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09500HB1054sam001 |
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LRB095 10281 NHT 50838 a |
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| the terms provided in Section 10 of this Act
without reference |
2 |
| to other provisions of law, but only upon the conditions
|
3 |
| provided in this Section. Alternate bonds shall not be regarded |
4 |
| as or
included in any computation of indebtedness for the |
5 |
| purpose of any
statutory provision or limitation except as |
6 |
| expressly provided in this Section.
|
7 |
| Such conditions are:
|
8 |
| (a) Alternate bonds shall be issued for a lawful
corporate |
9 |
| purpose. If issued in lieu of revenue bonds, alternate bonds
|
10 |
| shall be issued for the purposes for which such revenue bonds |
11 |
| shall have
been authorized. If issued payable from a revenue |
12 |
| source in the manner
hereinafter provided, which revenue source |
13 |
| is limited in its purposes or
applications, then the alternate |
14 |
| bonds shall be issued only for such
limited purposes or |
15 |
| applications. Alternate bonds may be issued payable
from either |
16 |
| enterprise revenues or revenue sources, or both.
|
17 |
| (b) Alternate bonds shall be subject to backdoor |
18 |
| referendum. The
provisions of Section 5 of this Act shall apply |
19 |
| to such backdoor
referendum, together with the provisions |
20 |
| hereof. The authorizing ordinance
shall be published in a |
21 |
| newspaper of general circulation in the
governmental unit. |
22 |
| Along with or as part of the authorizing ordinance,
there shall |
23 |
| be published a notice of (1) the specific number of voters
|
24 |
| required to sign a petition requesting that the issuance of the |
25 |
| alternate
bonds be submitted to referendum, (2) the time when |
26 |
| such petition must
be filed, (3) the date of the prospective |
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09500HB1054sam001 |
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LRB095 10281 NHT 50838 a |
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| referendum, and
(4), with respect to authorizing ordinances |
2 |
| adopted on or after January 1,
1991, a statement that |
3 |
| identifies any revenue source that will be used to
pay debt |
4 |
| service on the alternate bonds.
The clerk or
secretary of the |
5 |
| governmental unit shall make a petition form available to
|
6 |
| anyone requesting one. If no petition is filed with the clerk |
7 |
| or secretary
within 30 days of publication of the authorizing |
8 |
| ordinance and notice, the
alternate bonds shall be authorized |
9 |
| to be issued. But if within this 30
days period, a petition is |
10 |
| filed with such clerk or secretary signed by
electors numbering |
11 |
| the greater of (i) 7.5% of the registered
voters in the |
12 |
| governmental unit or (ii) 200 of those registered voters or
15% |
13 |
| of those registered voters, whichever is less,
asking that the |
14 |
| issuance of such alternate bonds be submitted to
referendum, |
15 |
| the clerk or secretary shall certify such question for
|
16 |
| submission at an election held in accordance with the general |
17 |
| election law.
The question on the ballot shall include a |
18 |
| statement of any
revenue source that will be used to pay debt |
19 |
| service on
the alternate bonds. The alternate bonds shall be |
20 |
| authorized to be issued
if a majority of the votes cast on the |
21 |
| question at such election are in
favor thereof
provided that |
22 |
| notice of the bond referendum, if held before July 1, 1999,
has |
23 |
| been given in accordance with the provisions of Section
12-5
of |
24 |
| the Election Code
in effect at the time of the bond referendum, |
25 |
| at least 10 and not more than
45 days before the date of
the |
26 |
| election, notwithstanding the time for publication otherwise |
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09500HB1054sam001 |
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LRB095 10281 NHT 50838 a |
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| imposed by
Section 12-5.
