interest or principal on bonds
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| issued to refund or continue to refund those bonds issued |
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| before October 1,
1991; (d)
made for any taxing district to pay |
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| interest or principal on bonds
issued to refund or continue to |
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| refund bonds issued after October 1, 1991 that
were approved by |
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HB2619 Engrossed |
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LRB096 10393 NHT 20563 b |
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| referendum; (e)
made for any taxing district to pay interest
or |
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| principal on revenue bonds issued before October 1, 1991 for |
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| payment of
which a property tax levy or the full faith and |
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| credit of the unit of local
government is pledged; however, a |
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| tax for the payment of interest or principal
on those bonds |
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| shall be made only after the governing body of the unit of |
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| local
government finds that all other sources for payment are |
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| insufficient to make
those payments; (f) made for payments |
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| under a building commission lease when
the lease payments are |
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| for the retirement of bonds issued by the commission
before |
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| October 1, 1991, to pay for the building project; (g) made for |
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| payments
due under installment contracts entered into before |
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| October 1, 1991;
(h) made for payments of principal and |
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| interest on bonds issued under the
Metropolitan Water |
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| Reclamation District Act to finance construction projects
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| initiated before October 1, 1991; (i) made for payments of |
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| principal and
interest on limited bonds, as defined in Section |
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| 3 of the Local Government Debt
Reform Act, in an amount not to |
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| exceed the debt service extension base less
the amount in items |
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| (b), (c), (e), and (h) of this definition for
non-referendum |
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| obligations, except obligations initially issued pursuant to
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| referendum; (j) made for payments of principal and interest on |
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| bonds
issued under Section 15 of the Local Government Debt |
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| Reform Act; (k)
made
by a school district that participates in |
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| the Special Education District of
Lake County, created by |
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| special education joint agreement under Section
10-22.31 of the |
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HB2619 Engrossed |
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LRB096 10393 NHT 20563 b |
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| School Code, for payment of the school district's share of the
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| amounts required to be contributed by the Special Education |
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| District of Lake
County to the Illinois Municipal Retirement |
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| Fund under Article 7 of the
Illinois Pension Code; the amount |
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| of any extension under this item (k) shall be
certified by the |
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| school district to the county clerk; (l) made to fund
expenses |
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| of providing joint recreational programs for the handicapped |
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| under
Section 5-8 of
the
Park District Code or Section 11-95-14 |
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| of the Illinois Municipal Code; (m) made for temporary |
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| relocation loan repayment purposes pursuant to Sections 2-3.77 |
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| and 17-2.2d of the School Code; (n) made for payment of |
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| principal and interest on any bonds issued under the authority |
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| of Section 17-2.2d of the School Code; and (o) made for |
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| contributions to a firefighter's pension fund created under |
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| Article 4 of the Illinois Pension Code, to the extent of the |
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| amount certified under item (5) of Section 4-134 of the |
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| Illinois Pension Code.
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| "Aggregate extension" for the taxing districts to which |
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| this Law did not
apply before the 1995 levy year (except taxing |
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| districts subject to this Law
in
accordance with Section |
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| 18-213) means the annual corporate extension for the
taxing |
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| district and those special purpose extensions that are made |
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| annually for
the taxing district, excluding special purpose |
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| extensions: (a) made for the
taxing district to pay interest or |
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| principal on general obligation bonds that
were approved by |
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| referendum; (b) made for any taxing district to pay interest
or |
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HB2619 Engrossed |
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LRB096 10393 NHT 20563 b |
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| principal on general obligation bonds issued before March 1, |
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| 1995; (c) made
for any taxing district to pay interest or |
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| principal on bonds issued to refund
or continue to refund those |
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| bonds issued before March 1, 1995; (d) made for any
taxing |
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| district to pay interest or principal on bonds issued to refund |
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| or
continue to refund bonds issued after March 1, 1995 that |
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| were approved by
referendum; (e) made for any taxing district |
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| to pay interest or principal on
revenue bonds issued before |
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| March 1, 1995 for payment of which a property tax
levy or the |
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| full faith and credit of the unit of local government is |
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| pledged;
however, a tax for the payment of interest or |
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| principal on those bonds shall be
made only after the governing |
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| body of the unit of local government finds that
all other |
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| sources for payment are insufficient to make those payments; |
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| (f) made
for payments under a building commission lease when |
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| the lease payments are for
the retirement of bonds issued by |
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| the commission before March 1, 1995 to
pay for the building |
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| project; (g) made for payments due under installment
contracts |
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| entered into before March 1, 1995; (h) made for payments of
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| principal and interest on bonds issued under the Metropolitan |
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| Water Reclamation
District Act to finance construction |
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| projects initiated before October 1,
1991; (h-4) made for |
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| stormwater management purposes by the Metropolitan Water |
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| Reclamation District of Greater Chicago under Section 12 of the |
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| Metropolitan Water Reclamation District Act; (i) made for |
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| payments of principal and interest on limited bonds,
as defined |
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HB2619 Engrossed |
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LRB096 10393 NHT 20563 b |
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| in Section 3 of the Local Government Debt Reform Act, in an |
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| amount
not to exceed the debt service extension base less the |
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| amount in items (b),
(c), and (e) of this definition for |
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| non-referendum obligations, except
obligations initially |
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| issued pursuant to referendum and bonds described in
subsection |
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| (h) of this definition; (j) made for payments of
principal and |
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| interest on bonds issued under Section 15 of the Local |
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| Government
Debt Reform Act; (k) made for payments of principal |
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| and interest on bonds
authorized by Public Act 88-503 and |
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| issued under Section 20a of the Chicago
Park District Act for |
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| aquarium or
museum projects; (l) made for payments of principal |
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| and interest on
bonds
authorized by Public Act 87-1191 or |
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| 93-601 and (i) issued pursuant to Section 21.2 of the Cook |
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| County Forest
Preserve District Act, (ii) issued under Section |
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| 42 of the Cook County
Forest Preserve District Act for |
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| zoological park projects, or (iii) issued
under Section 44.1 of |
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| the Cook County Forest Preserve District Act for
botanical |
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| gardens projects; (m) made
pursuant
to Section 34-53.5 of the |
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| School Code, whether levied annually or not;
(n) made to fund |
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| expenses of providing joint recreational programs for the
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| handicapped under Section 5-8 of the Park
District Code or |
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| Section 11-95-14 of the Illinois Municipal Code;
(o) made by |
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| the
Chicago Park
District for recreational programs for the |
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| handicapped under subsection (c) of
Section
7.06 of the Chicago |
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| Park District Act; (p) made for contributions to a |
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| firefighter's pension fund created under Article 4 of the |
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HB2619 Engrossed |
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LRB096 10393 NHT 20563 b |
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| Illinois Pension Code, to the extent of the amount certified |
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| under item (5) of Section 4-134 of the Illinois Pension Code; |
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| and (q) made by Ford Heights School District 169 under Section |
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| 17-9.02 of the School Code.
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| "Aggregate extension" for all taxing districts to which |
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| this Law applies in
accordance with Section 18-213, except for |
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| those taxing districts subject to
paragraph (2) of subsection |
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| (e) of Section 18-213, means the annual corporate
extension for |
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| the
taxing district and those special purpose extensions that |
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| are made annually for
the taxing district, excluding special |
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| purpose extensions: (a) made for the
taxing district to pay |
12 |
| interest or principal on general obligation bonds that
were |
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| approved by referendum; (b) made for any taxing district to pay |
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| interest
or principal on general obligation bonds issued before |
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| the date on which the
referendum making this
Law applicable to |
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| the taxing district is held; (c) made
for any taxing district |
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| to pay interest or principal on bonds issued to refund
or |
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| continue to refund those bonds issued before the date on which |
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| the
referendum making this Law
applicable to the taxing |
20 |
| district is held;
(d) made for any
taxing district to pay |
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| interest or principal on bonds issued to refund or
continue to |
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| refund bonds issued after the date on which the referendum |
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| making
this Law
applicable to the taxing district is held if |
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| the bonds were approved by
referendum after the date on which |
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| the referendum making this Law
applicable to the taxing |
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| district is held; (e) made for any
taxing district to pay |
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HB2619 Engrossed |
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LRB096 10393 NHT 20563 b |
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| interest or principal on
revenue bonds issued before the date |
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| on which the referendum making this Law
applicable to the
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| taxing district is held for payment of which a property tax
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| levy or the full faith and credit of the unit of local |
5 |
| government is pledged;
however, a tax for the payment of |
6 |
| interest or principal on those bonds shall be
made only after |
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| the governing body of the unit of local government finds that
|
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| all other sources for payment are insufficient to make those |
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| payments; (f) made
for payments under a building commission |
10 |
| lease when the lease payments are for
the retirement of bonds |
11 |
| issued by the commission before the date on which the
|
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| referendum making this
Law applicable to the taxing district is |
13 |
| held to
pay for the building project; (g) made for payments due |
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| under installment
contracts entered into before the date on |
15 |
| which the referendum making this Law
applicable to
the taxing |
16 |
| district is held;
(h) made for payments
of principal and |
17 |
| interest on limited bonds,
as defined in Section 3 of the Local |
18 |
| Government Debt Reform Act, in an amount
not to exceed the debt |
19 |
| service extension base less the amount in items (b),
(c), and |
20 |
| (e) of this definition for non-referendum obligations, except
|
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| obligations initially issued pursuant to referendum; (i) made |
22 |
| for payments
of
principal and interest on bonds issued under |
23 |
| Section 15 of the Local Government
Debt Reform Act;
(j)
made |
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| for a qualified airport authority to pay interest or principal |
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| on
general obligation bonds issued for the purpose of paying |
26 |
| obligations due
under, or financing airport facilities |
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HB2619 Engrossed |
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LRB096 10393 NHT 20563 b |
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| required to be acquired, constructed,
installed or equipped |
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| pursuant to, contracts entered into before March
1, 1996 (but |
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| not including any amendments to such a contract taking effect |
4 |
| on
or after that date); (k) made to fund expenses of providing |
5 |
| joint
recreational programs for the handicapped under Section |
6 |
| 5-8 of
the
Park District Code or Section 11-95-14 of the |
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| Illinois Municipal Code; and (l) made for contributions to a |
8 |
| firefighter's pension fund created under Article 4 of the |
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| Illinois Pension Code, to the extent of the amount certified |
10 |
| under item (5) of Section 4-134 of the Illinois Pension Code ; |
11 |
| and (m) made for the taxing district to pay interest or |
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| principal on general obligation bonds issued pursuant to |
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| Section 19-3.10 of the School Code .
