HB2619 Engrossed LRB096 10393 NHT 20563 b

1     AN ACT concerning education.
 
2     Be it enacted by the People of the State of Illinois,
3 represented in the General Assembly:
 
4     Section 3. The Property Tax Code is amended by changing
5 Section 18-185 as follows:
 
6     (35 ILCS 200/18-185)
7     Sec. 18-185. Short title; definitions. This Division 5 may
8 be cited as the Property Tax Extension Limitation Law. As used
9 in this Division 5:
10     "Consumer Price Index" means the Consumer Price Index for
11 All Urban Consumers for all items published by the United
12 States Department of Labor.
13     "Extension limitation" means (a) the lesser of 5% or the
14 percentage increase in the Consumer Price Index during the
15 12-month calendar year preceding the levy year or (b) the rate
16 of increase approved by voters under Section 18-205.
17     "Affected county" means a county of 3,000,000 or more
18 inhabitants or a county contiguous to a county of 3,000,000 or
19 more inhabitants.
20     "Taxing district" has the same meaning provided in Section
21 1-150, except as otherwise provided in this Section. For the
22 1991 through 1994 levy years only, "taxing district" includes
23 only each non-home rule taxing district having the majority of

 

 

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1 its 1990 equalized assessed value within any county or counties
2 contiguous to a county with 3,000,000 or more inhabitants.
3 Beginning with the 1995 levy year, "taxing district" includes
4 only each non-home rule taxing district subject to this Law
5 before the 1995 levy year and each non-home rule taxing
6 district not subject to this Law before the 1995 levy year
7 having the majority of its 1994 equalized assessed value in an
8 affected county or counties. Beginning with the levy year in
9 which this Law becomes applicable to a taxing district as
10 provided in Section 18-213, "taxing district" also includes
11 those taxing districts made subject to this Law as provided in
12 Section 18-213.
13     "Aggregate extension" for taxing districts to which this
14 Law applied before the 1995 levy year means the annual
15 corporate extension for the taxing district and those special
16 purpose extensions that are made annually for the taxing
17 district, excluding special purpose extensions: (a) made for
18 the taxing district to pay interest or principal on general
19 obligation bonds that were approved by referendum; (b) made for
20 any taxing district to pay interest or principal on general
21 obligation bonds issued before October 1, 1991; (c) made for
22 any taxing district to pay interest or principal on bonds
23 issued to refund or continue to refund those bonds issued
24 before October 1, 1991; (d) made for any taxing district to pay
25 interest or principal on bonds issued to refund or continue to
26 refund bonds issued after October 1, 1991 that were approved by

 

 

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1 referendum; (e) made for any taxing district to pay interest or
2 principal on revenue bonds issued before October 1, 1991 for
3 payment of which a property tax levy or the full faith and
4 credit of the unit of local government is pledged; however, a
5 tax for the payment of interest or principal on those bonds
6 shall be made only after the governing body of the unit of
7 local government finds that all other sources for payment are
8 insufficient to make those payments; (f) made for payments
9 under a building commission lease when the lease payments are
10 for the retirement of bonds issued by the commission before
11 October 1, 1991, to pay for the building project; (g) made for
12 payments due under installment contracts entered into before
13 October 1, 1991; (h) made for payments of principal and
14 interest on bonds issued under the Metropolitan Water
15 Reclamation District Act to finance construction projects
16 initiated before October 1, 1991; (i) made for payments of
17 principal and interest on limited bonds, as defined in Section
18 3 of the Local Government Debt Reform Act, in an amount not to
19 exceed the debt service extension base less the amount in items
20 (b), (c), (e), and (h) of this definition for non-referendum
21 obligations, except obligations initially issued pursuant to
22 referendum; (j) made for payments of principal and interest on
23 bonds issued under Section 15 of the Local Government Debt
24 Reform Act; (k) made by a school district that participates in
25 the Special Education District of Lake County, created by
26 special education joint agreement under Section 10-22.31 of the

 

 

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1 School Code, for payment of the school district's share of the
2 amounts required to be contributed by the Special Education
3 District of Lake County to the Illinois Municipal Retirement
4 Fund under Article 7 of the Illinois Pension Code; the amount
5 of any extension under this item (k) shall be certified by the
6 school district to the county clerk; (l) made to fund expenses
7 of providing joint recreational programs for the handicapped
8 under Section 5-8 of the Park District Code or Section 11-95-14
9 of the Illinois Municipal Code; (m) made for temporary
10 relocation loan repayment purposes pursuant to Sections 2-3.77
11 and 17-2.2d of the School Code; (n) made for payment of
12 principal and interest on any bonds issued under the authority
13 of Section 17-2.2d of the School Code; and (o) made for
14 contributions to a firefighter's pension fund created under
15 Article 4 of the Illinois Pension Code, to the extent of the
16 amount certified under item (5) of Section 4-134 of the
17 Illinois Pension Code.
18     "Aggregate extension" for the taxing districts to which
19 this Law did not apply before the 1995 levy year (except taxing
20 districts subject to this Law in accordance with Section
21 18-213) means the annual corporate extension for the taxing
22 district and those special purpose extensions that are made
23 annually for the taxing district, excluding special purpose
24 extensions: (a) made for the taxing district to pay interest or
25 principal on general obligation bonds that were approved by
26 referendum; (b) made for any taxing district to pay interest or