Notices required in connection with |
2 |
| the submission of public questions
on or after July 1, 1999 |
3 |
| shall be as set forth in Section 12-5 of the Election
Code.
|
4 |
| Backdoor referendum proceedings for bonds and alternate
bonds |
5 |
| to be issued in lieu of such bonds may be conducted at the same |
6 |
| time. Notwithstanding any other provision of this Section, a |
7 |
| backdoor referendum is not required if the revenue source |
8 |
| pledged to the payment of the alternate bonds includes revenues |
9 |
| obtained from the County School Facility Occupation Tax Law |
10 |
| under Section 5-1006.7 of the Counties Code.
|
11 |
| (c) To the extent payable from enterprise revenues, such |
12 |
| revenues shall
have been determined by the governing body to be |
13 |
| sufficient to provide for
or pay in each year to final maturity |
14 |
| of such alternate bonds all of the
following: (1) costs of |
15 |
| operation and maintenance of the utility or
enterprise, but not |
16 |
| including depreciation, (2) debt service on all
outstanding |
17 |
| revenue bonds payable from such enterprise revenues, (3) all
|
18 |
| amounts required to meet any fund or account requirements with |
19 |
| respect to
such outstanding revenue bonds, (4) other |
20 |
| contractual or tort liability
obligations, if any, payable from |
21 |
| such enterprise revenues, and (5) in each
year, an amount not |
22 |
| less than 1.25 times debt service of all (i) alternate
bonds |
23 |
| payable from such enterprise revenues previously issued and
|
24 |
| outstanding and (ii) alternate bonds proposed to be issued.
To |
25 |
| the extent
payable from one or more revenue sources, such |
26 |
| sources shall have been
determined by the governing body to |
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09500HB1054sam001 |
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LRB095 10281 NHT 50838 a |
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| provide in each year, an amount not
less than 1.25 times debt |
2 |
| service of all alternate bonds payable from such
revenue |
3 |
| sources previously issued and outstanding and alternate bonds
|
4 |
| proposed to be issued.
The 1.25 figure in the preceding |
5 |
| sentence shall be reduced to 1.10 if the
revenue source is a |
6 |
| governmental revenue source.
The conditions enumerated in this |
7 |
| subsection (c)
need not be met for that amount of debt service |
8 |
| provided for by the setting
aside of proceeds of bonds or other |
9 |
| moneys at the time of the delivery of
such bonds. |
10 |
| Notwithstanding any other provision of this Section, a backdoor |
11 |
| referendum is not required if the proceeds backing the debt are |
12 |
| realized from revenues obtained from the County School Facility |
13 |
| Occupation Tax Law under Section 5-1006.7 of the Counties Code.
|
14 |
| (c-1) In the case of alternate bonds issued as variable |
15 |
| rate bonds
(including
refunding bonds), debt service shall be |
16 |
| projected based on the rate for the
most recent
date shown in |
17 |
| the 20 G.O. Bond Index of average municipal bond yields as
|
18 |
| published in
the most recent edition of The Bond Buyer |
19 |
| published in New York, New York (or
any
successor publication |
20 |
| or index, or if such publication or index is no longer
|
21 |
| published,
then any index of long-term municipal tax-exempt |
22 |
| bond yields selected by the
governmental unit), as of the date |
23 |
| of determination referred to in subsection (c) of this
Section. |
24 |
| Any interest or fees that may be payable to the provider of a |
25 |
| letter of credit, line
of credit, surety bond, bond insurance, |
26 |
| or other credit enhancement relating to such
alternate bonds |
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09500HB1054sam001 |
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LRB095 10281 NHT 50838 a |
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| and any fees that may be payable to any remarketing agent need |
2 |
| not be
taken into account for purposes of such projection. If |
3 |
| the governmental unit enters into
an agreement in connection |
4 |
| with such alternate bonds at the time of issuance
thereof
|
5 |
| pursuant to which the governmental unit agrees for a specified |
6 |
| period of time
to pay an
amount calculated at an agreed-upon |
7 |
| rate or index based on a notional amount
and the other party |
8 |
| agrees to pay the governmental unit an amount calculated at
an |
9 |
| agreed-upon rate or index based on such notional amount, |
10 |
| interest
shall be projected for such specified period of time |
11 |
| on the basis of the
agreed-upon rate
payable by the |
12 |
| governmental unit.