|
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| "Aggregate extension" for all taxing districts to which |
15 |
| this Law applies in
accordance with paragraph (2) of subsection |
16 |
| (e) of Section 18-213 means the
annual corporate extension for |
17 |
| the
taxing district and those special purpose extensions that |
18 |
| are made annually for
the taxing district, excluding special |
19 |
| purpose extensions: (a) made for the
taxing district to pay |
20 |
| interest or principal on general obligation bonds that
were |
21 |
| approved by referendum; (b) made for any taxing district to pay |
22 |
| interest
or principal on general obligation bonds issued before |
23 |
| the effective date of
this amendatory Act of 1997;
(c) made
for |
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| any taxing district to pay interest or principal on bonds |
25 |
| issued to refund
or continue to refund those bonds issued |
26 |
| before the effective date
of this amendatory Act of 1997;
(d) |
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HB2619 Engrossed |
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LRB096 10393 NHT 20563 b |
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| made for any
taxing district to pay interest or principal on |
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| bonds issued to refund or
continue to refund bonds issued after |
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| the effective date of this amendatory Act
of 1997 if the bonds |
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| were approved by referendum after the effective date of
this |
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| amendatory Act of 1997;
(e) made for any
taxing district to pay |
6 |
| interest or principal on
revenue bonds issued before the |
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| effective date of this amendatory Act of 1997
for payment of |
8 |
| which a property tax
levy or the full faith and credit of the |
9 |
| unit of local government is pledged;
however, a tax for the |
10 |
| payment of interest or principal on those bonds shall be
made |
11 |
| only after the governing body of the unit of local government |
12 |
| finds that
all other sources for payment are insufficient to |
13 |
| make those payments; (f) made
for payments under a building |
14 |
| commission lease when the lease payments are for
the retirement |
15 |
| of bonds issued by the commission before the effective date
of |
16 |
| this amendatory Act of 1997
to
pay for the building project; |
17 |
| (g) made for payments due under installment
contracts entered |
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| into before the effective date of this amendatory Act of
1997;
|
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| (h) made for payments
of principal and interest on limited |
20 |
| bonds,
as defined in Section 3 of the Local Government Debt |
21 |
| Reform Act, in an amount
not to exceed the debt service |
22 |
| extension base less the amount in items (b),
(c), and (e) of |
23 |
| this definition for non-referendum obligations, except
|
24 |
| obligations initially issued pursuant to referendum; (i) made |
25 |
| for payments
of
principal and interest on bonds issued under |
26 |
| Section 15 of the Local Government
Debt Reform Act;
(j)
made |
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HB2619 Engrossed |
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LRB096 10393 NHT 20563 b |
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| for a qualified airport authority to pay interest or principal |
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| on
general obligation bonds issued for the purpose of paying |
3 |
| obligations due
under, or financing airport facilities |
4 |
| required to be acquired, constructed,
installed or equipped |
5 |
| pursuant to, contracts entered into before March
1, 1996 (but |
6 |
| not including any amendments to such a contract taking effect |
7 |
| on
or after that date); (k) made to fund expenses of providing |
8 |
| joint
recreational programs for the handicapped under Section |
9 |
| 5-8 of
the
Park District Code or Section 11-95-14 of the |
10 |
| Illinois Municipal Code; and (l) made for contributions to a |
11 |
| firefighter's pension fund created under Article 4 of the |
12 |
| Illinois Pension Code, to the extent of the amount certified |
13 |
| under item (5) of Section 4-134 of the Illinois Pension Code.
|
14 |
| "Debt service extension base" means an amount equal to that |
15 |
| portion of the
extension for a taxing district for the 1994 |
16 |
| levy year, or for those taxing
districts subject to this Law in |
17 |
| accordance with Section 18-213, except for
those subject to |
18 |
| paragraph (2) of subsection (e) of Section 18-213, for the
levy
|
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| year in which the referendum making this Law applicable to the |
20 |
| taxing district
is held, or for those taxing districts subject |
21 |
| to this Law in accordance with
paragraph (2) of subsection (e) |
22 |
| of Section 18-213 for the 1996 levy year,
constituting an
|
23 |
| extension for payment of principal and interest on bonds issued |
24 |
| by the taxing
district without referendum, but not including |
25 |
| excluded non-referendum bonds. For park districts (i) that were |
26 |
| first
subject to this Law in 1991 or 1995 and (ii) whose |
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HB2619 Engrossed |
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LRB096 10393 NHT 20563 b |
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| extension for the 1994 levy
year for the payment of principal |
2 |
| and interest on bonds issued by the park
district without |
3 |
| referendum (but not including excluded non-referendum bonds)
|
4 |
| was less than 51% of the amount for the 1991 levy year |
5 |
| constituting an
extension for payment of principal and interest |
6 |
| on bonds issued by the park
district without referendum (but |
7 |
| not including excluded non-referendum bonds),
"debt service |
8 |
| extension base" means an amount equal to that portion of the
|
9 |
| extension for the 1991 levy year constituting an extension for |
10 |
| payment of
principal and interest on bonds issued by the park |
11 |
| district without referendum
(but not including excluded |
12 |
| non-referendum bonds). The debt service extension
base may be |
13 |
| established or increased as provided under Section 18-212.
|
14 |
| "Excluded non-referendum bonds" means (i) bonds authorized by |
15 |
| Public
Act 88-503 and issued under Section 20a of the Chicago |
16 |
| Park District Act for
aquarium and museum projects; (ii) bonds |
17 |
| issued under Section 15 of the
Local Government Debt Reform |
18 |
| Act; or (iii) refunding obligations issued
to refund or to |
19 |
| continue to refund obligations initially issued pursuant to
|
20 |
| referendum.
|
21 |
| "Special purpose extensions" include, but are not limited |
22 |
| to, extensions
for levies made on an annual basis for |
23 |
| unemployment and workers'
compensation, self-insurance, |
24 |
| contributions to pension plans, and extensions
made pursuant to |
25 |
| Section 6-601 of the Illinois Highway Code for a road
|
26 |
| district's permanent road fund whether levied annually or not. |
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|
HB2619 Engrossed |
- 13 - |
LRB096 10393 NHT 20563 b |
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| The
extension for a special service area is not included in the
|
2 |
| aggregate extension.
|
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| "Aggregate extension base" means the taxing district's |
4 |
| last preceding
aggregate extension as adjusted under Sections |
5 |
| 18-135, 18-215,
and 18-230.