 

 

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1 principal on general obligation bonds issued before March 1,
2 1995; (c) made for any taxing district to pay interest or
3 principal on bonds issued to refund or continue to refund those
4 bonds issued before March 1, 1995; (d) made for any taxing
5 district to pay interest or principal on bonds issued to refund
6 or continue to refund bonds issued after March 1, 1995 that
7 were approved by referendum; (e) made for any taxing district
8 to pay interest or principal on revenue bonds issued before
9 March 1, 1995 for payment of which a property tax levy or the
10 full faith and credit of the unit of local government is
11 pledged; however, a tax for the payment of interest or
12 principal on those bonds shall be made only after the governing
13 body of the unit of local government finds that all other
14 sources for payment are insufficient to make those payments;
15 (f) made for payments under a building commission lease when
16 the lease payments are for the retirement of bonds issued by
17 the commission before March 1, 1995 to pay for the building
18 project; (g) made for payments due under installment contracts
19 entered into before March 1, 1995; (h) made for payments of
20 principal and interest on bonds issued under the Metropolitan
21 Water Reclamation District Act to finance construction
22 projects initiated before October 1, 1991; (h-4) made for
23 stormwater management purposes by the Metropolitan Water
24 Reclamation District of Greater Chicago under Section 12 of the
25 Metropolitan Water Reclamation District Act; (i) made for
26 payments of principal and interest on limited bonds, as defined

 

 

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1 in Section 3 of the Local Government Debt Reform Act, in an
2 amount not to exceed the debt service extension base less the
3 amount in items (b), (c), and (e) of this definition for
4 non-referendum obligations, except obligations initially
5 issued pursuant to referendum and bonds described in subsection
6 (h) of this definition; (j) made for payments of principal and
7 interest on bonds issued under Section 15 of the Local
8 Government Debt Reform Act; (k) made for payments of principal
9 and interest on bonds authorized by Public Act 88-503 and
10 issued under Section 20a of the Chicago Park District Act for
11 aquarium or museum projects; (l) made for payments of principal
12 and interest on bonds authorized by Public Act 87-1191 or
13 93-601 and (i) issued pursuant to Section 21.2 of the Cook
14 County Forest Preserve District Act, (ii) issued under Section
15 42 of the Cook County Forest Preserve District Act for
16 zoological park projects, or (iii) issued under Section 44.1 of
17 the Cook County Forest Preserve District Act for botanical
18 gardens projects; (m) made pursuant to Section 34-53.5 of the
19 School Code, whether levied annually or not; (n) made to fund
20 expenses of providing joint recreational programs for the
21 handicapped under Section 5-8 of the Park District Code or
22 Section 11-95-14 of the Illinois Municipal Code; (o) made by
23 the Chicago Park District for recreational programs for the
24 handicapped under subsection (c) of Section 7.06 of the Chicago
25 Park District Act; (p) made for contributions to a
26 firefighter's pension fund created under Article 4 of the

 

 

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1 Illinois Pension Code, to the extent of the amount certified
2 under item (5) of Section 4-134 of the Illinois Pension Code;
3 and (q) made by Ford Heights School District 169 under Section
4 17-9.02 of the School Code.
5     "Aggregate extension" for all taxing districts to which
6 this Law applies in accordance with Section 18-213, except for
7 those taxing districts subject to paragraph (2) of subsection
8 (e) of Section 18-213, means the annual corporate extension for
9 the taxing district and those special purpose extensions that
10 are made annually for the taxing district, excluding special
11 purpose extensions: (a) made for the taxing district to pay
12 interest or principal on general obligation bonds that were
13 approved by referendum; (b) made for any taxing district to pay
14 interest or principal on general obligation bonds issued before
15 the date on which the referendum making this Law applicable to
16 the taxing district is held; (c) made for any taxing district
17 to pay interest or principal on bonds issued to refund or
18 continue to refund those bonds issued before the date on which
19 the referendum making this Law applicable to the taxing
20 district is held; (d) made for any taxing district to pay
21 interest or principal on bonds issued to refund or continue to
22 refund bonds issued after the date on which the referendum
23 making this Law applicable to the taxing district is held if
24 the bonds were approved by referendum after the date on which
25 the referendum making this Law applicable to the taxing
26 district is held; (e) made for any taxing district to pay

 

 

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1 interest or principal on revenue bonds issued before the date
2 on which the referendum making this Law applicable to the
3 taxing district is held for payment of which a property tax
4 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
7 the governing body of the unit of local government finds that
8 all other sources for payment are insufficient to make those
9 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
12 referendum making this Law applicable to the taxing district is
13 held to pay for the building project; (g) made for payments due
14 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
21 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
24 for a qualified airport authority to pay interest or principal
25 on general obligation bonds issued for the purpose of paying
26 obligations due under, or financing airport facilities