|
13 |
| (d) The determination of the sufficiency of enterprise |
14 |
| revenues or a
revenue source, as applicable, shall be supported |
15 |
| by reference to the most
recent audit of the governmental unit, |
16 |
| which shall be for a fiscal year
ending not earlier than 18 |
17 |
| months previous to the time of issuance of the
alternate bonds. |
18 |
| If such audit does not adequately show such enterprise
revenues |
19 |
| or revenue source, as applicable, or if such enterprise |
20 |
| revenues
or revenue source, as applicable, are shown to be |
21 |
| insufficient, then the
determination of sufficiency shall be |
22 |
| supported by the report of an
independent accountant or |
23 |
| feasibility analyst, the latter having a national
reputation
|
24 |
| for expertise in such matters, demonstrating the sufficiency of |
25 |
| such
revenues and explaining, if appropriate, by what means the |
26 |
| revenues will be
greater than as shown in the audit. Whenever |
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09500HB1054sam001 |
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LRB095 10281 NHT 50838 a |
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| such sufficiency is
demonstrated by reference to a schedule of |
2 |
| higher rates or charges for
enterprise revenues or a higher tax |
3 |
| imposition for a revenue source, such
higher rates, charges or |
4 |
| taxes shall have been properly imposed by an
ordinance adopted |
5 |
| prior to the time of delivery of alternate bonds. The
reference |
6 |
| to and acceptance of an audit or report, as the case may be, |
7 |
| and
the determination of the governing body as to sufficiency |
8 |
| of enterprise
revenues or a revenue source shall be conclusive |
9 |
| evidence that the
conditions of this Section have been met and |
10 |
| that the alternate bonds
are valid.
|
11 |
| (e) The enterprise revenues or revenue source, as |
12 |
| applicable, shall be
in fact pledged to the payment of the |
13 |
| alternate bonds; and the governing
body shall covenant, to the |
14 |
| extent it is empowered to do so, to provide
for, collect and |
15 |
| apply such enterprise revenues or revenue source, as
|
16 |
| applicable, to the payment of the alternate bonds and the |
17 |
| provision of
not less than an additional .25 (or .10 for |
18 |
| governmental revenue sources)
times debt service. The pledge |
19 |
| and
establishment of rates or charges for enterprise revenues, |
20 |
| or the
imposition of taxes in a given rate or amount, as |
21 |
| provided in this Section
for alternate bonds, shall constitute |
22 |
| a continuing obligation of the
governmental unit with respect |
23 |
| to such establishment or imposition and a
continuing |
24 |
| appropriation of the amounts received. All covenants relating
|
25 |
| to alternate bonds and the conditions and obligations imposed |
26 |
| by this
Section are enforceable by any bondholder of alternate |
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09500HB1054sam001 |
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LRB095 10281 NHT 50838 a |
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| bonds affected, any
taxpayer of the governmental unit, and the |
2 |
| People of the State of Illinois
acting through the Attorney |
3 |
| General or any designee, and in the event that
any such action |
4 |
| results in an order finding that the governmental unit has
not |
5 |
| properly set rates or charges or imposed taxes to the extent it |
6 |
| is
empowered to do so or collected and applied enterprise |
7 |
| revenues or any
revenue source, as applicable, as required by |
8 |
| this Act, the plaintiff in
any such action shall be awarded |
9 |
| reasonable attorney's fees. The intent is
that such enterprise |
10 |
| revenues or revenue source, as applicable, shall be
sufficient |
11 |
| and shall be applied to the payment of debt service on such
|
12 |
| alternate bonds so that taxes need not be levied, or if levied |
13 |
| need not be
extended, for such payment. Nothing in this Section |
14 |
| shall inhibit or
restrict the authority of a governing body to |
15 |
| determine the lien priority
of any bonds, including alternate |
16 |
| bonds, which may be issued with respect
to any enterprise |
17 |
| revenues or revenue source.