An adjustment under Section 18-135 |
6 |
| shall be made for the 2007 levy year and all subsequent levy |
7 |
| years whenever one or more counties within which a taxing |
8 |
| district is located (i) used estimated valuations or rates when |
9 |
| extending taxes in the taxing district for the last preceding |
10 |
| levy year that resulted in the over or under extension of |
11 |
| taxes, or (ii) increased or decreased the tax extension for the |
12 |
| last preceding levy year as required by Section 18-135(c). |
13 |
| Whenever an adjustment is required under Section 18-135, the |
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| aggregate extension base of the taxing district shall be equal |
15 |
| to the amount that the aggregate extension of the taxing |
16 |
| district would have been for the last preceding levy year if |
17 |
| either or both (i) actual, rather than estimated, valuations or |
18 |
| rates had been used to calculate the extension of taxes for the |
19 |
| last levy year, or (ii) the tax extension for the last |
20 |
| preceding levy year had not been adjusted as required by |
21 |
| subsection (c) of Section 18-135.
|
22 |
| "Levy year" has the same meaning as "year" under Section
|
23 |
| 1-155.
|
24 |
| "New property" means (i) the assessed value, after final |
25 |
| board of review or
board of appeals action, of new improvements |
26 |
| or additions to existing
improvements on any parcel of real |
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|
HB2619 Engrossed |
- 14 - |
LRB096 10393 NHT 20563 b |
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|
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| property that increase the assessed value of
that real property |
2 |
| during the levy year multiplied by the equalization factor
|
3 |
| issued by the Department under Section 17-30, (ii) the assessed |
4 |
| value, after
final board of review or board of appeals action, |
5 |
| of real property not exempt
from real estate taxation, which |
6 |
| real property was exempt from real estate
taxation for any |
7 |
| portion of the immediately preceding levy year, multiplied by
|
8 |
| the equalization factor issued by the Department under Section |
9 |
| 17-30, including the assessed value, upon final stabilization |
10 |
| of occupancy after new construction is complete, of any real |
11 |
| property located within the boundaries of an otherwise or |
12 |
| previously exempt military reservation that is intended for |
13 |
| residential use and owned by or leased to a private corporation |
14 |
| or other entity, and
(iii) in counties that classify in |
15 |
| accordance with Section 4 of Article
IX of the
Illinois |
16 |
| Constitution, an incentive property's additional assessed |
17 |
| value
resulting from a
scheduled increase in the level of |
18 |
| assessment as applied to the first year
final board of
review |
19 |
| market value.
In addition, the county clerk in a county |
20 |
| containing a population of
3,000,000 or more shall include in |
21 |
| the 1997
recovered tax increment value for any school district, |
22 |
| any recovered tax
increment value that was applicable to the |
23 |
| 1995 tax year calculations.
|
24 |
| "Qualified airport authority" means an airport authority |
25 |
| organized under
the Airport Authorities Act and located in a |
26 |
| county bordering on the State of
Wisconsin and having a |
|
|
|
HB2619 Engrossed |
- 15 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| population in excess of 200,000 and not greater than
500,000.
|
2 |
| "Recovered tax increment value" means, except as otherwise |
3 |
| provided in this
paragraph, the amount of the current year's |
4 |
| equalized assessed value, in the
first year after a |
5 |
| municipality terminates
the designation of an area as a |
6 |
| redevelopment project area previously
established under the |
7 |
| Tax Increment Allocation Development Act in the Illinois
|
8 |
| Municipal Code, previously established under the Industrial |
9 |
| Jobs Recovery Law
in the Illinois Municipal Code, previously |
10 |
| established under the Economic Development Project Area Tax |
11 |
| Increment Act of 1995, or previously established under the |
12 |
| Economic
Development Area Tax Increment Allocation Act, of each |
13 |
| taxable lot, block,
tract, or parcel of real property in the |
14 |
| redevelopment project area over and
above the initial equalized |
15 |
| assessed value of each property in the
redevelopment project |
16 |
| area.
For the taxes which are extended for the 1997 levy year, |
17 |
| the recovered tax
increment value for a non-home rule taxing |
18 |
| district that first became subject
to this Law for the 1995 |
19 |
| levy year because a majority of its 1994 equalized
assessed |
20 |
| value was in an affected county or counties shall be increased |
21 |
| if a
municipality terminated the designation of an area in 1993 |
22 |
| as a redevelopment
project area previously established under |
23 |
| the Tax Increment Allocation
Development Act in the Illinois |
24 |
| Municipal Code, previously established under
the Industrial |
25 |
| Jobs Recovery Law in the Illinois Municipal Code, or previously
|
26 |
| established under the Economic Development Area Tax Increment |
|
|
|
HB2619 Engrossed |
- 16 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| Allocation Act,
by an amount equal to the 1994 equalized |
2 |
| assessed value of each taxable lot,
block, tract, or parcel of |
3 |
| real property in the redevelopment project area over
and above |
4 |
| the initial equalized assessed value of each property in the
|
5 |
| redevelopment project area.
In the first year after a |
6 |
| municipality
removes a taxable lot, block, tract, or parcel of |
7 |
| real property from a
redevelopment project area established |
8 |
| under the Tax Increment Allocation
Development Act in the |
9 |
| Illinois
Municipal Code, the Industrial Jobs Recovery Law
in |
10 |
| the Illinois Municipal Code, or the Economic
Development Area |
11 |
| Tax Increment Allocation Act, "recovered tax increment value"
|
12 |
| means the amount of the current year's equalized assessed value |
13 |
| of each taxable
lot, block, tract, or parcel of real property |
14 |
| removed from the redevelopment
project area over and above the |
15 |
| initial equalized assessed value of that real
property before |
16 |
| removal from the redevelopment project area.
|
17 |
| Except as otherwise provided in this Section, "limiting |
18 |
| rate" means a
fraction the numerator of which is the last
|
19 |
| preceding aggregate extension base times an amount equal to one |
20 |
| plus the
extension limitation defined in this Section and the |
21 |
| denominator of which
is the current year's equalized assessed |
22 |
| value of all real property in the
territory under the |
23 |
| jurisdiction of the taxing district during the prior
levy year. |
24 |
| For those taxing districts that reduced their aggregate
|
25 |
| extension for the last preceding levy year, the highest |
26 |
| aggregate extension
in any of the last 3 preceding levy years |
|
|
|
HB2619 Engrossed |
- 17 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| shall be used for the purpose of
computing the limiting rate. |
2 |
| The denominator shall not include new
property or the recovered |
3 |
| tax increment
value.
If a new rate, a rate decrease, or a |
4 |
| limiting rate increase has been approved at an election held |
5 |
| after March 21, 2006, then (i) the otherwise applicable |
6 |
| limiting rate shall be increased by the amount of the new rate |
7 |
| or shall be reduced by the amount of the rate decrease, as the |
8 |
| case may be, or (ii) in the case of a limiting rate increase, |
9 |
| the limiting rate shall be equal to the rate set forth
in the |
10 |
| proposition approved by the voters for each of the years |
11 |
| specified in the proposition, after
which the limiting rate of |
12 |
| the taxing district shall be calculated as otherwise provided.
|
13 |
| (Source: P.A. 94-974, eff. 6-30-06; 94-976, eff. 6-30-06; |
14 |
| 94-1078, eff. 1-9-07; 95-90, eff. 1-1-08; 95-331, eff. 8-21-07; |
15 |
| 95-404, eff. 1-1-08; 95-876, eff. 8-21-08.)
|
16 |
| Section 5. The School Code is amended by changing Sections |
17 |
| 10-22.36 and 19-1 and by adding Sections 19-3.5 and 19-3.10 as |
18 |
| follows:
|
19 |
| (105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
|
20 |
| Sec. 10-22.36. Buildings for school purposes. To build or |
21 |
| purchase a building for school classroom or
instructional |
22 |
| purposes upon the approval of a majority of the voters upon the
|
23 |
| proposition at a referendum held for such purpose or in |
24 |
| accordance with
Section 17-2.11 , 19-3.5, or 19-3.10 . The board |
|
|
|
HB2619 Engrossed |
- 18 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| may initiate such referendum by resolution.
The board shall |
2 |
| certify the resolution and proposition to the proper
election |
3 |
| authority for submission in accordance with the general |
4 |
| election law.
|
5 |
| The questions of building one or more new buildings for |
6 |
| school
purposes or office facilities, and issuing bonds for the |
7 |
| purpose of
borrowing money to purchase one or more buildings or |
8 |
| sites for such
buildings or office sites, to build one or more |
9 |
| new buildings for school
purposes or office facilities or to |
10 |
| make additions and improvements to
existing school buildings, |
11 |
| may be combined into one or more propositions
on the ballot.
|
12 |
| Before erecting, or purchasing or remodeling such a |
13 |
| building the
board shall submit the plans and specifications |
14 |
| respecting heating,
ventilating, lighting, seating, water |
15 |
| supply, toilets and safety against
fire to the regional |
16 |
| superintendent of schools having supervision and
control over |
17 |
| the district, for approval in accordance with Section 2-3.12.
|
18 |
| Notwithstanding any of the foregoing, no referendum shall |
19 |
| be required
if the purchase, construction, or building of any
|
20 |
| such
building is completed (1) while the building is being
|
21 |
| leased by the school district or (2) with the expenditure of |
22 |
| (A) funds
derived from the sale or disposition of other |
23 |
| buildings, land, or
structures of the school district or (B) |
24 |
| funds received (i) as a
grant under the
School Construction |
25 |
| Law, (ii) as gifts or donations,
provided that no funds to |
26 |
| complete such building, other than lease
payments, are
derived |
|
|
|
HB2619 Engrossed |
- 19 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| from the district's bonded indebtedness or the tax levy of
the
|
2 |
| district, or (iii) from the County School Facility Occupation |
3 |
| Tax Law under Section 5-1006.7 of the Counties Code.