 

 

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1 required to be acquired, constructed, installed or equipped
2 pursuant to, contracts entered into before March 1, 1996 (but
3 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
7 Illinois Municipal Code; and (l) made for contributions to a
8 firefighter's pension fund created under Article 4 of the
9 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
12 principal on general obligation bonds issued pursuant to
13 Section 19-3.10 of the School Code.
14     "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
24 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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1 made for any taxing district to pay interest or principal on
2 bonds issued to refund or continue to refund bonds issued after
3 the effective date of this amendatory Act of 1997 if the bonds
4 were approved by referendum after the effective date of this
5 amendatory Act of 1997; (e) made for any taxing district to pay
6 interest or principal on revenue bonds issued before the
7 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
18 into before the effective date of this amendatory Act of 1997;
19 (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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1 for a qualified airport authority to pay interest or principal
2 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
19 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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1 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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1 The extension for a special service area is not included in the
2 aggregate extension.
3     "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
14 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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1 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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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

 

 

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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,

 

 

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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

 

 

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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,
16     2007.
17         (ii) At the time of the sale of the bonds, the school
18     board determines, by resolution, that (A) the improvement
19     of the site of and the building and equipping of a school
20     building are required as a result of a projected increase
21     in the enrollment of students in the district and (B) the
22     repairing and equipping of the Prairie Hill Elementary
23     School building is required because of the age of that
24     school building.
25         (iii) The bonds are issued, in one or more bond
26     issuances, on or before December 31, 2011, but the

 

 

HB2619 Engrossed - 44 - LRB096 10393 NHT 20563 b

1     aggregate principal amount issued in all such bond
2     issuances combined must not exceed $13,900,000.
3         (iv) The bonds are issued in accordance with this
4     Article.
5         (v) The proceeds of the bonds are used to accomplish
6     only those projects approved by the voters at an election
7     held on April 17, 2007.
8 The debt incurred on any bonds issued under this subsection
9 (p-35) shall not be considered indebtedness for purposes of any
10 statutory debt limitation.
11     (p-40) In addition to all other authority to issue bonds,
12 Mascoutah Community Unit District 19 may issue bonds with an
13 aggregate principal amount not to exceed $55,000,000, but only
14 if all of the following conditions are met:
15         (1) The voters of the district approve a proposition
16     for the bond issuance at a regular election held on or
17     after November 4, 2008.
18         (2) At the time of the sale of the bonds, the school
19     board determines, by resolution, that (i) the building and
20     equipping of a new high school building is required as a
21     result of a projected increase in the enrollment of
22     students in the district and the age and condition of the
23     existing high school building, (ii) the existing high
24     school building will be demolished, and (iii) the sale of
25     bonds is authorized by statute that exempts the debt
26     incurred on the bonds from the district's statutory debt

 

 

HB2619 Engrossed - 45 - LRB096 10393 NHT 20563 b

1     limitation.
2         (3) The bonds are issued, in one or more bond
3     issuances, on or before December 31, 2011, but the
4     aggregate principal amount issued in all such bond
5     issuances combined must not exceed $55,000,000.
6         (4) The bonds are issued in accordance with this
7     Article.
8         (5) The proceeds of the bonds are used to accomplish
9     only those projects approved by the voters at a regular
10     election held on or after November 4, 2008.
11     The debt incurred on any bonds issued under this subsection
12 (p-40) shall not be considered indebtedness for purposes of any
13 statutory debt limitation.
14     (p-45) Notwithstanding the provisions of subsection (a) of
15 this Section or of any other law, bonds issued pursuant to
16 Section 19-3.5 of this Code shall not be considered
17 indebtedness for purposes of any statutory limitation if the
18 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
23 this Section or of any other law, bonds issued pursuant to
24 Section 19-3.10 of this Code shall not be considered
25 indebtedness for purposes of any statutory limitation if the
26 bonds are issued in an amount or amounts, including existing

 

 

HB2619 Engrossed - 46 - LRB096 10393 NHT 20563 b

1 indebtedness of the school district, not in excess of 43% of
2 the value of the taxable property in the district to be
3 ascertained by the last assessment for State and county taxes.
4     (q) A school district must notify the State Board of
5 Education prior to issuing any form of long-term or short-term
6 debt that will result in outstanding debt that exceeds 75% of
7 the debt limit specified in this Section or any other provision
8 of law.
9 (Source: P.A. 94-234, eff. 7-1-06; 94-721, eff. 1-6-06; 94-952,
10 eff. 6-27-06; 94-1019, eff. 7-10-06; 94-1078, eff. 1-9-07;
11 95-331, eff. 8-21-07; 95-594, eff. 9-10-07; 95-792, eff.
12 1-1-09.)
 
13     (105 ILCS 5/19-3.5 new)
14     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.
 

 

 

HB2619 Engrossed - 47 - LRB096 10393 NHT 20563 b

1     (105 ILCS 5/19-3.10 new)
2     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.