|
18 |
| In the event that alternate bonds shall have been issued |
19 |
| and taxes, other
than a designated revenue source, shall have |
20 |
| been extended pursuant to the
general obligation, full faith |
21 |
| and credit promise supporting such alternate
bonds, then the |
22 |
| amount of such alternate bonds then outstanding shall be
|
23 |
| included in the computation of indebtedness of the governmental |
24 |
| unit for
purposes of all statutory provisions or limitations |
25 |
| until such time as an
audit of the governmental unit shall show |
26 |
| that the alternate bonds have
been paid from the enterprise |
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09500HB1054sam001 |
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LRB095 10281 NHT 50838 a |
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| revenues or revenue source, as applicable,
pledged thereto for |
2 |
| a complete fiscal year.
|
3 |
| Alternate bonds may be issued to refund or advance refund |
4 |
| alternate bonds
without meeting any of the conditions set forth |
5 |
| in this Section, except
that the term of the refunding bonds |
6 |
| shall not be longer than the term of
the refunded bonds and |
7 |
| that the debt service payable in any year on the
refunding |
8 |
| bonds shall not exceed the debt service payable in such year on
|
9 |
| the refunded bonds.
|
10 |
| Once issued, alternate bonds shall be and forever remain |
11 |
| until paid or
defeased the general obligation of the |
12 |
| governmental unit, for the payment
of which its full faith and |
13 |
| credit are pledged, and shall be payable from
the levy of taxes |
14 |
| as is provided in this Act for general obligation bonds.
|
15 |
| The changes made by this amendatory Act of 1990 do not |
16 |
| affect the
validity of bonds authorized before September 1, |
17 |
| 1990.
|
18 |
| (Source: P.A. 95-675, eff. 10-11-07.)
|
19 |
| Section 10. The Counties Code is amended by changing |
20 |
| Section 5-1006.7 as follows: |
21 |
| (55 ILCS 5/5-1006.7) |
22 |
| Sec. 5-1006.7. School facility occupation taxes. |
23 |
| (a) The county board of any county may impose a tax upon |
24 |
| all persons engaged in the business of selling tangible |
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09500HB1054sam001 |
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LRB095 10281 NHT 50838 a |
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| personal property, other than personal property titled or |
2 |
| registered with an agency of this State's government, at retail |
3 |
| in the county on the gross receipts from the sales made in the |
4 |
| course of business to provide revenue to be used exclusively |
5 |
| for school facility purposes if a proposition for the tax has |
6 |
| been submitted to the electors of that county and approved by a |
7 |
| majority of those voting on the question as provided in |
8 |
| subsection (c). The tax under this Section may be imposed only |
9 |
| in one-quarter percent increments and may not exceed 1%. |
10 |
| This additional tax may not be imposed on the sale of food |
11 |
| for human consumption that is to be consumed off the premises |
12 |
| where it is sold (other than alcoholic beverages, soft drinks, |
13 |
| and food that has been prepared for immediate consumption) and |
14 |
| prescription and non-prescription medicines, drugs, medical |
15 |
| appliances and insulin, urine testing materials, syringes and |
16 |
| needles used by diabetics.