|
4 |
| (Source: P.A. 95-675, eff. 10-11-07.)
|
5 |
| (105 ILCS 5/19-1) (from Ch. 122, par. 19-1)
|
6 |
| Sec. 19-1. Debt limitations of school districts.
|
7 |
| (a) School districts shall not be subject to the provisions |
8 |
| limiting their
indebtedness prescribed in "An Act to limit the |
9 |
| indebtedness of counties having
a population of less than |
10 |
| 500,000 and townships, school districts and other
municipal |
11 |
| corporations having a population of less than 300,000", |
12 |
| approved
February 15, 1928, as amended.
|
13 |
| No school districts maintaining grades K through 8 or 9 |
14 |
| through 12
shall become indebted in any manner or for any |
15 |
| purpose to an amount,
including existing indebtedness, in the |
16 |
| aggregate exceeding 6.9% on the
value of the taxable property |
17 |
| therein to be ascertained by the last assessment
for State and |
18 |
| county taxes or, until January 1, 1983, if greater, the sum |
19 |
| that
is produced by multiplying the school district's 1978 |
20 |
| equalized assessed
valuation by the debt limitation percentage |
21 |
| in effect on January 1, 1979,
previous to the incurring of such |
22 |
| indebtedness.
|
23 |
| No school districts maintaining grades K through 12 shall |
24 |
| become
indebted in any manner or for any purpose to an amount, |
25 |
| including
existing indebtedness, in the aggregate exceeding |
|
|
|
HB2619 Engrossed |
- 20 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| 13.8% on the value of
the taxable property therein to be |
2 |
| ascertained by the last assessment
for State and county taxes |
3 |
| or, until January 1, 1983, if greater, the sum that
is produced |
4 |
| by multiplying the school district's 1978 equalized assessed
|
5 |
| valuation by the debt limitation percentage in effect on |
6 |
| January 1, 1979,
previous to the incurring of such |
7 |
| indebtedness.
|
8 |
| No partial elementary unit district, as defined in Article |
9 |
| 11E of this Code, shall become indebted in any manner or for |
10 |
| any purpose in an amount, including existing indebtedness, in |
11 |
| the aggregate exceeding 6.9% of the value of the taxable |
12 |
| property of the entire district, to be ascertained by the last |
13 |
| assessment for State and county taxes, plus an amount, |
14 |
| including existing indebtedness, in the aggregate exceeding |
15 |
| 6.9% of the value of the taxable property of that portion of |
16 |
| the district included in the elementary and high school |
17 |
| classification, to be ascertained by the last assessment for |
18 |
| State and county taxes. Moreover, no partial elementary unit |
19 |
| district, as defined in Article 11E of this Code, shall become |
20 |
| indebted on account of bonds issued by the district for high |
21 |
| school purposes in the aggregate exceeding 6.9% of the value of |
22 |
| the taxable property of the entire district, to be ascertained |
23 |
| by the last assessment for State and county taxes, nor shall |
24 |
| the district become indebted on account of bonds issued by the |
25 |
| district for elementary purposes in the aggregate exceeding |
26 |
| 6.9% of the value of the taxable property for that portion of |
|
|
|
HB2619 Engrossed |
- 21 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| the district included in the elementary and high school |
2 |
| classification, to be ascertained by the last assessment for |
3 |
| State and county taxes.
|
4 |
| Notwithstanding the provisions of any other law to the |
5 |
| contrary, in any
case in which the voters of a school district |
6 |
| have approved a proposition
for the issuance of bonds of such |
7 |
| school district at an election held prior
to January 1, 1979, |
8 |
| and all of the bonds approved at such election have
not been |
9 |
| issued, the debt limitation applicable to such school district
|
10 |
| during the calendar year 1979 shall be computed by multiplying |
11 |
| the value
of taxable property therein, including personal |
12 |
| property, as ascertained
by the last assessment for State and |
13 |
| county taxes, previous to the incurring
of such indebtedness, |
14 |
| by the percentage limitation applicable to such school
district |
15 |
| under the provisions of this subsection (a).
|
16 |
| (b) Notwithstanding the debt limitation prescribed in |
17 |
| subsection (a)
of this Section, additional indebtedness may be |
18 |
| incurred in an amount
not to exceed the estimated cost of |
19 |
| acquiring or improving school sites
or constructing and |
20 |
| equipping additional building facilities under the
following |
21 |
| conditions:
|
22 |
| (1) Whenever the enrollment of students for the next |
23 |
| school year is
estimated by the board of education to |
24 |
| increase over the actual present
enrollment by not less |
25 |
| than 35% or by not less than 200 students or the
actual |
26 |
| present enrollment of students has increased over the |
|
|
|
HB2619 Engrossed |
- 22 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| previous
school year by not less than 35% or by not less |
2 |
| than 200 students and
the board of education determines |
3 |
| that additional school sites or
building facilities are |
4 |
| required as a result of such increase in
enrollment; and
|
5 |
| (2) When the Regional Superintendent of Schools having |
6 |
| jurisdiction
over the school district and the State |
7 |
| Superintendent of Education
concur in such enrollment |
8 |
| projection or increase and approve the need
for such |
9 |
| additional school sites or building facilities and the
|
10 |
| estimated cost thereof; and
|
11 |
| (3) When the voters in the school district approve a |
12 |
| proposition for
the issuance of bonds for the purpose of |
13 |
| acquiring or improving such
needed school sites or |
14 |
| constructing and equipping such needed additional
building |
15 |
| facilities at an election called and held for that purpose.
|
16 |
| Notice of such an election shall state that the amount of |
17 |
| indebtedness
proposed to be incurred would exceed the debt |
18 |
| limitation otherwise
applicable to the school district. |
19 |
| The ballot for such proposition
shall state what percentage |
20 |
| of the equalized assessed valuation will be
outstanding in |
21 |
| bonds if the proposed issuance of bonds is approved by
the |
22 |
| voters; or
|
23 |
| (4) Notwithstanding the provisions of paragraphs (1) |
24 |
| through (3) of
this subsection (b), if the school board |
25 |
| determines that additional
facilities are needed to |
26 |
| provide a quality educational program and not
less than 2/3 |
|
|
|
HB2619 Engrossed |
- 23 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| of those voting in an election called by the school board
|
2 |
| on the question approve the issuance of bonds for the |
3 |
| construction of
such facilities, the school district may |
4 |
| issue bonds for this
purpose; or
|
5 |
| (5) Notwithstanding the provisions of paragraphs (1) |
6 |
| through (3) of this
subsection (b), if (i) the school |
7 |
| district has previously availed itself of the
provisions of |
8 |
| paragraph (4) of this subsection (b) to enable it to issue |
9 |
| bonds,
(ii) the voters of the school district have not |
10 |
| defeated a proposition for the
issuance of bonds since the |
11 |
| referendum described in paragraph (4) of this
subsection |
12 |
| (b) was held, (iii) the school board determines that |
13 |
| additional
facilities are needed to provide a quality |
14 |
| educational program, and (iv) a
majority of those voting in |
15 |
| an election called by the school board on the
question |
16 |
| approve the issuance of bonds for the construction of such |
17 |
| facilities,
the school district may issue bonds for this |
18 |
| purpose.
|
19 |
| In no event shall the indebtedness incurred pursuant to |
20 |
| this
subsection (b) and the existing indebtedness of the school |
21 |
| district
exceed 15% of the value of the taxable property |
22 |
| therein to be
ascertained by the last assessment for State and |
23 |
| county taxes, previous
to the incurring of such indebtedness |
24 |
| or, until January 1, 1983, if greater,
the sum that is produced |
25 |
| by multiplying the school district's 1978 equalized
assessed |
26 |
| valuation by the debt limitation percentage in effect on |
|
|
|
HB2619 Engrossed |
- 24 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| January 1,
1979.
|
2 |
| The indebtedness provided for by this subsection (b) shall |
3 |
| be in
addition to and in excess of any other debt limitation.
|
4 |
| (c) Notwithstanding the debt limitation prescribed in |
5 |
| subsection (a)
of this Section, in any case in which a public |
6 |
| question for the issuance
of bonds of a proposed school |
7 |
| district maintaining grades kindergarten
through 12 received |
8 |
| at least 60% of the valid ballots cast on the question at
an |
9 |
| election held on or prior to November 8, 1994, and in which the |
10 |
| bonds
approved at such election have not been issued, the |
11 |
| school district pursuant to
the requirements of Section 11A-10 |
12 |
| (now repealed) may issue the total amount of bonds approved
at |
13 |
| such election for the purpose stated in the question.
