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Rep. Donald L. Moffitt
Filed: 5/13/2014
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1 | | AMENDMENT TO SENATE BILL 3113
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2 | | AMENDMENT NO. ______. Amend Senate Bill 3113, AS AMENDED, |
3 | | with reference to page and line numbers of House Amendment No. |
4 | | 1, as follows:
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5 | | on page 1, line 4, by replacing "Section" with "Sections |
6 | | 11E-105 and"; and |
7 | | on page 1, immediately below line 5, by inserting the |
8 | | following: |
9 | | "(105 ILCS 5/11E-105) |
10 | | Sec. 11E-105. Assets, liabilities and bonded indebtedness; |
11 | | tax rate. |
12 | | (a) Subject to the terms and provisions of subsections (b) |
13 | | and (c) of this Section, whenever a new district is created |
14 | | under any of the provisions of this Article, the outstanding |
15 | | bonded indebtedness shall be treated as provided in this |
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1 | | subsection (a) and in Section 19-29 of this Code. The tax rate |
2 | | for bonded indebtedness shall be determined in the manner |
3 | | provided in Section 19-7 of this Code, and, notwithstanding the |
4 | | creation of any such district, the county clerk or clerks shall |
5 | | annually extend taxes, for each outstanding bond issue against |
6 | | all of the taxable property that was situated within the |
7 | | boundaries of the district, as those boundaries existed at the |
8 | | time of the issuance of the bond issue, regardless of whether |
9 | | the property is still contained in that same district at the |
10 | | time of the extension of the taxes by the county clerk or |
11 | | clerks ; provided that, notwithstanding the provisions of |
12 | | Section 19-18 of this Code, upon resolution of the school |
13 | | board, the county clerk must extend taxes to pay the principal |
14 | | of and interest on any general obligation bonds issued by the |
15 | | new district exclusively to refund or continue to refund any |
16 | | bonded indebtedness of a district organized into the new |
17 | | district against all of the taxable property that was situated |
18 | | within the boundaries of the previously existing district as |
19 | | the boundaries existed at the time of the issuance of the |
20 | | initial bonded indebtedness being or continuing to be refunded. |
21 | | The terms of this proviso are applicable to districts that were |
22 | | created pursuant to a referendum held in November of 2008 . |
23 | | (b) For a unit district formation, whenever a part of a |
24 | | district is included within the boundaries of a newly created |
25 | | unit district, the regional superintendent of schools shall |
26 | | cause an accounting to be had between the districts affected by |
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1 | | the change in boundaries as provided for in Article 11C of this |
2 | | Code. Whenever the entire territory of 2 or more school |
3 | | districts is organized into a unit district pursuant to a |
4 | | petition filed under this Article, the petition may provide |
5 | | that the entire territory of the new unit district shall assume |
6 | | the bonded indebtedness of the previously existing school |
7 | | districts. In that case, the tax rate for bonded indebtedness |
8 | | shall be determined in the manner provided in Section 19-7 of |
9 | | this Code, except that the county clerk shall annually extend |
10 | | taxes for each outstanding bond issue against all the taxable |
11 | | property situated in the new unit district as it exists after |
12 | | the organization. |
13 | | (c)(1) For a high school-unit conversion, unit to dual |
14 | | conversion, or multi-unit conversion, upon the effective date |
15 | | of the change as provided in Section 11E-70 of this Code and |
16 | | subject to the provisions of paragraph (2) of this subsection |
17 | | (c), each newly created elementary district shall receive all |
18 | | of the assets and assume all of the liabilities and obligations |
19 | | of the dissolved unit district forming the boundary of the |
20 | | newly created elementary district. |
21 | | (2) Notwithstanding the provisions of paragraph (1) of this |
22 | | subsection (c), upon the stipulation of the school board of the |
23 | | school district serving a newly created elementary district for |
24 | | high school purposes
and either (i) the school board of the |
25 | | unit district prior to the effective date of its dissolution or |
26 | | (ii) thereafter the school board of the newly created |
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1 | | elementary district and with the approval in either case of the |
2 | | regional superintendent of schools of the educational service |
3 | | region in which the territory described in the petition filed |
4 | | under this Article or the greater percentage of equalized |
5 | | assessed valuation of the territory is situated, the assets, |
6 | | liabilities, and obligations of the dissolved unit district may |
7 | | be divided and assumed between and by the newly created |
8 | | elementary district and the school district serving the newly |
9 | | created elementary district for high school purposes,
in |
10 | | accordance with the terms and provisions of the stipulation and |
11 | | approval. In this event, the provisions of Section 19-29 shall |
12 | | be applied to determine the debt incurring power of the newly |
13 | | created elementary district and of the school district serving |
14 | | the newly created elementary district for high school purposes. |
15 | | (3) Without regard to whether the receipt of assets and the |
16 | | assumption of liabilities and obligations of the dissolved unit |
17 | | district is determined pursuant to paragraph (1) or (2) of this |
18 | | subsection (c), the tax rate for bonded indebtedness shall be |
19 | | determined in the manner provided in Section 19-7, and, |
20 | | notwithstanding the creation of this new elementary district, |
21 | | the county clerk or clerks shall annually extend taxes for each |
22 | | outstanding bond issue against all of the taxable property that |
23 | | was situated within the boundaries of the dissolved unit |
24 | | district as those boundaries existed at the time of the |
25 | | issuance of the bond issue, regardless of whether the property |
26 | | was still contained in that unit district at the time of its |