The Department of Revenue has full |
17 |
| power to administer and enforce this subsection, to collect all |
18 |
| taxes and penalties due under this subsection, to dispose of |
19 |
| taxes and penalties so collected in the manner provided in this |
20 |
| subsection, and to determine all rights to credit memoranda |
21 |
| arising on account of the erroneous payment of a tax or penalty |
22 |
| under this subsection. The Department shall deposit all taxes |
23 |
| and penalties collected under this subsection into a special |
24 |
| fund created for that purpose. |
25 |
| In the administration of and compliance with this |
26 |
| subsection, the Department and persons who are subject to this |
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09500HB1054sam001 |
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LRB095 10281 NHT 50838 a |
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| subsection (i) have the same rights, remedies, privileges, |
2 |
| immunities, powers, and duties, (ii) are subject to the same |
3 |
| conditions, restrictions, limitations, penalties, and |
4 |
| definitions of terms, and (iii) shall employ the same modes of |
5 |
| procedure as are set forth in Sections 1 through 1o, 2 through |
6 |
| 2-70 (in respect to all provisions contained in those Sections |
7 |
| other than the State rate of tax), 2a through 2h, 3 (except as |
8 |
| to the disposition of taxes and penalties collected), 4, 5, 5a, |
9 |
| 5b, 5c, 5d, 5e, 5f, 5g, 5h, 5i, 5j, 5k, 5l, 6, 6a, 6b, 6c, 7, 8, |
10 |
| 9, 10, 11, 11a, 12, and 13 of the Retailers' Occupation Tax Act |
11 |
| and all provisions of the Uniform Penalty and Interest Act as |
12 |
| if those provisions were set forth in this subsection. |
13 |
| The certificate of registration that is issued by the |
14 |
| Department to a retailer under the Retailers' Occupation Tax |
15 |
| Act permits the retailer to engage in a business that is |
16 |
| taxable without registering separately with the Department |
17 |
| under an ordinance or resolution under this subsection. |
18 |
| Persons subject to any tax imposed under the authority |
19 |
| granted in this subsection may reimburse themselves for their |
20 |
| seller's tax liability by separately stating that tax as an |
21 |
| additional charge, which may be stated in combination, in a |
22 |
| single amount, with State tax that sellers are required to |
23 |
| collect under the Use Tax Act, pursuant to any bracketed |
24 |
| schedules set forth by the Department. |
25 |
| (b) If a tax has been imposed under subsection (a), then a |
26 |
| service occupation tax must also be imposed at the same rate |
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09500HB1054sam001 |
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LRB095 10281 NHT 50838 a |
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| upon all persons engaged, in the county, in the business of |
2 |
| making sales of service, who, as an incident to making those |
3 |
| sales of service, transfer tangible personal property within |
4 |
| the county as an incident to a sale of service. |
5 |
| This tax may not be imposed on sales of food for human |
6 |
| consumption that is to be consumed off the premises where it is |
7 |
| sold (other than alcoholic beverages, soft drinks, and food |
8 |
| prepared for immediate consumption) and prescription and |
9 |
| non-prescription medicines, drugs, medical appliances and |
10 |
| insulin, urine testing materials, syringes, and needles used by |
11 |
| diabetics. |
12 |
| The tax imposed under this subsection and all civil |
13 |
| penalties that may be assessed as an incident thereof shall be |
14 |
| collected and enforced by the Department and deposited into a |
15 |
| special fund created for that purpose. The Department has full |
16 |
| power to administer and enforce this subsection, to collect all |
17 |
| taxes and penalties due under this subsection, to dispose of |
18 |
| taxes and penalties so collected in the manner provided in this |
19 |
| subsection, and to determine all rights to credit memoranda |
20 |
| arising on account of the erroneous payment of a tax or penalty |
21 |
| under this subsection. |
22 |
| In the administration of and compliance with this |
23 |
| subsection, the Department and persons who are subject to this |
24 |
| subsection shall (i) have the same rights, remedies, |
25 |
| privileges, immunities, powers and duties, (ii) be subject to |
26 |
| the same conditions, restrictions, limitations, penalties and |
|
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|
09500HB1054sam001 |
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LRB095 10281 NHT 50838 a |
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|
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| definition of terms, and (iii) employ the same modes of |
2 |
| procedure as are set forth in Sections 2 (except that that |
3 |
| reference to State in the definition of supplier maintaining a |
4 |
| place of business in this State means the county), 2a through |
5 |
| 2d, 3 through 3-50 (in respect to all provisions contained in |
6 |
| those Sections other than the State rate of tax), 4 (except |
7 |
| that the reference to the State shall be to the county), 5, 7, |
8 |