|
14 |
| (d) Notwithstanding the debt limitation prescribed in |
15 |
| subsection (a)
of this Section, a school district that meets |
16 |
| all the criteria set forth in
paragraphs (1) and (2) of this |
17 |
| subsection (d) may incur an additional
indebtedness in an |
18 |
| amount not to exceed $4,500,000, even though the amount of
the |
19 |
| additional indebtedness authorized by this subsection (d), |
20 |
| when incurred
and added to the aggregate amount of indebtedness |
21 |
| of the district existing
immediately prior to the district |
22 |
| incurring the additional indebtedness
authorized by this |
23 |
| subsection (d), causes the aggregate indebtedness of the
|
24 |
| district to exceed the debt limitation otherwise applicable to |
25 |
| that district
under subsection (a):
|
26 |
| (1) The additional indebtedness authorized by this |
|
|
|
HB2619 Engrossed |
- 25 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| subsection (d) is
incurred by the school district through |
2 |
| the issuance of bonds under and in
accordance with Section |
3 |
| 17-2.11a for the purpose of replacing a school
building |
4 |
| which, because of mine subsidence damage, has been closed |
5 |
| as provided
in paragraph (2) of this subsection (d) or |
6 |
| through the issuance of bonds under
and in accordance with |
7 |
| Section 19-3 for the purpose of increasing the size of,
or |
8 |
| providing for additional functions in, such replacement |
9 |
| school buildings, or
both such purposes.
|
10 |
| (2) The bonds issued by the school district as provided |
11 |
| in paragraph (1)
above are issued for the purposes of |
12 |
| construction by the school district of
a new school |
13 |
| building pursuant to Section 17-2.11, to replace an |
14 |
| existing
school building that, because of mine subsidence |
15 |
| damage, is closed as of the
end of the 1992-93 school year |
16 |
| pursuant to action of the regional
superintendent of |
17 |
| schools of the educational service region in which the
|
18 |
| district is located under Section 3-14.22 or are issued for |
19 |
| the purpose of
increasing the size of, or providing for |
20 |
| additional functions in, the new
school building being |
21 |
| constructed to replace a school building closed as the
|
22 |
| result of mine subsidence damage, or both such purposes.
|
23 |
| (e) (Blank).
|
24 |
| (f) Notwithstanding the provisions of subsection (a) of |
25 |
| this Section or of
any other law, bonds in not to exceed the |
26 |
| aggregate amount of $5,500,000 and
issued by a school district |
|
|
|
HB2619 Engrossed |
- 26 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| meeting the following criteria shall not be
considered |
2 |
| indebtedness for purposes of any statutory limitation and may |
3 |
| be
issued in an amount or amounts, including existing |
4 |
| indebtedness, in excess of
any heretofore or hereafter imposed |
5 |
| statutory limitation as to indebtedness:
|
6 |
| (1) At the time of the sale of such bonds, the board of |
7 |
| education of the
district shall have determined by |
8 |
| resolution that the enrollment of students in
the district |
9 |
| is projected to increase by not less than 7% during each of |
10 |
| the
next succeeding 2 school years.
|
11 |
| (2) The board of education shall also determine by |
12 |
| resolution that the
improvements to be financed with the |
13 |
| proceeds of the bonds are needed because
of the projected |
14 |
| enrollment increases.
|
15 |
| (3) The board of education shall also determine by |
16 |
| resolution that the
projected increases in enrollment are |
17 |
| the result of improvements made or
expected to be made to |
18 |
| passenger rail facilities located in the school
district.
|
19 |
| Notwithstanding the provisions of subsection (a) of this |
20 |
| Section or of any other law, a school district that has availed |
21 |
| itself of the provisions of this subsection (f) prior to July |
22 |
| 22, 2004 (the effective date of Public Act 93-799) may also |
23 |
| issue bonds approved by referendum up to an amount, including |
24 |
| existing indebtedness, not exceeding 25% of the equalized |
25 |
| assessed value of the taxable property in the district if all |
26 |
| of the conditions set forth in items (1), (2), and (3) of this |
|
|
|
HB2619 Engrossed |
- 27 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| subsection (f) are met.
|
2 |
| (g) Notwithstanding the provisions of subsection (a) of |
3 |
| this Section or any
other law, bonds in not to exceed an |
4 |
| aggregate amount of 25% of the equalized
assessed value of the |
5 |
| taxable property of a school district and issued by a
school |
6 |
| district meeting the criteria in paragraphs (i) through (iv) of |
7 |
| this
subsection shall not be considered indebtedness for |
8 |
| purposes of any statutory
limitation and may be issued pursuant |
9 |
| to resolution of the school board in an
amount or amounts, |
10 |
| including existing indebtedness, in
excess of any statutory |
11 |
| limitation of indebtedness heretofore or hereafter
imposed:
|
12 |
| (i) The bonds are issued for the purpose of |
13 |
| constructing a new high school
building to replace two |
14 |
| adjacent existing buildings which together house a
single |
15 |
| high school, each of which is more than 65 years old, and |
16 |
| which together
are located on more than 10 acres and less |
17 |
| than 11 acres of property.
|
18 |
| (ii) At the time the resolution authorizing the |
19 |
| issuance of the bonds is
adopted, the cost of constructing |
20 |
| a new school building to replace the existing
school |
21 |
| building is less than 60% of the cost of repairing the |
22 |
| existing school
building.
|
23 |
| (iii) The sale of the bonds occurs before July 1, 1997.
|
24 |
| (iv) The school district issuing the bonds is a unit |
25 |
| school district
located in a county of less than 70,000 and |
26 |
| more than 50,000 inhabitants,
which has an average daily |
|
|
|
HB2619 Engrossed |
- 28 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| attendance of less than 1,500 and an equalized
assessed |
2 |
| valuation of less than $29,000,000.
|
3 |
| (h) Notwithstanding any other provisions of this Section or |
4 |
| the
provisions of any other law, until January 1, 1998, a |
5 |
| community unit school
district maintaining grades K through 12 |
6 |
| may issue bonds up to an amount,
including existing |
7 |
| indebtedness, not exceeding 27.6% of the equalized assessed
|
8 |
| value of the taxable property in the district, if all of the |
9 |
| following
conditions are met:
|
10 |
| (i) The school district has an equalized assessed |
11 |
| valuation for calendar
year 1995 of less than $24,000,000;
|
12 |
| (ii) The bonds are issued for the capital improvement, |
13 |
| renovation,
rehabilitation, or replacement of existing |
14 |
| school buildings of the district,
all of which buildings |
15 |
| were originally constructed not less than 40 years ago;
|
16 |
| (iii) The voters of the district approve a proposition |
17 |
| for the issuance of
the bonds at a referendum held after |
18 |
| March 19, 1996; and
|
19 |
| (iv) The bonds are issued pursuant to Sections 19-2 |
20 |
| through 19-7 of this
Code.
|
21 |
| (i) Notwithstanding any other provisions of this Section or |
22 |
| the provisions
of any other law, until January 1, 1998, a |
23 |
| community unit school district
maintaining grades K through 12 |
24 |
| may issue bonds up to an amount, including
existing |
25 |
| indebtedness, not exceeding 27% of the equalized assessed value |
26 |
| of the
taxable property in the district, if all of the |
|
|
|
HB2619 Engrossed |
- 29 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| following conditions are met:
|
2 |
| (i) The school district has an equalized assessed |
3 |
| valuation for calendar
year 1995 of less than $44,600,000;
|
4 |
| (ii) The bonds are issued for the capital improvement, |
5 |
| renovation,
rehabilitation, or replacement
of existing |
6 |
| school buildings of the district, all of which
existing |
7 |
| buildings were originally constructed not less than 80 |
8 |
| years ago;
|
9 |
| (iii) The voters of the district approve a proposition |
10 |
| for the issuance of
the bonds at a referendum held after |
11 |
| December 31, 1996; and
|
12 |
| (iv) The bonds are issued pursuant to Sections 19-2 |
13 |
| through 19-7 of this
Code.