| 8 (except that the jurisdiction to which the tax is a debt to |
9 |
| the extent indicated in that Section 8 is the county), 9 |
10 |
| (except as to the disposition of taxes and penalties |
11 |
| collected), 10, 11, 12 (except the reference therein to Section |
12 |
| 2b of the Retailers' Occupation Tax Act), 13 (except that any |
13 |
| reference to the State means the county), Section 15, 16, 17, |
14 |
| 18, 19, and 20 of the Service Occupation Tax Act and all |
15 |
| provisions of the Uniform Penalty and Interest Act, as fully as |
16 |
| if those provisions were set forth herein. |
17 |
| Persons subject to any tax imposed under the authority |
18 |
| granted in this subsection may reimburse themselves for their |
19 |
| serviceman's tax liability by separately stating the tax as an |
20 |
| additional charge, which may be stated in combination, in a |
21 |
| single amount, with State tax that servicemen are authorized to |
22 |
| collect under the Service Use Tax Act, pursuant to any |
23 |
| bracketed schedules set forth by the Department. |
24 |
| (c) The tax under this Section may not be imposed until, by |
25 |
| ordinance or resolution of the county board, the question of |
26 |
| imposing the tax has been submitted to the electors of the |
|
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|
09500HB1054sam001 |
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LRB095 10281 NHT 50838 a |
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| county at a regular election and approved by a majority of the |
2 |
| electors voting on the question. Upon a resolution by the |
3 |
| county board or a resolution by school district boards that |
4 |
| represent at least 51% of the student enrollment within the |
5 |
| county, the county board must certify the question to the |
6 |
| proper election authority in accordance with the Election Code. |
7 |
| The election authority must submit the question in |
8 |
| substantially the following form: |
9 |
| Shall (name of county) be authorized to impose a |
10 |
| retailers' occupation tax and a service occupation tax |
11 |
| (commonly referred to as a "sales tax") at a rate of |
12 |
| (insert rate) to be used exclusively for school facility |
13 |
| purposes? |
14 |
| The election authority must record the votes as "Yes" or "No". |
15 |
| If a majority of the electors voting on the question vote |
16 |
| in the affirmative, then the county may, thereafter, impose the |
17 |
| tax. |
18 |
| For the purposes of this subsection (c), "enrollment" means |
19 |
| the head count of the students residing in the county on the |
20 |
| last school day of September of each year, which must be |
21 |
| reported on the Illinois State Board of Education Public School |
22 |
| Fall Enrollment/Housing Report.
|
23 |
| (d) The Department shall immediately pay over to the State |
24 |
| Treasurer, ex officio, as trustee, all taxes and penalties |
25 |
| collected under this Section to be deposited into the School |
26 |
| Facility Occupation Tax Fund, which shall be an unappropriated |
|
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|
09500HB1054sam001 |
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LRB095 10281 NHT 50838 a |
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| trust fund held outside the State treasury. |
2 |
| On or before the 25th day of each calendar month, the |
3 |
| Department shall prepare and certify to the Comptroller the |
4 |
| disbursement of stated sums of money to the regional |
5 |
| superintendents of schools in counties from which retailers or |
6 |
| servicemen have paid taxes or penalties to the Department |
7 |
| during the second preceding calendar month. The amount to be |
8 |
| paid to each regional superintendent of schools and disbursed |
9 |
| to him or her in accordance with 3-14.31 of the School Code, is |
10 |
| equal to the amount (not including credit memoranda) collected |
11 |
| from the county under this Section during the second preceding |
12 |
| calendar month by the Department, (i) less 2% of that amount, |
13 |
| which shall be deposited into the Tax Compliance and |
14 |
| Administration Fund and shall be used by the Department, |
15 |
| subject to appropriation, to cover the costs of the Department |
16 |
| in administering and enforcing the provisions of this Section, |
17 |
| on behalf of the county, (ii) plus an amount that the |
18 |
| Department determines is necessary to offset any amounts that |
19 |
| were erroneously paid to a different taxing body; (iii) less an |
20 |
| amount equal to the amount of refunds made during the second |
21 |
| preceding calendar month by the Department on behalf of the |
22 |
| county; and (iv) less any amount that the Department determines |
23 |
| is necessary to offset any amounts that were payable to a |
24 |
| different taxing body but were erroneously paid to the county. |
25 |
| When certifying the amount of a monthly disbursement to a |
26 |
| regional superintendent of schools under this Section, the |
|
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|
09500HB1054sam001 |
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LRB095 10281 NHT 50838 a |
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| Department shall increase or decrease the amounts by an amount |
2 |
| necessary to offset any miscalculation of previous |
3 |
| disbursements within the previous 6 months from the time a |
4 |
| miscalculation is discovered. |
5 |
| Within 10 days after receipt by the Comptroller from the |
6 |
| Department of the disbursement certification to the regional |
7 |
| superintendents of the schools provided for in this Section, |
8 |
| the Comptroller shall cause the orders to be drawn for the |
9 |
| respective amounts in accordance with directions contained in |
10 |
| the certification. |
11 |
| If the Department determines that a refund should be made |
12 |
| under this Section to a claimant instead of issuing a credit |
13 |
| memorandum, then the Department shall notify the Comptroller, |
14 |
| who shall cause the order to be drawn for the amount specified |
15 |
| and to the person named in the notification from the |
16 |
| Department. The refund shall be paid by the Treasurer out of |
17 |
| the School Facility Occupation Tax Fund.
|
18 |
| (e) For the purposes of determining the local governmental |
19 |
| unit whose tax is applicable, a retail sale by a producer of |
20 |
| coal or another mineral mined in Illinois is a sale at retail |
21 |
| at the place where the coal or other mineral mined in Illinois |
22 |
| is extracted from the earth. This subsection does not apply to |
23 |
| coal or another mineral when it is delivered or shipped by the |
24 |
| seller to the purchaser at a point outside Illinois so that the |
25 |
| sale is exempt under the United States Constitution as a sale |
26 |
| in interstate or foreign commerce. |
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| (f) Nothing in this Section may be construed to authorize a |
2 |
| county board to impose a tax upon the privilege of engaging in |
3 |
| any business that under the Constitution of the United States |
4 |
| may not be made the subject of taxation by this State. |
5 |
| (g) If a county board imposes a tax under this Section, |
6 |
| then the board may, by ordinance, discontinue or reduce the |
7 |
| rate of the tax. If, however, a school board issues bonds that |
8 |
| are secured backed by the proceeds of the tax under this |
9 |
| Section, then the county board may not reduce the tax rate or |
10 |
| discontinue the tax if that rate reduction or discontinuance |
11 |
| would adversely affect inhibit the school board's ability to |
12 |
| pay the principal and interest on those bonds as they become |
13 |
| due. If the county board reduces the tax rate or discontinues |
14 |
| the tax, then a referendum must be held in accordance with |
15 |
| subsection (c) of this Section in order to increase the rate of |
16 |
| the tax or to reimpose the discontinued tax. The State of |
17 |
| Illinois pledges to and agrees with the holders of bonds |
18 |
| secured by proceeds of the tax imposed under this Section that |
19 |
| the State will not limit or alter the rights and powers vested |
20 |
| in county boards by this Section so as to impair the terms of |
21 |
| any contract made by school districts with such holders or in |
22 |
| any way impair the rights and remedies of such holders until |
23 |
| the bonds, together with interest thereon, with interest on any |
24 |
| unpaid installments of interest, and all costs and expenses in |
25 |
| connection with any action or proceedings by or on behalf of |
26 |
| these holders, are fully met and discharged. |
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| The results of any election that authorizes a proposition |
2 |
| to impose a tax under this Section or to change the rate of the |
3 |
| tax along with an ordinance imposing the tax, or any ordinance |
4 |
| that lowers the rate or discontinues the tax, must be certified |
5 |
| by the county clerk and filed with the Illinois Department of |
6 |
| Revenue either (i) on or before the first day of April, |
7 |
| whereupon the Department shall proceed to administer and |
8 |
| enforce the tax or change in the rate as of the first day of |
9 |
| July next following the filing; or (ii) on or before the first |
10 |
| day of October, whereupon the Department shall proceed to |
11 |
| administer and enforce the tax or change in the rate as of the |
12 |
| first day of January next following the filing. |
13 |
| (h) For purposes of this Section, "school facility |
14 |
| purposes" means the acquisition, development, construction, |
15 |
| reconstruction, rehabilitation, improvement, financing, |
16 |
| architectural planning, and installation of capital facilities |
17 |
| consisting of buildings, structures, and durable equipment and |
18 |
| for the acquisition and improvement of real property and |
19 |
| interest in real property required, or expected to be required, |
20 |
| in connection with the capital facilities. "School-facility |
21 |
| purposes" also includes fire prevention, safety, energy |
22 |
| conservation, disabled accessibility, school security, and |
23 |
| specified repair purposes set forth under Section 17-2.11 of |
24 |
| the School Code. |
25 |
| (i) This Section does not apply to Cook County. |
26 |
| (j) This Section may be cited as the County School Facility |
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| Occupation Tax Law.