|
14 |
| (j) Notwithstanding any other provisions of this Section or |
15 |
| the
provisions of any other law, until January 1, 1999, a |
16 |
| community unit school
district maintaining grades K through 12 |
17 |
| may issue bonds up to an amount,
including existing |
18 |
| indebtedness, not exceeding 27% of the equalized assessed
value |
19 |
| of the taxable property in the district if all of the following
|
20 |
| conditions are met:
|
21 |
| (i) The school district has an equalized assessed |
22 |
| valuation for calendar
year 1995 of less than $140,000,000 |
23 |
| and a best 3 months
average daily
attendance for the |
24 |
| 1995-96 school year of at least 2,800;
|
25 |
| (ii) The bonds are issued to purchase a site and build |
26 |
| and equip a new
high school, and the school district's |
|
|
|
HB2619 Engrossed |
- 30 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| existing high school was originally
constructed not less |
2 |
| than 35
years prior to the sale of the bonds;
|
3 |
| (iii) At the time of the sale of the bonds, the board |
4 |
| of education
determines
by resolution that a new high |
5 |
| school is needed because of projected enrollment
|
6 |
| increases;
|
7 |
| (iv) At least 60% of those voting in an election held
|
8 |
| after December 31, 1996 approve a proposition
for the |
9 |
| issuance of
the bonds; and
|
10 |
| (v) The bonds are issued pursuant to Sections 19-2 |
11 |
| through
19-7 of this Code.
|
12 |
| (k) Notwithstanding the debt limitation prescribed in |
13 |
| subsection (a) of
this Section, a school district that meets |
14 |
| all the criteria set forth in
paragraphs (1) through (4) of |
15 |
| this subsection (k) may issue bonds to incur an
additional |
16 |
| indebtedness in an amount not to exceed $4,000,000 even though |
17 |
| the
amount of the additional indebtedness authorized by this |
18 |
| subsection (k), when
incurred and added to the aggregate amount |
19 |
| of indebtedness of the school
district existing immediately |
20 |
| prior to the school district incurring such
additional |
21 |
| indebtedness, causes the aggregate indebtedness of the school
|
22 |
| district to exceed or increases the amount by which the |
23 |
| aggregate indebtedness
of the district already exceeds the debt |
24 |
| limitation otherwise applicable to
that school district under |
25 |
| subsection (a):
|
26 |
| (1) the school district is located in 2 counties, and a |
|
|
|
HB2619 Engrossed |
- 31 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| referendum to
authorize the additional indebtedness was |
2 |
| approved by a majority of the voters
of the school district |
3 |
| voting on the proposition to authorize that
indebtedness;
|
4 |
| (2) the additional indebtedness is for the purpose of |
5 |
| financing a
multi-purpose room addition to the existing |
6 |
| high school;
|
7 |
| (3) the additional indebtedness, together with the |
8 |
| existing indebtedness
of the school district, shall not |
9 |
| exceed 17.4% of the value of the taxable
property in the |
10 |
| school district, to be ascertained by the last assessment |
11 |
| for
State and county taxes; and
|
12 |
| (4) the bonds evidencing the additional indebtedness |
13 |
| are issued, if at
all, within 120 days of the effective |
14 |
| date of this amendatory Act of 1998.
|
15 |
| (l) Notwithstanding any other provisions of this Section or |
16 |
| the
provisions of any other law, until January 1, 2000, a |
17 |
| school district
maintaining grades kindergarten through 8 may |
18 |
| issue bonds up to an amount,
including existing indebtedness, |
19 |
| not exceeding 15% of the equalized assessed
value of the |
20 |
| taxable property in the district if all of the following
|
21 |
| conditions are met:
|
22 |
| (i) the district has an equalized assessed valuation |
23 |
| for calendar year
1996 of less than $10,000,000;
|
24 |
| (ii) the bonds are issued for capital improvement, |
25 |
| renovation,
rehabilitation, or replacement of one or more |
26 |
| school buildings of the district,
which buildings were |
|
|
|
HB2619 Engrossed |
- 32 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| originally constructed not less than 70 years ago;
|
2 |
| (iii) the voters of the district approve a proposition |
3 |
| for the issuance of
the bonds at a referendum held on or |
4 |
| after March 17, 1998; and
|
5 |
| (iv) the bonds are issued pursuant to Sections 19-2 |
6 |
| through 19-7 of this
Code.
|
7 |
| (m) Notwithstanding any other provisions of this Section or |
8 |
| the provisions
of
any other law, until January 1, 1999, an |
9 |
| elementary school district maintaining
grades K through 8 may |
10 |
| issue bonds up to an amount, excluding existing
indebtedness, |
11 |
| not exceeding 18% of the equalized assessed value of the |
12 |
| taxable
property in the district, if all of the following |
13 |
| conditions are met:
|
14 |
| (i) The school district has an equalized assessed |
15 |
| valuation for calendar
year 1995 or less than $7,700,000;
|
16 |
| (ii) The school district operates 2 elementary |
17 |
| attendance centers that
until
1976 were operated as the |
18 |
| attendance centers of 2 separate and distinct school
|
19 |
| districts;
|
20 |
| (iii) The bonds are issued for the construction of a |
21 |
| new elementary school
building to replace an existing |
22 |
| multi-level elementary school building of the
school |
23 |
| district that is not handicapped accessible at all levels |
24 |
| and parts of
which were constructed more than 75 years ago;
|
25 |
| (iv) The voters of the school district approve a |
26 |
| proposition for the
issuance of the bonds at a referendum |
|
|
|
HB2619 Engrossed |
- 33 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| held after July 1, 1998; and
|
2 |
| (v) The bonds are issued pursuant to Sections 19-2 |
3 |
| through 19-7 of this
Code.
|
4 |
| (n) Notwithstanding the debt limitation prescribed in |
5 |
| subsection (a) of
this Section or any other provisions of this |
6 |
| Section or of any other law, a
school district that meets all |
7 |
| of the criteria set forth in paragraphs (i)
through (vi) of |
8 |
| this subsection (n) may incur additional indebtedness by the
|
9 |
| issuance of bonds in an amount not exceeding the amount |
10 |
| certified by the
Capital Development Board to the school |
11 |
| district as provided in paragraph (iii)
of
this subsection (n), |
12 |
| even though the amount of the additional indebtedness so
|
13 |
| authorized, when incurred and added to the aggregate amount of |
14 |
| indebtedness of
the district existing immediately prior to the |
15 |
| district incurring the
additional indebtedness authorized by |
16 |
| this subsection (n), causes the aggregate
indebtedness of the |
17 |
| district to exceed the debt limitation otherwise applicable
by |
18 |
| law to that district:
|
19 |
| (i) The school district applies to the State Board of |
20 |
| Education for a
school construction project grant and |
21 |
| submits a district facilities plan in
support
of its |
22 |
| application pursuant to Section 5-20 of
the School |
23 |
| Construction Law.
|
24 |
| (ii) The school district's application and facilities |
25 |
| plan are approved
by,
and the district receives a grant |
26 |
| entitlement for a school construction project
issued by, |
|
|
|
HB2619 Engrossed |
- 34 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| the State Board of Education under the School Construction |
2 |
| Law.
|
3 |
| (iii) The school district has exhausted its bonding |
4 |
| capacity or the unused
bonding capacity of the district is |
5 |
| less than the amount certified by the
Capital Development |
6 |
| Board to the district under Section 5-15 of the School
|
7 |
| Construction Law as the dollar amount of the school |
8 |
| construction project's cost
that the district will be |
9 |
| required to finance with non-grant funds in order to
|
10 |
| receive a school construction project grant under the |
11 |
| School Construction Law.
|
12 |
| (iv) The bonds are issued for a "school construction |
13 |
| project", as that
term is defined in Section 5-5 of the |
14 |
| School Construction Law, in an amount
that does not exceed |
15 |
| the dollar amount certified, as provided in paragraph
(iii) |
16 |
| of this subsection (n), by the Capital Development Board
to |
17 |
| the school
district under Section 5-15 of the School |
18 |
| Construction Law.
|
19 |
| (v) The voters of the district approve a proposition |
20 |
| for the issuance of
the bonds at a referendum held after |
21 |
| the criteria specified in paragraphs (i)
and (iii) of this |
22 |
| subsection (n) are met.
|
23 |
| (vi) The bonds are issued pursuant to Sections 19-2 |
24 |
| through 19-7 of the
School Code.
|
25 |
| (o) Notwithstanding any other provisions of this Section or |
26 |
| the
provisions of any other law, until November 1, 2007, a |
|
|
|
HB2619 Engrossed |
- 35 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| community unit
school district maintaining grades K through 12 |
2 |
| may issue bonds up to
an amount, including existing |
3 |
| indebtedness, not exceeding 20% of the
equalized assessed value |
4 |
| of the taxable property in the district if all of the
following |
5 |
| conditions are met:
|
6 |
| (i) the school district has an equalized assessed |
7 |
| valuation
for calendar year 2001 of at least $737,000,000 |
8 |
| and an enrollment
for the 2002-2003 school year of at least |
9 |
| 8,500;
|
10 |
| (ii) the bonds are issued to purchase school sites, |
11 |
| build and
equip a new high school, build and equip a new |
12 |
| junior high school,
build and equip 5 new elementary |
13 |
| schools, and make technology
and other improvements and |
14 |
| additions to existing schools;
|
15 |
| (iii) at the time of the sale of the bonds, the board |
16 |
| of
education determines by resolution that the sites and |
17 |
| new or
improved facilities are needed because of projected |
18 |
| enrollment
increases;
|
19 |
| (iv) at least 57% of those voting in a general election |
20 |
| held
prior to January 1, 2003 approved a proposition for |
21 |
| the issuance of
the bonds; and
|
22 |
| (v) the bonds are issued pursuant to Sections 19-2 |
23 |
| through
19-7 of this Code.