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| (Source: P.A. 95-675, eff. 10-11-07.) |
3 |
| Section 15. The School Code is amended by changing Sections |
4 |
| 3-14.31 and 10-22.36 as follows: |
5 |
| (105 ILCS 5/3-14.31)
|
6 |
| Sec. 3-14.31. School facility occupation tax proceeds. |
7 |
| (a) Within 30 days after receiving any proceeds of a school |
8 |
| facility occupation tax under Section 5-1006.7 of the Counties |
9 |
| Code, each regional superintendent must disburse those |
10 |
| proceeds to each school district that is located in the county |
11 |
| in which the tax was collected. |
12 |
| (b) The proceeds must be disbursed on an enrollment basis |
13 |
| and allocated based upon the number of each school district's |
14 |
| resident pupils that reside within the county collecting the |
15 |
| tax divided by the total number of resident students for all |
16 |
| school districts within the county.
|
17 |
| (Source: P.A. 95-675, eff. 10-11-07.)
|
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| (105 ILCS 5/10-22.36) (from Ch. 122, par. 10-22.36)
|
19 |
| Sec. 10-22.36. Buildings for school purposes. To build or |
20 |
| purchase a building for school classroom or
instructional |
21 |
| purposes upon the approval of a majority of the voters upon the
|
22 |
| proposition at a referendum held for such purpose or in |
23 |
| accordance with
Section 17-2.11. The board may initiate such |
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| referendum by resolution.
The board shall certify the |
2 |
| resolution and proposition to the proper
election authority for |
3 |
| submission in accordance with the general election law.
|
4 |
| The questions of building one or more new buildings for |
5 |
| school
purposes or office facilities, and issuing bonds for the |
6 |
| purpose of
borrowing money to purchase one or more buildings or |
7 |
| sites for such
buildings or office sites, to build one or more |
8 |
| new buildings for school
purposes or office facilities or to |
9 |
| make additions and improvements to
existing school buildings, |
10 |
| may be combined into one or more propositions
on the ballot.
|
11 |
| Before erecting, or purchasing or remodeling such a |
12 |
| building the
board shall submit the plans and specifications |
13 |
| respecting heating,
ventilating, lighting, seating, water |
14 |
| supply, toilets and safety against
fire to the regional |
15 |
| superintendent of schools having supervision and
control over |
16 |
| the district, for approval in accordance with Section 2-3.12.
|
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| Notwithstanding any of the foregoing, no referendum shall |
18 |
| be required
if all or a portion of the purchase, construction, |
19 |
| or building of any
such
building is completed (1) occurs while |
20 |
| the building is being
leased by the school district or (2) is |
21 |
| paid with with the expenditure of (A) funds
derived from the |
22 |
| sale or disposition of other buildings, land, or
structures of |
23 |
| the school district or (B) funds received (i) as a
grant under |
24 |
| the
School Construction Law, (ii) as gifts or donations,
|
25 |
| provided that no funds for such purposes to complete such |
26 |
| building , other than lease
payments, are
derived from the |