|
24 |
| (p) Notwithstanding any other provisions of this Section or |
25 |
| the provisions of any other law, a community unit school |
26 |
| district maintaining grades K through 12 may issue bonds up to |
|
|
|
HB2619 Engrossed |
- 36 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| an amount, including indebtedness, not exceeding 27% of the |
2 |
| equalized assessed value of the taxable property in the |
3 |
| district if all of the following conditions are met: |
4 |
| (i) The school district has an equalized assessed |
5 |
| valuation for calendar year 2001 of at least $295,741,187 |
6 |
| and a best 3 months' average daily attendance for the |
7 |
| 2002-2003 school year of at least 2,394. |
8 |
| (ii) The bonds are issued to build and equip 3 |
9 |
| elementary school buildings; build and equip one middle |
10 |
| school building; and alter, repair, improve, and equip all |
11 |
| existing school buildings in the district. |
12 |
| (iii) At the time of the sale of the bonds, the board |
13 |
| of education determines by resolution that the project is |
14 |
| needed because of expanding growth in the school district |
15 |
| and a projected enrollment increase. |
16 |
| (iv) The bonds are issued pursuant to Sections 19-2 |
17 |
| through 19-7 of this Code.
|
18 |
| (p-5) Notwithstanding any other provisions of this Section |
19 |
| or the provisions of any other law, bonds issued by a community |
20 |
| unit school district maintaining grades K through 12 shall not |
21 |
| be considered indebtedness for purposes of any statutory |
22 |
| limitation and may be issued in an amount or amounts, including |
23 |
| existing indebtedness, in excess of any heretofore or hereafter |
24 |
| imposed statutory limitation as to indebtedness, if all of the |
25 |
| following conditions are met: |
26 |
| (i) For each of the 4 most recent years, residential |
|
|
|
HB2619 Engrossed |
- 37 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| property comprises more than 80% of the equalized assessed |
2 |
| valuation of the district. |
3 |
| (ii) At least 2 school buildings that were constructed |
4 |
| 40 or more years prior to the issuance of the bonds will be |
5 |
| demolished and will be replaced by new buildings or |
6 |
| additions to one or more existing buildings. |
7 |
| (iii) Voters of the district approve a proposition for |
8 |
| the issuance of the bonds at a regularly scheduled |
9 |
| election. |
10 |
| (iv) At the time of the sale of the bonds, the school |
11 |
| board determines by resolution that the new buildings or |
12 |
| building additions are needed because of an increase in |
13 |
| enrollment projected by the school board. |
14 |
| (v) The principal amount of the bonds, including |
15 |
| existing indebtedness, does not exceed 25% of the equalized |
16 |
| assessed value of the taxable property in the district. |
17 |
| (vi) The bonds are issued prior to January 1, 2007, |
18 |
| pursuant to Sections 19-2 through 19-7 of this Code.
|
19 |
| (p-10) Notwithstanding any other provisions of this |
20 |
| Section or the provisions of any other law, bonds issued by a |
21 |
| community consolidated school district maintaining grades K |
22 |
| through 8 shall not be considered indebtedness for purposes of |
23 |
| any statutory limitation and may be issued in an amount or |
24 |
| amounts, including existing indebtedness, in excess of any |
25 |
| heretofore or hereafter imposed statutory limitation as to |
26 |
| indebtedness, if all of the following conditions are met: |
|
|
|
HB2619 Engrossed |
- 38 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| (i) For each of the 4 most recent years, residential |
2 |
| and farm property comprises more than 80% of the equalized |
3 |
| assessed valuation of the district. |
4 |
| (ii) The bond proceeds are to be used to acquire and |
5 |
| improve school sites and build and equip a school building. |
6 |
| (iii) Voters of the district approve a proposition for |
7 |
| the issuance of the bonds at a regularly scheduled |
8 |
| election. |
9 |
| (iv) At the time of the sale of the bonds, the school |
10 |
| board determines by resolution that the school sites and |
11 |
| building additions are needed because of an increase in |
12 |
| enrollment projected by the school board. |
13 |
| (v) The principal amount of the bonds, including |
14 |
| existing indebtedness, does not exceed 20% of the equalized |
15 |
| assessed value of the taxable property in the district. |
16 |
| (vi) The bonds are issued prior to January 1, 2007, |
17 |
| pursuant to Sections 19-2 through 19-7 of this Code.
|
18 |
| (p-15) In addition to all other authority to issue bonds, |
19 |
| the Oswego Community Unit School District Number 308 may issue |
20 |
| bonds with an aggregate principal amount not to exceed |
21 |
| $450,000,000, but only if all of the following conditions are |
22 |
| met: |
23 |
| (i) The voters of the district have approved a |
24 |
| proposition for the bond issue at the general election held |
25 |
| on November 7, 2006. |
26 |
| (ii) At the time of the sale of the bonds, the school |
|
|
|
HB2619 Engrossed |
- 39 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| board determines, by resolution, that: (A) the building and |
2 |
| equipping of the new high school building, new junior high |
3 |
| school buildings, new elementary school buildings, early |
4 |
| childhood building, maintenance building, transportation |
5 |
| facility, and additions to existing school buildings, the |
6 |
| altering, repairing, equipping, and provision of |
7 |
| technology improvements to existing school buildings, and |
8 |
| the acquisition and improvement of school sites, as the |
9 |
| case may be, are required as a result of a projected |
10 |
| increase in the enrollment of students in the district; and |
11 |
| (B) the sale of bonds for these purposes is authorized by |
12 |
| legislation that exempts the debt incurred on the bonds |
13 |
| from the district's statutory debt limitation.
|
14 |
| (iii) The bonds are issued, in one or more bond issues, |
15 |
| on or before November 7, 2011, but the aggregate principal |
16 |
| amount issued in all such bond issues combined must not |
17 |
| exceed $450,000,000.
|
18 |
| (iv) The bonds are issued in accordance with this |
19 |
| Article 19. |
20 |
| (v) The proceeds of the bonds are used only to |
21 |
| accomplish those projects approved by the voters at the |
22 |
| general election held on November 7, 2006. |
23 |
| The debt incurred on any bonds issued under this subsection |
24 |
| (p-15) shall not be considered indebtedness for purposes of any |
25 |
| statutory debt limitation.
|
26 |
| (p-20) In addition to all other authority to issue bonds, |
|
|
|
HB2619 Engrossed |
- 40 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| the Lincoln-Way Community High School District Number 210 may |
2 |
| issue bonds with an aggregate principal amount not to exceed |
3 |
| $225,000,000, but only if all of the following conditions are |
4 |
| met: |
5 |
| (i) The voters of the district have approved a |
6 |
| proposition for the bond issue at the general primary |
7 |
| election held on March 21, 2006. |
8 |
| (ii) At the time of the sale of the bonds, the school |
9 |
| board determines, by resolution, that: (A) the building and |
10 |
| equipping of the new high school buildings, the altering, |
11 |
| repairing, and equipping of existing school buildings, and |
12 |
| the improvement of school sites, as the case may be, are |
13 |
| required as a result of a projected increase in the |
14 |
| enrollment of students in the district; and (B) the sale of |
15 |
| bonds for these purposes is authorized by legislation that |
16 |
| exempts the debt incurred on the bonds from the district's |
17 |
| statutory debt limitation.
|
18 |
| (iii) The bonds are issued, in one or more bond issues, |
19 |
| on or before March 21, 2011, but the aggregate principal |
20 |
| amount issued in all such bond issues combined must not |
21 |
| exceed $225,000,000.
|
22 |
| (iv) The bonds are issued in accordance with this |
23 |
| Article 19. |
24 |
| (v) The proceeds of the bonds are used only to |
25 |
| accomplish those projects approved by the voters at the |
26 |
| primary election held on March 21, 2006. |
|
|
|
HB2619 Engrossed |
- 41 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| The debt incurred on any bonds issued under this subsection |
2 |
| (p-20) shall not be considered indebtedness for purposes of any |
3 |
| statutory debt limitation.
|
4 |
| (p-25) In addition to all other authority to issue bonds, |
5 |
| Rochester Community Unit School District 3A may issue bonds |
6 |
| with an aggregate principal amount not to exceed $15,000,000, |
7 |
| but only if all of the following conditions are met: |
8 |
| (i) The voters of the district approve a proposition |
9 |
| for the bond issuance at the general primary election held |
10 |
| in 2008.
|
11 |
| (ii) At the time of the sale of the bonds, the school |
12 |
| board determines, by resolution, that: (A) the building and |
13 |
| equipping of a new high school building; the addition of |
14 |
| classrooms and support facilities at the high school, |
15 |
| middle school, and elementary school; the altering, |
16 |
| repairing, and equipping of existing school buildings; and |
17 |
| the improvement of school sites, as the case may be, are |
18 |
| required as a result of a projected increase in the |
19 |
| enrollment of students in the district; and (B) the sale of |
20 |
| bonds for these purposes is authorized by a law that |
21 |
| exempts the debt incurred on the bonds from the district's |
22 |
| statutory debt limitation. |
23 |
| (iii) The bonds are issued, in one or more bond issues, |
24 |
| on or before December 31, 2012, but the aggregate principal |
25 |
| amount issued in all such bond issues combined must not |
26 |
| exceed $15,000,000. |
|
|
|
HB2619 Engrossed |
- 42 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| (iv) The bonds are issued in accordance with this |
2 |
| Article 19. |
3 |
| (v) The proceeds of the bonds are used to accomplish |
4 |
| only those projects approved by the voters at the primary |
5 |
| election held in 2008.
|
6 |
| The debt incurred on any bonds issued under this subsection |
7 |
| (p-25) shall not be considered indebtedness for purposes of any |
8 |
| statutory debt limitation.
|
9 |
| (p-30) In addition to all other authority to issue bonds, |
10 |
| Prairie Grove Consolidated School District 46 may issue bonds |
11 |
| with an aggregate principal amount not to exceed $30,000,000, |
12 |
| but only if all of the following conditions are met:
|
13 |
| (i) The voters of the district approve a proposition |
14 |
| for the bond issuance at an election held in 2008.
|
15 |
| (ii) At the time of the sale of the bonds, the school |
16 |
| board determines, by resolution, that (A) the building and |
17 |
| equipping of a new school building and additions to |
18 |
| existing school buildings are required as a result of a |
19 |
| projected increase in the enrollment of students in the |
20 |
| district and (B) the altering, repairing, and equipping of |
21 |
| existing school buildings are required because of the age |
22 |
| of the existing school buildings.
|
23 |
| (iii) The bonds are issued, in one or more bond |
24 |
| issuances, on or before December 31, 2012; however, the |
25 |
| aggregate principal amount issued in all such bond |
26 |
| issuances combined must not exceed $30,000,000.
|
|
|
|
HB2619 Engrossed |
- 43 - |
LRB096 10393 NHT 20563 b |
|
|
1 |
| (iv) The bonds are issued in accordance with this |
2 |
| Article.
|
3 |
| (v) The proceeds of the bonds are used to accomplish |
4 |
| only those projects approved by the voters at an election |
5 |
| held in 2008.
|
6 |
| The debt incurred on any bonds issued under this subsection |
7 |
| (p-30) shall not be considered indebtedness for purposes of any |
8 |
| statutory debt limitation.
|
9 |
| (p-35) In addition to all other authority to issue bonds, |
10 |
| Prairie Hill Community Consolidated School District 133 may |
11 |
| issue bonds with an aggregate principal amount not to exceed |
12 |
| $13,900,000, but only if all of the following conditions are |
13 |
| met:
|
14 |
| (i) The voters of the district approved a proposition |
15 |
| for the bond issuance at an election held on April 17, |
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| 2007.
|
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| (ii) At the time of the sale of the bonds, the school |
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| board determines, by resolution, that (A) the improvement |
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| of the site of and the building and equipping of a school |
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| building are required as a result of a projected increase |
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| in the enrollment of students in the district and (B) the |
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| repairing and equipping of the Prairie Hill Elementary |
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| School building is required because of the age of that |
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| school building.
|
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| (iii) The bonds are issued, in one or more bond |
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| issuances, on or before December 31, 2011, but the |
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| aggregate principal amount issued in all such bond |
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| issuances combined must not exceed $13,900,000.
|
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| (iv) The bonds are issued in accordance with this |
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| Article.
|
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| (v) The proceeds of the bonds are used to accomplish |
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| only those projects approved by the voters at an election |
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| held on April 17, 2007.
|
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| The debt incurred on any bonds issued under this subsection |
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| (p-35) shall not be considered indebtedness for purposes of any |
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| statutory debt limitation.
|
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| (p-40) In addition to all other authority to issue bonds, |
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| Mascoutah Community Unit District 19 may issue bonds with an |
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| aggregate principal amount not to exceed $55,000,000, but only |
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| if all of the following conditions are met: |
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| (1) The voters of the district approve a proposition |
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| for the bond issuance at a regular election held on or |
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| after November 4, 2008. |
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| (2) At the time of the sale of the bonds, the school |
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| board determines, by resolution, that (i) the building and |
20 |
| equipping of a new high school building is required as a |
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| result of a projected increase in the enrollment of |
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| students in the district and the age and condition of the |
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| existing high school building, (ii) the existing high |
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| school building will be demolished, and (iii) the sale of |
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| bonds is authorized by statute that exempts the debt |
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| incurred on the bonds from the district's statutory debt |
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| limitation. |
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| (3) The bonds are issued, in one or more bond |
3 |
| issuances, on or before December 31, 2011, but the |
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| aggregate principal amount issued in all such bond |
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| issuances combined must not exceed $55,000,000. |
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| (4) The bonds are issued in accordance with this |
7 |
| Article. |
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| (5) The proceeds of the bonds are used to accomplish |
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| only those projects approved by the voters at a regular |
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| election held on or after November 4, 2008. |
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| The debt incurred on any bonds issued under this subsection |
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| (p-40) shall not be considered indebtedness for purposes of any |
13 |
| statutory debt limitation. |
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| (p-45) Notwithstanding the provisions of subsection (a) of |
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| this Section or of any other law, bonds issued pursuant to |
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| Section 19-3.5 of this Code shall not be considered |
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| indebtedness for purposes of any statutory limitation if the |
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| bonds are issued in an amount or amounts, including existing |
19 |
| indebtedness of the school district, not in excess of 18.5% of |
20 |
| the value of the taxable property in the district to be |
21 |
| ascertained by the last assessment for State and county taxes. |
22 |
| (p-50) Notwithstanding the provisions of subsection (a) of
|
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| this Section or of any other law, bonds issued pursuant to
|
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| Section 19-3.10 of this Code shall not be considered
|
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| indebtedness for purposes of any statutory limitation if the
|
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| bonds are issued in an amount or amounts, including existing
|
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| indebtedness of the school district, not in excess of 43% of
|
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| the value of the taxable property in the district to be
|
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| ascertained by the last assessment for State and county taxes. |
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| (q) A school district must notify the State Board of |
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| Education prior to issuing any form of long-term or short-term |
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| debt that will result in outstanding debt that exceeds 75% of |
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| the debt limit specified in this Section or any other provision |
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| of law.
|
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| (Source: P.A. 94-234, eff. 7-1-06; 94-721, eff. 1-6-06; 94-952, |
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| eff. 6-27-06; 94-1019, eff. 7-10-06; 94-1078, eff. 1-9-07; |
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| 95-331, eff. 8-21-07; 95-594, eff. 9-10-07; 95-792, eff. |
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| 1-1-09.) |
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| (105 ILCS 5/19-3.5 new) |
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| Sec. 19-3.5. Flood-damaged building. Martinsville |
15 |
| Community Unit School District 3C is authorized to issue bonds |
16 |
| in not to exceed the amount of $4,000,000 for the purpose of |
17 |
| paying the cost of acquiring and improving a school site and |
18 |
| building and equipping a new school building on the site to |
19 |
| replace all or a portion of a school building closed by the |
20 |
| regional superintendent of schools pursuant to Section 3-14.22 |
21 |
| of this Code because of flood damage. The replacement building |
22 |
| may be larger than the size of and offer more functions than |
23 |
| the school building being replaced. Bonds issued pursuant to |
24 |
| this Section may be issued without referendum and shall mature |
25 |
| not more than 25 years from the date of issuance. |
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| (105 ILCS 5/19-3.10 new)
|
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| Sec. 19-3.10. Mine subsidence damaged building. Gillespie |
3 |
| Community Unit School District 7 is authorized to issue bonds |
4 |
| in not to exceed the amount of $22,000,000 for the purpose of |
5 |
| paying the cost of acquiring and improving a school site and |
6 |
| building and equipping a new school building on the site to |
7 |
| replace all or a portion of a school building closed by the |
8 |
| regional superintendent of schools pursuant to Section 3-14.22 |
9 |
| of this Code because of mine subsidence damage. The replacement |
10 |
| building may be larger than the size of and offer more |
11 |
| functions than the school building being replaced. Bonds issued |
12 |
| pursuant to this Section may be issued without referendum and |
13 |
| shall mature not more than 25 years from the date of issuance.
|
14 |
| Section 99. Effective date. This Act takes effect upon |
15 |
| becoming law.
|